B26-PW-500780 - ANNUAL CONCRETE REPAIRS AND IMPROVEMENTS

INVITATION TO BID
LAKE HAVASU CITY, ARIZONA
ITB NO.: B26-PW-500780
FOR
Annual Concrete Repairs and Improvements
Mark Nickel, Transportation Specialist
E-Mail: Nickelm@lhcaz.gov
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CITY CLERK'S OFFICE
2330 McCulloch Boulevard North
Lake Havasu City, AZ 86403
Phone: (928) 855-2116
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BID CLOSING DATE: April 8, 2026
BID CLOSING TIME: 3:00 p.m., ARIZONA TIME
BID OPENING ON THE SAME DAY at 3:00 p.m.
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Pre-Bid Conference: None
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SUBMITTED BY:
Company Name: ______________________________________
Address: ______________________________________
Phone No.: ______________________________________
Fax No.: ______________________________________
Contact: ______________________________________
Email: ______________________________________
An electronic copy of this ITB and attachments, if any, is available from the City's website:
www.lhcaz.gov/rfps/rfpsCurrent.html or DemandStar at https://www.demandstar.com/app/buyers/bids/523187/details

ITB NO.: B26-PW-500780
ITB TITLE: Annual Concrete Repairs and Improvements
TABLE OF CONTENTS
TABLE OF CONTENTS ........................................................................................................................ 2
SECTION A - INVITATION TO BID ....................................................................................................... 3
SECTION B - INSTRUCTIONS TO BIDDERS ...................................................................................... 4
SECTION C - SERVICES CONTRACT TERMS AND CONDITIONS .................................................... 8
SECTION D - EMPLOYMENT ELIGIBILITY VERIFICATION FORM................................................... 21
SECTION E - ADDITIONAL TERMS AND CONDITIONS ................................................................... 22
SECTION F - INSURANCE REQUIREMENTS ................................................................................... 24
SECTION G - NO BID NOTIFICATION ............................................................................................... 25
SECTION H - TECHNICAL SPECIFICATIONS ................................................................................... 26
SECTION I - BIDDER SIGNATURE PAGE ......................................................................................... 33
SECTION J - BID PRICE SCHEDULE ................................................................................................ 35
SECTION K - EXCEPTIONS TO SPECIFICATIONS .......................................................................... 36
SECTION L - REFERENCES .............................................................................................................. 37
ITB No.: B16 - Insert Bid Number Here Page 2 of 33
Rev. 3/13/20

SECTION A - INVITATION TO BID
ITB NO.: B26-PW-500780
ITB TITLE: Annual Concrete Repairs and Improvements
ITB DESCRIPTION: The Lake Havasu City Public Works Department, Maintenance Services Division,
is soliciting bids from qualified, licensed concrete Contractors to provide the necessary labor, equipment,
traffic control, required materials and supplies to perform concrete removal and replacement or other
concrete improvements at various locations in Lake Havasu City, Arizona.
This project will consist of the removal and repair of concrete sidewalks, driveways, curbs, water valve
and sewer manhole concrete collars and other concrete improvements per Lake Havasu City
Specifications. All concrete work included in this ITB will be on an as needed basis.
Work will include the supply of all labor; supervision; concrete; other related materials; mobilization;
demobilization; tools and equipment; traffic control; insurance and Workers' Compensation as required
for concrete demolition, hauling and disposal, replacement and installation as specified in this ITB.
Any concrete work that is deemed unacceptable by the City Representative shall be removed and
replaced at the contractors' expense. It is anticipated that this work will begin as soon as the winning
bidder has been approved by the Lake Havasu City Council, all contractual documents are in place and
scheduling is agreed upon.
Notice is hereby given that sealed bids for Invitation To Bid Number (ITB): B26-PW-500780 for ITB Title:
Annual Concrete Repairs and Improvements shall be received by the City Clerk's Office, 2330
McCulloch Boulevard N., Lake Havasu City, Arizona, 86403, until 3:00 p.m. Arizona Time on April 8,
2026. All bids received in proper form shall be publicly opened and read aloud on the same day at 3:00
p.m., Room 109, City Hall, 2330 McCulloch Boulevard N., Lake Havasu City, Arizona, 86403.
It is the sole responsibility of the Bidder to ensure the City receives the bid by the specified time.
