Citywide Pest and Weed Control Services

Agency: City of Lake Havasu City
State: Arizona
Type of Government: State & Local
NAICS Category:
  • 561710 - Exterminating and Pest Control Services
  • 561730 - Landscaping Services
Posted Date: Aug 27, 2026
Due Date: Sep 26, 2026
Solicitation No: B27-PW-500814
Original Source: Please Login to View Page
Contact information: Please Login to View Page
Bid Documents: Please Login to View Page

Description

Bid Number: B27-PW-500814
Bid Title: Citywide Pest and Weed Control Services
Category: Bids & RFPs
Status: Open
Additional Status Information: AWARDED 8.26.26
Description:

AWARDED 8.26.26

Bid closing date 7/1/2026 at 3:00 pm

No Pre-Bid Conference

Question Deadline – 6/18/206 at 3:00 pm

Publication Date/Time:
5/27/2026 12:00 AM
Closing Date/Time:
9/26/2026 12:00 AM
Related Documents:

Attachment Preview

INVITATION TO BID
LAKE HAVASU CITY, ARIZONA
ITB NO.: B27-PW-500814
FOR
Citywide Pest and Weed Control Services
Susan Fox, Senior Procurement Specialist
E-Mail: Purchasing@lhcaz.gov
************************************************
CITY CLERK'S OFFICE
2330 McCulloch Boulevard North
Lake Havasu City, AZ 86403
Phone: (928) 855-2116
************************************************
BID CLOSING DATE: July 1, 2026
BID CLOSING TIME: 3:00 p.m., ARIZONA TIME
BID OPENING ON THE SAME DAY at 3:00 p.m.
************************************************
Pre-Bid Conference: None
************************************************
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: Bids and RFPs. All ITB
documents shall be submitted in hard copy. Electronic or e-mailed submissions shall be rejected.

ITB NO.: B27-PW-500814
ITB TITLE: Citywide Pest and Weed Control Services
TABLE OF CONTENTS
TABLE OF CONTENTS ........................................................................................................................ 2
SECTION A - INVITATION TO BID ....................................................................................................... 3
SECTION B - INSTRUCTIONS TO BIDDERS ...................................................................................... 5
SECTION C - SERVICES CONTRACT TERMS AND CONDITIONS .................................................... 9
SECTION D - ADDITIONAL TERMS AND CONDITIONS ................................................................... 33
SECTION E - INTENT TO BID NOTIFICATION ............................................................................... 344
SECTION F - TECHNICAL SPECIFICATIONS ................................................................................. 375
SECTION G - BIDDER SIGNATURE PAGE ....................................................................................... 43
SECTION H(A) - BID PRICE SCHEDULE........................................................................................... 45
SECTION H(B) - BID PRICE SCHEDULE........................................................................................... 47
SECTION H(C) - BID PRICE SCHEDULE ........................................................................................ 630
SECTION H(D) - BID PRICE SCHEDULE ........................................................................................ 631
SECTION I - EXCEPTIONS TO SPECIFICATIONS .......................................................................... 652
SECTION J - REFERENCES ............................................................................................................ 663
ITB No.: B27-PW-500814 Page 2 of 66
Rev. 3/13/20

