Document k3ED4Y3nJ5kqdXnwjJBZQdMB

PLAINTIFF'S EXHIBIT to: approved 1 BY Op:ratine Vice Prr'c.tri<>nt Return to purchasing Department CONTRACT FOR Engineering, Architectural And/Or Consulting Services Contract Form PD-58 Revised 5/75 Order No. FRP FLUE STRUCTURAL ANALYSIS (Insert name of job) ASARCO Incorporated'sEL PASO PLANT_________________________________________ Plant at' EL PAS0, TEXAS (Insert town and state) THIS AGREEMENT, made the 30th day of APRIL ______________ , 19 81 by and between FIBERGLASS STRUCTURAL ENGINEERINGwhose address is 486 W. Lake Sanish Dr., Bellingham, WA 98225 (hereinafter called the "ENGINEER") and ASARCO Incorporated, a corporation of the State of New Jersey, whose address is 120 Broadway, New York, N.Y. 10005 and P. O. Box 1111, El Paso, Texas 79999____________________________________ (Insert address of plant or unit) (hereinafter called the "Owner"). WITNESSETH: The Engineer and the Owner agree as follows: Article 1. Scope of Work The Engineer shall furnish and perform the various services required for conducting an FRP flue structural analysis at the Asarco El Paso Plant. _______________________________________________________________ as outlined in the specifications listed below. Any attachments, referred to are incorporate* herein by reference and made a part hereof. Specifications dated April 3, 1981, Exhibit "A". \ ASARCO ELP 0007374 -2 - Article 2. Time of Completion The services outlined above shall be commenced on or about and shall be completed on or about June 15, 1981.____________ May 1, 1981 Article 3. The Contract Price In consideration of the performance of the Contract, the Owner agrees to reimburse the Engineer as follows: Engineer's fee in the amount of Sfor performance of work plus the reimbursable costs specified as follows: As outlined in Revised Appendix "A". r ASARCO ELP 0007375 3- \. Article* 4. 'Progress Payments (If Specified under Article 3) The Owner shall make payments'on account of this Contract as follows: (a) As early as possible after the first day of each calendar month Commencing with May19jL3-the Engineer shall present to the Owner * statement, on forms provided or approved by the Owner, of all reimbursable costs incurred during the preceding month. This statement shall be accompan ied by copies of supposing invoices and such copies of payrolls, or total ization and distribution of same, as may bo required, lists of plant and equip ment used with rates for same, together with any other information as the Owner may require to allow it to verify the accuracy of the statement. As soon as practicable after receipt, cf such statement and upon verification thereof the Owner shall p.tv 100 ^ of such amount to the Engineer. Artiele S . a n d Final Pa vment fa) Upon receipt of written notice in the form of a final certificate from the Engineer that the work is ready for final inspection and acceptance the Owner shall promptly make such inspection, and if and when it finds the work acceptable under the Contract and that the work provided for in this Contract has been completed, the entire balance due the Engineer, including the amount of his fee. shall be paid by the Owner to the Engineer within 30 days after the date of acceptance of the work by the Owner. (b) Before issuance of the final certificate, the Engineer shall submit evidence satisfactotv to the Owner that all payrolls, material bills, and other indebtedness connected with the work have been paid, and that the work is free of all 1 iens ana encumbrances. In case of disputed indebtedness or liens the Engineer may submit, in lieu of evidence of payment, a surety bond in form sat isfactory to the Owner, guaranteeing payment of all such disputed amounts. Article 6. Insurance The Engineer shall maintain such insurance as will indemnify it against claims made under Workmen's Compensation Acts and against any other claims for damages for personal injjry. including death, which may arise from operations under this contract, whether such operations be by the Engineer or any of its subcontractors or anvone directly or indirectly .employed by either of them. Prior to commencement of this work the Engineer shall file with the Owner completed certificates of insurance in the form of the "Insurance Certificate" attached and shall provide insurance coverage in amounts not less than those stated herein with companies acceptable to the Owner. ___ __ i It is undeTsToo^--Engineer will maintain insurance coverage m sucti--afltoimts and for such periods as are~~su~f-f-ic-i_en t to protect Owner^Xtoer'Snyii abi li ty as S result of the professional errors and/or^5Bi=s-8=aigS~~oT the insured (Engineers/ Architects) or any person emj3jjay-e-d'"by''"The insured. an3~~w-i-i-l--urnish evidence of the same to Ov Article 7 - Technical Information The Term 'technical information'' as used in this agreement includes but is not limited to technical data, reports, models, drawings, specifications, operating manuals, designs, computations, formulas, apparatus, processes, pat- \ ASARCO ELP 0007376 -* 'eatable or unpatentable inventions and other engineering data. You agree to accept Asarco's decisions as to whether any particular information is technical information or is technical information which has been made or conceived under ; this agreement. Ic is understood that in the course of your performance hereunder you may learn or have access to technical information of Asarco, You agree chat you and your personnel will keep in confidence all such technical information of Asarco . and that you and your personnel will not use or disclose the same without Asarco's written consent, either during the term of this agreement or at any time thereafter You agree to disclose to Asarco all technical information made or conceive by you or your personnel in performance, or resulting from performance, under this agreement. You agree that all such technical information made or conceived ' by you or your personnel shall become and remain the free and unrestricted'property of Asarco and that you shall assign or cause the same to be assigned to Asarco. You agree that you and your personnel will keep in confidence all such technical information made or conceived by you or your personnel and that you and your personnel will not use or disclose the same without Asarco's written consent, either during the term of this agreement or at any time thereafter. * You agree, upon the request and at the expense of Asarco, to make or cause your personnel to make applications for Letters Patent in such countries as Asarco may designate on those of the aforesaid assigned inventions which Asarco believes to be patentable; and to assign all such applications to Asarco cr its order; and to give Asarco, its attorneys and solicitors all reasonable assistance in preparing such applications, and in prosecuting such applications in the patent office or offices involved and in defending and enforcing any patent that may be issued upon any such application; and to execute all papers that may be reasonably required in the prosecution of such applications or to vest in Asarco or its assigr said inventions, applications and Letters Patent. Article 8'. Status of Engineer and its Personnel It is understood and agreed that the status of the Engineer hereunder is that of an independent contractor, that the personnel of the Engineer perform ing -services or work hereunder shall under no circumstances be deemed to be employees of the Owner, and that any workmen's Compensation Insurance coverage for such personnel will be the sole responsibility of the Engineer. Notwith standing the aforesaid understanding, the general instructions of the Ovr.er in connection with accomplishing the work to be done hereunder shall be followed by the personnel of the Engineer. During tenure of contract. Owner shall have prerogative to request char.gt In personnel of Engineer's employees assigned to this work when in the opinion ' of the Owner their work is not conducive to required scope of work. Article 9. Compliance with Laws and Ordinances If for any reason the Engineer's or any of its Subcontractor's employees or agents acquire a status imposing liability on the Owner for employer's con tributions or taxes under the Federal Insurance Contribution Act, the Federal Unemployment Tax Act, any State Unemployment Tax Act, or any other Act, Statue or Regulation thereunder, the Engineer shall be exclusively liable for, and shall indemnify the Owner against, the same and it agrees to comply with all such laws and regulations so as to relieve the Owner from any and all liability theretor and from the responsibility of making reports or keeping records wicn respect thereto. '* ASARCO ELP 0007377 Article 10. Owner's Ptwht to Terminate Contract If the Engineer should commit an act of bankruptcy, or make an assignment for the benefit of creditors, or if a receiver of the Engineer's property should be appointed, or if the Engineer should file a voluntary petition in bankruptcy, qr if a trustee of the Engineer's property should be appointed under the re organization or readjustment provisions of the Bankruptcy Act, or if the Engin eer at anv time should refuse or neglect to supply sufficient properly skilled personnel, or if he should fail to make prompt payments to subcontractors, or disregard applicable laws or ordinances or the instructions of the Owner, or should he otherwise violate any provision of the contract and fail to correct such violation promptly after service of written notice thereof bv the Owner, then the Owner may. without prejudice to any of its other rights or remedy in the premises, terminate the employment of the Engineer, take possession of drawings, specifications.