ALL BIDS MUST BE TIME STAMPED BY THE CITY BY THE STATED DEADLINE. All late bids shall
be rejected.
The outside of the sealed package must be clearly marked "Sealed Bid" with the Bidder's Name,
Address, Bid Title and Number, and the Closing Date. Bidder will submit one (1) original of the bid
response. Bidder should retain a copy for their records. All bids must be completed in ink or typewritten
on a form to be obtained from the ITB documents and returned by the time cited above.
Pre-Bid Conference: None
Deadline for Questions Friday, March 27, 2026 at 2:00 pm
Bid Requirements:
BID SECURITY: YES NO Bid security in the form of a certified check or cashier's check payable
to Lake Havasu City, or a satisfactory bid bond, in the amount of ten
percent (10%) of the Contract total shall be submitted with each bid.
CERTIFICATE OF INSURANCE: The successful Bidder shall be required to submit a standard insurance
certificate as evidence of compliance with the contract insurance
requirements. This shall be sent to the City with the agreement before
execution by the City and prior to commencing work.
Pursuant to the Americans with Disabilities Act (ADA), Lake Havasu City endeavors to ensure the
accessibility of all of its programs, facilities and services to all persons with disabilities. If you need an
accommodation for ITB meetings, please contact the City Clerk's Office, at (928) 453-4142. Please provide
24 hours notice so accommodations may be arranged.
Publication Dates: TODAY'S NEWS HERALD - March 10, 11, 12, & 13, 2026 (online & print editions)
ITB No.: B16 - Insert Bid Number Here Page 3 of 33
Rev. 3/13/20

SECTION B - INSTRUCTIONS TO BIDDERS
1. Bid Format. Bid must be typewritten with a font size no less than 11 points or prepared in ink and must be
submitted on the form(s) provided in the Invitation To Bid. Bidders shall return all information and forms as
required on the Bidder's response sheet. Failure to complete all required forms may result in the bid being
rejected as non-responsive. Bidder must submit one (1) original of the bid document.
a. Unsigned offers will be considered non-responsive and will be rejected.
b. Erasures, interlineations or other modifications in the bid must be initialed by a duly authorized vend or
representative and must be the same person that signs the vendor(s) offer.
c. In case of error in the extension of prices in the bid, the unit price will govern. No bid shall be altered,
amended, or withdrawn after the specified bid closing date and time.
d. It is the responsibility of the Bidder to examine the entire bid package and seek clarification of any item or
requirement that may not be clear and to check Bidder responses for accuracy before submitting a bid.
e. All bids shall be submitted in a sealed package and must be clearly marked "Sealed Bid" with the Bidder's
Name, Address, ITB Number and Title, and the Closing Date. Bid packages with insufficient postage will
not be accepted by Lake Havasu City.
f. Lake Havasu City reserves the right to accept or reject any or all bids or any part thereof and waive
informalities deemed in the best interest of the City.
2. Bid Requirements. The following forms must be completed, signed and submitted with the vendor's offer to be
responsive and must include, but not limited to, the COVER PAGE, BIDDER SIGNATURE PAGE, BID PRICE
SCHEDULE, EXCEPTIONS TO SPECIFICATIONS (if applicable), and REFERENCES. Bids must be signed by
a duly authorized representative of the vendor. If a bid is signed by an agent of the Bidder, a Power of Attorney
showing the authority of the agent to sign must be submitted with the bid or the bid shall be rejected. FAILURE
TO SIGN AND SUBMIT THE BIDDER SIGNATURE PAGE SHALL RESULT IN REJECTION OF THE BID.
3. Taxes. Bid prices shall exclude Federal Excise Tax. Federal exemption certificates will be furnished upon written
request. Lake Havasu City is not exempt from the applicable Arizona Sales Tax; Arizona Sales Tax will be
indicated on the pricing sheet and marked as a separate line item after the total combined bid price. The
applicable tax of any political subdivision shall not be a factor in determining the award of procurement.
4. Price to Include Cost of Delivery. If this is a bid for goods, then unless otherwise provided in the specifications,
the bid price for each item must include the cost of delivery of the item(s) FOB within Lake Havasu City limits and
to the specific destination shown in the specifications.
