Document a1J4rKeJgRdx5LdMnLdn65KDB

[PLAINTIFF'S EXHIBIT SUN-97 INFORMATION REGARDING IMIS CONTRACT CAN BE SUPPLIED 0* ' G. L.- Dauberman/E. W. HAf ACCOUNT OR APPROPRIATION number Inqleslde XL nsWs OR USE TAX EXEMPT SUBJECT NOT SUBJECT T] STATE CONTRACT NO FSlOoi-3^57' RELEASE NO X CONTRACT RELEASE AGAINST ON-GOING SERVICES CONTRACT j__Port.Line Handlers, _Inc._ lg__ P._0._Box_956 Aransas Pass, Texas .78336. J _Attn_:Jtr.Jj._R._McWil11ams_ ;r ^__4908 Up MveOoadJ Li. Corpus Christ!. Texas 78907 Attn; E. W. West_____________ Thit AGREEMENT, tfftctn* July_L./* J2_,bw,--Sunoco TeHnlnals,..Inc. _ hereinafter called "Owner", having an office at Hwy. .147, Nederland, Texas__ 77627 and the "Contractor" shown abov^. WITNESS la consideration of the mutual promises herein made. Owner and Contractor agree as follows: ** ARTICLE I -- THE WORK: The work shall consist of: _Moor1ng.servlce..atJJwnec!s_Jngleslde.^-Iexas-terminal------ as requested.!--------------------- :----- ---- --------------------- --:-------------------------------------------- =-------- Contractor sh.1l perform aU work hereunder in .ccordnce wilh the terms ind condition, of thii Contract and the following ax noted: (X) I. Dcsgndrawings As (A)applicable--------------- !--------------------- Exhibia: PfOpOSal ' -------- ' 'y-''' (X) t. Specification, ________________:----------:-----------------------(X) s. work Dcrcription " "___________ ------------- (B)- --FFOC C&rtlflciltp------------1--_ <C) --Insuranca-Certl fIcate--i;;, ' (X) Safety and Security Requirements () --; This 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 any and all labor, supervision, permits (unless otherwise slated 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 Items noted to be specifically supplied by Owner as follows: . Hone Unless, otherwise specified, all materials to be furnished by Contractor shall be new and of a grade and quality which conforms to Owner's Standards, if such apply: 'otherwise such material must be suitable for the use intended. '' - ARTICLE S -- COMPENSATION: For satisfactory performance of the work hereunder, Owner agrees to pay Contractor in the manner and at tunes hereinafter ... specified, and Contractor agrees toaceept as full and complete payment for providing such work, compensation as follows: , 1. - . As covered by your proposal dated fi-13-79 and attached hereto as FeMME /A" 'ARTICLE 4 -- MANNER AND TIMES OF PAYMENT:' . t-Involce-by_the_ship--Tgrns:-flet-l O^days : ?. . ' ----- ' ... ' . '' * ^ / 'X ?; '.XL Prior to final payment hereunder,and as a condition thereto, Contractor shall satisfy the requirements of Clause M of the Field Services General Terms and Con* ditions on the reverse side hereof. .... '1979 ARTICLE 5 -- TERM: Work under this Contract shall commence on or about Jj|]y 1 - *11 work performed at the site shall be on the basis of * Contractor's standard work week as set forth by local agreement. No overtime shall be worked! except for spot overtime, unless approved by the Owner in writing. All work, including testing shall be complete on or before ,. ^ , . ARTICLE 6 -- CHANGES, ADDITIONS AND/OR DELETIONS: Owner reserves the right, from time to time, to make changes, additions and/or deletions 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 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 by-both-parties.---Thls-contract-oay be-tennlnated-- --by.30 days written notice,-either-party.------ ;-------- --I----------. Contractor shall make no changes in the Schedule of work to be performed hereunder, extending completion beyond the date shown in Article S above, without prior written approval of Owner. ARTICLE 7 -- INSURANCE: During the performance of all work hereunder.Comractor 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 less than indicated for the respective items: a. Workmen's Compensation and Occupational Disease Insurance, including Employer's Liability, complying with laws of the Rate 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 less than | flQQ QQ ' b. Comprehensive General Liability Insurance, including Contractual Liability and Products-Completed Operations Liability"andlExplosTon, Collapse and ' Underground Damage liability, as well as 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 less than: l,| jQOQjOQQ Bodily Injury k Property 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 limits not less thin: ,, _ I 1 .000.000 Bodtlf Injury A Property Damage Combined each occurrence and aggregate , ,, * . ' * .