Document xD8ZBKpLrqzZ6LVaLjqD2kG1

PLAINTIFF'S EXHIBIT ASARCO ELP 0007696 Mr. W. R. Kelly El Paso Plant PURCHASING DEPARTMENT October 20, 1981 SUBJECT: ORDER Uh-1711 REON. FP-Sn CONVERTER GAS BYPASS ERECTION S INSULATION________________________ Herewith thrpp m' copies of contract properly signed' and executed with .Tpittipc: R T.n-Hhpr Tnr-. rnnfrapf nr/Sprvi ppg to COVer the ronvprfpr Pac Bvpacg Frppfinn K TngnT afipn in accordance with specifications referred to therein. It will be in order for you to hand the signed copy of the Agreement to the contractor, giving him whatever instructions are required to proceed with this work; 'the remaining two (2) copies are for the plant file. You will note New York Purchasing Department Order 11H-1713 has been assigned to this contract for reference purposes. As soon as the work is completed to the satisfaction of all concerned, the invoices should be paid locally without reference to this office. However, a copy should be sent to New York for recording. Also, you are to note the expiration date of the insurance. Should the work continue beyond the date shown, be sure to obtain an extension to protect the company until the work is completed. FOW:eth Enc. cc: R. 0. Covington (j -- F. O. WITTWER OCT 2 3 1981 ^ R. tfu A- SB ART1 ASARCO ELP 0007697 i . J e ( Wee :.r.r.h to p'j:v::u,wj.t, pLfv.HT^.KT oontp`-.ci ron CVr. 1 J . } ; j ' r:*i' r . 00 K.vi M i' 5/75 COK'VIiRTlZR GAS BYPASS ERECTION f, INSULATION (Insert r.;--z:* of job) ASAUCO Incorporat ed1sEL PASO_____ at EL PASO, TEXAS __________ _____________ (Insert town and stare) ri ant THIS AGHSE.'-iSKT- made the__ 22NDday ofSEPTEMBER_________, 19 81, by and betweenJAMES S LUT11R INC- CON'lRACTORS/SERVICES, whose address is P. 0. BOX 1522-1, EL PASO, TEXAS 79912 ,_____________________ (hereinafter nailed the "Contractor") and ASAKCO T.ncorporated, a corporation of the State of New Jersey, whose address is 120 Broadway, Kev York, K.Y. 10005 and P. 0. BOX 1111, EL PASO, TEXAS 79999(hereinafter called j (Insert address of plant or unit) the) "Owner"). W1TKESSETK: The Contractor and Owner agree as follows: Air tide 1. Scone 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 CONVERTER GAS BYPASS ERECTION INSULATI0^h6reinafcer called the "wo: (Insert name of job) at the EL PASO Plant of the Owner at EL PASO, TEXAS (Insert town & state) in accordance with the drawings and specifications listed below', all of which are incorporated herein by reference and made a part hereof: E14533 - GENERAL ARRANGEMENT E14550 - SECTIONS 5 DETAILS E24S53 SECTIONS 5 DETAILS (List Specifications and Drawings. E24555 - FLUE SUPPORT DETAIL E24556 - FLUE SUPPORT DETAIL JAMES 5 LUTHER, INC., C0NTRACT0RS/SERV1CES PROPOSAL DATED 9/17/81 ASARCO ELP 0007698 ; : < /' oi l- ' ' ti'-` ('S.f :".l The vork shall be c. i-e sub's:.;-.uTj ally ct-:,-;.'] efc-e____ October _f>, 1081 Novoi'.'I'Cm- SO, J 9oj :: c -:7 c 3. Vz~-r.r. r.(to be orielc-ui ii progress payments arc* to be msdc) V^^be^Ci'.<ifir shall pay the Cor, tractor for the per fn:~.ai,ee of 1h j f^jGtSr. kvr c t, tlic Mar, of ___ ... jhilli'xc, 1i'S? _) , ] ai.'uT^iuj[jey of the Uyf-uah States of A:.-.erf.ee within days aft ac miE-J*aT a c tvrci* compl eti on of the work and submission by t.hc- Contractor of evierntps--fine] ud j ng, if re-cues tec, >2ete relef---.es of ail - lien; arising out of ^op-din conned ] ot. with the. work by nil plr-s^nr, or corpora tions on whose bebcrll* such liens could be or v.vi e filed) c-sticto the Owner f. for labor and mascri;:] i nrm port fed in the verb :;r:d clli-^gther iv.cebt- ecnes^mrrrTfuertfed with the wool: for wi.jcli liens could be filed have bean pcic-wcid that work is free of all liens and enc.umbram cs. Article 3. Pa% r.;-:-nfc (to be deleted if process payments are _not to be nr.de) The Owner shall ray the Contractor fot Che perform nee of thir- contract, the sum of Forty-Four Thousand Nine Hundred Minety-Fight and No/] 00----------- --_-- --------- collars, (y 44,99S. 00_______ ____ _) , lawful money of the United States, cs follows: On or about the1st__________ da_>. of each calendar month, car,fencing ______ Koveinber 1, 1 81, the Owner shall pay