- surveys, models, etc. and finish the work by whatever method the Owner may deem expedient. Article 11. Arbitration In case of any dispute or difference which may arise as to whether the work done hereunder shall fail to complv with the plans and specifications or with any of the provisioas of this contract, such dispute or difference and the question of full performance of the Engineer of the obligations herein imposed shall be submit ten to a board or arbitration to be selected in the following manner: Unless otheiwise provided by law. the parties may agree upon one arbitrator: otherwise, there shall be three, one named in writing by each party, and the third chosen bv these arbitrators. Provided, however, that if either of the parties hereto shall fail to name an arbitrator within ten llO) days after bring requested in writing to do so by the other, the arbi trator so named bv the latter shall be and act as the sole arbitrator; and provided further, that in the event each of the parties names an arbi trator but the arbitrator so selected shall fail to select a third within ten (10) days, then he shall be designated by the presiding officer of the Bar Assoriation nearest the location of the work. l there be more than one Bar Association in such locality, it shall be the senior associa tion or the one longesc established. The decision of the arbitrator or arbitrators shall be in writing and shall be final. Article 1?. Subcontracts The Engineer will not employ any Subcontractor without the prior written approval of the Owner and the Engineer will require each such Subcontractor to execute a contract in writing containing provisions similar to all provisions of this contract which are m any way applicable to such Subcontractor and which will obligate such Subcontracto'r to comply with and perform al1 such pre visions. Nothing herein shall be deemed to create a contractual relationship, between any such Subcontractor and the Owner. Article 13, Assignment The Engineer shall not assign or sublet this contract in whole or in part nor shall the Engineer assign any moneys due or to become due i thereunder with out the prior written consent of the Owner. ASARCO ELP 0007378 6 Article 14. 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. Article 15. Entirety Clause This contract constitutes the entire agreement between the parties, and except as may be specifically set forth herein no changes can be made except by an agr eenent in writing duly executed by the parties or their duly author ized agents. Article 16. Additional Provisions (Add such additional provisions, if any, as the particular job required.) Specifications dated April 3, 1981 by Asarco's Central Engineering Dept, and Fiberglass Structural Engineering Proposal dated April 21, 1981 are part of this contract, being Exhibits "A" and "B,! respectively. Fiberglass Structural Engineering Engineer By Rr --------Purchasing Agent Title------------------------------------- ------- ASARCO ELP 0007379 Appendix "A" To Contr*et Form PD-S8 "Reimbursable costs" shall be the sum of the costs to the Engineer of the owing items: A. 1. Direct cost of current actual salaries for all Engineer's/employ ees who actually contribute tine to the project in propdrtion to the time they devote to it. These salaries are to be An accord ance with the hourly wage rates shown on Exhibit "Q/ attached. In addition to the direct salaries, Engineer will paid ^percent (fc) of such salaries to cover all/jfTinge benefits include payroll taxes and insurance, vacation, sick leave and holiday allowances. The total\for Item A will be the direct sala (To) fo\ fringe benefits percent B. Overhead as percent (. i) of the Cota/ of Item A above. C. Actual cost of a\l out-of-pocket expenses incurred bv Engineer in the performance of tn/s work which will include: Actual traveling and, living expenses for all personnel when required to leave the District\0ffice on du11eydi rec11 y applicable to the job. Telephone, telegraph, o tfi c e equ i pme'nt and supp 1 i es blueprints, \ /and other ninor expenses'directly/applicable to the Job. . Required inspection and testing. postage No salaries of the Engineer'^ Executive officers, including and above General Manager, and no parvoftrve expenses of conducting the Contract or's Main Office or regulaf'rly established Branch Offices, and no over head expenses of any kin</. except\s above provided, snail be included in the cost of the Joh/unless otherwise expressly provided herein. D. It is agreed that the Engineer's "Reimbursable Cost" shall be increased or decreased, as the case nay be, by\an amount equal to the total effect of the foj/lowing: Routine cha/ges in salary and wage rate^ and any statutory changes in payro/Z taxes. Extra cdst of any premium time, orovertimeXjn excess of the regu lar wj/rk week, plus;,S for fringes affe^ed by the extra cost on such premium time or overtime. Ail overtime must be first ap proved by the Owner. ASARCO ELP 0007380 REVISED APPENDIX "A" TO CONTRACT PD-58 The costs for the scope of work covered by this contract shall be governed by the Proposal, Exhi bit "B" from Fiberglass Structural Engineering dated April 21, 1981, and shall not exceed $16,000, the final cost being a function of actual -time spent on Phases I, II and III. More specifically costs cover:. Phase I Preliminary Design Review Phase II Field Investigation Phase III Anaylsis and Final Report This