1975-09-22 CITY COUNCIL REGULAR MEETING MINUTES17
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON SEPTEMBER 22, 1975, AT 7:35 P.M. IN THE CITY HALL, 2335 N. TEXAS AVENUE,
PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor Carlton McComb
Councilman
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Cecil W. Griffin
Harry W. Farley
Gene E. Sanders
Tom Reid
Benny J. Frank
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
The invocation was given by Rev. Art Jones. The Pledge of Allegiance was led by
City Manager Wolff.
.OPENING OF BID NO. 75-8, GROUND STORAGE WATER TANK:
Bids opened as follows:
Vendor Amount
Smith Industries, Inc. $ 39,233.00
Maloney -Crawford 44,508.00
(Freight cost approximate) 1,172.00
Trico Superior, Inc. 43,511.00
It was moved by Councilman Reid, seconded by Councilman Sanders that the bids
submitted under Bid No. 75-8 be received into the records of the City. Motion
passed 5 to 0.
APPROVAL OF MINUTES:
It was moved by Councilman Farley, seconded by Councilman Reid that the minutes of
a Public Hearing held on September 3, 1975 be approved as submitted. Motion passed
5 to 0.
It was moved by Councilman Griffin, seconded by Councilman Sanders that the minutes
of the regular meeting held on September 8, 1975 be approved as submitted. Motion
passed 5 to 0.
It was moved by Councilman Frank, seconded by Councilman Griffin that the minutes
of a special meeting held on September 15, 1975 be approved as submitted. Motion
passed 5 to 0.
18
MAYOR'S ACTIVITY REPORT;
Mayor McComb reported on charges made by W. J. Koch against the Pearland Police
Department. After checking this matter it was found that the charges were so far
out that the City will take no further action on the allegations.
COUNCIL ACTIVITY REPORTS:
Councilman Farley reported that he and City Manager Wolff met with members of the
School Board to discuss the possibility of a joint City -School Tax Office. The
discussion was of a general nature, however, future meetings will be held for
further discussions.
Councilman Reid reported that the flower beds on Grand Boulevard are a result of
the efforts of the Improvement & Beautification Board, particularly Mr. Terry Gray,
Chairman of Special Project Committee.
DEPARTMENTAL REPORTS:
City Attorney Williams reported that he was working on the Weight and Truck
Re-route Ordinance, and hopefully the ordinance would be ready for council con-
sideration at the next regular meeting.
CITIZENS: None.
DOCKETED PUBLIC HEARINGS: None.
UNFINISHED BUSINESS:
DIXIE FARM ROAD - AIR CONTROL BOARD'S COMPLAINT ON DUST EMISSIONS:
Mayor McComb read two letters received from the Texas Air Control Board regarding
the Dixie Farm Road. The first letter, dated August 25, 1975, advised that the
Board has again received complaints with regard to dust conditions resulting from
traffic along Dixie Farm Road and asked the City to advise them of measures that
will be implemented to control the dust problem. The second letter, dated September
10, 1975, was in answer to a letter from City Manager Wolff, and advised the names
of the people complaining of the dust emissions along this road.
City Manager Wolff advised that he met with Mr. Stewart of the Air Control Board
and was advisedthat while the Board is reluctant to take action against a
municipality the road must be improved.
It was moved by Councilman Reid, seconded by Councilman Sanders that the letters
received from the Texas Air Control Board under dates of August 25, 1975 and September
10, 1975 be received into the records of the City. Motion passed 5 to 0.
A workshop meeting following the next regular meeting will be held to discuss this
problem.
ORDINANCE NO. 313, FINAL READING OF ORDINANCE CLOSING HEARING ON SPECIAL
ASSESSMENTS - EAST CIRCLE DRIVE:
Ordinance read in full by Councilman Griffin. (Second Reading)
It was moved by Councilman Griffin, seconded by Councilman Sanders that Ordinance
No. 313 be passed and approved on second and final reading. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 313
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING
THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS
OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF
EAST CIRCLE DRIVE WITHIN THE CITY OF PEARLAND, TEXAS;
FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH
PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENTS OF
VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF
THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF
SAID PUBLIC STREETS; DECLARING THE AMOUNT OF ASSESSMENT
AGAINST SAID ABUTTING PROPERTIES AND LEVYING SAME
AGAINST SAID PROPERTIES, AND DECLARING AN EFFECTIVE DATE.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman
Sanders and Councilman. Farley.
Voting "no" - None.
Motion passed 5 to 0.
ORDINANCE NO. 314, AN ORDINANCE ACCEPTING STREET IMPROVEMENTS ON. -EAST CIRCLE
pw� DRIVE:
Ordinance No. 314 read in.full by Councilman Reid. (Second REading)
It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance
No. 314 be passed and approved on second and final reading. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 314
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING
STREET IMPROVEMENTS ON EAST CIRCLE DRIVE.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin,
Councilman Reid and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
APPLICATION NO. 20 -_REQUEST FOR CHANGE IN LAND USE ORDINANCE.BY CITY COUNCIL:
The proposed amendments, Application No. 20, was .read into the records of the City
by Councilman Sanders.
It was moved by Councilman Sanders, seconded by Councilman Frank that Application
No. 20, an amendment to the Land Use Ordinance No. 246, be submitted to the
Planning and Zoning Commission. Motion passed 5 to 0.
It was moved by Councilman Farley, seconded by Councilman Reid that a Public Hearing
be called before the Planning & Zoning Commission for Application No. 20 at 7:30 P.M..
October 21, 1975. Motion passed 5 to 0.
20
APPOINTMENT OF MEMBER OF IMPROVEMENT AND BEAUTIFICATION BOARD:
It was moved by Councilman Reid, seconded by Councilman Sanders that Mr. Clyde
Starnes be appointed as a member of the Improvement and Beautification Board to
replace Mr. Dan Shaw. Motion passed 5 to 0.
NEW BUSINESS:
FINAL PLAT - WOODCREEK SECTION II:
It was moved by Councilman Farley, seconded by Councilman Griffin that upon
recommendation of the City Secretary, City Attorney, City Manager and Planning &
Zoning Commission that the final plat of Woodcreek Section II be accepted by the
City. Motion passed 5 to 0.
FINAL PLAT - CORRIGAN NORTH SUBDIVISION:
It was moved by Councilman Griffin, seconded by Councilman Frank that upon
recommendation of the City Secretary, City Attorney, City Manager and Planning &
Zoning Commission that the final plat of Corrigan North Subdivision be accepted
by the City. Motion passed 5 to 0.
AWARD OF BID NO. 75-8, GROUND STORAGE WATER TANK:
City Manager Wolff reported that the bids had been tabulated and that he
recommended the awarding of Bid No. 75-8 to Smith Industries, Inc, as the lowest
and best bid.
It was moved by Councilman Farley, seconded by Councilman Reid that Bid No. 75-8
for a ground storage water tank be awarded to Smith Industries, Inc. in the amount
of $39,233.00 and that the Mayor be authorized to execute necessary contract
documents. Motion passed 5 to 0.
OFFICIAL NEWSPAPER FOR THE CITY:
It was moved by Councilman Griffin, seconded by Councilman Sanders that this
item be deferred until the next regular meeting. Motion passed 5 to 0.
ADJUSTMENTS OF THE 1974-75 BUDGET:
The City Manager submitted the following estimates and expenditures for the
1974-75 Budget:
BUDGET ADJUSTMENTS
1974 - 1975
Income General Fund - Budget Year 1974-75
Budgeted Income
Estimated Income
$1,150,848.00
1,201,866.00
$ 51,018.00
Expenditures General Fund - Budget Year 1974-75
Budgeted Expenditures $1,150,848.00
Estimated Expenditures 1,038,677.00
$ 112,171.00
Income Water & Sewer Fund - Budget Year 1974-75
Budgeted Income $ 296,239.00
Estimated Income 331,002.00
$ 34,763.00
Expenditures W & S Fund - Budget Year 1974-75
Budgeted Expenditures $ 296,239.00
Estimated Expenditures $ 310,406.00
$ 14,167.00
-------------------------------------------------------------------------------
COUNCIL CONTINGENCY FUND
Balance - August 31, 1975
$ 11,991.00
It was moved by Councilman Griffins seconded by Councilman Sanders that the
City Council Contingency Fund balance of approximately $11,991.00 and any
other unencumbered budget balances be applied to any areas of budget over
expenditure. Motion passed 5 to 0.
PAVING 2400 BLOCK OF GALVESTON AVENUE:
City Manager Wolff advised the Council that he had been approached by land-
owners of the 2400 block of Galveston with a request to pave this block. The
owners have voluntarily paid to the City $2.00 per front foot for this block.
These owners are Mr. Buck Hausman, Tom Alexander, First Savings & Loan and the
Nelson Estate. They desire this block to be improved. At the present time we
are working on the next block, however, only one-half of the money has been paid
on this project.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the
City Manager be authorized to proceed with permanent improvement of the 2400
block of Galveston Avenue, since the money from the participating landowners is
in hand, and that he further be authorized to proceed with the 2500 block of
Galveston Avenue at such time as the full amount of funds from the participating
property owners be in hand. Motion passed 5 to 0.
HALLOWEEN ACTIVITIES:
Mayor McComb advised that he as well as other city officials have been approached
regarding Halloween Activities in the City. This being brought about by the death
22
of a small child in another community caused by eating poisoned candy. The
Mayor advised that this item was placed on the agenda so that an open discussion
could be held on the subject. Some members of the City Council felt a Resolution
on safety might be in order. Terry Gray advised that the Jaycees are working
on a program for the small children of the community. He advised that this
organization was thinking of some entertainment for the small children of the
City. Mayor McComb asked Mr. Gray to find out what the Jaycees might be planning
and bring this information back to the Council on the 13th of October so that the
Council could consider endorsing such a project.
OTHER BUSINESS: None.
RECESSED AT 9:15 FOR EXECUTIVE SESSION ON PERSONNEL - RECONVENED AT 9:20 P.M.
NO ACTION AS A RESULT OF EXECUTIVE SESSION.
ADJOURNED: 9:21 P.M.
Minutes approved as submitted and/or corrected this / day of �ly
A. D. 1975.
ATTEST:
City Secretar
Mayor
.1111
GeorgeV. Kane & Company "
INSURANCE CONSULTANTS
P. O. BOX 1 01?...,....., PHONE 529-3733^ 2220 BRAZOS
GEORGE V. KANE.JR. HO T• •S 77019
JERE H. DIAL,JR.,C.L.U.
RALPH L.JAMES,JR.
OSCAR M. DIMOND.JR.
ROBERT V. REIM - — (J
" UU DONALD T. LEVERIDGE
1Q�� PAUL ROBERTS
CITY OF February 10, 1976
PEA:?LAND
Mr. William E. Wolf
City Manager
City of Pearland
P.O. Box 1157
Pearland, Texas 77581
Re: Bid No. 75-8
Smith Industries, Inc.
Dear Mr. Wolf:
We wish to confirm our telephone conversation of
February 9, 1976 with your office to the effect that
the Travelers Indemnity Company Performance Bond issued
to the City of Pearland for the construction of a bolted
steel water storage tank does in fact apply to the per-
formance of the subject contract.
The "contract" in this instance consists of a purchase
order for the subject tank to be constructed in accordance
with certain bid specifications and those bid specifications
do require a one year warranty period following the com-
pletion of the job. The bond therefore, guarantees the
maintenance period just as well as any other provisions
of the "contract" .
We trust this will enable you to release the payment in
connection with this job. However, should you need
additional information, please let me know.
Very truly you ,
GEO E & CO.
l
✓" R L. mes, Jr.
RLJ:bs
YOUR'; n0epmdml
�'Bwunc! /AGENT
6","
EADLAhD
TELEPHONE (713) 485-2411
POST OFFICE BOX 1157
January 28, 1976 PEARLAND, TEXAS 77581
Smith Industries, Inc.
P. 0. Box 7398
Houston, Texas 77008 °
Attention: Mr. Mrosko
r s .f
Dear Mr. Mrosko:
Attached are three bonds issued by The Travelers Indemnity Company
which covered the requirements of the City for the erection of a 10,000
barrel galvanized, bolted, steel storage water tank under Bid No. 75-8.
We have found that your Company failed to sign the bonds, therefore,
they are being returned for signature. Please return the executed
Bonds to the City for our records.
We have discussed the matter of a Maintenance Bond for one year
with our City Attorney, and he has advised that such a Bond should be
on file with the City. This is the matter I discussed with you a week
or so ago. If you have any questions I would appreciate your calling
Mr. Bobby Williams 485-2474 and discussing the matter with him.
We would appreciate your attention to the above so that our file
may be completed. Thank you very much.
Yours ery truly,
Dorothy L. Cooke
City Secretary
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enc: Bid Bond, Performance Bond & Labor & Materials Payment Bond
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SMITH INDUSTRIES, INC
Know All Men By These Presents, That we, •
�,.4 of Houston, Texas �,1,;
s o (hereinafter called the Principal), as 4
Principal, and THE TRAVELERS INDEMNITY COMPANY, a corporation, organized and existing under the
o'a e1
I laws of the State of Connecticut and having its principal place of business in Hartford, Connecticut (hereinafter A 1 .
``�'. called the Surety),as Surety, are held and firmly bound unto City of Pearland, Pearland, Ja
w14 Texas (hereinafter called the Obligee) in the penal sum of
0
•Q 5% Greatest Amount Bid 5___GAB______ )
sf, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, suc-
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p! cessors and assigns, jointly and severally, firmly by these presents. o'
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stI•> THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or isz
F about to submit a proposal to the Obligee on a contract for Erecting a 10, 000 barrel ,I .,
.
I _galvanized, bolted, steel storage water tank
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p NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such kA4
It time as may be specified,enter into the contract in writing, and give bond,with surety acceptable to the Obligee for ! •
o9t s
,,o the faithful performance of the said contract; or if the Principal shall fail to do so, pay to the Obligee the damages
which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation
At A / a
shall be void; otherwise to remain in full force and effect. . ,
4
SIGNED, SEALED AND DATED this 16th day of September , 1975
e`a
, SMITH INDUSTRIES, INC.
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. , HartFord, Connecticut .
The Travelers Indemnity Company
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut,
does hereby make, constitute and appoint
Geo. V. Kane, Jr., R. L. James, Jr. , Robert V. Reim, all of Houston, Texas, EACH
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company
as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings,recognizances,consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or
other written obligations in the nature thereof not exceeding in amount
Five Hundred Thousand Dollars ($500,000) in any single instance
and to bind THE TRAVELERS INDEMNITY COMPANY thereby,and all of the acts of said Attorney(s)-
in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws
are now in full force and effect:
ARTICLE IV,SECTION 13. The Chairman of the Board, the President,the Chairman of the Finance Committee,
the Chairman of the Insurance Executive Committee,any Senior Vice President,any Vice President,any Second
Vice President,any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power
and authority,as defined er limited in their respective powers of attorney, for and on behalf of the Company to
execute and deliver,and affix the seal of the Company thereto, bonds, undertakings, recognizances,consents of
surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-
in-fact or agent and revoke the power and authority given to him.
ARTICLE IV,SECTION 15. Any bond, undertaking, recognizance,consent of surety or written obligation in the
nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the
President, the Chairman of the Finance Committee,the Chairman of the Insurance Executive Committee,any
Senior Vice President,any Vice President or any Second Vice President and duly attested and sealed,if a seal is
required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the
Chairman of the Board,the President,the Chairman of the Finance Committee, the Chairman of the Insurance
Executive Committee,any Senior Vice President,any Vice President or any Second Vice President and counter-
signed and sealed,if a seal is required,by a duly authorized attorney-in-fact or agent;and any such bond,under-
taking,recognizance,consent of surety or written obligation in the nature thereof shall be valid and binding upon
the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents
pursuant to and within the limits of the authority granted by his or their power or powers of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called
and held on the 30th day of November, 1959:
VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by
facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance or other written obligation in the nature thereof;such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal
of the Company,to be valid and binding upon the Company with the same force and effect as though manually
affixed.
This power of attorney revokes that dated March 9, 1970 on behalf of
Geo. V. Kane, Jr., R. L. James, Jr. , Robert V. Reim
IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these
presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 4th
day of August 19 72
..��� THE TRAVELERS INDEMNITY COMPANY
- \NDE444iNI
�W��' ,►..` ����� By
z`: SEAL ='Oi
� itti1''°=*•- --' r Secretary, Surety
--
State of Connecticut, County of Hartford—ss:
On this !i-t}1 day of August in the year 1972 before me personally
came E.A. Houser III to me known,who,being by me duly sworn, did depose and say: that he resides in
the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY,
the corporation described in and which executed the above instrument; that he knows the seal of said corpo-
ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his
office under the by-laws of said corporation, and that he signed his name thereto by like authority.
soMF t
•
t ,Il
�``•NOTARY
PUBLIC
to • Notary Public
%1AnNECT\G _ My commission expires April 1, 1974
(Over)
S-1869 PRINTED IN U.S.A. 671
CERTIFICATION
I, D. J. Nash, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY
certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article IV of
the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been
abridged or revoked and are now in full force and effect.
Signed and Sealed at Hartford, Connecticut, this 16th day of Sept. 19 75
xNDE41N�j/-1111
4 SEAL
t, `• a� Assistant Secretary, Surety
S-1869 (BACK)
The Travelers Indemnity Company
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut,
does hereby make, constitute and appoint
Geo. V. Kane, Jr., R. L. James, Jr. , Robert V. Reim, all of Houston, Texas, EACH
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company
as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings,recognizances,consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or
other written obligations in the nature thereof not exceeding in amount
Five Hundred Thousand Dollars ($500,000) in any single instance
and to bind THE TRAVELERS INDEMNITY COMPANY thereby,and all of the acts of said Attorney(s)-
in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws
are now in full force and effect:
ARTICLE IV,SECTION 13. The Chairman of the Board,the President, the Chairman of the Finance Committee,
the Chairman of the Insurance Executive Committee,any Senior Vice President,any Vice President,any Second
Vice President,any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power
and authority,as defined or limited in their respective powers of attorney,for and on behalf of the Company to
execute and deliver,and affix the seal of the Company thereto, bonds, undertakings, recognizances,consents of
surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-
in-fact or agent and revoke the power and authority given to him.
ARTICLE IV, SECTION 15. Any bond, undertaking, recognizance,consent of surety or written obligation in the
nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the
President, the Chairman of the Finance Committee,the Chairman of the Insurance Executive Committee,any
Senior Vice President,any Vice President or any Second Vice President and duly attested and sealed, if a seal is
required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the
Chairman of the Board, the President,the Chairman of the Finance Committee, the Chairman of the Insurance
Executive Committee,any Senior Vice President,any Vice President or any Second Vice President and counter-
signed and sealed,if a seal is required,by a duly authorized attorney-in-fact or agent;and any such bond,under-
taking,recognizance,consent of surety or written obligation in the nature thereof shall be valid and binding upon
the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents
pursuant to and within the limits of the authority granted by his or their power or powers of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called
and held on the 30th day of November, 1959:
VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by
facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance or other written obligation in the nature thereof;such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal
of the Company,to be valid and binding upon the Company with the same force and effect as though manually
affixed.
This power of attorney revokes that dated March 9, 1970 on behalf of
Geo. V. Kane, Jr., R. L. James, Jr. , Robert V. Reim
IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these
presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 11•th
day of August 19 '72.
THE TRAVELERS INDEMNITY COMPANY
Wv�S oM,y".ity/ By
% SEAL
$ " "??- Secretary, Surety
State of Connecticut, County of Hartford—ss:
On this 4th day of August in the year 1972 before me personally
came E. A. Houser III to me known,who, being by me duly sworn, did depose and say: that he resides in
the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY,
the corporation described in and which executed the above instrument; that he knows the seal of said corpo-
ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his
office under the by-laws of said corporation, and that he signed his name thereto by like authority.
S0 •
41
4k; NOTARY
* PUBLIC ' * Notary Public
O^'NECoG My commission expires April 1, 1974
(Over)
S-1869 PRINTED IN U.S.A. 671
CERTIFICATION
I, D. J. Nash, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY
certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article IV of
the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been
abridged or revoked and are now in full force and effect.
Signed and Sealed at Hartford, Connecticut, this 25th day of Sept 19 75
•
rS DE410
N
SEAL
z Assistant Secretary, Surety
S-1869 (BACK)
,c z-�
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1 ,,, TH vi: TRAVELERS c r4
'`' ' THE TRAVELERS INDEMNITY COMPANY • HARTFORD, CONNECTICUT
147
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�, PERFORMANCE BOND . `:
,R r
e.
Approved by The American Institute of Architects, A.I.A. ii
;i;,
,\ Document No. A-311 February 1970 Edition 1 ;.
,,,t Gl`
'
KNOW ALL MEN BY THESE PRESENTS:
O E ES S S ;
i
JI1 SMITH INDUSTRIES, INC.
D I That _,
(Here insert full name and address or legal title of Contractor)
P O Box 7398, Houston, Texas 77008 _
u 1
tj as Principal,hereinafter called Contractor, and THE TRAVELERS INDEMNITY COMPANY, a corporation,
organized and existing under the laws of the State of Connecticut and having its principal place of business in
12
l Hartford, Connecticut, as Surety, hereinafter called Surety, are held and firmly bound unto 40
CITY OF
PEARLAND, PEARLAND, TEXAS
ot (Here insert full name and address or legal title of Owner) ^
rti�
THIRTY NINE THOUSAND TWO
as Obligee, hereinafter called Owner, in the amount of — yy
!:;
t'r', HUNDRED THIRTY THREE AND NO/l00 Dollars ($ 39 ,233.00 ),
for the payment whereof Contractor and Suretybind themselves,their heirs,executors,administrators,successors
s�; P Yin
i and assigns,jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated September 23, 1975
_
4,
entered into a contract with Owner for Erecting a 10,000 bbl galvanized, bolted
steel storage water tank
j
in accordance with drawings and specifications prepared by
IT
IT
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
`I
1?, !.,1 S-1834 REV.4-70 PRINTED IN U.S.A.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment
to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the per-
formance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,
subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Prin-
cipal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor
and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service
or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant
as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date
on which the last of such claimant's work or labor was done or performed, or materials were furnished by such
claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or
sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment
of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice
to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after
such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said
claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the
materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by
mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served
in any manner in which legal process may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it
being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project,or any part thereof,is situated,or in the United States District Court for the district
in which the project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 25th day of September
A. D. 1975
IN THE PRESENCE OF: SMITH INDUSTRIES, INC
Principal (Seal)
/C1)2
Title
THE TRAVELERS INDEMNI PANY
Surety) (Seal)
E��2 Q.t/ by • _ �u h._sO Attorney- —Fact
46; vii110°
err air
FASTENER DIVISION11121
SMITH INDUSTRIES, INC.
OIL & GAS DIVISION
GALVANIZING DIVISION
SPECIAL COATINGS DIVISION
8300 HEMPSTEAD HIGHWAY • HOUSTON, TEXAS 77008
P. O. BOX 7398 • AREA CODE 713 • 869-1421
SERVING INDUSTRY WITH QUALITY PRODUCTS , DEPENDABLE SERVICE j
September 16 , 1975
S. I . Ref: 75-9-311/4)1(
City of Pearland
P.O. Box 1157
Pearland, Texas 77581
Attention: Mrs . Dorothy L. Cook
SUBJECT: BID NO. 75-8 GALVANIZED BOLTED STEEL TANK
Gentlemen:
We are pleased to submit our quote on the above subject as
follows :
1 - 10 , 000 bbl.' 429 , 177 gallon Galvanized Bolted Steel Tank
w/flat bottom. Bottom ga. 10," Shell ga. 7-10-10 w/12
ga. deck. - U``
54 ' -l1 3/4" ID x 24 ' -1 1/2" High
Tank equipped as follows :
,
e' l - 20" Dome with 8" Mushroom Screened Vent
v-1 - 24" x 24" Deck Manway with locking device
+✓1 - Inside Ladder
�� 1 - Outside Ladder, caged'
-3 - 24" x 48" Cleanout, flush type
t--11 - Set of Tar Paper
1/2" Asphalt sheeting under tank at ring wall
Tank Flange Unions :
✓3 - 8" Flanges ending with 150# Flanges outside only
‘,1 - 8" flap valve
Piping, valves or misc. fittings not furnished unless called out
in quote .
