Common use of Commencement and Completion of Performance Clause in Contracts

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Response Services is required, ANAHEIM will send a written or electronic Work Order Package to all the pre-qualified contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified for the Work. If interested in performing the Work, CONTRACTOR, along with other pre-qualified contractors, shall submit an email indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order Proposal, and CONTRACTOR shall abide by all Work Order Proposal’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- established time and place as set forth in the Work Order Package. The Public Works Department will administer the bidding process and bid opening. The Public Works Department will select the qualified contractor based on the lowest total price to complete the Work within the time frame established in the Work Order Package. When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility Services Division, will administer the Immediate Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR is unable or unwilling to provide the Work in either a Work Order Package or Request, Contractor shall promptly notify ANAHEIM of such fact. 3. The nature of the Work is such that timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order Package, provide a detailed construction schedule upon submission of the sealed bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such delay is justified. The ANAHEIM Representative's determination shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in the event of CONTRACTOR’s failure to complete the Work by such date the amount specified in the Work Order Package or Request, or the sum of Two Hundred Fifty Dollars ($250.00) per calendar day as liquidated and actual damages for the delay, whichever is greater. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Response Services is required, ANAHEIM will send a written or electronic Work Order Package to all the pre-qualified contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified for the Work. If interested in performing the Work, CONTRACTOR, along with other pre-qualified contractors, shall submit an email indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order Proposal, and CONTRACTOR shall abide by all Work Order Proposal’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- established time and place as set forth in the Work Order Package. The Public Works Department will administer the bidding process and bid opening. The Public Works Department will select the qualified contractor based on the lowest total price to complete the Work within the time frame established in the Work Order Package. When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility Services Operations Division, will administer the Immediate Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR is unable or unwilling to provide the Work in either a Work Order Package or Request, Contractor shall promptly notify ANAHEIM of such fact. 3. The nature of the Work is such that timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order Package, provide a detailed construction schedule upon submission of the sealed bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such delay is justified. The ANAHEIM Representative's determination shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in the event of CONTRACTOR’s failure to complete the Work by such date the amount specified in the Work Order Package or Request, or the sum of Two Five Hundred Fifty Dollars ($250.00500.00) per calendar day as liquidated and actual damages for the delay, whichever is greater. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Emergency Response Services is required, ANAHEIM will send a written or electronic Work Order Package to all the pre-qualified contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified for the Work. If interested in performing the Work, CONTRACTOR, along with other pre-qualified contractors, shall submit an email a bid indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order ProposalPackage, and CONTRACTOR shall abide by all Work Order ProposalPackage’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- pre-established time and place as set forth in the Work Order Package. The Public Works Community Services Department will administer the bidding process and bid opening. The Public Works Community Services Department will select the most qualified contractor based on the lowest total price to complete the Work within the time frame established in the Work Order Package. When Immediate Emergency Response Services are required, ANAHEIM will contact via telephone, in order of rankingtelephone or email, pre-qualified contractors until the Immediate Emergency Response Service requirements have been satisfied. Under this Immediate Emergency Response Service process, ANAHEIM may or may not contact every pre-qualified CONTRACTOR. The Public Works Department, Fleet & Facility Community Services Division, Department will administer the Immediate Emergency Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request Notice to Proceed by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR receives a Work Order Package or Request from ANAHEIM but is unable or unwilling to provide the Work in either a Work Order Package or RequestWork, Contractor shall promptly notify ANAHEIM of such this fact. 3. The nature of the Work is such that makes timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order PackagePackage or Request, provide a detailed proposed construction schedule upon submission of the sealed in its bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. CONTRACTOR shall revise the construction schedule as requested by ANAHEIM, which has final approval. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM ANAHEIM’s Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall may be extended because for force majeure events. This Part III.B.6 is applicable to a Request only when ANAHEIM has specified a time period for completion of any delays due to Work within the Request. Force majeure events include unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- non-action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party CONTRACTOR could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM ANAHEIM’S Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative ANAHEIM’s Representative shall ascertain the facts and the extent of delay, delay and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such the delay is justified. The ANAHEIM Representative's determination of ANAHEIM’s Representative shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such this date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in In the event of CONTRACTOR’s failure to complete the Work by such the date the amount specified in the Work Order Package or Request, CONTRACTOR agrees to pay ANAHEIM liquidated damages for every calendar day delay beyond the completion date specified in the Work Order Package or the sum of Two Request an amount equal to either (a) Five Hundred Fifty Dollars ($250.00500.00) per calendar day as day; or (b) the liquidated and actual damages for the delayamount, whichever is greaterif any, specified in an applicable Work Order Package or Request. The foregoing sentence shall be subject to Part III.B.6 above. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM ANAHEIM’s Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Response Services is required, ANAHEIM will send a written or electronic Work Order Package to all the contractors pre-qualified contractorsin the "Service Category" applicable to that Work Order Package, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified for the WorkCONTRACTOR. If interested in performing the Work, CONTRACTOR, along with other pre-qualified contractors, shall submit an email a sealed bid indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order ProposalPackage, and CONTRACTOR shall abide by all Work Order ProposalPackage’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- pre-established time and place as set forth in the Work Order Package. The Public Works Department Electric Services Division will administer the bidding process and bid opening. The Public Works Department Electric Services Division will select the qualified contractor based on the lowest responsive total price bid to complete the Work within the time frame established in the Work Order Package. When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, telephone pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility Electric Services Division, Division will administer the Immediate Response Service process. If selectedawarded, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request by facsimile or email and shall commence performance of the Work as may be requested by the Electric Services Division in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR receives a Work Order Package or Request from ANAHEIM but is unable or unwilling to provide the Work in either a Work Order Package or RequestWork, Contractor CONTRACTOR shall promptly notify ANAHEIM of such fact. 3. The nature of the Work is such that timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order PackagePackage or Request, provide a detailed proposed construction schedule upon submission of the in its sealed bid for that Work Order Packagesets forth, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum minimum, each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. CONTRACTOR shall revise the construction schedule as requested by ANAHEIM, which has final approval. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM ANAHEIM's Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed agreed-upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM ANAHEIM's Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall may be extended because for force majeure events. This Part III.B.6 is applicable to a Request only when ANAEIM has specified a time period for completion of any delays due to Work within the Request. Force majeure events include unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, including but not restricted limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- non-action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM ANAHEIM's Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative ANAHEIM's Representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM ANAHEIM's Representative, such delay is justified. The ANAHEIM ANAHEIM's Representative's determination shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in In the event of CONTRACTOR’s failure to complete the Work by such date, CONTRACTOR agrees to pay ANAHEIM liquidated damages for every calendar day's delay beyond the completion date the amount specified in the Work Order Package or Request, or the sum of Two Request an amount equal to either (a) Five Hundred Fifty Dollars ($250.00500.00) per calendar day as or (b) the liquidated and actual damages for the delayamount, whichever is greaterif any, specified in an applicable Work Order Package or Request. The foregoing sentence shall be subject to Part III.B.6 above. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM ANAHEIM's Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Response Services is requiredServices, ANAHEIM will send a written or electronic Work Order Package to one (1) prequalified Contractor for work worth under $50,000.00, at least three (3) prequalified Contractor for work worth between $50,000.00 to $150,000.00, at least five (5) prequalified Contractor for work worth between $150,000.00 to $250,000.00 and all the pre-qualified contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified contractors for the Workwork worth between $250,000.00 to $500,000.00. If interested in performing the Work, CONTRACTOR, along with other pre-qualified contractors, CONTRACTOR shall submit an email a sealed bid indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order ProposalPackage, and CONTRACTOR shall abide by all Work Order ProposalPackage’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- established time and place as set forth in the Work Order Package. The Public Works Department will administer the bidding process and bid opening. The Public Works Department will select the most qualified contractor based on the lowest total price to complete the Work within the time frame established in the Work Order Package. When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility Engineering Services Division, will administer the Immediate Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request Notice to Proceed by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR receives a Work Order Package or Request from ANAHEIM but is unable or unwilling to provide the Work in either a Work Order Package or RequestWork, Contractor shall promptly notify ANAHEIM of such this fact. 3. The nature of the Work is such that makes timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order PackagePackage or Request, provide a detailed proposed construction schedule upon submission of the in its sealed bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. CONTRACTOR shall revise the construction schedule as requested by ANAHEIM, which has final approval. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM ANAHEIM’s Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall may be extended because for force majeure events. This Part III.B.6 is applicable to a Request only when ANAHEIM has specified a time period for completion of any delays due to Work within the Request. Force majeure events include unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- non-action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party CONTRACTOR could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM ANAHEIM’S Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative ANAHEIM’s Representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such the delay is justified. The ANAHEIM Representative's determination of ANAHEIM’s Representative shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such this date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in In the event of CONTRACTOR’s failure to complete the Work by such the date the amount specified specified in the Work Order Package or Request, CONTRACTOR agrees to pay ANAHEIM liquidated damages for every calendar day’s delay beyond the completion date specified in the Work Order Package or the sum of Two Request an amount equal to either (a) Five Hundred Fifty Dollars ($250.00500.00) per calendar day as day; or (b) the liquidated and actual damages for the delayamount, whichever is greaterif any, specified in an applicable Work Order Package or Request. The foregoing sentence shall be subject to Part III.B.6 above. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM ANAHEIM’s Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. 2.2.1 When Work under this Master Agreement other than Immediate Response Services is required, ANAHEIM the City will send a written or electronic Work Order Package to the Design-Builder and all Design-Build Competitors. The City will only accept proposals from the preDesign- Builder and the Design-qualified Build Competitors for Work Order Packages and will reject proposals submitted by all other contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified for the Work. If interested in performing the Work, CONTRACTORDesign-Builder shall submit, along with other preDesign-qualified contractorsBuild Competitors, shall submit an email a sealed proposal indicating cost and other information requested. In the alternative, CONTRACTOR Design-Builder shall submit an electronic sealed bid proposal when it is required by a Work Order ProposalPackage, and CONTRACTOR Design-Builder shall abide by all Work Order ProposalPackage’s electronic proposal requirements. ANAHEIM Proposals may be withdrawn by written notice to the Public Works Department for any reason at any time prior to the deadline set forth in a Work Order Package and the proposal guarantee for the proposal shall be returned. Timely withdrawal of a proposal shall not prejudice the right of a design-build contractor to timely file a new proposal. Nothing in this Chapter shall require the City to accept any proposal and the City hereby reserves the right to reject any and all proposals for a Work Order Package. 2.2.2 Each Work Order Package shall contain a minimum of the following: (1) the procedures to be followed for submitting Work Order Package, the criteria for evaluation of the Work Order Package and their relative weight, the procedure for selection of the Successful Proposer and the timing for making awards; (2) performance criteria; (3) a description of the project approach, work plan or other submittals to be submitted with a proposal, with guidance as to the form and level of completeness required; (4) a schedule for planned commencement and completion of the Work Order Package; (5) the minimum qualifications that the design-build contractor will be open either written required to possess to be deemed responsive; (6) essential design disciplines, construction trades or electronic bids at types of subcontractors that must be listed by the pre- established time design-build contractors in the proposal; and place (7) any other information that the Public Works Department in its discretion chooses to supply, including without limitation, surveys, soils reports, drawings or models of existing structures, environmental studies, photographs, or references to public records, including dissemination procedures for critical infrastructure information. 