>. . ., d. Builders Risk Insurance: Tnc BmkJer* Risk Insurance coverage applicable to this contract is checked below. For definition of applicable coverage see Clause l.LJ'22 of Field Services General Terms and Conditions on the reverseside of this form, r ] n/a 1 "2.LJ-: v>r`.................... 1 . Prior to the commencement or any work hereunder. Contractor shall provide Certificates of Insurance evidencing coverage as defined in this Article 7, to the Owner, at the location specified in the Contraa Instructions below. ARTICLE B -- GOVERNING LAW: This Contract shall be governed by the law* of the State wherein the work is performed unless stated otherwise as follows: Commonwealth of Puerto Rico. CONTRACT INSTRUCTIONS: G. L. Daubermac -Sunoc -P.-Or B&X-7S8- ------- executed copy to Use addres shown above. If no addres is shown above, copy should be returned to the "Invoice in. .Triplicate To" address at the top of this form._______ ' - The term "State" wherever used in this Contract shall be deerrie^ to include the IN WITNESS WHEREOF, the panics have executed this Contract. ws-'-h'.'.'* - 7i L6-29-Ja CA,Zl< 79 CONTRACTOR: DATE: ' ^7" X*;. /-A. StsCovS title:-Director bf-Facilities ju /n\ nf\4AA "A POT ONE HAULERS, IHC. P. O. BOX 9S6 ARANSAS PASS, TEXAS ' /<>#- S) ------------- - ------------ Sr Aransas Pass Phona: 75B-2405 J. R. McWilliams President Corpus Christ! Phone: TU 4-3,681 R. E. Bounds Vice President & Sen. Man. Sunoco Terminals Inc. 4908 Up River Rd. Corpus Christi, Tx. 78407 June 13, 1979 Contract request for mooring service sat Ingldside. Terminal This contract made and entered into between the: AVcV'E^tL'eS^eaa --{hereafter referred to as the Shipping Agent)-, and Port Line Handlers, Inc. P. O. Box 956, Aransas Pass, ix. 78336. Port Line Handlers, Inc. (hereafter xeferred to as the Line 'HarriheT) agrees to furnish sufficient manpower to provide Shipping Agent prompt and efficient service at any hour, day or night, seven days a week, for mooring and un mooring ships, placing gangway irt position upon arrival, and removing and storing gangway at sailing time. These services shall be provided for a flat fee of $250. 00 per ship. The Line Handler also agrees to connect cargo hoses at the time dcf docking and to disconnect the same hoses when loading or discharge of cargo is com pleted. These services shall be provided for a flat fee of $150.00 . Shipping Agent agrees to notify Line Handler of ships arrival at least 24 hours prior to bar time. Shipping Agent also agrees to 2 hours prior notification for disconnection of cargo hoses and for unmooring ship. This agreement shall become effective July 1, 1979, and continue for one calen dar year until June 30, 1980, It shall automatically be extended for an additional year, under the same terms, unless one of the parties gives notice to the other party, in writing, at least 60 days prior to June 30, 1980, or any succeeding year, stating reasons for changing or terminating the agreement. Accepted ^ort Line Handlers, Inc. By, ^y~T------- .------ZT"------------- " #S(B) 0145 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE TO: SUPPLIERS SUNOCO TERMINALS, INC. is required to obtain annual certi fications and provide the following information to its actual or potential suppliers and subcontractors under Executive Orders 11246 of September 24, 1965, as amended, and 11598 of June 16, 1971 and the regulations, orders and rules promulgated thereunder. Your signature below will constitute for a period of one year from the date of execution hereof your certification of nonsegregated facilities and your assent to the incorporation by reference of the seven-paragraph Equal Opportunity Clause in every purchase order issued by this Company and any supply or service agreement entered into by this Company and you. Your signature further constitutes your assent to obtain similar certifi cations and assents from your suppliers and contractors as required under Executive Order 11246, as amended, and your acceptance of the