Price ' $39 , 233 . 00
Delivered and erected w/non-union labor on Customer' s foundation.
il%�'
4yR
A • ,! Alb
Page 2
City of Pearland Smith Industries , Inc.
S. I . Ref: 75-9-31 Houston, Texas
Terms : Net 30 days .
The price offered by this quotation is firm for 30 days from the
date of quotation. The prices for any and all equipment ordered
from or covered by this quotation within this 30 day period will
be firm until shipment of the equipment excepting any changes
requested by you and/or any changes made by us because of material
shortage ; such latter changes subject to your approval . After
expiration, this quotation can be reviewed and updated upon your
request .
Delivery: This tank can be delivered in 3-4 weeks , after
receipt of your Purchase Order .
We thank you for the opportunity of extending the above quotation.
If we can be of further service, please advise .
Very truly yours ,
SMITH INDUSTRIES, INC.
Oil Ej Gas Division
Al Mrosko
Sales Coordinator
AM: jh
•
FASTENER DIVISION 421E SMITH INDUSTRIES, INC.
O I L & G A S DIVISION
GALVANIZING DIVISION
SPECIAL COATINGS DIVISION
8300 HEMPSTEAD HIGHWAY • HOUSTON, TEXAS 77008
P. O. BOX 7398 • AREA CODE 713 • 869-1421
SERVING INDUSTRY WITH QUALITY PRODUCTS , DEPENDABLE SERVICE
September 16 , 1975
S. I . Ref: 75-9-31
City of Pearland
P.O. Box 1157
Pearland, Texas 77581
Attention: Mrs . Dorothy L. Cook
SUBJECT: BID NO. -75-8- GALVANIZED BOLTED STEEL TANK
Gentlemen:
We are pleased to submit our quote on the above subject as
follows :
1 - 10 ,000 bbl. 429,177 gallon Galvanized Bolted Steel Tank
w/flat bottom. Bottom ga. 10, Shell ga. 7-10-10 w/12
ga. deck.
54 ' -11 3/4" ID x 24 ' -1 1/2" High
Tank equipped as follows :
1 - 20" Dome with 8" Mushroom Screened Vent
1 - 24" x 24" Deck Manway with locking device
1 - Inside Ladder
1 - Outside Ladder, caged'
1 - 24" x 48" Cleanout, flush type
1 - Set of Tar Paper
1/2" Asphalt sheeting under tank at ring wall
Tank Flange Unions :
3 - 8" Flanges ending with 150# Flanges outside only
1 - 8" flap valve
Piping, valves or misc. fittings not furnished unless called out
in quote.
Price ' $39, 233 . 00
Delivered and erected w/non-union labor on Customer' s foundation.
ti
OPN
Page 2
City of Pearland Smith Industries , Inc.
S. I . Ref: 75-9-31 Houston, Texas
Terms : Net 30 days .
The price offered by this quotation is firm for 30 days from the
date of quotation. The prices for any and all equipment ordered
from or covered by this quotation within this 30 day period will
be firm until shipment of the equipment excepting any changes
requested by you and/or any changes made by us because of material
shortage; such latter changes subject to your approval . After
expiration, this quotation can be reviewed and updated upon your
request.
Delivery: This tank can be delivered in 3-4 weeks , after
receipt of your Purchase Order.
We thank you for the opportunity of extending the above quotation.
If we can be of further service, please advise .
Very truly yours ,
SMITH INDUSTRIES, INC .
Oil & Gas Division
Al Mrosko
Sales Coordinator
ATM j h
bow, ...
THE TRAVELERS
Certificate of Insurance
This is to certify that policies of insurance as described below have been issued to the insured named below and are in force at this time.
If such policies are canceled or changed during the periods of coverage as stated herein, in such a manner as to affect this certificate,
10 DAYS written notice will be mailed to the party designated below for whom this certificate is issued.
1. Name and address of party to whom this certificate is issued 2. Name and address of insured
r
City of Pearland SMITH INDUSTRIES 9NC
P 0 Box 157 P 0 BOX 739E
Pearland, Texas 77581 HOUSTON, TX
L Attn: Mr Wolff J
3. Location of operations to which this certificate applies
TX & 'f
4. Coverages For Which
Insurance is girded Limits of Liability Policy Number Policy Period**
Workmen's Compensation and Compensation—Statutory `
Employers'Liability in the state
named in item 3 hereof
Bodily Injury Liability +
—except automobile
$ ,000 each person
$ ,000 each occurrence
_ ,000 aggregatet
tCompleted Operations
_cluding Protective and Products only
Property Damage Liability
—except automobile
_ ,000 each occurrence
cluding Protective $ ,000 aggregate
Bodily Injury Liability
—automobile $ 100 ,000 each person
$ ,000 each accident 50NSA.�399A960n*1"75
$ 300 ,000 each occurrence
Property Damage Liability * NSA..B9'9A,6U's+3 f 5 .0 1,
—automobile $ ,000 each accident
$ le0 ,000 each occurrence
Liability (Bodily Injury and $ ,000 each occurrence
Property Damage) = ,000 aggregate
,000 each occurrence
Catastrophe or Excess $ ,000 each aggregate
_ ,000 deductible amt.
*Absence of an entry in these spaces means that insurance is not afforded with respect to the coverages opposite thereto.
**Policy is effective and expires at 12:01 A.M.,standard time at the address of the named insured as stated herein.
! cription of Cerations,or Automobiles to which the policy applies:
ALL OWNEDg NO ...OWNE 3 & H I RED AUt0. 1OB I tE5
nT1 m S CERT d M M MATE 0? E SU NCE NE:I` ►DER AFFIRMATIVELY OR NEGAikVaN
AMENDS e EXTENDS OR ALTERS THE -C VER'AGE AFFORDED- BY THE POD:.2 C I E,
The insurancp„Amickokis slibjokall q(tllg erms of tlie gplicy,including endorsements applicable thereto.
Producer ' '' td
� Office BBa Date 9/25/75
EQUITABLE FIRE AND MARINE INSURANCE COMPANY THE TRAVELERS INSURANCE COMPANY
THE TRAVELERS INDEMNITY COMPANY
THE CHARTER OAK FIRE INSURANCE COMPANY
By 7-YL-,..‹.
Secretary,Casuaity,_Property Department By
Secretary, Casualty-Property
C-5918 Rev.7-68 PRINTED IN U.S.A. 371 Department
a--, INSriIANCE CERTIFI('TE
THIS IS TO CERTIFY THAT the policy or policies, if any, described in items 1 through 6 have been issued by the Texas Employers Insurance Association,
and/or the Employers Casualty Company, and/or the Employers National Insurance Company as Insurer or Insurers to the Insured designated in this certificate,
and that each such policy or policies, subject to the limits of liability, exclusions, provisions, conditions and other terms thereof, are in full force and effect as
-o of the dote of this certificate. If any such policy is cancelled or is not renewed at the request of either the Insured or the Insurer, or if any such policy or
L any renewal thereof is changed in any manner or for any reason so as to affect this Certificate, ten days' prior written notice will be mailed by the Insurer
r, to the certificate holder, herein named. THE CERTIFICATION OF INSURANCE AS SHOWN IN THIS CERTIFICATE REMAINS IN EFFECT UNTIL TEN DAYS'
`o PRIOR WRITTEN NOTICE IS MAILED TO THE CERTIFICATE HOLDER (at the address shown below) AS ABOVE PROVIDED, or if a date is shown in the column
u
headed "expiration date," such insurance shall expire either upon such date, or upon the date specified in written notice moiled ten days prior thereto, which-
.1:,- ever date shall first occur. This certification is not a joint but is a separate undertaking of each of the insurance carriers shown below.
u This certificate neither affirmativelyor negatively amends, extends, or alters the coverage afforded bythe policyor
2
9 Y 9 policies certified.
F NAME AND ADDRESS OF CERTIFICATE HOLDER EFFECTIVE DATE OF THIS CERTIFICATE
o September 25, 1975
E ISSUED AT
City of Pearland
v P. 0. Box 1157 Houston, Texas
Pearland, Texas Texas EmPLOYeRs'
Ta Attn: Mr. Wolff insuRance AssoclaTlon
! .
NAME AND ADDRESS OF INSURED En'1PLOYeRS NaTIOnaL
insuRance company
Smith Industries, Inc. EMPLOYeRs casuaLTY
P.O. Box 7398 company
Houston, Texas 77008
DALLAS, TEX{ .\
BY (Authorized 1sen tqg, j
../L
(Signe
(Type JamPs L- Speck Diet Mgr-
INSURANCE IN FORCE LIMITS OF LIABILITY NOT LESS THAN
Expiration Each Accident STATE AND
Date Each (or Occurrence) Per Policy LOCATION OF OPERATIONS
Kind Policy Number Person Per Policy Provisions Or Aggregate
Ti Item 1 Coverage Fully Complies With Requirements of
z o '
A Texas Workmen's Compensation Law
m
c v J 1.794 fir, Disease Only STATE OF TEXAS
a " ° Coverage 4 774,^
E B And Renewal If Blank- XXX $100��� $100 000
c 3 "' Thereof See Headingr r
a Item 2 Coverage Fully Complies With Requirements
E A of State Law
c d
`o E m I Disease Only
o.o J
° Coverage
L 3 " E B And Reno f BHeading . X X X $100 000 $100 000
"' Thereof See Heading r r
a Item 3
o Coverage Fully Complies With Requirements
LL a A of State Law
E a
°e 7 5 Y 7 43* Disease Only State of Louisiana
409
`, °A Coverage
SE B AndRenewal la X X X $100 000 $100 000
3 Thereof
hereof Seea Heading
r rng
Item 4 Bodily p (n�((�� ((fi�nn
.ia, Injury 540797 X X X PIdGYt,QM9 U.S.A., ITS TERRITORIES OR
y.nL
300,000 POSSESSIONS AND CANADA
r m°e a Damapropege
to And Renewal If Blank-
XXX $ 100'000 $ 1 np,nnn
c.�� Damage Thereof See Heading
Item 5 Bodily $ $ Not
o D Injury Applicable U.S.A., ITS TERRITORIES OR
= =
a''A Property And Renewal If Blank- Not POSSESSIONS AND CANADA
'1" Damage Thereof See Heading X X X $ Applicable
Item 6 $ $ $
And Renewal If Blank- $ $ $
Thereof See Heading
REMARKS *WC provides coverage under United States Longshoremen's and Harbor Workers Act.
4**CGL Affords Contractual Coverage subject to all the insuring agreements,
conditions and other provisions of the policy and its endorsements./mp
/ap
TECO 4591-C (9-68) MIMEO (4590-C-TYPEWRITER; 4592-C-DITTO; 4593-C-DUPLICATOR)
''_ INSI'"RANCE CERTIFI( TE
vi
THIS IS TO CERTIFY THAT the policy or policies, if any, described in items 1 through 6 have been issued by the Texas Employers Insurance Association,
and/or the Employers Casualty Company, and/or the Employers National Insurance'Company as Insurer or Insurers to the Insured designated in this certificate,
and that each such policy or policies, subject to the limits of liability, exclusions, provisions, conditions and other terms thereof, are in full force and effect as
a of the date of this certificate. If any such policy is cancelled or is not renewed at the request of either the Insured or the Insurer, or if any such policy or
i any renewal thereof is changed in any manner or for any reason so as to affect this Certificate, ten days' prior written notice will be mailed by the Insurer
u to the certificate holder, herein named. THE CERTIFICATION OF INSURANCE AS SHOWN IN THIS CERTIFICATE REMAINS IN EFFECT UNTIL TEN DAYS'
`o PRIOR WRITTEN NOTICE IS MAILED TO THE CERTIFICATE HOLDER (at the address shown below) AS ABOVE PROVIDED, or if a date is shown in the column
headed "expiration date," such insurance shall expire either upon such date, or upon the date specified in written notice mailed ten days prior thereto, which-
ever date shall first occur. This certification is not a joint but is a separate undertaking of each of the insurance carriers shown below.
U This certificate neither affirmativelyor negatively amends, extends, or alters the coverage afforded bythe
2
9 Y 9 policy or policies certified.
NAME AND ADDRESS OF CERTIFICATE HOLDER EFFECTIVE DATE OF THIS CERTIFICATE
c
E ISSUEDt t.aber 25, 1975
T
City of Pearland
P. 0. Box 1157 Houston, Texas
01
Pearland, Texas Texas EmPLOYeRS'
Attn: Mr. Wolff • insuRance AssociaTlon
! .
NAME AND ADDRESS OF INSURED EmPLOYeRS NaTionaL.
InsuRance company
Smith Industries, Inc. EmPLOYeRS casuaLTY
P.O. Box 7398 company
Houston, Texas 77008
DALLAS, TEXI}S
BY ��j�(Authoriz�,d /lesen tl♦�)�
(5igne ili V •
(Type .Tames T._ SpPck TU,st_ Mgr_
INSURANCE IN FORCE LIMITS OF LIABILITY NOT LESS THAN
;
Expiration Each Accident STATE AND
Dote Each (or Occurrence) Per Policy LOCATION OF OPERATIONS
Kind Policy Number Person Or Aggregate
Per Policy Provisions
7, Item 1 Coverage Fully Complies With Requirements of
o. A Texas Workmen's Compensation Law
c o�° 47943* Disease Only
o Coverage
77 ,^ STATE OF TEXAS
c 3 p E B AndT Renewal Heading X X X $100 000 $100 000
"' Thereof See Heading r r
5 Item 2 Coverage Fully Complies With Requirements
E A of State Law
ri a
o E m
c J Disease Only
m ▪ A a Coverage
L 3 E B And Renewal f BHeading X X X $100 000 $100 000
Thereof See Heading r r
1 Item 3
p Coverage Fully Complies With Requirements
w A of State Law
E 540943# Disease Only State of Louisiana
a a
, ` Coverage
3 E B AndT Renewal f BHeading X X X $100 000 $100 000
Thereof See Heading r r
Item 4 Bodily �+ (�(� (�(�
— A Injury 540797*W X X X $ 300'()OO $p5j�Yt11�M9 U.S.A., ITS TERRITORIES OR
q"c�
d a E Property And Renewal If Blank- � POSSESSIONS AND CANADA
% Damage Thereof See Heading X X X $ 100,000 $ 100'�O
Item 5 Bodily $ $ Not
„ y. Injury Applicable U.S.A., ITS TERRITORIES OR
v=
Property And Renewal If Blank- Not POSSESSIONS AND CANADA
a s L Damage Thereof See Heading X X X $ Applicable
Item 6 $ $ $
And Renewal If Blank- $ $ $
Thereof See Heading
REMARKS *WC provides coverage under United States Longshoremen's and Harbor Workers Act.
**COL Affords Contractual Coverage subject to all the insuring agreements,
conditions and other provisions of the policy and its endorsements./mp
/ap
TECO 4591-C (9-68) MIMEO (4590-C-TYPEWRITER; 4592-C-DITTO; 4593-C-DUPLICATOR)
Aft.
SUBURBAN PUBLICATIONS, INC.
P.O. BOX 770
FRIENDSWOOD, TEXAS 77546
482-7501
a
AFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me, the undersigned authority, a Notary Public in and for the
•
County of 1.41,Ae.„74: , and the State of Texas, on . this day personally
appeared: Donald E. Carpenter, who after being duly sworn, says that he is
the President of Suburban Publications, a weekly newspaper published in
said County and State, and that the publication, of which the annexed is
a true copy, was published to-wit:
H1,A76-ce --
472
NOTICE TO BIDDERS • Donal E. arpenter�
Bid No.75-8
Staled and marked bids will be President
received in the office of the City
Secretary of the City of Pearland,
Texaseichon or before 12:00 Noon,
Friday,September 19, 1975 for one
SI 111 new 10,000 barrel galvanized before me, this the
bolted, steel ground storage water - /f A.D.
tank with the following 'y2fy//
C�a` specifications:
A. Tank diameter approxi- ,
mately 55 feet.
Tank height approxi-
mately
ately 24 feet.
C. Material thickness Not Public in an for the
111 Tank bottom - 10 gauge
121 First ring - 7 gauge Coun of State of Texas
131 Second ring - 10 gauge
141 Third ring - 10 gauge
151 Tank deck - 12 gauge
D.24 inch by 48 inch clean-out
hatch.
E. Outside ladder with cage,
OSHA Standard.
F.8 inch screened dome vent -
AWWA approved.
G.Top manhole-24 inch by 24
inch, locked cover.
H. 8 inch screened over-flow
with flat valve, AWWA
approved.
I. Three 8 inch outlets with
standard weld flanges.
J. Inside Ladder
K. Tar paper to be used under
bottom and one-half inch
asphalt sheeting to be used
under bolts on ring-wall.
Bid will include tank erection
on foundation to be constructed by
the City. Quotation will include all
materials, labor, superintendence,
following
NOTICE TO BIDDERS
BidNo.75-8 -nk diameter approxi-
Sealed and marked bids will be matety 55 feet.
received in the office of the City B. Tank height approxi
Secretary of the City of Pearland. mately 24 feet.
Texas on or before 12:00 Noon, C. Material thickness
Friday,September 19,1975 for one 111 Tank bottom • 10 gauge
111 new 10,000 barrel galvanized, 121 First ring - 7 gauge
bolted,steel ground storage water 131 Second ring - 10 gauge • 11 1975
tank with the following 141 Third ring • 10 gauge
specifications: 151 Tank deck - 12 gauge NOTICE
A. Tank diameter approxi- D.24 inch by 48 inch clean-out
mately 55 feet. hatch.
B. Tank height approxi- E. Outside ladder with cage, fink with the following
mately 24 feet. OSHA Standard. specifications:
C. Material thickness F.8 inch screened dome vent - A. Tank diameter approxi-
I I Tank bottom - 10 gauge AWWA approved. mately 55 feet.
121 First ring - 7 gauge G.Top manhole•24 inch by 24 B. Tank height approxi-
mately 24 feet.
131 Second ring - 10 gauge inch, locked cover. C Material thickness
141 Third ring - 10 gauge H. 8 inch screened over-flow 111 Tank bottom - 10 gauge
151 Tank deck - 12 gauge with flat valve, AWWA
D.24 inch by 48 inch clean-out approved. 121 First ring 7 gauge
hatch. I. Three 8 inch outlets with 131 Second ring 10 gauge
standard weld flanges. 141 Third ring - 10 gauge
E. Outside ladder with cage, 15) Tank deck 12 gauge
OSHA Standard. J. Inside Ladder D.P4 inch by 48 inch clean-out
F.8 inch screened dome vent K.Tarpaper to be used under hatch.
AWWA approved. bottom and one-halt inch E. Outside ladder with cage,
G.Top manhole-24 inch by 24 asphalt sheeting to be used OSHA Standard.
inch, locked cover. under bolts on ring-wall. F.8 inch screened dome vent
•
H. 8 inch screened over-flow Bid will include tank erection AWWA approved.
with flat valve, AWWA on foundation to be constructed by G.Top manhole-24 inch by 24
approved. the City. Quotation will include all inch, locked cover.
1. Three 8 inch outlets with materials, labor, superintendence, H. 8 inch screened over-flow
standard weld flanges. terms, warranty and construction with flat valve, AWWA
J. Inside Ladder time FOB, Pearland, Texas. Bids approved.
K. r paper to be used under will be opened by the City Council at I. Three 8 inch outlets with
bottom and one-half inch 7:30 p.m. Monday, September 22, standard weld flanges.
asphalt sheeting to be used 1975 at the City Hall, 2335 North J. Inside Ladder
under bolts on ring-wall. Texas Avenue. Pearland, Texas. K.Tar paper to be used under
Bid will include tank erection A 5% Bid Bond will accompany bottom and one-half inch
on foundation to be constructed by the vendor's quotation and the City asphalt sheeting to be used
the City. Quotation will include ail of Pearland reserves the right to under bolts on ring-wall.
materials, labor. superintendence, NOTICE TO BIDDERS accept or reject any or all bids.
terms, warranty and construction Bid No.75-8 The successful Bidder will be Bid will include tank erection
time FOB, Pearland, Texas. Bids Sealed and marked bids will be ce on foundation to be constructed by
will be opened by the Cityreceived in the office of the City god Pa to en bBond,Certimit a ficate of the City. Quotation will include all
7:30 Council at Secretary of the City of Pearland, materials, labor, superintendence,
p.m. Monday, September 22, Insurance and after construction,a terms, warranty and construction
1975 at the City Hall. 2335 North Texas on or before 12:00 Noon, Maintenance Bond for one year.
Texas Avenue, Pearland, Texas. Friday,September 19, 1975 for one time FOB, Pearland, Texas. Bids
A 5% Bid Bond will accompan, 111 new 10,000 barrel galvanized, will be opened by the City Council at
the vendor's quotation and the Citr Dorothy I,. Cook 7:30 p.m. Monday, September 22,
bolted, steel ground storage water City Secretary 1975 at the City Hall, 2335 North
of Pearland reserves the right to _---
accept or reject any or all bids. Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany
The successful Bidder will be the vendor's quotation and the City
required to submit a Performance
Bond,Pay-meet Bond,Certificate of ----- --------
of Pearland reserves the right to
Insurance and after construction, a NOTICE TO BIDDERS accept or reject any or all bids.
Maintenance Bond for one year. Bid No.75-8 The successful Bidder will be
Sealed and marked bids will be required to submit a Performance
Dorothy I.. Cook received in the office of the Cit good,Payment Bond,Certificate of
City Secretary of the City of Pearland Insurance and after construction, a
Secretary
Texas on or before 12:00 Noon, Maintenance Bond for one year.
Friday,September 19,1975 for one
111 new 10,000 barrel galvanized, Dorothy I.. cook
bolted,steel ground storage water City Secretary
n- 3S .�? 3- era J
' = 2 g ,.,1�^ 4 ; >� a.D Z* 9 4 Ac tc: m cxv.r -. x5'n>'+7pnrC, �'-'3 lA3 >c:��,n r m' <'l
' ,< , o ; '< s 3 A W q t'e m a 2 S^ ' 71,T'o Soo?: °tl MI).S f �G C.i N—3 S ..,�I.E x -I.7�e a'C C
3o ' ,,t c,v.-Co7 't43 a F , ^9 �' 9:, < S t, >5 > E. SA,7mA < a < 5 ° �mo' o B,° w
n. 0 s'-,aae ^,cazwmc8'=a v 'to- se , ' 5 T� n e ,,' Nov, U m , . At7
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7 ' S _.; •U N 0 2 a a �•a =, !�' •e ^ m d T •i A e o n E•a N o n a A=
m . , o.e,< s N g. °.o° T C,Cr 7 a s•', T >E 0,0 ^ T 70 >t N ; B. ? 6..e A
SUBURBAN PUBLICATIONS, INC.
P.O. BOX 770
FRIENDSWOOD, TEXAS 77546
482- 7501
AFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me, the undersigned authority, a Notary Public in and for the
County of , and the State of Texas, on . this day personally
appeared: Donald E. Carpenter, who after being duly sworn, says that he is
the President of Suburban Publications, a weekly newspaper published in
said County and State, and that the publication, of which the annexed is
a true copy, was published to-wit:
-tce' .
///f7T
Don d E. C .
President
Sworn and subscribed to before me, this the
•
day of A.D. /92r
(/,%%; . 5 :.
Nota Public in and or the _
Coup of 4t State of Texas
AM ,000
SUBURBAN PUBLICATIONS, INC.
P.O. BOX 770
FRIENDSWOOD, TEXAS 77546
482-7501
AFIDAVIT OF PUBLICATION
STATE OF TEXAS*
Before me, the undersigned authority, a Notary Public in and for the
County of , and the State of Texas, on . this day personally
appeared* Donald E. Carpenter, who after being duly sworn, says that he is
the President of Suburban Publications, a weekly newspaper published in
said County and State, and that the publication, of which the annexed is
a true copy, was published to-wits peJLLAi n
L.
~i iv/9J //,.222 i
. .
onal E. Carp er
President
Sworn and subscribed to before me, this the /l
day of A.D. •
NotLlj Public in a dTfor the
County ofp/ State of Texas
SUBURBAN PUBLICATIONS, INC.
P.O. BOX 770
FRIENDSWOOD, TEXAS 77546
482-7501
AFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me, the undersigned authority, a Notary Public in and for the
County of , and the State of Texas, on . this day personally
appeared: Donald E. Carpenter, who after being duly sworn, says that he is
the President of Suburban Publications, a weekly newspaper published in
said County and State, and that the publication, of which the annexed is
a true copy, was published to-wit:
.