2.2.3 The selection criteria for the award of a Work Order Package may include, but not be limited to: (1) an evaluation of overall quality, capability, resource availability and financial stability of the design-build contractor; (2) an evaluation of references provided with respect to responsiveness, quality of work, timeliness and overall performance; (3) evaluation of the design-build contractors experience, training and qualifications on similar types and sizes of projects; (4) consideration of items such as price, proposed design approach, initial and/or life cycle costs, project features, quality, capacity, schedule, and operational and functional performance of the facility; (5) extent to which a design-build contractor’s proposal meets the Performance Criteria and other requirements set forth in a Work Order Package; (6) analysis of the cost relative to a design-build contractor’s ability to meet the Performance Criteria and other requirements set forth in the Work Order Package. 2.2.4 Depending on the number of proposals received for a Work Order Package, the Public Work Department may develop a “short list” of top ranked design-build contractors. The Public Work Department may require “short listed” design-build contractors to submit to an interview and/or make a presentation to establish a final ranking. 2.2.5 The Public Works Department will administer then begin negotiations with the bidding process top ranked design-build contractor. The negotiations may include but not be limited to project costs, scope, and bid openingschedule. If negotiations are unsuccessful, negotiations will cease with the top ranked design-build contractor and may begin with the next highest ranked design-build contractor. 2.2.6 The Public Works Department will select shall award a Work Order Package to the qualified design-build contractor based on whose proposal is determined to be the lowest total most advantageous to the City, taking into consideration price to complete and the Work within the time frame established evaluation factors set forth in the Work Order Package. When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility Services Division, will administer the Immediate Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR is unable or unwilling to provide the Work in either a Work Order Package or Request, Contractor shall promptly notify ANAHEIM of such fact. 3. The nature of the Work is such that timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order Package, provide a detailed construction schedule upon submission of the sealed bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such delay is justified. The ANAHEIM Representative's determination shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in the event of CONTRACTOR’s failure to complete the Work by such date the amount specified in the Work Order Package or Request, or the sum of Two Hundred Fifty Dollars ($250.00) per calendar day as liquidated and actual damages for the delay, whichever is greater. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. 2.2.1 When Work under this Master Agreement other than Immediate Response Services is required, ANAHEIM the City will send a written or electronic Work Order Package to the Design-Builder and all Design-Build Competitors. The City will only accept proposals from the preDesign- Builder and the Design-qualified Build Competitors for Work Order Packages and will reject proposals submitted by all other contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified for the Work. If interested in performing the Work, CONTRACTORDesign-Builder shall submit, along with other preDesign-qualified contractorsBuild Competitors, shall submit an email a sealed proposal indicating cost and other information requested. In the alternative, CONTRACTOR Design-Builder shall submit an electronic sealed bid proposal when it is required by a Work Order ProposalPackage, and CONTRACTOR Design-Builder shall abide by all Work Order ProposalPackage’s electronic proposal requirements. ANAHEIM Proposals may be withdrawn by written notice to the Public Works Department for any reason at any time prior to the deadline set forth in a Work Order Package and the proposal guarantee for the proposal shall be returned. Timely withdrawal of a proposal shall not prejudice the right of a design-build contractor to timely file a new proposal. Nothing in this Chapter shall require the City to accept any proposal and the City hereby reserves the right to reject any and all proposals for a Work Order Package. 2.2.2 Each Work Order Package shall contain a minimum of the following: (1) the procedures to be followed for submitting Work Order Package, the criteria for evaluation of the Work Order Package and their relative weight, the procedure for selection of the Successful Proposer and the timing for making awards; (2) performance criteria; (3) a description of the project approach, work plan or other submittals to be submitted with a proposal, with guidance as to the form and level of completeness required; (4) a schedule for planned commencement and completion of the Work Order Package; (5) the minimum qualifications that the design-build contractor will be open either written required to possess to be deemed responsive; (6) essential design disciplines, construction trades or electronic bids at types of subcontractors that must be listed by the pre- established time design-build contractors in the proposal; and place (7) any other information that the Public Works Department in its discretion chooses to supply, including without limitation, surveys, soils reports, drawings or models of existing structures, environmental studies, photographs, or references to public records, including dissemination procedures for critical infrastructure information. 