contract is considered to be essentially a time and expenses contract as indicated in Exhibit "B". The not-to-exceed limit of $16,000 is a constraint levied solely in the interest of monitoring costs and is not to be construed as requiring full performance of the scope of work within this price. If necessary to complete the scope of work, performance beyond the $16,000 limit will be charged in accordance with the schedule of rates (Exhibit "B") and shall then be constrained to a new upper limit as mutually agreed by Owner and Engineer. ASARCO ELP 0007381 EXHIBIT "A" SPECIFICATIONS FOR FRP FLUE STRUCTURAL ANALYSIS EL PASO PLANT Prepared by: Central Engineering Department Salt Lake City, Utah Job: EA-26-EP N.Y. 3954 Plant: 623 Date: April 3, 1981 By A. O. MARSH, /JR Chief Design' Engineer ASARCO ELP 0007382 CONTENTS 1.0 GENERAL 2.0 SCOPE OF WORK - ENGINEERING REVIEW 3.0 ENGINEERING DATA FOR REVIEW 4.0 PROPOSAL 5.0 ASARCO PD-58 CONTRACT & INSURANCE FORM 6.0 SPECIFICATION 4.4 7.0 REFERENCE DRAWINGS FOR STUDY - LIST DRAWINGS SENT UNDER SEPARATE COVER ASARCO ELP 0007383 SPECIFICATIONS FOR FRP FLUE STRUCTURAL ANALYSIS EL PASO PLANT 1.0 GENERAL The purpose of this specification is to outline the necessary work to be performed to determine the condi tion of the existing FRP flue systems at the El Paso Plant using information furnished by Asarco and on-site investigation of the installation. 2.0 SCOPE OF WORK - ENGINEERING CONTRACTOR The Engineering Contractor shall perform the following work under the direction of the Asarco Chief Design Engi neer : 2.1 Using test samples taken from the flues at El Paso, complete tests will be run to determine exact con struction details used to develop the system/s. 2.2 Determination of effectiveness of the resin used, provisions for corrosion as specified. 2.3 Check on additives used for fire retardancy, ultra violet barrier and protective coating used. 2.4 Check of structural integrity of system "as instal led" using criteria given under Section 3.0, Engi neering Data for Review. 2.5 Preparation of a final report and recommendations. ASARCO ELP 0007384 FRP Flue Structural Analysis Specs EA-26-EP 2 3.0 ENGINEERING DATA FOR REVIEW 3.1 Site elevation: 3800 ft. above S.L. 3.2 Ambient temperature range: 25F. to 105F. 3.3 Atmospheric conditions: bright sunlight 3.4 Gas temperatures in flue: 135-160F SAT. 3.5 Gas anaylsis - dust in flue: Test % Run SCO2 Pb 13.8 Cu 0.26 Zn 0.79 Percent by weight T1 0.35 Cd 1.77 Cl 4.4 FI <0.1 As 1.47 3.6 Gaseous Components % # /hr Pb 2.67 Cu 0.06 Zn 0.15 T1 <0.1 Cd 0.06 Cl <4.6 FI 6.9 As 13.4 ASARCO ELP 0007385 FRP Flue Structural Analysis Specs EA-26-EP __________ 3. 3.7 Assume flue cross-section filled to a depth of 1' -6" with wet dust - density 147#/ft^ maximum. See cross section sketch. 3.8 Gas Grade - % SC^ by Volume Roaster gas Sinter gas 3.0/3.5% 4.5/5.01 3.9 Flue Volumes - Maximum Condition Roaster 30,000 SCFM @ 32F. - 14.7 psi . Sinter 56,000 SCFM @ 32F. - 14.7 psi 4.0 PROPOSAL Upon review of the required "Scope of Work" the Engineer ing Contractor is requested to submit his proposal for performance of the services outlining his intended pro cedures and costs for same, including an estimated time schedule through development of the final report. The proposal shall be submitted as follows: Original to: Mr. W. A. Bennis, V.P. Purchasing ASARCO Incorporated 120 Broadway New York, New York 10271 ASARCO ELP 0007386 FRP Flue Structural Analysis Specs EA-26-EP Copies to; Mr. W. T. Sweat, V.P. Engineering Mr. A. 0. Marsh, Jr., Chief Design Engineer c/o ASARCO Incorporated 500 Crandall Building Salt Lake City, Utah 84101 Mr. W. R. Kelly, Manager ASARCO Incorporated P. O. Box 1111 El Paso, TX 79999 4. 5.0 ASARCO PD-58 CONTRACT & INSURANCE FORM The Engineering Contractor will be required to sign the Asarco PD-58 form, copy attached, also providing neces sary insurnace coverage as outlined to cover personnel on the Asarco premises as required for investigation. 6.0 SPECIFICATION 4.4 This general specification was used in conjunction with the Asarco drawings listed to bid and fabricate all FRP flues, etc. at El Paso. It is included for review and listing of operating conditions for each area. 7.0 REFERENCE DRAWINGS FOR STUDY The listed drawings show all design details used for El Paso. These drawings are being sent under separate cover. ASARCO ELP 0007387 FRP Flue Structural Analysis Specs EA-26-EP DRAWING LIST EP-23402-1101-G EP-23403-1101-G EP-23592-907-G EP-23613-907-M EP-23614-907-M EP-23615-907-M EP-23616-907-M EP-23617-907-M EP-23618-907-M EP-23619-907-M EP-23620-907-M EP-23621-907-M EP-23622-907-M EP-23623-907-M EP-23624-907-M EP-23629-907-M EP-23630-907-M EP-23631-907-M EP-23675-904-G EP-23676-904-G EP-23724-907-G EP-23725-907-G EP-23744-907-M EP-23745-907-M EP-23746-907-M EP-2374 7-907-M EP-23749-907-M EP-23750-907-M EP-23751-907-M EP-23752-907-M EP-23755-907-G EP-23761-907-M EP-23762-907-M EP-23763-907-M EP-23764-907-M EP-23765-907-M EP-23781-905-G EP-23782-905-G EP-24149-907-M EP-24150-907-M EP-24151-907-M EP-24152-907-M EP-24153-907-M EP-24154-907-M EP-24155-907-M EP-24156-907-M EP-24157-907-M EP-24158-907-M EP-26907-907-M 5 ASARCO ELP 0007388 SPECIFICATION 4.4 FOR FRP FLUES AND TANKS Prepared by: ASARCO Incorporated Central Engineering Department Design Section Salt Lake City, Utah EA-26-EP Plant: 623 N.Y. 3954 Date: November 15, 1976 ASARCO ELP 0007389 SPECIFICATION 4.4 FOR FRP FLUES AND TANKS 1.0 SCOPE These specifications cover furnishing all the necessarylabor, supervision and materials to fabricate and deliver fiberglass reinforced polyester flue sections for a flue system, jug dampers, and FRP tanks complete with gaskets, inlets, outlets, etc., as outlined below and as shown on related detail drawings. Structural supports will be by others. 