SECTION A - INVITATION TO BID
ITB NO.: B27-PW-500814
ITB TITLE: Citywide Pest and Weed Control Services
PRE-BID MEETING: NONE
BID DUE DATE: July 1, 2026
BID DUE TIME: 3:00 p.m., ARIZONA TIME
ITB DESCRIPTION: Lake Havasu City's Public Works Department is seeking bids from qualified
bidders, that best fits the City's needs to provide interior and exterior exterminating/pest control services
for the City's various Departments, and to provide pre-emergent and post-emergent herbicide
applications for weed control services for the City's various locations in accordance with the terms,
conditions, and specifications contained in this Invitation to Bid (ITB). Contractor must quote firm all-
inclusive pricing and shall be based upon a per-application and location as listed on the bid price
schedule. The work shall be divided up into three (3) separate categories of work: Category A - Pest
Control, Category B - Weed Control, Category C - Rodent & Termite Control, and Category D - Bee,
Wasp, Hornet Abatement and Miscellaneous Services, which includes any travel associated with coming
to Lake Havasu City.
QUESTIONS: All questions that arise relating to this solicitation shall be directed in writing to
purchasing@lhcaz.gov. To be considered, written inquiries shall be received at the above-referenced
email address by June 18, 2026, 3:00 p.m. Arizona Time. Inquiries received will then be answered in an
Addendum.
Notice is hereby given that sealed bids for Invitation To Bid Number (ITB): B27-PW-500814 for ITB Title:
Citywide Pest and Weed Control Services 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
Wednesday, July 1, 2026. Bids received by the correct time and date will be opened and read aloud
immediately thereafter in Room 109 of Lake Havasu City Hall. Public openings may be attended virtually
by accessing the following video conferencing system:
To join the meeting on a computer or mobile phone:
https://tinyurl.com/3f94b2ww
Meeting ID: 270 366 031 956
Passcode: jcVbxK
Join with a video conferencing device
160264325@teams.bjn.vc
Video Conference ID: 112 219 692 0
Bids must be submitted in a sealed envelope with the Project Number and the bidder's name and
address clearly indicated on the envelope. All bids must be completed in ink or typewritten on a form to
be obtained from the specifications and a complete Invitation for Bid returned along with the offer no later
than the time and date cited above.
Bidders interested in taking advantage of the streamlined e-Bid process shall submit their bids
electronically via the City's DemandStar Network at https://www.demandstar.com/app/buyers/bids
/533488/details. Paper bids will continue to be accepted.
ITB No.: B27-PW-500814 Page 3 of 66
Rev. 3/13/20

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: May 27, 2026, and June 3, 2026 (Today's News Herald)
May 28, 2026 and June 4, 2026 (Arizona Business Gazette)
ITB No.: B27-PW-500814 Page 4 of 66
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.: B27-PW-500814 Page 5 of 66
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. 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 in a package marked as follows:
Substitution Request, ITB No.: B27-PW-500814
Attn: Susan Fox, Procurement Specialist
Email to: Purchasing@lhcaz.gov
2330 McCulloch Blvd. N.
Lake Havasu City, AZ 86403
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.
11. 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.
12. 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.
13. 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.
14. 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 no later than June 18, 2026, 3:00pm.
Requests must be submitted in a package marked as follows:
Clarification/Protest/Question
ITB No.: B27-PW-500814
Lake Havasu City
Procurement
Attn: Susan Fox, Procurement Specialist
2330 McCulloch Blvd. 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.
15. Addenda. All addenda shall be issued no later than five (5) calendar days prior to the bid closing.
16. Addenda Acknowledgement. Receipt of bid addenda must be acknowledged by signing and returning the
appropriate procurement document and acknowledging receipt on the proposal form.
17. 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.
18. 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.
19. Late Delivery of Bid. Late bids will not be opened or considered under any circumstances. Late Bid
Notification will be sent to vendor.
20. 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
ITB No.: B27-PW-500814 Page 6 of 66
Rev. 3/13/20

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.
21. Collusion. Upon evidence that collusion exists among Bidders, none of the bids of participants in such
collusion will be considered. All bids involved 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.
22. 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.
23. 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.
24. 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.
25. 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.: B27-PW-500814
Lake Havasu City
Community Investment Department
Procurement Division
Attn: Lynette Singleton, Procurement Official
2330 McCulloch Blvd N
Lake Havasu City, AZ 86403
26. 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.
27. 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.
ITB No.: B27-PW-500814 Page 7 of 66
Rev. 3/13/20

28. 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.
29. 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.
30. 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.
31. 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.
32. 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.: B27-PW-500814 Page 8 of 66
Rev. 3/13/20

SECTION C - SERVICES CONTRACT TERMS AND CONDITIONS
LAKE HAVASU CITY, ARIZONA
SERVICES CONTRACT
CONTRACT NO. B27-PW-500814
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 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 .
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
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.
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.
Rev 3/13/20 Page 9 of 66

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.
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.
Rev 3/13/20 Page 10 of 66

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HOMELAND SECURITY, DEPARTMENT OF

Due by 11/26/2026

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