the Contractor Ninety percent (90_________ */) based on the contract prices, of the it'bor and mr.tcria.in incorporated in the work and of materials suitably stored at the c-ite thereof up to the end "of the next preceding calendar month, as estimated by the Owner, less the. aggrecate of previous payments; and upon completion of the entire vorl:, r. tus: suff icient to increase trie total payments toNinetypercent (_90%) of the contract price. Final payment* of the remaining (10Z) of the contract price shall be dueThirtydays after completion of the work. Before each such payment is due, the Contractor shall submit evidence satis factory to the Owner (including, if requested, partial waivers, or in the caEe of final payment, complete releases, or all liens arising out of or in connection with the work by all persons, forms or corporations on whose behalf such liens could be or were filed) that all charges for Jahor and material incorporated in the \;ork and all other indebtedness (except, in the case of payments other than final payment, indebt edness not then due) connected with the work for whicli liens could be filed have been paid and that work it free of ell liens and encumbrances. ASARCO ELP 0007699 P.'gi: : ( ? el . Jy'-y-'.-l'J.tL The; Owner r.cy withhold all or part of ..i;y payment to tin- u:-::.: r;L :v-;y u, protect the- C-vnar from lost, or c.v-.'.cc on' jccinin; of (a) d,uv,ged or d f.: c t ivc '.-or!-; not 1 '-.r.L-di.-.-d, (b) claims f ilr-c or re-'.F.onabl c evidence indicating ,,roi ih:filing of cl.! ' ,r- by other par Si c-.s agtinst the: Cent reef, or or r;;e Owner (c) failure of the Con::: , dor ; c nake payments properly to Subcontractors or for nssfc-riai or Ir.hor. (d) a ret tout hie doubt that this contract can be completed for the balance then unpaid, or (n) : o to the Owner's property or the work of another contractor. Article 5. Liens If any lien remains unsatisfied after payment of the full contract price has been made, trie Contractor shall refund to the Owner all moneys that the latter n.ay be compelled to pay in discharging such lien, including all costs end a reason able; attorney's fee. If the Owner has so requested prior to the signing of this Contract, the Contractor, at the option of the Owner, agrees to furnish or pevnr.it the owner to secure bonds in the full amount of the contract written by a surety company designated by, or otherwise satis factory to, die owner, guaranteeing and conditioned for the full, complete and faithful per fornance of this contract by the contractor and for the payment of claims for labor performed or materials furnished in connection herewith, all in accordance wish the terms of the bonds. The premium for the bonds will be paid by the Owner and must not be induced by the Contractor in the contract price. In the event the owner elects to secure such bonds, the contractor agrees to sign the required application, to furnish necessary financial statements and financial guarantees, and to otherwise cooperate with the owner, in securing, the bonds. 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 tines 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 cr portions of the work which t.he 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 bv 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. ASARCO ELP 0007700 : i`i l\ of <' The: Couirsctor shall ".r.c :: t- beer j"b. am! skill in d--;.1 ing -ii.'f! labor z z or s , and rake all r,: Grab] rtcrr. t.o a void ] - ;>or dispute. I i\ the event of any strike or t.hr r. of strike, r 3 ow-bow-ns , feetherbedding, or c-tkc: like practices, the. Contractor she11 apprise the- Owner of all relevant facie snd inpli car ions of the particular labor problem involved, and shall consult in good faith with the Owner in ?n endeavor to rc-ach a mutually satis factory solu tion to such labor problei:. and, so far at reasonably possible, to protect the Owner against delays affecting the w'ork or damage or losses to its other oper ations . Art5cle 9. Contractor's Liabiiif Insurance The Contractor shall maintain such insurance as will indemnify it against claims under V.'or km on's Cur,.per.ssric;r: Acts and tains t. any other claims for carnages for personal injury, including death, which may arise from opera tions under this contract, whether such epurations be by the Contractor or any Subcontractor or anyone directly or indirectly employed by either of them,. Prior to commencement of this wori. Che Contractor shall idle, with the O'-v.er completed certificates of insurance in form of "Insurance Certificate" attached and shall provide insurance coverage ir. amounts not less than these stated therein. Article 10.