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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. I I III - RT11 I ii 1 1 &MM1 1 2 1 1 1 1 1 11 1 Is V, 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