U

NCR CORPORATION

World HtidquincriUw Dcfunm

Peb*u«y 19, 1991VIA FEDERAL EXPRESS

William D. Steuteville, On-Scene Coordinator (3RW33)Enforcement and Title III SectionU.S. Environmental Protection Agency841 Chestnut BuildingPhiladelphia, PA 191'/Re: Spencer Transformer Site (the "site"),

Harmony, Roane County, West VirginiaDear Mr. Steuteville:This will respond to that portion of Region Ill's December21, 1990, letter on the above subject which constitutes arequest for information and documents under Sec. 104(e) ofCERCLA. As you may recall, we did not receive that letteruntil late in the day on January 4, 1991. I spoke to you bytelephone on that date. During our conversation you advisedme (1) not to be concerned with the 10-day response periodspecified in that letter but to investigate NCR's records andrespond as soon as possible, (ii) to concentrate on NCR dataand documents regarding PCB-containing devices and PCB wastestreams, and (iii) to telephone Mr. W. C. Hopkins inCharleston for any further information I might regard ashelpful to our investigation.As I advised you in my January 8, 1991, letter, I didtelephone Mr. Hopkins. He informed me that transformers NOB.17 and 18 (as listed in Attachment I accompanying theDecember 21, 1990, letter) were purchased by him from thedemolition firm razing old NCR Building 14 (WreckingCorporation of America, or "Wrecking Corp.") and that hehimself had transported them, or arranged for theirtransport, to the site. He was in Dayton at the time topurchase used large electrical equipment but did not purchaseany equipment from any of the old NCR buildings being razedother than said transformers NOB. 17 and 18. (Wrecking Corp.was evidently also razing some old General Motors buildingsin Dayton at about the same time.)We have made an exhaustive search of NCR's records (to theextent they exist) regarding any dispositions of PCB-containing devices and any other PCB waste streams during the

17(11) Smith Paitwion lloulevgnlin, Ohio 45479

100324

William D. SteutevilleFebruary 19, 1991Page 2

period 1972-1982, and have located absolutely nothing otherthan some records pertaining to the razing of old Building 14by Wrecking Corp. Copies of those records are enclosed.Ordinarily records of their vintage would have been destroyedroutinely many years ago. These survived only because theywere preserved in a litigation file in our Law Department asa consequence of a later lawsuit between NCR and WreckingCorp. dealing with Wcecking Corp.'s failure to grade thedemolition sites and to demolish old tunnels as required bythe demolition specifications. Please Ignore the handwrittennotes on some of the documents. Those notations were made inthe context of the lawsuit. For your ease of reference, youwill find mention of the transformers in Building 14 in NCR'sOctober 29, 1979, letter to Wrecking Corp. and in theNovember 20, 1979, Indemnity Agreement annexed to NCR'sNovember 29, 1979, letter to Wrecking Corp.With specific reference to the numbered items listed onpage 6 of the December 21, 1990, letter, please be advised asfollows:1. NCR did not transport any such hazardous materials tothe site nor store, treat, generate or dispose of any suchmaterials at the site. We have no information regardingdisposals at the site by other persons or entities (otherthan information from Mr. Hopkins you furnished to us withyour February 7, 1991, letter).2. We have no such correspondence with any third partyother than that relating to transformers ultimately sold toMr. Hopkins by Wrecking Corp. (copies enclosed as aforesaid).3. See the enclosed documents re Wrecking Corp.4. We have no knowledge regarding any such predecessor ininterest. As I have previously explained to you, ourcorporate name was changed by Charter Amendment in 1974 fromThe National Cash Register Company to NCR Corporation.5. See the enclosed documents.6. We have no information or documents regarding anydisposals of PCBs or PCB-containing transformers at any NCRfacility.7. Mr. W. C. Hopkins is the only person we are aware of whoevidently transported any PCBs or PCB-containing devices to r Px

100325

oWilliam D. SteutevilleFebruary 19, 1991Page 3

the site. Wrecking Corp. is the only company we are aware ofwhich evidently sold PCBs or PCB-containing devices whichwere subsequently shipped to the site.

8. NCR was the previous owner of transformers NOB. 17 and18 which were scavenged by Wrecking Corp. and sold by it toMr. Hopkins.In addition to searching for documents and records, we alsoattempted to locate any NCR employees ox former employees whomight have information responsive to your request, and wewere unable to locate anyone with any such information.However, we are still searching for records and persons withresponsive information, and we will supplement this reportwith any new documents or information we succeed in locating.None of the information in this letter or its enclosures isregarded by NCR as confidential.Please advise if I can be of further assistance.

Very truly yours,

#. rW. H. TalmageChief CounselRegulatory Section, Law DepartmentWHTikrsEnclosurescc: W.S. Brewer (w/o end.), Dir., Environ. Mgmt., WHQ-2

100326

NCR CorporailonEngineering ana Manulflciuring-Dayicr. •Dayton. Ohio 45479

January 22, 1979

Gentlemen,

The Engineering and Manufacturing - Dayton division of the NCRCORPORATION is about to undertake a large demolition projectinvolving five (5) buildings [5,11,litA,15 & 25], I have encloseddocumentation and partial prints covering this job. Additionalprints will be made available at a Bidder Conference to be heldon February 11, 1979 at 9:00 a.m.If you are Interested In bidding this Job please read the en-closed documents and attend the aforementioned conference.Attendance Is mandatory. No bid will be accepted from anycompany that Is not represented. Please confirm your intentionto attend by phone to the undersigned (513-119-3970).

Sincerely yours,

Ralph H, Holtvolgt, Senior BuyerE&M-Dayton PurchasingRHH/Jsg

Enclosures: Proposal FormInstructions to BiddersGeneral Conditions

100327

DISTRIBUTION Nj

AMERICAN WRECKING CORPORATION ZC.»«OOfH * PWOtlW&f, Itit-

V nnn D/MI^Q Q ( V

Woodbrldge, NJ ~,-,, ,f«vim««>rv»i«.Attn: PhU Blankfold

zii-«»»yt. Cm")WRECKING CORPORATION OP AMERICA WMt*f

\ 525 School Street S.W." Washington, DC 20021

Attn: Michael P. Amann

AAA WRECKING COMPANY, INC.7501 North KeystoneIndianapolis, IN 16210

OBIE ELIE WRECKING COMPANY2169 East 33rd StreetCleveland, OH 11H9

(' CLEVELAND WRECKING COMPANY

1100 Harrlson AvenueCincinnati, OH 15211

KING WRECKING COMPANYllll Jest StreetCincinnati, OH 15203

BROADWAY WRECKING COMPANY3950 East 86th StreetCleveland, OH 11105

B&B WRECKING & EXCAVATING COMPANY5801 Train AvenueCleveland, OH 11102

100328

! TO Dinners

FOR THE

D'OLITICN Or nUILDil.'GS

&

ADJtCEKT TUNNELS

IOB

EUR I HE ER 1 1 KG_& K Mjllj/ .TUR I I!G- DfeYTON

DAYTON j OHIO

The NCf( Corporation,' Enginsering 6 Manufar.turlng-Dcyton, herein-after sometimes termed "Owner" furnishes tho foil owing instruc-tions to prospective biddars desiririp to submit proposals forthe demolition of Building? l'i-l'iA-15-5 £• 25.

100329

ppojrn ucr.cnir: 1C",1The project consists of the- deirolition of five (5)huildlr.js (incluclin^ adjncont tunnels as specifiedon drawings):

1. Building 15 - 123,196 sq. ft.

A one story steel frame with mazzanine. Exteriormasonry walls with steel windows. Metal deckroof, partial concrete topping, insulation andbuilt-up roofing.

2. Pm'ld'nn _ Uifl - 115Building IV - 290

,200 sq. ft. 7,81,0 sq. ft. ]

Exterior masonry walls with wood windows. Wooddeck roof with built-up roofing. First floor isconcrete. The remaining floors are 2x6 woodpacl< flooring covered with hardwood.

3. Buildinn S (Power House) - 6<j,<tll sq. ft. ^V"'.',)

Consists of an ash tunnel, boiler room, engine ^room basemant, engine room, coal storage, cableroom, switchboard room, water softener room,condenser room and 275,000 gallon oil storagetank. Smoke stack is 237' above boiler roomfloor, I.D. IV 6" and O.D. 20'8» at base. I.D.Ht'O" and' O.D. |6'3» at top.Building is partially reinforced concrete andpartially steel frame. Exterior, masonry wal Iswith some wood and soma steel windows. Wood deckroof with built-up roofing.

Engine Room has wood floors. All the remainingfloors are concrete.

Building 25 - 101,01)6 sq. ft.

A two story, partially masonry clad reinforcedconcrete and partially steel frame with mezzanineand partial basement. Exterior masonry walls withwood windows. Partially wood deck roof with built-up roof and partially concrete roof deck with In-sulntion and built-up roofing.

.2-

(c,e: i;' d)

5. Tun nc Is -Tunnels average 101 wide by 8' high. Totalcorcbinc-d length of tunnels to lie removed isapproximately 900 feet. Tunnels are reinforcedconcrete construction.NOTE: In these instructions, tunnels are

generally specified as adjacent portionsof the buildings being demolished.

1.02 VISITING THE SITE

Bidders are herewith notified that they must visit andbecome familiar with the site of the work as requiredby the General Conditions, before submitting a bid,and thoroughly understand the conditions under whichthe work w i l l be done. No plea of ignorance of siteconditions w i l l be accepted as an excuse for'anyfailure or omission on the part of the contractor tofulfill in every detail all of the requirements ofthe work as shown on the drawings and indicated in thespecifications pertaining to this project for the con-sideration and within the time specified in the contract.

1.03 BIDDER'S QUALIFICATIONS

The Owner'may'require from the Bidder prior to the awardof the contract a detailed statement regarding the busi-'ness and technical .organization and plant of the Bidderthat is available for the work that is contemplated.Information pertaining to financial resources, experienceof personnel, and previously completed construction pro-jects may also be required.Any Bidder may be required by the Owner to submit addi-tional data to satisfy the Owner that such Bidder isequipped and prepared to f u l f i l l a contract should acontract be awarded to him.

100331

i.o7 rirrir.P1?. ''i1.'1 inr/jin^ ( c<,,-- i ' d )

The roii-potcncy and responsibility of bidders w i l l boconsidered in mal.injj awards. The Ownt.r reserves theright to reject any or all bids or any part thereof,to waive any informal ities in the bidding, and to acceptthe bid decked most favorable to the interest of theOwner after all bids have boon examined and evaluated.

l_.0_t» ADDENDA AND INTERPRETATIONS

No interpretation of the meaning of the drawings, speci-fications or other pro-bid documents will be made to anybidder orally.Every request for such interpretation shall be in writingaddressed to ttie NCR Corporation Engineering & Manufactur-ing-Dayton, Facilities Engineering, Bldg. 30, Room 22k,Dayton, Ohio W9, ATTENTION: M. L. Campbell; and to begiven consideration must be received at least ten (10)days prior to opening bids.Any and all such interpretations and any supplementalinstructions wi l l be in the form of written Addenda tothe specifications which, if issued, will be mailed bycertified mail to all prospective bidders with return

' , receipt requested. These Addendas will be mailed to theprospective bidders no later than five (5) days priorto the date for the opening of the bids.

. Failure of any bidder to receive any such Addendum shallnot relieve the bidder from any obligation under hisbid submitted. • 'All Addenda so Issued shall become a part, of the con-tract documents.

The proposal form contains spaces for the Bidders toinscribe the number of each Addendum that may be issued.

,1.0.5 SUBMITTAL OF PROPOSAL

Proposals must be submitted in duplicate for each build-ing and total and shall not contain any qualifications orrecapitulation of the work to be done except as expressed

10033?O

— .

i.m; snr.":i7:;.L cr I'vor.r.•;. (co,-,i't))•————as Addenda '.:• tno npir body of the proposal. All bidprices must bo either in ink or typewritten, in bothwords a,"d figures. In the event of a discrepancybetween the words and figures, the words shall govern.

Proposals shall be signed In the firm or corporate nameof the bidder and shall bear the signature of the indivi-dual or individuals authorized to execute contracts onbehalf of the bidder.WHERE PROPOSALS ARE SIGNED BY AN AGENT OF THE BIDDER,EVIDENCE OF HIS AUTHORITY TO ACT AS THE BIDDER'S AGENTSHALL ACCOMPANY THE PROPOSAL. 'The name.of each personsigning the proposal shall be typed or printed belowhis signature.

.1.06 DATES FOR DEMOLITION

Building 15Start on or before October 1, 1979. •Complete on or before January 3), I960.

Building IfrA

Start on or before November 1, 1979iComplete on or before February 29, I960,

*•

BuildinqHt

Start on or before December. 1, 1979.Complete on or before April 30, 1980.

Building 5Start on or before February 1, 1980.Complete on or before April 30, 1980.

Building 25

Start on or before October 1, 1979.Complete on or before March 31, 1980.

100333.5.

i.rfl nrr--. rr ^ r', (cc.:-,t'd)

Tunnels to be dfernslishad in sane time-frame as buildingunder which specified and shown on drawings.

1.07 BIDDER'S COi.'FCRENCE

A Bidder's Conference for all potential bidders will beheld at 9:00 A.M. on February 14, 1979, in the NCREngineering and Manufacturing-Dayton Purchasing Confer-ence Room, Building 30, at South Main'& .Caldwell Streets,At'this time a tour of the buildings will be conducted,Attendance isjnandatc Oids will not be accepted frombidders not" attending 'u e Bidder's Conference.Before March 14, 1979, any additional visits may bescheduled by calling M, L. Campbell (513-449-3705) orR. H. Holtvoigt (513- 0-3970) for an appointment be-tween the hours of 7:00 A.M. and 3:30 P.M.. . There will

.be no further answering of questions after -the March14, 1979, bid submittal due date.All bids shall be received by 3:00 P.M. on March 14, 1979,by mailing or delivery to the NCR Corporation, South Main& Caldwell Streets, Dayton, Ohio 45479, ATTENTION: R. H.Holtvoigt, Building 30, Engineering and Manufacturing-Dayton, Purchasing Department.

-r\u-6- 100334

SECTION 1A

GENERAL CONDITIONS

The following General Conditions arc for the .guidance of alltrades and'section of the work and shall be considered asforming a part of each section of these specifications, andas such shall be binding upon each separate branch of thework insofar as they may be in any way applicable thereto.Failure of Contractor and/or sub-contractors to take cognizanceof the General Conditions w i l l not relieve him from complyingwith all the provisions thereof.

.TABLE OF CONTENTS

Article Mo. .Article Title

Article 1 - DefinitionsArticle 2 - 'Scope of WorkArticle 3 - Drawings and SpecificationsArticle,4 - Demolition - Genera)Article 5 ' v - Interference with OccupancyArticle 6 - Accidents

Exhibit A

100335

AP1ICIC 1 -

A. "Contract Documents" as used heroin, shrill include the Agree-ment, drawing, specifications, General Conditions, applicableaddenda, and any modifications thereof incorporated inDocuments before their execution.

B. "Owner" refers to and indicates the NCR Corporation, or itsduly authorized representative,

C. "Contractor" refers to person, firm or corporation with whom• the contract is made by the Owner, Only'Pr.ime Contractorsarc recognized as a party of the contract and where the term"Contractor" is used, the Prime Contractor is referred to.The term "Contractor" as used herein shall mean the person,firm or corporation named in the Agreement who will performthe work describee! herein. Where sub-contractors are re-ferred to, it has been convenience only. Nothing containedin this contract shall create any contractual relation be-tween any sub-contractor and the Owner.

