SERVICE and Supply CONTRACT NO. 7401-37-4 I This subcontract is entered into this 2nd day of June 1943, by and between the University of Chicago, R c orporat ion not for pecuniary . profit organized under the laws of the State of Illinois, located in Chica.go, Illinois, (hereinafter called the “Contractor”), m-d tho Cnlumet and Hock ConsolidntGd Copper Company (Wolvarino Tuba Division) organizad under the laws of tho Stnta of Michigan, located in Datroit, Michignn, (hcrcinaftor cnllod tha “Subcontractor”). WHEREAS, the Contraotor has hcrctoforo ontor!.d into a contract with the Unitod Stntas of America (rcpresentcd by its duly nuthorizad Contrncting Officer) under contrc.ct dasignatod ns No. W 74010 ong. 37, supplements thorc- to and cxtcnsions thoroof, to pcrform cort3i.n work ns thcrcin spccifiod, and WHEREAS, the Contrcctor dosiros tho Subcontrnctor to conduct ccrtnin studios and ptzrform certain cxpor imontal invast ignt ions hcrcinaftcr spccif iod, said work baing within tha soopo of tho aforoscid prime contract: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS : ARTICLE I -- SUBJECT WORX The Subcontractor shall with the utmost dispc,tch rnd in accordznco with the instructions of tho Contr:;.ctor supply the nocessr.ry parsonncl and facilities for and conduct studios and oxporimontal invostigc.tions in conncc- tion with dcvolopmont of m&hods of fabrication of metallic tubing of various cross-sections end application to production of mctnllic sheaths. 1. Tho Subcontrector shall furnish the usa of its oxtrusion press and the nocossnry porsonnol nnd cquipmont for the operation of sr,id pross, end such additional pcrsonnol ns mc,y bo rcquirod to davclop m&hods of fcbric:.tiGn of mctcllic tubing of various cross-3oct ions, r.nd npplic?tiJn to the production of matnllic shanths. 2. In consideration of tho Subcontractor *s undertaking hcrcto, tho Subcontractor shall rocoivc the sum of: (c) for u3c of extrusion press, inoluding all direct and indirect labor costs, cost of oporction clnd mnintonnncc of snid press, nnd all insurance nnd ovcrhond,- at n rnto por hour - - - - Ono Hundrod Dollczrs - - - $100.00 (b) for r,ny mntorinl drnwn fran stock, fabricGtod, or specially suppliod or oxtrudcd, the ordinary normal salt or lot price, shippod colloot, without cny additional hcndling chnrgo or other oxpcnsc of any kind on tha sc.id,,mntc i 1 to the Con- trcctor. Cjas$fi&iOn cancelred - 7lh bCWaCat contairu infomatjo dch* of the United Staten wit baage Act. U. S. c. 50; or tk oc it
Transcript
SERVICE and Supply CONTRACT NO. 7401-37-4
I This subcontract is entered into this 2nd day of June 1943, by
and between the University of Chicago, R c orporat ion not for pecuniary . profit organized under the laws of the State of Illinois, located in Chica.go,
Illinois, (hereinafter called the “Contractor”), m-d tho Cnlumet and Hock ConsolidntGd Copper Company (Wolvarino Tuba Division) organizad under the laws of tho Stnta of Michigan, located in Datroit, Michignn, (hcrcinaftor cnllod tha “Subcontractor”).
WHEREAS, the Contraotor has hcrctoforo ontor!.d into a contract with the Unitod Stntas of America (rcpresentcd by its duly nuthorizad Contrncting Officer) under contrc.ct dasignatod ns No. W 74010 ong. 37, supplements thorc- to and cxtcnsions thoroof, to pcrform cort3i.n work ns thcrcin spccifiod, and
WHEREAS, the Contrcctor dosiros tho Subcontrnctor to conduct ccrtnin studios and ptzrform certain cxpor imontal invast ignt ions hcrcinaftcr spccif iod, said work baing within tha soopo of tho aforoscid prime contract:
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS :
ARTICLE I -- SUBJECT WORX
The Subcontractor shall with the utmost dispc,tch rnd in accordznco with the instructions of tho Contr:;.ctor supply the nocessr.ry parsonncl and facilities for and conduct studios and oxporimontal invostigc.tions in conncc- tion with dcvolopmont of m&hods of fabrication of metallic tubing of various cross-sections end application to production of mctnllic sheaths.
1. Tho Subcontrector shall furnish the usa of its oxtrusion press and the nocossnry porsonnol nnd cquipmont for the operation of sr,id pross, end such additional pcrsonnol ns mc,y bo rcquirod to davclop m&hods of fcbric:.tiGn of mctcllic tubing of various cross-3oct ions, r.nd npplic?tiJn to the production of matnllic shanths.