Donald E. C er
President
Sworn and subscribed to before me, this the
day of � ` �!, ,., L A.D. `77�
Nota Public in a for the
NOTICE TO THE PUBLIC County of, • State of Texas
Postponement of Public Hearing to
be held by the Planning and Zoning
Commission on September 16,1975.
Notice is hereby given that the
Public Hearing on amendments to
the text of the Land Use and Urban
Development Ordinance originally
scheduled for September 16,1975 at
7:30 p.m.has been postponed until a
later date. Official notice will be
published.
By Order of the City Council of
the City of Pearland,Texas,this,th
day of September, A.D. 1975.
Dorothy L. Cook
City Secretary
SUBURBAN PUBLICATIONS, INC.
P.O. BOX 770
FRIENDSWOOD, TEXAS 77546
482-7501
AFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me, the undersigned authority, a Notary Public in and for the
County off /� , and the State of Texas, on . this day personally
appeareds Donald E. Carpenter, who after being duly sworn, says that he is
the President of Suburban Publications, a weekly newspaper published in
said -County and State, and that the publication, of which the annexed is
a true copy, was published to-wits
/t I D ,c
J �� $ 6/9 ?r
onald . Carpen
President
/ ./
Sworn and subscribed to before me, this the
day of A.D.
// •<% .�a �'
Notaty Public in end for the
County ofi , State of Texas
PURCHASE ORDER 4.114S
CITY OF PEARLAND `,. 1875
P.O. BOX 157 - PEARLAND, TEXAS
TO 3Mit°h Industries, Inc.
P. 0. Fox 7399
Houston, 771T1 DATE Sept. 23, 1975
PROJECT ;eater Well 4 5
SHIP TO Rid NO. 75-8, Galvanized Bolted Steal
CITY OF PEARLAND TEXAS MATERIAL RECEIVED Tank,
350t-ORANGE ST7 DATE
P. O. BOX 157 - Pearlan:', "' 1.7"‘.,,
•
ITEM QUANTITY DESCRIPTION ACCT. NO. UNIT PRICE TOTAL
10,000 bbl. Galvanized Bolted Steel Tank
as per 'aid No. 75-8 copy of which is
attached ",233.
REQUESTED 1 HEREBY CERTIFY A SUFFICIENT FUND BALANCE TO COVER THIS PURCHASE.
BY
DATE
.01111k
WILLIAM E. WOLFF CITY MAN AG EF
-.-
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, 1-1WWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
_Th •
/
Dorothy L. Cook/ City Secretary
d
Aft
September 23, 1975
Trico Superior, Inc.
P. O. Box 22200
Los Angeles, Calif. 90022
Re: Bid No. 75-8
10,000 Barrel Ground Storage Tank
Gentlemen:
The City Council, in a regular meeting held on September 22,
1975, awarded Bid No. 75-8 to Smith Industries, Inc. of Houston,
Texas, as the lowest and best hid.
The following submitted bids for consideration:
Smith Industries, Inc. $ 39,233.00
Maloney-Crawford 44,508.00
1,172.00
Trico Superior, Inc. 43,511.00
We wish to thank your company for submitting a bid for consideration
by the Council.
Yours very truly,
Dorothy L. Cook
City Secretary
dlc
alk9a9MALONEY - CRAWFORD TANK CORPORATION
5322 Gulfton Drive • P.O. Box 7827 • Houston, Texas 77007 • Phone (713) 667-9353
September 17, 1975
City of Pearland
SEP 19 1975
City Hall CITY OF
2335 North Texas Avenue PEpR(AND
Pearland, Texas 77058
Attention Dorothy L. Cook, City Secretary
Please refer to our Quotation BTQ-657-75 dated
September 15, 1975 for a 10, 000 barrel ground
storage water tank.
Through error the Outside Ladder with cage, OSHA
standard, was omitted from the list of accessories,
however, this item is included and will be furnish-
ed at the price as quoted.
Yours very truly,
MALONEY-CRAW?ORD TANK CORP.
7).7:aj,
W. A. Obenhaus
WAO:o
MANUFACTURERS OF PRODUCTS BEARING THESE SYMBOLS
(2) pAR1�AC, 41/0:arc. Parkersburg
St 'tEPY DEPARTMENT BOND NO.
J� ry
3
erV
HARTFORD ACCIDENT AND INDEMNITY COMPANY
Hartford Plaza
Hartford, Connecticut 06115
(A Stock Company)
BID BOND
Know All Men By These Presents,
That we, MALONEY—CRAWFORD TANK CORP.
as Principal,
hereinafter called the Principal, and the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation
created and existing under the laws of the State of Connecticut, whose principal office is in Hartford, Connecticut, as
Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF PEARLAND, TEXAS
in the sum of — — FIVE PER CENT OF AMOUNT BID as Obligee, hereinafter called the Obligee,
5% of
Dollars ($ Amt Bid ),
for the payment of which sum,well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Whereas, the Principal has submitted a bid for
furnishing and installing a 10,000 bbl galvanized, bolted,
steel ground storage water tank
Now,Therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
Signed and sealed this 1.5th day of Sept A. D. 19 75
Witness (SEAL)
TANK CORP. (SEAL)
(If Individual) (Principal)
By (SEAL)
(Title)
Attest (SEAL)
(If Corporation]
(SEAL)
HARTFORD ACCIDENT AND IN EMNITY COMPANY
•
Witne
By h
(Title)
Attorney—in—Fac
(Approved by The American Institute of.architects.
A.I.A.Do-:c:r:ea;No.A-310,Feb..1970 Edition)
Form S-3266-3 Printed in C'.S.A. 12=70
Hartford Accident and Indemnity Company 0
HARTFORD, CONNECTICUT p Y 00055
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY
COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office
in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
RICHARD P. ROBERTS, J. HYDE CLAIN, JR. , DORIS G. FRANK, and MICHAEL K. WHITTE,
of TULSA, OKLAHOI'IA
its true and lawful Attorney(s)-in-fact, with full power and authority to each of said Attorney(s)-in-fact, in their separate
capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and
other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of
persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies;
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed.
in penalties not exceeding the sum of FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) each,
and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fully and to the same extent
as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer
of the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such officers,
and hereby ratifies and confirms all that its said Attorney(s)-in-fact may do in pursuance hereof.
This power of attorney is granted under and by authority of the following By-Law adopted by the Stockholders
of the HARTFORD.ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 10th day
of February, 1943.
ARTICLE IV
SECTION 8, The President or any Vice-President, acting with any Secretary or Assistant Secretary, shall have power and authority to
appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more
Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-fact and at any time to remove any such Resident Vice-President,
Resident Assistant Secretary, or Attorney-in-fact,and revoke the power and authority given to him.
SECTION 11. Attorneys-in-fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to,___ _
them, to execute and deliver on behalf of the Company and to attach the sealortthe Company thereto any and all bonds and undertakings,
and other writings obligatory-in the nature thereof,and any such instrument executed by any such Attorney-in-fact shall be as binding upon the
Company as if signed by an Executive Officer and sealed and attested by one other of such Officers.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called
and held on the 13th day of March, 1956.
RESOLVED,that,whereas the President or any Vice-President,acting with any Secretary or Assistant Secretary,has the power and authority
to appoint by a power of attorney,for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature
thereof,one or more Resident Vice-Presidents,Assistant Secretaries and Attorneys-in-fact;
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate
relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon
the Company in the future with respect to any bond or undertaking to which it is attached.
In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents
to be signed by its Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 17th day
of January, 1968.
Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY
a
/4?7;5r44
•
I'ice President
Secretary
STATE OF CONNECTICUT,
ss.
COUNTY OF HARTFORD,
On this 17th day of January, A. D. 1968, before me personally came John F. Beardsley, to me known, who being by
me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice-
President of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, the corporation described in and which
executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his
name thereto by like order. ''`, Se+
00T Op Ci "Ttretf-P-10.4e,"4-‘
STATE OF CONNECTICUT, } . puwc.
ss- `. Notary Public
COUNTY OF HARTFORD, CERTIFICATE My commission expires March 31, 1977
I, the undersigned, Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a
Connecticut Corporation, DO HEREBY CERTIFY.that the foregoing and attached POWER OF ATTORNEY remains
in full force and has not been revoked; and furthermore, that Article IV, Sections 8 and 11, of the By-Laws of the Com-
pany, and the Resolution of the Board of Directors, set forth in the Power of Attorney, is now in force.
Signed and sealed at the City of Hartford. Dated the 15th day of September 19 75
.
Form S-3507-7 Printed in U.S.A. 6-'72 Assistant Secretary
411
MALONEY - CRAWFORD TANK CORPORATION
5322 Gulfton Drive • P.O. Box 7827• Houston, Texas 77007 •• Phone (713) 867-9353 •• Home Office: 38 No. Peoria, Tulsa, Okla. 74101
JL_ J O QUOTATION NO. BTQ 657-75
num
DATE September 15, 1975
TERMS 1/2% 15 Days Net 30
CITY OF PEARLAND, TEXAS (CITY HALL) YOUR REFERENCE: Written Inquiry
2335 North Texas Avenue dated 9-2-75
Pearland, Texas FOB
CAN SHIP
AFTER RECEIPT OF ORDER
ATTENTION: Dorothy L. Cook, City Secretary SUBJECT TO PRIOR SALE
Bid No. 75•.8
GENTLEMEN:Thank you for your inquiry. We appreciate-the-opportunity to furnish our quotation for the following work to be performed in
accordance with the following terms and conditions.
This offer shall not become a binding agreement until accepted by an authorized officer of Maloney-Crawford Tank Corporation at Tulsa.Oklahoma The under-
signed purchaser offers to buy.accept and pay for the following in accordance with the terms set forth below and on the reverse side of this sheet
1 — 10,000 Barrel Galvanized flat bottom bolted steel tank, 10-7-10-10-12 gauge
54' 11-3/4" diameter x 24'2" high, complete with the following:
1 - Set Standard galvanized hardware including bolts and gasketing with rings
and washer for all vertical sears, and bottom.
1 - 24" x 46" Flush type cleanout with 2 piece cover.
1 - 20" Dome with cover.
1 - Inside center pole deck support with rafters.
1 - 8" Sentinel AB Breather vent with screen.
1 - 24" Square manhole win locking - type device.
1 - Manufacturer's standard galvanized inside auxiliary ladder.
1 - Set (24-rolls) 55# Tar Paper.
3 - 8" 150#. R flanged outlet connections each with a internal projection of 2"
and external projection of 8".
1 - 8" •Screened overflow connection with flap valve.
Estimated Shipping Weight: 84,900 Lbs.
Net Selling Price F.O.B. Tulsa, Oklahoma for one (1)
(Field Erection Labor included) $ 44,508.00
Estimated Truck Freight to Pearland, Texas for one (1) $ 1,172.00
Customer to be invoiced actual freight.
Shipment: 6 to 7 weeks after receipt of firm order.
pARMAC,xsTc. • Parkersburg
Form HS-01-A
STANDARD TERMS AND CONDITIONS OF SALE
These clauses are a part of the quotation on the reverse side of this sheet:
I. This quotation and these terms and conditions are made in good faith but it is understood they are not binding upon and may be withdrawn by either party until formally
accepted in the space provided by an authorized officer of Seller at its home office in Tulsa, Oklahoma. Any acceptance is subject to the Purchaser establishing and main-
taining credit satisfactory to Seller. If Purchaser fails to fulfill the terms of payment. Seller may defer further shipments, or may at its option cancel the unshipped balance.
All costs and expenses, including attorneys fees, incurred by the Seller in enforcing the terms and conditions of this agreement or obtaining payment thereof shall be charge-
able to and paid by the Purchaser together with interest at the rates provided herein on any unpaid balance from the date of default until full payment has been made. Seller
reserves the right previous to making any shipments to require from Purchaser satisfactory security for performance of Purchaser's obligations. No failure of Seller to exer-
cise any right accruing from any default of Purchaser shall impair Seller's right in case of any subsequent default of Purchaser.
2. All quotations and sales are F.O.B. point of shipment unless otherwise expressly stipulated and are based on freight rates in effect at time of shipment. It is expressly under-
stood in case of advance or decline in freight rates between date quotation is made and date on which shipment is made, that Purchaser will be charged or credited accord-
ingly. Cash discount applies only on value of material; freight and labor charges are not subject to cash discount. All quotations and sales prices shall be adjusted to give
effect to escalation charges at time of delivery.
3. Shipments of materials covered by this quotation shall be made as close to the estimated shipping date as possible. While every effort is made to maintain schedules Seller is
not liable for damages, (direct, indirect, incidental or consequential), or otherwise on account of delays. All statements as to shipments are subject to prompt receipt by
Seller of full information and the prompt approval by Purchaser of all drawings when so required.
4. Seller's responsibility ceases upon delivery of shipments to carriers and purchasers are warned against receipting for them until careful inspection has been made. Where
Seller agrees for Purchaser to inspect goods, the inspection and acceptance must be made before shipment unless otherwise stipulated in writing.
Seller agrees to assist Purchaser with claims against carriers for loss or damage in transit. If damage or shortage is detected, a descriptive notation must be placed on the
delivery receipt which is to be signed by both the carrier and receiver. The failure to note loss or damage on carrier's receipt at time of delivery constitutes an expression on
the part of the Purchaser that the goods were received in satisfactory condition. A clear receipt normally destroys any legal action against the carrier or shipper.
If the receiver is unable to thoroughly examine a shipment at time of delivery, a conditional receipt should be given the carrier reading as follows:
"This shipment is accepted subject to later inspection and count." When such a receipt is given to the carrier the shipment must be examined within ten (10) days
and thereafter any loss or damage reported at that time to carrier and shipper. When a concealed damage is discovered, it is to be reported immediately to the delivery carrier
and shipper.
Since responsibility for the materials sold hereunder passes to Purchaser upon delivery to the carrier, all claims for loss or damage in transit should be filed by Purchaser
directly with the carrier. A Copy of the claim, accompanied by a freight bill (or delivery receipt) bearing the freight agent's endorsement and notification of the loss or
damage, must be delivered to Seller within ten (10) days after delivery of materials to Purchaser. Any claim other than claims for loss or damage in transit shall be re-
ported in writing to Seller at its home office within ten (10) days after receipt of the shipment. Purchaser expressly waives all claims not so reported.
5. The Seller only warrants new products manufactured and sold by it against its own defective workmanship and material under normal and proper use in service for ninety
(90) days from date of delivery (except for any special warranty period which might be applicable either as set forth in its catalog or as made a part of this Quotation)
and only when subjected to operating conditions outlined by Purchaser when order is placed and only when owned by the original Purchaser. EXCEPT THAT:
(a) SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS (PROCESS-WISE, MECHANICALLY OR OTHERWISE) AND NO WARRANTIES
WHICH EXTEND BEYOND THOSE SPECIFICALLY SET FORTH HEREIN, AND NONE SHALL BE IMPLIED BY LAW.
(b) Seller's liability for damages caused by Seller's defective workmanship or material shall be limited to repairing or replacing the defective part or parts and no al-
lowance shall be granted for repairs or alterations made without Seller's prior written consent. The decision to repair or replace shall be at Seller's election and shall
be done in conformance with the Sales and Service Terms and Conditions specifically set forth herein and in its catalogs.
(c) Seller's warranty does not apply to sales of used equipment, to work over or repair work, parts requiring replacement because of natural wear and tear, nor to
products, accessories, parts or attachments which were not manufactured by Seller except for the warranty given by the actual manufacturer and then only to the extent
that such warranty is enforceable by Seller.
(d) In any instance in which by Seller's quotation it has specifically given a mechanical and/or process warranty, absent any specially agreed period of time in our
quotation such warranty shall only extend for thirty (30) days after installation or sixty (60) days after delivery of goods to the Purchaser, or completion of the
first acceptance test, whichever period of time is shorter. It shall be the Purchaser's responsibility to furnish Seller maximum quoted design conditions for acceptance
testing of the process within the applicable warranty time period. Should the Purchaser fail to do so for any reason whatsoever, then it is deemed that Purchaser ac-
cepts the goods as satisfying the warranty requirements.
6. THE SELLER'S LIABILITY FOR DAMAGES, REGARDLESS OF WHAT THE CAUSE THEREOF MAY BE, SHALL BE LIMITED TO THE REPAIR OR REPLACE-
MENT OF THE DEFECTIVE PART OR PARTS OR EQUIPMENT. In no event shall the Seller be liable for delays, curtailment of plant operations, process failure, loss
of profits, costs for removing any parts or equipment to be repaired or replaced, transportation and installation charges in connection with the repair, replacement or servic-
ing of any parts or equipment. Seller shall in no event be responsible for loss or damage to property left with Seller for repair, work-over or assembling, whether such loss
or damage be caused by fire, wind, water, theft, accident or any other cause beyond Seller's control. NOR SHALL THE SELLER BE LIABLE FOR ANY OTHER IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE DUE TO ANY CAUSE WHATSOEVER. Any drawings and general information fur-
nished as an aid in the installation or erection of materials sold are furnished gratis and form no part of this agreement. Such drawings must not be used until checked and
approved. Any drawings prepared and furnished for use in manufacturing goods in the plant shall become part of this agreement.
7. No federal, state, foreign or local sales, excise, use or other taxes are included in this agreement unless specifically mentioned herein. Purchaser agrees to assume and pay any
taxes that may be imposed with respect to this contract and any price increase in this quotation resulting therefrom.
8. Only materials and/or labor specifically noted are included in this quotation.
9. Seller shall not be liable for loss, damage, delay or failure of delivery resulting from Acts of God, strikes, riot or civil commotion, inability to obtain materials, casualties, su-
spension of plant operations, action of governmental bodies, delays in transportation, or any other causes beyond its control. NOR SHALL SELLER BE LIABLE FOR IN-
DIRECT. INCIDENTAL OR CONSEQUENTIAL DAMAGE FOR ANY CAUSE WHATSOEVER.
10. Orders for specially constructed equipment cannot be canceled or changed under any circumstances without Seller's consent. In the event of cancellation by the Purchaser of
an order for specially constructed equipment with Seller's consent, the Purchaser agrees to reimburse the Seller for its costs incurred plus 10'4 of said costs. By definition,
costs in such instance shall include but not be limited to the Seller's actual costs incurred for labor. materials, manufacturing- engineering, office administration, legal, re-
stocking and such work hours as may be added to the cost of shop operations or lost in giving effect to the rescheduling required to replace the canceled order. A minimum
of 15q cancellation and re-stocking charge shall be made on all orders of goods which are canceled as an agreed upon reasonable minimum charge for liquidated damages.
it being recognized and agreed that it is extremely difficult to determine the actual damages.
II. All orders will be accepted only under the provisions herein set forth. It is agreed that upon acceptance by the Seller only this document, the terms and conditions for sales
and services as set forth in our catalogues, and such other instruments as may be incorporated herein by specific reference shall constitute the entire agreement between the
parties. Subject to the proviso herein contained in paragraph five (5), should there he any conflict on any matters between the terms and conditions as set forth herein and
those contained in our catalogues or any instrument incorporated herein by reference, this document shall prevail. It is further agreed that no changes may be made unless
specifically authorized in writing by an authorized officer of Seller at its home oft ice. When this quotation is based upon information and specifications furnished us by
Purchaser, any deviation therefrom will be subject to extra charges.
12. Due to our lack of control of the quality of available coating materials and due to the lack of control of the characteristics of the use and the elements involved. Seller
guarantees only to apply coatings in accordance with practices and standards recommended by the manufacturers of the coating material. We invite shop inspection during
the application or after it is completed.
leted. but prior to shipment from our Plants. Our guarantee covers the proper application only when corrected prior to shipment from our
Plants and does not cover loss of contents or loss due to corrosion or for indirect or consequential damages of any kind.
13. Seller shall have no responsibility for patent infringement for the manufacture. use or sale of the products herein which are considered as the design or specification of
Purchaser or any other third party, nor shall Seller have responsibility for the structural design or the operating performance of products manufactured according to designs
and specifications of the Purchaser, or any other third party, including shop drawings made by Seller and approved by the Purchaser which shop drawings shall he con-
sidered as part of the Purchaser's design and specification. Responsibility for the products as hereinabove referred to in this paragraph shall he borne by the Purchaser who
agrees to hold the Seller harmless from any liability in connection therewith. Seller shall have no responsibility for patent infringement of equipment sold by it which is
manufactured by others. Seller shall have no responsibility for information- dray ings, or other matters submitted by Purchaser to Seller as trade secrets or confidential
proprietary information unless expressly set forth in a written and separate agreement between Purchaser and Seller.
14. All payments unless otherwise specified, shall be in U.S. Dollars and all money exchange rate charges, duties, taxes and like charges nut specifically included on the face
of the quotation shall be paid by Purchaser.
15. It is agreed that the law of the State of Oklahoma, not including choice of law rules, shall govern all the rights and duties of the Purchaser and Seller and any other ques-
tion relating to this agreement.
16. If the user of the equipment and materials covered by this quotation is not the Purchaser, said Purchaser shall furnish the user with a copy of Seller's terms and conditions
of sale along with any special installation and operational instructions which it may receive from the Seller. Purchaser agrees to indemnify and hold Seller harmless for
any and all loss, damage and/or expense which may at any time be sustained by the Seller by reason of any claims by the user against which the Seller would have a
partial or total legal defense had notice of Seller's terms and conditions of sale or special installation or operational instructions been made available by the Purchaser to
the user.
17. Without in any way limiting any other indemnity provisions contained in the standard terms and conditions of sales- Purchaser agrees to indemnify and hold Seller harm-
less from and against all liability, loss, cost, damage and/or expense caused by. arising from or incidental to any pollution by oil or gas discharge or spillage. Such in-
demnity and hold harmless agreement shall include but not be limited to any liability to or action by the United States Government, the separate States or third parties under
all applicable Federal and State laws and governmental orders, rules and regulations relating to pollution, including specifically (but without limitation) the United States
Water Quality Improvement Act of 1970.
1R. Seller certifies that all materials and workmanship provided under this order will be manufactured in compliance with all applicable laws- rules, regulations, orders. codes
and ordinances of the governing bodies having jurisdiction, whether federal, state or local, including but not limited to the Fair Labor Standards Act and the Equal Em-
ployment Opportunity clause in Section 202 of Executive Order 11246 and all amendments thereto.
IVrALONEY- CRAWFORD TANK CORPORATION
5322 Gulfton Drive • P. 0. Box 7827 • Houston.Texas 77007 • Phone(713) 667-9353 • Home Office: 38 No. Peoria.Tulsa. Okla. 74101
Jy._ _JALiU 0 QUOTATION NO. BTQ 67-75
— — DATE . September 15, 1975
TERMS
CITY OF PEARLAND, TEXAS (CITY HALL) YOUR REFERENCE:
Page 2
GENERAL NOTES
1. Drawing and fabrication time is based on present engineering and '
shop workload and material availability. This time could change,
and therefore, we would appreciate the opportunity to review this
portion of our proposal prior to placement of an order.
2. Due to often rapidly altering market conditions, the prices which
are quoted above are subject to change without notice. We hope
that our customers will appreciate the need for our inclusion of
this provision and that, in the event of an order placement based
upon the pricing of this quotation, we must reserve the right to
review selling prices before acceptance of such order.
3. Seller makes no representation the products covered by this
quotation may or may not meet the requirements for the Purchaser's
compliance under the Williams-Steiger Occupational Safety and
Health Act of 1970.
4. Design Information: Design based on API-12-B, and the following:
1. Specific Gravity of 1.00 MAXIMUM
2. Static Head
3. Open to Atmosphere
4. Overflow in shell of tank to prevent overfilling
5. Tank built on uniform grade
5. Prices based on tank being erected on customers accessible level
prepared grade.
pARMJ`Q,xa•a. • Parkersburg
Form HS-01-B
STANDARD TERMS AND CONDITIONS OF SALE
These clauses are a part of the quotation on the reverse side of this sheet:
•
1. This quotation and these terms and conditions are made in good faith but it is understood they are not binding upon and may be withdrawn by either party until formally
accepted in the space provided by an authorized officer of Seller at its home office in Tulsa, Oklahoma. Any acceptance is subject to the Purchaser establishing and main-
taining credit satisfactory to Seller. If' Purchaser fails to fulfill the terms of payment. Seller may defer further shipments, or may at its option cancel the unshipped balance.