__ Indemnity b\' 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 mace 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 performance of this Contract by the Contractor or any Subcontractor; provided, however, that the Contractor shall not be required to indemnify tb.e Owner against any loss caused solely by the negligence of willful fault of the Owner or its employees. The Contractor accepts ail risk of injury or damage and all responsibility for any claims for damages wv.atscevar resulting from the use, misuse, or failure of any hoist, rigging, blocking, scaffolding, or other]ike or unlike equipment used by the Contractor or any Subcontracto even though such equipment be furnished or loaned to the Contractor or any such Subcontractor 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, windstorm, smoke, hail a-'rcraft, explosion, vehicles, riot or civil commotion. Article 12. Compliance uTith Laws and Ordinances The Contractor shall give all notices and comply with all laws, ordinances, rules, anc regulations, hearing on the conduct of the work as drawn and specified. If the Contractor perforins any work contrary to any such law, ordinance, rule or regulations, lie shall bear all costs arising therefrom, in particular, but without limiting the scope of the foregoing, the Contractor shall, and shall cause any Subcontractor to, comply with the terms and provisions of the Occupational Safety and liealt.il Act. of 1970 and all appliahlu rules, regulations, orders and occupational Safety and health standards promulgated under and issued pursuant to such Act in tin discharge of its duties and obligations hereunder. ASARCO ELP 0007701 of f. If for i-.ny rai.oii the Ccnrrertr-r ' r or any f.t-h --.on tree i r-v ': . p 1oyer-or io.r:ir. ,-rcyirc- a s 1a tuE ir.g li.vhiiity on the ior ; oyv.r 1 s rrikurinns or --: >:os under the- )'edi;rs1 jus nrv.nee. r,'>r.:r i hi r imi Acl., the ", r': ti r.c loymen c Tw: Act, any St etc- l.'.ic.:.p 1 oy-cn: T ax Act, or any o: her Act. the: Contractor shill ha exclusively liable- for, ; nd shall indemnify i r.-c- fvucr against, the s t. r* an cl agrees to comply with el) such laws, a nd ; ;; u j s lso as to relieve the Owner from any a nd ell liability I;ho refer end fro;:-- the re sponsibility of reeking reports or keeping records with respect, thereto. Article 13. Patents The Contractor shell indemnify and save harmless the Owner against and from any and all claims, losses, costs, damages, expenses, actions or other proceedings, growing out of or resulting fr, ir.irigsmer.t of any patent by the Contractor or any Subcontractor in the- performance of this contract, except that this provision shell not apply to patented articles or processes specified ir. drawing or specifications furnished by the Owner. Ar tide 1A . Chances i.n the Work The Owner, without invalidating this contract, may at any time order extra .'ork or make changes by altering, adding to or deducting front tha work. Such ore; may be- made- by the Owner c-n its ow n b e h a 1f or at the rc quest of L he Cone rf clor, epo: discovery by the Contractor of any diserene n c y ho! **** e ft r. the p} fins and t he physical conditions encountered. If s u c h extra w o r k or ch.fi r. aTftS ir.volv ft a C."c r.ge in cost, the contract price shall be increased or do err a s e d by t he fai r v c ) ue reof. The Owner wij1 itemize the c hang cp to be made a nd upon rece ipt of vri tte r. no tice of same, the Contractor will submit promptly tc 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 before work on the change is begun unless the Owner gives written order tc. proceed im.ed i a t e iy. No work or change shall