REQUEST FOR PROPOSAL

EM26-ASS01

ARTERIAL STREET SWEEPING SERVICES

City of El Mirage

10000 N El Mirage Rd

El Mirage, AZ 85335

RELEASE DATE: September 11, 2026

DEADLINE FOR QUESTIONS: October 1, 2026, 1:00 pm

RESPONSE DEADLINE: October 13, 2026, 8:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/elmirageaz https://procurement.opengov.com/portal/elmirageaz

City of El Mirage

REQUEST FOR PROPOSAL

Arterial Street Sweeping Services

I. Notice of Request for Proposals II. Introduction

III. Scope of Work IV. Evaluation Critieria V. Vendor Questionnaire

VI. General Terms and Conditions

Attachments:

A - Exhibit A Service Areas

B - Exhibit B Arterial Street Map

Request For Proposal #EM26-ASS01 Title: Arterial Street Sweeping Services

1. Notice of Request for Proposals

1.1. GENERAL

The City of El Mirage (“the City”) is seeking an experienced, qualified vendors to provide Arterial Street

Sweeping Services.

The contract period will be for an initial term of three (3) year with no more than two (2) additional (1) year extensions.

1.2. DESCRIPTION

This Request for Proposals (RFP) is to seek proposals for Arterial Street Sweeping Services.

1.3. SUBMITTAL OF PROPOSALS

In accordance with City of El Mirage Procurement Code, proposals for the material or services specified will be received by the City of El Mirage Purchasing Administrator at the specified location until the date and time specified. Proposals must be in the actual possession of the City of El Mirage on or prior to the

Proposal Due Date and Time. Late proposals will not be considered, except as provided in the City of El

Mirage Procurement Code. Proposals shall be electronically submitted via City's eProcurement Portal.

Offerors are strongly encouraged to carefully read the entire Request for Proposals Package.

Information regarding the submittal requirements of this RFP may be obtained via the City's eProcurement Portal. Any changes to this Request for Proposals will be in the form of a published amendment. All technical questions regarding this RFP must be submitted via the City's eProcurement

Portal. Questions are to be submitted no later than 1:00 pm on Thursday, October 1, 2026

Offeror assumes the burden of proper and timely delivery. Submittals are to be submitted via City's eProcurement Portal before 8:00 am on Tuesday, October 13, 2026.

No submittals will be accepted after the date and time indicated.

If price is a consideration and in case of error in the extension of prices in the proposal, the unit price shall govern. No proposal shall be altered, amended, or withdrawn after the specified proposals due date and time.

Periods of time, stated as a number of days, shall be calendar days.

Proposal due date and time is stated as local Arizona time.

It is the responsibility of all Offerors to examine the entire Request for Proposals package and seek clarification of any item or requirements that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing a proposal confers no right of withdrawal after proposal due, date, and time.

1.4. INQUIRIES

Any question related to the Request for Proposals shall be submitted via the City's eProcurement Portal

Q&A feature. The Offeror shall not contact or ask questions of the department for which the requirement is being procured. Questions may not be submitted after1:00 pm on Thursday, October 1, 2026.

1.5. PROSPECTIVE OFFERORS CONFERENCE

A Prospective offeror Conference shall not be held.

1.6. LATE PROPOSALS

Late Proposals will not be considered. A prospective offeror submitting a late proposal shall will be so notified in accordance with the City of El Mirage Procurement Code.

1.7. WITHDRAWAL OF PROPOSAL

At any time prior to 8:00 am on Tuesday, October 13, 2026, a prospective offeror (or designated representative) may withdraw the proposal.

1.8. AMENDMENT OF PROPOSAL

Receipt of all Solicitation addendums must be acknowledged by signing and returning the document with the offeror's proposal.

1.9. VENDOR REGISTRATION

The successful Offeror must complete a vendor registration and W9 with the City of El Mirage Finance

Department.

1.10. RESPONSIVE BIDDER

An Offeror is a responsive bidder of the Offeror is determined by the Procurement Administrator to have submitted a proposal that conforms in all material respects to the requirements of the proposal documents.