2. In consideration of tho Subcontractor *s undertaking hcrcto, tho Subcontractor shall rocoivc the sum of:
(c) for u3c of extrusion press, inoluding all direct and indirect labor costs, cost of oporction clnd mnintonnncc of snid press, nnd all insurance nnd ovcrhond,- at n rnto por hour - - - - Ono Hundrod Dollczrs - - - $100.00
(b) for r,ny mntorinl drnwn fran stock, fabricGtod, or specially suppliod or oxtrudcd, the ordinary normal salt or lot price, shippod colloot, without cny additional hcndling chnrgo or other oxpcnsc of any kind on tha sc.id,,mntc i 1 to the Con- trcctor. Cjas$fi&iOn cancelred -
7lh bCWaCat contairu infomatjo dch* of the United Staten wit baage Act. U. S. c. 50; or tk oc it
. ’ x’- /. -
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(c) For other sorviocs as furnishod, tho Suboontrnctor shall rocoivo payment on an nctuc.1 cost basis nt the follTling rntos including all ovcrhond :
per hour por hour per hour per hour por h;ur per hour per hour par hour per hour
Noto: In conncctionM?ih tho nbovo hourly rntcs, the wcrhacd for ench dopcrtmont is computed on e.n hourly rr.to :,nd the rcl.tc cxprosscd is tho total ohargo for the direct labor and ovorhoad.
(d) Roimbursomont for nil ncoossary trnvcl oxpenscs r-s r.uthorizcd by tho Contractor.
(0) Rcimbursomont for the cost of cl1 tologrqh and tolcphono oxponscs 0
Note : The rctcs o.nd terms spccificd nbovc will constitute full compensation to tho Subcontractor for all work nnd scrvicos to bo pcrfJrmod hcrcundcr,
ARTICLE II -- TERM
1944, Tho Subcontractor shall proocod with the subject work until 30th June
or until such l:.tcr dnto as mcy bo authorized in writing by tho Contrr.ctor and agreed to by the Subcontractor; such csmplcti?n date in n3 cvont, huwcvcr, to cxtond boyond the dr.tc 3f tcrminction of primo contract ND. W 74010 cng, 37*
ARTICLB III -- PAYMENTS
Tho Subcontrc.ctor shc.11 be pnid at tho ond of oclch calcndnr month or ns so3n thcrcnftor 1;s practioablo at tho rntos stipul::tcd hcrcin for scrviccs rondcrcd, less doductisns if any, as hcrcin prDvidcd, upon the submission of properly cortificd and correct invJicos or vouchors prcpcrcd in quintuplicnta, an8 boaring coda description number of tl-sis sUbCOntrF.& (W 7kOl- Gngc 370 4).
The, total 6stimctcd csst of this contrcct for the pcri3d from 2nd June 1943 to 30 June 19&, is twenty-nine thousnnd fiva hundred dollr.rs ($29,500.00).
.Thc Subcontractor shall not bo obliged to proceed with the work when thct ,ammnt of cost is incurred unless aclrlitiannl autharizztion ti, incur casts is mado by the Contractor.
ARTICLE IV -- ASSIGNXEKC OF RIGHTS HEREUNDER
Neither this subcontrr.ct nor e,ny interest thcroin or claim thoroundcr shnll bo cssignod or trnnsfcrrcd by the Subcontrnctor to any othor porty or pnrt its.
, The Cgntrnctz mc.y r?.t nny time, by writton Xdor, issue ndditi:lnr.l instructiJns 3r rcquirc &!itional work or scrvicos to 50 pcrfarmod hcrcundor by the Subcontrcctor with the written cJnacnt 9 the Subcontrnct3r, or direct the omission sf work or services covered by this subccntrc.ct. If such ohangcs
. cau~c r, mc.tcrj.nl incrc::so or dccrtxsc in the amount or chr.rnctcr of the work or scrvicos to bc pcrfzmod under the subcontrz.ct, the subcontrect shr.11 bc mod if ict: in writing accord ingly.
ARTICLE VI -- PATENTS
It is undcrstocd c.nd ngrccd thr.t whcncvir r.ny discovery or invent i:jn bclicvcc! t::, bc now is made by tho Subcantrr.ctsr or its cmploycos in the course of the scrvicos cnllcd for in this subcontr::ct, tho Subcontrcct Jr ,-.grccs to keep witncsscd and dntcf.l written rccar+s of all such discovcrics nnrl inventions and she.11 pranptly furnish the Cantractor with oomplcta inf:Xm?.ti:>n thcrcDn and thb Contrr.ctor shell hnvc the solo powor to dotcrmino whcthcr or r,ct a pctcnt npp1ice.t ion shzll ba filed nnd to dctorminc the disposition of the title to and the css ignmont of rights und cr nny npplicctian or petcnt thnt may result. It is further undorstocd and :.grccd thr.t the: judgment of the Contrc.ctze in such mat- tars shall bo acccptcd o.s finr.1, r.nd the Subcontrnctcr far itself r,nd for its cm- ploycos cgrcos that Ghc invcntDr or inventors will Gxccutc all documents r.nd do all things nccossr.ry or propor to ccrry out the judgment of the Contrcctcr. The Subcontractor cgrcos it will include the pr;visions .>f this pc?rr.grc?ph in all con- trncts of omploymcnt with persons who cl:, nny pr.rt of the sorviccs cnllcd for in this subcontract. lmy pntcnt applic~t ions f ilcd on such d iscovcr its :z invent ions shell bc prcparcd nnd prosocutcd without ctipcnsc to the Subccntrnctcrr
J’LRTICLE VII -- S:.FEGU:,.RD OF INFORWTION
It is undcrstcod that disclcsurc by the Subccntractsr or its cmplaycca of informntion rclr,ting to the scrviccs contrr.ctcd fJ,r hcroundcr to zny person nob &&itlcd to rcccivc it, or fnilurc to snfcgur.rf? 2.11 sccrct, confident in1 end restricted matter that may ccn~ to the SubcJr,trr.ctJr or cny person under its oon- trol in connection with the subject sorvicos under this subcontract, mny subject the Subcontrcctor, its ngonts, cmployccs c.nd subc3ntrr.otors to criminc.1 liability under the lr.ws of the United StC.tcs. (See Title I of e.n Act apprcvcd Juno 15, 1917, 40 Stc.t. 217; 50 U.S.C. 30-42), as c,mcndcd by an Act approvod lfcrch 23, 1940 54 Stat. Chnp. 72)$ nnd the provisions of m Act np ,:rSvcd Jmlur.ry 12, 1938 (52 Stct. 3; 50 U.S.C., Supp. V 45-&d) ns supplcmentcd by Exocutivc Order No. 8381, dated March 22, 194.6, 5 F.R. 1147 D.1.