2.2.3 The selection criteria for the award of a Work Order Package may include, but not be limited to: (1) an evaluation of overall quality, capability, resource availability and financial stability of the design-build contractor; (2) an evaluation of references provided with respect to responsiveness, quality of work, timeliness and overall performance; (3) evaluation of the design-build contractors and subcontractors’ experience, training and qualifications on similar types and sizes of projects; (4) consideration of items such as price, proposed design approach, initial and/or life cycle costs, project features, quality, capacity, schedule, and operational and functional performance of the facility; (5) extent to which a design-build contractor’s proposal meets the Performance Criteria and other requirements set forth in a Work Order Package; (6) analysis of the cost relative to a design-build contractor’s ability to meet the Performance Criteria and other requirements set forth in the Work Order Package. 2.2.4 Depending on the number of proposals received for a Work Order Package, the Public Work Department may develop a “short list” of top ranked design-build contractors. The Public Work Department may require “short listed” design-build contractors to submit to an interview and/or make a presentation to establish a final ranking. 2.2.5 The Public Works Department will administer then begin negotiations with the bidding process top ranked design-build contractor. The negotiations may include but not be limited to project costs, scope, and bid openingschedule. If negotiations are unsuccessful, negotiations will cease with the top ranked design-build contractor and may begin with the next highest ranked design-build contractor. 2.2.6 The Public Works Department will select shall award a Work Order Package to the qualified design-build contractor based on whose proposal is determined to be the lowest total most advantageous to the City, taking into consideration price to complete and the Work within the time frame established evaluation factors set forth in the Work Order Package. When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility Services Division, will administer the Immediate Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR is unable or unwilling to provide the Work in either a Work Order Package or Request, Contractor shall promptly notify ANAHEIM of such fact. 3. The nature of the Work is such that timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order Package, provide a detailed construction schedule upon submission of the sealed bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such delay is justified. The ANAHEIM Representative's determination shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in the event of CONTRACTOR’s failure to complete the Work by such date the amount specified in the Work Order Package or Request, or the sum of Two Hundred Fifty Dollars ($250.00) per calendar day as liquidated and actual damages for the delay, whichever is greater. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Response Services is requiredServices, ANAHEIM will send a written or electronic Work Order Package to all the pre-qualified prequalified contractors, including the CONTRACTOR CONTRACTOR, so long as CONTRACTOR is also pre- qualified prequalified for the Work. If interested in performing the Work, CONTRACTOR, along with other pre-qualified prequalified contractors, shall submit an email a bid indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order ProposalPackage, and CONTRACTOR shall abide by all Work Order ProposalPackage’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- established time and place as set forth in the Work Order Package. The Public Works Department will administer the bidding process and bid opening. The Public Works Department will select the most qualified contractor based on the lowest total price to complete the Work within the time frame established in the Work Order Package. When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility and Facilities Services Division, will administer the Immediate Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request Notice to Proceed by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR receives a Work Order Package or Request from ANAHEIM but is unable or unwilling to provide the Work in either a Work Order Package or RequestWork, Contractor shall promptly notify ANAHEIM of such this fact. 3. The nature of the Work is such that makes timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order PackagePackage or Request, provide a detailed proposed construction schedule upon submission of the in its sealed bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. CONTRACTOR shall revise the construction schedule as requested by ANAHEIM, which has final approval. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM ANAHEIM’s Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall may be extended because for force majeure events. This Part III.B.6 is applicable to a Request only when ANAHEIM has specified a time period for completion of any delays due to Work within the Request. Force majeure events include unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- non-action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party CONTRACTOR could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM ANAHEIM’S Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative ANAHEIM’s Representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such the delay is justified. The ANAHEIM Representative's determination of ANAHEIM’s Representative shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such this date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in In the event of CONTRACTOR’s failure to complete the Work by such the date the amount specified in the Work Order Package or Request, CONTRACTOR agrees to pay ANAHEIM liquidated damages for every calendar days delay beyond the completion date specified in the Work Order Package or the sum of Two Request an amount equal to either (a) Five Hundred Fifty Dollars ($250.00500.00) per calendar day as day; or (b) the liquidated and actual damages for the delayamount, whichever is greaterif any, specified in an applicable Work Order Package or Request. The foregoing sentence shall be subject to Part III.B.6 above. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM ANAHEIM’s Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Response Services is requiredServices, ANAHEIM will send a written or electronic Work Order Package to one (1) prequalified Contractor for work worth under $50,000.00, and all the pre-qualified contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified contractors for the Workall work over $50,000.00. If interested in performing the Work, CONTRACTOR, along with other pre-qualified contractors, CONTRACTOR shall submit an email a sealed bid indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order ProposalPackage, and CONTRACTOR shall abide by all Work Order ProposalPackage’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- established time and place as set forth in the Work Order Package. The Public Works Department Department, Traffic Management Center Group (“Department”) will administer the bidding process and bid opening. The Public Works Department will select the most qualified contractor based on the lowest total price to complete the Work within the time frame established in the Work Order Package. Sample Agreement When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility Services Division, Department will administer the Immediate Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request by facsimile or email and possible shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR receives a Work Order Package or Request from ANAHEIM but is unable or unwilling to provide the Work in either a Work Order Package or RequestWork, Contractor shall promptly notify ANAHEIM of such this fact. 3. The nature of the Work is such that makes timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order PackagePackage or Request, provide a detailed proposed construction schedule upon submission of the in its sealed bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. CONTRACTOR shall revise the construction schedule as requested by ANAHEIM, which has final approval. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM ANAHEIM’s Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM.. Sample Agreement 6. The time period(s) specified for performance of the Work Order Package or Request, shall may be extended because for force majeure events. This Part III.B.6 is applicable to a Request only when ANAHEIM has specified a time period for completion of any delays due to Work within the Request. Force majeure events include unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- non-action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party CONTRACTOR could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM ANAHEIM’S Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative ANAHEIM’s Representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such the delay is justified. The ANAHEIM Representative's determination of ANAHEIM’s Representative shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request.. Sample Agreement 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such this date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in In the event of CONTRACTOR’s failure to complete the Work by such the date the amount specified specified in the Work Order Package or Request, CONTRACTOR agrees to pay ANAHEIM liquidated damages for every calendar days delay beyond the completion date specified in the Work Order Package or the sum of Two Request an amount equal to either (a) Five Hundred Fifty Dollars ($250.00500.00) per calendar day as day; or (b) the liquidated and actual damages for the delayamount, whichever is greaterif any, specified in an applicable Work Order Package or Request. The foregoing sentence shall be subject to Part III.B.6 above. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM ANAHEIM’s Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Emergency Response Services is required, ANAHEIM will send a written or electronic Work Order Package to all the pre-qualified contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified for the Work. If interested in performing the Work, CONTRACTOR, along with other pre-qualified contractors, shall submit an email a bid indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order ProposalPackage, and CONTRACTOR shall abide by all Work Order ProposalPackage’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- pre-established time and place as set forth in the Work Order Package. The Public Works Community Services Department will administer the bidding process and bid opening. The Public Works Community Services Department will select the most qualified contractor based on the lowest total price to complete the Work within the time frame established in the Work Order Package. DRAFT When Immediate Emergency Response Services are required, ANAHEIM will contact via telephone, in order of rankingtelephone or email, pre-qualified contractors until the Immediate Emergency Response Service requirements have been satisfied. Under this Immediate Emergency Response Service process, ANAHEIM may or may not contact every pre-qualified CONTRACTOR. The Public Works Department, Fleet & Facility Community Services Division, Department will administer the Immediate Emergency Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request Notice to Proceed by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR receives a Work Order Package or Request from ANAHEIM but is unable or unwilling to provide the Work in either a Work Order Package or RequestWork, Contractor shall promptly notify ANAHEIM of such this fact. 3. The nature of the Work is such that makes timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order PackagePackage or Request, provide a detailed proposed construction schedule upon submission of the sealed in its bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. CONTRACTOR shall revise the construction schedule as requested by ANAHEIM, which has final approval. