Document gDy7b19aJYqNOm6eL6R3vbgRa

'.A ;"> *' TO: V H V. .V APPROVED "` by -< Operating RETURN TO PURCHASING DEPARTMENT CONTRACT FOR Load Centor Building (Insert name of job) AMERICAN SMELTING AND REFINING COMPANY'S_ 1 Paso .Plant at El Paso. Toxas (Insert town end state) THIS AGREEMENT, made the. 28th day of Soptombor . 1q 70) > Southwostorm Industrial by and between Coatractors and Riggers, Inc., whose address is 1730 Bassott Avo., 1 Paso, Toxas 79948 .(hereinafter called the "Contractor") and AMERICAN SMELTING AND REFINING COMPANY, a corporation of the State of New Jersey, whose address is 120 Broadway, New York 5, N.Y. and P. O. Box nil. El Paso. Toxas 79999 (Insert address of plant or unit) .(hereinafter called the "Owner"). WITNESSETH: The Contractor and Owner agree as follows: Article 1. Scope of the work The Contractor shall furnish all shop drawings, field engineering, labor, tools, equipment, transportation, materials'and other facilities, except such items as are hereinafter listed as being furnished or furnished and installed by the Owner, for__ Load Coator Building(hereinafter called,.tbe "work") (Insert nans of job) -`Y1' . , vvV'tf' at the ^ ___________ plant of the Owner at ^ ~ Tocm - V (insert town * state) . in accordance with the drawings and specifications' listed beiow,v ali of which are incorporated herein by reference and made a part hereof: (Lite Specifications and Drawings Drgs. EP-16694, EP-16695 It EP-16685 Md SpoclfieaUoma .Shown _oa Thoso Drawings. vM:f, r-v,, SWXCAR Proposal of Soptombor 23, 1970 -" yrA ~ ' .-.lO'-s,.. M; ' ASARCO ELP 0008708 * , *Vi* .* .?* ' .' (0f' '<$ ; .. - ' - vw,4.. *..-. 'of v Article 2. Time of Completion The work shall be commenced Octobw 1 1970and shall be substantially completed______ P*S**5j?*T--J925--------- Article 5. Payment (to be deleted if progress payments' are to be made) The Owner shall pay the Contractor for the performance of this Contract, the sum of NUU Thousand Fly Hvmdred^dollars, ($ 9S00.00), lawful money of the United States of America within ______ ^ days after satisfactory completion of the work and sub mission by the Contractor of evidence (including, if requested, complete releases of all liens arising out of or in connection with the work by all persons, firms or corporations on whose behalf such liens could be or were filed) satisfactory to the Owner that all charges for labor and material incorporated in the work and all other indebtedness connected with the work for which liens could be filed have been paid and that the work is free of all liens and encumbrances. ;icle 3. Payments (to be deleted if progress payments-^are not to be made) 1 . -v The Owner shall pay the Contractor foir the performance of this contract,* I, the su\.of________ __________________ \ / dollars, follows: an or about the I, lawful money of the Unitedy^tates, as .day oXeach calendar mon^n, commencing / .per cent 19____ , thXOwner shj 1 pay the Contractor _ fo) based on 'ontract prices, of th? / ^abor and materials incorporated in the work and>f fSWerials suitably stored at the site thereof up rfi the end of the next njrecedin^^alendar month, as estimated by t)fe Owner, lass the aggregate of/previous patoents; and upon com pletion of tjjie entire work,^a sum sufficient to increase tne total payments ta per centV.________________ S <f) of the contractorice. FinaJ payment dr the remaining (_____ Nu jF <) of the contract priO shall/^e due .days after coimfetion of the work. fore each such payment's aue, the Contractor shall subpifE^evideace satisfactory to the Owner (inoZuding, if requested, partial.waiters, v\:.in' the. case of finaXnayment, compete releases^of all liens arisio^out of ok' in connection witff^the work bjr all persons, firms or corporationstoh whose\ehalf such liens couldHfee or ware filed) that all charges , for "liftor'and`material in corporated in the wqrl^md all other indebtedness ,;(excaipt,; in'the .case of pay ments other than finaPpayment, indebtedness notS^;hei^nue) connected with the work for which lien^cSuld be filed have been paioy<nd:.that;.the work is free of all liens and encumbrances. . ASARCO ELP 0008709 1 Article 4 Payments Withheld The.Owner may withhold all or part of any payment to'the^extent'neces-' sary to protect the Owner from loss or damage on account of (a) damaged or de fective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor or the' Owner (c) failure of the Contractor to make payments properly to Subcontractors or for material or labor, (d) a reasonable doubt that this contract can be com pleted for the.balance then unpaid, or (e) damage to the Owner's property or the work