ARTICLE VIII -- ESPIO%.GE OR S,:BOTAGE
The Subcontrr.ctor shall immodir,tcly submit a confidcntirl roport to the Contrnctor whcncver for r.ny cause it hF.s reason to bclicvc thc.t thcrc is an active danger of cspionngo or scbAr.gc r.ffocting nny of the work hcrcundorr
ARTICLE IX -- EKPLOYMENT OF @IENS
The Subcontractor shall not omploy any clion on or permit any alien ’ to hnve access to tho plans, spocificctizx, or scrvicos horoundcr without tho
written consent of tho Contrt-xtor ns to cnch such nlien,
ARTICLE X *- EIJPLOYEE ORIGIN -
The Subcontractor, whcnovar roqucstcd by the Contractor, shall roport to tho Contractor the citizenship, country .>f’ birth, or alion stctus of zny or nil of its omploycis at tho site of, or having access to, cny of tho scrviccs hor ound or.
ARTICLE XI -- EXCLUSI@ OF UPESIRABLES
Tho Subcontrxtor she.11 not employ, or continue the omploymont of, e.ny person or porsons designated by the Contra&x cs undosircblo to hnve access ts tho promises whcro the services of the Subcontractor cro being por- f ornod hcround or, cnc! tho Subcontractor shall cxcludc nny poreon or porsons So designated by the Contractor from such premises.
ARTICLE XII -- PROPERTY I:CQUIRED AND USED
In the event tho rate or chc.rgcs spccifiod herein to be paid to tho Subcontrcctor include an nllownnco for property to bo cspociclly ccquirod for the carrying out of the sorvicos heroin provided for, title to nll such pro- perty shall vost in tho Contractor, Also, titlo to nll materials, supplios, nppnrntus, equipmont, or other property which mcy be furnished by tho Contractor to the Subcontrnctor hcrcundor to facilitate the carrying out of tho sarvicos horcin providod for shc.11 rem&in in tho Contractor nnd nll such property, oto., shall be used by the Subcontract or ohly for the purposes approved by the Contrcctor.
iLETICLE XIII -- VISIT, INSPECTION, JND REPJRT OF PROGRESS
n. Tho Subcontractor whoncvor roqucsted shall permit nn nuthxizod reproscntctivo of tho Contractor to visit tho site of the work ct nll roasonablo hours end inspect tho Subcontractorls porformancc horoundor.
b. In the event the services being performed by tho Subcontrnctor heroundcr ara found to be deficient, or othorwise not in conformity with spoci- ficct i xxi, rcquirononts, and/or instructions cs nogr;tix,ted horeundor, the Con- trnctor shall have tho right to rcjcct such sorvicos w require their oorrcotion without ndditional cost to it.
c. Tho Subcontractor shnll roport tho progross of performnnco horc- urdor from time to time as roquestcd by the Contractor; and shnll fupnish a oom- ploto report of its findings and conclusions upon completion of its undertakings her tin. Such report shall bo furnished in such qu>ntitios and form cs may bc rcquircd by the Contrnctor.
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ARTICLE XIV -- DAT’h REG.:RDING PDRFORKNCE
cl. All drawings, dosigns, specifications, data and mcmorandn of ovcry description relating to the services or any part thcrcof arc to become tho pr jpcrty of tho Contractor upon completion thorcof, subject to the right of tho Subcontraotor to retain duplicntcs thcroof for uso as rccor!s only, and tho Contractor shall havo full right to use sr.3 drawings, designs, spccifih c, cat ions, data end momor and n in MY mannor when and where tho Contractor may designctc without any claim on the part of tho Subcontractor for additional compensation. A conplctc list of the duplicates of classified records rctnincd by tho Subcon- tractor shall bc furnished to the Contractor.
b. All drawings, dcsigns, spooificaticns, data and memoranda of every description concerning the subject sorviccs shall bo dolivcrcd to the Contractor when requcstod by tho Contractor; and ,, fur t hcrmor o, ncccss to such drawings, designs, spccifica- t ions, data and memoranda as may contain classified information shall bo rostrictcd to trusted and duly authorized rcpresontn- thus of the Contractor and the Subcontractor, oxccpt as othcr- wiso specifically authorized in writing by tho Contractor,.