2.0 MATERIAL SPECIFICATIONS 2.1 All flues, jug dampers, and tanks to be fiberglass reinforced polyester and manufactured in accor dance with NBS Voluntary Product Standard PS-15-69 in-so-far as practical for tolerances, fabrica tion and construction techniques. Wherever a difference exists between the specification and the purchaser's drawing, the^ drawing should govern. 2.2 Minimum thickness of flues and tanks to be 3/8". 2.3 The polyester resins shall be Dow Chemical Company Derakane 510A, or approved equivalent, with 3% antimony oxide or 5% zinc borate content. ASARCO ELP 0007390 Specs, for FRP Flues and Tanks 2. Rev. 3-14 2.4 Reinforcement shall include 10 mil Pellon veil inner liner (approximately 95% resin). Ninety mil of random glass fiber completely saturated with resin (approximately 75/25% resin to glass ratio), and the remainder of the specified thickness of alter nate layers of circumference wound continuous glass fibers and random glass fibers (approximately 65/25% resin to glass fiber). No outer layer shall be random glass fiber. 2.5 The exterior surface shall have a 5 mils minimum coating of an ultraviolet barrier. 2.6 All flanges, on flues shall be full faced reinforced type with minimum thickness 3/4". Flange bolts to be torqued to 30 ft. lbs. Gaskets to be Nordel rubber, 40 Durometer, ASTM-2000-BA-415. Thickness as specified. (SeePg. 7 for supplier's address.) 2.7 Flues to have stiffener ribs spaced for service in section 3.0. 2.8 Flat metal washers shall be used under all nut and bolt heads against FRP flanges. Bolts, nuts and washers to be 304 stainless steel. I 3.0 FLUE SERVICES 3.1 Area 2-04 ASARCO ELP 0007391 Specs., for FRP Flues and Tanks 3 3.1.1 Flue will be handling moist cleaning plant gases containing 3 to 5% S02 at a working pressure of (+)2" H^O and temperature of 142F. 3. 2 Area 2-09 3.2.1 Flue will be handling cleaning plant gases containing 3 to 5% S02 at a working pressure of (-)8" H^O and temperature of 90F. 3.3 Area 2-10 3.3.1 Flues will be handling moist cleaning plant gases containing 3 to 5% SC>2 at a working pressure of 0.0" H^O and temperature of 126F. 3.4 Area 2-15 3.4.1 Flues-and jug dampers will be handling moist cleaning plant gases containing 3 to 5% SC>2 at a working pressure of (-) 20" HjO and temperature of 90F. 4.0 TANK SERVICES 4.1 All tanks will contain water saturated with SO^ that contains about 1.5% sulfuric acid, 46 mg/1 of fluo rides, 214 mg/1 of chlorides and about 2000 mg/1 of ASARCO ELP 0007392 Specs, for FRP Flues and Tanks 4. precipitated fumes and mechanical solids scrubbed from gases that have been through a'venturi scrubber or an electrostatic precipitator.' Specific gravity of liquid is 1.15. Maximum temperature 140F. 4.2 Specific Designs 4.2.1 Sinter Machine Venturi Scrubber Blowdown Tank. Equipment No. 90319. Area 2-03. Number required 1 Capacity 1700 Gal. Temperature 132F. Drawing No. EP-24111-903-M, MK-24111-A 4.2.2 Roaster Venturi Scrubber Blowdown Tank. Equipment No. 90339. Area 2-07. Number required 1 Capacity 1700 Gal. Temperature 134F. Drawing No. EP-24111-903-M, MK-24111-A 4.2.3 Scrubber Blowdown Tank. Equipment No. 90370. Area 2-13. Number required Capacity Temperature Drawing No. 1 1700 Gal. 90F. EP--24111--903-M, MK-24111-A 4.2.4 Stripping Tower Pump Tank. ASARCO ELP 0007393 Specs, for FRP Flues and Tanks 5. Equipment No. 90605. Area 2-07. Number required 1 Capacity 1100 Gal. Temperature 100F. Drawing No. EP--24133-208-M, MK-24133-C 4.2.5 Neutralizing Tanks. Equipment No's. 20804 and 20805. Area 2-14. Number required 2 Capacity 470 Gal. Temperature 82F. Drawing No. EP-24135-208-M, MK-24135-A&B 4. 2.6 Surge Tank. Equipment No. 20801. Area 2-14. Number required 1 Capacity 30,000 Gal. Temperature 95F. Drawing No. EP--24131-208-M, MK--24131-A 4.2.7 Neutralized Solution Tank. Equipment No. 20802. Area 2-14. Number required 1 Capacity 30,000 Gal. Temperature 80F. Drawing No. EP-24131-208-M, MK-24131--B ASARCO ELP 0007394 Specs., for FRP Flues and Tanks 6 4.2.8 Surge Tank Pump Tank. Equipment No. 20803. Area 2-14. Number required 1 Capacity . 