be made, except by written order o: the Owner and no claim for an ed ition to the contract price shall be valid unless the additional work was so ordered. Any dispute under this Article shall be subject to arbitration. -Article 15. Owner's Riebt 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 reorganisation 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 proper materials, or if he should fail or 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 or written notice thereof by the Owner, then the Owner may, without prejudice to any other right or remedy, terminate the employment of the Con tract for the Contractor's default and take possession of the premises and of all materials, tools and appliances thereon and finish tlte work by whatever method the Owner may deem 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 all the general drz-ages of the Owner caused by the Con tractor's default, including the expense of finishing the work and compensation of the Owner for the Owner's managerial and administrative service, such excess shall be paid to the Contractor. ASARCO ELP 0007702 ; (> :.i b Ji r.".T,~'r d .Ur '-'F I excted .'urn jd b.-1' ncn, >r c! or : ; r ] 1 y <35. f.Cc.7- , i.o the Ovntr. In the tv cr: l the C.m ; r. s i: -y: >uid ..he arc. un.-bl a egret up or. the arcr-jut to bo paid or rc5.:.";>.> :<.' the ::5ut.t .h i 1 be sel'.ied bv --.rbd tV . to Ar o : n . Correa*_ion of Work a iter Tay.-.cnt Neither payment nor any provision in this contract ah?.] I relieve the. Contractor of responsibility lor faulty materials or workmanship and the Coot--a:-1 or shall remedy any defects "due thereto and pay for any damage to other work resulting trier error, which shall appear within one year from the date of completion of the Contractor1s work hereunder. The Owner shall give notice of observed defects with reasonable promptness. Any dispute under this Article shall be subject to arbitration. Art511 e_ 17 .__ Arbitra tion. All disputes 'which arc herein stated to be subject to arbitration shall be submitted to and determined by arbitration. Except as and to the extent otherwise provided by the controlling state law, no party may 'nave recourse to legal proceedings (other than to enforce this arbitration Article) unless and until an arbitration sward has been rr.ade. There shall be one arbitrator who shall be chosen by the American Arbitration Association, whose arbitration rules shall be followed. < Arjticle IS. Subcontracts The Contractor will not employ any Subcontractor without the prior written approval of the Owner and the Contrator shall require each Subcontractor to execute a contract in writing containing provisions similiar to all provisions of this con tract which are in any way applicable to such Subcontractor and which will obligate such Subcontractor to cotiply with and perform all such provisions herein! Nothing herein shall create a contractual relationship between any Subcontractor and the Owner. Article 19. Assignment The Contractor shall not assign nor subcontract this contract in whole or in part ncr shall the Contractor assign any moneys out or to become due Contractor here under without the prior written consent of the Owner. Article 2Q. Coordination of Vork The Contractor shall conduct the work hereunder so as to cause a minimum of interference with the Owner's operation. Where interferer.ee 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 easements required, for permanent structures or changes, and, to the extent practicable without interference with operations, to furnish the Contractor, free of charge, for its use during the construction, electricity, water, steam and compressed air required for construction purposes, at the voltage and pressure currently available at Owner's said plant, to a point adjacent to or within2DQfeet 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 temporary lines required to bring them to the point of use. ASARCO ELP 0007703 /-: : ;_kk! ii'A'O(Jdui '.hi: 41; :r-i:. ! h?0 3 1.1.-- Nisi.: \.b;ro rke .'-rk f ".H-b I'.'b Cnfo:rvd in In to K per: , ! i t L- ; of 5_c3 o_ ?';.___Tnc: ; .-jy C 5_<ju so This rontrfiff const. 