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<br /> 24 <br /> CONTRACT FOR SLUDGE LOADING, HANDLING, <br /> HAULING AND DISPOSAL SERVICES FOR THE <br /> SAN MARCOS WASTEWATER TREATMENT PLANT <br /> This Contract is made this the 11th day of August , 1998, between the <br /> City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and <br /> Magna-Flow International, Inc., dba Magna-Flow Environmental ("Contractor") P.O. Box <br /> 60709, Houston, Texas 77205-0709, for the loading, handling, hauling and disposal of <br /> sludge from the San Marcos Wastewater Treatment Plant (the "WWTP"). <br /> The City and the Contractor agree as follows: <br /> ARTICLE 1 <br /> CONTRACTOR'S SERVICES AND RESPONSIBILITIES <br /> 1.1 STANDARDS OF PERFORMANCE <br /> 1.1.1 Contractor is responsible for the loading, handling, hauling and disposing of liquid <br /> sludge from the City's WWTP to designated disposal sites. <br /> 1.1.2 Contractor certifies that it has fully acquainted itself with all conditions related to <br /> these Services and will complete the Services in and under any conditions it may <br /> encounter or create, without additional cost to the City, except for material changes in <br /> conditions.or requirements of the work during the term of this Contract occurring without <br /> the fault of the Contractor. The failure or omission of the Contractor to receive or examine <br /> any form, instrument, or other document, or to acquaint itself with the existing conditions, <br /> will in no way relieve the Contractor of any obligations with respect to this Contract. <br /> 1.1.3 Contractor certifies that it is not now, nor will it become, delinquent in the payment <br /> of taxes to any governmental unit. <br /> 1.1.4 The performance of the Services by the Contractor in connection with this Contract <br /> will be in accordance with all licensing and registration requirements under State, local and <br /> Federal laws governing the Services. In performing all Services under this Contract, the <br /> Contractor will use that degree of care and skill ordinarily exercised for similar services by <br /> contractors who possess special expertise in the types of services involved under this <br /> Contract. No work under this Contract will be subcontracted by the Contractor without prior <br /> written approval from the City. Any work or services subcontracted under this Contract <br /> shall be specified in a separate written agreement, which shall be subject to each provision <br /> of this Contract. Contractor is City's sole point of contact for this Contract, including <br /> payment issues. Any provisions in this Contract pertaining to the City's review, approval <br /> and/or acceptance of written materials prepared or equipment provided by Contractor <br /> and/or its subcontractors in connection with this Contract will not diminish Contractor's <br /> responsibility for them. <br /> 1 <br />