D, "Sub-contractor" refers to a person, firm or corporationother than an employee of the Contractor, who contracts withthe Contractor to furnish labor, or labor and materials, atthe site of the work, The term also Includes sub-contractorsof a sub-contractor, but it does not include material men -one who furnishes materials not worked to a special designaccording to the drawing and specifications.

E, "Provide" shall be interpreted as meaning "Furnish andinstall, complete in place, ready for use or operation, in ' •accordance with the Terms of the Contract Documents".

F. Words "as required",' "as directed", "as permitted" and wordsof like import mean that requirements, direction or permis-sion of Owner are intended; similarly, the words "approved","acceptable", "satisfactory", or words of like import shallmean "approved by", "acceptable to" or "satisfactory to"Owner.

G. Laws of place of building shall govern work of the Contract.

.**«-2- CJ

100336

lilLJ! - _scf?F or W:~KThe Contractor shall furnish all permits, materials, labor,tools, plant, equipment, transportation, insurance, taxesand all other services necessary to complete the demolitionand removal of debris for the demolition of Buildings 14-14A-I5-5 and 25 at the NCR Corporation, Dayton, Ohio 1( 79as shown and specified, end subject to the terms and condi-tions of the Contract.

ARTICLE 3 - DRAWINGS AND SPECIFICATIONS

A. Specifications and drawings shall be considered to be comple-mentary, so that anything shown on the drawing and notmentioned in the .specifications, or anything mentioned inthe specifications and not shown on the drawing, shall beprovided by the contractor as though shown on and mentionedin the drawing and specifications.

Figured dimansions and marked data shall take precedence overscale measurements and details shall take precedence oversmaller scale general drawing. Should any conflict occur inor between drawing and specifications, contractor is deemedto have estimated on, and agreed to provide the greater quan-tity or better quality of materials and work unless he shallhave, before submission of proposal, asked for an obtainedwritten decision of Owner as to which method or materialswill be required.

If work is required in a manner to make it Impossible toproduce first class work, or should discrepancies appearbetween the various contract documents, or If contractor hasany questions regarding the meaning of contract documents,contractor must request owner's interpretation and clarifi-cation before proceeding with work. If contractor fails tomake such request, no excuse will thereafter be entertainedfor failure to carry out work In satisfactory manner.

Contractor, by proceeding with any work, acknowledges thatdrawing and specifications relating thereto are sufficientfor their intended purpose, i.e., the complete demolition ofthe project, or portion of the project to which they mayrelate.

-3- 100337

/••Tici.r ? - rjiuvMrir /.n Sprririr'Tj^; (cont'd) f\

E. Demolition of L'uilding 15 to start at west end and proceedeast. The south 120' of the building to be removed andcleaned up including the removal of the concrete floorbefore December 1, 1979. Demolition of Building 14A to bestarted and the south 18 bays removed and cleaned up in-cluding the concrete floor by December 1, 1979. Proceednorth in 14A end then west thru the remaining portion ofBuilding 15, completing the 14A-15 demolition process.The Building 14 demolition can be started during the final14A and 15 demolition stage at the discretion of the demoli-

• tion Contractor as long as the demolition of 14A and 15 arenot delayed.

F. Building 14 must .be demolished from east to west.

G. Buildings 5 and 25 will be started and finished on datesas specified,

H, Bui]dings 15 and 14A must be separated from Building 28 a (T)minimum of 20 feet total height before conventional demoli-tion of either building is started.

I. The area north of K Street (site of former Buildings 2 and 4)to be filled and top soil applied.The area to'be backfilled with properly placed solids,(concrete, brick and masonry materials obtained from NCRproperty only) not to.exceed one cubic foot in size. Back-fill to be covered with a minimum of 16" of clay sub-soilcompacted to density not less than 95% proctor to within6 inches of existing grades. No sink holes permitted.Coyer entire area with 6 inches of top soil matchingexisting grades on all sides. No pot holes permitted.Area must drain properly.

J. There shall be no burning of rubbish or debris of any kindon the premises.

-4-

r ', - n '','•,•.' i !,".r. /.':." r"-rr IFIC/.TI^.T————————

C~j""

K, Debris shall not be allowed to accumulate. Excess debrisand waste material shall be removed fro.T, the site as workprogresses.

L. The Contractor shall observe City of Dayton and Owner'sfire department regulations and directions, especially withrespect to use of cutting torches,

ARTICLE 4 - DEMOLITION - GENERAL

A. All services and utilities required to remain in operationwill be identified by Owner and must be protected from anyand all damage,

B. Manholes and manhole covers to remain w i l l be identified byOwner and rmjst be protected from any and all damage.

C. Contractor to plug storm and sanitary sewers with 12" mini-mum of concrete before start of demoltion. Locations tobe identified by Owner.

D. The underground fire pump enclosure to be protected fromany damage.

'* »

E. The total area vacated by the demolition of Buildings 15-14and 14A to be graded to elevations specified by Owner.Backfill to be clay subsoil compacted to density not lessthan 95% Proctor to within 8" of specified grade. Coverentire area with //304 stone a minimum of 6" deep.

\F. The total area vacated by Buildings 5 and 25 backfilled with

properly placed solids, (concrete, brick and masonrymaterials obtained from NCR property only) not to exceedone cubic foot in size. Backfill to be covered with a mini-mum of sixteen (16) inches of clay sub- soil compacted todensity not less than 95% proctor to within six (6) inchesof existing grades. No sink holes permitted.Cover entire area with a minimum of six (6) inches of topsoil matching existing grades on all sides. No pot holes

' permitted. Area must drain properly.100339

-5-

G. All services and u t i l i t i e s not msntioned w i l l be disconnectedand capped off by Owner.

H. All foundations to be removed 24" minimum depth below speci-fied grade lines. Basemont and all underground floors tobe sufficiently cracked to permit drainage.

I. All tunnel tops to be removed and sidewalls to be removed aminimum depth of 24" below grade, Tunnel floors to be suf-ficiently cracked to permit drainage. Tunnel voids to bebackfilled with properly placed solids (concrete, brick andmasonry material obtained from NCR property'only) not toexceed one cubic foot in size. Backfill to be covered witha minimum of 24" of #304 stone up to grade level.

J. Tunnels to be blocked with 12" minimum thick reinforced con-crete. Use 1/2 0 rods 12" O.C. both directions. Tie intoexisting walls, ceiling and floor using 1/2 0 rods 24" long(1/2 of 24" length in walls, ceiling and floor ahd 1/2 of 24"length into new wall). Adjoining walls, ceiling and floorsto be scored and stripped of all paint, prease or any othermaterial. Outside walls to be waterproofed and sealed. Noleaks, Work to be completed before start of demolition.

K. All trees must be protected from any and all damage.

ARTICLE 5 - INTERFERENCE WITH OCCUPANCY

A. Existing adjacent'buildings' are at present occupied by Ownerand others in conduct of their business and will continue tobe occupied by them throughout the work under this contract,

B. Work herein contemplated to be performed, shall be carriedon in such manner and at such times as to interfere as littleas possible with occupants of premises and normal conduct ofbusiness therein and adjacent thereto,

C, The Contractor shall comply with the Owner's and the building"plant protection force" and regulations with respect to hoursof work, use of elevators, delivery areas, no smoking and anyother requirements. The contractor shall confer with the f''\Owner to determine for himself the regulations affecting the >L/conduct of his work.

100340-6-

The Contractor [.hall provide at the site, and m<il:o availableto all worlonc'n, mod'icpl supplies and equipment necessary tosupply first aid service to all persons injured in connectionwith the work.

The Contractor shall report any and all accidents in writingto insurance company and Owner within 24 hours of occurrence.The report shall contain the following Information and itshall be the responsibility of the contractor to have anaccident report filled out in triplicate and submitted asrequired above with (1) Name of person or persons and homeaddress,. (2) location of occurrence, (3) Tinje of day anddate, (4) Description of occurrence, (5) statements of witness,and (6) signature of Contractor's superintendent.

In addition, if death of serious Injuries or serious damagesare caused, the accident shall be reported by the Contractorto the Owner immediately by telephone or messenger. If anyclaim is mode by anyone against the Contractor or any sub-contractor on account of any accident, the contractor shallpromptly report the facts in writing to the owner, givingfull details of the claim.

-7-100341

r.XHM'IT /,

A. S/V'.PIfS- Contractor shall furnish for cpprovcl till sminlcb us _^7ni\eVocl. The work shall be in accordance with ap/provc;! buiiplua. ( )

B- K;'1 FtUiM.S AUO ',;or'i;i'Vl?HilP - Except as otherwise noted, Contractor"slial 1 provicJ'j ana p;iy I'D? all Ifibor, miter i a) s, and equipment,including tools, contraction equipment, and machinery u t i l i t i e s ,including water, transportation, and other facilities and servicesnecessary for tho proper completion of the work on the project inaccordance with the Contract Documents constituting this contract.All equipment and materials used shall be new unless otherwisespecified in the Contract Documents, of good quality, and in con-formity with the Contract Documents. All work shall be good qualityand free from faults or defects and in accordance with the require-ments of the Contract Documents. Contractor, shall not employ forwork on the project any person unfit or withou't sufficient skillto perform the job for which sue.. "person is employed.

C« ROYALTIES AND PATENTS - Contractor shall pay all royalties andlicense fees. Contractor shall defend all suits or claims forinfringement of any patent rights and shall save NCR harmless fromloss on account thereof.

D- SURVEYS. _PE RMI IS ,__ft.l 'P _ REGULATIONS - NCR shall furnish all surveys•unless otherwise specified Permits and licenses necessary for theprosecution of the work shall be secured and paid for by Contractor.Easements for permanent structures or permnnent changes in existingfacilities shall be secured and paid for by NCR, unless otherwise

. specified. Contractor shall comply with all laws and regulationsbearing on the conduct of the work and shall notify NCR if thedrawings and specifications are at variance therewith.

E- EXAMINATION OP PREMISES - Before submitting proposals, visitorsshall visit the premises upon which the work is to be executed inorder to familiarize-themselves with existing conditions and fullyunderstand the nature and scope of the work. It shall be requiredthat each bidder makes such a visit to the premises and an inspec-tion thereof so as to properly allow for all labor, materials,equipment and utilities required to satisfactorily complete thework.The submitting of a-proposal by Contractor will be construed as anacceptance by Contractor of all existing conditions and NCR's re-quirements and as a waiver of all claims for extra compensation onaccount of additional work caused by existing conditions.

F, ACCESS TO WORK - Contractor shall permit and facilitate observationof the work by NCR and its agents and by public authorities at alltimes,

100342

ri ' [c IN TIT '"'""''IN - NCR pipy order changes in the vork, the"Con'i r;ict Price -ring adjusted accordingly. All such orders andadjustments shall be in writing. Claims by Contractor for extracost mist be made in writing and approved by NCR bel'ore executingthe work involved.COjWFCTION OF WORK - Contractor at its sole expense shall re-tfxecutc any work that fails to conform to the roquironcnts of theContract Documents if such failure appears during the progressof the work, end shall remedy any defects due to faulty materialsor workmanship which appear within a period of one (I) year fromthe date of completion of the contract. The provisions of thissection apply to work done by subcontractors as well as to workdone by direct employees of Contractor. ' ,NCR'S RIGHT TO TERMINATE THE CONTRACT - Should Contractor neglectto prosecute the work properly, or fail to perform any provisionof the contract, NCR., after seven (7) days written notice toContractor and its surety, if any, may, without prejudice to anyother remedy it may have, make good the deficiencies and maydeduct the cost thereof from the payment then or thereafter dueContractor or, at its option, may terminate the contract andtake possession of all materials, tools, and appliances andfinish the work by such means as it sees fit, and if the unpaidbalance of the Contract Price exceeds the expense of finishingthe work, such excess shall be paid to Contractor, but if suchexpense exceeds such unpaid balance, Contractor shall pay thedifference to NCR.NCR shall have the unlimited right to terminate or temporarilysuspend performance of al 1 or a portion of this contract,'wheneverit shall determine same to be in its best interests, by deliveringwritten or telegraphic notice of not less than seven (7) days toContractor setting 'forth the extent-and effective date of tormina-tion or suspension. Contractor shall immediately terminate orsuspend its construction'activities to the extent required by saidnotice and shall minimize its costs and liabilities with respectto said construction, but shall continue its performance of thatportion of the contract, if any, which is not affected by thetermination or suspension notice.Contractor shall continue suspension of construction work pursuantto a suspension notice until it receives written notice from NCRto resume same. Following a suspension of construction work pur-suant to such a notice, NCR shalj pay to Contractor the reasonableadditional out of pocket costs directly incurred by Contractor asa result of such suspension, exclusive of loss of profits, conse-quential damages, and all speculative and remote damages.

-2-

. 100343

niillliiLfi (Con I'd)I. N^!'_r- NdllT TO TrPHII-.'.'Ti7 THE CM.'I-.'.CT (Cor.t'd)

111 the event of terminaticn by IICK of all or a portion of thiscontract pursuant to this section, NCR shall pay Contractorthe reasonable costs actually incurred by it in tha performance

' of the terminated portion of this contract up to the effectivedate of termination, plus a reasonable profit thereon.In the event of a temporary suspension of work, Contractor shall,and shall cause its subcontractors to protect carefully its andtheir work and materials against damage or injury from theweather.

< t

J« PAYMENTS - Payments shall b".-r\?de as provided in the ContractDocuments. Final payment i •';',•.••' .-V not be due until Contractor hasdelivered to NCR a complete release of all liens pursuant toSection 0, hereof. In- making final payment NCR waives all claimsexcept those arising out of faulty work appearing after completionas provided above, work not complying with the Contract Documents,outstanding claims of liens and failure of Contractor to complywith any special guarantees required by the Contract Documents.Contractor, by accepting final payment waives all' claims exceptthose which he has previously made in writing and which remain un-settled at the time of acceptance. Final payment or any prov'-sion in the Contract Documents or partial or entire occupancy ofthe premises by NCR shall not constitute an acceptance of worknot done in accordance with the Contract Documents nor relieveContractor of liability in respect to any warranties or responsi-bility for faulty materials or workmanship, and no error or over-sight in superintendence, inspection, or issuance of any certifi-cate, or delay, In discovery or rejection of defective or improperwork or materials, by NCR shall reljeve Contractor of any of itsobligations under this contract.

K. WARRANTIES AND GUARANTEES - In addition to specific guaranteesrequired by tnc contract for work to be performed. Contractor shallguarantee all work to be performed and all materials to be furnishedunder contract against defects in materials or workmanship for aperiod of one (1) year from date of final acceptance of completedwork by NCR.In case of work performed by subcontractors and where guaranteesare required, Contractor shall secure warranties from said sub-contractors addressed, delivered to and in favor of NCR uponcompletion of work. Delivery of said guarantees shall not relieveContractor from any obligation assumed under any other provisionof the contract.

