Document LgD9QBDY9o9QZ1wk8g0XrZj8b

PLAINTIFF'S EXHIBIT FIELD SERVICES CONTRACT INFORMATION REGARDING THIS CONTRACT CAN BE SUPPLIED Bv CONTRACT NO r J. H. Bennett/K. G. Lowrance FS 100-119 ACCOUNTOR APPROPRIATION NUMBER _L n nSALES OR EXEMPT SUBJECT NOT SUBJECT CITY OR STATE RELEASE NO * USE TAX --DELTA-SANITATION SERVICE --4001-AGNES. STREET5 -CORPUS CHRIST1, -TEXAS----- 78405 -- SUNOCO TERMINALS, INC.. 4908. UP. RIVER- ROAD____ CORPUS.CHRIST!, JTEXAS_ jj ---Attn,:- Mr.- Jake Dimas -512/883-8434|J i Thu AGREEMENT, tffcctwt. Mar. 1 , 19 82 , betwren . SUNOCO TERMINALS. INC. SUN-80 ON GOING SERVICES - *4 CONTRACT 1 RELEASE AGAINST ON-GOING 1 SERVICES CONTRACT 1 . herrjnaltsr ciltm `O.T.er*. -j--:.a a". Highway .^47,Wprfor1 apH Jpxas & 4908 Up River Road ^Corpus Chrlstl ^Texas mdthe "Contractor"shownabove. WITNESS In consideration of the mutual promises herein made, Owner and Contractor agree as follows: articlei-thework:The-o,k.h.ucoTM*of: .Santtatlon_serYlce_by_fum1sh1ng one_.(l) 2-Yard ____ Con ta i ner. to. be_erap1 ed. one_(1). time. per. week_atJVnecis_teoiTlJia1_lQcated _at---------------____ 4908 .Up R1 ver-RoadCorpus _Chr1 stl . Texas_________________________________________________ Contractor shall perform all work hereunder in accordance with the terms and conditions ofthis Contract and the following as noted: ( ) I. Design drawings Exhibits: A) ____SBnltfltlOfl ScrVlCC AHrBfifHSDt--------- < > *. spirK.>io _________________________________ ( ) s. work Description:_________________________________ 8 > Insurance Certificate: P > EEO Compliance Certificate ( ) 4. Safety and Security Requirements jttBChfid* () - -- Hus Agreement, including Articles I through 8, the Field Services General Terms and Conditions on the reverse side hereof, and the Exhibits attached hereto or referenced herein shall constitute the Contract between the parties. ,, . ARTICLE 2 -- MATERIALS, PERSONNEL AND SUBCONTRACTS: Contractor shall furnish my and all labor, supervision, permits (unios otherwise stated herein to the contrary), machinery, equipment, tools, fuel, supplies, facilities, materials, transportation and all other things necessary for the performance and completion of all work authorised hereunder, except such hems noted to be specifically supplied by Owner as follows: R&tl^ -NONE- Unless, otherwise specified, all materials to be furnished by Contractor shall be new and of a grade and quality which conforms ipp ARTICLE 5 -- COMPENSATION: For satisfactory performance of the work hereunder. Owner agrees to pay Contractor in the manner and at times hereinafter specified, and Contractor agrees to accept as full and complete payment for providing such work, compensation as follows: .$40.00 perjnonth. ARTICLE 4 -- MANNER AND TIMES OF PAYMENT: - .. . CoDtractor-to JDVojcejnonthly .and.shaU.be Payable by the 10th day after Invoice Js_recelved J>yJ)wner. #S(B) 00042 Prior to final payment hereunder.and as a condition thereto. Contractor shall satisfy the requirements of Clause 14 of the Field Services General Terms and Con- . ditions on the reverse side hereof. ARTICLE 5 -- TERM: Work under this Contract shall commence on or about Mar-1 f1w . AU work performed at the site shall be on the basis of . Contractor's standard work week as sec forth by local agreement. No ovmimt shall be worked, except for spot overtime, unless approved by the Owner in writing. aii work, including tming thou be complete on or before March 1, 1983 or terminated In writing by either party w/tei ARTICLES --CHANGES, ADDITIONS AND/OR DELETIONS: Owner reserves the right, from time to time, to make changes, additions and/or deletions a, to the work as it may deem necessary. All changes, additions or deletions shall be made in writing and accepted by both parties