of another contractor. Article 5. Liens If any lien remain unsatisfied after payment of the'full 'contract price has been made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee. The Contractor shall., at any time requested by the Owner,, deliver a bond satisfactory to the Owner indemnifying it against any lien and expenses occasioned thereby. -. >. Article 6. Title to the Work Title to all work completed' or in the course of construction shall be in the Owner; and title to all machinery, equipment and materials to be in corporated in the work shall be in the Owner as soon as they are delivered on the site of the job. Article 7. Inspection and Repair The Contractor shall provide safe and proper.facilities at all times for the inspection of the work by the Owner, and .shall as soon as practicable after written notice from the Owner, at the Contractor's expense, replace and repair any materials or portions of the work which the Owner shall deem defec tive and make good all work damaged or destroyed thereby, whether or not- there shall be a dispute with respect to any of the foregoing. Any such dispute shall be settled by arbitration. Article 8. Protection by Contractor The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property and all persons thereon from injury, damage or loss by reason of any act or omission of the Contractor or any Subcontractor. The Contractor shall be responsible, and reimburse the .Owner, for any loss or expense to the Owner arising from damage to the work or other property of the Owner caused by the-wrongful act or neglect of the Con tractor,' any Subcontractor or the employees of the Contractor or.any Subcon tractor," -Where such damage' includes damage to the work it"shall be repaired at the expense of the Contractor. " ' The Contractor shall use its best judgement and skill in dealing with labor matters, and 'take all reasonable !step?'to avoid.jlabor dispute. ;. -. In .- ' the event of any strike or threat of strike, 'slowdowns','.featherbedding, or others like practices, the Contractor shall apprise the.'Owner of all relevant facts .and implications of the particular labor problem'involved, and shall consult in " good faith with the Owner in an endeavor.to reach a mutually satisfactory solu-^- ; , tion to such labor problem and, so`far as reasonably possible, to protect the Owner against delays affecting thhee work or''damage'-'or losses to its other-operations. b. ^~.wT3V;' ASARCO ELP 0008710 r- ' - ' - *v- v* .S<` %-t.`-?i-i " -'i ^< 13Vi< i-P0mo *a *\4> >7 '.; :?-! :,. Article 9. ., Contractor's Liability Insurance ..;. -... .&%*'*' ... -t '.j&.'.v.ite'fc The Contractor'shall maintain such -insurance as will indemnify_it against claims, under workmen's compensation acts and against any'other^claims for damages for personal injury, including death, which may arise from opera tions under this contract, whether such operations be by the Contractor or any Subcontractor or anyone directly or indirectly employed by either of them. Prior to commencement of this work the Contractor shall file with-the Owner completed certificates of insurance in form of "Insurance Certificate" attached and shall provide insurance coverage in amounts not less then those stated therein.. . Article 10. Indemnity 'by Contractor The Contractor shall save harmless and indemnify the Owner from and against any expense,' loss or damage on account of any claim, demand or suit made by any person whomsoever, including any employee of the Owner,- which is in any way caused by or connected with, or grows out of the execution and per formance of this contract by the Contractor or'any Subcontractor; provided, however, that the Contractor shall not be required to indemnify the Owner against any loss caused solely by the negligence of willful fault of the Owner or its employees. The Contractor:- accepts all risk of injury or damage and all responsibility for any claims for damages whatsoever resulting from 'the use, misuse, or failure of any hoist, rigging, blocking, scaffolding, or other like or unlike equipment used by the Contractor or any Subcontractor, even though such equipment be furnished or loaned to the Contractor or any such Subcon tractor by the Owner, and shall indemnify the Owner against all such claims. Article 11. Owner's Responsibility for Certain Casualties The Owner shall be responsible for all damage to the work, and to material, temporary structures, and equipment (excluding construction equipment not owned by the Owner) at the site of the job, which is caused by fire, wind storm, smoke, hail, aircraft, explosion, vehicles, riot or civil commotion. `' / Article 