5. Bids Must Conform to the Specifications. The Bidder shall adhere to the specifications stated herein. Any
exception taken to these specifications shall be so stated on the returned bid proposal. Deviations from any of
the requirements in the specifications or drawings MAY RESULT IN BID REJECTION. Lake Havasu City shall
hold the Bidder to all specification requirements. There is no time limit on this requirement. Deviations discovered
after the unit(s) is accepted shall be corrected at no cost to the City. Any VERBAL communication from the City
shall not be construed as approval of the acceptability of any deviation to any requirement or as authorization for
any changes or additional charges on any contract. WRITTEN APPROVAL is required. Any deviation from the
specification, or where submitted literature does not fully support the meeting of the specification, must be clearly
cited in writing by the Bidder, but no deviation below minimum specification will be accepted. If this is a bid for
goods and manufacturers' names, trade names, make, model or catalog numbers are used in the Specifications,
they are for the purpose of describing and establishing commercial and industrial quality levels. Bids for
equivalent items will be considered provided that such items are identified by manufacturer name, trade name,
make, model and catalog number. If Bidder has any question whether an item is equivalent to the item specified,
Bidder must submit a request for substitution.
6. Silence of Specification. The apparent silence of the general provisions and specifications as to any detail or
the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that
only best commercial or industrial practice is to prevail and that only material and workmanship of first run
manufacture quality are to be used.
7. Periods of Time. Periods of time, stated as a number of days, shall be calendar days unless otherwise specified.
8. Descriptive Literature. All Bidders must submit complete manufacturer's descriptive literature regarding the
equipment they propose to furnish. Literature shall be sufficient in detail in order to allow full and fair evaluation
of the bid submitted. Failure to include this information may result in the bid being rejected.
ITB No.: B16 - Insert Bid Number Here Page 4 of 33
Rev. 3/13/20

9. Demonstrations. The City may, at its discretion, require a demonstration of the equipment, material or product
offered as part of the bid evaluation process. The equipment, material or product shall be provided by the Bidder
at no cost to the City for a period of time deemed sufficient to properly evaluate the item.
10. Replacement Parts. Submission of this bid shall constitute a guarantee by the Bidder that a stock of replacement
parts for the specified equipment, material or product is available to Lake Havasu City.
Captive parts must be available within 48 hours following the placement of an order. The Vendor shall provide
part(s) delivery, to include deliveries on Saturday, Sunday and holidays if required for an emergency. If special
handling and/or freight are required, the vendor will assume all charges.
11. Substitutions. Bidders may propose substitutions. Requests for substitutions will be considered only if
physically received by the contact person listed below, not less than ten (10) days before the closing date of the
bid. Substitution requests must be submitted via email:
Substitution Request, ITB No.: B26-PW-500780
Lake Havasu City
Procurement
Attn: Susan Fox, Senior Procurement Specialist
Purchasing@lhcaz.gov
Samples must be presented for inspection and testing if requested. Samples must be furnished at no cost to the
City. If not destroyed or mutilated in testing, samples will, upon request, be returned at Bidder's expense. If a
proposed item is determined to be an acceptable substitute, an addendum will be issued.
12. Bid Withdrawal. Any bid may be withdrawn at any time prior to the specified date and time for bid closing by
delivering a written request to the Procurement Official or designee at the location where bids are received signed
by a duly authorized representative of Bidder. All bids shall be irrevocable for ninety (90) calendar days from the
day of bid closing.
13. Removal from Bid Mailing List. Vendors who do not respond when they receive an Invitation To Bid will be
deleted from the Bidder's list for that commodity or service. A vendor that submits a "No Bid" is considered to be
responsive and will remain on the Bidder's mailing list only.
14. Document Conflict. In case of conflict between Specifications and the Contract Terms and Conditions and
Instructions for Bidders, the specifications shall take precedence over and will be used in lieu of such conflicting
portions of the Contract Terms and Conditions and Instructions to Bidders.
15. Clarification/Protest/Question. Any Bidder requesting clarification of or protesting or questioning any of the
Specifications must submit specific questions or protests in writing (includes email) to the contact person listed
below. Requests for clarification and protests must be physically received not less than seven (7) calendar days
prior to the date and time of bid closing. Requests must be submitted in a package marked as follows:
Clarification/Protest/Question
ITB No.: B26-PW-500780
Lake Havasu City
Procurement Department
Susan Fox, Senior Procurement Specialist
2330 McCulloch Boulevard N.
Lake Havasu City, AZ 86403
Email to: Purchasing@lhcaz.gov
A written response will be provided to all written requests for clarification and protests, copies of which will be sent to
all vendors in receipt of these bid documents. Questions will not be answered orally. Oral instructions or information
concerning the specifications provided by City officers, employees, or agents to prospective Bidders shall not bind the
City.