-3- 100344

J'.HIMT A (Cont'c!)— — —— -/.i;n Gii;.!vii'rr_s (cont'd)

Should any defects develop in aforesaid work, within theguarantee periods, due to f&ults in materials and/or workman-ship, Contractor shall make repairs and perform all necessarywork to correct defective work, such repairs and correctivework to bo approved by NCR. Contractor shall execute suchrepairs and corrective work within ten (10) days after writtennotice to Contractor by NCR, and Contractor shall bear allcosts in connection therewith. NCR will give notice of observeddefects with reasonable promptness.In case Contractor fails to do work so ordered, NCR may havework done by others, and NCR may change cost thereof againstmonies retained pursuant to the contract if said retained moniesare Insufficient to pay such cost, or if no money is available.Contractor and Its sureties shall pay NCR the entire balanceof the cost of such work.

FINAL WR I.TTCN ACCr.PTANr.E - Contractor's performance under thiscontract shah not be csemed to be completed until and unlessthe Project Manager designated by NCR certifies In' writing toContractor that all work required to be performed hereunder hasbeen performed in accordance with this contract and to the com-plete satisfaction of NCR. Such certification by the ProjectManager is elsewhere in this contract referred'to as NCR's FinalWritten Acceptance. Notwithstanding the foregoing, however,any and all warranties and guarantees given by Contractor toNCR under this contract shall continue to apply until thenstated time of expiration, as provided herein, notwithstandingIssuance of NCR's Final Written Acceptance to Contractor.Without limiting the -foregoing, NCR, shall have the right tomake any inspections and/or tests that the Project Manager, in •his sole discretion, deems necessary to ascertain whether Con-tractor has fully and faithfully performed its obligationshereunder .Prior to Final Written Acceptance of the project, NCR may re-quire Contractor to'. present written evidence that the work hasbeen done in accordance with all applicable codes, laws andordinances. Such evidence shall be transmitted to NCR at thetime of Final Written Acceptance along with the certificationof the amount due Contractor at that time.

-4- '

100345

I1*- J'AYI'iriiT[ \MTK'l"!.P - IICR ir.r.y witlihsld or nullify the whole or a Mjpan (;i siny application for payment ropreiaiUod by Contractor'sestimate, or any request for payi.isni to such extent as may benecessary to protect NCR fr«n lost because of

1, Defective work not remedied.2. Claims filed or reasonable evidence indicating

probable filing of claims.3, Failure of Contractor to make payments properly

to subcontractors or for material or labor,4. A' reasonable doubt that the contract c'an be

completed, and all unpaid claims, charges, liensand encumbrances satisfied, for the balance thenunpaid,

• *

5. Damage to another contractor.6. Work not satisfactorily completed prior to billing.

N- SEPARATECONTRACTS - NCR has the right to let other contractsTnconjunction with the work, and Contractor shall properlycooperate with any such other contractors.

0. ARBITRATION - Any controversy or claim arising out of thiscontract or from the work thereof shall be settled by arbitration.The arbitration shall be conducted by a single arbitrator undertlie then current rules of the American Arbitration Association,provided that the arbitrator shall be chosen from a panel ofpersons knowledgeable in the construction industry. The decisionand award of the arbitrator shall be final and binding and theaward so rendered may be entered in any court having jurisdictionthereof. The arbitration shall be held and the award shall bedeemed to be made In the city of the site of the project, unlessotherwise mutually agreed by IICR and Contractor.

100346

_;•!!'IT /, !tm'.'d)co'.'Ti.y.n(v.!v

p. PROTECT I ("I OF WO'.1''.. PE'CrCPTY Ai-'i) Prr-:?r:.'? - Contractor w i l ladequately protect his own work from damage, w i l l protect theNCR property from injury or loss, and w i l l take all necessaryprecautions during the progress of the work to protect allpersons and the property of others from injury or damage.Contractor shall take all necessary precautions for the safetyof employees on the work, and shall comply with all applicableprovisions of the Federal, State and local safety laws andbuilding codes to prevent accidents or injury to persons on,about, or adjacent to the premises where the work is beingperformed. ,Contractor shall erect and pi; ".'i:-;"lv maintain at all times asrequired by the conditions aiiL"Vrv,-.;'gress of the work, allnecessary safeguards for the protection of workmen and thepublic and shall pos-t danger signs warning against the hazardscreated by various features of construction and fallingmaterials and he shall designate a responsible member of hisorganization on the work, whose duty shall be the preventionof accidents.Contractor shall adopt reasonable methods during the life ofthe Contract to furnish continuous protection to tlie site and

" to work, materials, and equipment thereon to the end that lossand damage may be prevented. He shal1 refuse entry to personsnot having business on the site. The Contractor shall beresponsible for the proper care and protection of all materialsdelivered and work performed until completion and final accep-tance, whether or not the same has been covered by partialpayments by Owner and whether or not the damage to his workwas caused by Contractor or by another Contractor or by others,

Q. LIENS - Contractor shall take such action as is permitted orrequired by law to prevent any lien from attaching to NCR'sproperty arising from the performance of this contract. Atthe time of each payment herein provided for, CONTRACTOR SHALLDELIVER TO NCR receipts or releases and waivers of all liensarising from material furnished or labor done under thisContract up to the time of such payment or payments, Neitherthe final payment, nor any part of the retained percentage,shall become due until Contractor shall deliver to NCR completerelease of all liens arising out of this Contract, or receiptsin full In lieu thereof, and an affidavit that so far as Con-tractor has any knowledge or information, the release orreceipts include ul) labor and material for which a lien couldbe filed.

-6- 100347

r.O?""'/rT01''1 R M / n i L I T Y l''-'ir'.'.lir.r. - Contr;,ci.or shall maintainalTliVi' expense such inbui;£.nse &t wl" ["Hy protect him fromclaims under Workmen's Compensation and Occupational Disc-useActs and from any othur claims for da™>ne for bodily injury,including death, and for property damage, which may arisefrom operations under this Contract, whether such operationsbe by Contractor or by any Subcontractor or anyone directlyor indirectly employed by either of them.Contractor agrees that such insurance shall include thefollowing:].• Workmen's Compensation Insurance'in compliance with the

Workmen's Compensation Act of the State wherein the workis to be performed, if such act requires part or all ofContractor's liability to employees for occupationalaccidents or diseases to be satisfied by such insurance.

2. Employer's Liability Insurance on all employees not coveredby a Workmen's Compensation Act,.for occupational accidentsor diseases, with limits of liability of not less than$500,000.00 for any one accident or disease. •

3. Comprehensive General or Manufacturer's and Contractor'sLiability Insurance, including contractual liabilityInsurance, with limits of liability of not less than$1,000,000.00 each occurrence and $1,000,000.00 aggregatefor bodily injury including death, and $500,000.00 eachoccurrence and $500,000.00 aggregate for property damage.If the work to be performed by Contractor includes blast-Ing or includes;t;hc grading of land, excavation, burrowing,filling, backfilling, tunnelinGr drilling, pile driving,coffer-dam work or caisson work, or includes moving,shoring, underpinning, raising or demolition of any build-ings or structure or removal or rebuilding of any structuralsupport thereof, said policy of insurance shall not excludeinjury to or destruction of property arising out of orcaused by such work (and thus shall not contain exclusionsfor "XCUDE Hazards").

4. Automobile and truck liability insurance (including hiredcar and non-ownership liability Insurance if any automobilesor trucks will be hired by contractor or if its cmp oyecswill use their personally owned vehicles In the businessof Contractor) with limits of liability of not less than$300,000.00 each person and $500,000.00 each occurrence forbodily injury, including death, and $100,000.00 eachoccurrence for property damage.

100348-7-

._illJJ.Li: (Cont'd)\,' Certificates of Insunnci1 s!io;/k;; cornpllnncc1 with thu

foregoing rcquiri-mants skill bu '{'urni.shoe! uy Contractorwhan'it returns signed Contract documents to IICR, saidcertificates to be."inspected and approved by NCR beforeany work is convinced. The certificates shall statethat the policy or policies w i l l not be cancelled noraltered without at least ten dr.ys prior written noticeto NCR, The certificates shall also contain a statementas follows: "This certificate of insurance conforms toall terms and conditions (including coverage of theindemnity agreement) contained in the contract betweenthe named insured and NCR Corporation". Such certifi-cates and such notices shall be sent to: NCR Corporation,1700 S. Patterson Blvd., Dayton, Ohio 4j>47'9, Attention:Insurance Manager, at least ten (10) days prior to comnence-ment of work on NCR property.If NCR shall so request, Contractor shall furnish NCRfor its inspection and approval such policies of insurancewith all endorsements, or conformed specimens thereofcertified by the insurance company to be true and correctcopies.Maintenance of such insurance and the performance by Con-tractor of his obligations under the foregoing paragraphsshall not relieve Contractor of liability under his indem-nity agreement set forth in their contract.

S. lljDEKNJTY - The Contractor agrees to protect, indemnify, saveand hold harmless NCR, its officers, agents and employees,from and against all losses, costs and expenses, and from andagainst 'all l i a b i l i t y , awards, judgments and decrees, of what-ever nature for any and all damage to property of others andof the parties hereto, their office'rs, agents and employees,and of whatever nature for any and all injury or injuries(including death) to any person or persons including the offi-cers, agents and employees of the parties hereto, arising orin any way growing out of any of the acts or omissions eitherof Contractor, Contractor's officers, agents or employees orof any subcontractor of Contractor, or the subcontractor'sofficers, agents or employees, in connection with, the perfor-mance of the work under this contract.

T. FIRE INSURANCE - Contractor shall maintain fire and extendedcoverage insurance and any other insurance necessary to coverContractor's and all Subcontractor's tools, equipment, machinerysheds or other temporary structures, scaffolds and stages,protective fences,, or bridges, forms, materials for work storedat the site, and miscellaneous materials and supplies necessaryor used by the work.

o

-8- 100349

. Xl_! I P IT /• (Cont'ci)

L''.^JV-'&L1.?.. ' '•'Sl""''v-E - All materialsu n m i o 1 / lontriiU'or pursuant to this Contract shall be-come the solo property of the I,CR upon incorporation thereofin the work, if I.'CR is furnishing its own materials or IfNCR has specifically prepaid for any materials which shallbecome a part of the project or work than the IICR by virtueof having t i t l e shall arrange for the necessary Builders Riskor other insurance NCR deems necessary, Such insurance shallbe written for sole benefit of NCR.If NCR makes payment to Contractor on account of materialsdelivered and suitably stored at the site, such materialsshall become the sole property of NCR upon sucjh payment.

V. BOND - Contractor agrees to deliver to NCR at the request ofNCR a surety company bond in the amount of the Contract priceconditioned upon the Contractor's faithful performance' of thisContract and payment" of all obligations hereunder in such formas NCR may prescribe and with such Surety as NCR may approve.NCR shall pay such part of the premium charged by the SuretyCompany as is not in excess of the Surety Company's standardpremium, and NCR shall be entitled to any rebate,- refund orcredit granted by such Surety Company.

w.» SUB-CONTRACTORS - Contractor shall, as soon as practicable C- ;'after the execution of the Contract, notify the NCR in writing

. the names of Sub-contractors proposed for the principal partsof the work, and for such others as NCR may direct, and shallnot employ any that NCR may within a reasonable time object toas incompetent or unfit.If Contractor has submitted before execution of the Contract,a list of Sub-Contractors and the change of any name on suchlist is required in writing by NCR after such execution, thecontract price shall be increased or decreased by the differencein cost occasioned by such change.Contractor agrees that it is as fully responsible to NCR forthe acts and omissions of its Sub-contractors, and of personseither directly or indirectly employed by them, as it is forthe acts and omissions of persons directly employed by it.Nothing contained in the contract documents shall create anycontractual relation between any Sub-contractor and NCR.

X. RELATIONS OF jCQNTHACTOR AND SUB-CONTRACTOR - Contractor agreesto secure iron every Sub-contractor an agreement to be boundby the terms of the terms of the contract documents insofar asthe same arc applicable to the work of such Sub-contractor. o

-9- 100350

Contractor at,roes thai in its relation:; v.'i'.h employees. Sub-con vr actor s, 'find material ir.cn, it w i l l perform all obligationsimposed upon it by law or agrec^r-nt including, but not limitedto, the prompt: payment of all sums when due under such agree-ments.Any cost caused by defective or ill-timed work shall be borneby the party responsible therefore.

Y. USE OF PREMISES - Contractor shall confine its apparatus, thestorage of material and the operations of its workmen to limitsindicated by lew, ordinances, permits or directions of NCR,and shall not unreasonably encumber the premises with itsmaterials.

Z. CUTTING AMD PATCHING - Contractor shall do all cutting, fittingor patching of Contractor's work that may be required to makeits several parts corns together properly and fit it to receiveor be received by work of other Contractors shown upon, orreasonably implied by the Drawings and Specifications for thecompleted structure, and Contractor shall make good after themas NCR may direct.

Contractor shall not endanger any work or existing structureby cutting, excavating, or otherwise altering the work, andshall not cut nor alter the work of any other Contractor save

. with the consent of NCR.AA. CLEANING .UP - Contractor shall at all times keep the premises

"free from accumulations of waste material or rubbish caused byits employees, sub-contractors, or work, and at the completionof the work shall remove all its rubbish from and about thebuilding and all its'tools, scaffolding and surplus materials,and shall leave its work "broom clean" or its equivalent,unless more exactly specified,. In case of dispute, NCR mayremove the rubbish and charge the cost to the several Contrac-tors as it may deem just.

-ID- 100351

1. The contractor w i l l provide the NCR representative with thename:, of his employees that w i l l be working prior to requestfor entrance.

2, The NCR guard w i l l issue a Contractor's pass to each contractemployes after verification by telephone to the requestingdepartment.

3. The Contractor's passes w i l l be numbered. The contract em-ployee w i l l be required to sign a register each day to checkout the pass.

4. At the end of each day, the pass w i l l be returned to theguard station whore the pass was checked out.

5, The contract employee, w i l l wear or display the pass in sucha manner it can readily be seen.

6. The Contractor is responsible for returning all passes toNCR security at the completion of the project.

7, One (1) car or truck w i l l be permitted through the gate toserve tool requirements if necessary. Material deliveriesw i l l be permitted for loading and unloading only.