affirmative action and EEO-1 ruling provisions where applicable. Furthermore, your signature below will constitute for a period of one year from the date of execution hereof your assent to the incorporation of the Contractor and Subcontractor Listing Requirement in every purchase order issued by this Company and any supply or service agreement entered into by this Company and you. Your signature further constitutes your assent to list all applicable employment openings with the local state employment office as required under Executive Order 11598 and as well as your acceptance of the applicable reporting requirements. Please sign and return at your earliest convenience. Yours truly. On all applicable non-exempt purchase orders or contracts exceeding $10,000 or more the seller agrees as follows: A. EQUAL OPPORTUNITY CLAUSE (Executive Order 11246) 1. The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Seller will take affirmative action to ensure that applicants are employed, and that employees are treated during # S(B) 00146 employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Seller agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer set ting forth the provisions of this nondiscrimination clause. 2. The Seller will, in all solicitations or advertisements for employees placed by or on behalf of the Seller, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3. The Seller will send to each labor union or representative of workers which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or worker's repre sentative of the Seller's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Seller v/ill comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Seller v/ill furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and v/ill permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regula tions, and orders. 6. In the event of the Seller's noncompliance with the nondiscrimi nation clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Seller may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule regulation or order of the Secretary of Labor, or as other wise provided by law. 7. The Seller will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by # S(B) 00147 rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcon tractor or vendor. The Seller will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Seller becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Seller may request the United States to enter into such litigation to protect the interests of the United States. B. CERTIFICATE OF NONSEGREGATED FACILITIES (Executive Order 11246) 1. The undersigned certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The under signed understands and agrees that a breach of this certification is a violation of the Equal Opportunity Clause; that he will retain such certifications in his files. 2. Where the Seller has more than 50 employees or sells more than $50,000 annually to SUNOCO TERMINALS, INC. : a. The Seller agrees to file with the appropriate federal agency a complete and accurate report on Standard Form 100 (EE0-1) within 30 days after the signing of this certification or the award of any such purchase order, as the case may be, (unless such a report has been filed in the last 12 months), and agrees to continue to file such reports annually, on or before March 31st. b. The Seller agrees to develop and maintain a current written affirmative action compliance program for each of its estab lishments in accordance with the regulations of the Secretary of Labor promulgated under Executive Order 11246, as amended. C. CONTRACTOR AND SUBCONTRACTOR LISTING REQUIREMENT (Executive Order 11598) The Seller agrees that all employment openings of the seller which exist at the time of the execution of this contract and those which occur dur ing the performance of this contract, including those not generated by the contract and including those occuring at an establishment of the seller other than the one wherein the contract is being performed by #S(B) 00148 excluding those of independently operated corporate affiliates, shall, to the maximum extent feasible, be offered for a listing at an appro priate local office of the State employment service system wherein the opening occurs and to provide such periodic reports to such local office regarding employment openings and hires as may be required: Provided that this provision shall not apply to openings which the seller fills from within the seller's organization and that the listing of employment openings shall involve only the normal obligations which attach to the placing of job orders. TName o Company) QarfZl, f?7f (Date) /?. 