12. Compliance with Laws and Ordinances The Contractor shall give all notices and comply with all laws, ordinances, rules, and,regulations, bearing on the conduct of the work as drawn and specified. If theContractor performs any work contrary to any such law, ordinance, rule or regulation, he shall bear all costs arising therefrom. If for any reason the Contractor's or any Subcontractor's employees or agents acquire a status imposing liability on the Owner for employer's con tributions or taxes under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, any State Unemployment Tax Act, or any other Act, the Contractor shall be exclusively liable for, and shall indemnify the.Owner against, the same' and agrees to comply with all such laws and regulations so as to relieve the Owner from any and all liability therefor and from the re sponsibility of making reports or keeping records with respect thereto.. Article 13. Patents : V '' "" ' ' The Contractor shall indemnify and save harmless the Owner against and from any and all claims, losses, costs,1 damages, expenses, actions or other proceedings, growing out of or resulting from infringement of .any patent, by the ... Contractor or any Subcontractor in the perfonnance'-of this contract, except that this provision shall not apply to patented articles or' processes specified in drawing or specifications furnished by the Owner; v-.- - r/;. . . :- -. ' ;" ASARCO ELP 0008711  ...... ' :^P^5,of*7:;f Article 14.- Changes in the Work . ._ , .... . ' :W-M*'v& rVf^V'i ' " /.; ?,. ,..__..... -S The Owner, without invalidating this contract, may at'any.time.-order extra work or make changes by altering, adding to or deducting frorai.'the work. Such order may be made the Owner on its own behalf or at the request of-the Con tractor, upon discovery by the Contractor of any discrepancy between the plans and the physical conditions encountered. If such extra work or changes involve a change in cost, the contract price shall be increased or decreased by the fair value thereof. The;Owner will itemize the changes to be made and upon receipt of written notice of same, the Contractor will submit promptly to the Owner,' -in triplicate, an itemized statement of his calculations of the adjustment in the contract price resulting from the changes or extra work. This must be done .be fore work on the change is begun unless the Owner gives written order to proceed immediately. No work or change shall be made, except by written order of the Owner and no claim for an addition to the contract price shall be valid unless the additional work was so ordered. Any dispute under this Article shall be subject to arbitration. i Article 15. Owner's Right to Terminate Contract If the Contractor should be adjudged a bankrupt, or make.an assignment for the benefit of creditors, or if a receiver of the Contractor's property should be appointed or if the Contractor files a petition or if a trustee of the Contractor's property should be appointed under the reorganization or readjust ment provisions of the Bankruptcy Act, or if the Contractor at any time should refuse or neglect to supply enough' properly skilled workmen or proper materials, or if he should fail to make prompt payments to Subcontractors or for material or labor, or disregard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the contract .. which he shall have failed to correct promptly after service of written notice thereof by the Owner, then the Owner may, without prejudice to any other right or remedy, terminate the employment of the Contractor for the Contractor's de fault and take possession of the premises and of all materials, tools and ap pliances thereon and finish the work by whatever method the Owner may deem ex- - pedient. In such'case, the Contractor shall not be entitled to receive any ' further payment until the work is finished. If the unpaid balance of the con tract price shall exceed all the general damages of the Owner caused by the Con tractor's default, including the expense of finishing the work and compensation to the Owner for thp Owner's managerial and administrative service, such excess shall be paid to the Contractor. If such damages shall exceed such unpaid bal ance, the Contractor shall pay the difference to the Owner. In the event the Contractor and the (Owner are unable to agree upon the amount to be paid or re imbursed the dispute shall be settled by arbitration. Article 16. Correction of Work after Payment - Neither payment nor any provision-in this contract shall1 relieve'the' Contractor of responsibility for faulty materials or workmanship and the Con tractor shall