Document zoLd9k7MXzbXE6DvKE21eGnpa

THIS AGREEMENT made and entered into by and between STAUFFER CHEMICAL COMPANY Con solidated Chemical Industries Division, hereinafter styled "Consolidated.'' and BK8WH AMD ROOT. INC. -------- ,------ hereinafter styled "Contractor." WITNESSETH: 1. For the consideration and under the tens* and condition* hereinafter stated, Contractor agree* to begin immediately and to complete with due diligence, but in any event within not mare than______ L--working day*. in accordance with the plans and ipeoficalions hereto attached and made a pari hereof and in a careful and work manlike manner, with the necessary crews, tools, machinery and equipment furnished and maintained by Con tractor, at its own cost and expense, except as hereinafter proTided, certain work briefly described as follows: General plant naintananoa work a* designated by plant manager and/or plant superintendent during the six month period beginning September 1. I960 and ending February 29* 1961. mTKKIALi yurehaee material aa requested by plant manager and/or plant 'superintendent. Contraa tor is to furnish certificates of insurance in the type and Units shown on the oertlfleete of Insurance leaned to Consolidated by Contractor1 Insurer and now on file with Consolidated, Contractor'a oertlfloatesof Insuranoe are on file with Contolidated with limitations as agreed upon. 2. As consideration for the full end complete performance of this contract by Contractor, Consolidated agrees to pey to Contractor upon completion and acceptance of laid work as follows: X^BOXt Direst payroll plua a fee of forty percent (400) en straight tins aifi thirty and onehalf peroent (30.50) en overtime, which fee includes auparivision above the grade of Seneral Foreman, Vortoan'a compensation, payroll taxes, Insuranoe, general office and field effloe expense and say Items of mis cellaneous overhead normally Incurred by a Contractor ih oonneotlon with this type of work. Attaohed Is a list of wage rates currently In effeot in the Baytown area, aa well as equipment rates surreatly In affect. There shall bs no fee on rental equipment, elg0er Contrastar* a or equip ment ranted by Contrastor In the event Contractor cannot furnish his own equipment. MATERIAL! Direst Invoices ooat of all material plua a fee of ten percent 1109J which fee includes purchasing, procuring end expediting of materials. Contraotor shall take advantage of ell oeSh discount# allowed for prompt payment of Invoices rendered by lta suppliers. All cash discounts taken and trade discounts allowed shall be for Consolidated's account. 3. It ij understood and agreed, any provision herein to the control this Contractor shall meet with the approval of Consolidated*! Plant Ma plant but that the detailed manner and method of doing same shall be i being interested only in the result obtained, and that Contractor is an formed hereunder. Contractor agree* to protect iti employee* by carr compliance with the Workman's Compensation Law of the state where the work is to be performed, and (unless pecificaily provided otherwise in Article Z of this agreement) to carry General Public Liability and Property Damage Insurance with limits of $100,000 for bodily injuries to any one person, and $500,000 for bodily injuries to persons in any one accident, $25,000 far damages to any one person*! property, and $50,000 for damages to property from any one accident, arid Automobile Public Liability Insurance with limits of $100,000/1500,000 for bodily injury and $25,000 for property damage. Certificates of insurance to be furnished to Consolidated for approval before work it begun. Contractor further agrees to protect, indemnify, and save Consolidated harmless from and against all claims, demands, and causes of action of every kind and character on account of personal injuries or injuries resulting in death to persons or damages to property in any way resulting from the willful or negligent acts or omissions of Contractor, Contractor's agents, employees, or representatives. 4. Contractor agrees to pay off and satisfy all claims for labor and material employed or used in anywise by it in connection with the work performed hereunder for Consolidated es herein contemplated end pey off and satisfy all other claims and charges levied, assessed, ar arising by reason of tba work performed by or activities of this Contractor whether made by the Federal or State governments or any subdivision thereof or by any other person or party. Contractor agrees to permit no liens of any kind to be fixed upon or against the property of Consolidated by Contractor** laborer*, mechanic*, or materialmen, and agree* to indemnify, protect, and leva 5. Contractor agrees that if, in the M9BB0opinion of Consolidated's Plant Manager, herein described Cos* *ractor, should fail at any time during the performance hereof, to perform the work herein undertakes in strict accordance with the terms of this agreement or to use due diligence b completing the work in the time or b th manner required, Consolidated may, at its election, either terminate this contract forthwith, upon which event Contractor