before Contractor proceeds with RO W such work. Contractor shall make no changes, additions or deletions to the work without Owner's prior written instructions. The cost of such changes, additions or deletions shall be determined as follows: -- As - negotiated between -Owner-and -Contractor- Contractor shall make no changes in the Schedule of work to be performed hereunder, extending completion beyond the date shown in Article 5 above, without prior written approval of Owner. ARTICLE 7 -- INSURANCE: During the performance of all work hereunder. Contractor shall take out, carry and maintain in insurance company or companies, and in policies of insurance acceptable to Owner, the following insurance with limits not lea than indicated for the respective items: ,7'. a. Workmen's Compensation and Occupational Disease Insurance, including Employer's Liability, complying with laws of the state in which the work is to be performed or elsewhere as may be required. Employer's Liability Insurance shall be provided with a limit not tea than * b. Comprehensive General Liability Insurance, including Contractual Liability and Produrts-Completrd Operations Liability"a'nd~Explojipn, Collapse and Underground Damage liability, as wrll at coverage on all Contractor s equipment (other than motor vehicles licensed for highway use) owned, hired or used in performance of this contract with limits not lew than: $--500 ,00Q,QQBodily Injury & Propeny Damage Combined each occurrence and aggregate c. Automobile Liability Insurance, including Contractual Liability, covering all motor vehicles owned, hired or used in the performance of this contract, with > -5Q0-0Q0.0QBodihr Injury k Property Damage Combined each occurrence and aggregate * d. Builders Risk Insurance: The Builders Risk Insurance coverage applicable to this contract is checked below. For definition of applicable coverage see Clause jHof Field Services General Terms and Conditions on the reverse side of this form. ^ |-- p~~j Prior to the commencement of any work hereunder, Contractor shall proride Certificates of Insurance evidencing coverage as defined in this Aiticle 7, to the Owner, at the location specified in the Contract Instructions below. ARTICLE 8 -- GOVERNING LAW: This Contract shall be governed by the taws of the State wherein the work is performed unless staled otherwise as follows: --, .. ... ..............--. Commonwealth of Puerto Rico. ............... - ----, .... ,, The term "State** wherever used in this Contract shall be deemed to include the CONTRACT INSTRUCTIONS: r -J.H.Bennett - ------SUNOCO- TERMINALS. INC. IN WITNESS WHEREOF, the parties have executed this Contract. OWNER: DATE: COi sign aha_retiirif one ftilly i copy to the address shown above. If no address b shown above, copy should be returned to the "Invoice in Triplicate To" address at the top of this form. SUN--anaia BY:. BY:i TITLE: EXHIBIT "A' SANITATION SERVICE AGREEMENT THIS AGREEMENT this day made and entered into by and between Delta Sanitation Service, hereinafter called Company, and Sunoco Terminal, Inc. hereinafter called Customer 1. The Company agrees to furnish sanitation service to Customer at location specified by Customer, located at or near 4908 Up River Rd. Corpus Christi Texas 2. The sanitation service furnished hereunder shall be supplied as follows: one (1) two (2) yard container 3. The Company does hereby agree to service above mentioned containers as follows: of $40.00 per month to be emptied once (1) per week, at a price 4. The Customer agrees to pay Company for service on or before the 10th day after the date bill is rendered each month at Company's Corpus Christi address. The term of this agreement shall begin on March 1. 