50,000 Gal. Temperature '90F. Drawing No. EP-24132-208-M,' MK-2413 2-A 4.2.9 Cottrell Plant Neutralized Solution Tank. Equipment No. 20806. Area 2-14. Number required 1 Capacity 1,000 Gal. Temperature 90F. Drawing No. EP-24134-208-M., MK-24134-A 5.0 CONSTRUCTION 5.1 Flues, jug dampers, and tanks to be fabricated as shown on Asarco's drawings. This to include all tank supports, support rings, flanges and associated pieces. Any deviation from these details must be approved by Asarco before fabrication. 5. 2 Flue construction may be contact molded or hand lay-up filament wound type. Construction shall re quire prior approval by Asarco with submittal of , fabrication details, etc. 5.3 Field joint construction, shipping length, etc., shall be the responsibility of the Contractor. He ASARCO ELP 0007395 Specs,, for FRP Flues and Tanks 7 shall verify Asarco's designs for service noted in specified areas relative to stiffener rings, wall thickness, saddle designs, etc. 6.0 PRATONG LIST The general arrangement drawings and detail drawings on Appendix "A" give the scope of the flue system to be provided as well as tank details. Nordel is a Dupont product available from West American Rubber Company, 750 North Main St., Orange, California 92668. ASARCO ELP 0007396 APPENDIX "A11 DRAWING LIST Area 2-04 Sinter Machine Flue to Gas Cleaning. Drawing No. Description EP-23592-907-G Gen. Arrg't. Plan & Elevation. EP-23613-907-M 76" FRP Flue Assembly from Towers F.S.-5 to F.S.-9. EP-23614-907-M 76" FRP Flue Assembly from Towers F.S.-9 to F.S.--13. EP-23615-907-M 76" FRP Flue Assembly from Towers F.S.-13 to F.S.--17. EP-23616-907-M 76" FRP Flue Assembly from Towers F.S.-17 to F.S.-20. EP-23617-907-M 76" FRP Flue Assembly from Towers F.S.-20 to F.S.-23. EP--23618-907-M 76" FRP Flue Assembly from Towers F.S.-23 to F.S.-27. EP-23619-907-M 76" FRP Flue Assembly from Towers F.S.-27 to F.S.-31. EP--23620-907-M 76" FRP Flue Assembly from Towers F.S.-31 to F.S.-35. EP--23621--907-M 76" FRP Flue Assembly from Towers F.S.-35 to F.S.-36. EP-23622-907-M 96" dia. and 76" dia. FRP Flue Assembly from Towers F.S.-36 to F.S.-37. EP-23623-907-M 96" dia. FRP Flue Assembly from Towers F.S.-37 to F.S.-38. ASARCO ELP 0007397 Appendix "A" 2 Drawing Nol EP-23624-907-M EP-23625-907-M EP-23626-907-M EP-23627-907-M EP-23628-907-M EP-23629-907-M EP--23631-907-M Description 96" I.D. FRP Flue Details. 76" I.D. FRP Flue Assembly Tower. 76" I.D. FRP Flue Assembly Tower F.S.-l & -50. 76" I.D. FRP Flue Details. 76" FRP Elbow Detail. 76" FRP Tabulated Flue Details. 76" I.D. FRP Flue Details. Area 2-07 Roaster Cottrell Venturi Scrubber System Drawing No. Description EP-23675-904-G Gen. Arrgt., Plan & Elevation. EP-23685-907-M 65" FRP Flue Assembly. EP-23686-904-G General Arrangement, Elevations. Area 2-09 Converter Gas Handling Changes Drawing No. Description EP-23724-907-G Converter Gas Bypass Flue, Gen. Arrgt., Plan. EP-237 25-907-G Conv. Gas Bypass Flue, Gen. Arrgt., Elevation. EP-23744-907-M Conv. Gas Bypass Flue Assy. Supports 5 to flue end. EP-23745-907-M Conv. Gas Bypass Flue Assy. F;S.-47 & F.S.-48. EP-23746-907-M Conv. Gas Bypass Flue Assy, F.S.-46 to F.S.-47. ASARCO ELP 0007398 Appendix "A" 3 1 Drawing No. Description EP-23747-907-M Conv. Gas Bypass Flue Assy. F.S.-46. EP--23748-907-M Conv. Gas Bypass Flue Assy. F.S.-45 to F.S.-46. EP-23749-907-M Conv. Gas Bypass Flue Details. EP-23750-907-M Conv. Gas Bypass Flue Details. EP-23752-907-M 72" Venturi Details. Area 2-10 Flue System to Gas Cleaning Plant Drawing No. Description EP--23755-907-G Gen. Arrgt. Plan & Elevation. EP-23761-907-M Flue to Packed Scrubber Assembly .Towers F.S.-38 to F.S.-39. EP-2376 2-907-M Flue to Packed Scrubber Assembly Towers F.S.-39 to F.S.-42. EP-23763-907-M 96" Venturi Details. EP--23764-907-M Flue to Packed Scrubber Details. Area 2-12 Gas Cleaning Plant Mist Precipitators Drawing No. Description EP-23.781-905-G General Arrangement, Plan, EP--23782-905-G General Arrangement Elevation, EP-24149-905-M Mist Precipitator, Flues, Dampers, Etc., Assembly. (v ASARCO ELP 0007399 Appendix "A" 4 Area 2-14 Water Treatment System Drawing No. Description EP-24111-903-M Blowdown Pump Tank. EP--24131-208-M Surge & Neutralized Solution Tanks. EP--24132-208-M 10' dia. Pump Tank. EP-24133-208-M Stripping Tower Pump Tank. EP-24134-208-M Neutralized Solution Tank. EP-24135-208-M Neutralizing Tanks. Area 2-15 Gas Cleaning Plant- Flues, Dampers, Etc. Drawing No. Description EP-24151-907-M Mist Precip. Flues - Details. EP--24152-907-M Mist Precip. Flue Details. EP-24153-907-M Mist Precip. Header Assembly. EP-24154-907-M Mist Precip. Header Details. EP--24155-907-M Jug Damper Assembly. EP-24156-907-M 100" Flue to Acid Plant Assembly. EP-24157-907-M 100" Flue to Acid Plant Details. EP-24158-907-M Flue Hangers Assembly & Details.. ASARCO ELP 0007400 EXHIBIT "B" 486 VV. Lake Samish Drive / Bellingham, VVA 98225 / Telephone (206) 734-7040 April 21, 1981 Mr. W. A. Bennis, V.P. Purchasing ASARCO Incorporated 120 Broadway New York, New York 10271 Gentlemen: FRP Flue Structural Analysis El Paso Plant ASARCO Job EA-26-EP We appreciate this opportunity to submit our proposal for work to be per formed in determining the condition of the existing FRP flue systems at your El Paso plant. We will provide engineering services