All costs and expenses, including attorneys fees. incurred by the Seller in enforcing the terms and conditions of this agreement or ohta�ning payment thereof shallbe charge-
able to and paid by the Purchaser together with interest at the rates provided herein on any unpaid balance from the date of default until full payment has been made. Seller
reserves the right previous to making any shipments to require from Purchaser satisfactory security for performance of Purchaser's obligations. No failure of Seller to exer-
cise any right accruing from any default of Purchaser shall impair Seller's right in case of any subsequent default of Purchaser.
2. All quotations and sales are F.O.B. point of shipment unless otherwise expressly stipulated and are based on freight rates in effect at time of shipment. It is expressly under-
stood in case of advance or decline in freight rates between date quotation is made and date on which shipment is made, that Purchaser will he charged or credited accord-
ingly. Cash discount applies only on value of material;. freight and labor charges are not subject to cash discount. All quotations and sales prices shall he adjusted to give
effect to escalation charges at time of delivery.
3. Shipments of materials covered by this quotation shall be made as close to the estimated shipping date as possible. While every effort is made to maintain schedules Seller is
not liable for damages, (direct, indirect, incidental or consequential), or otherwise on account of delays. All statements as to shipments are subject to prompt receipt by
Seller of full information and the prompt approval by Purchaser of all drawings when so required.
4. Seller's responsibility ceases upon delivery of shipments to carriers and purchasers are warned against receipting for them until careful inspection has been made. Where
Seller agrees fur Purchaser to inspect goods. the inspection and acceptance must be made before shipment unless otherwise stipulated in writing.
Seller agrees to assist Purchaser with claims against carriers for loss or damage in transit. If damage or shortage is detected, a descriptive notation must be placed on the
delivery receipt which is to be signed by both the carrier and receiver. The failure to note loss or damage on carrier's receipt at time of delivery constitutes an expression on
the part of the Purchaser that the goods were received in satisfactory condition. A clear receipt normally destroys any legal action against the carrier or shipper.
If the receiver is unable to thoroughly examine a shipment at time of delivery, a conditional receipt should be given the carrier reading as follows:
"This shipment is accepted subject to later inspection and count." When such a receipt is given to the carrier the shipment must be examined within ten (10) days
and thereafter any loss or damage reported at that time to carrier and shipper. 'When a concealed damage is discovered, it is to be reported immediately to the delivery carrier
and shipper.
Since responsibility for the materials sold hereunder passes to Purchaser upon delivery to the carrier, all claims for loss or damage in transit should be filed by Purchaser
directly with the carrier. A Copy of the claim, accompanied by a freight bill (or delivery receipt) bearing the freight agent's endorsement and notification of the loss or
damage, must be delivered to Seller within ten (10) days after delivery of materials to Purchaser. Any claim other than claims for loss or damage in transit shall be re-
ported in writing to Seller at its home office within ten (10) days after receipt of the shipment. Purchaser expressly waives all claims not so reported.
S. The Seller only warrants new products manufactured and sold by it against its own defective workmanship and material under normal and proper use in service for ninety
(90) days from date of delivery (except for any special warranty period which might be applicable either as set forth in its catalog or as made a part of this Quotation)
and only when subjected to operating conditions outlined by Purchaser when order is placed and only when owned by the original Purchaser. EXCEPT THAT:
(a) SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS (PROCESS-WISE. MECHANICALLY OR OTHERWISE) AND NO WARRANTIES
WHICH EXTEND BEYOND THOSE SPECIFICALLY SET FORTH HEREIN, AND NONE SHALL BE IMPLIED BY LAW.
(b) Seller's liability for damages caused by Seller's defective workmanship or material shall be limited to repairing or replacing the defective part or parts and no al-
lowance shall be granted for repairs or alterations made without Seller's prior written consent. The decision to repair or replace shall be at Seller's election and shall
be done in conformance with the Sales and Service Terms and Conditions specifically set forth herein and in its catalogs.
(c) SePer's warranty does nut apply to sales of used equipment. to work over or repair work, parts requiring replacement because of natural wear and tear, nor to
products. accessories, parts or attachments which were not manufactured by Seller except for the warranty given by the actual manufacturer and then only to the extent
that such warranty is enforceable by Seller.
(d) In any instance in which by Seller's quotation it has specifically given a mechanical and/or process warranty, absent any specially agreed period of time in oui
quotation such warranty shall only extend for thirty (30) days after installation or sixty (60) days after delivery of goods to the Purchaser, or completion of the
first acceptance test. whichever period of time is shorter. It shall be the Purchaser's responsibility to furnish Seller maximum quoted design conditions for acceptance
testing of the process within the applicable warranty time period. Should the Purchaser fail to do so for any reason whatsoever, then it is deemed that Purchaser ac-
cepts the goods as satisfying the warranty requirements.
(,. THE SELLER'S LIABILITY FOR DAMAGES. REGARDLESS OF WHAT THE CAUSE THEREOF MAY BE, SHALL BE LIMITED TO THE REPAIR OR REPLACE-
MENT OF THE DEFECTIVE PART OR PARTS OR EQUIPMENT. In no event shall the Seller be liable for delays, curtailment of plant operations, process failure, loss
of profits, costs for removing any parts or equipment to be repaired or replaced, transportation and installation charges in connection with the repair, replacement or servic-
ing of any parts or equipment. Seller shall in no event be responsible for loss or damage to property left with Seller for repair, work-over or assembling. whether such loss
or damage he caused by fire, wind, water, theft, accident or any other cause beyond Seller's control. NOR SHALL THE SELLER BE LIABLE FOR ANY OTHER IN-
DIRECT. INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE DUE TO ANY CAUSE WHATSOEVER. Any drawings and general information fur-
nished as an aid in the installation or erection of materials sold are furnished gratis and form no part of this agreement- Such drawings must not be used until checked .end approved. Any drawings prepared and furnished for use in manufacturing goods in the plant shall become part of this agreement.
7. No federal, state, foreign or local sales, excise, use or other taxes are included in this agreement unless specifically mentioned herein. Purchaser agrees to assume and par any
taxes that may be imposed with respect to this contract and any price increase in this quotation resulting therefrom.
8. Only materials and/or labor specifically noted are included in this quotation.
9. Seller shall not be liable for loss, damage, delay or failure of delivery resulting from Acts of God, strikes, riot or cis commotion, inability to obtain materials, casualties, su-
spension of plant operations. action of governmental bodies, delays in transportation, or any other causes beyond its control. NOR SHALL SELLER BE LIABLE FOR IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL- DAMAGE FOR ANY CAUSE WHATSOEVER.
10. Orders for specially constructed equipment cannot be canceled or changed under any circumstances without Seller's consent. In the event of cancellation by the Purchaser of
an order for specially constructed equipment with Seller's consent, the Purchaser agrees to reimburse the Seller for its costs incurred plus 10'; of said costs. By definition.
costs in such instance shall include but not be limited to the Seller's actual costs incurred for labor, materials- manufacturing. engineering, office administration- legal- re-
stocking and such work hours as may be added to the cost of shop operations or lost in giving effect to the rescheduling required to replace the canceled order. A minimum
of Is': cancellation and re-stocking charge shall be made on all orders of goods which are canceled as an agreed upon reasonable minimum charge for liquidated damages.
it being recognized and agreed that it is extremely difficult to determine the actual damages.
II. All orders will he accepted only under the provisions herein set forth. It is agreed that upon acceptance by the Seller only this document, the terms and conditions for sales
and services as set forth in our catalogues, and such other instruments as may be incorporated herein by specific reference shall constitute the entire agreement between the
parties. Subject to the prnsiso herein contained in paragraph five (s), should there he any conflict on any matters between the terms and conditions as set forth herein and
those contained in our catalogues or any instrument incorporated herein by reference, this document shall prevail. It is further agreed that no changes may be made unless
specifically authorized in writing by an authorized officer of Seller at its home office. When this quotation is based upon information and specifications furnished us by
Purchaser, any deviation therefrom will be subject to extra charges.
12. Due to our lack of control of the quality of available coating materials and due to the lack of control of the characteristics of the use and the elements involved. Seller
guarantees only to apply coatings in accordance with practices and standards recnmmended by the manufacturers of the coating material. We invite shop inspection during
the application or after it is completed, but prior to shipment from our Plants. Our guarantee covers the proper application only when corrected prior to shipment from rim
Plants and does not cover loss of contents or loss due to corrosion or for indirect or consequential damages of any kind.
13. Seller shall hav no responsibpait y,f for
patent atent infringement
responsibility
the manufacture. use or sale of the products herein which are considered as the design or spotitication of
Purchaser or anyother third for the structural design or the operatingproducts
and specifications of the Purchaser, or any other third party including shop drawings made by Seller and approved Irby a the Purchaser shich manufacturedshop drawings shallo bee con-
sidered as part of the Purchaser's design and specification. Responsibility for the products as hereinabirve referred to in this paragraph shall he borne by the Purchaser who
agrees to hold the Seller harmless from any liability in connection therewith. Seller shall have no responsibility for patent infringement of equipment sold by it which it
manufactured by others. Seller shall have no responsibility for information, draw ings, or other matters submitted by Purchaser to Seller as trade secrets or confidential
proprietary information unless expressly set forth in a written and separate agreement between Purchaser and Seller.
14. All payments unless otherwise specified, shall be in U.S. Dollars and all money exchange rate charges, duties, taxes and like charges nut specifically included on the face
of the quotation shall he paid by Purchaser.
Is. It is agreed that the law of the State of Oklahoma, not including choice of law rules, shall govern all the rights and duties of the Purchaser and Seller and any other ques-
tion relating to this agreement.
16. If the user of the equipment and materials covered by this quotation is not the Purchaser, said Purchaser shall furnish the user with a copy of Seller's terms and conditions
f sale along with any special installation and operational instructions which it may receive from the Seller. Purchaser agrees to indemnify and hold Seller harmless for
any and all loss, damage and/or expense which may at any time be sustained by the Seller by reason of any claims by the user against which the Seller would have a
partial or total legal defense had notice of Seller's terms and conditions of sale or special installation or operational instructions been made available by the Purchaser to
the user.
17. Without in any way limiting any other indemnity provisions contained in the standard terms and conditions of sales. Purchaser agrees to indemnify and hold Seller harm-
less from and against all liability, loss, cost, damage and/or expense caused by, arising from or incidental to any pollution by oil or gas discharge or spillage. Such in-
demnity and hold harmless agreement shall include but not be limited to any liability to or action by the United States Government. the separate States or third parties under
all applicable Federal and State laws and governmental orders, rules and regulations relating to pollution, including specifically (but without limitation) the United States
Water Quality Improvement Act of 1970.
18. Seller certifies that all materials and workmanship provided under this order will be manufactured in compliance with all applicable laws, rules. regulations, orders, codes
and ordinances of the governing bodies having jurisdiction, whether federal, state or local, including but not limited to the Fair Labor Standards Act and the Equal Em-
ployment Opportunity- clause in Section 202 of Executive Order 11246 and all amendments thereto.
7 ' N/rALONEY - CRAWFORD TANK CORPORATION
5322 Gulfton Drive • P. 0. Box 7827 • Houston.Texas 77007 • Phone 1713)667-9353 • Home Office: 38 No. Peoria,Tulsa, Okla. 74101
cw)
caZ
O L-' —J 0 �-- ',� n QUOTATION NO. BTQ 657-75
lul\\vl I DATE September 15, 1975
J
TERMS
CITY OF PEARLAND, TEXAS (CITY HALL) YOUR REFERENCE:
Page 3
PRICES ARE FIRM BASED ON RECEIVING CUSTOMER PURCHASE ORDER ON OR BEFORE
OCT. 15, 1975, AND FOLLOWING CONDITIONS:
1. Knocked Down Tank Price will be invoiced at time customer is notified
tank is ready to ship. Terms of Payment to be 1/2% 15 days, net 30 days.
2. If erection is included in price, and customer accepts erection with-in
sixty days after notification tank is ready to ship, then no escalation
will apply to erection price, and erection price will be invoiced after
erection is completed. Payment terms to be 1/2% 15 days, .net 30 days.
3. If tank not erected with-in sixty days after notification, then the
following escalation method will apply:
Hi, FIELD ERECTION LABOR (Where Applicable)
A. Charges for beginning field erection labor shall be 18%
of the total quoted price. Beginning field erection labor
price will be based on the labor rate charges in effect during
the period of preparation of this quotation. Any increase in
these labor rate charges subsequent to that time will be
borne by the Purchaser. The final field erection labor price
will be based on the labor rate charges in effect at the
times work is performed on the job.
B. The difference between the final field erection labor price
and the beginning field erection labor price will be the
base escalated cost for field erection labor.
C. The sum of escalated costs as determined above shall be
multiplied by a factor 1.00. The resulting sum shall be total
escalation charge to be invoiced. (including all increases in
general administrative expenses, engineering expenses, etc.)
BY ._ \ a er j'1VAcii
W.A. Obenhaus
WAO/SH/sh • Parkersburg
pA>Ei1�A(?+zsrac• Form HS-01-B
STANDARD TERMS AND CONDITIONS OF SALE -` ' "
These clauses are a part of the quotation on the reverse side of this sheet:
I. This quotation and these terms and conditions are made in good faith but it is understood they are not binding upon and may be withdrawn by either party until formally
accepted in the space provided by an authorized officer of Seller at its home office in Tulsa, Oklahoma. Any acceptance is subject m the Purchaser establishing and main-
tammg credit satisfactory to Seller. If Purchaser fails to fulfill the terms of payment. Seller may defer further shipments, or may at its option cancel the unshipped balance.
All costs and expenses. including attorneys fees.' incurred by the Seller in enforcing the terms and-conditions of this agreement or obtaining payment thereof shall be charge-
able to and paid by the Purchaser together with interest at the rates provided herein on any unpaid balance from the date of default until full payment has been made. Seller
reserves the right precious to making any shipments to require from Purchaser satisfactory security for performance of Purchaser's obligations. No failure of Seller to exer•
cise any right accruing from any default of Purchaser shall impair Seller's right in case of any subsequent default of Purchaser. . .
2 All quotations and sales are F.O.B. point of shipment unless otherwise expressly stipulated and are based on freight rates in effect at time of shipment. It is expressly under-
stood in case of advance or decline in freight rates between date quotation is made and date ' which shipment its made.All that Purchaserd les will prhicese chargeshall hoer nr credited accorsgived•
ingly. Cash discount applies only on value of material;,freight and labor charges are not subject to cash discount. quotations an sa
effect to escalation charges at time of delivery.
;. Shipments of materials covered by this quotation shall be made as close to the estimated shipping date as possible. While every effort is made to maintain schedules Seller is
not liable for damages, (direct, indirect, incidental or consequential), or otherwise oin account of delays. All statements as to shipments are subject to prompt receipt by
Seller of full information and the prompt approval by Purchaser of all drawings when so required.
l
l
4 Seller's
for Pur ceases chaser to upon inspect goods.stheninspection carriers
acceptance hmust be are
madened before shipment t unles otherwisting for e stipulatedrinuwritiinspection has been made. Where
Seller agrees to assist Purchaser with claims against carriers for loss or damage in transit. If damage or shortage is detected, a descriptive notation must be placed on the
delivery receipt which is to be signed by both the carrier and receiver. The failure to note loss or damage on carrier's receipt at time of delivery constitutes an expression on
the part of the Purchaser that the goods were received in satisfactory condition. A clear receipt normally destroys any legal action against the carrier or shipper.
If the receiver is unable to thoroughly examine a shipment at time of delivery, a conditional receipt should be given the carrier reading as follows:
"This shipment is accepted subject to later inspection and count." When such a receipt is given to the carrier the shipment must be examined within ten (10) days
and thereafter any loss or damage reported at that time to carrier and shipper. When a concealed damage is discovered, it is to be reported immediately to the delivery carrier
and shipper.
Since responsibility for the materials sold hereunder passes to Purchaser upon delivery to the carrier, all claims for loss or damage in transit should be filed by Purchaser
directly with the carrier. A Copy of the claim, accompanied by a freight bill (or delivery receipt) bearing the freight agenf's endorsement and notification of the loss or
damage. must he delivered to Seller within ten (10) days after delivery of materials to Purchaser. Any claim other than claims for loss or damage in transit shall be re•
ported in writing to Seller at its home office within ten (10) days after receipt of the shipment. Purchaser expressly waives all claims not so reported.
5. The Seller only warrants new products manufactured and sold by it against its own defective workmanship and material under normal and proper use in service for ninety
(90) days from date of delivery (except for any special warranty period which might be applicable either as set forth in its catalog or as made a part of this Quotation)
and only when subjected to operating conditions outlined by Purchaser when order is placed and only when owned by the original Purchaser. EXCEPT THAT:
(a) SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS (PROCESS-WISE. MECHANICALLY OR OTHERWISE) AND NO WARRANTIES
WHICH EXTEND BEYOND THOSE SPECIFICALLY SET FORTH HEREIN. AND NONE SHALL BE IMPLIED BY LAW.
(b) Seller's liability for damages caused by Seller's defective workmanship or material shall be limited to repairing or replacing the defective part or parts and no al-
lowance shall be granted for repairs or alterations made without Seller's prior written consent- The decision to repair or replace shall be at Seller's election and shall
be done in conformance with the Sales and Service Terms and Conditions specifically set forth herein and in its catalogs.
(c) Sel'er's warranty does not apply to sales of used equipment, to work over or repair work, parts requiring replacement because of natural wear and tear, nor to
products, accessories, parts or attachments which were not manufactured by Seller except for the warranty given by the actual manufacturer and then only to the extent
that such warranty is enforceable by Seller.
(d) In any instance in which by Seller's quotation it has specifically given a mechanical and/or process warranty, absent any specially agreed period of time in our
quotation such warranty shall only extend for thirty (30) days after installation or sixty (60) days after delivery of goods to the Purchaser, or completion of the
first acceptance test, whichever period of time is shorter. It shall be the Purchaser's responsibility to furnish Seller maximum quoted design conditions for acceptance
testing of the process within the applicable warranty time period. Should the Purchaser fail to do so for any reason whatsoever, then it is deemed that Purchaser ac-
cepts the goods as satisfying the warranty requirements.
6. THE SELLER'S LIABILITY FOR DA:fAGES, REGARDLESS OF WHAT THE CAUSE THEREOF MAY BE, SHALL BE LIMITED TO THE REPAIR OR REPLACE.
MENT OF THE DEFECTIVE PART OR PARTS OR EQUIPMENT. In no event shall the Seller be liable for delays, curtailment of plant operations, process failure- loss
of profits, costs for removing any parts or equipment to be repaired or replaced, transportation and installation charges in connection with the repair, replacement or servic-
ing of any parts or equipment. Seiler shall in no event be responsible for loss or damage to property left with Seller for repair. work-over or assembling. whether such loss
or damage he caused by fire, wind• water. theft, accident or any other cause beyond Seller's control. NOR SHALL THE SELLER BE LIABLE FOR ANY OTHER IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE DUE TO ANY CAUSE WHATSOEVER. Any drawings and general information fur-
nished as an aid in the installation or erection of materials sold are furnished gratis and form no part of this agreement. Such drawings must not be used until checked and
approved. Any drawings prepared and furnished for use in manufacturing goods in the plant shall become part of this agreement.
7. No federal, state, foreign or local sales. excise. use or other taxes are included in this agreement unless specifically mentioned herein. Purchaser agrees to assume and pay any
taxes that may be imposed with respect to this contract and any price increase in this quotation resulting therefrom.
8. Only materials and/or labor specifically noted are included in this quotation.
9. Seller shall not he liable for loss, damage, delay or failure of delivery resulting from Acts of God, strikes, riot or civil commotion, inability to obtain materials. casualties. su•
spension of plant operations, action of governmental bodies. delays in transportation, or any other causes beyond its control. NOR SHALL SELLER BE LIABLE FOR IN-
DIRECT. INCIDENTAL OR CONSEQUENTIAL DAMAGE FOR ANY CAUSE WHATSOEVER.
10. Orders for specially constructed equipment cannot be canceled or changed under any circumstances without Seller's consent. In the event of cancellation by the Purchaser of
an order for specially constructed equipment .with Seller's consent. the Purchaser agrees to reimburse the Seller for its costs incurred plus 10'; of said costs. By definition.
costs in such instance shall include but not be limited to the Seller's actual costs incurred for labor. materials, manufacturing. engineering, office administration, legal. re-
stocking and such work hours as may be added to the cost of shop operations or lost in giving effect to the rescheduling required to replace the canceled order. A minimum
of 15'; cancellation and re-stocking charge shall be made on all orders of goods which are canceled as an agreed upon reasonable minimum charge for liquidated damages.
it being recognized and agreed that it is extremely difficult to determine the actual damages.
11. All orders will be accepted only under the provisions herein set forth. It is agreed that upon acceptance by the Seller only this document, the terms and conditions for sales
and services as set forth in our catalogues. and such other instruments as may he incorporated herein by specific reference shall constitute the entire agreement between the
parties. Subject to the proviso herein contained in paragraph five (5), should there he any conflict on any matters between the terms and conditions as set forth herein and
those contained in our catalogues or any instrument incorporated herein by reference, this document shall prevail. It is further agreed that no changes may he made unless
specifically authorized in asriting by an authorized officer of Seller at its home office. \Vhen this quotation is based upon information and specifications furnished us by
Purchaser, any deviation therefrom will be subject to extra charges.
12. Due to our lack of control of the quality of available coating materials and due to the lack of control of the characteristics of the use and the elements involved. Seller
guarantees only to apply coatings in accordance with practices and standards recommended by the manufacturers of the coating material. We invite shop inspection during
the application or after it is completed. but prior to shipment from our Plants. Our guarantee covers the proper application iinlv when corrected prior to shipment from our
Plants and does not cover loss of contents or loss due to corrosion or for indirect or consequential damages of any kind.
13. Seller shall have no responsibility for patent infringement for the manufacture. use or sale of the products herein which arc considered as the design or specification of
Purchaser or any other third party. nor shall Seller have responsibility for the structural design or the operating performance of products manufactured according to designs
and specifications of the Purchaser, or any other third party, including shop drawings made by Seller and approved by the Purchaser which shop alrass ings shall be con.
sidered as part of the Purchaser's design and specification. Responsibility for the products as hereinabuve referred to in this paragraph shall he borne by the Purchaser who
agrees to hold the Seller harmless from any liability in connection therewith. Seller shall have no responsibility for patent infringement of equipment sold by it which it
manufactured by others. Seller shall have no responsibility for information. drawings, or other matters submitted by Purchaser to Seller as trade secrets or confidential
proprietary information unless expressly set forth in a written and separate agreement between Purchaser and Seller.
14. All payments unless otherwise specified, shall be in U.S. Dollars and all money exchange rate charges. duties, taxes and like charges not specifically included on the face
of the quotation shall he paid by Purchaser.
Is. It is agreed that the law of the State of Oklahoma, not including choice of law rules, shall govern all the rights and duties of the Purchaser and Seller and any other ques-
tion relating to this agreement.
16. If the user id the equipment and materials covered by this quotation is not the Purchaser, said Purchaser shall furnish the user with a copy of Seller's terms and cnnditions
of sale along with any special installation and operational instructions which it may receive from the Seller. Purchaser agrees to indemnify and hold Seller harmless for
any and all loss, damage and/or expense which may at any time be sustained by the Seller by reason of any claims by the user against which the Seller would have a
partial or total legal defense bad notice of Seller's terms and conditions of sale or special installation or operational instructions been made available by the Purchaser to
the user.
17. Without in any way limiting any other indemnity provisions contained in the standard terms and conditions of sales. Purchaser agrees to indemnify and hold Seller harm-
less from and against all liability, loss, cost, damage and/or expense caused by. arising from or incidental to any pollution by oil or gas discharge or spillage. Such in-
demnity and bold harmless agreement shall include but not be limited to any liability to nr action by the United States Government, the separate States or third parties under
all applicable Federal and State laws and governmental orders, rules and regulations relating to pollution, including specifically (but without limitation) the United States
Water Quality Improvement Act of 1970, •
I8, Seller certifies that all materials and workmanship provided. under this order will be manufactured in compliance with all applicable laws, rules, regulations, orders, codes
and ordinances of the governing bodies having jurisdiction. whether federal. state or local, including,but net limited to the Fair Labor Standards Act and the Equal Em-
ployment Opportunity clause in Section 202 of Executive Order 11246 and all amendments thereto.