1982, or upon such date as service shall be furnished to customer and shall continue until March 1, 1983, Please sign one copy and return to Delta. Keep one copy for your records. Thank you. PELTA SANITATION SERVICE By Jake Dimas. Manager Business 883-8434 Phone (,-v Customer Sunoco Terminal, Inc. # S (B) 00294 ocord fAW( AMO ADDKESS or AGl'<CV CRAVENS, DARGAN & CO., SPECIAL RISKS 1903 HERMANN DRIVE P.O. BOX 1660 HOUSTON, TEXAS 77001 VAMt AMO ADORESS Of INSURED Oscar Dimas dba Delta Sanitation Service 1*001 Agnes Corpus Christi, Texas COMPANIES AFFORDING COVERAGES EXHIBIT '"B" ACOMPANY LETTER American Universal Insurance Co. BCOMPANY LETTER COMPANY LETTER \J This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. orTYPE INSURANCE GENERAL LIABILITY i 1 COMPREHENSIVE FORM FI PREMISES ^OPERATIONS EXPLOSION AND COLLAPSE HAZARD D UNDERGROUND HA2ARO fn PRODUCTS/COMPLfTED pi OPERATIONS HAZARD . LJ CONTRACTUAL INSURANCE BROAD FORM PROPERTY (uuACr POLICY NUMBER POLICY EXPIRATION DATE Limits of Liability in Thousands <000) EACH OCCURRENCE AGGREGATE BODILY INJURY 9 9 PROPERTY DAMAGE 9 * BOOK.Y INJURY AND PROPERTY DAMAGE COMBINED 9 - CSCRlPTlON or OPERATlONS/lOCAlrONS/VCHlCLES 8500 Bed. PB Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com pany will endeavor to mail---- 10 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND AOORESS Of CERTIFICATE HOLDER, Sunoco Terminals P.O. Box 758 Nederlandj Texas 77626 attention: Jack Bennett AUTHORISED REPRESENTATIVE Cravens, Dargan & Co Special Risks P. O. Box 40308 I I NAME AND Atf/PESS ;l COMPANIES AFFORDING COVERAGES Kingsbury Agency 527 S. Shoreline Corpus Christ!, Texas 78401 ACOMPANY uc:T3 Intfirsate_Eire_A_Casualty_Company- C0MP"Nr letter NAME AND AOORC5S OF IHSUPfO Oscar Dimas dba Delta Sanitation Service 4001 Agnes Street Corpus Christ!, Texas 78405 cLIPCH DCOMPANY LETTER COMPANY V UTTER 2m ( I I This is to certily that policies of insurance listed below have Cen issued to the insured named shove and ?re in force at this time. Notwithstanding any.requirement, term or condition of any'contract or otlier document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION^ DATE Limits of Liability in Thousands (000) EACH OCCURRENCE AGGREGATE GENERAL LIABILITY ( 1 COMPREHENSIVE FORM [ 1 PREMISES -OPERATIONS I | EXPLOSION AN0 COLLAPSE ^ HA74R0 LJ UNDERGROUND HAZARD ["") pnooucrs.coMPiEfrr* bd OPERATIONS UAZARO LJ CONTRACTUAL INSURANCE 1 I flROAO torsi property 1 1 DAMAGE __ INDEPENDENT CONTRACTORS PERSONAL INJURY BODILY INJURY property oamage % S ' s' BOOILV injury AND PROPERTY DAMAGE t % C0UBINE0 PERSONAL INJURY * * I | S i ! i ! AUTOMOBILE LIABILITY COMPPEHCNjlVE FORM OWNED O iW(; 0 kon-owned EXCESS LIAaiLITY CX? UMBRELLA FORM A ( } OTKCn THAN UMBRELLA rcRM 55C0024515 \ 10/16/82 COUILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODIlY INJURY' ANO PROPERTY DAMAGE COMBINED * * S '`.V; *>'.'! ; ' '. 'l BODILY INJURY AND PROPERTY DAMAGE COMBINED 1,000,00C 1 ? WORKERS' COMPENSATION and EMPLOYEES' LIABILITY OTHER STATUTORY s t i v.* *. r m * r * i . vr.&A 5CWTIO N UF OPCRAHONb.LOCATtOMS.VlFi; t' - .. -.*Tr"^ *jt*i State of Texas - General Liability and All owned Autos V . ,/.-w # S (B) 00296 ------------------------------------------------------------------------------------------- :--------------------------------------------------------------4 Cancellation: Should any of the aLove des^r'hod policies he cancelled before the expiration date thereof, the issuing com pany will endeavor iu mail 3Q__ auys wuiton notice to the below named certificate holder, but failure ro ; ? mail such notice shall un^nse no obligation nr liability of any kind upon the company. t AJME AMI Ar.l.-Rf Si OF CTR III ICAI C HICCIf Sunoco Terminals P.0. Box 758 Nederland, Texas 77627 --Attention:__ Jack .Benneit_ 0A1E _ISSUED- March.4,_I982_ '-O y. ,T\ >"H-