090523 FY24 Sludge Hauling Services

Department Name

ACCOUNT ID

ines,

FY23 Final Budget

Wastewater 541-5-7581-311 [PROFESSIONAL SERVICES $35,000] $35,000)
M [541-5-7581-313 |CONTRACTED SERVICES $70,000) $70,000)
Wastewater 541-5-7581-325 | TECH/SOFTWARE SUPPORT $13,000] $13,000)
Wastewater |541-5-7581-351_ }CONFERENCE,SEMINARS & TRAINING x
Wastewater 541-5-7581-362 | MAILING COST $500] $500)
[541-5-7581-382, [WIRELESS COMMUNICATIONS ; $4,500]
Wastewater 541-5-7581-385 [BUILDING WATER/SEWER SERVICES $6,000 $6,000)
[Wastewater 1541-5-7582-385. five accounts. $6; $6;
Wastewater '541-5-7581-386 |LANDSCAPING/IRRIGATION $2,000] $2,000
Wastewater [541-5- 7581-387 ELECTRICITY $280, $640,000]
[Wastewater '541-5-7581-418 [SPECIAL PROJECTS $9,000) $75,000
Wastewater 1541-5-7581-418 Capacity Study x $75,000}
[Wastewater [541-5-7581-418 Computer and Monitor Refresh $9,000 $0
Wastewater (f543-5-7581-436 {RATE STUDY = $28,000} $6,000
Wastewater [541-5-7581-617 [CAPITAL EQUIPMENT PURCHASE $21,000] $9,000
ae 62207- SCADA Software Server
Wastewater [541-5-7581-617 Replacement $21,000) $0}
Wastewater 541-5-7581-617 Copier for WRF $0 $9,000
Wastewater -5-7581-617 SCADA Software Server Replacement $0 $
Wastewater 541-5-7581-650 |VEHICLES $0 $50,000]
[Wastewater “5-7581-717 |WIFA- PRINCIPAL $25,500] $27,000]
Wastewater 541-5-7581-750 |WIFA - INTEREST $9,000 $7,500
[Wastewater [541-5-7581-773 |TRUST/AGENCY FEES. $0} $o|
Wastewater 541-5-7581-990 |LOSS ON RETIRE/SALE OF ASSETS $0 $0)
541-5-7582-224 }LAB SUPPLIES $7,000} $7
Wastewater '541-5-7582-326 |LICENSE AND PERMITS $20,000) $20,000)
Wastewater [541-5-7582-333 [SAMPLING/TESTING $25,000}
Wastewater [541-5-7582-351 [CONFERENCE SEMINAR TRAINING So $7,500
f541-5-7582.370 |DUES-MEMBERSHIPS-FEES $2,000 $2,000)
Wastewater 541-5-7582-370 ‘Storm Membership $750) $750)
Wastewater [541-5-7582-370 AZ Water Membership $455) $455]
Wastewater $41-5-7582-370 Misc. Adjustment $795 $795)
[Wastewater [541-5-7585-617 [CAPITAL EQUIPMENT PURCHASE $j $0
Wastewater 541-5-7585-655 |SEWER PLANT $1,228,500) $200,000
62079- WW Process Equipment
Wastewater 541-5-7585-655 Improvements $200,000 $200,000]
Wastewater Process Equipment
Wastewater 541-5-7585-655 Improvements $o $0
Wastewater [541-5-7585-655 62107- Reclamation Facility Design $1,028,500] $0
(Wastewater 541-5-7585-656 |BUILDING/DATA INFRAS. IMPROV. $134,500 $1,453,500)
(Wastewater [541-5-7585-656 62343 Public Works Facility Carryforward $0 $120,000
Wastewater [541-5-7585-656 Public Works Facility $134,500 $1,333,500]
(Wastewater '541-5-7585-670 |PRE-CONSTRUCTION DESIGN $575,000 $145,000]
Wastewater [541-5-7585-670 62227- Collections System Replacement $125,000 $125,000
Wastewater S41-5-7585-670 Backup Pump for Brisas Lift Station Sj $20,000}
Wastewater 541-5-7585-670 Collections System Replacement Program $0 $0
[Wastewater [541-5-7585-670 Influent Line Replacement at WRF $450,000| Sof
Wastewater 541-5-7585-950 [TRANSFER OUT $2,100,000) $2,100,000)
Wastewater [541-5-7585-960: [DEPRECIATION $1,250,000] $1,300,000]
Wastewater 541-5-7586-210 [SMALL TOOLS/EQUIP/PARTS. $1,000) $1,000
Wastewater [541-5-7586-211 [FUEL AND LUBRICANTS $6,000} $6,000)
Wastewater 541-5-7586-213 [SAFETY EQUIPMENT/SUPPLIES $3,000] $3,000
Ww 541-5-7586-221 |PIPES, FITTINGS & REPAIRS $1,000] $:
Wastewater '541-5-7586-222 [CHEMICALS $4,000 $5,000
Wastewater [541-5-7586-253 JVEHICLE MAINTENANCE/REPAIRS $10,000} $20,000)
Wastewater 541-5-7586-256 | WWTP MAINTENANCE/REPAIRS $41,000] $41,000]
Wi [541-5-7586-311 [PROFESSIONAL SERVICES $2, $2,900]
Wastewater 541-5-7586-313 [CONTRACTED SERVICES $18,000] $18,000)
I [541-5-7586-334 |SLUDGE DISPOSAL & $2,900]
Wastewater 541-5-7586-418 |SPECIAL PROJECTS $67,000) $67,000!
[ -5-7586-A18 | GIS Mappin $67,000) $67,000) el
Sanitation 591-4-1141-811 [TRASH SERVICE CHARGES $2,000,000] $2,585,000)
[Sanitation S91-5-7882-199 [LABOR DISTRIBUTION $ $31,500]
Sanitation '591-5-7881-223 |GARBAGE CONTAINER/PARTS. $70,000] $72,000)
[Sanitation {{592-5-7881-242 [HHW EXPENSES $20,000] X-$20,500]
Sanitation 591-5-7881-247 [RECYCLING SUPPLIES $1,000) $1,000
[Sanitation [591-5-7881-336 [TRASH SERVICE CHARGES $1,559,500] $1,799,000)
Sanitation [591-5-7881-337 |LANDFILL FEES $15,000] $15,500]
Sanitation [591-5-7881-360 |PRINTING COST $3,000] $3,900]
[Sanitation [591-5-7881-383 |TRASH SERVICE $16,000) $16,500
Sanitation [591-5-7881-390 }RECYCLING BIN TRASH PICKUP $2,000} $2,000|
Sanitation 591-5-7881-394 [BULK TRASH $80,000) $82,000]
[Sanitation [S91-5-7881-950 {TRANSFER OUT $357,000] $357,000]