5 times f 1-c. ; nl.iro eg re encr.t between the parties, and except ss i'lly he specifically sat forth h-.--.re in no changes can he- na6e heroic once-p-. hy an agree:- ent in writ ing duly execute;ri hy tne parties or their duly su; hori too agents. A.tide- 2 4. Tee.hr, i cal Information The Terr. " technical information" as used in this agreement includes hut is not limited r.o technical data, reports, tiedels, dravir.es, rpecifi cat ions, operating rar.uals, designs, computations, formelas, apparatus, processes, pat entable or unpatentable inventions and other ant in-:, r- r ins data. You agree to accept .-.ssreo's decisions as to whether any particular information is technical information or is technical inf or ration which has been made or conceived under this agreement. It is understood that in the course of your performance he: sunder you mev learn or have access to technical information of Asarco. You agree that you and your personnel will keep in confidence all such technical information of Asarco and r.hat 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 tire there a;ter. You agree to disclose to Asarco all technical informs tier, made or conceived 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 r eta in the free and unrescri.c tad pronerty of Asarco and that you snail assign or cause tits 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 A.sarec or 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 applications; and to execute all papers that may be reasonably required in the prosecution of such applications or to vest in Asarco or its assigns said inventions, applications and Letters Patent. Article 25. Additional Provisions (add such additional provisions, if any, as the particular job requires). None / ASARCO ELP 0007704- cc* ri;.VP Dv i on. l .i <<. }i sir: O' ;' ct trio i. JI'Pju. coy`ri!Acro\'.J Coii* rfid.or By [i tie SECRETARY TREASURER ASAKCO Incorporated 0.,T.er A\ By Vw J-- ASARCO ELP 0007705 r r 11 t - t: | NO*. - 1 l.ivienl ; !A A5'*A!U'0, ) isr( rpo i-bi.c il i.'i, j iic<.r j.o-i i.-rf r.i.oiM rs rtm a \2 ii;>i:s i.-.n iiii!. is io cLinirv vim vif col. i c i r.s of i !;su':; :.cr oescnipeo pri.o~ \-f. i ; i;; r issled v.; ,v:x-:s ).uv;iu; .3;:c,,, co.:yyiAc,so:is/fin:r n.::s TifKsi: :-.!i.ici!:s /.:t: i.w 1 n ro:;ci:, c<af.iwki. rop.i: ;;v 1 ill-: at,;.1 o;t asai.cd, <r,c<-:, or.-1! /.X _____ ;u, rASO,~ 'I'TtAC1_____________________________________ ; if ihc.sc policies aim cancclYfo on chakgcd in an'> way that c.ill aitccy this ccrn iric.ATr, mion .'.RI1TEN 1,'OTIFF <V | LI DC. GIVEN BY THIS COMPANY 10 ASAI1C0, Iticorjort ted. iL'.-Jiulilflcum manw;f:n. 1E!: BATS' KIM) Of t N-ilJf.ANCf NUMBER E ESCR |PT IC.N CT POLICY EXPIRES L IIJ11 S or LIABILITY R CC'J I r. [ MINI i.-i.;-. CONTRACTOR'S PUBLIC LIABILITY (COMPREHENSIVE INCLUDING CONTRACTUAL-) ' GOA.1,410071 CN1I BOO I LY. INJURY PROrFRTY.o^ OAF.c 60AL41S071 CONTRACTOR S PROTECTIVE LI ACUITY G0A1.419071 am 9-4-82 0-- 9-4-82 each oca iiriace $500,000. f.ac ii oca ubenc.i: s 250,000. 300. COO f 25.000 BODILY.INJURY PROPERTY.DAIAAGf AUTOMOB ILE BOOILY.INJURY 60AL4190.71 C.NH 60AL43.S071 CKII PROPERTY.DAMAGE HOP.KMEN'S COMPENSATION AND rtJRLOYER'S LIABILITY 60AL419071 C1.\U_--,---- G0CB11768 CPS 9-4-82 9-4-82 EACH OCCl P.HENCF. 5 500,000. EACH na.LHHLXCE t 250.000, EACH PERSON l 250,000. CACIi OCCURRENCE $ r,00 < 000 # EACH OCCCRP.FACE J 300,000. EACH OCTI BIIF..SCE t 100,000, 5300,000 f 25.000 9100.COO 5300.000 $ 2D.000 COMPLY XI I TH APPLICABLE STATE LAW 9 25 .OOoJ DATE 9-23-81 AETNA CASUALTY fc SURETY COMPANY INSURANCE COMPANY Let, PASO. TEXAS C ITY STATE GOLDFAE/'j ,'FAPJi'AKOiE DAGEXAEA E ht A T l VE *Thc Contrector ehcll cevc hereloec er.d rr.deon.fv the Oener fre* end cfcinrt ony onpenro, iooc ot desege in tccount of ny tleir., denend or cult cod* by env perron ehonroeer-r, including eny enplotee ol tbc Ooi.or. vhich ie m toy rsr ciurod by or connected eith, or grere gui of the execution end perforntneo of tbie contrcct by the Contrector or *R> Subcontrcetor; pro* Tided, hoceeor, thrt the Contrector cboll not b# required lo indennify the Oener egetnot eny lore ceuecd roUly bv oegligrnce or cillful feult of the Oener or ite enployeee. Tbe