1.11. RESPONSIBLE BIDDER

An Offeror is a responsible bidder if the Offeror is determined by the Procurement Administrator to have the following qualities:

A. The ability, capacity, experience and skill to provide the Goods and/or Services in accordance with proposal specifications;

B. The ability to provide the Goods and/or Services promptly, or within the time specified, without delay or interference;

C. the equipment, facilities and resources of such capacity and location to enable the Offeror to provide the Goods and/or Services;

D. The ability to provide future maintenance, repair, parts and service for the use of the Goods and/or Services purchased, if applicable;

E. The quality and adaptability of the materials, supplies or services required or necessary to the particular use; and

F. The financial resources to perform the Contract.

1.12. PROPOSAL EVAULATION

Award(s) will be made to the responsible and responsive Offeror(s) whose proposal(s) conforms in all material respects to the requirements and criteria set in the Request for Proposal. The City will be the sole judge as to the acceptability of the products, Goods, and/or Services offered.

During the evaluation process, the City of El Mirage reserves the right, where it may serve the City's best interest, to request additional information or clarifications from offeror. At the discretion of the City of

El Mirage, firms submitting proposals may be requested to make an oral presentation as part of the evaluation process.

If interviews are conducted, the Evaluation Committee will determine the Offerors best suited to meet the needs of the City based on scoring of the evaluation criteria. These Offerors will form the "Offeror

Short List" that may be invited for interviews.

Interviews may be conducted at City offices. Time limitations and presentation requirements will be provided with the "Offeror Short List" notification. Each Evaluation Committee member will score the interview. Interview scores will be sole determining factor for selection.

The City may elect, at its sole option, not to conduct interviews with Offerors. the City may request additional information or clarification of Offerors and hereby reserves the right to select the particular response to this Request for Proposal that it believes will best serve its business and operational requirements, considering the evaluation criteria.

1.13. EVALUATION CRITERIA

the following evaluation factors are listed in descending order of importance. Topics should be addressed in the following order for ease of evaluator interpretation and evaluation. The committee will evaluate and rank the offerors, based on the following criteria and weight in the RFP.

1.14. AWARD OF CONTRACT

A. Unless the prospective offeror states otherwise, or unless provided within this Request for

Proposal, the City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

B. A response to a Request for Proposal is an offer to contract with the City based upon the terms, conditions and specifications contained in the City's Request for Proposal and the written amendments thereto, if any. Proposals do not become contracts unless and until they are accepted by the City. The contract has its inception in the award document, eliminating a formal signing of a separate contract. For that reason, all of the terms and conditions of the procurement contracts are contained in the Request for Proposal; unless modified by a

Solicitation addendum or a Contract Amendment.

C. Notwithstanding any other provision of this Request for Proposal, The City expressly reserves the right to:

i. Waive any immaterial defect of informality;

ii. Reject any or all proposals, or portions thereof; and/or

iii. Reissue a Request for Proposal.

1.15. DISCUSSIONS

In accordance with City of El Mirage Procurement Code, after the initial receipt of proposals, discussions may be conducted with Offerors who submit proposals determined to be reasonable susceptible of being selected for award.

1.16. PROTEST

Firms wishing to protest a disqualification on a procurement outcome may file a protest pursuant to the

Arizona Administrative Code, Section R2-7-A901 through A911. Protest must be filed with the City of El

Mirage City Clerk's Office either within fourteen (14) days of the Notice of Intent to Award or ten (10) days after the procurement file is made available for public inspection, whichever is later.

2. Introduction

2.1. Summary

The intent of this solicitation is to establish a contract to provide personnel, materials, and equipment to perform street sweeping services for the City of El Mirage.The vendor shall provide routine street sweeping services for designated City of El Mirage roadways to remove dirt, debris, sediment, litter, and track-out materials. Services shall be performed in a safe, efficient, and professional manner to maintain roadway cleanliness, support stormwater quality goals, and enhance public safety.

2.2. Background

In accordance with City of El Mirage Procurement Code, proposals for Arterial Street Sweeping Services will be received by the City of El Mirage Purchasing Administrator at the specified location until 8:00 am.on Tuesday, October 13, 2026. Proposals received by the correct date and time shall be considered.

Proposals shall be in the actual possession of the City of El Mirage Administration on or prior to the exact date and time indicated above. Late proposals will not be considered, except as provided in the

City of El Mirage Procurement Code. Proposals shall be electronically submitted via the City's eProcurement Portal. Proposers are strongly encouraged to carefully read the entire Request for

Proposals Package.

