Document jYROMQ9w6nb0w8kXNngmmNO5

. 'ASM Centriet $1 * iK-6/SJ INS1HICTT0NS: Attack aad forward witk Iaqviry Fore No# 352* To bo completed aad retorted eoitrtctot,i propoeel* CONTRACT FOR Pago at AMERICAN SMELTING AND REPINING COMPANY'S _______tl f>mma' at Cl Po*, Tt. Plant THIS AGREEMENT, made the 24 day of I^ovcmber , 19 53, by and between W Uhrd A fcelle Co. Inc* , whose address is >li N. Psylir 8twti tl Poo, ______________ _ (hereinafter called the "Contractor") and AMERICAN SMELTING AND REPINING COMPANY', a corporation of the State of New Jersey, whose address is 120 Broadway, New York 5, N.Y. and P, 6. Box 1111, EIPmq, Texas (hereinafter called the "Owner"). WITNESSETH: The Contractor and Owner agree as follows: Article 1. Scope of the Work The Contractor shall furnish alllabor, tools, equip ment and materials, except such items as are hereinafter listed as being furnisbe: or furnished and installed by the Owner,, for Inoelotioq for pipe oed Cottrell (hereinafter called the "work") at the p Pm# plaa' of the Owner at ^ Pmo Texas ` as shown on th>: drawings and specifications (attached heretoV (entitled i^#atTnon ib<;i furnished byCl Pm Plantana date4 Key. ^1. 19S3> and shall erect, install, and complete the work in goocj. and workmanlike manner ar.c in compliance with all applicable cedes, rul.es, regulations and ordinances. Article 2. Time of Completion The work shall be commenced Whoo work to W Uimltted ii ready and shall be substantially completed _________________ I Wr piping laiaistios will rifiiri It working days it p Aeyo per week .1 Cottrell ineolttioa wtU require SO working doyo t d^yo per week. i HER 0000060 Article 5. Payment hall pay the Contractor for the performance of this contract thL aum-of ^wn4SUHadr<i Twafr twj.......................................... ($'* **9Q ), lawful money of the United States of`America within Thirty days after satisfactory completion of the work and submission 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 have been or be filed) satisfactory to the Owner that al payrolls, material bills, and other, indebtedness connected with the work have be< paid and that the work is free of all liens and encumbrances. The Owner may withhold payment to the extent necessary to protect the Owner from loss on account of damage to the work, or to the person or property 02 the Owner, claims or- probable claims arising from damage to another contractor, or any other person, which is in any way connected with, grows out of, or. has an: thing to do with the execution and performance of this contract by the Contractoi or any subcontractor. Article 4. Liens If any lien remain unsatisfied after payment has been made, the Con tractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs apd 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 occasione thereby. Article 5. Title to the Work Title to all work completed or in the course of construction, and all tools, equipment, or materials on account of which any payment has been made, shall be in the Owner. Article 6. 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 his own expense remoire, take- down, replace and repair any materials or portions of the.work which the:Owner shall deem unsatis factory or not in conformity with this contract or specifications, 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 arbl tration in the manner hereinafter provided. Article 7. Protection of the Work The Contractor at all times shall maintain adequate protection of the work from damage and shall protect the Owner's property from injury or loss arisin in connection with this contract. If any loss or experjse to the Owner or damage to the property owned by it results-from, or in connection with, the performance of this contract by the Contractor, or any subcontractor, the Contractor shall fully indemnify the Owner. If the work is damaged in ainy manner whatsoever, it shall be repaired at the expense of the Contractor. HER 0000061 Page 3 The Contractor shall fully save harmless and Indemnify the Owner 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 connected with, grows out of or has anything to do with the ex ecution and performance of this contract on the part of the Contractor or any subcontractor; and the Contractor agrees that the Owner shall not be liable for any injury, or other loss or damage of any nature, that might be sustained by the Contractor itself or its employees or subcontractors in the execution and performance of this contract, regardless of whether such injury, loss or damage is caused in whole or in part by negligence on the part of the Owner or its employees. Article 8. Contractor's Liability Insurance The Contractor shall maintain such insurance as will protect it from claims under workmen's compensation acts and from any other claims for damages for personal injury, including death, which may arise from operations 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 for the Contractor and each subcontractor, and the Contractor and each subcontractor shall provide insurance coverage in the amounts not less than those stated in the attached form. Article 9. Compliance with Laws and Ordinances The Contractor shall give all notices and comply with all laws, ordi nances, rules and regulations. Federal, State or Municipal, bearing on the con duct of the work and the performance of this contract and shall bear all fines, penalties and losses incurred by reason of the violation of any such law, ordi nance, rule or regulation. If for any reason the contractor's or any subcon tractor's employees or agents acquire a status imposing liability on the Owner for employer's contributions or taxes under the Federal Insurance Contributions Act, the Federal U.ieroloyment 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 regula tions so as to relieve the Owner from any and all liability therefor and from the responsibility of making reports or keeping recordp with respect thereto. Article 10. Patents The Contractor shall indemnify, protect and save harmless the Owner from and against any and all claims, losses, costs, dajnages, expenses, actions, suits or other proceedings, growing out of or resulting from infringement of any patent or other similar industrial property right by the Contractor in the performance of this contract, except that this provision shall not apply to . patented articles or processes specified in drawings and specifications furnished by the Owner. Article 11. 