16. Addenda. All addenda shall be issued no later than five (5) calendar days prior to the bid closing.
17. Addenda Acknowledgement. Receipt of bid addenda must be acknowledged by signing and returning the
appropriate procurement document and acknowledging receipt on the proposal form.
18. Documents are Public Records. Lake Havasu City is subject to the Arizona Revised Statutes, Title 39, Chapter
1, relating to public records. All documents, reports, bids, submittals, working papers or other materials submitted
to the City by Bidders shall become the sole and exclusive property of the City and become a public record.
19. Copies. Bidders may request copies of current or past procurement documents. The charge per copy is payable
in advance. Please call for a current per copy cost.
ITB No.: B16 - Insert Bid Number Here Page 5 of 33
Rev. 3/13/20

20. Late Delivery of Bid. Late bids will not be opened or considered under any circumstances. Late Bid Notification
will be sent to vendor.
21. Rejection of Bids. The City reserves the right to waive technical defects, discrepancies and minor irregularities
in a bid. The City reserves the right to re-seal any bid that was opened prematurely. The City has determined
this event as a minor irregularity. The Procurement Official shall be notified and shall log the event and place it
in the procurement file. The City reserves the right to award any alternatives set forth in the bid documents in its
sole discretion. Bids may be rejected if there is any alteration of the bid form, additions not called for, conditional
bids, incomplete bids, or irregularities of any kind. The City reserves the right to reject any bid not in compliance
with the bid documents, or prescribed public bidding procedures and requirements. Written notice of rejection of
all bids shall be sent to all Bidders. ALL UNSIGNED BIDS SHALL BE REJECTED.
22. Collusion. Upon evidence that collusion exists among Bidders, none of the bids of participants in such collusion
will be considered. All involved bids shall be rejected. Bids in which prices are unbalanced may be rejected. The
Vendor will be required to complete, notarize and submit a "No-Collusion Affidavit" upon request by the City.
Failure of the vendor to submit a properly executed affidavit upon request by the City shall be grounds
for rejection of the bid.
23. Contract Award.
a. Awards will be made with reasonable promptness to the vendor(s) whose bid(s) is determined to be
responsive and responsible that best conforms to the Invitation To Bid and will be the most advantageous to
the City with respect to price, conformity to the specifications and other factors. Other factors to be
considered may include, but are not limited to, quality, uniformity of product, and vendors past performance
on other Contracts with the City.
b. The award will be made by low bid or including but not limited to individual item, category, group or by any
combination of these or other methods or by all-or-none basis that is in the best interest of the City.
Bidders to be considered for award by category or group are not required to bid on each item. However, if
all or part of the bid is awarded by category or group, only those Bidders who have inserted a bid price for
each item in the category or group and who have provided either a percentage off manufacturer's list or
percentage mark-up over cost for similar items not listed will be considered for award for that category.
City reserves the right to award the Bid to a primary and an alternate Bidder for the same bid item. The
alternate Bidder will be used when the primary Bidder is unable to provide the materials when required, or
when such action will provide the lowest final cost to the City.
c. A bid response is an offer by a vendor to Contract with the City based upon the terms, conditions, and
specifications contained in the Invitation To Bid. Bids do not become Contracts unless and until they are
accepted and an Award is made by Lake Havasu City. A Contract is formed when Lake Havasu City gives
written Notice of Award(s) to the successful Bidder(s) and issues a Purchase Order. All Invitation To Bid
documents, including but not limited to the specifications, terms and conditions, become the Contract and is
extended to every Purchase Order for items or services contained in the submitted offer. The delivery or
furnishing of any of the bid items cannot commence until a Contract is duly and properly executed.
24. Rejection of All Bids and Cancellation of Award. The City reserves the right to reject all bids or to cancel
award of the Contract at any time before execution of the Contract by both parties if rejection of all bids or
cancellation of the award is deemed to be in the City's best interest. In no event shall the City have any liability
for the cancellation of award. The Bidder assumes the sole risk and responsibility for all expenses connected
with the preparation of its bid and Contract negotiations.