ARTICLE XV -- INSURANCE
The Subcontractor shall take out and maintain thu following insurnncc during the period of this contract, at his own cost and exponsc:
a, tiblic Liability Insurnnco - insuring tho Contractor and tho Subcontrnctor, and the Board of Trustees of tho Contractor, individually nnd collectively, written by n company approved by the Contrnctor in amounts of $100,000.00 to $500,000.00.
b. Workmen’s Compensation Insuranoo - with occupational ?llsoases endorsement, writton by n company approvod by tho Contractor in unlimited amount for tho protoc- tion of tho Subcontractor agninst claims under the Workments Componsnt ion and Occupat iannl Discnscs A\cts of the State of Michigan.
Bcforo undortnking any work hcrounder tho Subcontractor will cause to bo dcliocrcd to tho Contractor ccrtificatcs of the insurnnco conpnnios as to the particulars of the insurnnoe horeinabovc rofcrrcd to, which certificates shall contain a provision that such insurance will not be cancellod by lapse of t irno or othorwiso oxccpt upon five (5) days prior written notice to tho Contractor, sent by United Str.tcs Registered Mail, postage prepaid, nddrcssod ELI the Contrwtz, c.ttontion of t’r’. 5. Hcrrell Bus incss Mmngor , 956 East 58th Street, Chicngo, Illinois.
5.e ---
-- _-.-. --
ARTICLE XVI -- EIGHTLHOUR LAW
The Subcontraotor shall oompensate laborers and all hOUr8 worked by them horeunder in excess of eight (8) one calendar day at a rcte not less than one and one-half’ rate of pay of such laborers and mechanics.
; ARTICLE XVII -- ANTI?DISCRI~.?INATI!1N
The Subcontractor shall not discriminate in any
mea hanics for hours in any times the basic
act psrf ormed hereunder against any citizen on the ground of race, creed, color, or national origin.
ARTICLE XVIII -- CONVICT Li:BOR
The Subcontractor shall not omploy nny person undergoing sontcncc or imprisonment at hard labor.
ARTICLE XIX -- OFFICI,:.LS NOT TO BENEFIT
No mombor of or delegate to Congress, or resident commissioner shall bo admittad to any shcrc or part of this subcontract or any bcnofit thst may arise thorofrom, but this provision shall riot bc construed to cxtond to this aubcontr::.ot if mcdo with a corporation for its gonornl benefit.
1RTICLE XX -- COVENANT IZGAINST CONTINGENT FEES
The Subcontractor wnrrcnts that it has not employed eny person to solicit or sccurc this subcontract upon any agrccmcnt for n commission, poracntago, brokorzga or contingent fee. Broach of this warranty shall give tho Contractor tho right to annul tho subcontract, or, in its dis- crction, to dcduct from the contrsct price or considcrntion the amount of such oommis s ion, pcrcontago, brokorage or contingent fee. This warranty shall not npply to commissions payable by the Subcontractor \!pon contrr.cts of sale socurcd or made through bxxa fido ostnblishcd oommercic.1 or oolling r.gcncics maintained by tho SubcantrEctor for tho purpose of sccuring businc8s.
ARTICLE XXI -J,. DISPUTES - _, All disputes concorning quo&ions of fact arising undor tjais sub-
contr:ot which arc not disposed of by mutual r.grcemcnt shall bc docidcd by tho Contracting Officer under the prime ccntrrxt, whoso decision in writing shall bo fix.1 and conolusivc.J
I__.L. . .
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.
ARTICLE XXII
It is undertitoqd th?.t this is P suSc?ntmct under the pri;;..o contract horaim~ove rcfcrrcd to, and ?y r‘casm thereof subject to ~11 the ttmi:s, cwditions ami\ lircitatim,s im7sed \y such 3ri.re csntract, imluding the cmditim that the effectiveness of this su>cnntrnct is subject to the prior written a?jrgval of the cqn- tracting officxr ir, mid pri;;,e cmtroct irr his d~u1.v out’r,?rizeP represcntntive. Ina.smch as the nrim contmct is a cmtrect qf classified mture rind. the tcr.i.s theroof haw: not ken revealed to the Su4cr,ntwctqr, it is cxaressly underst?qd an? agreed ?-y the partics herctr, that this Article does n3t lT51ic?te the Subz-mtract- or financielly or in nccm.nt~.?ilitg f9r :Im?erty, ;zterials 9r sun- plies to an extent ‘IqmC! v+at is snecificollg m8.e the 9Ylignti4 of the Su%cmtr?.ct?r in this m?cmtwct.
IN WITNESS VEXXOF, the Cmtractor nnc! the Subcmtract~r have caused this sukontroct to ?e sigmd mid sealed!, intending to Se logallv bmnd thcre’:y.
THE Ui?IEXSITY OF CBICAGO
( SAL) W. B. Ilarrell
WOLVERTNE TIJBBE DIVISION C&met and I-1x12 Conao!ii’zted Copper Cmnpab~y
1411 CEilIXAL AWIWJE DE’I’KOIT, MXXIGAN
APPROvm :
Contracting Officer C. L. Karl, Captain, C. E, Authorizzd Roprcsentstive of the Gntracting Officer
BY ( m.L>
. '
~%t?~: EIDM CGA 311 7401-37-4
is document consists of-----~----~bape~ .- j of Y copies, series--&~'
ARMY SERVICE FORCES UNITED STATES ENGINEER OFFICE
MANHATTAN I DISTRICT ~4~, 3 ---.-- CWlCAQO ARPA OFFKL
The District Ekxineer, U. S. Engineer Office, Manhattan District, Oak Ridge, knnessee -
?