24

AGREEMENT

THIS AGREEMENT is made and entered into this Ist day of July, 2022, by and between Parks & Sons Of Sun City,

Inc., (hereinafter referred to as “Contractor”) and the City of El Mirage, Arizona, a municipal corporation, (hereinafter referred to
as “City”).

Whereas, City issued Invitation to Bid (hereinafter “IFB) No. PW22-SHD01 seeking bids from contractors to provide

Sludge Hauling and Disposal Services for the Wastewater Treatment Facility on property owned and/or controlled by City; and,

Whereas, Contractor submitted a response to City IFB No. PW22-SHDO1 offering to provide Sludge Hauling and

Disposal Services for the Wastewater Treatment Facility from identified property owned and/or controlled by City (hereinafter
“Proposal”); and,

Whereas, City has determined that Contractor’s Proposal is in conformance with the requirements of IFB No. PW22-

SHD01 and best meets the needs of the City.

NOW, THEREFORE, Contractor and City hereby agree as follows:

L.

Contractor agrees, at its own cost and expense, to do all the work and furnish all the equipment, personnel and materials
necessary to provide, in a good and substantial manner and to the satisfaction of the City, the following work, Sludge
Hauling and Disposal Services for the Wastewater Treatment Facility, in accordance with the City of El Mirage IFB No.
PW22-SHDO1 and Contractor’s Proposal in response to IFB No. PW22-SHD01, which are hereby specially referred to and
by such reference made a part hereof in their entirety. IFB No. PW22-SHDO1 shall consist of the following documents,
which are incorporated herein by this reference: Notice of Invitation to Bid; Instructions to Bidders; Scope of Work and
Project Specifications; General Terms and Conditions; Bid Sheet; Appendix’s; and Exhibit’s.

City agrees to pay Contractor, and Contractor agrees to accept, as full compensation for furnishing all equipment, personnel,
and materials and for doing all the work contemplated and embraced in this Agreement, the amounts set forth in
Contractor’s Proposal in response to IFB No. PW22-SHD01.

