HomeMy WebLinkAboutC2012-373 - 10/16/2012 - ApprovedLIQUID WASTE/SLUDGE HAULING SERVICE AGREEMENT
Service Agreement No. SA13-QQ2
THIS Liquid Waste/Sludge Hauling Service Agreement, (this "Agreement") is entered into by
and between S Ente&priaga. LLC (the "Contractor") and the City of Corpus Christi, a Texas
home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or
designee ("City Manager'), effective for all purposes upon execution by the City Manager or designee.
WHEREAS Contractor has proposed to provide Liquid Waste/Sludge Hauling Service in
response to Bid Invitation No. BI-0201-12 (which includes Specification 1249, dated 02/24/12) which is
incorporated and attached as Exhibit A;
WHEREAS the City has determined Contractor to be the lowest responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor will provide Liquid Waste/Sludge Hauling Service in accordance with
Bid Invitation No. BI-0201-12 (which includes Specification 1249, dated 02/24/12).
2. 'perm. This Agreement is for 12 months commencing on the date signed by the last
signatory hereto. The term includes an option to extend for up to two additional twelve-month periods
subject to the approval of the Contractor and the City Manager.
3. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this Agreement including
deductions for non-performance and authorizations for payment. All of the Contractor's notices or
communications regarding this Agreement must be directed to the Contract Administrator, who is the
Director of Wastewater Department or designee.
4. Independent Contractor. Contractor will perform the services hereunder as an
independent contractor and will furnish such services in its own manner and method, and under no
circumstances or conditions may any agent, servant or employee of the Contractor be considered an
employee of the City.
5.Insurance. Before activities can begin under this Agreement, the Contractor's
insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance
coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must
state that the Director of Wastewater Department or designee will be given at least thirty (30) days'
notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of
the policies. The City must be named as an Additional Insured. The City Attorney must be given copies
of all insurance policies within 15 days of the City Manager's written request.
2012-373
10/16/12
M2012-175
Stump Enterprises LLC JNDSXED
6. Assignment. NO assignment of this Agreement or any right or inte th b t h e
Contractor is effective unless th Cit fi g its written con sent to such The performance
+f this Agreement by the Contractor is of the e ssence o f thi A greement assl
and the City's right to withhold
consent to such assignment is within the sole discretion o:f the City or, any ground whatsoever.
7. Fiscal Year. All parties recognize that the continuation of any contract after the close of
any fiscal year of the City (the City's fiscal year ends on July is s t appro *
priations and budget
approval providing for covering such contract item as an expenditure in said budget. The City does not
represent that said budget item will be actually adopted as that determination is within the sole discretion
of the City Council at the time of adoption of each budget.
8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid
Invitation No. BI-0201-12 (which includes Specification 1249, dated 02/24/12), or the Contractor's bid
offer to Bid Invitation No. BI-0201-12 waives any subsequent breach of the same.
9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local
laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law
for any legal disputes arising out of this Agreement is the law of Texas and si fowt aii y -
-WA COUrE in ana tor-nueces LO
I L Amendments. This Agreement may be amended only by written Ag d
authorized by the parties hereto and signed by the parties.
"IternativelY, the City may ten this Agreement upon tw (20) days' written notice to
the Contractor. However, the City may terminate this Agreement on twenty-four (24) h ours ' wri
notice to the Contractor for failure to pay or provide proof of pay o f t axes as set out herein.
13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide,
Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of
I#ayment of these taxes within fifteen (15) days of such request. The Contractor may terminate diI
Agreement upon ninety (90) days' written notice to the City.
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16. 1 Notice may be given by fax, hand delivery or certified mail, postage prepaid and is
received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent
certified mail. Notice shall be sent as follows:
17. Month-to-Month Extension. If the City has not completed the procurement process and
awarded a new Agreement upon expiration of the original contract period or any extension period, the
Contractor shall continue to provide goods/services under this Agreement, at the most current price under
the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This
Agreement automatically expires on the effective date of a new contract.
18. Severability. Each provision of the Agreement shall be considered to be severable and, if,
for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any
exi I-OW
of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part thereof had been omitted.
OGNED this day of 2*
Contractor Marvin SU=
im
Incorporated by Reference
Exhibit A: Bid Invitation No. BI-0201-12
Exhibit B: Bidder's Bid