2.3. Contact Information

Valerie Ojeda

Procurement Administrator

10000 N El Mirage Rd

El Mirage, AZ 85335

Email: vojeda@elmirageaz.gov

Phone: (623) 876-2953

Department:

Public Works

2.4. Timeline

Release Project Date September 11, 2026

Final Date for Inquires October 1, 2026, 1:00pm mailto:vojeda@elmirageaz.gov tel:(623)876-2953

Proposal Submission Deadline October 13, 2026, 8:00am

10000 N. El Mirage Rd.

El Mirage, AZ 85335

City Hall

Administration Building, OR Provide Zoom or TEAMS online address

Notice of Intent to Award Pending Council Approval

3. Scope of Work

3.1. Service Required

Service shall include furnishing all labor, equipment, tools, fuel, materials, insurance, supervision and all other items incidental thereto and to perform all work necessary as specified. The Contractor shall provide a yard for parking, maintenance and storage of all equipment at no expense to the City. The

Contractor shall provide street sweeping services as follows: on designated arterial streets as indicated by the City. All streets shall be swept in accordance to their designated cycle of 4 weeks.

3.2. Additional Services

During the term of this agreement or any extension thereof, the City may elect to increase or decrease the frequency or number of center line miles of street sweeping services. The stated increase or decrease shall be by written or electronic notification to the contract or the unit price for changes and/or additions shall be at the current contract unit pricing

3.3. Disposal

The Contractor shall transport and dispose of all sweepings in accordance with all County, State and

Federal requirements. Sweepings are not to be off loaded at temporary storage sites. The Contractor shall be solely responsible for any fees involved in disposal.

3.4. Hours of Operation

Standard operating hours for sweeping under this agreement shall be Monday through Friday, between the hours of 6:00 a.m. and 3:00 p.m.

3.5. Holidays

The following is a list of holidays on which contract service will not be performed:

New Year's Eve

New Year's Day

Martin Luther King Day

President’s Day

Memorial Day

Independence Day - July 4th

Labor Day - First Monday in September

Veteran's Day

Thanksgiving Holiday-Fourth Thursday and Friday in November

Christmas Eve

Christmas Day

When a holiday named herein falls on Saturday or Sunday special scheduling adjustments may be required. During the week of a holiday, the Contractor shall adjust the weekly schedule so as to return to the normal weekly schedule the following week. All such adjustments must be approved by the City.

Holiday sweeping schedules must be submitted to the City representative seven (7) days prior to a holiday. Holiday make up sweeping may not be required.

3.6. Weather Conditions

The City of El Mirage authorized representative reserves the right to be the sole judge if the weather is too inclement to sweep. When adverse weather interrupts sweeping, the Contractor shall adjust the work schedule to resume the normal weekly schedule the following week. The City reserves the right to direct schedule changes, made necessary due to inclement weather. In the event of a rain day, the

Contractor Field Supervisor shall obtain approval from the City representative for the days sweeping.

3.7. Contractor/City Communication

Local Office

Throughout the period of this contract, the Contractor shall establish and maintain an office/dispatch and an authorized managing agent in the Phoenix Metropolitan area. Contractor's managing agent shall serve as the point of contact for dealing and communications for the Contractor.

City Contract

The overall contract administrator for the City is the Procurement Administrator. For daily operations, the City’s point of contact will be the City of El Mirage authorized representative.

Field Supervisor

The Contractor shall have a Field Supervisor available via telephone and mobile response during all sweeping hours. The vehicle used by the Supervisor shall not be a sweeper.

The Field Supervisor shall be responsible for inspection of streets being swept to identify special requirements and deficiencies. When applicable, the Field Supervisor shall make contact with the City’s authorized representative for the purpose of exchanging information regarding days sweeping, including production and/or notable discrepancies.

The Field Supervisor shall notify the City seventy-two (72) hours in advance of weekly sweeping schedule. The Field Supervisor shall submit to the City's authorized representative a schedule showing areas and/or units complete at the end of each week.

Complaints and Requests for Service

Contractor's local office shall have 24 hour telephone service and a responsible person in charge

Monday through Sunday, to receive all complaints/requests for service forwarded by the employees of the City. All complaints shall be resolved in an expeditious manner within the following 24-hour period.

3.8. Contract Complaints and Deficiencies

Complaints Received by the City

The City will notify the Contractor by telephone and/or electronically of each contract complaint reported.

Reports of unsatisfactory performance and the area/unit shall be completed in its entirety and inspected, prior to being invoiced.