Contrector ecccpte ell nil of injury or dcunge end ell reeponeibility for eny cleiet for denegee ehetcoerer rerultmf [too the uie. utcuee, or fttlnro of eny Inict, riggieg, blocking, cceffolding. or other llbo or unllho cquipsoet ueed by the Coetreclcr or eny Subcontractor. eet-s though ruch equlpr.ent I.e fimiehed or locnod to the Contrector or eny euch Subccncrcctor br the 0rrtr nod ehtll indornify the Conor tgtiret nil tueh cl fine. ASARCO ELP 0007706 1 / AS.hRCO P.O. Box 1111 El Paso, TX 733SS 7-i.TTN: Mr. Carl Glaser RE: Converter Gas Crossover Flue Gentlemen: We propose to provide all labor and equipment required to complete the above mentioned job in accordance with ' your plans, all for the sum of $41,1S5.00 All materials are supplied by ASARCO with the exception of the insulation/jacket material which we provide. No painting is included. The above price is based on using aluminum jacket material (.1016). If stainless steel is used in lieu of aluminum, add $3,803.00 Hoping the above meets with your approval, we remain. Sincerely, Dan James Secretary/Treasurer DJ/lb ASARCO ELP 0007707 V : ENCHASING DEP'T. NE* YORK OFFICE . -O ECVIPMENT - |'-V , * EQUIPMENT fjlfl.rtoiJ % IU<tJU4ftOUJ BID TABULATION Form If PD 8-B Revised o $y DATE . APPRO. K REQN. * L tVir-PARATION - SEE INSTRUCTION SHEET & PURCHASE MANUAL SECTIONS B-2 & C-2. i | Nine of Bidder Suoic^ fat^tArT If. /Ti-ft ifaRHMjr,/ Manufacturer Model Number Spec. Evaluation Bidder If >a Hzo Bidder *> Xo Bidder 0 a> zo Bidder >a C2l ii l l i fairs!^3<ui . E/'u.criPtJ *2>&/>/ 'Z'l'l'Jl * Alofs( it i hJ:: (Al r,*.rf 'UTK ,._L____ Lin, ) -- ms. i z ~rr< __ ____ -- ..........7oi\ ,5 /:>?7__________ i !/ i i il i ! i! ; 1! i i 1 i i 1 | 1 : I ; ; \ ' 1 . / fasces UL is-f- /j /*?* ____ SuiifT L U -- A c iiJl/rL ' \ . :]' i7yy fan '/u Ti-ft v* \ : / ; ' U -t; . . . :C '/ /'l ( A.'Vd.. f /riiC . 7W^:j j VvZ-l {1 N. v. - > U)0.(m / r JiS UJrinj r>f S.-'/'t-: /^/6J ~-Z' . ' : /Lie (SScV /i /7^ 1- r//r CVl/ />- M. Cv; #<n) mi Oo/jJ r. icr/o/7 CJ/yy ')f\~7 h//*h)f~*-'^K-*-r--^- ; 1 i i iiii\i DEP'T. - __ tz.u)6* llX by LM ___________________________ Page of Pg ASARCO ELP 0007708 r. 110. !3o> uht:. Ccskv'croir/ierm'c-r fcllViSQ, IX '/yi12 (SJlS) ASARCO P.O. Box 1111 El Paso, TX 7 9 99$ ATTN: Mr. Carl Glaser REt Converter Gas Crossover Flue Gentlemen: We propose to provide all labor and equipment required to complete the above mentioned job in accordance with your plans, all for the sum of $41,195,00 All materials are supplied by 7:SARC0 with the exception of the insulation/jacket material which we provide. No painting is included.. The above price is based on using aluminum jacket material (.1016). If stainless steel is used in lieu of aluminum, add $3,803.00. -Hoping the above meets with your approval, we remain. Sincerely, Secretary/Treasurer DJ/lb ASARCO ELP 0007709 SOU 'TIVVUCTSSN ;11: ~rv. -5- c \>3 f t -,UJTO.-iS, !i\K.. ASARCO Inc. P.0. Box 1111 El Paso, Texas 79999 ATTN: Hr. Carl Glaser Dn te Sej< timber G, j_9Gi___ Proj cut ASAP CO Convertor Gas Cros sever Fluo__ Location El Pa so, Texn s QUOTATION # 1-832 We propose to furnish labor and equipment to unload from trucks jobsite and install the ductwork and supports as shown on Drawings No. E 14533, E 14550, E 24553, E 24556 and E 24555 for the lump sum of.................................................. $ 26,614.00. This quotation is based on tl.e following conditions and exclusions: Conditions: 1. All materials to be removed are to be stored on ormer' s proper-ty. 2. Material to be delivered at time of erection. 3. All welding rods to be E 7018. 4. Adequate crane access around the structure. 5. We have assumed flanges on expansion joints to be bolted. Exclusions: 1. All materials becoming a permanent part of the structure except welding rod. 2. All field painting, touch-up and cleaning. 3. Testing of any kind. 4. Concrete of any kind. Scheduling: Approximately 4 weeks. Respectfully submitted, SOUTHWESTERN INTERNATIONAL CONSTRUCTORS, INC . fj (915) 772-0514 Clay Fi^kePresident P.O.BOX 1917 EL PASO, TEXAS 79950 ASARCO ELP 0007710 r. I k. I 3 September 1931 ASARCO, Inc. El Paso, TX ATTENTION: Carl Glaser Genii email: T&R M--ec..h..a...n. -ic..a...l....C.