25. Reissuance of Bid. The City reserves the right to re-issue a subsequent procurement for this service at any time
if deemed to be in the best interest of the City.
26. Protest of Award. A protest of award must be physically delivered to the Procurement Official within five (5)
working days of the notice of award date. Packages containing protests shall be marked as follows:
Bid Award Protest, ITB No.: B26-PW-500780
Lake Havasu City
Community Investment Department
Procurement Division
Attn: Lynette Singleton, Procurement Official
2330 McCulloch Blvd N
Lake Havasu City, AZ 86403
27. Notice of Award. Official Notice of Award, if any, shall be sent in the form of an "Award Letter" and shall be
signed by the duly authorized Lake Havasu City Official.
ITB No.: B16 - Insert Bid Number Here Page 6 of 33
Rev. 3/13/20

28. Vendor Registration and IRS Form. Prior to the award of a Contract, the successful Bidder must properly fill
out and complete a City Vendor Registration and IRS W-9 Form and file the documents with the City's
Administrative Services Department.
29. Post Award Conference. After the award has been made, the Contractor may be required to attend and
participate in Post Award Conference. The purpose is to ensure the Contractor has a complete understanding of
the specifications and the requirements of the Contract prior to commencing work.
30. Disputes. In the event any doubt or differences of opinions exists as to the items or service to be furnished
hereunder, or from evaluation and/or testing of substitutes, or the interpretation of the provisions of this
procurement, the decision of Lake Havasu City shall be final and binding upon all parties.
31. Solicitation Document Conflicts. In the event any discrepancies exist between the proposer(s) submitted
response and the original solicitation document, the ITB on file with the City shall govern.
32. Response Preparation Costs. Costs incurred by any Bidder in preparation of a response to this Invitation To
Bid shall be the sole responsibility of the Bidder and will not be reimbursed by the City.
33. Bidder Exceptions. Bidders that list and submit more than ten (10) separate items in "Section K - Exceptions
to Specifications" shall be considered non-responsive; and said bid shall be rejected in its entirety.
ITB No.: B16 - Insert Bid Number Here Page 7 of 33
Rev. 3/13/20

SECTION C - SERVICES CONTRACT TERMS AND CONDITIONS
LAKE HAVASU CITY, ARIZONA
SERVICES CONTRACT
CONTRACT NO. 500780
This Contract is between Lake Havasu City (City), 2330 McCulloch Blvd., N., Lake Havasu City, AZ 86403 and
(Insert Contractor's Name) (Contractor), (Insert Contractor's Full Address).
The parties agree as follows:
Effective Date and Termination Date. The effective date of this Contract shall be [Date], or the date, on which
each party has signed this Contract, whichever is later. Unless earlier terminated as provided below, the
termination date shall be [Date]. This Contract may be renewed at the expiration of its term by mutual
agreement of both parties. The renewal may be for a maximum of four (4) additional twelve (12) month periods or
less if agreeable to both parties.
Notice of intent to renew or extend will be given to the Contractor in writing by a City representative sixty (60) days
prior to expiration of the current Contract. This notice shall not be deemed to commit the City to a Contract renewal.
Statement of Work. Contractor shall perform the work described in Exhibit 1.
Payment for Work. City agrees to pay Contractor in accordance with Exhibit 1.
Contract Documents. This Contract includes the following Exhibits listed below and attached herein and
incorporated herein by this reference:
EXHIBIT 1 - STATEMENT OF WORK
EXHIBIT 2 - INSURANCE REQUIREMENTS
EXHIBIT 3 - CERTIFICATE OF LIABILITY INSURANCE
EXHIBIT 4 - EMPLOYMENT ELIGIBILITY VERIFICATION & FORM
EXHIBIT 5 - CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR
EXHIBIT 6 - WORKERS' COMPENSATION EXEMPTION CERTIFICATE
EXHIBIT 7 - ARIZONA STATUTORY PAYMENT BOND (To be determined per project)
EXHIBIT 8 - ARIZONA STATUTORY PERFORMANCE BOND (To be determined per project)
STANDARD TERMS AND CONDITIONS
1. Time is of the Essence. Time is of the essence in the performance of this Contract. Contractor is providing services
which involve health, safety and welfare of the general public. Delivery time is of the essence. Delivery must be made
in accordance with the delivery schedule as promised by the Contractor.