100352

'.\RCorMrancn __!.• jmfiwng jr.a Wanulaciurmg-Daylon?,v. 10-,. Ohio'15479

February 22, 1979

.:.ibject: !iOR Demolition Project

Daring our tour of th« Power Plant (bide. #5) you were Instructedi;: Llu thai i-artloular tiullding assumlne thut L-vui'yti. !;,(.• v;; la!.•-• iui't iii i ho building except the Switch Gear and poa^itly theLumber 2 Turbine. I would like you also to quote the Job assur.-i:ii7 that the above equipment, as well as all turbiner,, generators,..siirol panols, and cable were reinovud,

; :' ;.'ou :iavu any questions ooni'L-i'iiliii; thlu•.- lit cnc«,

Clnceroly yo .,:••«,

h. li. ilOLTVOICiT, Senior Buyer

••..i:/,;ii,;

-.: ..-:-: ... ,'-.ii:.i Lull

100353

DISTRIBUTION

CLEVELAND WRECKING COMPANY / ZEliRONSKI & ASSOCIATES, 11,'C.1^00 ilarrison Avenue ^/ 315 South Tibbs AvenueCincinnati, Oil 45214 Indianapolis, III 46211AUii! William T. Meyers Attn: Charles Buttshaw

KINO WRECKING COMPANY / OBIE ELIE WRECKIIIQ COKPAIiVl"4l Qest Street J 2169 East 33rd Street ,Cincinnati, OH 15203 v Cleveland, Oil 44149 /Attn: Edwin Baer Attn: Mr. Oble Elle v

KRaCKINQ CORP. OP AMERICA / li S U WRECKING COMPAIIY525 School Street, S.tf, / i5801 Train Avenue /Kashlngton, DC 20021) / Cleveland, Oil 44102 i/A'.ti.: Michael P. Amann Attn: Cli;irU'a taker

AKiihICA:) WRECKING CORP. /" UllOAUWAY V.'filiC'KIIlO C&M?A!;V /Flusa l.'lne ./ 3950 East 86th Street /9C;i Route 9 Cleveland, Oil 44105Woodbridge, HJ 0?095Attr.: William D. Spector

100354

j "»ILGS»" £E*.ICt CiMfcR u u

J.01759JE069 OJ/30/79 IC5 JPMMTZZ C5P CIS*M5M TUM1 nAShlNtiTCN DC iOO 03-JO OJ25P EST

RALPH HOLTVOIGTNCR CORPE AND " DAYTON PURCHASING CEPTENGINEERING AND MANUFACTURINGDAYTON On «5«79

AS PER OUR CONVERSATION THIS DATE NCR MAY ACCEPT OUR BID UNTIL OCTOBERI 1979

MICHAEL P A«ANNPRESIDENT"RECKING CORP OF AMERICA

16116 EST

MGMCOMP MGH

100355

Pi l/.'ilLGHAV Stf REVERSE SlDt FOH \'.tflr';'. ;.'. 1'. S ID;'. • FREE PjiC'.E NU'.'BfBS

WRECKING CORPORATION OF AMERICAVIRGINIA. INC.

925 SCHOOL STREET, S. W., WASHINGTON, D. C. 20024 12021 994.7811)bi\CC

March 12, 1979

Mr. R. H. HoltvoigtEW-Dayton Purchasing DepartmentNCR CorporationEngineering 6 ManufacturingDayton, Ohio 45479

Dear Mr. Holtvoight:

Re: Demolition of Buildings15-14-14A-5-25 $ adjacenttunnels

Enclosed please find bid for the demolition of buildings15-14-14A-5-25 as per your plans and specifications. /~N

If you elect to take all equipment as per your letter of2/22/79, our price for building #5 would change from paying $25,000to being paid $75,000 by NCR.

Please contact me if you need further information.

Very truly yours,

WRECKING CORPORATION OF AMERICA, VA. INC.

Michael P. AmannPresident

MPA/j

enclosure

100356

DAT r. March 12. 19"9

NAME OF BIDDER Wrecking farp, pf America,Va. Inc.

ADDRESS e.1f. grhnnl *tT"rt , g ft_______

Washington, D.C. 20024

o

PROPOSAL FORM

(To be submitted in Duplicate)

For the Demolition ofBuildings IS-l'i-HtA-S-ZS(and adjacent tunnels)

For theNCR CORPORATION

Engineering & Manufacturing-DaytonPayton, Ohio

TO: NCR CorporationEngineering 6 Manufacturing-DaytonDayton, Ohio

ATTENTION: R. H. Holtvoigt ." • 'E&M-Dayton Purchasing Department

Thj undersigned, after having carefully studied the Drawings andSpecifications and other contract? documents as prepared by NCREngineering and Manufacturing-Dayton, and having visited thesite of the proposed demolition project and having fully ac-quainted himself with the conditions affecting the project, pro-poses to furnish all labor, materials, services, equipment, andincidentals necessary to perform the work bid upon herein forthe Demolition of Buildings IS-lWtA-S-ZS (and adjacent tunnels),in accordance with said Drawings and Specifications dated

January 22__________, with Addenda Numbers _______and ________________, thereto

Issued prior to opening bids, for the consideration of thefollowing amounts:

I, BASE RID

A. Combined bid for the Demolition of Buildings 15 - l^Aand l*i with sequence of demolition to bo Building 15followed by Building 1**A followed by Building 1<* forthe Sum of:

One-Hundred-fieventv-N'ine Thousand- Fi ve-Hundrelttll »h s $ 179,500.00

B. For the Demolition of Building 5 as shown on the drawingand specified for the Sum of: (Credit)Wrecking Corporation of America to payTwenty-Five Thousand_________Dollars $ 25.000.00

C, For the Demolition of Building 25 as shown on the drawingand specified for the Sum of:

QAVflrHy-Finht ThnncanH_______ Dollars (5 7«,JP» »»

D. Combined bid for the Demolition of Buildings 5 and 25with no particular sequerfce of demolition for the Sumof:

Fifty-Three Thousand______Dollars S 53.000.00

E. Combined bid for the Demolition of Buildings 15 - 14A -14 - 5 6 25 with sequence of demolition to be Building15 - I*»A - M - 5 and 25 for the Sum of:

Tun-HnnHrp^-Thirty-Tu" Thnncnnd-Fius MimflroA -thlTJT'B •'". S .1f3,. yin flfli

NOTE: The above amounts shall be shown in both words andfigures. In case of a discrepancy, the amount shown (f\in words will govern. >«-•'

.2. 100358

.2, PROJECT STSPT AND COMPLETION

The undersigned agrees that, if awarded the contract, hecan start and complete the demolition projects on thespecified dates and that he wi l l complete all work tothe satisfaction of the owner.In the event that the starting date is delayed by owner,adjustment to the schedule will be made accordingly tothe Contractor.

3. ACCEPTANCE OF BIOS

The Engineering and Manufacturing-Dayton Division of thetJCR Corporation reserves the right to accept any.and allbids at its discretion.

CONTRACT

O A n y Contract that is awarded as a result of this proposalshall be governed by the terms and conditions of theattachments contained in this proposal.

DATE M"ch 12, 1979______ 1078 FIRM NAME Wrecking Coip. of America,1 V i r g i n i a , inc.

OFFICIAL ADDRESS 525 School Street, S.W. . • Virginia____Washington, D.C. 20024 (Corporate - State of)

-3-o100359

I' WRECKING CORPORATION OF AMERICAVIRGINIA, INC.

829 SCHOOL STREET, S. W., WASHINGTON, D. C. 20024 (2021 994.7611)SINCE +Z*ySl' ,897

March 22, 1979

Mr. Ralph HoltvoigtEW- Dayton Purchasing DepartmentNCR CorporationEngineering fj ManufacturingDayton, Ohio 45479

Dear Ralph:Per our conversation, our breakdown of demolition costs and

timing are as follows;We have scheduled a seven (7) month project as per your time

requirements. We will accept a $500/Day penalty for the timing on eachphase to certify our schedule.

We will use one 100-ton crane, 2 company owned Caterpillar 983Loaders with demolition buckets and two 10 wheel dump-trucks to demolishthe buildings and move the masonry rubble. A crew of 10 men in additionto the machine operatorswould be employed. We have pre-sold all the woodfor $1.00 f.o.b. the job from the project so that we would have no cost toremove it to a suitable landfill.

Our price is determined as follows:Income

Scrap Steel - 6,200 tons 8 $60.00 $362,000.00Metals • Copper, brass, etc. 125,000.00

Total Salvage Income $487,000.00

Costs2 Loaders (oper. 5 maintained) $172,480.001 Crane (oper. § maintained) 98,560.0010 men 154,000.00

Total Demolition Costs $425,040.00_nirr - i^nnn yfo, a ts/vd. ________25,000.00

3,100 yds. fi $10/yd. ———————— jLyUU.'OQ-—..... $481,040.00

100360

Mr. Ralph HoltvoigtMarch 22, 1979Page Two

(Balance Brought Forward) $481,040.00Insurance 26,400 00

Direct Costs $507,440700'Contingencies 104 50.744.00

$558,184.00Overhead q Profit 29% 161,516.00Total Contract § Salvage $719,500700'Salvage Income •487,000.00Charge to NCR $232,500700'

Total Bid Price $232,500.00

Please advise if you need further information.

I would be happy to come to Dayton to discuss any facet of theproject at your convenience.

Very truly yours,

X*-"-Michael P. AmannPresident

MPA/j

100361

•)*-«• IM .I; • ••i-»eiw>f

INSTRUCTION CONTRACT,NCR CorporationDtyton,ONo«MT9

,WRECKING CORPORATION OF AMERICA525 School St. S.W.Washington D.C. 2002

rnvoto* to Rw iddrm ihown b*low,Accounting Dept,..ayton Accoun

Bldg. »90I 28, 3rd floorDayton, Ohio

"the Contractor"1. DESCRIPTION OF WCflK; Contnctof ihill lumlih ill ol iln nulwuit ind ptrtorm ill o) m« worfc lot KM loHowhQ cooiiructlon:

ials & equipment to perform alld Removal of the entireIt, m-Annex, 15, 5, Including

3>sit£j)[eQaGBfcifiB> and adherence to alK applicable rules and regulations.ATI worK to tie done In accordance with the attached prints and specifi-cations.

ushownmthed.awinois)aodspeciticauonseniiiM Instructions to bidders for the demolition ofwhich drawing)!) ind tpecllicitions are niiched hereto, - ,2, PERIOD OF CONSTRUCTION: Contractor slull comrpencg the wohi on or betora October 1 f—— 1B_22_, ind Dull compute >

llw work on or before June 1 f———— 19Jj9_,3. CONTRACT PRICE: NCR Hull pay Contractor loi llw performance ol this contract-the lolil conlracl pilot Indicated ibovt, mbjicl lo

Mdilkms ind deductions u provided In this contract ind rn llw othei docunwnls lo which this conlracl la auWt. -i 4. PROGRESS PAYMENTS:. NCR ihill make payments on account ol ma contract during coniltuclton upon ipjllciUon lor payment lubmittMbyconiiacibruttwwoitiprogigsags,uloiiows: Contractor may Invoice. NCR on the last day ofeach month for the percentage of work completed that month. Payment terms

• will be net 30 days from date of Invoice.

5, ACCEPTANCE AND FINAL PAYMENT: Final payment trull be due J" flays ittgr completion o| Itw work ind NCR'1 Final WrittenAcceptance, provided ttw contract be then lull* performed, subject lo the provisions ol the Central Conditions hereol, :••";-'' •>

6, INVOICES: All Invoices shall bg lomardocl to the destination indicated in the "Invoice To" POT ibovt. fS " r ••>7, CONTRACT DOCUMENTS: The Contract Documents wtiicn comprise the conlracl between NCR and the Contractor .consist ot (his Con-, '•alruclion Contract, Including the General Conditions on the ie«r»e side lureot. and ttw following docurnenlsjiniched hereto ind made apart' ',hetiol. (i)Ttic plans, niawings and specilicatlons, and (81 A p»ttiertB«Ejrj3ud|aitnniai.«n<e«e juVi lta tfl fBl jyjl pnjjj

Tlw Contract Docummts logtltwr torm tlw contract tor llw work hwein described. Thg parties mtend (hit the documents include provowni _.tor in Urn, malirlili, equipment, tupping, ind olhar llerni iwcesury lor the execution ind compniion ol the work, end il lerm ml">'conaiant ot peymtnl. The documents also Include -ill woik ind procedures not ixpritsly mdtcaled tnereh nectmry (or proper necutlon ,Ot IhH PIO|Kt. , , -• /•'!

Ttw Conlracl Documents in lo be Mparatoty (ucuted In dupllcali by NCfl ind tlw Contractor. . . ' „- i,-7 7T

Ii.'STn'J?T70:iG

FOR THE

cn:MO! JTIO::_ OF" RUILDIHOS

m-llA-15 65' • •

&.

• ADJACENT TOWELS

FOR

'• HOR CORPDRATIOI1 '•"•" :

KAHUFACTURINB-DAYTOH

DAYTON. OHIO

COliTRACT i?01-315'l6-RHH

7-9-79

100363

The project cctajcts of ihc u- i.'.J.Uion of four ('i)(Including adjtobnt tunnels a:. specified on drawings):

!• BulldJniT 35 - 123,196 sq, ft.

A one story steel frame with mezzanine. Exteriormasonry walls with steel windows. Metal deck roof,partial concrete topping, Insulation and built-uproofing.

2. Building 11A - 115,200 sq. ft. ) 6 sto_vBuilding ir - 290,810 sq. ft. )—— ° scory

Exterior masonry walls with wood w'lndows. V/ood deckroof with built-up roofing. First floor Is concrete.The remaining floors are 2x6 wood pack flooringcovered with hardwood,

3. Building 5 (Power House) - 61,111 sq. ft.Consists of an ash tunnel, boiler room, engine roombasement,' engine room, coal storage, cable room,switchboard room water softener room, pondenser roomand 275,000 gallon oil storage.'.tank. Smoke stack Is237" above boiler room floor, I.D, 11'6" and O.D.'20'').8" at base, I.D. 11'0" and O.D. 16'3" at top.

, Building is partially reinforced concrete and par-tially steel frame. Exterior masonry walls withsome wood and some steel' windows. Wood deck roofwith built-up roofing.Engine Room has wood floors. All the remaining floorsare concrete. "

1. Tunnels

') Tunnels average 10" wide by 8' high. Total combinedlength of tunnels to be gejanvpd. is approximately 900

</'._., feet. Tunnels are~reTnT6?ced concrete construction.

(,•"''• NOTE: In these Instructions, tunnels are generally ^/ specified as adjacent portions of the buildings^\J* being demolished. • r

O-2- 100364 i

1, Cii? K!^.._________v

Start en or before October 29, 1979.Cotr.pl'.-te on or before March 1, I960,

Euildlr;: 3 'Ift

Start on or before December 1, 1979.Complete on or before April 1, 1980.

Building- 11Start on or before January 1, 1979.Complete on or before May 30, I960.

Building 5

Start on or before February 1,1980.Complete on or before April 30, I960.

.< *. ' *"**• - ' ''.'''.7 •

Ad.lacent TunnelsTunnels to be demolished in same time-frame as buildingunder which specified and shown on drawings.

SECT I Oil 1A*

GEIIERA!. COUP IT IONS

The following Genera,' Conditions are for the. guidance of allISdSmd section oif the work and shall be considered asformino. a part of eassh section of these specifications, andIs 3 Shall be binding upon each separate branch of theSnrk insofar as they may be in any way applicable thereto.Slhirerf Contracted and/or sub-contractors to take cognizanceof the General Conditions will not relieve him from complyingwith all the provisions thereof. .•

' TABLE OF CONTENTS-"' :

Article No. Article Title

Article 1 - DefinitionsArticle 2 - 'Scope of WorkArticle 3 - ' Drawings and SpecificationsArticle 5 - Demolition - GeneralArticle 5 • - Interference with OccupancyArticle 6 - Accidents

" ' Exhibit A

-1-

100366

Amidr i - i,'i iiinif.":

A, "Contract Docuii,irit." as used herein, shall include the flgroo-mant, drawing, specifications, General Conditions, applicableaddends, and any modifications thereof incorporated inDocuments before their execution.

,/B. "Owner" refers to and indicates the NCR Corporation, or its%£ .7"* duly authorized representative. * , / . • • • ' - •r ty, j-. —..„ /-——— *?~tofat

• -f ""•/L4 J ~ i

C, "Cqntractpji" refers to person, firm or corporation with whom• TEfie""cotitract is made by the Owner, Only Prime Contractorsare recognized as a party of the contract and where the term"Contractor" is used, the Prime Contractor is referred to.The term "Contractor" as used herein shall mean the person,firm or corporation named in the Agreement who will performthe work described herein. Where sub-contractors are re-ferred to, it has been convenience only. Nothing .containedin this contract shall create any contractual relation be-tween any sub- contractor and the Owner. ;

"*• '* •'.-., 7 •D. "Sub-contractor" refers to a person, firm or corporationother than an employee of the Contractor, who contracts withthe Contractor to furnish labor, or labor and materials, atthe site of the work. The term also includes sub-contractorsof a sub-contractor, but it does not include material men -one who furnishes materials not worked to a special designaccording to the drawing and specifications.