Attention: Contract Section . _- c;\
There is inclosed herewith for your files, Supplemental. --.-*
Agreement No. 4 to subject subcontract entered into by The University \
of Chicago under Principal Contract No. W-&!101 eng-37.
(*a YJi Incl.: J. H. McKINLEX
cys. 3, 4 & 5 of Sup. Agmt. #4 Captain, Corps of Ew$nsers Area Engineer
*
u-. LJ-‘)IcL)/- -+7 -37 G/ -
9 r(' +-sic-7
Cleaatflcatlon Canoaltsd
IN RLPLY RKCER l-0
ARMY SERVICE FORCES UNITED STATES ENGINEER OFFICE
MANHATTAN DISTRICT CHICAQO ARKI OFrlCL
P. 0. Box 0140 A CXICAGO 80, ILLINOIS 12 February 1946
Subject: Notice of Termination - Subcontract No. 7401-37-4, The Nolverine Tube Division
To: The District Engineer, U. S. Engineer Office, Manhattan District, Oak Kidge, Tennessee
Attention: Contract Section
There is inclosed herewith for your files, Notice of Termination to Service & Supply Subcontract No, 4, entered into by The University of Chicago under Frlnxe Contract No. W -7401 eng-37
cys. 3, 4 & 5 of Notice of Term, Acting Area Engineer
" ' &&,iLURGIChL PROJECT *FOKu !@-73 ' This Tha University of Chicago
T,: : . . . Wol-e Dlulnn , Subccntrsetor ~1 Central Avenue (Att. Mr. H. Y. Bassett, I@-.)
Detroit 9 Mw
Ikxblemen:
You are hereby notified that by reason of
mutual agreement, the
certain subcontract b&we-on you and The University of Chicago datad~a 2, 1~9~1 , and bcsring descriptive nwber above indicated, is terminated iis oi tne3aday of Jw,
194L.
hacording to our records, all financial obligations
to you have been paid in full.
Dated at Chicago, 194&
Illinois, this s day of J ,
T?-?Z UNIVERSITY GF CHICAGO
BY ,Z,&@& &@&@-I-
v Businq.xs Manager
- MUC-5&/7~~ This document consists of.. _.__ -3 _.......... -.. pages and __._..._ 6! ._._____ _ _________._. ,......figures No ,___._ <-.of ____ /d.copies, Series...&...,
&tal.lurgical Project Form blP=29 The University of Chicago . Chicago, Illinois
Agreement.No. 4 for the
Extension of Service & Supply Subcontract # 7401-37-4 ,-Jat,& June 2, 1943
_..-.--.
.
c0-t f/7401-37-4 June 13, 1945
date
3y .zd betweer:
The University of Chicago, of Chicago, Illinois as I~The Contractorl~
and The Calumet, and Heola Consolidated Copper Company (Wolverine Tube Division)
of Detroit 9, Michigan as the "Subcontractor.11
1Volverine Tube Division Attn: Mr. H. Y. Bassett, Mgr.
1411 Central Avenue
Detroit 9, Michigan
Dear Sirs;
1. Under and by virtue of Article v of the above-described Subcontract NO. 7401-37-4 and upon the considerations therein expressed The University of Chicago, ai Contractor, hereby authorizes and requestsCa1utne-t; & He013 Consolidate
Comer Co. ( Wolverine Tube Di.)as Subcontractor, to extendcertain provisions - of said Subcontract as follows:
A. Work ( EJo change)
B,
c.
.
Contract Period (Article II) The termination date of Suboontract #'7401-37-4 shall be extended from June 30, 1945 to June 30, 1946.
Provided, however, that in no event shall this aforesaid extended termina- tion date extend beyond the date of termination of the ContractorIs prime contract No. W-?401-Eng.3'7, and supplements thereto.
Limitation upon costs (Article III) No change.
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.
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D. Other: The changes and additions as rfpeoified in Schedule "A" attached hereto and made a part hereof are added to Subcontract. -#74@1-37-4.
2. Otherwise, aU other terms, provisions , and/or conditions of said Sub- contract are to continue in full force and effect.
Witnessed: 'l'HE UNIVE&U.'Y OF CHICAGO ._ ,
)._ d
N&e
Address 0 '
/if BY Y I’ 1
Business knagcr -Iseal>
s/ WA Harrell
3, We (I) hereby agree to the extension of the aforesaid Subcontract #7401-37-4 as described in paragraphs #l and #2 hereinabove.
The Caluxet and Hecla Consolidated ., Capper f!n. [W-o mbe Diw 04
Witnessed:
S/ H. Y. Bassett Generalwager
Address 1471 r&n1 Avaa
Dated at Detroit, MOW this J&$ day of .Tu~,~ 194z
4. Approved:
J. H. McKinley, Captain, C. E. Authorized RepreseKlstive
The following changes and additions are hereby added to Subcontract No. 7401-37- 4 and made a part thereof:
A. Article V - &XIGN&lENT OF RIGHTS HEREURDER is deleted in its entirety and the following is added:
Article V - SUBLETTING - ASSIGWNT
1. No part of this subcontract shall be sublet except with the expressed prior written approval of the Contracting Officer.