2. Contract Amendments. This Contract shall be modified only by a written Contract Amendment signed by the City
Manager or designee or City Official and persons duly authorized to enter into Contracts on behalf of the City Council.
3. Parole Evidence. This Contract is intended by the parties as a final expression of their agreement and is intended also
as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties
and no usage of the trade shall be relevant to supplement or explain any term used in this Contract. Acceptance or
acquiescence in a course of performance rendered under this Contract shall not be relevant to determine the meaning
of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and
opportunity to object.
4. Subcontracts and Assignment. Contractor shall not Subcontract any of the work required by this Contract or assign
or transfer any of its interest in this Contract, without the prior written consent of City.
5. No Third-Party Beneficiaries. City and Contractor are the only parties to this Contract and are the only parties entitled
to enforce its terms. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or
otherwise, to third persons unless such third persons are individually identified by name in this Contract and expressly
described as intended beneficiaries of this Contract.
6. Successors in Interest. The provisions of this Contract shall be binding upon and inure to the benefit of the parties
and their successors and approved assigns, if any.
Rev 09/23/2022 Page 8 of 33

7. Merger Clause. This Contract and the attached exhibits constitute the entire agreement between the parties. All
understandings and agreements between the parties and representations by either party concerning this Contract are
contained in this Contract. No waiver, consent, modification, or change in the terms of this Contract shall bind either
party unless in writing and signed by both parties. Any written waiver, consent, modification, or change shall be effective
only in the specific instance and for the specific purpose given.
8. Compliance with Applicable Law. Contractor shall observe and comply with all established federal, state, and local
administrative rules, codes, ordinances, regulations, standards, and laws applicable to the work under this Contract
regardless of whether or not they are referred to by the City.
9. Governing Law. The provisions of this Contract shall be construed in accordance with the laws of the State of Arizona
and the provisions of the Lake Havasu City Municipal Code. In the event of litigation between the parties, venue in state
trial courts shall lie exclusively in Mohave County, Arizona. In the event of litigation in a U.S. District Court, exclusive
venue shall lie in the U.S. District Court located in Phoenix, Maricopa County, Arizona.
10. Arbitration. In accordance with A.R.S. Title 12, parties agree to use arbitration, after exhausting applicable
administrative reviews, to resolve disputes arising out of this agreement where the sole relief sought is monetary
damages of $40,000, or less, exclusive of interest and costs.
11. Early Termination. This Contract may be terminated as follows:
a. City and Contractor, by mutual written agreement, may terminate this Contract at any time.
b. City, in its sole discretion, may terminate this Contract for any reason on thirty (30) days written notice to Contractor.
c. Either the City or Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior
to such termination, the party seeking termination shall give to the other party written notice of the breach and intent
to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date
of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written
notice of termination.
d. Notwithstanding paragraph 11(c), City may terminate this Contract immediately by written notice to Contractor upon
denial, suspension, revocation, or non-renewal of any license, permit, or certificate that Contractor must hold to
provide services under this Contract.
12. Payment on Early Termination. Upon termination pursuant to paragraph 11, payment shall be made as follows:
a. If terminated under 11(a) or 11(b) for the convenience of the City, the City shall pay Contractor for work performed
prior to the termination date if such work was performed in accordance with the Contract. City shall not be liable for
direct, indirect, or consequential damages. Termination shall not result in a waiver of any other claim City may have
against Contractor.
b. If terminated under 11(c) by the Contractor due to a breach by the City, then the City shall pay the Contractor for
work performed prior to the termination date if such work was performed in accordance with the Contract.
c. If terminated under 11(c) or 11(d) by the City due to a breach by the Contractor, then the City shall pay the Contractor
for work performed prior to the termination date provided such work was performed in accordance with the Contract
less any setoff to which the City is entitled.
13. Remedies. In the event of breach of this Contract, the parties shall have the following remedies:
a. If terminated under 11(c) by the City due to a breach by the Contractor, the City may complete the work either itself,
by agreement with another Contractor, or by a combination thereof. If the cost of completing the work exceeds the
remaining unpaid balance of the total compensation provided under this Contract, then the Contractor shall pay to
the City the amount of the reasonable excess.
b. In addition to the remedies in paragraphs 11 and 13 for a breach by the Contractor, the City also shall be entitled to
any other equitable and legal remedies that are available.
c. If the City breaches this Contract, Contractor's remedy shall be limited to termination of the Contract and receipt of
Contract payments to which Contractor is entitled.