E. -provide" shall 'Be interpreted as meaning "Furnish andinstall, complete in place, ready for use or operation, inaccordance with the Terms of the Contract Documents".

F. Words "as required", "as directed", "as permitted" and wordsof like import mean that requirements, dir_ect_1_on or pjormis-sion'of Owner are intended; similarly, frTe'wbFds ""approved",

-•"acceptable", "satisfactory", or words of like import shallmean "approved by", "acceptable to" or "satisfactory to"Owner .

G. Laws of place of building shall govern work of the Contract.

-2-100367

- '•/.' r i',The Contactor shall furnish all permits, mausricils, labor,tools, pknt, equipment, transportation, insurance, taxesand all other services necessary to ccmplc-lc; the dc,"._!i tionand removal of debris for the demolition of Buildings )*»-I'lA-lS and 5 at the IICR Corporation, Dayton, Ohio W79as shown and specified, and subject to the terms and condi-tions of the Contract,

ARTICLE 3 - DRftVIIMGS AND SPECIFICATIONS

A. Specifications jand_ drawings shal.l be considered to bejcanple-mentcrrypso that anytnTng 's'Hbwn on the drawing and not-menTioned in the. specifications, or anything mentioned inthe specifications' and not shown on the drawing, shall beprovided by the contractor as though shown on and .mentionedin the drawing and specifications.

B, Figured dimensions and marked "data shaH take precedence overscale measurements and details shall take precedence oversmaller'.s'cale' general drawing. Should any conflict occur inor between drawing and specifications, contractor is deemedto have estimated on, and agreed to provide the greater quan-tity or better quality of materials and work unless he shallhave, before submission of proposal, asked for an obtainedwritten decision of Owner as to which method or materialswill be required.

C. If work is required in a manner to make it impossible toproduces first class work, or should discrepancies appearbetween the various contract documents, or if contractor hasanv questions ron-TflinT *'h° mfapn'nn nf contract documents,ronrracto'fMiiast request owner's interpretation and clarifi-cation before proceeding with work. If contractor fails to

!]'• make such request, no excuse w i l l thereafter be entertained1 ' for failure to carry out work in satisfactorymanner.

Contractor, by proceeding with any work, acknowledges thatdrawing and specifications relating thereto are sufficientfor their intended purpose, i.e., the complete demolition ofthe project, or portion of the project to which they mayrelate.

IC/-| J/.' !!i ( Cor 1 1 ' d )

Demolition of Building 1J to start ot west end end proceedcast. The south 120' of the b u i l d i n g to be removed _ncJcleaned up including the removal of the concrete floorbefore January 1, I960, Demolition of Duilding l^A to bostarted and the south 18 bays removed and cleaned up in-cluding the concrete floor by January. I960. Proceednorth in l^A and then west 'Cltl'n Trie remaining portion ofBuilding 15> completing the l^A-15 demolition process.The Building M demolition can be started during the finalMA and 15 demolition stage at the discretion of the demoli-tion Contractor as long as the demolition of ]1»A and 15 arenot delayed. •

F, Building M must-be demolished from east to west.

G, Building 5 wi l l be started and finished on dates as speci-fied. •• .- ... ., „: . ..." .'•

H, Buildings 15 and HiA must b'e separated from Building 28 aminimum of 20 feet total height before conventional demolition of 'either building is started.

I. The area north of K Street (site of former Buildings 2 and *,A to be filled and top soil applied.

'Mr r The area to be backfilled with properly placed solids,\A O/ (concrete, brick and masonry materials obtained from NCR) \\/ property only) not to exceed one cubic foot in size. Back-

'•$ ,m fi" to De covered with a minimum of 16" of clay sub-soilU Mi compacted to density not less than 95% proctor to within,\A 6 inches of existing grades. No sink holes permitted.

Cover entire area with 6 inches of top soil matchingexisting grades on all sides. No pot holes permitted.Area must drain properly.

^ere shall be no burning"of rubbish or dobrtsonxthc premises. - '"••—• '•—-"'

100369

.- fi ./C' |

, Debris shall not brj..a).l.DW£d..Ui-a_cumaLa.tc . Excels debris"and wcstc" m;.teri;.l shall be r craved from'the site as workprogresses.

L. The Contractor shall observe City of Dayton and Owner Is• fire department regulations"c-nd directions, especial ly"'with

respect to use of cutting torches.

ARTICLE k - DEMOLITION - GENERAL .' • •

\ s A. All services and utilities required to remain in operationJf w i l l be identified by Owner and must be protected from any;j and al 1 damage.

S'V'* Bi pUfnrio.le. and manhole covers to remain will be identified by/*(••, Ortner"and musTb'e" protected from any and all damage.

, C. Contractor to plug storm and sanitary sewers with ^".mini-mum of concrete before start of demoltion. Locations to ^be identified by Owner. /, /r --The underground fire pump enclosure to be protected from f \ \^,any damage. , /' -/''

/ J ^The total area vacated by the demolition of Builcnngs 15-14and l^A to be graded to gjovat^ons specified,^ °WP rn-Backfill to be clay subsoil coSpaCWD' to density not lessthan 95% Proctor to within 8" of specified grade. Coverentire area with t'/30'i stone 'a minimum of <6]).deep. ,—_4 • Tv. .•I*"'1 it~ ' ™<p* ~* ' -.

The total area vacated by Building 5 backfilled withproperly placed solids, (concrete, brick and masonrymaterials obtained from NCR property only) not to exceedono cubic foot in size. Backfill to be covered with a mini-mum of sixteen (16) inches of clay sub-soil compacted todensity not less than 95% proctor to within six (6) inchesof existing grades. No sink holes permitted.

Cover entire area with a minimum of six (6) inches of topsoil matching existing grades on all sides. No pot holespermitted. Area must drain properly.

100370-5-

ALLl'diJ; - JiLT ' UJL" - IljJi:'.!. (£'•'•' '•')

G. All services arid util itioc not mer,tior,'.d wil 1 by disconnected; and copped off by Owner.

H. All foundations to be removed 2V1 minimum depth Jbo lowfjqd gr '» 'fntr Basement and all underground floors toTie sufficiently cracked to permit drainage.

All junneJ tops to- be removed and sidewalls to be removed aTnTnimum depth of 2V1 below grade. Tunnel floors to be suf-ficiently cracked to permit drainage. Tunnel voids to be

• backfi 1 IjicLwiJhproper ly± placed sojjds (conprete. brick and"masonry materl'aT'Sbtaihed froni NCR property only) not toexceed one cubic foot in size. Backfill to be covered witha minimum of 2*»" of #30fr stone jjpjto grade leveL.—

Tunnels to be^blocked with 12" mlnlmurri thick reinforced con-crete^.Use 1/2 p rods l_" U.U. both directions. TTeTnto"'Existing walls, ceiling and floor using 1/2 0 rods 2V long(1/2 of 2V length in walls, ceiling and floor'and 1/2 of 2Vlength into new wall). Adjoining walls, ceiling and floors

a to be scored and stripped of all paint, grease or any othermaterial. Outside walls to be waterproofed and sealed, No

:—.. leaks. Work to be completed before start of demolition,

K," All trees must be protected front,any and allNJarnage'. N:

ARTICLE 5 - INTERFERENCE WITH OCCUPANCY

A. Existing adjacent buildings are at present occupied by Ownerand others in conduct of their business and w i l l continue tobe occupied by them throughout the work under this contract.

B. Work herein contemplated to be performed, shall be carriedon in such manner and at such times as to interfere as littleas possible with occupants of premises and normal conduct ofbusiness therein and adjacent thereto.

ia\)f

C. The Contractor shall comply with the Owner's and the building"plant protection force" and regulations with respect to hoursof work, use of elevators, delivery areas, no smoking and anyother requirements. The contractor shall confer with theOwner to determine for himself the regulations affecting theconduct of his work.

.6- . 100371

A, The extractor Umll provide oA the site, and m&kv availableto sK worlmoiTv medical supplies nnd equipment necessary tosuppl'j first £ii\l service to a/11 persons injured in connectionwith the work. v

B. The Contractor sha^l repor/any and all accidents in wNtingto insurance company and Owner within 2<* hours of occurrence,The report shall corttajn the following information and itshall be the responsibility of the contractor to have anaccident report filled out in triplicate and submitted asrequired above with (IJi/Name of person or persons and home'address, (2) location of occurrence, (3) Time of day anddate, CO Description cooccurrence, (5) statements of witness.and (6) signature of Contractor's superintendent.

C. In addition, if death/of serious injuries or serious damagesare caused, the accident shall be reported by the\| Contractorto the Owner immediately by telephone or messenger. If anyclaim is made by an«?,ne against the Contractor or any sub-contractor on accou/it of any accident, the contractor shallpromptly report the/ facts in writing to the owner, givingfull details of thfe claim.

P100372

A SAMPLES - Contractor' r.ht.11 furnish for approval all s'amples (isjirc.t'c'd" The work -hall be in accordance with-approved samples.

B MfljrniALS AND WORKl'."''"r.HIP - Except as otherwise noted, Contractor'shall provide and p, '^y for all labor, materials, and equipment,

•i-including tools, cor.-ntructlon equipment, and machinery utilities,-V • Including water, tr." nnsportation, and other facilities and services//r\/necessary for the pr"-oper completion of the work on the project ir,

accordance with the Contract Documents constituting this contract.All equipment and nv-aterials used shall be new unless otherwisespecified in the Contract Documents, of good quality, and in con-formity with the Contract Documents. AH work shall be good quality

\ and free from faults or defects and in accordance with the regui.c.e-' ments ottheContrar-t Documents.Contractor shall not employ *—•vrefl njlTeprolecl—any~pgr5gn~OTrfTt or without sufficients

the JOB Tim Will 111 i sucti person is employed!

C RQYALTIES^ND PATEU'IS - Contractor shall pay aHN,royalties~andTicense fees',—contactor shall defend all suits 'or claims forinfringement'of any patent rights and*,sha)l save NCR harmless frc-nloss'v'on aecountNthe."eof. , ' —-'

D SURVEYS. PERMITS. />•'ID REGULATIONS - NC.R shall furnish all surveys'unless otherwise sp,Reified Permits and'ilicenses necessary for the-prosecution oKthe work shall be secured and paid for by Contractor

•••'' Easements' for petmarvient structures or permanent changes in existing' facilities shall \& secured and paid for by NCR, unless otherwise

specified. Contractor shall comply witlval) laws and regulationsbearing on .the?' cond SLt of theu^brk and shall notify NCR if thedrawings ario/specif-i oat ions are at variance therewith.EXAMINATION OF PRESSES - Before submitting proposals, visitors'shall visit the pry'ii^es upon which the work is to be executed inorder to familiari.'; themselves with existing conditions and fuliyunderstand the natu'e and scope of the work. It shall be requiredthat each bidder mE'^c-s such a visit to the premises and an inspec-tion thereof so as *.o properly allow for all labor, materials,equipment and utili'ies required to satisfactorily complete thework.Th^siihmlUlnn Of '1 Proriosal bv Contractor wi l l be construed as anacceptance byCootaTttor of 3^1 exist: jp_r""H<Hr»m£. ann MrTm re-quirements and_aTt' waiver nTTllTTlfHm-i fnr nYtrn rnmnmviHraccount of addif^ACCESS TON.WOHK - Contractor shall permit and facilitate observationof ilia work' by NCR (ind its agents and by public authorities at alltimes. /

100373

rxn 11: IT /. (cont'd)

G. CHANGES III THC WORK - Nc,Rij3i iord';r channfjjl in the work, the-—^ Ton true t Price bcirr . aajuTfeTraCcora'1'rfgTyT1'All such orders and

I adjustments shall L in writing. flalfflsbyCpntractor for extracost must be made irn writ|pa and,——— -

~Bonr involved.CORRECTION OF WORK - Contractor at its sole expense shall re-execute any work that fails to conform to the requirements of theContract Documents 'if such failure appears during the progressof the work, and shrall remedy any defects due to faulty materialsor workmanship whicrr, appear within a period of one (!) year fromthe date of coup let'ion of the contract. The provisions of thissection apply to work done by subcontractors as well as to workdone by direct employees of Contractor.NCR'S RIGHT TO TERM I MATE THE CONTRACT - Should Contractor neglectto prosecute the work properly, or fail to perform any provisionof the contract, NCffi, after seven u} ^«yg urjf»»n nnn™ ^oContractor and its surety, ir any, may, without prejudice to anyother remedy it may have, make good the deficiencies and maydeduct th° '""'• »h.f""pfvf from tne payment then or thereafter" dueCofi'tractor or, at its option, may terminate the contract andtake possession of all materials, tools, arid appliances andfinish the work by such means as it sees fit, and if the unpaidDaiance OT me cont"otu rrlte exceeds the expense of finishingthe work, such excels shall be paid to Contractor, butj sucEexnpnse exceeds sucli unpaid balance. Contractor sh?Hi5avthe

t i e : r t i t t t r a a t oremporamcorJWScT JrTSneverte to be In its best Interests, by delivering

ritten or telegraphic notice or not ips* than cm/on (7) days to,.ontractor setting rorrn the extent and effective date of termins-tion or suspension. Contractor shall immediately terminate orsuspend its construction activities to the extent required by saidnotice and shall minimize its costs and liabilities with respectto said construction, but shall continue its performance of thatportion of the contract, if any, which is not affected by thetermination or suspension notice.Contractor shall continue suspension of construction work pursuantto a vu-Hicnsion notice until it receives written notice from NCRIT, resume same, rpllowing a suspension of construction work pur-suant to such a notice, HuRTihaii pay to Contractor th.p r-Qac^n^i-)]^additional out of pncket*^qsj^_Qirccciv incurred bv Contractor asa result of'^ueh susuuiiblon. exclusive of loss qfprofit!;, conse-quential damages, and all speculative and remotev'damages.

ftrf/»lr-" *- '- 100374

o

/-•O'lliniT_A (Conl'cl)I, NCR'.-. RIGHT TO UliMINATr THE CONTRACT (Cont'(l)

In the event of termination by NCR of all or b portion of thiscontract pursuant to this section, NCR shall poy Contractorthe reasonable costs actually incurred by it in the performanceof the terminated portion of this contract up to the effectivedate of termination, plus a reasonable profit thereon.In the event of a temporary suspension of v/ork, Contractor shall,and shall cause its subcontractors to protect carefully its andtheir work and materials' against damage or Injury from theweather.

J. PAYMENTS - Payments shall be made as provided in the ContractDocuments. .Final payment shall not be due until Contractor hasdelivered to NCR a complete release or arr~l1 ens pursuant toSecTTun 0; lieC6ul. in making rural payment NCR waives all claimsexcept those arising out of faulty work appearing after completionas provided above, work not complying with the Contract Documents,outstanding claims of liens and failure of Contractor to complywith any special guarantees required by the Contract Documents,Contractor, by accepting final payment waives all claims exceptthose which he has previously made in writing and which remain un-settled at the time of acceptance, Final payment or any provi-sion in the Contract Documents or partial or entire occupancy ofthe premises by NCR shall not constitute an acceptance of worknot done in accordance with the Contract Documents nor relieveContractor of liability In respect to any warranties or responsi-bility for faulty materials or workmanship, and no error or over-sight in superintendence, inspection, or issuance of any certifi-cate, or delay in discovery or rejection of defective or improperwork or materials, by NCR shall relieve Contractor of any of itsobligations under this contract.