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 should be appointed on account of | HER 0000062 i Page the Contractor'<3 insolvency, or if a trustee of his property should be appointed under the reorganization or readjustment provisions Of the Bankruptcy Act, or if the Contractor at any time should refuse or neglect to supply enough properly skilled workmen or fail to prosecute the work with diligence or in any other re spect should violate this contract, the Owner, without prejudice to any other remedy it may have, shall-be entitled upon three days' written notice to the Con tractor, to terminate the employment of the Contractor and take possession of thi work and all materials, tools and appliances on the site and finish the work by whatever method the Owner deems expedient. 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 contract price shall exceed the expense of finishing the work, including a reasonable allowance for additional managerial and adminis trative service, such excess shall he paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Article 12. Correction of Work after Payment Neither payment nor any provision in the contract shall relieve the Con' tractor of responsibility for faulty materials or workmanship and the Contractor shall remedy any defects due thereto and pay for any damage to other work result! therefrom, which shall appear within one year from the date of completion. The Owner shall give notice of observed defects with reasonable promptness. Any dis pute under this article shall be subject to arbitration as hereinafter provided. Article 13. Arbitration All questions subject to arbitration under this contract shall be sub mitted to arbitration at the choice of either party to the dispute. Unless othei wise provided by controlling statutes, there shall he one arbitrator who shall be chosen by the American Arbitration Association, whose rules shall be followed. Article 14. Assignment The Contractor shall not assign this contract nor sublet it as a whole without the written consent of the Owner, nor shall the Contractor assign any moneys due or to become due it hereunder without the prior written consent of the Owner. Article 15. Co-ordination of Work The Contractor shall conduct his work so as to cause a minimum of inter ference with Company operations. Where such becomes absolutely necessary, per mission to do so shall be requested and arrangements mjade through the Plant Engineer's office not less than seventy-two (72) hours! in advance. Article 16. By the Owner The Owner agrees to obtain and pay for any building permits required; to carry fire insurance with extended coverage fully covering the Contractor and/or his subcontractors for all material and equipment delivered for the job and for all labor and material brought into the work ap their interests may appear; and, to the extent practicable without interference with operations, to furnish the Contractor, free of charge, for its use during construction, electric Ity, water, steam and compressed air required for construction purposes, at the HER 0000063 Page 5 voltage and pressure currently available at the plant, to a point adjacent to or within ito ___ feet of the site, but the Co4tractor will be required to make the necessary connections, provide approved shi|t-off and safety devices and furnish and install all temporary lines required to bring them to the point of use. Article 17. Additional Provisions (Add such additional provision*, if any, as the particular job requires). Ppaciltcatiaa sheet a( Kmmtar 11* 1911 aad drawtag* X 10966> KP 79)2 aad CP 7976 arc hsnky mad* a part af thiia cataract. HI WITNESS WHEREOF, the parties have executed this contract the day and year first above written. 9TXLLA1U3 A. SELLS C2. INC. AMERICAN SMELTING -AND REFINING COMPANY Owner & ///j Z/xj By V director of Purchases i ! i HER 0000064 AM. CAN SMELTING AND REFINING COMP. INSURANCE-CERTIFICATE AMERICAN SMELTING AND REFINING COMPANY REQUIREMENTS FOR CONTRACTORS WORKING ON PROJECTS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED BELOW HAVE BEEN ISSUED TO ______ THESE POLICIES ARE NOW IN FORCE. COVERING WORK BY THE ASSURED FOR AMERICAN SMELTING AND REFINING COMPANY ON CONTRACT-NUMBER amg_________ 1T nuMii IF THESE POLICIES ARE CANCELLED OR CHANGED IN ANY WAY THAT WILL AFFECT THIS CERTIFICATE. TEN DAYS' PRIOR WRITTEN NOTI.CE WILL BE GIVEN BY THIS COMPANY TO AMERICAN SMELT ING AND REFINING COMPANY. SAMUEL METZGER, JR.. 120 BROADWAY, NEW YORK 5. N.Y. KIND OF INSURANCE NUMBER DESCRIPTION OF POLICY EXP 1 RES LIMITS OF LIABILITY REQU1 RED MINIMUM CONTRACTOR'S PUBLIC at amLIABILITY (COMPREHENSIVE) 4 BODILY-INJURY PROPERTY-DAMAGE CONTRACTOR'S PROTECTIVE LIABILITY BODILY-INJURY cau* cm.ism Mpft Each person $ Each accident $ Each accident $ MPOfflOflG' Each person $ 390.000. PROPERTY.DAMAGE AUTOMOBILE BODILY-INJURY ' PROPERTY.DAMAGE WORKMEN'S COMPENSATION ANO eoLksm Kumu au U%5i t zpcm Each person $ |S9O|p0OQ. 100^000,Each accident $ Each accident $ $100. 000 3300.000 $ 25.000 $100,000 $300,000 $ 25.000 $100,000 $300,000 $ 10,000 COMPLY WITH APPLICABLE STATE LAW EMPLOYER'S LIABILITY DATE 1933 Each accident $ $ 25.000 mns mr* msjn m oauuitr go. INSURANCE COMPANY 1 CITY STATE ........ .. ( "r /iS^R^PRES HER 0000065 BYJ.J. .bKtzfi/.'.'/te ...IMOT HtL./._____ OT........... CHXO. 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