M-ALONEY - CRAWFORD TANK CORPORATION
5322 Gulfton Drive • P.O. Box 7827 • Houston, Texas 77007 •• Phone (713) 667-9353 • Home Office: 38 No. Peoria, Tulsa, Okla. 74101 .
nuo_
JLJ� OQUOTATION NO. BTQ 657-75
DATE September_ p 15, 1975
TERMS 1/2% 15 Days Net 30
CITY OF PEAP.LAND, TEXAS (CITY HALL) YOUR REFERENCE: Written Inquiry
2335 North Texas Avenue dated 9-2-75
Pearland, Texas
FOB
CAN SHIP
AFTER RECEIPT OF ORDER
ATTENTION: Dorothy L. Cook, City Secretary SUBJECT TO PRIOR SALE
Bid No. 75.8
GENTLEMEN:Thank you for your inquiry. We appreciate-the-opportunity to furnish our quotation for the following work to be performed in
accordance with the following terms and conditions.
This offer shall not become a binding agreement until accepted by an authorized officer of Maloney-Crawford Tank Corporation at Tulsa.Oklahoma The under-
signed purchaser offers to buy.accept and pay for the following in accordance with the terms set forth below and on the reverse side of this sheet
1 — 10,000 Barrel Galvanized flat bottom bolted steel tank., 10-7-10-10-12 gauge
54' 11-3/+" diameter x 24'2" high, complete with the following:
1 - Set Standard galvanized hardware including bolts and gasketing with rings
and washer for all vertical sears, and bottom.
1 - 24" x 46" Flush type cleanout with 2 piece cover.
1 - 20" Dome with cover.
1 - Inside center pole deck support with rafters.
1 - 8" Sentinel AB Breather vent with screen.
1 - 24" Square manhole with locking - type device.
1 - Manufacturer's standard galvanized inside auxiliary ladder.
1 - Set (24-rolls) 55# Tar Paper.
3 - 8" 150# RF flanged outlet connections each with a internal projection of 2"
and external projection of 8".
1 - 8" Screened overflow connection with flap valve.
Estimated Shipping Weight: 84,900 lbs.
Net Selling Price F.O.B. Tulsa, Oklahoma for one (1)
(Field Erection Labor included) $ 44,508.00
Estimated Truck Freight to Pearland, Texas for cne (1) $ 1,172.00
Customer to be invoiced actual freight.
Shipment: 6 to 7 weeks after receipt of firm order.
® pARMAC.=Tc. • Parkersburg
Form HS-01-A
STANDARD TERMS AND CONDITIONS OF SALE a. • - -
These clauses are a part of the quotation on the reverse side of this sheet:
I. This quotation and these terms and conditions are made in good faith but it is understood they are not binding upon and may be withdrawn by either party until formally
accepted in the space provided by an authorized officer of Seller at its home office in Tulsa, Oklahoma. Any acceptance is subject to the Purchaser establishing and main-
taining credit satisfactory to Seller. If Purchaser fails to fulfill the terms of payment. Seller may defer further shipments, or may at its option cancel the unshipped balance.
All costs and expenses, including attorneys fees, incurred by the Seller in enforcing the terms and conditions of this agreement or obtainingpayment thereof shall be charge-
able to and paid by the Purchaser together with interest at the rates provided herein on any unpaid balance from the date of default until full payment has been made. Seller
reserves the right previous to making any shipments to require from Purchaser satisfactory security for performance of Purchaser's obligations. No failure of Seller to exer-
cise any right accruing from any default of Purchaser shall impair Seller's right in case of any subsequent default of Purchaser.
2. All quotations and sales are F.O.B. point of shipment unless otherwise expressly stipulated and are based on freight rates in effect at time of shipment. It is expressly under-
stood in case of advance or decline in freight rates between date quotation is made and date on which shipment is made, that Purchaser will be charged or credited accord-
ingly. Cash discount applies only on value of material; freight and labor charges are not subject to cash discount. All quotations and sales prices shall be adjusted to give
effect to escalation charges at time of delivery.
3. Shipments of materials covered by this quotation shall be made as close to the estimated shipping date as possible. While every effort is made to maintain schedules Seller is
not liable for damages, (direct, indirect, incidental or consequential), or otherwise on account of delays. All statements as to shipments are subject to prompt receipt by
Seller of full information and the prompt approval by Purchaser of all drawings when so required.
4. Seller's responsibility ceases upon delivery of shipments to carriers and purchasers are warned against receipting for them until careful inspection has been made. )Where
Seller agrees for Purchaser to inspect goods, the inspection and acceptance must be made before shipment unless otherwise stipulated in writing.
Seller agrees to assist Purchaser with claims against carriers for loss or damage in transit. If damage or shortage is detected, a descriptive notation must be placed on the
delivery receipt which is to be signed by both the carrier and receiver. The failure to note loss or damage on carrier's receipt at time of delivery constitutes an expression on
the part of the Purchaser that the goods were received in satisfactory condition. A clear receipt normally destroys any legal action against the carrier or shipper.
If the receiver is unable to thoroughly examine a shipment at time of delivery, a conditional receipt should be given the carrier reading as follows:
"This shipment is accepted subject to later inspection and count." When such a receipt is given to the carrier the shipment must be examined within ten (10) days
and thereafter any loss or damage reported at that time to carrier and shipper. When a concealed damage is discovered, it is to be reported immediately to the delivery carrier
and shipper.
Since responsibility for the materials sold hereunder passes to Purchaser upon delivery to the carrier, all claims for loss or damage in transit should be filed by Purchaser
directly with the carrier. A Copy of the claim, accompanied by a freight bill (or delivery receipt) bearing the freight agent's endorsement and notification of the loss or
damage, must he delivered to Seller within ten (10) days after delivery of materials to Purchaser. Any claim other than claims for loss or damage in transit shall be re-
ported in writing to Seller at its home office within ten (10) days after receipt of the shipment. Purchaser expressly waives all claims not so reported.
5. The Seller only warrants new products manufactured and sold by it against its own defective workmanship and material under normal and proper use in service for ninety
(90) days from date of delivery (except for any special warranty period which might be applicable either as set forth in its catalog or as made a part of this Quotation)
and only when subjected to operating conditions outlined by Purchaser when order is placed and only when owned by the original Purchaser. EXCEPT THAT:
(a) SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS (PROCESS-WISE, MECHANICALLY OR OTHERWISE) AND NO WARRANTIES
WHICH EXTEND BEYOND THOSE SPECIFICALLY SET FORTH HEREIN, AND NONE SHALL BE IMPLIED BY LAW.
(b) Seller's liability for damages caused by Seller's defective workmanship or material shall be limited to repairing or replacing the defective part or parts and no al-
lowance shall be granted for repairs or alterations made without Seller's prior written consent. The decision to repair or replace shall be at Seller's election and shall
be done in conformance with the Sales and Service Terms and Conditions specifically set forth herein and in its catalogs.
(c) Seller's warranty does not apply to sales of used equipment, to work over or repair work, parts requiring replacement because of natural wear and tear, nor to
products, accessories, parts or attachments which were not manufactured by Seller except for the warranty given by the actual manufacturer and then only to the extent
that such warranty is enforceable by Seller.
Id) In any instance in which by Seller's quotation it has specifically given a mechanical and/or process warranty, absent any specially agreed period of time in our
fuotation such warranty shall only extend for thirty (30) days after installation or sixty (60) days after delivery of goods to the Purchaser, or completion of the
irst acceptance test, whichever period of time is shorter. It shall be the Purchaser's responsibility to furnish Seller maximum quoted design conditions for acceptance
testing of the process within the applicable warranty time period. Should the Purchaser fail to do so for any reason whatsoever, then it is deemed that Purchaser ac-
cepts the goods as satisfying the warranty requirements.
6. THE SELLER'S LIABILITY FOR DAMAGES, REGARDLESS OF WHAT THE CAUSE THEREOF MAY BE, SHALL BE LIMITED TO THE REPAIR OR REPLACE-
MENT OF THE DEFECTIVE PART OR PARTS OR EQUIPMENT. In no event shall the Seller be liable for delays, curtailment of plant operations, process failure, loss
of profits, costs for removing any parts or equipment to be repaired or replaced, transportation and installation charges in connection with the repair, replacement or servic-
ing of any parts or equipment. Seller shall in no event be responsible for loss or damage to property left with Seller for repair, work-over or assembling, whether such loss
or damage be caused by fire, wind, water, theft, accident or any other cause beyond Seller's control. NOR SHALL THE SELLER BE LIABLE FOR ANY OTHER IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE DUE TO ANY CAUSE WHATSOEVER. Any drawings and general information fur-
nished as an aid in the installation or erection of materials sold are furnished gratis and form no part of this agreement. Such drawings must not be used until checked and
approved. Any drawings prepared and furnished for use in manufacturing goods in the plant shall become part of this agreement.
7. No federal, state, foreign or local sales, excise, use or other taxes are included in this agreement unless specifically mentioned herein. Purchaser agrees to assume and pay any
taxes that may be imposed with respect to this contract and any price increase in this quotation resulting therefrom.
8. Only materials and/or labor specifically noted are included in this quotation.
9. Seller shall not be liable for loss, damage, delay or failure of delivery resulting from Acts of God, strikes, riot or civil commotion. inability to obtain materials. casualties. su-
spension of plant operations, action of governmental bodies, delays in transportation, or any other causes beyond its control. NOR SHALL SELLER BE LIABLE FOR IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE FOR ANY CAUSE WHATSOEVER.
10. Orders for specially constructed equipment cannot be canceled or changed under any circumstances without Seller's consent. In the event of cancellation by the Purchaser of
an order for specially constructed equipment with' Seller's consent. the Purchaser agrees to reimburse the Seller for its costs incurred plus l0rl of said costs. By definition,
costs in such instance shall include but not be limited to the Seller's actual costs incurred for labor, materials, manufacturing, engineering, office administration- legal. re-
stocking and such work hours as may be added to the cost of shop operations or lost in giving effect to the rescheduling required to replace the canceled order. A minimum
of 15/ cancellation and re-stocking charge shall be made on all orders of goods which are canceled as an agreed upon reasonable minimum charge for liquidated damages.
it being recognized and agreed that it is extremely difficult to determine the actual damages.
11. All orders will be accepted only under the provisions herein set forth. It is agreed that upon acceptance by the Seller only this document, the terms and conditions for sales
and services as set forth in our catalogues, and such other instruments as may be incorporated herein by specific reference shall constitute the entire agreement between the
parties. Subject to the proviso herein contained in paragraph five (5), should there he any conflict on any matters between the terms and conditions as set forth herein and
those contained in our catalogues or any instrument incorporated herein by reference, this document shall prevail. It is further agreed that no changes may be made unless
specifically authorized in writing by an authorized officer of Seller at its home office. When this quotation is based upon information and specifications furnished us by
Purchaser, any deviation therefrom will be subject to extra charges.
12. Due to our lack of control of the quality of available coating materials and due to the lack of control of the characteristics of the use and the elements involved. Seller
guarantees only to apply coatings in accordance with practices and standards recommended by the manufacturers of the coating material. We invite shop inspection during
the application or after it is. completed. but prior to shipment from our Plants. Our guarantee covers the proper application only when corrected prior to shipment from our
Plants and does not cover loss of contents or loss due to corrosion or for indirect or consequential damages of any kind.
13. Seller shall have no responsibility for patent infringement for the manufacture. use or sale of the products herein which are considered as the design or specification of
Purchaser or any other third party, nor shall Seller have responsibility for the structural design or the operating performance of products manufactured according to designs
and specifications of the Purchaser, or any other third party, including shop drawings made by Seller and approved by the Purchaser which shop drawings shall he con-
sidered as part of the Purchaser's design and specification. Responsibility for the products as hereinabove referred to in this paragraph shall he borne by the Purchaser who
agrees to hold the Seller harmless from any liability in connection therewith. Seller shall have no responsibility for patent infringement of equipment sold by it which i••
manufactured by others. Seller shall have no responsibility for information. drawings. or other matters submitted by Purchaser to Seller as trade secrets or confidential
proprietary information unless expressly set forth in a written and separate agreement between Purchaser and Seller.
14. All payments unless otherwise specified, shall be in U.S. Dollars and all money exchange rate charges, duties, taxes and like charges not specifically included in the face
of the quotation shall be paid by Purchaser.
15. It is agreed that the law of the State of Oklahoma, not including choice of law rules, shall govern all the rights and duties of the Purchaser and Seller and any other ques-
tion relating to this agreement.
16. If the user of the equipment and materials covered by this quotation is not the Purchaser, said Purchaser shall furnish the user with a copy of Seller's terms and conditions
of sale along with any special installation and operational instructions which it may receive from the Seller. Purchaser agrees to indemnify and hold Seller harmless foi
any and all loss, damage and/or expense which may at any time be sustained by the Seller by reason of any claims by the user against which the Seller would have a
partial or total legal defense had notice of Seller's terms and conditions of sale or special installation or operational instructions been made available by the Purchaser to
the user.
17. Without in any way limiting any other indemnity provisions contained in the standard terms and conditions of sales. Purchaser agrees to indemnify and hold Seller harm-
less from and against all liability, loss, cost, damage and/or expense caused by. arising from or incidental to any pollution by oil or gas discharge or spillage. Such in-
demnity and hold harmless agreement shall include but not be limited to any liability to or action by the United States Government, the separate States or third parties under
all applicable Federal and State laws and governmental orders, rules and regulations relating to pollution, including specifically (but without limitation) the United States
Water Quality Improvement Act of 1970.
18. Seller certifies that all materials and workmanship provided under this order will be manufactured in compliance with all applicable laws- rules, regulations, orders, codes
and ordinances of the governing bodies having jurisdiction, whether federal, state or local, including but not limited to the Fair Labor Standards Act and the Equal Em-
ployment Opportunity clause in Section 202 of Executive Order 11246 and all amendments thereto.
MALONEY - CRAWFORD TANK CORPORATION
5322 Gulfton Drive • P. 0. Box 7827 • Houston.Texas 77007 • Phone(713)667-9353 • Home Office: 38 No. Peoria.Tulsa.Okla. 74101
c-au Q
J A
Q
QUOTATION NO. S
MBTU 6 7-75
DATE • September 15, 1975
TERMS
CITY OF PEARLAND, TEXAS (CITY HALL) YOUR REFERENCE:
Page 2
•
GENERAL NOTES
1. Drawing and fabrication time is based on present engineering and
shop workload and material availability. This time could change,
and therefore, we would appreciate the opportunity to review this
portion of our proposal prior to placement of an order.
2. Due to often rapidly altering market conditions, the prices which
are quoted above are subject to change without notice. We hope
that our customers will appreciate the need for our inclusion of
this provision and that, in the event of an order placement based
upon the pricing of this quotation, we must reserve the right to
review selling prices before acceptance of such order.
3. Seller makes no representation the products covered by this
quotation may or may not meet the requirements for the Purchaser's
compliance under the Williams-Steiger Occupational Safety and
Health Act of 1970.
4. Design Information: Design based on API-12-B, and the following:
1. Specific Gravity of 1.00 MAXIMUM
2. Static Head
3. Open to Atmosphere
4. Overflow in shell of tank to prevent overfilling
5. Tank built on uniform grade
5. Prices based on tank being erected on customers accessible level
prepared grade.
pA>�aetwo.:wro. • Park rsburg
Form HS-01-B
•
STANDARD TERMS AND CONDITIONS OF SALE , _ . .
These clauses are a part of the quotation on the reverse side of this sheet:
1. This quotation and these terms and conditions are made in good faith but it is understood they are,not binding upon and may be withdrawn by either party until formally
accepted in the space provided by an authorized officer of Seller at its home office in Tulsa, Oklahoma. Any acceptance is subject to the Purchaser establishing and main-
taining credit satisfactory to Seller. If Purchaser fails to fulfill the terms of payment. Seller may defer further shipments, or may at its option cancel the unshipped balance.
Al! costs and expenses. including attorneys.fees, incurred by the Seller in enforcing the terms and conditions of this agreement or obtaining payment thereof shall be charge.
able to and paid by the Purchaser together with interest at the rates provided herein nn any unpaid balance from the date of default until full payment has been made. Seller
reserves the right pre%ious to making any shipments to require from Purchaser satisfactory security for.performance of Purchaser's obligations. No failure of Seller to exer-
cise any right accruing from any default of Purchaser shall impair Seller's right in case of any subsequent default of Purchaser,
2. All quotations and sales are F.O.B. point of shipment unless otherwise expressly stipulated and are based on freight rates in effect at time of shipment. It is expressly under-
stood in case of advance or decline in freight rates between date quotation is made and date on which shipment is made, that Purchaser will he charged or credited accord-
ingly. Cash discount applies only on value of material; freight and labor charges are not subject to cash discount. All quotations and sale's prices shall he adjusted to give
effect to escalation charges at time of delivery.
3. Shipments of materials covered by this quotation shall be made as close to the estimated shipping date as possible. While evety effort is made to maintain schedules Seller is
not liable for damages, (direct, indirect, incidental or consequential), or otherwise on account of delays. All statements as to shipments are subject to prompt receipt by
Seller of full information and the prompt approval by Purchaser of all drawings when so required.
4. Seller's responsibility ceases upon delivery of shipments to carriers and purchasers are warned against receipting for them until careful inspection has been made. Where
Seller agrees for Purchaser to inspect goods, the inspection and acceptance must be made before shipment unless otherwise stipulated in writing.
Seller agrees to assist Purchaser with claims against carriers for loss or damage in-transit. If damage or shortage is detected, a descriptive notation must be placed on the
delivery receipt which is to be signed by both the carrier and receiver. The failure to note loss or damage on carrier's receipt at time of delivery constitutes an expression on
the part of the Purchaser that the goods were received in satisfactory condition. A clear receipt normally destroys any legal action against the carrier or shipper.
If the receiver is unable to thoroughly examine a shipment at time of delivery, a conditional receipt should be given the carrier reading as follows:
"This shipment is accepted subject to later inspection and count." When such a receipt is given to the carrier the shipment must be examined within ten (10) days
and thereafter any loss or damage reported at that time to carrier and shipper. When a concealed damage is discovered, it is to be reported immediately to the delivery carrier
and shipper.
Since responsibility for the materials sold hereunder passes to Purchaser upon delivery to the carrier, all claims (or loss or damage in transit should be filed by Purchaser
directly with the carrier. A Copy of the claim, accompanied by a freight bill (or delivery receipt) bearing the freight agent's endorsement and notification of the loss or
damage, must he delivered to Seller within ten (10) days after delivery of materials to Purchaser. Any claim other than claims for loss or damage in transit shall be re-
ported in writing to Seller at its home office within ten (10) days after receipt of the shipment. Purchaser expressly waives all claims not so reported.
5. The Seller only warrants new products manufactured and sold by it against its own defective workmanship and material under normal and proper use in service for ninety
(90) days from date of delivery (except for any special warranty period which might he applicable either as set forth in its catalog or as made a part of this Quotation)
and only when subjected to operating conditions outlined by Purchaser when order is placed and only when owned by the original Purchaser. EXCEPT THAT:
(a) SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS (PROCESS-WISE. MECHANICALLY OR OTHERWISE) AND NO WARRANTIES
WHICH EXTEND BEYOND THOSE SPECIFICALLY SET FORTH HEREIN, AND NONE SHALL BE IMPLIED BY LAW. pp
er's
lity for
lowance) lshallltbetgranted damages
liar m pairs caused orl erationsrmadef without Seller's ive shpriorp written
r ttenal cnsent. The be n decision to rtoarepair or or replaceshall beat Seller's electionaandnshall
be done in conformance with the Sales and Service Terms and Conditions specifically set forth herein and in its catalogs.
(c) Seller's warranty does not apply to sales of used equipment, to work over or repair work, parts requiring replacement because of natural wear and tear, nor to
products, accessories. parts or attachments which were not manufactured by Seller except for the warranty given by the actual manufacturer and then only to the extent
that such warranty is enforceable by Serer.
Id) In any instance in which by Seller's quotation it has specifically given a mechanical and/or process warranty, absent any specially agreed period of time in nui
quotation such warranty shall only extend for thirty (30) days after installation or sixty (60) days after delivery of goods to the Purchaser• or completion of the
first acceptance test. whichever period of time is shorter. It shall be the Purchaser's responsibility to furnish Seller maximum quoted design conditions for acceptance
test thou the process within the applicable warranty time period. Should the Purchaser fail to do so for any reason whatsoever, then it is deemed that Purchaser ac-
pis goods as satisfying the.warranty requirements.
6. THE SELLER'S LIABILITY FOR DAMAGES. REGARDLESS OF WHAT THE CAUSE THEREOF MAY BE, SHALL BE LIMITED TO THE REPAIR OR REPLACE-
MENT OF THE DEFECTIVE PART OR PARTS OR EQUIPMENT. In no event shall the Seller be liable for delays, curtailment of plant operations, process failure, loss
of profits, costs for removing any parts or equipment to be repaired or replaced, transportation and installation charges in connection with the repair, replacement or servic-
ing of any parts or equipment. Seller shall in no event be responsible for loss or damage to property left with Seller for repair, work-over or assembling. whether such loss
or damage he caused by fire, wind- water, theft, accident or any other cause beyond Seller's control. NOR SHALL THE SELLER BE LIABLE FOR ANY OTHER IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE DUE TO ANY CAUSE WHATSOEVER- Any drawings and general information fur-
nnishedeads An aid n the installation or erection o materials sold are furnished gratis and form no art of this agreement. Such drawings must not be used until checked and
PP Y drawingsprepared and furnished for use in manufacturing goods in the plant shall becomepart of this agreement.
7. No federal, state, foreign or local sales, excise, use or other taxes are included in this agreement unless specifically mentioned herein. Purchaser agrees to assume and pay any
taxes that may be imposed with respect to this contract and any price increase in this quotation resulting therefrom.
8. Only materials and/or labor specifically noted are included in this quotation.
9. Seller shall not he liable for loss, damage, delay or failure of delivery resulting from Acts of God, strikes, riot or civil commotion, inability to obtain materials- casualties, su-
spension of plant operations. action of governmental bodies, delays in transportation, or any other causes beyond its control. NOR SHALL SELLER BE LIABLE FOR IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL. DAMAGE FOR ANY CAUSE WHATSOEVER.
10. Orders for specially constructed equipment cannot be canceled or changed under any circumstances without Seller's consent. in the event of cancellation by the Purchaser of
an order for specially constructed equipment with Seller's consent. the Purchaser agrees to reimburse the Seller for its costs incurred plus t0'; of said costs. By definition.
costs in such instance shall include but not be limited to the Seller's actual costs incurred for labor, materials, manufacturing. engineering, office administration, legal. re-
stocking and such work hours as may be added to the cost of shop operations nr lost in giving effect to the rescheduling required to replace the canceled order. A minimum
of 1s'; cancellation and re-stocking charge shall be made on all orders of goods which are canceled as an agreed upon reasonable minimum charge for liquidated damages,
it being recognized and agreed that it is extremely difficult to determine the actual damages.
II. All orders will he accepted only under the provisions herein set forth. It is agreed that upon acceptance by the Seller only this document, the terms and conditions for sales
anal services as set forth in our catalogues, and such other instruments as may he incorporated herein by specific reference shall Constitute the entire agreement between the
parties. Subject to the pros iso herein contained in paragraph five (s), should there he any conflict on any matters between the terms and conditions as set forth herein and
those contained in our catalogues or any instrument incorporated herein by reference, this document shall prevail. It is further agreed that no changes may be made unless
specifically authorized in writing by an authorized officer of Seller at its home off ice. \Vhen this quotation is based upon information and specifications furnished us by
Purchaser, any deviation therefrom will be subject to extra charges.
12. Due to our lack of control of the quality of available coating materials and due to the lack of control of the characteristics of the use and the elements involved. Seller
guarantees only to apply coatings in accordance with practices and standards recommended by the manufacturers of the coating material. We invite shop inspection during
the application air after it is completed, but prior to shipment from our Plants. Our guarantee covers the proper application only when corrected prior to shipment from our
Plants and does not cover loss of contents or loss due to corrosion or for indirect air consequential damages of any kind.
13. Seller shall have no responsibility for patent infringement for the manufacture, use air sale of the products herein which arc considered as the design nr specification of
Purchaser or any other third party, nor shall Seller have responsibility for the structural design or the operating performance of products manufactured according to designs
and specifications of the Purchaser, or any other third party, including shop drawings made by Seller and approved by the Purchaser which shop drawings shall he con-
sidered as part of the Purchaser's design and specification. Res.ponsibility lair the products as hereinaho ve referred to in this paragraph shall be borne by the Purchaser who
agrees to hold the Seller harmless from any liability in connection therewith. Seller shall have no responsibility for patent infringement of equipment sold by it which is
manufactured by others. Seller shall have no responsibility for information. dross ings. or other matters submitted by Purchaser to Seller as trade secrets air confidential
proprietary information unless expressly set forth in a written and separate agreement betssccn Purchaser and Seller.