Complaints Received by Contractor

The Contractor shall electronically submit to the City authorized representative all complaints, on a daily basis. The complaint submitted shall include detailed information regarding the discrepancy, time, area and/or locations.

3.9. Contractor's Employees

Identification

Contractor's employees shall be required to wear a clean uniform bearing Contractor's name.

Employees who normally and regularly come into direct contact with the public shall bear some means of individual identification, such as a nametag or identification card.

Drivers License

Employees driving the Contractor's vehicles shall at all times possess and carry a valid Commercial

Drivers License issued by the State of Arizona.

Conduct

Contractor's employees and subcontractors shall not identify themselves as being employees of the City of El Mirage. If required, the City retains the right to require a particular operator to be removed from working on this contract.

3.10. Contractor's Equipment

Sweeping Equipment - Type, Quantity and Condition

The Contractor shall provide and maintain during the entire period of the contract, a fleet of not less than two (2) dustless type machine sweepers, with a filtering system capable of trapping particles in a ten (10) micron or smaller rated filter.

All vehicles must be maintained in good repair, appearance and sanitary condition at all times. The City reserves the right to inspect the Contractor's vehicles at any time to ascertain said condition. The City representative shall have the right to "shut down" immediately, upon inspection, any vehicle/sweeper deemed unsafe or unsatisfactory during performance of this contract.

The Contractor shall furnish the City with a list identifying all equipment to be used in fulfilling this agreement and notify the City of any additions or deletions. The list shall be submitted electronically/in writing to the City Representative.

The Contractor shall utilize a sweeper fleet of 2009 or newer models of latest design and construction and shall not be prototype models, upon implementation of this contract. Any changes in the

Contractor's sweeping equipment from the initial equipment must have prior approval of the City.

To meet PM-10 compliance, the sweeper fleet, with the exception of the on-call mechanical broom sweeper, shall meet the requirements of the South Coast Air Quality Management District (SCAQMD)

Rule 1186 list of Certified Street Sweepers. Refer to Attachment D. The entire Rule 1186 and 1186

Appendix A can be downloaded from the AQMD website at www.aqmd.gov/rules.

Equipment Identification https://www.aqmd.gov/rules

All vehicles and equipment used by the Contractor must be clearly identified with the name of the company, address of local office and phone number of local office on each side of the equipment.

Equipment Safety Requirements

All equipment must be equipped in accordance with State laws and shall be equipped with amber lens flasher visible for one (1) mile in a 360 degree pattern and six inch diameter hazard lights visible from the rear that operate independently of the brake lights. In addition arrow board (30" x 60") must be on all sweepers and be fully operational.

Minimum Sweeping Width Required

Equipment must be capable of sweeping a minimum eight-foot width as measured with all brooms in the sweeping position. Equipment without this capability is not acceptable.

Automatic Vehicle Location (AVL) –

Contractor shall provide a complete AVL for the purpose of monitoring street sweeping activities.

The AVL system shall be accessible via the internet on a secure website available to authorized City staff, with a login and password.

The AVL system shall include and initiate broadcasting data when brooms are activated or lowered to begin sweeping. Data shall be submitted at a minimum, to include but not be limited to, 30 second intervals to the secured website for monitoring.

In order for the City to monitor the efficiency of the street sweeping operation, the following information shall be provided by the AVL:

A. SPEED: The speed of the street sweeper during the street cleaning operation shall be monitored.

The AVL shall be able to determine when the street sweeper is performing the cleaning operation and report the vehicle speed. This speed shall be measured in one mile per hour increments. The AVL shall be able to measure speeds accurately from a minimum of 3 miles per hour to a maximum of 25 miles per hour.

B. TRACKING: The accuracy of the street sweeper’s location shall be to within 50 feet or less of the actual location. The AVL shall show the following but not limited - vacuum on, gutter or center brush down & working, and the location of a single vehicle or all the vehicles. It is preferred that the street sweeper’s location be displayed on street map window with user controlled sizing and placement.

C. MANAGEMENT REPORTS: As a minimum, daily management reports on all the street sweepers shall be provided by the AVL to include routes cleaned, the time of day the routes were cleaned.

In addition, a log type report of each occurrence, location, and the duration of the occurrence that the street sweeper was in excess of 8 miles per hour, while performing the cleaning operation.

D. RELIABILITY: The AVL – FMS shall maintain a 95% performance level.

E. COVERAGE: The AVL – FMS coverage area shall include all of Maricopa County.

F. FREQUENCY: All monitored functions shall be available upon the request of the City of EL Mirage authorized representative.