The City hereby promises and agrees with the Contractor to retain, and does hereby retain, Contractor to provide the
equipment, and personnel and materials and to do the work according to the terms and conditions herein contained and
referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions
as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.

It is further expressly agreed by and between the parties that should there be any conflict between the terms of this
Agreement, IFB No. PW22-SHD01 or the Proposal, then this Agreement and the provisions terms of IFB No. PW22-SHD01
shall control and nothing herein shall be considered as an acceptance of the terms of the said Proposal conflicting herewith
or IFB No. PW22-SHD01, unless expressly so stated herein.

Time is of the essence to the terms of this contract.

FEDERAL AND STATE EMPLOYMENT IMMIGRATION LAWS. To the extent applicable under A.R.S. § 41-4401,
Contractor warrants its and its subcontractor’s compliance with all federal immigration laws and regulations that relate to
their compliance with the E-verify requirements under A.R.S. § 23-214(A). Contractor’s or its subcontractors’ breach of the
above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the
Agreement by the City of El Mirage. The City of El Mirage retains the legal right to randomly inspect the papers and records
of Contractor and its subcontractors to ensure that the Contractor and its subcontractors are complying with the above-
mentioned warranty.

The Contractor warrants to keep the papers and records open for random inspection during normal business hours by the
City of El Mirage. The Contractor shall cooperate with the City of El Mirage’s random inspections including granting the
City entry rights to Contractor’s property to perform the random inspections and waiving its right to keep such papers and
records confidential. The failure of Contractor to comply with this warranty regarding the keeping of papers and records and
cooperating with the City’s random inspections shall constitute a material breach of the Agreement and the City shall have
the right to immediately terminate the Agreement.

Page 1 of 2

PW22 - SHDO1

The Contractor further agrees to include the following language in all subcontracts entered into by Contractor with any
person or entity to perform work on the Agreement and to terminate the agreement with any subcontractor who violates any
of the warranties set forth in said language below.

To the extent applicable under A.R.S. § 41-4401, Subcontractor warrants to Contractor and the City of El Mirage
Subcontractor’s compliance with all federal immigration laws and regulations that relate to its compliance with the
E-verify requirements under A.R.S. § 23-214(A). Subcontractor’s breach of the above-mentioned warranty shall be
deemed a material breach of the Agreement and may result in the termination of the subcontract by Contractor at the
direction of the City of El Mirage. Subcontractor further acknowledges the City of El Mirage’s right to randomly
inspect the papers and records of Subcontractor to ensure that Subcontractor is complying with the above-mentioned
warranty.

Subcontractor warrants to keep the papers and records open for random inspection during normal business hours by
City of El Mirage. Subcontractor shall cooperate with City of El Mirage’s random inspections including granting
the City entry rights to Subcontractor’s property to perform the random inspections and waiving their respective
tights to keep such papers and records confidential. The failure of Subcontractor to comply with this warranty
regarding the keeping of papers and records and failure to cooperate with the City’s random inspections shall
constitute a material breach of the Agreement and the City shall have the right to immediately require Contractor to
terminate the Agreement with Subcontractor.

7, ATTORNEY’S FEES & DISPUTE RESOLUTION. In the event either party brings any action for any relief, declaratory or
otherwise, arising out of this Contract, or on account of any breach or default hereof, the prevailing party shall be entitled to
receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting
without a jury or arbitration board, which shall be deemed to have accrued on the commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment or by arbitration award.

As an alternative to filing a law suit to resolve the dispute, the parties may elect to arbitrate the dispute. Each party shall
select a competent and impartial arbitrator. The two selected arbitrators shall appoint a third arbitrator. If the two appointed
arbitrators cannot agree on a third, they may petition a judge having competent jurisdiction to select the third arbitrator, or
they may resign their appointment jointly or individually so that the parties may renew the selection process. The written
award of two of the three arbitrators shall bind the parties. The cost of the arbitrators and any expert witnesses shall be borne
by the party that hired them. The cost of the third arbitrator and other expenses of the arbitration shall be shared equally by
the parties. The arbitration shall take place in the City of El Mirage. State court rules of procedure and evidence shall be
governing.

Executed and entered into on the date first written above.

CITY: CONTRACTOR:
By: J. Crystal Dyches By: By AY LOC
Its: City Manager Its: Feweret YWAdua i

Approved as to form:

City Attorney

Attest:

City Clerk

Page 2 of 2
PW22 --SHDO1