--on- tr--a--c--t-o r~s, Inc.- -su-.b..m....i.t..s a- bid- o* ! ____v i_-U.L* for the installation of duct and steel work for Converter Gas Crossover Flue as specified on drawings C-14533, 14550, 24553, 24550, 24556. TAR Mechanical Contractors, Inc. will furnish all labor, equipment (including cranes), welding rods and gases necessary for project completion. He understand that ASARCO will furnish all material including prefabricated flue pieces, prefabricated walkways, gaskets, steel supports! bolts, anchors, predrilled flanges, and all other Materials necessary to the project. Pre fabricated material is assumed to be built according to drawings for proper installation. X;Thomas R. 'rTs/n Pitcavage '~f J.? f- Mi'll Robert/W Yo^rigblood f 915-5D3-I33M 98W Tony Lama P.Q.BaxSo7i5 c E! Paca.Tx ?ooot; ASARCO ELP 0007711 3200 Gateway East August 14, 1981 Asarco P.O, Box 1111 El Paso, Tex.ai 79999 Re: Insulation on Converter Gas Crossover Flue Attn: Carl Glazer Gentlemen: We propose to insulate Hie above referred project for the amount of $24, 775. 00. Insulation application and finished: Three (3) inches of E.T.R, Insulation, will be applied around flue with 3/4" galvanized bands. (12" centers) Calcium silicate block insulation shall be applied two (2) feet on the long sides of every manhole. Insulation shall be finished with 010 stainless steel Jacket. The jacket shall be applied with self tapping screws and 3/4" stainless steel bands (18" centers). All 90 Ells shall be finished with poultry wire and weather coating. Yours truly. ALE TEMP INSULATION Arturo S. Escohar ASE/ge ASARCO ELP 0007712 f \ \ 73Stile? L'i IVco, Texas 75: (915) 7/2-o525 LL'lioOCiC July 27, 1981 A SAT. CO r.O. Com 1111 El Paso, Texas 79946 Attn: Engineering Office Jerry Smith He: Insulation for Crossover Fit/e at Roaster and Convertor Spray Cheniers Gen tl Clean: Per ny visit with you on July 27, 1981, we are pleased to quote you on the above referenced work as shown on your drawing E-14533. Your specs .called for 3" thick mineral wool finished with .016 aluminum jacketing, with an alternate for .010 stainless steel jacketing. Our prices are as follows: Kith .016 AluminumKith .010 Stainless Steel $25,825.00 29,965.00 These prices are based on working during regular working hours Monday thru Friday. He can hold this quote firm until September 30, 1981. If you have any questions, please call me. serve you. 1 Sincerely, He appreciate this opportunity to SELLE INSULATION COMPANY Randy Hutton Contract Manager RH/bf COMMERCIAL / INDUSTRIAL / LOW TEMPERATURE / METAL BUILDING INSULATION / ROLL RUNNER ASARCO ELP 0007713 James & Luther Inc. Contractors/Services P.0. Box 13224 El Paso, 7X 79912 (915) 598-1081 INVOICE N2 0257 TO: ! ASARCO P.O. BOX 1111 El Paso, TX 79999 Attn. Mr. Carl Glaser OATE 2-17-82 CUSTOMER ORDER NO. PROJECT NAME (r (c% Painting of Walkway To Flue DESCRIPTION LOCATION El Paso, Texas AMOUNT Contract Price Total Amount Due $3,900.00 $3,900.00 Distribution: (4) Mr. Carl Glaser (1) Master Job File CC ; X - l<7-b'" ' ill) - PahwJi* ____ Tnank You Terms: Net 10 Days. ASARCO ELP 0007714 James & Luther Inc. Contractors/Services P.0. Box 13224 El Paso, TX 79912 (915) 598-1081 INVOICE N2 0254 TO:r [aASsARCO P.O. Box 1111 El Paso, TX -79999 j Attn. Mr. Carl Glaser DATE 2-8-82 i i ! CUSTOMER ORDER NO. | PROJECT NAME :&i V'rH i ! ASARCO Flue DESCRIPTION | LOCATION | I : El Paso. | AMOUNT Attached Invoice 10% Mark Up of Invoice Total Amount Due $3,612.00 $ 361.20 $3,973.20 Distribution: (4) ASARCO (1) Master Job File i i TERMS; Net 10 Days Thank You /hr h'-ucT ASARCO ELP 0007715 James & Luther Inc. Contr.sctors/Scrviccs P.0. Box 13224 El Paso, TX 79912 (913) 398-1031 INVOICE 022G TO: nASARCO P.O. BOX- 1111 El Paso, TX 79999 Altn. Mr Carl Glaser DATE CUSTOMER ORDER NO. PROJECT NAME 1-5-82 Converter Gas Flue DESCRIPTION Job #8086 Contract Price Change Orders $44,998.00 $12,345.87 Subtotal Less Prior Billings $57,343.87 -$367-4-4-8-.-3-8- Less 10% Retainage Total Amount Due /V/lvC/7 $20,895.49 /1H ?