K, WARRANT ICS AND GUARANTEES - In addition to specific guaranteesrequired Dy the contract for work to be performad, Contractor shallguarantee all work to be performed and all materials to be furnishedunder contract against defects in materials or workmanship for aperiod of one (1) year from date of final acceptance of completedwork by NCR. —————i————In case of work performed by subcontractors and where guarantees

A j? are required, f'""<T tnr gha11 B"r,urtt warranHt": frrm, ',« i-i tfr™-* ^ Hrtrrrg H, delivered to and in favor of NCR uponH / cgmplctTon of work. Delivery of said guarantee's shall not re]1eve

\f- - contractor "Troni any obligation assumed under any other provisionr of the contract,

O-3- 100375

EXHIBIT A (Conl'(I)K, WARRANTIES All!) f.UARAN'lErS (Cont'd)

Should any defects develop in aforesaid work, within theguarantee periods, due to faults in materials and/or workman-ship, Contractor shall make repairs and perform all necessarywork to correct defective work, such repairs and correctivework to be approved by NCR. Contractor shall execute suchrepairs and corrective work within ten (10)L HaYfi " "fe-urinotice tn.Corvtf.actor by NCR^_and ContractOr~snallT Dear allCUbLb 'In Uonneclion"therewith. NCR will give notice of observeddefects with reasonable promptness.Jn case Contractor fails to do work so rir'H'"'of4i "pp may havework done' By1 fltneTs1, Shcl |Jl!U may change cost thereof againstmonies retained pursuant to the contract if said retained moniesare insufficient to pay such cost, or if no money is available,Contractor and its sureties shall pay NCR the entire balanceof the cost of such work.

L. FINAL WRITTEN ACCEPTANCE - Contractor's performance under thiscontract shall not be deemed to be completed until and unlessthe Project Manager designated by NCR certifies in v/riting toContractor that all work required to be performed hereunder hasbeen performed in accordance with this contract and to the com-plete satisfaction of NCR. Such certification by the ProjectManager is elsewhere In this contract referred to as NCR's FinalWritten Acceptance. Notwithstanding the foregoing, however,any and all warranties and guarantees given by Contractor toNCR under this contract shall continue to apply until thenstated time of expiration, as provided herein, notwithstandingissuance of NCR's Final Written Acceptance to Contractor.Without limiting the foregoing, NCR shall have the right tomake any inspections and/or tests that the Project Manager, inhis sole discretion, deems necessary to ascertain whether Con-tractor has fully nnri-rairrmii ly pnr formed ~',its Obligationshereundpr. —-• """" "—~-Prior to Final Written Acceptance of the project, NCR may re-quire Contractor to present written evidence that the work hasbeen done in accordance with all applicable codes, laws andordinances. Such evidence shall be transmitted to NCR at thetime of Final Written Acceptance along with the certificationof the amount due Contractor at that time.

100376

C XIII I'll A_ (Cont'd)

M, PAYMENTS WITHHELD - NCR may wlthhol d or nullify, the-yhoje or apart of any application for 'payment represented by contractor'strsTlmate, or any request for. payment to such extent as may benecessary to protect NCR from loss because of

/I. Defective work not remedied,'2. Claims filed or reasonable evidence indicating

probable filing of claims,/3, Failure of Contractor to make payments properly

to subcontractors or for material or labor, s,/ k. A rfla-jonfible doubt, that the contract can be

completed, and all unpaid claims, charges, liensand encumbrances satisfied, for the balance thenunpaid.

1/5. Damage to another contractor.^6. Work not satisfactorily completed prior to billing.

p'-N. SEPARATE CONTRACTS - NCR has the right to let other contractsI* ,.•' in conjunct! en with the woru, arra uontractor shall properVy\, cooperate with any such other contractors.

0. ARBITRATION - j ny controversy or claim arising out of thiscontract or from the work tjjer_gpf...shall be settled by arbitration.

/ Trie aTbTErafTon shall be cofiauctcd^by a single arbitrator under^/ the then current rules of the American Arbitration Association,

provided that the arbitrator shall be chosen from a panel ofpersons knowledgeable in the construction industry. The decisionand award of the arbitrator shall be final and binding and theaward so rendered may be entered in any court having jurisdictionthereof. The arbitration shall be held and the award shall bedeemed to be made in the city of the site of the project, unlessotherwise mutually agreed by NCR and Contractor.

-5-

10037?

CXHIIUT A (Conl'd)CONTRACTORS

P. PROTECTION OF WORK. PROPERTY AND PERSONS - Contractor w i l ladequately protect his own work from damage, w i l l protect theNCR property from injury or loss, and will take all necessaryprecautions during the progress of the work to protect allpersons and the property of others from Injury or damage.Contractor shall take all necessary precautions for the safetyof employees on the work, and shall comply with all applicableprovisions of the Federal, state and local safety laws andbuilding codes to prevent accidents or injury to persons on,about, or adjacent to the premises where the work is beingperformed.Contractor shall erect and properly maintain at all times asrequired by the conditions and progress of the work, allnecessary safeguards for the protection of workmen and the ,public and shall post danger signs warning against the hazardscreated by various features of construction and falling

.materials and he shall designate a responsible member of his/organization on the work, whose duty shall be the prevention| of accidents.Contractor shall adopt reasonable methods during the life ofthe Contract to furnish continuous protection to the site and /TVto work, materials, and equipment thereon to the end that loss v|£,fand damage may be prevented. He shall refuse entry to personsnot having business on the site. The Contractor shall beresponsible for the proper care and protection of all materialsdelivered and work performed until completion and final accep-tance, whether or not the same has been covered by partialpayments by Owner and whether or not the damage to his workwas caused by Contractor or by another Contractor or by others.

Q- LIENS - Contractor shall take such action as is permitted orrequired by law to prevent any lien from attaching to NCR'sproperty arising from the performance of this contract. Atthe time of each payment herein provided for, CONTRACTOR SHALLDELIVER TO NCR receipts or releases and waivers of all liensarising from material furnished or labor done under thisContract up to the time of such payment or payments. Neitherthe final payment, nor any part of the retained percentage,shall become due until Contractor shall deliver to NCR completerelease of all liens arising out of this Contract, or receiptsin full in lieu thereof, and an affidavit that so far as Con-tractor has any knowledge or information, the release orreceipts include all labor and material for which a lien couldbe filed.

-6-

I/IUNT A (Cont'd) ,7- ,-s; o? '.R. CONTff/.CTOR'S L I A B I L I T Y INSURANCE - Contractor shall maintain

at h^i expense sucrinsurance as w i l l f u l l y protect him fromclaimsy under Workmen's Compensation and Occupational DiseaseActs arid from any ether claims for damage for bodily injury,including death, and for property damage, which may arisefrom operations under this Contract, whether such operationsbe by Contractor or by any Subcontractor or anyone directlyor indirectly employed by either of them.

Contractor aVees tnat such insurance shall include thefollowing:

1. Workmen's Compensation Insurance'in compliance with theWorkmen's Condensation Act of the State wherein the workis to be performed, if such act requires part or all ofContractor's liability to employees for occupationalaccidents or diseases to be satisfied by such insurance.

2. Employer's Liability Insurance on all employees not coveredby a Workmen's Compensation Act, for occupational accidentsor diseases, with Mmits of liability of not less than$500,000.00 for any\one accident or disease.

3. Comprehensive Generator Manufacturer's and Contractor'sLiability Insurance, ^including contractual liabilityinsurance, with limitsVof liability of not less than$1,000,000.00 each occuVrence and $1,000,000.00 aggregatefor bodily injury including death, and $500,000.00 eachoccurrence and $500,000.00 aggregate for property damage.jf the work to be performed, by Contractor includes blast-ing or includes the gradingW land, excavation, burrowing,filling, backfilling, tunneling, drilling, pile driving,coffer-dam work or caisson woisk, or includes moving,shoring, underpinning, raisingW demolition of any build-ings or structure or removal or\rebuilding of any structuralsupport thereof, said policy of\nsurance shall not excludeinjury to or destruction of property arising out of orcaused by such work (and thus shal\ not contain exclusionsfor "XCUDE Hazards").

k. Automobile and truck l i a b i l i t y insurance (including hiredcar and non-ownership l i a b i l i t y insurance if any automobilesor trucks w i l l be hired by Contractor or\if its employeesw i l l use their personally owned vehiclesVn the businessof Contractor) with limits of l i a b i l i t y oKnot less than$300,000.00 each person and $500,000.00 eaoh occurrence forbodily injury, including death, and $100,00(i.OO eachoccurrence for property damage.

100379

EXHIBIT./. (Cont'd)

Certificates of Insurance showing compliance with theforegoKK) requirements shall be furnished by Contractorwhen it Tcturns signed Contract documents to IICR, saidcertificates to be inspected and approved by IICR beforeany work is commenced. The certificates shall statethat the policVor policies w i l l not be cancelled noraltered without at least ten days prior written noticeto NCR, The certificates shall also contain a statementas follows: "This certificate of insurance conforms toall terms and conditions (including coverage of theindemnity agreement) contained in the contract betweenthe named insured and NCRNCorporation". Such certifi-cates and such notices shaN.be sent to: NCR Corporation,1700 S. Patterson Blvd., Dayton, 'Ohio 45*179, Attention:Insurance Manager, at least ten\(IO) days prior to commence-ment of work on NCR property,If NCR shall so request, Contractedshall furnish NCRfor its inspection and approval sucrNpolicies of insurancewith all endorsements, or conformed specimens thereofcertified by the insurance company to 6^true and correctcopies.Maintenance of such Insurance and the performance by Con-tractor of his obligations under the foregoing\paragraphsshall not relieve Contractor of liability underNhJs indem-nity agreement set forth in their contract.

S. INDEMNITY - The Contractor agrees to protect, indemnify, saveand honi. harmless NCR, its officers, agents and employees,from and against all losses, costs and expenses, and from andagainst alNjiability, awards, judgments and decrees, of what-ever nature ft r any and al 1 damage to property of others andof the parti esNtereto, their officers, agents and employees,and of whatever nature for any and all injury or injuries(including death) ro any person or persons including the offi-cers, agents and emprewees of the parties hereto, arising orin any way growing out of any of the acts or omissions eitherof Contractor, Contractor** officers, agents or employees orof any subcontractor of Contactor, or the subcontractor'sofficers, agents or employees7\jn connection with the perfor-mance of the work under this contact.

T. FIRE IMS-RANGE - Contractor shall maintain fire and extendedcoverEQO irfsvrance and any other insurance necessary to coverContractor's and al I Subcontractor's tools, equipment, machinerysheds or other temporary structures, scaffolds and stages,protective fences,N»r bridges, forms, materials for work storedat the site, and miscellaneous materials and supplies necessaryor used by the work. (_}

-0- 100380

CXHIMT A (Conl'tl)

Tinr TO HATEBiAir. /inn OWNER'S INSURANCE - AH materialsfurnished Dy Contractor pursuant to this Contract shall be-come the sol\ property of the NCR upon incorporation thereofin the work, \r NCR is furnishing its own materials or ifNCR has specifically prepaid for any materials which shallbecome a part orSthe project or work then the NCR by virtueof having title shall arrange for the necessary Builders Riskor other insurance\CR deems necessary. Such insurance shallbe written for sole benefit of NCR.If NCR makes payment to Contractor on account of materialsdelivered and suitatxlv stored at the site, such materialsshall become the sole^roperty of NCR upon such payment.JOND - Contractor agrees to deliver to NCR at the request ofNCR a surety company bond in the amount of the Contract priceconditioned upon the Contractor's faithful performance of thisContract and payment of all obligations hereunder in such formas NCR may prescribe and with such Surety as NCR may approve.NCR shall pay such part of the premium charged by the SuretyCompany as is not in excess of the Surety Company's standardpremium, and NCR shall be entitled to any rebate, refund orcredit granted by such Surety Company.SUB-CONTRACTORS - Contractor shall, as soon as practicableafter the execution of the Contract, notify the NCR in writingthe names of Sub-contractors proposed for the principal partsof the work, and for such others as NCR may direct, and shallnot employ any that NCR may within a reasonable time object toas incompetent or unfit.If Contractor has submitted before execution of the Contract,a list of Sub-Contractors and the change of any name on suchlist is required in writing by NCR after such execution, thecontract price shall be increased or decreased by the differencein cost occasioned by such change.Cpr.t£.aclaL.ag£.ees that it is as fully responsiblejtojl££.forthe acts and omissions of its Sub-contractors, and of personsei'tHeT"tJ1rectly or indirectly employed by them, as it is forthe acts and omissions of persons directly employed by it.

contai nod in the contract dopumpnts ghai-i r.r.aatie any ..and NCR .

X. RELATIONS OF CONTRACTOR AND. SUO-CONTRACTOji - Contractor agreest o secure iTOiii every Sjjlfeco.nfX_a t£r_ari_afliu-Qment toJ}.e,...bgundby. the. .t_r.ni_...o.f.. the terms of the contract docjunients ins'otartlisthe same are ;ippl icabl6"to the work of such" Sub-contractor.

100381

A (Cont'd)

Contractor agrcicis that in its relations with employees, Sub- . •••••"contractors, and material men, it will perform all obligations „imposed upon It by low or agrecmant including, but not limited «... .to, the prompt payment of all sums when due under such agree- v....'mcntr; — ~ ~ ————— • — " -•••"•• " '" vAny cost caused by defective or ill-timed work shall be borneby the party responsible therefore.

Y, USE OF PREMISES - Contractor shall confine its apparatus, thestorage oPinaterial and the operations of its workmen to limitsindicated by\law, ordinances, permits or directions of NCR,and shall not unreasonably encumber the premises with itsmaterials. N

2. CUTTING AND PATCHING - Contractor shall do all cutting, fittingor patching of Contractor's work that may be required to makeits several parts come together properly and fit it to receiveor be received by work of other Contractors shown upon, or

-, reasonably Implied by the Dryings and Specifications for thecompleted structure, and C: ,t,ractor shall make good after themas NCR may direct.

: Contractor shall not endanger any work or existing structureby cutting, excavating, or otherwise altering the work, andshall not cut nor alter the work of any other Contractor savewith the consent of NCR.

,,\. CLEANING UP - Contractor shall at all times keep the premises"free from accumulations of waste material or rubbish caused byits employees, sub-contractors, or work, and at the completionof the work shall remove all its rubbish from and about thebuilding and all its tools, scaffolding and surplus materials,and shall leave its work "broom clean" or its equivalent,unless more exactly specified. In case of dispute, NCR mayremove the rubbish and charge the cost to the several Contrac-tors as it may deem just.

-10-

10038?

.7-3-7!*

•-- , •••'•' EXHIBIT B

•• »K!;;rs S!,"g SH»",»for entrance.

. - 'j5,« )». ffl» 'SSS iCtdepartment.

'• aisrwra'MSS s'i.s rts&c a-srffs.out the pass.