3.11. Standard Performance

Level of Cleanliness

Contractor shall remove all debris from all streets and radius every sweeping cycle. The Contractor shall make as many passes as necessary to accomplish the task. This action will include removal of spills of concrete, rock, gravel, accident debris, etc. Items of excessive size, such as cardboard, palm fronds, large gravel etc. shall be physically picked up and place in the hopper by the operator or other personnel.

Contractor shall clean all sidewalks and driveways as needed or as requested by the City authorized representative due to spilling, scattering or dropping of debris/refuse during sweeping activity.

3.12. Areas to be Cleaned

Arterial Streets

The entire length of all curbs (including median curbs and curb returns) uncurbed pavement edges and flush concrete or paved medians shall be swept each time the associated street is swept. The balance of each street shall be swept as needed. In any case, no debris shall be left anywhere on the street pavement after sweeping is completed.

3.13. Sweeping Practices

At all times the Contractor shall use good sweeping practices and shall exercise due care so as to prevent spilling, scattering or dropping of refuse throughout sweeping activity and shall immediately clean up such spillage, dropping or scattering. Sweeping practices include, but are not limited to:

• Adjust spray nozzles to keep dust, caused by sweeping, to a minimum.

• Center dirt reflector and main drag shoes shall be properly maintained and adjusted, or any other device designed to direct debris or dirt into the path of the rear broom.

• Sweeping speed shall be adjusted to street conditions with a maximum speed of eight (8) miles per hour. Patterned concrete medians, crosswalks and radius shall be swept at a maximum speed of three (3) miles per hour.

• Operate sweepers as close to parked cars or other obstacles as safety allows.

• Use common sense and good judgment at all times.

• A minimum of three (2) sweepers shall be required. Any deviation must be approved by City

Authorized Representative.

3.14. Routing and Sweeper Availability

The Contractor shall provide the City with route maps, and a weekly schedule weekly so to reflect the four (4 ) week cycles. . The Contractor shall keep such information current at all times. Sequence of sweeping shall be provided to the City no later than ten (10) days prior to the initiation of sweeping operations or changes in operation. The City reserves the right to request routing changes at any time.

Contractor shall use and provide the City a weekly spreadsheet to assist in managing the contract sweep schedule.

The total number of sweepers required (less standby units) shall be available for work a minimum of four (4) days per week during normal work hours. Each sweeper shall have its own regularly designated operator and scheduled route each day. The Field Supervisor will be required to report any and all sweeper breakdown and repairs to the City authorized representative immediately. This information shall also be reported on the daily written report. Contractor or Area Supervisor shall make comments into the remark section of the sweep schedule as to the reason a sweep was not on schedule.

The City considers that it is paying for immediate availability of each sweeper, between the hours of

6:00 a.m. and upon completion of routes, on any day a full route is scheduled, unless the City approves suspension of work due to inclement weather.

3.15. Construction related Problems and Storm Debris

Dirt and debris carried onto streets from identifiable construction sites is not considered the responsibility of the Contractor if located within 500 feet of the construction site. However, the

Contractor will be responsible for making four (4) separate passes in front of each site at a speed below the contract limit, regardless of the condition. The Contractor shall report construction areas daily to the

City authorized representative. The Contractor will be required to totally clean all debris carried by traffic to areas beyond 1,000 feet from responsibility. Storm clean up and sweeping must be completed as soon as possible. Night sweeping will be permitted upon City request for normal storm clean up, at no additional cost to the City.

3.16. Handling Deficencies

Deficiencies must be corrected within 24 hours of receipt of a deficiency notice. Failure of the

Contractor to do so will result in a deduction of not less than one (1) centerline mile from the next payment. Failure to correct the deficiency within 24 hours of the notice shall be considered failure to perform. Each area unsatisfactorily cleaned will be considered a separate deficiency unless located with the same continuous mile section on the same street.

3.17. Measurement for Payment

Regular Service

This service will be measured for payment by the total number of centerline miles swept satisfactorily.

The miles shall be calculated to the nearest hundredth of a mile. Intersections shall not be measured in both directions when routes cross.

Additional Service

Emergency call outs will be measured by the actual hours spent sweeping plus the shortest travel time either to or from the work site. Travel time longer than 30 minutes must be justified on the daily report.