14. All payments unless otherwise specified, shall be in U.S. Dollars and all money exchange rate charges, duties, taxes and like charges not specifically included on the face
of the quotation shall he paid by Purchaser,
Is. It is agreed that the law of the State of Oklahoma, not including choice of law rules, shall govern all the rights and duties of the Purchaser and Seller and any other ques-
tion relating to this agreement.
16. If the user of the equipment and materials covered by this quotation is not the Purchaser, said Purchaser shall furnish the user with a copy of Seller's terms and conditions
f s and ale along with any special installation and operational instructions which it may receive from the Seller. Purchaser agrees to indemnify and hold Seller harmless too
partial air.all loss.
slegal defensee d/or hadenotice oense f Sellh er's sy at terms any time
mnditinns be sustained
of sale by
rtbe Sea'crinstallation or reason foperitnnarl sinsbtructi�ns user
been amadewhich
a table by Seller
thewPurcia Purchaserhave
the user.
17. Without in any way limiting any other indemnity provisions contained in the standard terms and conditions of sales, Purchaser agrees to indemnify and hold Seller,harm-
less from and against all liability, loss, cost, damage and/or expense caused by. arising from or incidental to any pollution by oil or gas discharge or spillage. Such in-
demnity and hold harmless agreement shall include but not be limited to any liability to or action by the United States Government. the separate States or third parties under
all applicable Federal and State laws and governmental orders, rules and regulations relating to pollution, including specifically (but without limitation) the United States
\Vater Quality Improvement Act of 1970.
•
IS. Seller certifies that all materials and workmanship provided under this order will be manufactured in compliance with all applicable laws- rules, regulations, orders, codes
and ordinances of the governing bodies having jurisdiction, whether federal, state or local, including but not limited to the Fair Labor Standards Act and the Equal Em-
ployment Opportunity clause in Section 202 of Executive Order It246 and all amendments thereto.
. Me4LONEY - CRAWFORD TANK CORPORATION
5322 Gulfton Drive • P. 0. Box 7827 • Houston.Texas 77007 • Phone(7131 667-9353 • Home Office: 38 No. Peoria.Tulsa,Okla. 74101
J Q i__— _..] O nfiQUOTATION NO. BTQ 657-75
aunt__
DATE SepteMber 15, 1975
_
TERMS
CITY OF PEARLAND, TEXAS (CITY HALL) YOUR REFERENCE:
Page 3
PRICES ARE FIRM BASED ON RECEIVING CUSTOMER PURCHASE ORDER ON OR BEFORE
OCT. 15, 1975, AND FOLLOWING CONDITIONS
1. Knocked Down Tank Price will be invoiced at time customer is notified
tank is ready to ship. Terms of Payment to be 1/2% 15 days, net 30 days,
2. If erection is included in price, and customer accepts erection with-in
sixty days after notification tank is ready to ship, then no escalation
will apply to erection price, and erection price will be invoiced after
erection is completed. Payment terms to be 1/2% 15 days, .net 30 days.
3. If tank not erected with-in sixty days after notification, then the
following escalation method will apply:
III. FIELD ERECTION LABOR (Where Applicable)
A. Charges for beginning field erection labor shall be 18%
of the total quoted price. Beginning field erection labor
price will be based on the labor rate charges in effect during
the period of preparation of this quotation. Any increase in
these labor rate charges subsequent to that time will be
borne by the Purchaser. The final field erection labor price
will be based on the labor rate charges in effect at the
times work is performed on the job.
B. The difference between the final field erection labor price
and the beginning field erection labor price will be the
base escalated cost for field erection labor.
C. The sum of escalated costs as determined above shall be
multiplied by a factor 1.00. The resulting sum shall be total
escalation charge to be invoiced. (including all increases in
general administrative expenses, engineering expenses, etc.)
•
•
BY 0_,G \ t4- 11\-\n l 4
W.A. Ob enh aus
WAO/SH/sh • Parkersburg
pA7[t> �C?+za.Ta• Form HS-01-B
STANDARD TERMS AND CONDITIONS OF SALE
These clauses are a part of the quotation on the reverse side of this sheet:
I. This quotation and these terms and conditions are made in good faith but it is understood they are not binding upon and may be withdrawn by either party until formally
accepted in the space provided by an authorized officer of Seller at its home office in Tulsa, Oklahoma. Any acceptance is subject to the Purchaser establishing and main-
taining credit satisfactry. to Seller. If Purchaser fails to fulfill the terms of payment, Seller may defer further shipments, or may at its option cancel the unshipped balance.
All costs and expenses, including attorneys fees, incurred by the Seller in enforcing the terms and conditions of this agreement or obtaining payment thereof shall be charge-
able to and paid by the Purchaser together with interest at the rates provided herein on any unpaid balance from the date of default until full payment has been made. Seller
reserves the right previous to making any shipments to require from Purchaser satisfactory security for performance of Purchaser's obligations. No failure of Seller to exer-
cise any right accruing from any default of Purchaser shall impair Seller's right in case of any subsequent default or Purchaser.
2. All quotations and sales are F.O.B. point of shipment unless otherwise expressly stipulated and are based on freight rates in effect at time of shipment. It is expressly under-
stood in case of advance or decline in freight rates between date quotation is made and date on which shipment is made, that Purchaser will be charged or credited accord-
ingly. Cash discount applies only on value of material; freight and labor charges are not subject to cash discount. All quotations and sales prices shall be adjusted to give
effect to escalation charges at time of delivery.
3. Shipments of materials covered by this quotation shall be made as close to the estimated shipping date as possible. While eveiy effort is made to maintain schedules Seller is
not liable for damages, (direct, indirect, incidental or consequential), or otherwise on account of delays. All statements as to shipments are subject to prompt receipt by
Seller of full information and the prompt approval by Purchaser of all drawings when so required.
4. Seller's responsibility ceases upon delivery of shipments to carriers and purchasers are warned against receipting for them until careful inspection has been made. Where
Seller agrees for Purchaser to inspect goods. the inspection and acceptance must be made before shipment unless otherwise stipulated in writing.
Seller agrees to assist Purchaser with claims against carriers for loss or damage in transit. If damage or shortage is detected, a descriptive notation must be placed on the
delivery receipt which is to be signed by both the carrier and receiver. The failure to note loss or damage on carrier's receipt at time of delivery constitutes an expression on
the part of the Purchaser that the goods were received in satisfactory condition. A clear receipt normally destroys any legal action against the carrier or shipper.
If the receiver is unable tit thoroughly examine a shipment at time of delivery, a conditional receipt should be given the carrier reading as follows:
"This shipment is accepted subject to later inspection and count." When such a receipt is given to the carrier the shipment must be examined within ten (1n) days
and thereafter any loss or damage reported at that time to carrier and shipper. When a concealed damage is discovered, it is to be reported immediately to the delivery carrier
and shipper.
Since responsibility for the materials sold hereunder passes to Purchaser upon delivery to the carrier, all claims for loss or damage in transit should be filed by Purchaser
directly with the carrier. A Copy of the claim, accompanied by a freight bill (or delivery receipt) bearing the freight agents endorsement and notification of the loss or
damage, must he delivered to Seller within ten (10) days after delivery of materials to Purchaser. Any claim other than claims for loss or damage in transit shall be re-
ported in writing to Seller at its home office within ten (10) days after receipt of the shipment. Purchaser expressly waives all claims not so reported.
S. The Seller only warrants new products manufactured and sold by it against its own defective workmanship and material under normal and proper use in service for ninety
190) days from date of delivery texcept for any special warranty period which might be applicable either as set forth in its catalog or as made a part of this Quotation)
and only when subjected to operating conditions outlined by Purchaser when order is placed and only when owned by the original Purchaser, EXCEPT THAT:
(a) SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS (PROCESS-WISE. MECHANICALLY OR OTHERWISE) AND NO WARRANTIES
WHICH EXTEND BEYOND THOSE SPECIFICALLY SET FORTH HEREIN. AND NONE SHALL BE IMPLIED BY LAW.
Us) Seller's liability for damages caused by Seller's defective workmanship or material shall be limited to repairing or replacing the defective part or parts and no al.
lowance shall be granted for repairs or alterations made without Seller's prior written consent. The decision to repair or replace shall be at Seller's election and shall
be done in conformance with the Sales and Service Terms and Conditions specifically set forth herein and in its catalogs.
(c) Sel'er's warranty does not apply to sales of used equipment, to work over or repair work, parts requiring replacement because of natural wear and tear, nor to
products, accessories, parts or attachments which were not manufactured by Seller except for the warranty given by the actual manufacturer and then only to the extent
that such svarranty is enforceable by Seller.
(d) In any instance in which by Seller's quotation it has specifically given a mechanical and/or process warranty, absent any specially agreed period of time in our
quotation such svarranty shall only extend for thirty (30) days after installation or sixty (60) days after delivery of goods to the Purchaser- or completion of the
first acceptance test, whichever period of time is shorter. it shall be the Purchaser's responsibility to furnish Seller maximum quoted design conditions for acceptance
testing of the process within the applicable warranty time period. Should the Purchaser fail to do so for any reason whatsoever, then it is deemed that Purchaser ac-
cepts the goods as satisfying the warranty requirements.
6. THE SELLER'S LiABIL-ITY FOR DAMAGES. REGARDLESS OF WHAT THE CAUSE THEREOF MAY BE, SHALL BE LIMITED TO THE REPAIR OR REPLACE-
MENT OF THE DEFECTIVE PART OR PARTS OR EQUIPMENT. In no event shall the Seller be liable for delays, curtailment of plant operations, process failure, loss
of profits, costs for removing any parts or equipment to be repaired or replaced. transportation and installation charges in connection with the repair, replacement or servic-
ing of any parts or equipment. Seller shall in no event be responsible for loss or damage to property left with Seller for repair, work-over or assembling, whether such loss
or damage he caused by fire. wind. water. theft, accident or any other cause beyond Seller's control. NOR SHALL THE SELLER BE LIABLE FOR ANY OTHER IN-
DiRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE DUE TO ANY CAUSE WHATSOEVER. Any drawings and general information fur-
nished as an aid in the installation or erection of materials sold are furnished gratis and form no part of this agreement. Such drawings must not he used until checked and
approved. Any drawings prepared and furnished for use in manufacturing goods in the plant shall become part of this agreement.
7. No federal, state, foreign or local sales. excise, use or other taxes are included in this agreement unless specifically mentioned herein. Purchaser agrees to assume and pay any
taxes that may be imposed with respect to this contract and any price increase in this quotation resulting therefrom.
8. Only materials and/or labor specifically noted are included in this quotation.
9. Seller shall not be liable for loss, damage. delay or failure of delivery resulting from Acts of God, strikes, riot or civil commotion, inability to obtain materials. casualties. su-
spension of plant operations, action of governmental bodies, delays in transportation, or any other causes beyond its control. NOR SHALL SELLER RE LIABLE FOR IN-
DiRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE FOR ANY CAUSE WHATSOEVER.
10. Orders for specially constructed equipment cannot be canceled or changed under any circumstances without Seller's consent. In the event of cancellation by the Purchaser of
an order for specially constructed equipment with Seller's consent. the Purchaser agrees to reimburse the Seller for its costs incurred plus 10'; of said costs. By definition,
costs in such instance shall include but not be limited to the Seller's actual costs incurred for labor, materials, manufacturing- engineering, office administration. legal. re-
stocking and such work hours as may be added to the cost of shop operations or lost in giving effect to the rescheduling required to replace the canceled order. A minimum
of 1S'; cancellation and re-stocking charge shall be made on all orders of goods which are canceled as an agreed upon reasonable minimum charge for liquidated damages,
it being recognized and agreed that it is extremely difficult to determine the actual damages.
II. All orders will he accepted only under the provisions herein set forth. it is agreed that upon acceptance by the Seller only this document, the terms and conditions for sales
and services as set forth in our catalogues, and such other instruments as may he incorporated herein by specific reference shall constitute the entire agreement between the
parties. Subject to the mosiso herein contained in paragraph five (a), should there he any conflict on any matters between the terms and conditions as set forth herein and
those contained in our catalogues or any instrument incorporated herein by reference. this document shall prevail. It is further agreed that no changes may be made unless
riting y an authorized officer of Seller at its home office. \Vhen this quotation is based upon information and specifications furnished us by
specificallyauthorized in wh
Purchaser, any deviation therefrom will be subject to extra charges.
12. Due to our lack of control of the quality of available coating materials and due hi the lack of control of the characteristics of die use and the elements involved. Seller
guarantees only to apply coatings in accordance with practices and standards recommended by the manufacturers of the coating material. We invite shop inspection during
the application or after it is completed, but prior to shipment from our Plants. Our guarantee covers the proper application only when corrected prior to shipment from ow
Plants and does not cover loss of contents or loss due to corrosion or for indirect or consequential damages of any kind.
13. Seller shall have no responsibility for patent infringement for the manufacture. use or sale of the products herein which arc considered as the design or specification of
Purchaser or any other third party, nor shall Seller have responsibility for the structural design or the operating performance of products manufactured according to designs
and specifications of the Purchaser, or any other third party, including shop drawings made by Seller and approved by the Purchaser which shop dressings shall he con-
sidered as part of the Purchaser's design and specification. Responsibility t or theproducts as hereinabove referred to in this paragraph shall he borne by the Purchaser who
agrees to hold the Seller harmless from any liability in connection therewith. Seller shrill have no responsibility for patent infringement of equipment sold by it which it
manufactured by others. Seller shall have no responsibility for information. drawings, or other matters submitted by Purchaser to Seller as trade secrets or confidential
proprietary information unless expressly set forth in a written and separate agreement bens cm Purchaser and Seller.
14, All payments unless otherwise specified, shall be in U.S. Dollars and all money exchange rate charges, duties, taxes and like charges not specifically included on the face
of the quotation shall he paid by Purchaser.
Ia. It is agreed that the law of the State of Oklahoma, not including choice of law rules, shall govern all the rights and duties of the Purchaser and Seller and any other ques-
tion relating to this agreement.
16. If the user of the equipment and materials covered by this quotation is not the Purchaser, said Purchaser shall furnish the user with a copy of Seller's terms and conditions
of sale along with any special installation and operational instructions which it may receive from the Seller. Purchaser agrees to indemnify and hold Seller harmless Ior
any and all loss. damage and/or expense which may at any time be sustained by the Seller by reason of any claims by the user against which the Seller would have a
partial or total legal defense had notice of Seller's terms and conditions of sale or special installation or operational instructions been made available by the Purchaser to
the user.
17. Without in any way limiting any other indemnity provisions contained in the standard terms and conditions of sales. Purchaser agrees to indemnify and hold Seller harm-
less from and against all liability, loss, cost, damage and/or expense caused by, arising from or incidental to any pollution by oil or gas discharge or spillage. Such in-
demnity and hold harmless agreement shall include but not be limited to any liability to or action by the United States Government, the separate States or third parties under
all applicable Federal and State laws and governmental orders, rules and regulations relating to pollution, including specifically (but without limitation) the United States
Water Quality Improvement Act of 1970.
IR. Seller certifies that all materials and workmanship pro vjded under this order will be manufactured in compliance with all applicable laws, rules, regulations, orders, codes
and ordinances of the governing bodies having jurisdiction; whether federal, state or local, including but not limited to the Fair Labor Standards Act and the Equal Em-
ployment Opportunity clause in Section 202 of Executive Order 11246 and all amendments thereto.
• MALONEY - CRAWFORD TANK CORPORATION
5322 Gulfton Drive • P.0. Box 7827 • Houston, Texas 77007 • Phone (713) 867-9353 • Home Office: 38 No. Peoria, Tulsa,Okla. 74101
CalU
O L -IA- �= O QUOTATION NO. BTQ 657-75
DATE September 15, 1975
TERMS 1/2% 15 Days Net 30
CITY OF PEAP.LAND, TEXAS (CITY HALL) YOUR REFERENCE: Written Inquiry
2335 North Texas Avenue dated 9-2-75
Pearland, Texas FOB
CAN SHIP
AFTER RECEIPT OF ORDER
ATTENTION: Dorothy L. Cook, City Secretary SUBJECT TO PRIOR SALE
Bid No. 75.8
GENTLEMEN.Thank you for your inquiry. We appreciate-he-opportunity to furnish our quotation for the following work to be performed in
accordance with the following terms and conditions.
This offer shall not become a binding agreement until accepted by an authorized officer of Maloney-Crawford Tank Corporation at Tulsa Oklahoma The under-
signed purchaser offers to buy.accept and pay for the following in accordance with the terms set forth below and on the reverse side of this sheet
1 — 10,000 Barrel Galvanized flat bottom bolted steel tank, 10-7-10-10-12 gauge
54' 11-3/4" diameter x 24'2" high, complete with the following:
1 - Set Standard galvanized hardware including bolts and gasketing with rings
and washer for all vertical sears, and bottom.
1 - 24" x 46" Flush type cleanout with 2 piece cover.
1 - 20" Dome with cover.
1 - Inside center pole deck support with rafters.
1 - 8" Sentinel AB Breather vent with screen.
1 - 24" Square manhole with locking - type device.
1 - Manufacturer's standard galvanized inside auxiliary ladder.
1 - Set (24-rolls) 55# Tar Paper.
3 - 8" 150# RF 'flanged outlet connections each with a internal projection of 2"
and external projection of 8".
1 - 8" Screened overflow connection with flap valve.
Estimated Shipping Weight: 84,900 lbs. .
•
Net Selling Price F.O.B. Tulsa, Oklahoma for one (1)
(Field Erection Labor included) $ 44,508.00
Estimated Truck Freight to Poarland, Texas for one (1) $ 1,172.00
Customer to be invoiced actual freight.
Shipment: 6 to 7 weeks after receipt of firm order.
TARMAC,=arc. • Parkersburg
Form HS-01-A
STANDARD TERMS AND CONDITIONS OF SALE
These clauses are a part of the quotation on the reverse side of this sheet:
1. This quotation and these terms and conditions are made in good faith but it is understood they are not binding upon and may be withdrawn by either party until formally
accepted in the space provided by an authorized officer of Seller at its home office in Tulsa, Oklahoma. Any acceptance is subject to the Purchaser establishing and main-
taining credit satisfactory to Seller. If Purchaser fails to fulfill the terms of payment. Seller may defer further shipments, or may at its option cancel the unshipped balance.
All costs and expenses, including attorneys fees, incurred by the Seller in enforcing the terms and conditions of this agreement or obtaining payment thereof shall be charge-
able to and paid by the Purchaser together with interest at the rates provided herein iin any unpaid balance from the date of default until full payment has been made. Seller
reserves the right previous to making any shipments to require from Purchaser satisfactory security for performance of Purchaser's obligations. No failure of Seller to exer-
cise any right accruing from any default of Purchaser shall impair Seller's right in case of any subsequent default of Purchaser.
2. All quotations and sales are F.O.B. point of shipment unless otherwise expressly stipulated and are based on freight rates in effect at time of shipment. It is expressly under-
stood in case of advance or decline in freight rates between date quotation is made and date on which shipment is made, that Purchaser will be charged or credited accord-
ingly. Cash discount applies only on value of material; freight and labor charges are not subject to cash discount. All quotations and sales prices shall be adjusted to give
effect to escalation charges at time of delivery. •
3. Shipments of materials covered by this quotation shall be made as close to the estimated shipping date as possible. While every effort is made to maintain schedules Seller is
not liable for damages, (direct, indirect, incidental or consequential), or otherwise on account of delays. All statements as to shipments are subject to prompt receipt by
Seller of full information and the prompt approval by Purchaser of all drawings when so required.
4. Seller's responsibility ceases upon delivery of shipments to carriers and purchasers are warned against receipting for them until careful inspection has been made. Where
Seller agrees for Purchaser to inspect goods, the inspection and acceptance must be made before shipment unless otherwise stipulated in writing.
Seller agrees to assist Purchaser with claims against carriers for loss or damage in transit. If damage or shortage is detected, a descriptive notation must be placed on the
delivery receipt which is to be signed by both the carrier and receiver. The failure to note loss or damage on carrier's receipt at time of delivery constitutes an expression on
the part of the Purchaser that the goods were received in satisfactory condition. A clear receipt normally destroys any legal action against the carrier or shipper.
If the receiver is unable to thoroughly examine a shipment at time of delivery, a conditional receipt should be given the carrier reading as follows:
"This shipment is accepted subject to later inspection and count." When such a receipt is given to the carrier the shipment must be examined within ten (10) days
and thereafter any loss or damage reported at that time to carrier and shipper. When a concealed damage is discovered, it is to be reported immediately to the delivery carrier
and shipper.
Since responsibility for the materials sold hereunder passes to Purchaser upon delivery to the carrier, all claims for loss or damage in transit should be filed by Purchaser
directly with the carrier. A Copy of the claim, accompanied by a freight bill (or delivery receipt) bearing the freight agent's endorsement and notification of the loss or
damage, must be delivered to Seller within ten (10) days after delivery of materials to Purchaser. Any claim other than claims for loss or damage in transit shall be re-
ported in writing to Seller at its home office within ten (10) days after receipt of the shipment. Purchaser expressly waives all claims not so reported.
5. The Seller only warrants new products manufactured and sold by it against its own defective workmanship and material under normal and proper use in service for ninety
(90) days from date of delivery (except for any special warranty period which might be applicable either as set forth in its catalog or as made a part of this Quotation)
and only when subjected to operating conditions outlined by Purchaser when order is placed and only when owned by the original Purchaser. EXCEPT THAT:
(a) SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS (PROCESS-WISE, MECHANICALLY OR OTHERWISE) AND NO WARRANTIES
WHICH EXTEND BEYOND THOSE SPECIFICALLY SET FORTH HEREIN, AND NONE SHALL BE IMPLIED BY LAW.
(b) Seller's liability for damages caused by Seller's defective workmanship or material shall be limited to repairing or replacing the defective part or parts and no al-
lowance shall be granted for repairs or alterations made without Seller's prior written consent. The decision to repair or replace shall be at Seller's election and shall
be done in conformance with the Sales and Service Terms and Conditions specifically set forth herein and in its catalogs.
(c) Seller's warranty does not apply to sales of used equipment, to work over or repair work, parts requiring replacement because of natural wear and tear, nor to
products, accessories, parts or attachments which were not manufactured by Seller except for the warranty given by the actual manufacturer and then only to the extent
that such warranty is enforceable by Seller.
(d) In any instance in which by Seller's quotation it has specifically given a mechanical and/or process warranty, absent any specially agreed period of time in ow
quotation such warranty shall only extend for thirty (30) days after installation or sixty (60) days after delivery of goods to the Purchaser, or completion of the
first acceptance test, whichever period of time is shorter. It shall be the Purchaser's responsibility to furnish Seller maximum quoted design conditions for acceptance
testing of the process within the applicable warranty time period. Should the Purchaser fail to do so for any reason whatsoever, then it is deemed that Purchaser ac-
cepts the goods as satisfying the warranty requirements.
6. THE SELLER'S LIABILITY FOR DAMAGES, REGARDLESS OF WHAT THE CAUSE THEREOF MAY BE, SHALL BE LIMITED TO THE REPAIR OR REPLACE-
MENT OF THE DEFECTIVE PART OR PARTS OR EQUIPMENT. In no event shall the Seller be liable for delays, curtailment of plant operations, process failure, loss
of profits, costs for removing any parts or equipment to be repaired or replaced, transportation and installation charges in connection with the repair, replacement or servic-
ing of any parts or equipment. Seller shall in no event be responsible for loss or damage to property left with Seller for repair, work-over or assembling, whether such loss
or damage be caused by fire, wind, water, theft, accident or any other cause beyond Seller's control. NOR SHALL THE SELLER BE LIABLE FOR ANY OTHER IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE DUE TO ANY CAUSE WHATSOEVER. Any drawings and general information fur-
nished as an aid in the installation or erection of materials sold are furnished gratis and form no part of this agreement. Such drawings must not be used until checked and
approved. Any drawings prepared and furnished for use in manufacturing goods in the plant shall become part of this agreement.
7. No federal, state, foreign or local sales, excise, use or other taxes are included in this agreement unless specifically mentioned herein. Purchaser agrees to assume and pay an)
taxes that may be imposed with respect to this contract and any price increase in this quotation resulting therefrom.