2. Neither this subcontract nor any interest therein, or claim thereunder shall be assigned, or transforred by the Subcontractor to any othor party or parties, except that the whole or any part thoreof is assignable to the Governmont, provided that, in the event of such assiqmcnt to the Govornment, this subcontract may continue in full force end cff'cct, notwithstanding the termination of tho prime contract.
B. Article XXIII- TERMII~ATIOX - us follows is addad theroto and mado a part theroof:
Subject to the approval or at tho diraction of the Contracting Officer, tho Contractor shall have tho right to tormin&tc this subcontract at any timo by a written notice to th, r Subcontractor whenever such termination is dctcrminod by the Contracting Officer to Se in the best intorests of the Government.
c. Article VI - SAFEGUARD OF INFOI&IATIO~I is delotod in its entirety and tho following is cdded thereto and made a part thereof:
Adhi. XXIV - DISCLOSURE OF INFOI~,'M'IOW
It is understood that disclosure of information relating to tho work con- tra&cd for hcrcunder to any person not cntitlod to recaivo it, or failure to safogucrd all sccrct, confidential and restricted matter that nay coma to the Subcontractor or any person undor his control in connection with the work under this subcontract, may subject tho Subcontractor, his agents, ~nployoes,
\ and Sub-subcontractors to criminal liability under thb la~rz of the Unit-d States. Sco Title 1 of an Act epprovcd Juno 15, 1917 (40 Stat. 217; 50 U.S.C. 31-42), as amended by an Act npprovod March 28, 1940 (54 Stat. 79); and tho provisions of an Act npprovod Jan. 12, 1938 (52 Stct. 3; 50 U.S.C. 45-45d), as supplGmontod by Exeoutivc Order No. 8381, dstod Nnrch 22, 1940, 5 F.11. 1147.
NP 162~ 6 -15-45
. ‘* d’--T . -. ,* . Metallurgical Projedt Form
--,irhe University of Chicago Chicago, Illinois
IWJL- se -; f/&J This document consists Of. --_-- / .------ ---------
w-2qpages and .-----_- q -------------------- ------ Jigures
Supplement to Service and Supply Subcontract, #'7401-37-L+ Dated June 2, 1943 By and Between -
The University of Chicago, of Chicago, Illinois as "The Contractor11 - and The Calumet and Hecla Consolidated Copper Company (V!olverine Tube Division)
of Detroit, Michigan As "The Subcontractor!! . Wolves Tube Divj&.gn For the attention of: " 1411 Central Avenue
Detroit 3, Michigan Mr. Otto Z. Klopsch, Vice President
and General ldanager
Dear Sirs: 1.
2.
aiu;;?a .
Under and by virtue of Article V of the above-described subcontract #7401-37-L+ and upon the considerations th=in expressed The University of Chicago, as Contractor, hereby authorizes Co. (Wolverine Tube Division)
and requosts Calumct & Hccla Consolidated Copper , as Subcontractor, to extend certain pro-
visions of said subcontract as follows: A. Work (Article.1 paragraph #l and paragraph #2) To .amend Article I, para-
Gh #l to include the use of subcontractors piercing mill including the nucassary personnel and equipment for the operation of said mill; and to amend Article I, paragraph #2 to‘ include th e use of the piercing mill under the Sam\: conditions and at the same cost rate as the extrusion press, namely
. $lOO,OO per hour. B. Cot.",ract Perioi (No change) -em
Provided, howcver, that in no event shnll this aforesaid extended termina- tion date &tend beyond.tho date of termination of the Contractor*s prime
, contract ?Jo. W-'7401-eng. 37, and supplements thereto. c. &in:i>at: on. Upon Costs (1110 change - until. rocuirG;d) -- 1 ;1. (,L. ,EL‘: ;..lile
Other:Mi se, :;.l other terms, provisions, ,and/or conditions of said subcontract ..n,Y cr, .-.nnt nt3fa in frill force 2nd effect. ct.4 Tj UL. b”.IL, _LIU” . ..I. --- -_.- - - -.
.- ._..______
,for
"Ii E UNlV WSITY ‘(
BY
e extension of the a as described in paragraphs #l and #2 hereina
e e
‘:/ .d sai
1. sLvbvl~u-ac; b tf iyw--2 r-w
.rrell
.bov Calumet and Hocla Consolidated Copper Co. (Wolverine Tube Divi-
-
Day
Classificatio r7%anceW M* )
Dated at _ :,iztroit, Michigan This _
4. Approved:
czLA"- --__I_
Contracting Officer C. 1. &;;I, Captain, C. E. Authorized Representative 01 the Contracting Officer
THE UNIVERSITY OF CHICAGO
,-.... Muc: @. - &Lo
This document consists af.......kk-,-.., pages and 0 . . . ..-.1-.1...- . . . ..I.. . . . . . . . . . . . No ..___ 4:..of
figures ..--l..a.copies, Series...& ..-.,
CHICAGO, ILtlNOiS MAY 24, 1944
DATE SUPPLEMENT No. 2 FOR THE -m
. AWNDMENT AND EXTENSION OF SERVICE AND SUPPLY SUBCONTRACT # 7401-37-4 DATED JUNE 2, 1943
8Y AND BETWEEN
THE UNIVERSITY OF CHICAGO, OF CHICAGO, ILLINOIS AS”THE CONTRACTOR”
AN0 THE CALUMET AND HECLA CONSOLIDATED COPPER COMPANY (WOtVERINE TUBE DIVISION)
OF DETROIT, MI CHI GAN AS “THE SUBCONTRACTOR”.