to accomplish the Scope of Work as out lined in your inquiry of April 3. However, it is questionable at this time as to whether or not tests are available to determine the items noted in sec tion 2.3. The extent of testing generally will be determined by the data re quirements needed to complete the analysis. Involvement by Fiberglass Structural Engineering, Inc. would be divided into three phases, as follows: I) A preliminary design review would include project familiarization, study of construction details and laminates, and a preliminary structural analysis. The purpose of this preliminary review would be to determine potential problem areas in the system and establish a plan for data acquisition in the field. II) An inspection visit to the El Paso Plant would be required to ob tain detailed information regarding the FRP construction. Data would be taken as required for further analysis in the form of samples, photography, notes and measurements in each specific area of interest. A general overview of all FRP equipment would also be accomplished to discover any unanticipated problem areas. Ill) The final phase of involvement would be a detailed analysis of the system as it exists. Our report would discuss each area of con cern, and identify calculated safety factors for each. Recommendations would describe the general nature of repair sug gested for each area, if any, but would not give a detailed estimate or specification of the repair. Since the extent of problems requiring analysis cannot be anticipated at this time, we propose to provide the work on a time and expenses basis, to be charged at the following rates. Consultant Project Engineer $60/hour 42/hour ASARCO ELP 0007401 Mr. Bennis -2- April 21, 1981 Inspector Test Engineer Design Engineer Engineering Aide AE Equipment $42/hour 42/hour 38/hour 28/hour 80/hour Expenses (including day coach air travel, car rental, motel, etc.) are billed at cost with'meals being billed at a per diem rate. We have estimated our involvement for the work described in the three phases for purposes of budgeting at this time. These are target figures which we are reasonably confident will be sufficient to complete the analysis. Phase I - Preliminary Design Review: Five days for Design Engineer, plus one day for Consultant, or approximately................................................... $2000. Phase II - Field Investigation: Three field days plus travel time and expenses for Consultant and either Design Engineer or Inspector, or approximately................................................... $7000. Phase III - Analysis and Final Report: 14 days Design Engineer or Project Engineer, plus 5 days Consultant, or approximately................. .... $7000. Total Phases I, II, and III................................................................ $16,000. It appears at this time that our work could begin on this project by the week of May 4, 1981, but schedules are subject to prior committment. For planning purposes, the following durations may be used: Phase I - 1 to 2 weeks Phase II - 1 week Phase III - 3 to 4 weeks If necessary, we would be willing to set forth a more detailed schedule at the time of contract agreement. We hope this proposal is responsive to your needs at this time. Please contact the undersigned if you require further information. Regards, FIBERGLASS STRUCTURAL ENGINEERING^INC. KWS:bb 6U. Kyle W. Schmidt Project Manaoer cc: Mr. W. T. Sweat, V.P. Engineering COPYMr. A. 0. Marsh. Jr.. Chief Design Engineer Mr. W. R. Kelly, Manager ASARCO ELP 0007402 r. ro*M * INSURANCE-I Re 4 ASARCO. Incorporated RE0U1 REME.NTS FOR CONTRACTORS AND SUBCONTRACTOR-. * <* m mxjnAnv_c.i_c^ 11.- i>.a t * H? This IS to CERTIFY THAT the policies of INSURANCE described belo* have be eh issued to THEJiF. POLICIES AKE MOV tN FORCE. COVERING WORK BY THE ASSURED FOR ASARCO. Incorpo r. ted OH CONTRACT______________________________________ ____ --------------------------------------------------------------- ------------------------------- AT _________.___ --------------------------- -- -------- -------------------------------------------------------------------------------------------------------------------- ----- |F THESE POLICIES Ar CANCELLED OR CHANGED IN ANY way THAT WILL AFFECT THIS CERTIFICATE. TEN OATS* PRIOR WRITTEN NOTICE WILL BE GIVEN av THIS COMPANY TO ASARCO.Incorpore ted, ATTN________________ --PLANT MAN All! R K|ND OF INSURANCE N0W6CB CSSC9tTICN Cp *0L1CY EXPIRES LIMITS OF LIABILITY 9EC'J I9ED MINI UtjU CONTRACTOR'S '_8LIC LIA8IL1TY (CC.w = E-ENSI v INCLUOING CONTRACTUAL 1 * BOO ILY-INJURY RROERTy. cama'.C CONTRACTOR PROTECTIVE LIABILITY FAfH Of.f.t HRF.VF E Af H Of I 1 PStM F. $300,000 S 25.0CG B00lLy-INJURY *#0*ftTV EACH or.lt SRENCF I hi ll ilt.i L KKtNl f . S $300. COO $ 05.COO AUTOMOBILE 800 ILY- INJURY PROPERTY.CAMAGE C*XWN`S CCSSATICH AKO EA^LOYCR'S LIABILITY . EACH PERSON J EACH OCCLRRENCE S EACH OCCURRENCE S EACH Oi Cl HHf.srt" $ 5100. CCO $300,000 $ 25.0C0 CCMPLY w ITH APPLICABLE STATE LAe $ 25.000 O- AT -i .. ----- , --------- - -- . INSURANCE