8. Only materials and/or labor specifically noted are included in this quotation.
9. Seller shall not be liable for loss, damage, delay or failure of delivery resulting from Acts of God, strikes, riot or civil commotion, inability to obtain materials. casualties. su-
spension of plant operations, action of governmental bodies, delays in transportation, or any other causes beyond its control. NOR SHALL SELLER BE LIABLE FOR IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE FOR ANY CAUSE WHATSOEVER.
10. Orders for specially constructed equipment cannot be canceled or changed under any circumstances without Seller's consent. In the event of cancellation by the Purchaser of
an order for specially constructed equipment with Seller's consent. the Purchaser agrees to reimburse the Seller for its costs incurred plus 10'; of said costs. By definition.
costs in such instance shall include but not be limited to the Seller's actual costs incurred for labor, materials. manufacturing. engineering, office administration, legal. re-
stocking and such work hours as may be added to the cost of shop operations or lost in giving effect to the rescheduling required to replace the canceled order. A minimum
of 15; cancellation and re-stocking charge shall be made on all orders of goods which are canceled as an agreed upon reasonable minimum charge for liquidated damages.
it being recognized and agreed that it is extremely difficult to determine the actual damages.
11. All orders will be accepted only under the provisions herein set forth. It is agreed that upon acceptance by the Seller only this document, the terms and conditions for sales
and services as set forth in our catalogues, and such other instruments as may be incorporated herein by specific reference shall constitute the entire agreement between the
parties. Subject to the proviso herein contained in paragraph five (5), should there he any conflict on any matters between the terms and conditions as set forth herein and
those contained in our catalogues or any instrument incorporated herein by reference, this document shall prevail. It is further agreed that no changes may be made unless
specifically authorized in writing by an authorized officer of Seller at its home office. When this quotation is based upon information and specifications furnished us by
Purchaser, any deviation therefrom will be subject to extra charges.
12. Due to our lack of control of the quality of available coating materials and due to the lack of control of the characteristics of the use and the elements involved, Seller
guarantees only to apply coatings in accordance with practices and standards recommended by the manufacturers of the coating material. We invite shop inspection during
the application or after it is completed, but prior to shipment from our Plants. Our guarantee covers the proper application only when corrected prior to shipment from our
Plants and does not cover loss of contents or loss due to corrosion or for indirect or consequential damages of any kind.
13. Seller shall have no responsibility for patent infringement for the manufacture, use in. sale of the products herein which are considered as the design or specification of
Purchaser or any other third party, nor shall Seller have responsibility for the structural design or the operating performance of products manufactured according to designs
and specifications of the Purchaser, or any other third party including shop drawings made by Seller and approved by the Purchaser which shop drawings shall he con-
sidered as part of the Purchaser's design and specification. Responsibility for the products as hereinabove referred to in this paragraph shall he borne by the Purchaser who
agrees to hold the Seller harmless from any liability in connection therewith. Seller shall have no responsibility for patent infringement of equipment sold by it which is
manufactured by others. Seller shall have no responsibility for information. drawings, or other matters submitted by Purchaser to Seller as trade secrets or confidential
proprietary information unless expressly set forth in a written and separate agreement between Purchaser and Seller.
14. All payments unless otherwise specified, shall be in U.S. Dollars and all money exchange rate charges, duties, taxes and like charges not specifically included on the face
of the quotation shall he paid by Purchaser.
15. It is agreed that the law of the State of Oklahoma, not including choice of law rules, shall govern all the rights and duties of the Purchaser and Seller and any other ques-
tion relating to this agreement.
16. If the user of the equipment and materials covered by this quotation is not the Purchaser, said Purchaser shall furnish the user with a copy of Seller's terms and conditions
of sale along with any special installation and operational instructions which it may receive from the Seller. Purchaser agrees to indemnify and hold Seller harmless for
any and all loss. damage and/or expense which may at any time be sustained by the Seller by reason of any claims by the user against which the Seller would have a
partial or total legal defense had notice of Seller's terms and conditions of sale or special installation or operational instructions been made available by the Purchaser to
the user.
17. Without in any way limiting any other indemnity provisions contained in the standard terms and conditions of sales. Purchaser agrees to indemnify and hold Seller harm-
less from and against all liability, loss, cost, damage and/or expense caused by. arising from or incidental to any pollution by oil or gas discharge or spillage. Such in-
demnity and hold harmless agreement shall include but not be limited to any liability to or action by the United States Government, the separate States or third parties under
all applicable Federal and State laws and governmental orders, rules and regulations relating to pollution, including specifically (but without limitation) the United States
Water Quality Improvement Act of 1970.
18. Seller certifies that all materials and workmanship provided under this order will be manufactured in compliance with all applicable laws, rules, regulations, orders. codes
and ordinances of the governing bodies having jurisdiction, whether federal, state or local, including but not limited to the Fair Labor Standards Act and the Equal Em-
ployment Opportunity clause in Section 202 of Executive Order 11246 and all amendments thereto.
'MALONEY- CRAWFORD TANK CORPORATION
5322 Gulfton Drive • P. 0. Box 7827 • Houston.Texas 77007 • Phone(713)667-9353 • Home Office: 38 No. Peoria.Tulsa. Okla. 74101
nuOAL_ Q 11 QUOTATION NO. BTQ 6$7-7$
DATE . September 15 1975
TERMS
CITY OF PEARLANID, TEXAS (CITY HALL) YOUR REFERENCE:
Page 2
•
GENERAL NOTES
1. Drawing and fabrication time is based on present engineering and
shop workload and material availability. This time could change,
and therefore, we would appreciate the opportunity to review this
portion of our proposal prior to placement of an order.
2. Due to often rapidly altering market conditions, the prices which
are quoted above are subject to change without notice. Vie hope
that our customers will appreciate the need for our inclusion of
this provision and that, in the event of an order placement based
upon the pricing of this quotation, we must reserve the right to
review selling prices before acceptance of such order.
3. Seller makes no representation the products covered by this
quotation may or may not meet the requirements for the Purchaser's
compliance under the Williams-Steiger Occupational Safety and
Health Act of 1970.
4. Design Information: Design based on API-12-B, and the following:
1. Specific Gravity of 1.00 MAXIMUM
2. Static Head
3. Open to Atmosphere
4. Overflow in shell of tank to prevent overfilling •
5. Tank built on uniform grade
S. Prices based on tank being erected on customers accessible level
prepared grade.
(::!)
pwisrILsv.=wc. 4111) Parke r s b u r g
Form H S-01-B
STANDARD TERMS AND CONDITIONS OF SALE
These clauses are a part of the quotation on the reverse side of this sheet:
I. This quotation and these terms and conditions are made in good faith but it is understood they are not binding upon and may be withdrawn by either party until formally
accepted in the space provided by an authorized officer of Seller at its home office in Tulsa, Oklahoma. Any acceptance is subject to the Purchaser establishing and.main-
raining credit satisfactory to Seller. If Purchaser fails to fulfill the terms of payment. Seller may defer further shipments, or may at its option cancel the unshipped bcalhance.
arge-
All costs and expenses. including attorneys fees, incurred by the Seller in enforcing the terms and.conditions of this agreement or obtaining payment thereof shall
able to and paid by the Purchaser together with interest at the rates provided herein on any unpaid balance from the date of default until full payment has been made.,Seller
reserves the right previous to making any shipments to require from Purchaser satisfactory security for performance of Purchaser's obligations. No failure of Seller to scar•
cise any right accruing from any default of Purchaser shall impair Sellers right in case of any subsequent default-of Purchaser.
2. All quotations and sales are F.O.B. point of shipment unless otherwise expressly stipulated and are based on freight rates in effect at time of shipment. It is expressly under-
stood in case of advance nr decline in freight rates between date quotation is made and date on which shipment is made, that Purchaser will be charged or credited accord-
ingly. Cash discount applies only•on value of material; freight and labor charges are not subject to cash discount. All quotations and sales prices shall be adjusted to give
effect to escalation charges at time of delivery.
i. Shipments of materials covered by this quotation shall be made as close to the estimated shipping date as possible. While every effort is made to maintain schedules Seller is
not liable for damages, (direct, indirect, incidental or consequential), or otherwise on account of delays. All statements as to shipments are subject to prompt receipt by
Seller of full information and the prompt approval by Purchaser of all drawings when so required.
4. Seller's responsibility ceases upon delivery of shipments to carriers and purchasers are warned against receipting for them until careful inspection has been made. Where
Seller agrees for Purchaser to inspect goods, the inspection and acceptance must be made before shipment unless otherwise stipulated in writing.
Seller agrees to assist Purchaser with claims against carriers for loss or damage in transit. If damage or shortage is detected, a descriptive notation must be placed on the
delivery receipt which is to be signed by both the carrier and receiver. The failure to note loss or damage on carrier's receipt at time of delivery constitutes an expression on
the part of the Purchaser that the goods were received in satisfactory condition. A clear receipt normally destroys any legal action against the carrier or shipper.
If the receiver is unable to thoroughly examine a shipment at time of delivery, a conditional receipt should be given the carrier reading as follows:
"This shipment is accepted subject to later inspection and count." When such a receipt is given to the carrier the shipment must be examined within ten (10) days
and thereafter any loss or damage reported at that time to carrier and shipper. When a concealed damage is discovered, it is to be reported immediately to the delivery carrier
and shipper.
Since responsibility for the materials sold hereunder passes to Purchaser upon delivery to the carrier, all claims for loss or damage in transit should be filed by Purchaser
directly with the carrier. A Copy of the claim, accompanied by a freight bill (or delivery receipt) bearing the freight agenf's endorsement and notification of the loss nr
damage, must he delivered to Seller within ten (10) days after delivery of materials to Purchaser. Any claim other than claims for loss or damage in transit shall be re-
ported in writing to Seller at its home office within ten (10) days after receipt of the shipment. Purchaser expressly waives all claims not so reported.
5. The Seller only warrants new products manufactured and sold by it against its own defective workmanship and material under normal and proper use in service for ninety
190) days from date of delivery iexcept for any special warranty period which might be applicable either as set forth in its catalog or as made a part of this Quotation)
and only when subjected to operating conditions outlined by Purchaser when order is placed and only when owned by the original Purchaser. EXCEPT THAT:
(a) SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS (PROCESS-WISE. MECHANICALLY OR OTHERWISE) AND NO WARRANTIES
WHICH EXTEND BEYOND THOSE SPECIFICALLY SET FORTH HEREIN. AND NONE SHALL BE IMPLIED BY LAW.
(b) Seller's liability for damages caused by Seller's defective workmanship or material shall be limited to repairing or replacing the defective part or parts and no al-
lowance shall be granted for repairs or alterations made without Seller's prior written consent. The decision to repair or replace shall be at Seller's elction and shall
be done in conformance with the Sales and Service Terms and Conditions specifically set forth herein and in its catalogs.
(c) Sel er's warranty does not apply to sales of used equipment. to work over or repair work, parts requiring replacement because of natural wear and tear, nor to
products, accessories, parts or attachments which were not manufactured by Seller except for the warranty given by the actual manufacturer and then only to the extent
that such warranty is enforceable by Seller.
(d) In any instance in which by Seller's quotation it has specifically given a mechanical and/or process warranty, absent any specially agreed period of time in ow
quotation such warranty shall only extend for thirty (30) days after installation or sixty (60) days after delivery of goods to the Purchaser, or completion of the
first acceptance test, whichever period of time is shorter. It shall be the Purchaser's responsibility to furnish Seller maximum quoted design conditions for acceptance
testing of the process within the applicable warranty time period. Should the Purchaser fail to do so for any reason whatsoever, then it is deemed that Purchaser ac-
cepts the goods as satisfying the warranty requirements.
6. THE SELLER'S LIABILITY FOR DAMAGES. REGARDLESS OF WHAT THE CAUSE THEREOF MAY BE, SHALL BE LIMITED TO THE REPAIR OR REPLACE•
MENT OF THE DEFECTIVE PART OR PARTS OR EQUIPMENT. In no event shall the Seller be liable for delays, curtailment of plant operations, process failure. loss
of profits, costs for removing any parts or equipment to be repaired or replaced, transportation and installation charges in connection with the repair, replacement or servic-
ing of any parts or equipment. Seller shall in no event be responsible for loss or damage to property left with Seller for repair, work-over or assembling. whether such loss
or damage be caused by fire, wind, water, theft, accident or any other cause beyond Seller's control. NOR SHAI.L THE SELLER BE LIABLE FOR ANY OTHER IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE DUE TO ANY CAUSE WHATSOEVER. Any drawings and general information fur-
nished as an aid in the installation or erection of materials sold are furnished gratis and form no part of this agreement. Such drawings must not be used until checked and
approved. Any drawings prepared and furnished for use in manufacturing goods in the plant shall become part of this agreement.
7. No federal, state, foreign or local sales, excise, use or other taxes are included in this agreement unless specifically mentioned herein. Purchaser agrees to assume and pay any
taxes that may be imposed with respect to this contract and any price increase in this quotation resulting therefrom.
8. Only materials and/or labor specifically noted are included in this quotation.
9. Seller shall not be liable for loss, damage, delay or failure of delivery resulting from Acts of God, strikes, riot or civil commotion, inability to obtain materials. casualties, so•
spension of plant operations, action of governmental bodies, delays in transportation, or any other causes beyond its control. NOR SHALL SELLER BE LIABLE FOR IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL. DAMAGE FOR ANY CAUSE WHATSOEVER.
10. Orders for specially constructed equipment cannot be canceled or changed under any circumstances without Seller's consent. In the event of cancellation by the Purchaser of
an order for specially constructed equipment with Seller's consent- the Purchaser agrees to reimburse the Seller for its costs incurred plus 10'; of said costs. By definition.
costs in such instance shall include but not be limited to the Seller's actual costs incurred for labor, materials. manufacturing- engineering, office administration. legal. re-
stocking and such work hours as may be added to the cost of shop operations nr lost in giving effect to the rescheduling required to replace the canceled order. A minimum
of IV; cancellation and re-stocking charge shall be made on all orders of goods which are canceled as an agreed upon reasonable minimum charge for liquidated damages.
it being recognized and agreed that it is extremely difficult to determine the actual damages.
It. All orders will he accepted only under the provisions herein set forth. It is agreed that upon acceptance by the Seller only this document, the terms and conditions for sales
and services as set forth in our catalogues. and such other instruments as may he incorporated herein by specific reference shall constitute the entire agreement between the
parties. Subject to the proviso herein contained in paragraph five (Si, should there he any conflict on any matters between the terms and conditions as set forth herein and
those contained in our catalogues or any instrument incorporated herein by reference. this document shall prevail. It is further agreed that no changes may be made unless
specifically authorized in writing by an authorized officer of Seller at its home office. When this quotation is based upon information and specifications furnished us by
Purchaser, any deviation therefrom will be subject to extra charges.
12. Due to our lack of control of the quality of available coating materials and due to the lack of control of the characteristics of the use and the elements involved. Seller
guarantees only to apply coatings in accordance with practices and standards recommended by the manufacturers of the coating material. We invite shop inspection during
the application or after it is completed, but prior to shipment from our Plants. Our guarantee covers the proper application only when corrected prior to shipment from our
Plants and does not cover loss of contents or loss due to corrosion or for indirect or consequential damages of any Lind.
13. Seller shall have no responsibility for patent infringement for the manufacture, use or sale of the products herein which are considered as the design or specification of
Purchaser or any other third party. nor shall Seller have responsibility for the-structural design or the operating performance of products manufactured according to designs
and specifications of the Purchaser, or any other third party, including shop draw cogs made by Seller and approved by the Purchaser which shop drawings shall be con-
sidered as part of the Purchaser's design and specification. Responsibility for the products as hereinabove referred to in this paragraph shall he borne by the Purchaser who
agrees to hold the Seller harmless from any liability in connection therewith. Seller shall have no responsibility for patent infringement of equipment sold by it which i*
manufactured by others. Seller shall have no responsibility for information. drawings, or other matters submitted by Purchaser to Seller as trade secrets or confidential
proprietary information unless expressly set forth in a written and separate agreement between Purchaser and Seller.
14. All payments unless otherwise specified, shall be in U.S. Dollars and all money exchange rate charges, duties, taxes and like charges not specifically included on the face
of the quotation shall he paid by Purchaser.
Is. It is agreed that the law of the State of Oklahoma. not including choice of law rules, shall govern all the rights and duties of the Purchaser and Seller and any other ques-
tion relating to this agreement.
16. If the user of the equipment and materials covered by this quotation is not the Purchaser, said Purchaser shall furnish the user with a copy of Seller's terms and conditions
of sale along with any special installation and operational instructions which it may receive from the Seller. Purchaser agrees to indemnify and hold Seller harmless for
any and all loss, damage and/or expense which may at any time he sustained by the Seller by reason of any claims by the user against which the Seller would have a
partial or total legal defense had notice of Seller's terms and conditions of sale or special installation or operational instructions been made available by the Purchaser to
the user.
17. Without in any way limiting any other indemnity provisions contained in the standard terms and conditions of sales, Purchaser agrees to indemnify and hold Seller harm-
less from and against all liability, loss, cost, damage and/or expense caused by. arising from or incidental to any pollution by oil or gas discharge or spillage. Such in-
demnity and hold harmless agreement shall include but not be limited to any liability to or action by the United States Government. the separate States or third parties under
all applicable Federal and State laws and governmental orders, rules and regulations relating to pollution, including specifically (but without limitation) the United States
Water Quality Improvement Act of 1970.
IR. .Seller certifies that all materials and workmanship provided under this order will be manufactured in compliance with all applicable laws, rules, regulations. orders. codes
•and ordinances of the governing bodies having jurisdiction, 'whether federal, state or local, including but not limited to-the Fair Labor Standards Act and the Equal Em-
ployment Opportunity clause in Section 202 of Executive Order 11246 and all amendments thereto.
' IVIALONEY - CRAWFORD TANK CORPORATION
5322 Gulfton Drive • P. 0. Box 7827 • Houston.Texas 77007 • Phone (713)667-9353 • Home Office: 38 No. Peoria,Tulsa, Okla. 74101
O O " O (� n QUOTATION NO. BTQ 657-75
U\\vl I DATE September 15, 1975
TERMS
CITY OF PEARLAND, TEXAS (CITY HALL) YOUR REFERENCE:
Page 3
•
PRICES ARE FIRM BASED ON RECEIVING CUSTOMER PURCHASE ORDER ON OR BEFORE
OCT. 15, 1975, AND FOLLOWING CONDITIONS:
1. Knocked Down Tank Price will be invoiced at time customer is notified
tank is ready to ship. Terms of Payment to be 1/2% 15 days , net 30 days.
2. If erection is included in price, and customer accepts erection with-in
sixty days after notification tank is ready to ship, then no escalation
will apply to erection price, and erection price will be invoiced after
erection is completed. Payment terms to be 1/2% 15 days, .net 30 days.
3. If tank not erected with-in sixty days after notification, then the
following escalation method will apply:
FIELD ERECTION LABOR (Where Applicable)
A. Charges for beginning field erection labor shall be 18%
of the total quoted price. Beginning field erection labor
price will be based on the labor rate charges in effect during
the period of preparation of this quotation. Any increase in
these labor rate charges subsequent to that time will be
borne by the Purchaser. The final field erection labor price
will be based on the labor rate charges in effect at the
times work is performed on the job.
B. The difference between the final field erection labor price
and the beginning field erection labor price will be the
base escalated cost for field erection labor.
C. The sum of escalated costs as determined above shall be
multiplied by a factor 1.00. The resulting sum shall be total
escalation charge to be invoiced. (including all increases in
general administrative expenses, engineering expenses, etc.)
•
By t - _ t 1�\--AC 1 S ,
W.A. Obenh aus(::4)
t9A0/SH/sh • Parkersburg
p/LZi7 JtC7•=tea• Form HS-01-B
114
STANDARD TERMS AND CONDITIONS OF SALE ' ' '
These'clauses are a part of the quotation on the reverse side of this sheet: •
•
I.—This quotation and these terms and conditions are made in good faith but it is understood they are not binding upon and may be withdrawn by either party until formally
accepted in the space provided by an authorized officer of Seller at its home office in Tulsa, Oklahoma. Any acceptance is subject tp the Purchaser establishing and main-
taining credit satisfactory to Seller. If Purchaser fails to fulfill the terms of payment, Seller may defer further shipments, or may at its option cancel the unshipped balance.
All costs and expenses. including attorneys fees. incurred by the Seller in enforcing the terms and conditions of this agreement ,or obtaining payment thereof shall be,charge+
able to and paid by the Purchaser together with interest at the rates provided herein on any unpaid balance from the date of default until full payment has been made. Seller
reserves the right previous to making any shipment& to require from Purchaser satisfactory security for performance of Purchaser's obligations. No failure of Seller to exer-
cise any right accruing arum any default of Purchaser shall impair Seller's right in case of any subsequent default of Purchaser.
2. All quotations and sales are F.O.B. point of shipment unless otherwise expressly stipulated and are based on freight rates in effect at time of shipment. It is expressly under-
stood in case of advance or decline in freight rates between date quotation is made and date on which shipment is made, that Purchaser will he charged or credited accord•
ingly. Cash discount applies only on value of material; freight and labor charges are not subject to cash discount. All quotations and sales prices shall he adjusted to give
effect to escalation charges at time of delivery.
3. Shipments of materials covered by this quotation shall be made as close to the estimated shipping date as possible. While every effort is made to maintain schedules Seller is
not liable for damages. (direct, indirect, incidental or consequential), or otherwise on account of delays. All statements as to shipments are subject to prompt receipt by
Seller of full information and the prompt approval by Purchaser of all drawings when sn required.
4. Seller's responsibility ceases upon delivery of shipments to carriers and purchasers are warned against receipting for them until careful inspection has been made. Where
Seller agrees for Purchaser to inspect goods, the inspection and acceptance must be made before shipment unless otherwise stipulated in writing.
Seller agrees to assist Purchaser with claims against carriers for loss or damage in transit. If damage or shortage is detected, a descriptive notation must be placed on the
delivery receipt which is to be signed by both the carrier and receiver. The failure to note loss or damage on carrier's receipt at time of delivery constitutes an expression on
the part of the Purchaser that the goods were received in satisfactory condition. A clear receipt normally destroys any legal action against the carrier or shipper.
If the receiver is unable to thoroughly examine a shipment at time of delivery, a conditional receipt should be given the carrier reading as follows:
"This shipment is accepted subject to later inspection and count." When such a receipt is given to the carrier the shipment must be examined within ten (10) days
and thereafter any loss or damage reported at that time to carrier and shipper. When. a concealed damage is discovered, it is to he reported immediately to the delivery carrier
and shipper.
Since responsibility for the materials sold hereunder passes to Purchaser upon delivery to the carrier, all claims for loss or damage in transit should be filed by Purchaser
directly with the carrier. A Copy of the claim, accompanied by a freight bill (or delivery receipt) bearing the freight agent's endorsement and notification of the loss or
damage, must he delivered to Seller within ten (10) days after delivery of materials to Purchaser. Any claim other than claims for loss or damage in transit shall be re-
ported in writing to Seller at its home office within ten (10) days after receipt of the shipment. Purchaser expressly waives all claims not so reported.
S. The Seller only warrants new products manufactured and sold by it against its own defective workmanship and material under normal and proper use in service for ninety
190) days from date of delivery (except for any special warranty period which might be applicable either as set forth in its catalog or as made a part of this Quotation)
and only when subjected to operating conditions outlined by Purchaser when order is placed and only when owned by the original Purchaser. EXCEPT THAT:
(a) SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS (PROCESS-WISE, MECHANICALLY OR OTHERWISE) AND NO WARRANTIES
WHICH EXTEND BEYOND THOSE SPECIFICALLY SET FORTH HEREIN. AND NONE SHALL BE IMPLIED BY LAW.
(b) Seller's liability for damages caused by Seller's defective workmanship or material shall be limited to repairingor replacing the defective part or parts and no al.
luwance shall be granted for repairs or alterations made without Seller's pri or written consent. The decision to repair or replace shall be at Seller's elction and shall
be done in conformance with the Sales and Service Terms and Conditions specifically set forth herein and in its catalogs.
(c) Seller's warranty does not apply to sales of used equipment, to work over or repair work, parts requiring replacement because of natural wear and tear, nor to
• products, accessories, parts or attachments which were not manufactured by Seller except for the warranty given by the actual manufacturer and then only to the extent
that such warranty is enforceable by Seller.