Tot YrOLVERINE TUBE DIVISION FOR THE ATTENTION OF
1411 CENTRAL AVENUE MR. OTTO 2. KLOPSCH, VICE PRESIDENT ANO GENERAL MANAGER
OETROI T. 9, UlGkiI GAN
DEAR SIRS;
I. UNDER AND BY VIRTUE OF MUTUAL AGREEMENT RE THE ABOVE-DESCRIBED SUBCONTRACT #74Ol-37-4, AND UPON THE COfJSI OERATI ONS THERE1 N EXPRESSED THE UNIVERSITY OF CHICAGO, AS CONTRACTOR, HEREBY
AUTHORIZES AND REQUESTS CALUMET ANo HECK CONSOLIDATED COPPER CO. (WOLVERINE TUBE DIVISION) AS SUBCONTRACTOR, TO EXTEND CERTAIN PROVI SIONS OF SAID SUBCONTRACT AS FOLLOWS:
A. WORK (ARTI cLE~II - PARAGRAPH p2) TO AMEND ARTICLE I, PARAGRAPH #2, AND ADO TO IT
PROVISION TO REIMBURSE THE SUBCONTRACTOR FOR WORK OR SERVICES PERFORMED OR SECURED FOR THE CONTRACTOR AS ARE REQUIRED TO ASSURE PERFORMANCE OF THE SUBJECT WORK BY THE SUBCONTRACTOR IN ACCOHDANCE WITH THE CONTRACTOR’S REQUIREMENTS,--AS LISTED ON “SCHEDULE A” ATTACHED HERETO AND MADE A PART HEREOF ,--RETROICTIVE TO AND EFFECTIVE AS OF JUNE 2,b943.
8. CONTRACT PERIOD (ARTICLE n) TO CONTINUE WITH THE SUBJECT v~ORK AS REQUESTED BY THE CONTRACTOR UNTIL SUNE 30, 1945, PROVIOED, HOWEVER, THAT IN NO EVENT SHALL THIS AFORESAID EXTENDED TERMINATION OATE EXTEND BdYONO THE DATE OF TERMINATION OF THE CONTRACTOR’S PRIME CONTRACT NO. vi-7401 -ENG. 37, AND SUPPLEMENTS THERETO.
c. LIMITATION UPON COSTS (ARTICLE m) THE SUBCONTRACTOR TO QE REIMBURSED FOR ITS COSTS INCURREO IN THE PERFORMANCE OF ITS UNDERTAKINGS HEREUNDER IN AN AMOUNT NOT TO EXCEEO FORTY THOUSiiND DOLLARS ($40,000.00)
0. OTHER: NONE
2. OTHERWI SE, ALL OTHER TERMS, PROVISIONS, ANO/OR CONOITI ONS OF SAI 0 ents thereto
CONT I NUE @&J&.&m $?&@jjJ@&
3. WE HEREBY AGREE TO THE EXTENSION OF THE AFORESAID SUBCONTRACT 57401-37-4 AS DE+CRlBED IN
Th’ Ii t8 ONSOLIDATED COPPER CO.
4. APPROVE0 : C. L. Karl, Captain, C. C, Authorized Representative of the Contracting Officer
CONTBACTI NO OFFI t$j$am
e Schedule A
(ittached to and made a part of Supplement #2 under Subcontract #7,!+01-37-4 between
THE UNIVERSITY OF CHICAGO and
CALUNZT AND EECLA CONSOLIDATED COPPE3 CO. )
Article I, paragraph #2
. f. Reimbursement at actual cost for necessary work or aerviaas performed by outside vendors and for purchases of mntorirrlz, supplies, or equipment from outside vendors,--all for exclusive use in performance of the subject work by the sub- oontrnctor in accordance with the instructions or requirements of the Contractor.
c* Reimbursement at actual cost for freight, express, drayage, or other transportation charges on materials sent by the Contractor or at the Contractorts direction to..the Subcontractor and paid for by the Subcontractor.
h. Reimbursement at actual cost for necessary overtime premiums paid to the Subcontractorta employees actually engaged in the performance of the subject work, provided that overtime work is required to satisfy the Contractor’s needs, and provided further that allowance for such overtime premiums has not boen comprised in the hourly rates specified in paragraphs #2(a) 2nd #2(c) of this Artiolo I.
Article I, paragraph #3
The Subcontractor provides the Contractor with a blanket certification pertaining to the authenticity of the Subcontractor’s accounts and records and to invoices rendered in connection with performance of tho subject work hereunder as follows:
“We hereby certify that the charges made to the Contractor by the Subcontractor for tho tnatarinls, supplies, services, equip- mont, etc., listed on invoioos resulting from performance of the Suboontractor hereundor, were required by, and were in- curred in tho performanoe of tho work undor Subcontract #7kOl-37-4, dated June 2, 1943, undor Contract #W-$+Ol-Eng.37, and that payments have bean made of all amounts for which ro- imbursomont is olaimod; that roimburscmont had not boen re- ceived at the date.claimod; that nil Fedora1 and State legal and stntutory roquircmonts portnining to purchase, labor, pro- duction, and wage end salary ordors and rogulntions have not boen knowingly or willfully violated; and that the chc.rgos roproaenting issues from stock or other service department costs, are those normally made for such issues or serviocn; and that nil original supporting records including payrolls, invoioos, roooiving reports, chock registers, stock requisi- tions, etc. pertaining to tha authenticity of the rcimburse- mcnt thcroby olaimod and not cttachod to the invoices whon rendered, will bo kept availcblo for inspection upon roquost by author izod represontnt ivos of tho Contrcctor and/or of the Unit cd Stnt OS Govsrnmcnt , subject to fhc applicable stntutos of limitntion.”
and the Subcontractor intands to bo fully and logally bound by tho pro- visions of the bInnket cortifioation contninod in this paragraph #3 of Miiolo I. ’ i ___-. .