remedy any defects due thereto and pay for any.damage to other work resulting therefrom which shall appear within one year from.the date of completion of the Contractor's work hereunder. The Owner shall give notice of observed defects with reasonable promptness. Any dispute under this Article shall be subject to arbitration. j" " "7 ,. i ASARCO ELP 0008712 '' '" I Article 17. Arbitration ' H-,. :-^'^i' All disputes which are herein stated to be subject to arbitration shall be submitted to and'determined by arbitration. Except as and to jthe' extent ''' otherwise provided by the controlling state law, no party may have recourse to legal proceedings (other than to enforce this arbitration Article) unless and until an arbitration award has been made. There shall be one arbitrator who shall be chosen by the American Arbitration Association, whose arbitration rules shall be followed. : ,- Article 18. Subcontracts The Contractor will not employ any Subcontractor without the prior written approval of the Owner and the Contractor shall require each 'Subcontractor to execute a contract in writing containing provisions similiar ^o all provisions of this contract which are in any way applicable to such Subcontractor and which will obligate such Subcontractor to comply with and perform all .such provisions herein.' Nothing herein shall create a contractual relationship between any Sub contractor and the Owner. Ii Article 19. Assignment The Contractor shall not assign nor subcontract this contract in whole or ir part nor shall the Contractor assign any moneys due or to become due Contractor hereunder without the prior written consent of the Owner. Article 80. Coordination of Work The Contractor shall conduct the work hereunder so as to,cause a minimum of interference with the Owner's operation. Where interference with the Owner's operations become absolutely necessary, permission shall be requested by the Contractor not less' than seventy-two (72) hours in advance. '` Article 21. Undertakings by the Owner ! The Owner agrees to obtain and pay for any permits, licenses and ease ments required for permanent structures or changes, and, to the extent practic able without interference with operations, to furnish the Contractor, free of charge, for its use! during construction, electricity, water, steam and compress ed air required for construction purposes, at the voltage and pressure currently available at Owner's said plant, to a point adjacent to or within feet of the site, but the Contractor will be required to make the necessary connections, provide approved shut-off and safety devices and furnish and install all tempo rary lines required to bring them to the point of use. Article 22. Applicable Law "! This contract shall be construed and enforced in accordance with the laws of the state where the work hereunder is to be performed. `` ,j ' |_ Article 23.-' Entirety Clause _ . . ,, j' ;; . ' V --, ' - This contract constitutes the.entire agreement between the parties, and except as may be specifically set forth herein no changes can be'made herein except by an agreement in writing duly executed by the parties' or their duly .authorized agents. ` ... . Article 24. Additional Provisions (Add ttch additional proviaiona, i any, aa'tho particular job requiraa) ASARCO ELP 0008713 * " ** ff ^<.' IN WITNESS "WHEREOF, the parties have' executed '.this,'contract *the day i.''. .- ';. .^.and year first - above written. . SOUTHWESTERN INDUSTRIAL CONTRACTORS AND RIGGERS, mr Contractor AMERICAN SMELTING AND REFINING COMPANY Owner -s- ' 'V-: *. i V ' r . -vt - ;.V.' ?. ^4r^- ASARCO ELP 0008714 1.V..O .-'ViSih _ > , 1 v *4 I I * ' * Vri"* S\ MSURANCE.CERTIF1CA1 ,, yjr^'x` AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS':'"'; ;V. ' ; > THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED.Tp ; awittwaararii tetoatxux ttmtmm * Hwwt tm* - r''' .y"; THESE POLICIES ARE NOW IN FORCE, COVER ING WORK BY THE_ASSURED FOR AMERICAN SMELTING ANd"rEFINING COMPANY ON CONTRACT _ tail ONMi AT ______________________ W* MW BNH U* JMMK9 IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE, TEN DAYS' PRIOR WRITTEN NOTICE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELTING' AND REINING COMPANY. SAMUEL METZGER, JR., 120 BROADWAY, NEW YORK, N.Y. KIND OF INSURANCE . NUMBER DESCRIPTION OF POLICY : ^ EXPIRES , ^LIMITS OF LIABILITY':;; > m- required , MINIMUM, CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL)* BODILY.INJURY PROPERTY*DAMAGE contractor's PROTECTIVE LIABILITY BODILY.INJURY PROPERTY-DAMAGE EACH PERSON ,$ EACH ACCIDENT $ EACH ACCIDENT { $100,000 $300,000 . $ 25,000,,.. EACH PERSON $ 1^0^00 EACH ACCIDENT $ Wf*W t!;' EACH ACCIDENT 5 ' $100,000' $300,000 $ 25.000 . AUTOMOBILE BODILY.INJURY 0*-8f7 PROPERTY-DAMAGE WORKMEN'S COMPENSATION AND ut-iiHM employer's liability DATE aa, tm 6-ii-n tt*#: CITY rv.. STATE EACH PERSON $ EACH ACCIDENT $ *tW|BW EACH ACCIDENT $ 'ttatotMy each'accident S -rw-IV-. $100,000 $300,000 $ 25.000 COMPLY WITH APPLICABLE STATE LAW $ 25.000 ' ^.INSURANCE COAfANY.;'ip?