(d) In any instance in which by Seller's quotation it has specifically given a mechanical and/or process warranty, absent any specially agreed period of time in our
quotation such warranty shall only extend for thirty (30) days after installation or sixty (601 days after delivery of goods to the Purchaser, or completion of the
first acceptance test. whichever period of time is shorter. It shall be the Purchaser's responsibility to furnish Seller maximum quoted design conditions for acceptance
testing of the process within the applicable warranty time period. Should the Purchaser fail to do so for any reason whatsoever, then it is deemed that Purchaser ac-
cepts the goods as satisfying the warranty requirements.
6, THE SELLER'S LIABILITY FOR DAMAGES, REGARDLESS OF WHAT THE CAUSE THEREOF MAY BE, SHALL BE LIMITED TO THE REPAIR OR REPLACE-
MENT OF THE DEFECTIVE PART OR PARTS OR EQUIPMENT. In no event shall the Seller be liable for delays, curtailment of plant operations, process failure. loss
of profits, costs for removing any parts or equipment to be repaired or replaced, transportation and installation charges in connection with the repair. replacement or servic-
ing of any parts or equipment. Seller shall in no event be responsible for loss or damage to property left with Seller for repair, work-over or assembling, whether such loss
or damage be caused by fire, wind. water, theft, accident or any other cause beyond Seller's control. NOR SHALL THE SELLER BE LIABLE FOR ANY OTHER IN-
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE DUE TO ANY CAUSE WHATSOEVER. Any drawings and general information fur-
nished as an aid in the installation or erection of materials sold are furnished gratis and form no part of this agreement. Such drawings must not be used until checked and
approved. Any drawings prepared and furnished for use in manufacturing goods in the plant shall-become part of this agreement.
7. No federal, state, foreign or local sales, excise, use or other taxes are included in this agreement unless specifically mentioned herein. Purchaser agrees to assume and pay any
taxes that may be imposed with respect to this contract and any price increase in this quotation resulting therefrom.
8. Only materials and/or labor specifically noted are included in this quotation.
9. Seller shall not be liable for loss, damage, delay or failure of delivery resulting from Acts of God, strikes, riot or civil commotion, inability to obtain materials. casualties. su•
spension of plant operations, action of governmental bodies. delays in transportation, or any other causes beyond its control. NOR SHALL SELLER BE LIABLE FOR IN-
DIRECT. INCIDENTAL OR CONSEQUENTIAL DAMAGE FOR ANY CAUSE WHATSOEVER.
10. Orders for specially constructed equipment cannot be canceled or changed under any circumstances without Seller's consent. In the event of cancellation by the Purchaser of
an order for specially constructed equipment with Seller's consent. the Purchaser agrees to reimburse the Seller for its costs incurred plus 10'; of said costs. By definition,
costs in such instance shall include but not be limited to the Seller's actual costs incurred for labor. materials, manufacturing, engineering, office administration- legal. re-
stocking and such work hours as may be added to the cost of shop operations or lost in giving effect to the rescheduling required to replace the canceled order. A minimum
of IS'' cancellation and re-stocking charge shall be made on all orders of goods which are canceled as an agreed upon reasonable minimum charge for liquidated damages.
it being recognized and agreed that it is extremely difficult to determine the actual damages.
11. All orders will he accepted only under the provisions herein set forth. It is agreed that upon acceptance by the Seller only this document, the terms and conditions for sales
and services as set forth in our catalogues, and such other instruments as may be incorporated herein by specific reference shall constitute the entire agreement between the
parties. Subject to the proviso herein contained in paragraph five (S). should there he any conflict on any matters between the terms and conditions as set forth herein and
those contained in our catalogues or any instrument incorporated herein by reference. this document shall prevail. It is further agreed that no changes may be made unless
specifically authorized in writing by an authorized officer of Seller at its home off ice. \Vhen this quotation is based upon information and specifications furnished us by
Purchaser. any deviation therefrom will be subject to extra charges.
12. Due to our lack of control of the quality of available coating materials and due to the lack of control of the characteristics of the use and the elements involved. Seller
guarantees only to apply coatings in accordance with practices and standards recommended by the manufacturers of the coating material. We invite shop inspection during
the application or after it is completed, but prior to shipment from our Plants. Our guarantee covers the proper application only when corrected prior to shipment from our
Plants and does not cover loss of contents or loss due to corrosion or for indirect or consequential damages of any kind.
13. Seller shall have no responsibility for patent infringement for the manufacture. use or sale of the products herein which arc considered as the design or specification of
Purchaser or any other third party, nor shall Seller have responsibility for the structural design or the operating performance of products manufactured according to design.-
and specifications of the Purchaser, or any other third party, including shop drawings made by Seller and approved by the Purchaser which shop drawings shall be con-
sidered as part of the Purchaser's design and specification. Responsibility for the products as hereinabove referred to in this paragraph shall he borne by the Purchaser wh
agrees to hold the Seller harmless from any liability in connection therewith. Seller shall have no responsibility for patent infringement of equipment sold by it which is
manufactured by others. Seller shall have no responsibility for information. drawings. or other matters submitted by Purchaser to Seller as trade secrets or confidential
proprietary information unless expressly set forth in a w ritten and separate agreement between Purchaser and Seller.
14, All payments unless otherwise specified, shall be in U.S. Dollars and all money exchange rate charges. duties, taxes and like charges not specifically included on the face
of the quotation shall he paid by Purchaser.
Is. It is agreed that the law of the State of Oklahoma, not including choice of law rules, shall govern all the rights and duties of the Purchaser and Seller and any other ques-
tion relating to this agreement.
16. If the user of the equipment and materials covered by this quotation is not the Purchaser, said Purchaser shall furnish the user with a copy of Seller's terms and conditions
of sale along with any special installation and operational instructions which it may receive from the Seller. Purchaser agrees to indemnify and hold Seller harmless for
any and all loss, damage and/or expense which may at any time be sustained by the Seller by reason of any claims by the user against which the Seller would have a
partial or total legal defense had notice of Seller's terms and conditions of sale or special installation or operational instructions been made available by the Purchaser to
the user.
17. Without in any way limiting any other indemnity provisions contained in the standard terms and conditions of sales. Purchaser agrees to indemnify and hold Seller harm-
less from and against all liability, loss, cost. damage and/or expense caused by. arising from or incidental to any pollution by oil or gas discharge or spillage. Such in-
demnity and hold harmless agreement shall include but not be limited to any liability to or action by the United States Government, the separate States or third parties under
all applicable Federal and State laws and governmental orders, rules and regulations relating to pollution, including specifically (but without limitation) the United States
Water Quality Improvement Act of 1970.
IR, Seller certifies that all materials and workmanship provided under this.order will be manufactured in compliance with all applicable laws, rules, regulations, orders, codes
and ordinances of the governing bodies having jurisdiction, whether federal, state or local, including but not limited to the.Fair Labor Standards Act and the Equal Em-
ployment Opportunity clause in Section 202 of Executive Order 11246 and all amendments thereto,
State of CALIFORNIA
/ County of SAN FRANdISM:
On September 16, 1975 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared JOHN W. CRAIG
known to me to be Attorney-in-Fact of The American Insurance Company
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
'the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
pmeinwnnuuarNasunennnnnnnnumanO
ROSEMARY A. BARDI
67
My Commission Expires j NOTARY • 11 - •• NIA
'iF ' CITY & COUNTY OF SAN FRANCISCO otary Public
M360212-6-66 Bnrinnrrrrnr C Mara 14,1976 2
uumMwuuwuNwnuuw
THE AMERICAN INSURANCE COMPANY
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That We, TRICO SUPERIOR, INCORPORATED
(hereinafter called the principal), as principal, and THE AMERICAN INSURANCE COMPANY, a corporation organized and doing
business under and by virtue of the laws of the State of New Jersey, and duly licensed for the purpose of making, guaranteeing or
becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California
as Surety, are held and firmly bound unto City of Pearland, Texas (hereinafter called the Obligee)
in the just and full sum of Forty Three Thousand Five Hundred Eleven
Dollars ($ 43,511. 00 ) lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand
in and submit to the obligee a bid or proposal for the fabrication and erection of one (1) 10,000 bbl. , three ring
cone deck galvanized Bolted Steel Tank.
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal
thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required
by law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
•
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 16th
t' day of September , 19 75
TRICO SUPERIOR INC.
•
R. nders
T E MERICAN INSURANCE COMPANY
4L.J
Attorney-in-Fact
JOHN W. RAIG
360277—(TA)—11-66 •
af
FIREMAN'S
FUND
AMERICAN
INSURANCE COMPANIES
BID OR PROPOSAL BOND
ON BEHALF OF
IN FAVOR OF
Home Office: San Francisco
corm
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41-417FL
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-at? (0£) Axp ;o par a :tog an- os33e uTsmal
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Quotation:
Quotation No. 75SQ-9-22
Date September 16,1975
"TRICO SUPERIOR,INC.
a Trico Industries Company Terms Net 15 days
Post Office Box 22200
Los Angeles,California 90022 Subject to prior sale
(213) 773-8611
City of Pearland, Texas
P.O. Box 1157
Pearland, Texas 77581
Attention: City Clerk
Reference: 10,000 Bbl, 3-Ring, Cone Deck, Galvanized API Tank
for City of Pearland, Texas, Bid No. 75-8
Built to Pearland Specifications
Gentlemen:
We are pleased to offer the following quotation for your consideration:
One (1) 10,000 Bbl, 3-ring, cone deck, galvanized, boltcd steel
tank, Clete with the following appurtenaces:
1. One (1) set tar paper
2. One (1) set 1/2" asphalt sheet for outside bottan
circumference.
3. One (1) outside vertical ladder with cage - OSHA
4. One (1) inside vertical ladaPr
5. One (1) 24" x 24" hinged, square deck hatch with
locking device.
6. 24" x 48" flush type doghouse manhole with two
piece cover.
7. One (1) 8" screened ml>shroan vent
8. One (1) 8" screened overflow with flap valve
9. Three (3) 8" bolted tank nozzles with 150# flanges
10. Two (2) 1/2" side tank connections
11. One (1) 3" hillside deck fitting
The above tank includes all bolts, nuts, gaskets and washers
and all internal structure to completely erect tank on
customer's accessible, level prepared grade.
Approximate weight - 76,400#
Selling price, erectPA on site at Pearland, Texas---$43,511.00
If we are awarded this job, we will supply a Building Bond, Performance
Bond and a Warranty Bond as required.
Page 1. Continued on Page 2.
"Superior Products buy TRICO SUPERIOR"
Plant Location: 8420 South Atlantic Avenue,Cudahy,California 90201
CONDITIONS
I. All Quotations expire sixty Shirt d ty s from the date of quotation Articles brat are not of our manufacture that arc part of our sale arc
unless otherwise stated, warranted only as the manufacturers give us and that we are able to
2. Price Changes: rrepoec. tter liability for damages caused by defective labor or material
(a) On Purchase Orders: shall be limited to replacing or repairing the defective parts or part.No
(I! A change downward will result in a reduaiun in price in the 3itowance will be granted for repairs or corrections made by the
extent of the reduction for all goods not delivered at lime of purchases without our, the sellers,written consent.No liability will be
change. assumed for indirect or consequential damages of any nature, or to
,2) A change upward does not attec't the Purrletse order note,, an% cause.
the purchaser does not accept derive:y until nu:e,ty (90)days I I External or internal coatings are warranted only as to application of
from date of Purchase Order or date ge ids are ready for c.:ati:;cs t r accordance with procedures and standards stated by the
delivery, whichever is later. coating manufacturers-This is due to the lack of control of the quality
(b) On Outstanding Quotation:: al re si.<,g miter 'tls and due to the lack of control of the type of use
(l) A .hinge downward wall affect outstanding quotations to rht and i-i i.arts involved. We ask your inspection during application or
amount of the reduction. alter appli it rut, but before use. If, after inspection, the coating is
(2) A change upward cancels ;nil outstanding quotations, or pa:.t bct+t s st,ref, its. we H ill bring coating up to standard. We,the seller,
affected. tuataitic: :.farit.ation only and will not cover loss of contents or loss
3. Freight Terms as Stated on Quotations: due to ,.:r, i,at or for consequential damages whatever they may be.
(a) F.O,B. "!'ruck: This means that the equipment is tree-ou-boaid 12 lases o ht.It .r. imposed by present or future laws and which must be
conveyance at accessible normal locations. but does not include par.f Ly tra write to any government whether it be foreign, federal.
unloading or any other charges that may be incurred by unloading. state, of municipal upon the sale,production,or transportation of the
(h) F.O.B. Car., Railsiding Destination. I his means equipment is tree artit c,involved shall he added to the price as quoted.
on-hoard rail car at the closest railsiding to customer location No 13, Estimated freight quotations will be supported by actual freight costs
unloading charges are included. Demurrage,or other charges, will when invoiced
be for customer's account. 14. Delivery dates ate estimates only and arc based on actual conditions at
(c) E.0,13. Plant. This means that title passes at plant di iii Freight tune et quotation, The seller cannot be held liable for damages or
charges customer's account. otherwise ton delay or failure ni delivery.When order calls for drawing
(d) F.O.B. Los Angeles, California - l'teight Allowed to Railsiding approval;del very will he bai upon date of approval.
Destination: Means that the equipment is sold f.o.b.Los Angeles. 15. Storage charges. which arc .mused by customer delays in ability to
California and the price includes 'the rail freight charges receive equipment ordered upon notification of shipping date after 30
to the nearest raitsiding to the specified location. Title of the days has elapsed, will he charged at the rate of 5`.{of value per annum
material sold will then pass to the customer at the time car is plus charge for any special h:indtine. All storage will be at customer's
accepted by the rail carrier. risk for loss, damage.or deterioration as no insurance is provided. If
(c) F.O.B. Los Angeles,California - Freight Allowed to Location via (rico Superior does not hare spa— av-au.'hle, the customer will be
Truck: Means that the material is sold f.o h. 1 us Angeles, notified so as to arrange '.;tit(x storage space to be char_ed the
California and price Co CIS loading on truck and freight charges to customer's account.
location. Title passes to customer for material sold at time int,:k 16. Prices as quoted are based on receivrt a orders tors the quantity stated
is loaded anti accepted by carrier, on quotations.
to Furnished and Erected: This generally applies to bolted or welded 17. In accordance with the ASMF Code, all x-ray rho shall remain our
tanks and means that Trico Superior will provide transportation property and stay on the plant premises; however. these films will he
and equipment to unload and erect the tanks at a normal location, available for customer's inspection or their accredited representative.
unless otherwise stated. 18. We shall have no responsibility for patent infringements, design or
(g) F.A.S : Means freight alongside ship. Material sold F.A.S. certain performance of products that we submit a quotation on that are
port means that prices quoted include transportation to port, lift according to designs and specifications of others whether it be of our
charges, wharfage charges,and other port charges that arc incurred manufacture'or a third parties manufacture that is incorporated in our
in the time that the material arrives at the port and the time that overall sales order.
it is delivered alongside ship that is to he loaded. 19, Material or equipment that is not stocked will be ordered upon receipt
(h) F.O.B. Port: This means that the material will be delivered to the of Purchase Order unless specified that it be ordered after receipt of
port specified free-on-board. Equipment sold f.o.b. port includes drawing approval,
transportation to the port specified only and other charges incurred 20. All charges,,unless stated otherwise, shall be in dollars of the United
will be against the customer's account. States.All money exchange rate charges,duties,taxes,and like charges
(i) All carriers of freight assumed by Trico Superior's account will be not specifically included on face of the charge shall be included.
at Trico Superior's selection, 21. Packaged; skid mounted, or prefabricated assemblies shall be put
4. Free Accessibility: All quotations assume free accessibility and con- together to the extent practicable or possible.Where assembly cannot
tinuous use for our crews to job location. All extra charges incurred be done to completion, these connections will be left undone for field
because of the lack ut free accessibility or continuous use will he welding or completion. Disassembly will be accomplished prior to
extra and added to customer's account. Prevention of accessibility by shipping to the extent necessary for transport.All field reassembly and
third parties cans.els quotation. welding necessary to place equipment in operation shall be done at
5. Delivered Quotations: Some,but not all,quotations are priced"f.o.b. customer's expense.
normal location." Not mil location is expected to be one which is an 22. Beyond the continental limits of the United States,the buyer shall be
accessible or standard. customary,and regular land location. Unusual held responsible for and pay :ill costs,fees,and licenses occasioned by
charges would he added and passed on to the customer',account with any law,order, rule, or regulation relative to inspection of material or
an invoice, labor sold.An example--boiler,electrical,or other.
6. Invoice Date. 1\ill be the earliest date after jot: co,: pletion that good 23. The term Force Majeure shall apply to delivery and completion dates
accounting practices and procedures permit. including penalty clauses,if any..
7. Terms: The terms of payment arc net 15 days from date of invoice. 24. A quotation cannot be charged rr aired by arty verbal agreement and
8. Past Due \eeounts: Wilt be charged at the rare of 81, per annum. all orders will he.i;',epied undo pir,visiton s,et fc,th.
9. If (he .ihuve condo i cis are nor met, our Credit Department will he 25. Orders l'or specially constructed equipment cannot be cancelled unless
obligated to pursue to s„ristartory settlement. proper settlement charges arc agreed upon in writing to the satisfaction
10. The seller auuranrces equipment sips:ire lcrecrive material and labor of the seller
for ,are scar front invoice der', pnis'r:f:d under ownership of original 26, Our agreements are contingent upon, and subject to, cancellation is
purchaser Repair, necessary because of defective labor or material the event of 6trrkcs, fires, suspension of plant operations, riots,
nest be ;-o:i ie at point zrerrs,,Ii!. t;, the scilei,particularly when and accidents. development pit wen conditions affecting manufacturing
rf cgarpnt;r' has been located ctv,'„I our ht,f;'. Cicrpiion is taken operations, actions of govcrnntcnu.,l tr,odies, and other conditions
to certain; specific p;nducts hr,'' tertuue a inure limited guarantee. beyond our control.
SUBJECT TO CHANGE WITi/OU7' NOTICE
City of Pearland, Texas
75SQ-9-22
Page 2.
September 16,1975
The price quoted herein is exclusive of any applicable taxes and will
remain effective for a period of thirty (30) days.
Thank you for this opportunity to quote on your requirements. If we can
be of any further service, please do not hesitate to contact us.
Very truly yours,
Wa Raber
Yn
TRICO SUPERIOR, INC.
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Quotation:
Quotation No. 75SQ-9-22
Date
TRICOSUPERIOR,INC. SepteMber
16,1975
a Trico Industries Company Terms
Net 15 days
Post Office Box 22200
Los Angeles,California 90022 Subject to prior sale
(213)773-8611
City of Pearland, Texas
P.O. Box 1157
Pentland, Texas 77581
Attention: City Clerk
Reference: 10,000 Bbl, 3-Ring, Core Dec*, Galvanized API Tank
for City of Pear1and, Texas, Bid No. 75-8
Built to Pearland Specifications
Gentlemen:
Wle are pleased to offer the following quotation for your consideration:
One (1) 10,000 Bbl, 3-ring, cove deck, galvanized, bolted steel
tank, complete with the following appurtenaces:
1. One (1) set tar paper
2. One (1) set 1/2" asphalt sheet for outside bottom
circumference.
3. One (1) outside vertical ladder with cage - C6BA
4. One (1) inside vertical bidden"
5. Otne (1) 24" x la" hinged, square deck hatch with
locking device.
6. 24" x 48" flush type doghouse manhole with two
piece cover.
7. One (1) 8" screened mushroow vent
8. One (1) 8" screened overflow with flap valve
9. Three (3) 8" bolted tank nozzles with 150# flanges
10. Two (2) 1/2" side tank connections
11. One (1) 3" hillside deck fitting
Me above tank includes all bolts, nuts, gaskets and washers
and all internal structure to completely erect tank on
customer's accessible, level prepared grade.
Approximate weight - 76,400#
Selling price, erected on site at Pearlarxi, Texas---$43,511.00
If we are awarded this job, we will supply a Building Bond, Perfannarz a
Bond and a Warranty Hound .as required.
Page 1. Continued on Page 2.
"Superior Products buy TRICO SUPERIOR"
Plant Location, 8420 South Atlantic Avenue,Cudahy,California 90201
Air
September 23, 1975
Maloney-Crawford Tank Corporation
P. O. Box 659
Tulsa, Oklahoma 74101
Re: Bid No. 75-8
Gentlemen:
The City Council, in a regular meeting held on September 22,
1975, awarded Bid No. 75-8 to Smith Industries, Inc. of Houston,
Texas, as the lowest and best bid.
The following submitted bids for consideration:
Smith Industries, Inc. $ 39,233.00
Maloney-Crawford 44,508.00
Estimated Freight 1,172.00
Trico Superior, Inc. 43,511.00
We wish to thank your company for submitting a hid for
consideration by the Council.
Yours very truly,
Dorothy L. Cook
City Secretary
dlc
CITY OF PEARLAND , TEXAS
BID NO. 75-8
ONE NEW 10 , 000 BARREL GALVANIZED, BOLTED , SIbEEL GROUND STORAGE WATER TANK
VENDOR AMOUNT TERMS WARRANTY CONSTRUCTION TIME
FOB PEARLAND
•Pze-r- .3e 441 •.0_Ade...)
SMITH INDUSTRIES, INC. vtr if, •I 3 3, _ /44.A.444,44 a `F
MALONEY-CRAWFORD T A 6 W _
7 7..P t
/
qtrie,
TRICO SUPERIOR, INC. / /}
4
BID OPENING : Sept. 22 , 1975
AWARDED TO :
Auk
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
Lam,
Dorothy L. Cook City Secretary
ask
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
Dorothy L. CookAity Secretary
/► .uk
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
Dorothy L. Cook ity Secretary
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
Dorothy L. Cook ity Secretary
Aft&
NOTICES ON BID NO. 75-8 MAILED TO THE FOLLOWING:
ASSOCIATED TANK COMPANY
Post Office Box 653
Pearland, Texas 77581
Attn: Mack Gilbert
MALONEY-CRAWFORD INC.
Post Office Box 12757
Houston, Texas 77017
Attn: Mr. Smith
MR. WAYNE REBER
1951 Ojeman
Apartment No. 2
Phone No. 461-3773
Houston, Texas 77055
SMITH INDUSTRIES INC.
Post Office Box 7398
Houston, Texas 77008
Attn: Mr. Al Morocko
r Aar
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
•
Dorothy L. Cook ity Secretary
MEL
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
Dorothy L. Cook r ity Secretary
Ad
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
T ' L-
v
Dorothy L. Cook/ ity Secretary
t► .ram
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
Dorothy L. Cook ity Secretary
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year. ,J
- Dorothy L. Cook ity Secretary
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Parformance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
c 1
Dorothy L. Cook, City Secretary
aft..
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
Dorothy L. Cook ity Secretary
ill16 al.
NOTICE TO BIDDERS
Bid No. 75-8
Sealed and marked bids will be received in the office of the City
Secretary of the City of Pearland, Texas on or before 12:00 Noon, Friday,
September 19, 1975 for one (1) new 10,000 barrel galvanized, bolted, steel
ground storage water tank with the following specifications:
A. Tank diameter approximately 55 feet.
B. Tank height approximately 24 feet.
C. Material thickness
(1) Tank bottom - 10 gauge
(2) First ring - 7 gauge
(3) Second ring - 10 gauge
(4) Third ring - 10 gauge
(5) Tank deck - 12 gauge
D. 24 inch by 48 inch clean-out hatch
E. Outside ladder with cage, OSHA Standard.
F. 8 inch screened dome vent - AWWA approved.
G. Top manhole - 24 inch by 24 inch, locked cover.
H. 8 inch screened over-flow with flat valve, AWWA approved.
I. Three 8 inch outlets with standard weld flanges
J. Inside Ladder
K. Tar paper to be used under bottom and one-half inch asphalt
sheeting to be used under bolts on ring-wall.
Bid will include tank erection on foundation to be constructed by the
City. Quotation will include all materials,labor, superintendence, terms,
warranty and construction time FOB, Pearland, Texas. Bids will be opened by
the City Council at 7:30 P. M. Monday, September 22, 1975 at the City Hall,
2335 North Texas Avenue, Pearland, Texas.
A 5% Bid Bond will accompany the vendor's quotation and the City of Pearland
reserves the right to accept or reject any or all Bids.
The successful Bidder will be required to submit a Performance Bond, Payment
Bond, Certificate of Insurance and after construction, a Maintenance Bond for
one year.
,
Dorothy L. Cook ity Secretary