shall thereupon be paid only for the proportionate amount of work satisfactorily completed at the time of such termination, less any dedactionj necessary or proper to insure Consolidated against any loss b connection with the completion of the work, or Consolidated may take over and perform, for its own account ail or any part of the work then remaining ,T~rf<trmrd Tf ^JWibMfli)iiiwa*iM^oaBnMcnpotggiMaKJmflngittigTaTiibMiginitr<hfciiiMrKjriMKrn the event Consolidated shall exercise the right to take over or perform all or any part of the work remaining unperformed. Consolidated shall have the right to use ell or any part of Contractor's tools, or equipment then in use on the job, hut shell pay Contractor a reasonable rental for the use of such tools and equipment during the period of use by Consolidated and shall return same to Contractor upon the completion of the job b as good condition as when taken over by Consolidated, ordinary wear and tear excepted. Should Consolidated take over completion of said job, it shall pay Contractor for the work then completed, subject to the later provision* hereof, unless under the pro visions of paragraph 2 above, the compensation fen* the completed work cannot be readily detennbed b which latter event, Consolidated shall pay Contractor the full contract price leu all other costs and expenses incurred by IWKfc Such judgment cr opinion may be-tferased only by the Plant Manager himself with respect to this para graph, but b all ether matters pertaining to this agreement the Plant Manager may act through his, representative or representatives. 6. Contractor agrees that, upon the completion of the work herein contracted for, it will furnish Consolidated with proof satisfactory to Consolidated that all efatmi for labor and material have been satisfied and paid and that there are no unsatijfied claims for injuries to persons or property, and thereupon the amount due as herein provided shall be paid by Consolidated to Contractor, subject, however, to the right in Consolidated to withhold payments m accordance with the provisions of any statute, law, or regulation applicable to such matters. Before final payment is made, the completed work shall have been inspected and accepted by Consolidated** Plant Manager, and if i is not up to Consolidated'* requirements it shall be mads so by Contractor at Contractor's' expense provided that Consolidated may make payments on account for work actually dose and provisionally accepted, without prejudice to any right of Consolidated to reject or require changes in any part of the work assumed by Contractor. Contractor will allow Consolidated' to inspect the books for purpose of verifying hills rendered and statements made by Contractor. 7. In performing its obligations hereunder, Contractor shall comply with all applicable laws. State or Federal, and with all applicable orders, rules, and regulations of constituted authority. Contractor agrees to indemnify end hold Consolidated harmless from all cost and expense arising from tha failure of Contractor to comply with such laws, order*, rules and regulations. 8. Contractor shall not assign the rights or obligation* or any sum that may 'accrue to Contractor hereunder without tha written consent of Consolidated. 9. Consolidated reserves the right during the progress of the work to any changes, additions or deletions b the original plans and specifications. All changes are to be made in writing and accepted by both parties before proceeding with the work. Alterations shall sot bv&iidate the contract. No bills far extras will be allowed unless ordered b writing by Consolidated. IN TESTIMONY WHEREOF, witness the signatures of the parties hereto in duplicate At*!_E5 August ______,19_ Amy of STAUFFER CHEMICAL COMPANY Consolidated Chemical Industries Division Approved: W.O. No. A. a No. WAQE RATES CURRENTLY IN EFFECT IN THE BAYTOWN AREA Foreman Leadernan, all craft# Finisher# Pip# Layers Bricklayers (Manholes) Helpers Painters Insulators Pipefitters Welders Mechanics - (tenoral laborers Iron Workers and Riegers Carpenters 3.25 to 3*75 Pr hour 3.25 to 3.40 per hour 2.95 to 3.10 per hour 2.25 per hour 3.15 per hour 1.75 to 2.25 per hour 2.95 per hour 2.95 to 3*10 per hour 2.95 to 3.25 per hour 3.25 per hour 2.95 te 3.25 per hew 1.25 to 1.50 per hoar 2.95 to 3.10 per hour 3.10 per hour Overtime retea ere calculated at one and one-half tine the base rate after 40 hours per week. 1 1/2 Ton Flat Bed Truck fully operated 2 Ton Winch Truck fully operated 6 C. Y. Dump Truck fully operated 8 C. Y. Dump Truck fully operated 1/2 C. Y. Dragline fully operated 4.50 4.75 4,50 5.50 10.00 per hour per hour per hour per hour per hour Rate on motor crane will be dependent upon else and amotmt of boon required and will be submitted as need arises and upon your request. The following rates include fuel, if required, but are exclusive of operation] 105 C. F. Air Compressor Fneumatle Tools 1/2 Ton Pickup 3.00 5*00 1.00 per hour per day per hour The above rates for equipment do not include cartage to and from the site of the work id sueh equipment is not available in the Baytown area.