7n'1 ______________________ /^Signature of Authorized Representative) (Title of Authorized Representative}" NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. #S(B) 00149 p cr tune handlers, inc. P, O, Box 956 Aransas Pass, Tx.78336 Aransas Pass Phone: 758-2405 J, R. Me Williams President Corpus Chris ti, 884-3681 R.E, Bounds Vice Pres, 8t Ge-n. Phone Mngr. December 1, 1981 Mr. 0. L. Dauberman Sunoco Terminals, Inc. P. 0. Box.758 Nederland, TX 77427 115: Contract j'P. 3. 100-51 Dated July 1, 1979 Dear Sir: Fort Line Handlers, Inc. has been operating under the terms of the contract mentioned above for approximately l years with no change in the basic tariff rates. During that time costs of labor, transportation, and insurance have Increased significantly as they will doubtlessly continue to do. Inan attempt to help control inflation and give the best service at the lowest cost this company has postponed any price in crease during this period. However it is necessary, at this time, to bring our tariff under this contract more in line with current costs and inflation. Listed below are the rates which we think will permit us to make a reasonable return undrrvthis agreement: Mooring and Unmooring............... Connect and disconnect hoses TOTAL :?323 00 $225.00 J550.00 All other terms including the rate for "Standby-time" would remain as originally.agreed. This new rate will become effective January 1, 1982 as provided under article -r:6 of the original contract. CC: Mr. K. 0. "Buckshot" Lowrance Sunoco Terminals, Inc. 4908 Up fllver Road Corpus Christ!, TX 78407 #S(B) 00150 ftfcui am) si or agcnc. SHELTON (NS. AGENCY, INC. P.0. BOX 55 CORPUS CHRISTI, TX 78403 TEL: (512) 882-5586 KAMI AMO AOORtSS 9 INSURED Port Line Handlers, Inc. P. 0. Box 956 Aransas Pass, Texas 78336 COMPANIES AFFORDING COVERAGES Aurn"" The Employers1 Eire Ins. Co. g International Insurance Company COMPANY IIIIIM VP COMPANY it ill n This ii lo certify that polices ol insurance listed below have been issued to the insured named above and aic m lo*ce at this time. Notwithstanding any requifement. term or condition ol any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the pobcies described herem is subject to all the COMPANY irnin tYPE Of INSURANCE rot cy NuMwn GENERAL LIABILITY A i` 1 1 Q COMPmiltNSIVt FORM Q l-WlMlSti-OI'lUAMONS PR E57 95 92 PI *PSOS!ON ANO COLLAPSE J=J IIA/AIIO 1 1 UNDERGROUND HAZARD M&C Codef^l PROOWCTS/COMPLrrtO pS OPIRAIIONS HA/AflB PZ anket0 cqniracTUAL irsuranccB' n UROAO FOfrM PHOPtntY DAMAGE La irmrPtNQCNI COMRACTORS - La PtRSOK'AI INJURY v/Excl. "c,r del eted AUTOMOBILE LIABILITY fX) COMPREHENSIVE FORM 0 or.iro FR E57 95 92 0 uimo 0 NONOWRTD ! 1 EXCESS LIABILITY Q UUORELLA FORM OlHtRlltANUMlIRfUA 523 059732 9 form WORKERS'COMPENSATION And EMPLOYERS'LIABILITY . OTHER Under Separate Cover IYM r.Y < KI1I4A1 Httl tiAtl 2-15-83 Limits of Liability in Thousands (000) 1 At.M OCCURRENCE AGCRECATE iioonv injury * 300 s PPOTtHlY DAMAGE ' 100 ' 100 2-15-83 2-15-83 iiolhi v injury and I'HOIf RfVDAMAGt COMUINEO f PERSONAE INJURY MODU.Y INJURY (EACH PI RSON) BODILY INJURY (EACH ACOOEN1) I'ROPl Rt Y DAMAGE UOLHlY INJURY ANO PROt'C IFTY DAMAGE COMUINEO DODILY INJURY AND PROPERTY DAMAGE COMUINEO s 250 t 500 ` 100 l 11,000 * 300 pro* m&i il.OOO SIATUIORY 1 UATMA" Ilf # S(B) 00151 I niSCntPIttN Of OltRAIfONSAOCAliONSArtHlCltS Mooring of Ships - State of Texas RECtWEU MAR 1 2 1982 Cancellation: Should any ol Ihe above described policies be cancelled before the expirMATERIALSrMGMT.'SSomg com pany will endeavor lo mail_2_ days wrillcn nolice lo Ihe below named certificate holder, but failure lo mail such notice shall impose no obligation or liability ol any kmd upon Ihe company. NAUt ArO AtlDRCSSOr CtenriCATE HOI Of ft SUNOCO TERMINALS, INCORPORATED P. 0. Box 758 Nederland, TX 77627 ATT'N: Mr. Jack Bennett -B2 INC. AUiHOm/rn hi 1'iirsrhrAitvr