The hours will be calculated to the nearest one-half hour (30 minutes). Special event sweeping shall be paid for by actual hours of sweeping. Response time for all emergency call outs shall be no longer than one (1) hour after initial contact.

3.18. Payment for Service

Regular Service

The Contractor must electronically invoice the City on a monthly basis for the amount of service actually performed. The Contractor invoices shall state the area and units swept and the number of center line miles swept thereon. If there are any deficiencies, which were not corrected, in the specified time, or units not completed due to adverse weather those areas and/or units shall be invoiced on the next billing cycle. Contractor shall not be paid for sweeps that do not meet schedule. Field Supervisor and vehicle cost will be considered incidental to the work.

Additional Service

The Contractor must invoice the City as needed for any additional service. The invoice must state the type service (emergency or special sweep).

3.19. Delivery

It shall be the Contractor’s responsibility to meet the City’s delivery requirements. The City reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor.

3.20. Usage Report

The Contractor, upon request, shall furnish the City a quarterly usage report delineating the acquisition activity governed by the Contract. The format of the report shall be approved by the City and shall disclose the quantity and dollar value of each contract item by individual unit.

3.21. Invoices and Payments

The Contractor shall submit two (2) legible copies of their detailed invoice before payment(s) can be made. At a minimum, the invoice must provide the following information:

• Company name, address and contact

• City bill-to name and contact information

• Contract Number

• City purchase order number

• Invoice number and date

• Payment terms

• Date of service or delivery

• Quantity (number of days or weeks)

• Description of Purchase (product or services)

• Pricing per unit of purchase

• Freight (if applicable)

• Extended price

• Mileage w/rate (if applicable)

• Arrival and completion time (if applicable)

• Total Amount Due

Problems regarding billing or invoicing shall be directed to, as listed on the Purchase Order.

4. Evaluation Critieria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Method of Approach Points Based 40 (40% of Total)

2. Similar Projects Completed Points Based 30 (30% of Total)

3. Price/Cost Points Based 30 (30% of Total)

5. Vendor Questionnaire

5.1. Have you read and agreed to all of the terms and conditions in the RFP* ☐ Please confirm

*Response required

5.2. Subcontractor's List *

*Response required

5.3. Please Provide your Certificates of Insurance. *

*Response required

5.4. Please Provide all Arizona License(s)*

*Response required

5.5. Please provide any additional information you would like for the City to consider.

5.6. Proposal *

Please upload your complete Proposal here.

*Response required

6. General Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY

RESULTANT CONTRACT

6.1. CERTIFICATION

a.) The submission of the offer did not involve collusion or other anti-competitive practices.

b.) The Contractor shall not discriminate against any employee or applicant for employment.

c.) The Contractor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor, or service to a public servant in connection with the submitted offer. Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any resulting contracts, and the vendor may be debarred.

6.2. BRIBES AND KICK-BACKS

The General Contractor shall not by any means:

a.) Induce any person or entity employed in the construction of the Project to give up any part of the compensation to which that person or entity is entitled;

b.) Confer on any governmental, public or quasi-public official having any authority or influence over the

Project, any payment, loan subscription, advance, deposit of money, services or anything of value, present or promised;

c.) Offer nor accept any bribes or kick-backs in connection with the Project from or to any individual or entity, including any of its trade contractors, subcontractors, consultants, suppliers or manufacturers of

Project goods and materials; or, d.) Without the express written permission of the Owner, call for or by exclusion require or recommend the use of any subcontractor, consultant, product, material, equipment, system, process or procedure in which the General Contractor has a direct or indirect proprietary or other pecuniary interest.

6.3. APPLICABLE LAW

In the performance of this agreement, contractors shall abide by and conform to any and all laws of the

United States, State of Arizona and City of El Mirage including but not limited to federal and state executive orders providing for equal employment and procurement opportunities, the Federal

Occupational Safety and Health Act and any other federal or state laws applicable to this agreement.

This contract shall be governed by the City. City and Contractor shall have all remedies afforded each by the Uniform Commercial Code, as adopted in the State of Arizona, except as otherwise provided in this contract or in statutes pertaining specifically to the City. This contract shall be governed by the laws of the State of Arizona. Any lawsuit pertaining to this contract may be brought only in courts in the State of

Arizona.

This contract is subject to the provisions of ARS §38-511; the City may cancel this contract without penalty or further obligations by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the City or any of its departments or agencies, is at any time while the contract or any extension of 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.