-y;.--:; ''V. AUTHORIZED REPRESENTATIVE ; . .. Tka Contractor tiall tan binl^ia'ud imltuifjr tki Ontt trim ud i|iiut uy ,lo. or dlM,g, os ccomt of uy ; clain, daaand or aw-it nada by any paraoa wkonaoawar, Including uy anployaa of tka Omr( wkick is in any way cauaad by or connected with, or (rova out of tha execution aad performance of tkia eoatrect,by the,Contractor or any Subcontractor; pro-. Tided, bowerer, that tka Contractor abali not ba required to'indemnify tka Owaar againat aay^loaa cauaad aolely by negli-; geaca or willful fault of tka Owaar or ita enployeaa. Tka Contractor accepts*all riak of Injury or daaage and all raapoa- aibility for any claiaa for danages whatsoever raaultiaf frow tka use, iauee,or failure of any hoist, .rigging/ blocking, scaffolding, or otkar lika or unlika equipaent aaad by tka Contractor or any Subcontractor, even though auck equipment be , furniakad or loanad to tka Contractor or any auck Subcontractor by tkaa ^Owaar, and1 shall'indemnify, the'.Owner agains*t" *a'll auck claims* t. . *' ' ASARCO ELP 0008715 -. . r'.i',' \0vvU" THWESWiNfm^^9^: -'N^tR'AK^oNTRAciroiis'^wee^f^:-^ " Form.rlys CONSTRUCTION DIVISION, SOUTHWESTERN TRANSFER CO., INC ' . i."Vv 1730 P. O. Box 1411 El Paso, Texas 79948 1330 South 24th Plat# P. O. Box 20865 ' Phoenix, Arizona 85036 '327"' P. O. Box B057 ~p Albuquerque/New Mexico 871C (915) 532-3491 (602)273-1371 (505) 265-7691 5. September 23, 1970 American Smelting and Refining Company P. 0. Box 1111 El Paso, Texas Attn: Mr. Joe English Gentlemen: We herewith propose to construct the Switch Gear Building at 1970 Cottrell Addition in complete accordance <. oa with your Drawings EP 16694, 16695 .for the sum total, of p ^Sod------ We also include the installation of electrical conduit marked MV-1, LV-1, M-8, M~9, M-ll, M-12, M-13 and two (2) 2 inch conduit stub outs Z'" All conduits encased in concrete. This work done in accordance with your Drawing No. EP 16885. .. t-V^r frU u 2 - i' y LV 3 - % V LV I - | Very truly yours, SOUTHWESTERN INDUSTRIAL' CONTRACTORS AND RIGGERS, INC. l - S'. : ASARCO ELP 0008716 this la viw of tb fact that the orinlaid contract encompasses work In the amount of #1,130,000,00 for which it was'neaessiiixyfor them to procure a performance bond to that j^^fia`;amount. riders to be Obtained, ato. As thic ia a specific job toot related to the Cottrell' Building, the situation can beat be bandied by individual >Orlt..)U^.'.ten contract form being executed and submitted with necessary " insurance certificate# fox* #1. At this point it appears aa though bo performance bond will be required in view of monies Involved. -'We will' hold 'poor requisition' EP-ll ?hdditifiial''':in' 'abeyance until' further advised or executed contract forma arc received. ASARCO ELP 0008717 ``.iK?;. Jhi* acquisition xtpXmem* additional ardor 70-1U4-1, ASARCO ELP 0008718 Qa UtlonV^ - X,Y*.2Q9$fr iOO0 m lew! k. f >sSjj W'--i*U3ffr*' with*rd*lar ili3tottrttCJmis* ASARCO ELP 0008719 OFFICE OF THE SECRETARY New York, N.Y., December 28, 1970 Mr. W. R. Kelly A/M At a meeting of the Advisory Committee held on December 16, 1970, there was approved El Faso Plant application for property appropriation, New York No. 2212, Plant No. 552, in the amount of $6,500 for Ventilation of Wedge Roaster Building. Enel. KDLoughridge w/encl. JPHarrison w/encl. HQStringham w/encl. LCTravis EHHaug AOMarsh, Jr. M&jo YCJc'i b, IV>/ \V*I 3 ASARCO ELP 0008720 rM tot (MVIIII 141 io Approp. No............. Plant No. .552............... APPLICATION FOR PROPERTY APPROPRIATION . November. 5......... 19.70 i E\ .pa:.| Plant / IPTION: Ventilation of Calcine Haulage Floor - Wedge Roaster Building If work contemplates replacement or improvement of structures or equipment now in place, insert:-1.Original cost $....................... 2.Date erected or installed....................... Total estimated cost (FORM 302A ATTACHED) Estimated annual net saving $................................. Estimated completion date I?MOCNtTH3_1 ..r1c9*79 J.6.*.50P ADVANTAGES TO BE DERIVED: The ventilating system will precent calcine from, escaping to the atmosphere, and will allow us to get into compliance with the Texas Air Control Board regulations on particulate emissions. ASARCO ELP 0008722