. 0 pnt cortsists Of ____._.__ 3-e _.___......
. . __________- _ __-_._--- _ figures METALLURQICAL ?i?OJECf FORM W-29 Series .- fL..
/
pJo ..___ g ___.. of _____ Lkcopies, THE UNIVERSITY OF CHICAGO
CHICAGO, iLLlNOlS MAY 9, 1944
P PUJPPLEMENT No. I FOR THE
ALTERATlbN OF SERVICE AND SUPPLY SUBCONTRACT # 7401-37-4 DATED JUNE 2, 1943
BY AND BETWEEN
THE UNIVERSITY OF CHICAGO, OF CHICAGO, ILLINOIS AS “THE CONTRACTOR”
AND THE CALuMET AND HECLA CONSOLIDATED COPPER COMPANY (WOLVERINE TUBE DIVISION) OF DETROIT, MICHIGAN AS “THE SUBCONTRACTOR.”
To WOLVERINE TUBE DIVISION
I41 I CENTRAL AVENUE FOR THE ATTENTION OF
DETROIT, Mlc~l GAN MR. OTTO 2. KLOPSCH, GENERAL MANAGER
DEAR SIRS:
I. UNDER AND BY VIRTUE OF MUTUAL AGREEMENT RE THE ABOVE-DESCRIBED SUBCONTRACT # 7401-37-4,
AND UPON THE CONSIDERATIONS THEREIN EXPRESSED THE UNIVERSITY OF CHICAGO, AS CONTRACTOR, HEREBY AUTHORIZES AND REQUESTS CALUMET AND HECLA CONSOLIDATED COPPER CO. (WOLVERINE
TUBE DIVISION) , AS SUBCONTRACTOR, TO ALTER CERTAIN PROVISIONS OF SAID SUBCONTRACT AS FOLLOWS I
A. WORK (ARTICLE I) No CHANGE
B. CONTRACT PERIOD (ARTICLE I I) NO CHANGE
PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THIS AFORESAID EXTENDED TERMINATION DATE EXTEND BEYOND THE DATE OF TERMINATION OF THE CONTRACTOR’S PRJME CONTRACT
NO. w-7401 - ENG. 37, AND SUPPLEMENTS THERETO.
c. LIMITATION UPON COSTS (ARTICLE 1 I I ) No CHANGE
0. OTHER: To DELETE ARTICLE vi - PATENTS, AND TO SUBSTITUTE THEREFOR THE PROVISIONS 0F ARTICLE VI - PATENTS, AS ATTACHED HERETO AS ~%CHEDULE At* AND MADE A PART HEREOF, - RETROACTIVE TO AND EFFECTIVE AS 0~ JUNE 2, 1943.
2. OTHERWISE, ALL OTHER TERM, PROVISIONS, AND/OR CONDITIONS OF SAID SUBCONTRt.CT ARE TO CONTINUE IN FULL FORCE AND EFFECT.
THE UNIVERSITY OF CHICAGO
3. WE HEREBY AGREE AS DESCRIBED IN
CIassification
BY8 SEAL) arm11
TO THE ALTERATION OF THE AFORESAI D SUBCONTRACT # B PAR&GRAPHS #I AND #2 HEREINABOVE.
Cancelled CALUMET AND HECLA CONSOLIDATED COPPER Co.
DATED AT DETROIT MICHIGAN
4. APPROVED:
Schedule A
(attached to and made a part of Supplement fil under Subcontract 87401-37-4 between
The University of Chicago and
Calumet and Hecla Consolidated Copper Co.)
ARTICLZ VI -- PAT %NTS
“It is understood and agreed that whenever any patentable discovery or invention is made by the Subcontractor or its employees in the course of any of the work referred to in this subcontract, the Contracting Officer shall have the sole power to determine whether or not and where a patent application shall be filed, and to determine the disposition of the title to the rights under any appiication or patent that may resu1.t; provided, however, that the Subcontractor, in any event, cable,
shall retain at least a non-exclusive, irrevo- royalty-free license, vrith the right to grant sub-
licenses, under said discovery, invent ion, application or patent, limited to the manufacture, use, and sale for pur- poses other than the purpos es for Lvhich the apparatus, pro- cess and/or product manufactured and/or used by the Subcon- tractor, under this subcontract are now intended for use by the Government , Subject to thsz license retained by the Subcontractor as above: provided, it is further understood and agreed that the judgmtint of the Contracting Officer on these matters shall be accepted as final, itself and for its cngioyaes,
and the Subcontractor, for
vision of this paragraph, who rr;ay be obligated by the pro-
:,;rees tilat the employee inventor or inventors will execute all documents and do all things necessary or proper to carry out the judgmant of the Contracting Officer.~~