/.' ASA'a'S.'sswsr,"*'c> j-jprrsas.?!!'??.* -^-——h..'• ss snr«' ipi?i ffjssM!1 passesto'• «° "Ufi!S S'!fb S;?d BSliR.'S.Kffi;f! lral!«™o? loading and unloading onl(.

WRECKING CORPORATION OF AMERICAST. UOUIS, INC,

929 SCHOOL STIIEET, 9, W,, WASHINGTON, D, C, 20084 • 12021 994.7811SINCE

October U, 1979

NCR CorporationESM Dayton Purchasing DepartmentEngineering & ManufacturingDayton, Ohio 45479Attention; Mr. R.H. Holtvolght

Re: Meeting on October 9, 1979at N.C.R. Offices

Dear Mr. Holtvoight;Our position with respect to our discussions Is as follows:

1. That per my proposal letter of March 12, we offered abid price of a credit of 1WEOTY-FIVE THOUSAND DOLLARS(525,000) if we were to receive all the items listedin your letter of Feburary 22.My letter further stated that If you retained all the itemslisted In your letter that we wanted to be paid SEVHnv-FlVEmOUSAND DOLLARS (575,000) instead Of paying TOINIY-FIVE THOU-SAND DOLLARS (825,000). This results in a net change of ONEHUNDRED THOUSAND DOLLARS (3100,000) with respect to the PowerHouse alone. By your accepting our TWENTY-FIVE THOUSAND DOLLAR($25,000) credit In our proposal and contract, the ownershipof all those listed materials passed to Wrecking Corporationof America.

2. At no time was the switchgear in building No. 14 scheduled forsaving. Since the option of saving switchgear In the PowerHouse was listed, although not exercised, thai It is incon-sistent to N.C.R. to clainfchis switehgear in building No. 14without also having listed it( specifically.

3. The Turbine generator, aside fron being addressed In No. 1 above,presents additional questions.

It would be unreasonable to have an item which you sold to athird party remaining in a building which we were to derrolish.Liability for theft or damage to the unit or for Injury to thepeople removing the.unit would fall upon Wrecking corporationof America without our prior knowledge or consent. Since youhove no tine limit for the removal of the unit It creates a

• totally untenable working condition.since we had been advisedby Marion Carobell to begin our work in 15 after the 10th ofOctober.

*tter to Mr. R.H. HoltvoightPage Two

4. At no time did you reserve the right to take scrap metalsfrom the Power House for your own account. However, yourerroved the spare parts for the 15 equipment and scrappedthe building of items for sale as salvage.

5. We extended our proposal from June 1 to October 1 to accomo-date N.C.R. In the beginning of September I was asked byFacilities Planning and agreed to not begin major work un-til after October 15 because of community problems but wasinstructed to begin work in the Power House after the 10thof October.

At our meeting you advised that the Power Plant was stilllive and would probably be shut down this coming weekend.You further indicated that it may be another month beforedemolition can commence,

It astounds me that we had not been advised of this priorto our meeting since we have a major mobilization of equip-ment and personnel in progress for your project. Fortunately,we have a project for G.M. (Frigidaire) where we will attemptto shift some of our people and supplies. We will advise youof those costs which we are not able to absorb,

6. Per my maigram of September 4, 1979 you refused admittanceto our representative for the sale of values from the pro-ject. This man came from California specifically for theseitems and was told at the gate that he would not be allowedinto the site until after the meeting we held yesterday. Hewas not told he needed to have a Wrecking Corporation of Americarepresentative with him.

Our position, therefore, is this. We entered into a major demolitionproject predicated on a critical time schedule where salvage Income re-presented the major source of revenue.

We were specific in our proposal as to why and under what exclusionswe offered credits.

Your actions have currently cost Wrecking Corporation of America atonafide sale for ONE HUNDRED Fim-TOO THOUSAND DOLLARS (3152,000) .

We were offered a package proposal as follows:

A. Switchgear #5 352,000B. Switchgear #14 10,000C. Turbine #5 10,000D. All metals, values

and useabies 80,0008152,000

to R.H. HoltvoightPage Three

We accepted that proposal and proceeded with the sale until our ,-,dispute came to light. ( }

Since our meeting, I have gone tack to the purchaser to see whatpart he was still interested in and in light of the fact that the switch-gear is being removed by N.C.R. right now.

He has stated that he had a sale for the No. 5 switchgear forEIGHTY-FIVE THOUSAND DOLLARS (385,000) which was the profit he an-ticipated from the entire package. (385,000 - 52,000)

His interest, consequently, for the remainder has been reducedas follows:

Switchgear #14 $10,000All Metals etc. 70,000Total Sale

380,000

Therefore, Wrecking Corporation of America has a loss of SEVENTYTHOUSAND DOLLARS (370,000) in income plus the value of the scrap materialstaken from the Power House.

We have made every effort to acconrodate you on this project andtrust an equitable solution can result. Please contact on receipt sothat the project can move forward in a timely manner.

Very truly yours, f'~WRECKING/»RPORftnON OF AMERICA, ST. LOUIS, INC.

Michael P. AmannPresident

MAP/ls

'X .w

NCRNCR Corporation _________________________ INTRA CORPORATION

one: October 24, 1979To' Mr. R. H. Holtvoigt

Locwioni E&M-Dayton Purchasin

From: M. L.Location: Mfg. & Facilities EngineeringSubject: NCR Retained Items In Demolition Area.

The Items listed below are to remain the property of NCR andmust be protected by the demolition contractor,

Post Indicator ValvesFire Hoses and NozzlesFire ExtinguishersFlow AlarmsFire HydrantsDry Pipe System Valves & Associated Equipment

These Items will remain active and will be deactivated andremoved by NCR Personnel as demolition progresses.The Demolition Contractor may remove all electrical undergroundcables outside the buildings to the first manhole outside thebuilding.Any cable to be removed beyond the first manhole will be Identi-fied by NCR personnel. At this time, the determination will bemade who will remove the cable. Terms for removal of the cablecan be negotiated with the demolition contractor or some otherparty.

MLC/cw

ioo3(•at

NCR Corporaiion______ _Engineering and Manulacturmg-Daylon ', \^Dayion. Ohio 45479

October 29, 1979

WRECKING CORPORATION OP AMERICA525 School Street, S.W,Washington, DC 20021)Attn: Mr, Michael P. Amann

Gentlemen,I am writing this letter In order to bring you up-to-date withthe situation at NCR as far as our demolition project Is con-cerned. As I indicated to you the other day on the phone, NCRIs prepared to turn building #11, llA and 15 over to you as ofOctober 21 for you to begin phaseone of our project. The build-ings and their contents are yours except for the following itemswhich are to remain the property on NCR and must be protected byyou from any and all damages;

a) Post Indicator Valuesb) Fire Hoses and Nozzlesc) Fire Extinguishersd) Flow Alarmse) Fire Hydrantsf) Dry Pipe System Valves and Associated Equipment

These items will remain active and will be deactivated and removedby NCR personnel as demolition progresses.

All additional items, including the Switchgear in Building ll,left within the job site may be disposed of by you. However,because of the Federal Regulations concerning the disposal ofequipment containing PCB fluid, NCR must insist that you sign adocument attesting that you are completely aware of the dangersInvolved and all applicable regulations, and that you will holdNCR harmless from any and all claims which might arise as aresult of your disposal activities.I have also been asked by my Facilities Engineering Departmentto convey the following information to you. At this time, youmay remove all electrical underground cables to the first manholeoutside the building. Cable to be removed beyond the first man-hole will be identified by NCR personnel at a later date and adetermination will then be made as to the method of disposal.

*00388

Mr. Michael P. AraannWRECKING CORP. 0~ AMERICA -2- October 29, 1979

During our conversation you requested an update on the schedulefor Building 5. We anticipate turning Building 5 over to you onor shortly after January 2, 1980. Disconnect and removal of allDP&L equipment wiUl begin on November 8 and continue through themonth. DP&L stages that it will take them thirty (30) days tocomplete this operation. The balance of December will be requiredfor the removal sf the remaining Switchgear and final shutdownwork by NCR personnel.On several occasi-ons you have expressed concern over the removalof the #2 Turbine because of undue liability which you might haveto assume. This situation has been completely resolved and youneed not be concesrned. The buyer has elected not to purchase theunit and it will t>e left in the building by NCR.

I am aware that :."3R and WRECKING CORPORATION OF AMERICA haveexperienced some misunderstanding In getting this project off theground. I hope that these problems have been resolved and thatwe can now get or- to the Job at hand. In order to facilitatethis and to ensure that future misunderstandings are eliminatedI must insist thai all matter involving any modification, addition,or deletion from "he contract specifications be accomplished inwriting and appro-.'ed by this office and yourself.If you have any questions concerning these matters please contactme at once.Sincerely yours,

ftteyfRalph Holtvoigt, Senior BuyerE&M-Dayton Purchasingcc: Marion Campbell/

Negley Crlbbs */Al Freudenberger

100389

NCRNCR CorporationEngineering and Manufaclurlng-DayionDaylon, Ohio 45479

January 7, 1980

Wrecking Corporation of America, Virginia. Inc.525 School Street, S.W.Washington, D.C. 20021Attention: Mr. Michael P. Amann

Ref: Letter of December 17, 1979

Gentlemen,

I have reviewed your letter of December 17 with our FacilitiesEngineering Department. Candidly, we find it difficult tounderstand your negative response concerning the scheduleadjustments which we made. You are apparently under theImpression that NCR arbitrarily altered Its demolitionschedule without your prior approval. This, however, Is notthe case. The adjustment which was made simply fulfilled acommitment which NCR made to you in Its proposal form, sectiontwo (copy attached) within which it was stated that "In theevent that the starting date is delayed by owner (NCP),adjustment to the schedule will be made accordingly to thecontractor." Since the starting date was delayed by NCRfrom October 1 to October 29 a corresponding adjustment wasmade in the original schedule with the exception of Building iP5,since you have, on a number of occasions, expressed an Interestto eet into It as quickly as possible,

BUILDING ORIGINAL CHANGED————— START FINISH START FINISH

15 10/1/79 1/31/80 10/29/79 3/1/80HA 11/1/79 2/29/80 12/1/79 1/1/8011 12/1/79 1/30/80 1/1/80 5/30/805 2/1/80 1/30/80 2/1/80 1/30/80

I, likewise, adjusted the schedule for Step I of our project asspecified in our General Conditions, Article 3, Section Eaccordingly

ORIGINAL CHANGEDSTART FINISH START FINISH

10/1/79 11/30/79 11/1/79 12/31/79

100390

It Is obvious that this action does not constitute a change,alteration, or modification of our contract, but an adjustment ,-,.of schedule necessitated by a delay In starting date caused (by NCR which, therefore, does not require your prior writtenapproval. However, for your Information, this adjustment;was discussed with an approved by Marty Heltz before theadjustment was formalized.

Throughout the month of December Marty, on a number ofoccasions, assured us that Step I would be completed on orbefore December 31, a commitment which you do not chose tohonor In your letter of the 17th and In fact did not honorsince the work was not completed. This situation has causedus a great deal of concern, We are uncertain as to whatauthority Marty has for making decisions and/or commitmentsfor Wrecking Corporation, and we request an immediate clari-fication from you to hopefully avoid further misunderstanding.

As you are probably now aware a meeting was held here atNCR on January 3 with Marty. We discussed our entire programwith emphasis on completion of Step I. Marty has now assuredus that Step I will be completed by January 11. This date mustbe met or our entire construction program Is in Jeopardy,

At this meeting, Marty was given proposed demolition schedulesfor all phases of our program (copies attached), We requestedthat these forms be completed and approved by an authorizedrepresentative of Wrecking Corporation. ^-We also established that a "weekly progress meeting" will be v~"held each Friday morning at 8:00 AM In order to discuss theprogram In general and to address any specific problemswhich may arise. Minutes of these meetings will be kept andcopies will be provided to both Marty and yourself. It Isfelt by all concerned that this will alleviate many possiblefuture misunderstandings,In conclusion, let me state that it is not NCR's position inthis matter to make demands upon you or your company which arenot oonslstant with our contract, Its terms and conditions orspecifications. If you have any questions on this matter orany other subject concerning our working relationship, pleasecontact me at once.Sincerely yours,

Ralph Holtvoigt, Senior BuyerE & M - Dayton Purchasing

cc: Marion CampbellNegley CrlbbsAl FreudenbergerGeorge FunkeMarty Heltz 10039f

--x NCR Corporation

o

Engineering and Manulaciunng-DaytonDayton. Ohio i5479

November 29, 1979

WRECKING CORPORATION OF AMERICA525 School Street, 3. W.Washington, DC 20021

Attention: Michael P. Amann

Gentlemen,As previously agreed NCR is adjusting Its demolition scheduleto compensate for the unavoidable delay of one month in startingwork, I am enclosing copies of the revised General Conditionsand Instructions for your records.You will note that the dates for Building #5 have not been changed.Hopefully, they may be moved in. I will keep you advised as thesituation develops,As you are aware a meeting was held here last Tuesday with Martyand Jim. The Initial phase of our project was discussed and atimetable was established to complete the work referenced In ourGeneral Conditions (Article 3, Section E). Marty assured us thatall work would be complete on or before December 31, 1979. Thisdate is critical and must be met.

In addition, I am enclosing a copy of the Indemnity Agreementwhich Marty signed in connection with the disposal of the trans-formers located In Building iCll.Sincerely yours,

Ralph H. Holtvoigt, Senior BuyerE&M-Dayton Purchasing, 28-3RHH/Jsg

cc: Marion Campbell 100392Enclosure''

INSTRUCTIONS

FOR THE

DEMOLITION OF BUILDINGS.

ll-HA-15 .5

!,

ADJACENT TUNNELS

FOR

NCR CORPORATION

ENGINEERING & MANUFACTURING-DAYTON

DAYTON. OHIO

CONTRACT 001-31516-RHH

7-9-79

O100393

1.01 PROJECT DESCRIPTION

The project consists of the demolition of four (1) buildings(including adjacent tunnels as specified on drawings);1. Building 15 - 123.196 sq. ft.

.A one story steel frame with mezzanine, Exteriormasonry walls with steel windows, Metal deck roof,partial concrete topping, insulation and built-uproofing,

2. Building 11A - 115,200 sq. ft. )__ g t buildingsbuilding 11 - 290,810 sq. ft. )—— ° story °ulldlnSs

' Exterior masonry walls with wood windows, Wood deckroof with built-up roofing. First floor is concrete.The remaining floors are 2x6 wood pack flooringcovered with hardwood.

3. Building 5 (Power House) - 61,111 sq. ft.

Consists of an ash tunnel, boiler room, engine roombasement, engine room, coal storage, cable room,switchboard room water softener room, condenser roomand 275,000 gallon oil storage tank. Smolce stack is237* above boiler room floor, I.D. l1'6" and O.D.20«8" at base, I.D. H'O" and O.D. l6'3" at top.Building is partially reinforced concrete and par-tially steel frame. Exterior masonry walls withsome wood and some steel windows. Wood deck roofwith built-up roofing.Engine Room has wood floors. All the remaining floorsare concrete.

1. Tunnels

Tunnels average 10' wide by 8' high, Total combinedlength of tunnels to be removed is approximately 900

. feet. Tunnels are reinforced concrete construction.NOTE; In these instructions, tunnels are generally

specified as adjacent portions of the buildingsbeing demolished.

100394-2-

1.02 DATES FOR DEMOLITION

Building 15

Start on or bofore October 29, 1979,Complete on or before March 1, 1980,

Building HAStart on or before December 1, 1979.Complete on or before April 1, 1980.