COMPANY city STATE AUTHORIZED REPRESENTATIVE Tie Ceatraccer ikill <nt Atrolaa* ill iiIim.It the Owner froo n< ttaitat r eipeeie. leet er <ui|i e> ictmH ef aay eleio. taaaftA or amt etea At ant ptrtoh ehaaaoetar. ihciwdihj tit eeploteo o( tha Oeaar. eaicA ta ll, cat ter cteted AT or emooctoe eith. or (roee oet of tho oaacwtion aae paafcreahco of ill* contract At the Contractor er tot S.ocoatrtctor; Pto- tided. Aeee*er. thet the Centraetcf anail hot Oe rerarta Co inatenaft tho Gwnor tfaaaat eat aoaa cawate aoiair "at aafil* {otco or eillful faalt o! the Owner er ita eeo.oteea* TVe Contractor eccepta all rut of lajert or ni{a nl, til fttpoaeiVilltt for itt claiea for Tiiirii ehateetar rtaeitiap iroo tho .n, aiaeao. or failero of aay Anaat. fuim, S*3C,),I* CCtffoIfaaf, of otaar itaa ar tailli at'.tpaaat e te< At tha Ceatrectof ar aay Swbaaatractar, atea taaufh ceca if. laaeataa faraiahat er loaaat to tee Caatrecter ar aay t.t> Seacaatrtctor At tha Oe-** **4 aaall ittaaaifj tha Owner tfiiaai aii etcA claiaa. ASARCO ELP 0007403 m ccora .-?>> .' .-'-' ' \:::&jizi I..'-.."/ ,:k^. eftificatepTInsurah ^.y7TX7?:-y.^,7.?iTT7TTT?T^'T7i-r?fi5rSW frr7i^',niiF^^V%'g ^ r'i^HDXSUTffHUTEDOES'^DT-WilEND. tXTEND OR 1U.TER WE COVERAGE TKPFORb fbY.3HE*0UCtES^ttSTED JBElDW'^aSb t.'AND ADDRESS OF AGENCY |/\Rogers, Fitzwalter & Powell *. COMPANIES AFFORDING COVERAGES y.1200 S. W. Main Portland, OR 97205 Altterny Aetna Casualty & Surety Company COMPANY O LETTER D RENAME AND ADDRESS OF INSURED -.'imiston J." Renoud, P. E. dba: : * `F.ibergl ass-Structural Engineering . ,;'486 West Lake Samish Drive "'.Bellingham,. WA 98225- COMPANY LETTER COMPANY LETTER COMPANY LETTER 'This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. .COMPANY - `LETTER* TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY IX~1** V * COMPREHENSIVE FORM - .; -A 1 1 PREMISES--OPERAT IONS IK~_:: 1 1 EXPLOSION AND COLLAPSE ^ HAZARD LJ UNDERGROUND HAZARD fin PRODUCTS/COMPLCTCD p" OPERMIONS HAZARD J__ 1 contractual insurance 42..GL 160023 CCA i ' - 1 1 BROAD FORM'PROPERTY DAMAGE lJ INDEPENDENT CONTRACTORS 1 1 PERSONAL INJURY f POLICY EXPIRATION DATE 6/15/81 Limits of Liability in Thousands (000) EACH OCCURRENCE AGGREGATE BODILY INJURY $ $ PROPERTY DAMAGE 5 $ BODILY INJURY AND PROPERTY DAMAGE COMBINED ! 1,000, 51,000, PERSONAL INJURY f ... A AUTOMOBILE LIABILITY COMPREHENSIVE rORM. O-0,-.LD PH HIRED S NON-OV.HtD 42 FJ 28798 CCA - EXCESS LIABILITY FT 'UMBRELLA fORM 1 1 OT HER THAN UMBRELLA FORM V.;/-: WORKERS' COMPENSATION and EMPLOYERS' LIABILITY ' -. i OTHER .. 6/15/81 BODILY INJURY (EACH. PERSON) BODILY INJURY (EACH ACCIDENT) PR0PERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED s * . s F-- Ooo L.. . ' ... t .* L ,, ' ..'L ., S'.; - .y- -V;, s ^_WEmsS2&6 aBsaBsa^mwwaHg OF OPERATIONS/IOCATIONS'VEHICLES >v*- Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to .* mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER Attention: Edith Howard ASARCO, INC. 120 Broadway New York, New York 10005 -rf'nRn ?a nr* >t date iccnm May 6.--198.1. 'Az. authoRhId reKresEnta Robert R. Powell ASARCO ELP 0007404 Jl? NAME AND ADDRESS OF AGENCY Rogers, F.it:zzwwaal lter & Powell ^ 1200 S. W. Main Portland, OR 97205 AMENDE D "COMPANIES AFFORDING COVERAGES ACOMPANY LETTER Aetna Casualty & Surety Company NAME AND ADORCSS Of INSURED Winston <1. Renoud, P. E. dba: Fiberglass Structural Engineering 486 West Lake Samish Drive Bellingham, WA 98225 BCOMPANY LETTER company LETTER COMPANY LETTER COMPANY LETTER H ' This is to certify thatpolicies of insurance listed below have been issued to the insured named above and are in force at this time. t: COMPANY LETTER TYPE OF INSURANCE * POLICY NUMBER EXPIRATION DATE Limits of Liability in Thousands (000) EACH OCCURRENCE AGGREGATE GENERAL LIABILITY A 1X1 COMPREHENSIVE FORM. BODILY INJURY i % fX~| PREMISES--OPERATIONS I 1 EXPLOSION AND COLLAPSE J=j HAZARD 1__ 1 UNDERGROUND HAZARD 42 GL 160023 CCA 6/15/81 PROPERTY DAMAGE J S 4* tA F 1-- --` Ooo ooo fXl PRODUCTS'COMPLETED OPERATIONS HA7ARD fXl contractual insurance 1 1 BROAD rORV PROPERTY DAMAGE 1__ 1 INDEPENDENT CONTRACTORS BOOH Y INJURY AND PROPERTY DAMAGE COMBINED 1 1.00C [~1 PERSONAL INJUPV X Broad Form Comp 'ehensive General Liability G222(7/76l PERSONAL INJURY AUTOMOBILE LIABILITY COMPREHENSIVE FORM 1 1 Pinned 42 FJ 28798 CCA 6/15/81 BODiLY INJURY (EACH PPS0N> BODILY INJURY (EACH ACCIDENT) $ 5 r, f,: [ A 12 HIRED S3 NON CANED PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE * i- EXCESS LIABILITY \ 1 1 UMBRELLA FORM 1 1 OTHERTHANUMBRELLA FORM COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED S T r! S. M; $ WORKERS' COMPENSATION 'A.'. and EMPLOYERS'LIABILITY1 OTHER STATUTORY 1 iI/ChACODE*' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com pany will endeavor to mail 10__ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICAT E HOLDER: Attention: Edith Howard ASARCO, INC. 120 Broadway New York, New York 10005 ____ Maydate issued. 12, 1981 3\HlAafffa/L/jf-- v -?rr * AUTHORIZED REPRESENTATIVE Robert R. Powell ASARCO ELP 0007405