_ $ 2,089.55 trnrTfj LOCATION El Paso, Texas AMOUNT 0'C(c l-lt-S- >- $18,805.94 HllirmNTlNCCO>(LSO KORS-33 DATE_ MATERIAL REQUISITION El Paso Plant DEPT_ Time of Issue -- Day Night gpb 73 Req. #___ Equipment #___ Expense #___ ---Quant. Requested ------ ---- DESCRIPTION <* Jit lkk)Aio cave M&fiu&ur Unit of issue Quant. Issued Class Item * Value /V/w %*? ? --' IM 10 -2-oft S'if.) ttWt Vv rvf-- TERMS: Thank You Reauisitioner..f)^0 | f/`/"I*')! r lnpri Rv -Jl ASARCO ELP 0007716 I DAT Cdept. / '--I *- r/.ATIf,!AL AECUiSITICN . ci **''>0 pjSnt -- *r< Equipment =. Time of Issue -- Dgy Night Expense s Description of Work Quant. Requested DESCRIPTION J.4^1c7 Unit of Issue OZotf Quant. Issued Class hem -- Value ----------C*s-^V \t, ****** - r zti v-rzjQr- Requ (SUo /tfinn Issued !Bv A_____ ASARCO ELP 0007717 J o tvi-s & Luther ! r>c. Contractors 'Cervices p.o . Box 13224 El Paso, 7X 79312 (915) 59S-1081 INVOICE NS 0208 TO: i ASARCO . P.O. Box 1111 El Paso, TX 79999 Attn. Mr Carl Glaser DATE 12-3-81 1 CUSTOMER ORDER NO. ! i PROJECT NAME 11H-1713 : ASARCO Flue DESCRIPTION LOCATION El Paso, Texas AMOUNT 90% Contract Price j-SSS 1C e $40,498.20 S 4,049.2 I Total Amount Due S3 6,448. Distribution: (1) ASARCO (1) Master Job File Il ThoOK You 1I ASARCO ELP 0007718 till H Sf*.C<? -fl C* )) DA. ( -~ MATERIAL REQUISITION El Paso .ant DEPT^jLiStO^Ti^J^inW CVi,r,''Prv--' T/ H Hut.*_____ F.quip(i!-ni *_-------- Time of Issue -- Day Night Q Description of Work Quant. Requested DESCRIPTION Q f?.C |uooit' Expense Unit of Issue Qjant. Issued Class Item *f *C L>'i L -- 2 Requisitioner. o --rr-A Issued By. n`Umis-rnoco-t* (Miu DATE. DEPT MATERIAL REQUISITION El Paso Plant Time of Issue -- Day Night &%7S Req. #__ Equipment __ Expense =__ Quant. Requested DESCRIPTION $o"b%<r Unit ol Issue Qjant. Issued Class l (tom j Value ~Po. IlfRequisitioner. Issued ASARCO ELP 0007719 James & Lul'ior Inc. Cont'-'ctors/Services P.O. Box 13224 El Paso, IX J12 *(915) 398-1081 INVOiCE N2 0225 TO: i ASARCO P.O. Box 1111 El Paso, TX 79999 | Attn. Mr. Carl Glaser DATE 1-5-82 CUSTOMER ORDER NO. PROJECT NAME P.O. # 131 Unload and Set Acid Storage DESCRIPTION LOCATION El Paso, Texas AMOUNT Change Orders: Total Amount Due $ 346.95 $ 462.60 $1,931.17 $ 668.40 $3,409.12 QU-, &W3 Thank You TERMS: Net 10 Days ASARCO ELP 0007720 El Paso, Texas January 26, 1982 Mr. F. 0. Wittwer New York Purchasing Re: 11H-1713, Reqn. EP-50 Converter Gas Bypass Erection and Insulation - James Luther, Inc. The following additional work was required to complete the referenced' contract: 1. Field welds not indicated on drawings. $ 1,065.30 2. Rework "3 tower platform, handrail and cross bracing due to revised duct elevation. 1,412.40 3. Remove piping originally scheduled to be removed by plant work force. 116.70 4. Cut 10' lengths of grating furnished by ASARCO into 3' lengths. 165.75 5. Fabricate and install extra gussets in MK. 14550A and trim flanges to fit. 915.00 6. Change incorrect flanges on MK. 14550A elbow and MK. 14550C duct. 321.45 7. Install additional couplings and brackets for instrumentation. 249.30 8. Authorized premium time to meet scheduled operations downtime requirements. 455.47 9. Extra assembly costs due to out of round duct sections. 841.35 ASARCO ELP 0007721 Mr. F. 0. Wittwer -2- January 26, 1982 10. Duct support modifications and duct repositioning due to drawing error. 11. Cost of time lost and crane rental waiting for access to work area. 12. Furnish and install additional 6'-6" dia. flanges and gaskets. Total $ 5,620.00 371.25 811.90 $12,345.87 Please add Change Order #1 in the amount of $12,345.87 to the contract to cover this work. Back charges are being prepared to be given to the steel fabricator in order to recover some of the above expenses. CG/pag CC: W. R. Kelly R. 0. Covington CARL GLASER ASARCO ELP 0007722 ASARCO Mr. C. Glaser El Paso Plant Re: Order 11H-1713 _______Regn. EP-50 New York Office Purchasing Department March 19, 1982 We have still not received your advice with reference to the charges to be recovered from the steel fabricator, which was the subject of Mr. F. 0. Wittwer's letters of February 10 and March 1. Your prompt attention in this regard will be grpat-iv appreciated. Robert T . eZakrvnx?g anile RTC:eth cc: W. R. Kelly R. 0. Covington ASARCO ELP 0007723