Building 11

Start on or before January 1, 1979.Complete on or before May 30, 1980.

Building 5Start on or before February 1,1980.Complete on' or before April 30, I960,

Adjacent Tunnels

Tunnels to be demolished in same time-frame as buildingunder which specified and shown on drawings.

100395

P.O. tfOI-31516-RHH7-9-79

o

SECTION 1A

GENERAL CONDITIONS

The following General Conditions are for the guidance of alltrades and section of the work and shall be considered asforming ^ part of each section of these specifications, andas such Shall be binding upon each separate branch of thework insofar as they may be in any way applicable thereto.Failure of Contractor and/or sub-contractors to take cognizanceof the General Conditions will not relieve him from complyingwith all the provisions thereof.

TABLE OF CONTENTS

Article Jo. ' Article TitleArticle 1 - DefinitionsArticle 2 - Scope of WorkArticle 3 - Drawings and SpecificationsArticle H - Demolition - GeneralArticle 5 - ' Interference with OccupancyArticle 6 - Accidents

Exhibit A

-I"

ARTICLE 1 - DEFINITIONS—————• ——•————

A. "Contract Documents" as used herein, shall include the Agree-ment, drawing, specifications, General Conditions, applicableaddenda, and any modifications thereof incorporated inDocuments before their execution.

B. "Owner" refers to and indicates the NCR Corporation, or itsduly authorized representative.

C, "Contractor" refers to person, firm or corporation with whomthe contract is made by the Owner, Only Prime Contractorsare recognized as a party of the contract and where the term"Contractor" is used, the Prime Contractor is referred to.The term "Contractor" as used herein shall mean the person,firm or corporation named in the Agreement who will performthe work described herein. Where sub-contractors are re-ferred to, it has been convenience only. Nothing containedIn this contract shall create any contractual relation be-tween any sub-contractor and the Owner,

D. "Sub-contractor" refers to a person, firm or corporation s~,other than an employee of the Contractor, who contracts with (•';}the Contractor to furnish labor, or labor and materials, at -^the site of the work. The term also Includes sub-contractorsof a sub-contractor, but it does not Include material men -one who furnishes materials not worked to a special designaccording to the drawing and specifications.

E, "Provide" shall be Interpreted as meaning "Furnish andInstall, complete in place, ready for use or operation, inaccordance with the Terms of the Contract Documents".

F. Words "as required", "as directed", "as permitted" and wordsof like import mean that requirements, direction or permis-sion of Owner are intended; similarly, the words "approved","acceptable", "satisfactory", or words of like Import shallmean "approved by", "acceptable to" or "satisfactory to"Owner.

G. Laws of place of building shall govern work of the Contract.

O1003J7

fflTICLE 2 - SCOPE OF WORK

O

A, The Contractor shall furni,s.h all permits, materials, labor,tools, pi ant, <equipment, transportation, 'insurance, taxesand all other services necessary to complete the demolitionand removal of debris for the demolition of Buildings 14-14 A- 15 and 5 at the NCR Corporation, Dayton, Ohio 45479as shown and specified, and ..subject to the terras and condi-tions of the Contract.

ARTICLE 3 - DRAWINGS AND SPECIFICATIONS

A, Specifications and drawings shall be considered to be comple-mentary, so that anything shown on' the drawing and notmentioned in the specifications, or anything mentioned Inthe specifications and not shown on the drawing, shall beprovided by the contractor as though shown on and mentionedIn the drawing and specifications.

B. Figured dimensions and marked data shall take precedence overscale measurements and details shall take precedence oversmaller scale general drawing. Should any conflict occur Inor between drawing and specifications, contractor Is deemedto have estimated on, and agreed to provide the greater quan-tity or better quality of materials and work unless he shallhave, before submission of proposal, asked for an obtainedwritten decision of Owner as to which method or materialswill be required.

C. If work is required in a manner to make it impossible toproduce first class work, or should discrepancies appearbetween the various contract documents, or if contractor hasany questions regarding the meaning of contract documents,contractor must request owner's interpretation and clarifi-cation before proceeding with work. If contractor fails tomake such request, no excuse will thereafter be entertainedfor failure to carry out work In satisfactory manner.

D. Contractor, by proceeding with any work, acknowledges thatdrawing and specifications relating thereto are sufficientfor their intended purpose, I.e., the complete demolition ofthe project, or portion of the project to which they mayrelate.

O'"0398

ARTICLE 3 - DRAWINGS AND SPECIFICATIONS (Cont'd)

Demolition of Building 15 to start at west end and proceedeast, The south 120' of the building to be removed andcleaned up including the removal of the concrete floorbefore January 1, I960. Demolition of Building 14A to bestarted and the south 18 bays removed and cleaned up In-cluding the concrete floor by January I, 1980. Proceednorth in 14A and then west thru the remaining portion ofBuilding 15, completing the 14A-15 demolition process.The Building 14 demolition can be started during the finalI4A and 15 demolition stage at the discretion of the demoli-tion. Contractor as long as the demolition of 14A and 15 arenot 'delayed.

F. Building 14 must be demolished from east to west.

G. Building 5 will' be started and finished on dates as speci-fied.

H. Buildings 15 and 14A must be separated from Building 28 aminimum of 20 feet total height before conventional demoli-tion of either building is started.

I. The area north of K Street (site of former Buildings 2 and 4)to be filled and top soil applied.The area to be backfilled with properly placed solids,(concrete, brick and masonry materials obtained from NCRproperty only) not to exceed one cubic foot In size. Back-fill to be covered with a minimum of 16" of clay sub-soilcompacted to density not less than 95% proctor to within6 Inches of existing grades. No sink holes permitted.Cover entire area with 6 Inches of top soil matchingexisting grades on all sides. No pot holes' permitted,Area must drain properly.

J, There''shall be no burning of rubbish or debris of' any kindon.the premises. sr\

ARTICLE 3 - DRAWINGS AND SPECIFICATIONS (Cont'd)

K, Debris shall not be allowed to accumulate, Excess debrisand waste material shall be removed from the site as workprogresses.

L, The Contractor shall observe City of Dayton and Owner'sfire department regulations and directions, especially withrespect to use of cutting torches,

ARTICLE 4. - DEMOLITION - GENERAL

A. All services and utilities required to remain in operationwill be identified by Owner and must be protected from anyand all damage.

B. Manholes and manhole covers to remain will be Identified byOwner and must be protected from any and all damage,

C. Contractor to plug storm and sanitary sewers with 12" mini-mum of concrete before start of demo) tion. Locations tobe identified by Owner.

D. The underground fire pump enclosure to be protected fromany damage.

E. The total a.oa vacated by the demolition of Buildings 15-14and 14A to be graded to elevations specified by Owner.Backfill to be clay subsoil compacted to density not lessthan 95% Proctor to within 8" of specified grade. Coverentire area with #304 stone a minimum of 6" deep.

F. The total area vacated by Building 5 backfilled withproperly placed solids, (concrete, brick and masonrymaterials obtained from NCR property only) not to exceedone cubic foot in size. Backfill to be covered with a mini-mum of sixteen (16) Inches of clay sub-soil compacted todensity not less than 95% proctor to within six (6) inchesof existing grades. No sink holes permitted.Cover entire area with a minimum of six (6) Inches of topsoil matching existing grades on all sides, No pot holespermitted. Area must drain properly.

100400-5- ,

ARTICLE 4 - DEMOLITION - GENERAL (Cont'd) _/—— ~~— —— 0G. All services and utilities not mentioned will be disconnected

and capped off by Owner.

H, All foundations to be removed 24" minimum depth below speci-fied grade lines, Basement and all underground floors tobe sufficiently cracked to permit drainage.

I, All tunnel tops to be removed and sldewalls to be removed aminimum depth of 24" below grade. Tunnel floors to be suf-ficiently cracked to permit drainage. Tunnel voids to bebackfilled with properly placed solids (concrete, brick andmasonry material obtained from NCR property only) not toexceed one cubic foot in size. Backfill to be covered witha minimum of 24" of #304 stone up to grade level.

J. Tunnels to be blocked with 12" minimum thick reinforced con-crete. Use 1/2 0 rods 12" O.C. both directions. Tie Intoexisting walls, celling and floor using 1/2 0 rods 24" long(1/2 of 24" length in walls, ceiling and floor and 1/2 of 24"length Into new wall). Adjoining walls, ceiling and floorsto be scored and stripped of all paint, grease or any other /f .material, Outside walls to be waterproofed and sealed. No \jJleaks. Work to be completed before start of demolition.

K. All trees must be protected from any and all damage.

ARTICLE S - INTERFERENCE WITH OCCUPANCY

A. Existing adjacent buildings are at present occupied by Ownerand others In conduct of their business and will continue tobe occupied by them throughout the work under this contract.

B, Work herein contemplated to be performed, shall be carriedon in such manner and at such times as to Interfere as littleas possible with occupants of premises and normal conduct ofbusiness therein and adjacent thereto.

C. The Contractor shall comply with the Owner's and the building"plant, (protection force" and regulations with respect to hoursof work, use of elevators, delivery areas, no smoking and any /r,other requirements. The contractor shall, confer with the n )Owner to determine for himself the regulations affecting the ^^conduct of his work.

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ARTICLE 6 - ACCIDENTS

O

A. The Contractor shall provide at the site, and make availableto all workmen, medical supplies and equipment necessary tosupply first aid service to all persons injured in connection

the work.supplwith

B. The Contractor shall report any and all accidents in writingto insurance company and Owner within 24 hours of occurrence.The report shall contain the following information and itshall be the responsibility of the contractor to have anaccident report filled out in triplicate and submitted as'required above with (I) Name of person or persons and homeaddress, (2) location of occurrence, (3) Time of day anddate, (4) Description of occurrence, (5) statements of witness,and (6) signature of Contractor's superintendent.

C. In addition, If death of serious Injuries or serious damagesare caused, the accident shall be reported by the Contractorto the Owner Immediately by telephone or messenger. If anyclaim is made by anyone against the Contractor or any sub-contractor on account of any accident, the contractor shallpromptly report the facts in writing to the owner, givingfull details of the claim.

U-7-

100402

INDEMNITY AGREEMENT

THIS AGREEMENT made this Z° day of November 1979,

between WRECKING CORP. OP AMERICA, herein referred to asIndemnitor, and NCR CORPORATION, herein referred to asIndemnitee,

In consideration of the sun of One Dollar ($1,00) andother good and valuable consideration, receipt of which ishereby acknowledged, it Is agreed:

Indetnnitor undertakes to indemnify Indemnitee from anyand all liability, loss or damage Indemnitee maysuffer as a result of claims, demands, costs, orjudgments against it arising from private causes ofaction by any party as well as any governmental causeof action whether it be from federal, state or localgovernment agencies or authorites resulting fromIndemnitee's providing two 1,500 KVA General ElectricClub Station Transformers, which were located In whatis commonly referred to as NCR Building 11 on thesecond floor thereof, Indemnitor acknowledges that it is

aware of the fact that these transformers containpolychlorinated biphenyls (PCB) and Indemnitor acknow-ledges that it is aware of all regulations, requirements,

and duties which must be complied with when procuring,handling, selling, or otherwise disposing of PCB materials.Indemnitor further expressly agrees to assume total

100403

oresponsibility for said transformers containingPCB and hold Indemnitee harmless from any and allresponsibility, liability or duties assooiated

with the possession, transfer or disposal of said

products. Any liability resulting from Indemnltorsor Indemnitees actions or inactions resulting fromsaid products shall be borne solely, and without

right of contribution from Indemnitee, by Indemnitoras set forth herein.

It is understood and agreed that this Indemnity Agreementis incorporated into and made a part of the contract between

x-\ the parties dated li/W /f 1 _____ , as the Indemnity

Agreement shall commence on the date of execution hereof,

WRECKING CORP. OF AMERICA

ByMichael P. Amann

NCR CORPORATION

O100404

NCR CorporationEngineering and Manufacturing-DaytonDayton. Ohio 45479

January 7, 1980

Wrecking Corporation of America, Virginia, Inc.525 School Street, S.W.Washington, B.C. 20021Attention: Mr, Michael P. AmannRef: Letter of December 17, 1979

Gentlemen,I have reviewed your letter of December 17 with our FacilitiesEngineering Department, Candidly, we find it difficult tounderstand your negative response concerning the scheduleadjustments which we made. You are apparently under theimpression that NCR arbitrarily altered its. demolitionschedule without your prior approval. This, however, is notthe case. The adjustment which was made simply fulfilled acommitment which NCR made to you in its proposal form, sectiontwo (copy attached) within which It was stated that "In theevent that the starting date is delayed by owner (NCP),adjustment to the schedule will be made accordingly to thecontractor." Since the starting date was delayed by NCRfrom October 1 to October 29 a corresponding adjustment wasmade in the original schedule with the exception of Building 15,since you have, on a number of occasions, expressed an Interestto get Into it as quickly as possible,BUILDING ORIGINAL CHANGED————— STAET FINISH START FINISH

15 10/1/79 1/31/80 10/29/79 3/1/80HA 11/1/79 2/29/80 12/1/79 1/1/8011 12/1/79 1/30/80 1/1/80 5/30/805 2/1/80 1/30/80 2/1/80 1/30/80

I, likewise, adjusted the schedule for Step I of our project asspecified In our General Conditions, Article 3, Section Eaccordingly

ORIGINAL CHANGEDSTART FINISH S_TART FINISH

10/1/79 11/30/79 11/1/79 12/31/79

100405

It Is obvious that this action does not constitute a change,n alteration, or modification of our contract, but an adjustment

of schedule necessitated by a delay In starting date causedby NCR which, therefore, does not require your prior writtenapproval. However, for your information, this adjustmentwas discussed with an approved by Marty Heltz before theadjustment was formalized,Throughout the month of December Marty, on a number ofoccasions, assured us that Step I would be completed on orbefore December 31, a commitment which you do not chose tohonor In your letter of the 17th and in fact did not honorsince the work was not completed. This situation has causedus a great deal of concern. We are uncertain as to whatauthority Marty has for making decisions and/or commitmentsfor Wrecking Corporation, and we request an immediate clari-fication from you to hopefully avoid further misunderstanding.As you are probably now aware a meeting was held here atNCR on January 3 with Marty. We discussed our entire programwith emphasis on completion of Step I. Marty has now assuredus that Step I will be completed by January 11. This date mustbe met or our entire construction program is In Jeopardy.

OAt this meeting, Marty was given proposed demolition schedulesfor all phases of our program (copies attached). We requestedthat these forms be completed and approved by an authorizedrepresentative of Wrecking Corporation.We also established that a "weekly progress meeting" will beheld each Friday morning at 8:00 AM In order to discuss theprogram in general and to address any specific problemswhich may arise. Minutes of these meetings will be kept andcopies will be provided to both Marty and yourself, It isfelt by all concerned that this will alleviate many possiblefuture misunderstandings.In conclusion, let me state that it Is not NCR's position inthis matter to make demands upon you or your company which arenot consistent with our contract, its terms and conditions orspecifications, If you have any questions on this matter orany other subject concerning our working relationship, pleasecontact me at once.Sincerely yours,

Ralph Holtvoigt, Senior BuyerE & M - Dayton Purchasingcc: Marion Campbell

Negley CrlbbsAl FreudenbergerGeorge FunkeMarty Halt* 10Q406