14. Waiver. Waiver of any default under this Contract by City shall not be deemed to be a waiver of any subsequent default
or a modification of the provisions of this Contract.
15. Non-Waiver of Liability. The City as a public entity supported by monetary tax funding, in execution of its public trust,
shall not agree to waive any lawful or legitimate right to recover monetary funds lawfully due it. Therefore, any Contractor
agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right
the City might have to recover actual lawful damages in any court of law under applicable Arizona law.
16. Conflict of Interest/Contract Cancellation. Contractor stipulates that its officers and employees do not now have a
conflict of interest and it further agrees for itself, its officers, and its employees that it will not contract for or accept
employment for the performance of any work or services with any individual business, corporation, or government unit
that would create a conflict of interest in the performance of its obligations pursuant to this Contract.
Rev 09/23/2022 Page 9 of 33

Pursuant to A.R.S. 38-511, this Contract is subject to cancellation by the City if any person significantly involved in
initiating, negotiating, securing, drafting, or creating the Contract on behalf of Lake Havasu City is, at any time while the
Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of
the Contract with respect to the subject matter of the Contract.
17. No Kick Back Fee. Contractor stipulates that no person has been employed or has been retained to solicit or secure
this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee; and that
no member of the City Council or any employee of City has any interest, financially or otherwise, in this Contract that
has not been publicly declared and procured in accordance with A.R.S. 38-501 et seq.
In case of breach or violation of this requirement, the City shall have the right to annul this Contract without liability or at
its discretion to deduct from the Contract price or consideration, the full amount of such commission, percentage,
brokerage, or contingent fee.
18. Gratuities. The City may, by written notice to the Contractor, cancel this Contract if it is found that gratuities, in the form
of entertainment, gifts, or otherwise, were offered or given by the Contractor or any agent or representative of the
Contractor, to any officer or employee of the City. In the event this Contract is canceled by the City pursuant to this
provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor
the amount of the gratuity.
19. Non-Exclusive Contract. Any subsequent Contract resulting from the solicitation shall be awarded with the
understanding and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like
goods, service, or finished end product from another source when necessary.
20. Ownership of Work. All work products created by the Contractor as part of Contractor's performance of this Contract
shall be the exclusive property of the City. If any such work products contain intellectual property of the Contractor that
is or could be protected by federal copyright, patent, or trademark laws, Contractor hereby grants City a perpetual,
royalty-free, fully paid-up, non-exclusive and irrevocable license to copy, reproduce, deliver, publish, perform, dispose
of, use, re-use, in whole or in part, and to authorize others to do so, all such work products. City shall have no rights in
any pre-existing work product of Contractor provided to City by Contractor in the performance of this Contract except to
copy, use, and re-use any such work product for City use only. If this Contract is terminated prior to completion, and the
City is not in default, City, in addition to any other rights provided by this Contract, may require the Contractor to transfer
and deliver all partially completed work products, reports or documentation that the Contractor has specifically developed
or specifically acquired for the performance of this Contract.
21. Licenses and Permits. Contractor shall maintain in current status all federal, state, and local laws, licenses, and permits
required for the operation of the business conducted by the Contractor as applicable to this Contract.
22. Force Majeure.
a. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract
if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term
'force majeure' means an occurrence that is beyond the control of the party affected and occurs without its fault or
negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots;
strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injunctions-intervention-acts; or failures or
refusals to act by government authority; and other similar occurrences beyond the control of the party declaring
force majeure which such party is unable to prevent by exercising reasonable diligence.
b. Force Majeure shall not include the following occurrences:
1) Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, or an
oversold condition of the market;
2) Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance
with this force majeure term and condition; or
3) Inability of either the Contractor or any subcontractor to acquire or maintain any required insurance, bonds,
licenses, or permits.
c. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the
other party in writing of such delay, as soon as is practicable and no later than the following working day, of the
commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or
mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions. The
delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when
it has done so. The time of completion shall be extended by Contract Amendment for a period of time equal to the
time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract.
d. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any
claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused, by force
majeure.
23. Late Submission of Claim. The City shall not honor any invoices or claims which are tendered one (1) year after the
last item of the account accrued.
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