6.4. LEGAL REMEDIES

All claims and controversies shall be subject to resolution according to the terms of the City of El Mirage

Procurement Code. 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.

6.5. CONTRACT

The contract between the City and the Contractor shall consist of (1) the Solicitation, including instructions, all terms and conditions, specifications, scopes of work, attachments, price sheet(s) and any amendments thereto, and (2) the offer submitted by the Contractor in response to the solicitation. In the event of a conflict in language between the Solicitation and the Offer, the provisions and requirements in the Solicitation shall govern. However, the City reserves the right to clarify, in writing, any contractual terms with the concurrence of the Contractor, and such written contract shall govern in case of conflict with the applicable requirements stated in the Solicitation or the Vendor’s offer. The Solicitation shall govern in all other matters not affected by the written contract.

6.6. CONTRACT AMENDMENTS

This contract may be modified only by a written Contract Amendment signed by persons duly authorized to enter into contracts on behalf of the City and the Contractor.

6.7. CONTRACT APPLICABILITY

The Offeror shall substantially conform to the terms, conditions, specifications and other requirements found within the text of this Solicitation. All previous agreements, contracts, or other documents, which have been executed between the Offeror and the City are not applicable to this Solicitation or any resultant contract.

6.8. PROVISIONS REQUIRED BY LAW

Each and every provision of law and any clause required by law to be in the contract will be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the contract will forthwith be physically amended to make such insertion or correction.

6.9. SEVERABILITY

The provisions of this contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract, which may remain in effect without the invalid provision, or application.

6.10. RELATIONSHIP TO PARTIES

It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The

Contractor is advised that taxes or Social Security payments will not be withheld from any City payments issued hereunder and that the Contractor should make arrangements to directly pay such expenses, if any.

6.11. INTERPRETATION-PAROL EVIDENCE

This contract represents the entire agreement of the Parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this contract are hereby revoked and superseded by this contract. No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this contact. This contract may not be changed, modified or rescinded except as provided for herein, absent a written agreement signed by both Parties. Any attempt at oral modification of this contract shall be void and of no effect.

6.12. ASSIGNMENT-DELEGATION

No right or interest in this contract nor delegation of any duty of Contractor shall be made without prior written permission of the City.

6.13. SUBCONTRACTOR/SUPPLIER CONTRACTS

The Contractor shall enter into written contracts with its subcontractor(s) and supplier(s), if any, and those written contracts shall be consistent with this Contract for Construction. It is the intent of the

Owner and the Contractor that the obligations of the Contractor’s subcontractor(s) and supplier(s), if any, inure to the benefit of the Owner and the Contractor, and that the Owner be a third-party beneficiary of the Contractor’s agreements with its subcontractor(s) and supplier(s).

a.) The Contractor shall make available to each subcontractor and supplier, if any, prior to the execution of written contracts with any of them, a copy of the pertinent portions of this Contract for

Construction, including those portions of the Construction documents to which the subcontractor or supplier will be bound, and shall require that each subcontractor and supplier shall similarly make copies of applicable parts of such documents available to its respective subcontractor(s) and supplier(s).

b.) The Contractor shall engage each of its subcontractor(s) and supplier(s) with written contracts, which preserve and protect the rights of the Owner and include the acknowledgment and agreement of each subcontractor or supplier that the Owner is a third-party beneficiary of the contract. The

Contractor’s agreements with its subcontractor(s) and supplier(s) shall require that in the event of default under, or termination of, this Contract for Construction, and upon request of the Owner, the

Contractor’s subcontractor(s) and supplier(s) will perform services for the Owner.

c.) The Contractor shall include in its agreements with its subcontractor(s) and supplier(s) a provision which contains the acknowledgment and agreement of the subcontractor or supplier that it has received and reviewed the applicable terms, conditions and requirements of this Contract for Construction that are included by reference in its written contract with the Contractor, and that it will abide by those terms, conditions and requirements.

6.14. RIGHTS AND REMEDIES

No provision in this document or in the vendor’s offer shall be construed, expressly or by implication, as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of default or breach of contract. The failure of the City to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the City’s acceptance of and payment for materials or services, shall not release the Contractor from any responsibilities or obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict performance of the

Contract.

6.15. INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the

City, the State of Arizona, Maricopa County, any jurisdiction or agency issuing any permits for any work arising out of this Contract, and their respective agents, representatives, officers, directors, officials and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses and expenses (including but not limited to attorney fees, court costs, and the costs of claim processing, investigation, litigation, and appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the

Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract.

Contractor’s duty to defend, hold harmless and indemnify the City, State of Arizona, Maricopa County, any jurisdiction or agency issuing any permits for any work arising out of this Contract, and their respective agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury or personal injury, sickness, disease, death, or injury to, impairment, or destruction of tangible or intangible property including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. This indemnity includes any claim or amount arising out of or recovered under the

Workers’ Compensation Law or arising out of the failure of the Contractor or any of its subcontractors to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the Contractor from and against any and all claims. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.

6.16. OVERCHARGES BY ANTITRUST VIOLATIONS

The City maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the goods and services used to fulfill the Contract.

6.17. FORCE MAJEURE

Except for payment for 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; floods; 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. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract.

Force majeure shall not include the following occurrences:

a. ) Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences.

b.) Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Force Majeure term and Condition.

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. If either party is delayed at any time in the progress of the work by force majeure, then the delayed party shall notify the other party in writing of such delay within forty-eight

(48) hours commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand 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. The time of completion shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this contract.

6.18. RIGHT TO ASSURANCE

Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, he/she may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract.

6.19. RIGHT TO AUDIT RECORDS

The City may, at reasonable times and places, audit the books and records of any Contractor as related to any contract held with the City.

6.20. WARRANTIES

Contractor warrants that all material, service or construction delivered under this contract shall conform to the specifications of this contract. Unless otherwise stated in Contractor’s response, the City is responsible for selecting items, their use, and the results obtained from any other items used with the items furnished under this contract. Mere receipt of shipment of the material/service specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements may be set forth in the solicitation.

6.21. INSPECTION

All material and/or services are subject to inspection and acceptance by the City. Materials and/or services failing to conform to the specifications of this Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. The City may elect to do any or all of the following:

1. Waive the non-conformance.

2. Stop the work immediately.

3. Bring material into compliance.

This shall be accomplished by a written determination from the City.

6.22. TITLE AND RISK OF LOSS

The title and risk of loss of material and/or service shall not pass to the City until the City actually receives the material or service at the point of delivery, unless otherwise provided within this Contract.

6.23. NO REPLACEMENT OF DEFECTIVE TENDER

Every tender of materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole.

6.24. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH

Contractor shall deliver conforming materials in each installment and may not substitute nonconforming materials. Delivery of nonconforming materials or a default of any nature, at the option of the City, shall constitute a breach of the Contract as a whole.

6.25. SHIPMENT UNDER RESERVATION PROHIBITED

Contractor is not authorized to ship materials under reservation and no tender of a bill of lading will operate as a tender of the materials.

6.26. LIENS

All materials, service or construction shall be free of all liens, and if the City requests, a formal release of all liens shall be delivered to the City.

6.27. LICENSES

Contractor shall have at the time of bid submittal, and shall maintain in current status, all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. The conclusion of the issuing authority in each case is to be deemed conclusive for the purposes of complying with this provision. By submitting a bid for this public contract, you agree that, with respect to the contract, substantial compliance does not meet the minimum requirements of this or any provision hereof, or of any applicable law or other authority, and that strict compliance alone is adequate to meet those requirements, unless the City consents to such substantial compliance in writing at the time of bid submittal. The determination shall be made by the City.

6.28. PATENTS AND COPYRIGHTS

All services, information, computer program elements, reports and other deliverables, which may be patented or copyrighted and created under this contract are the property of the City and shall not be used or released by the Contractor or any other person except with the prior written permission of the

City.

6.29. PREPARATION OF SPECIFICATIONS BY PERSONS OTHER THAN CITY

PERSONNEL

All specifications shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in satisfying the City’s needs. No person preparing specifications shall receive any direct or indirect benefit from the utilization of specifications, other than fees paid for the preparation of specifications.

6.30. COST OF BID/PROPOSAL PREPARATION

The City shall not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner.

6.31. PUBLIC RECORD

All offers submitted in response to this solicitation shall become the property of the City and shall become a matter of public record available for review, subsequent to the award notification, in accordance with the City’s Procurement Code.

6.32. ADVERTISING

Contractor shall not advertise or publish information concerning this Contract, without prior written consent of the City.

6.33. DELIVERY ORDERS

The City shall issue a Purchase Order for the material and/or services covered by…