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM ANAHEIM’s Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM.. DRAFT 6. The time period(s) specified for performance of the Work Order Package or Request, shall may be extended because for force majeure events. This Part III.B.6 is applicable to a Request only when ANAHEIM has specified a time period for completion of any delays due to Work within the Request. Force majeure events include unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- non-action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party CONTRACTOR could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM ANAHEIM’S Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative ANAHEIM’s Representative shall ascertain the facts and the extent of delay, delay and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such the delay is justified. The ANAHEIM Representative's determination of ANAHEIM’s Representative shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such this date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in In the event of CONTRACTOR’s failure to complete the Work by such the date the amount specified in the Work Order Package or Request, CONTRACTOR agrees to pay ANAHEIM liquidated damages for every calendar day delay beyond the completion date specified in the Work Order Package or the sum of Two Request an amount equal to either (a) Five Hundred Fifty Dollars ($250.00500.00) per calendar day as day; or (b) the liquidated and actual damages for the delayamount, whichever is greater.if any, specified in an applicable Work Order Package or Request. The foregoing sentence shall be subject to Part III.B.6 above. DRAFT 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM ANAHEIM’s Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Response Services is required, ANAHEIM will send a written or electronic Work Order Package to all the pre-qualified contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified for the Work. If interested in performing the Work, CONTRACTOR, along with other pre-qualified contractors, shall submit an email indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order Proposal, and CONTRACTOR shall abide by all Work Order Proposal’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- established time and place as set forth in the Work Order Package. The Public Works Department will administer the bidding process and bid opening. The Public Works Department will select the qualified contractor based on the lowest total price to complete the Work within the time frame established in the Work Order Package. When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility Services Operations Division, will administer the Immediate Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR is unable or unwilling to provide the Work in either a Work Order Package or Request, Contractor shall promptly notify ANAHEIM of such fact. 3. The nature of the Work is such that timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order Package, provide a detailed construction schedule upon submission of the sealed bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of numberof personnel to be utilized for each phase, and the specific time required to complete each phase. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such delay is justified. The ANAHEIM Representative's determination shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in the event of CONTRACTOR’s failure to complete the Work by such date the amount specified in the Work Order Package or Request, or the sum of Two Five Hundred Fifty Dollars ($250.00500.00) per calendar day as liquidated and actual damages for the delay, whichever is greater. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM Representative by CONTRACTORXXXXXXXXXX, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Response Services is required, ANAHEIM will send a written or electronic Work Order Package to all the pre-qualified contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified for the Work. If interested in performing the Work, CONTRACTOR, along with other pre-qualified contractors, shall submit an email indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order Proposal, and CONTRACTOR shall abide by all Work Order Proposal’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- established time and place as set forth in the Work Order Package. The Public Works Department will administer the bidding process and bid opening. The Public Works Department will select the qualified contractor based on the lowest total price to complete the Work within the time frame established in the Work Order Package. When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility Services Operations Division, will administer the Immediate Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR is unable or unwilling to provide the Work in either a Work Order Package or Request, Contractor shall promptly notify ANAHEIM of such fact. 3. The nature of the Work is such that timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order Package, provide a detailed construction schedule upon submission of the sealed bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such delay is justified. The ANAHEIM Representative's determination shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in the event of CONTRACTOR’s failure to complete the Work by such date the amount specified in the Work Order Package or Request, or the sum of Two Hundred Fifty Dollars ($250.00) per calendar day as liquidated and actual damages for the delay, whichever is greater. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM Representative by CONTRACTORXXXXXXXXXX, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.

Commencement and Completion of Performance. 1. When Work under this Master Agreement other than Immediate Response Services is required, ANAHEIM will send a written or electronic Work Order Package to all the pre-qualified contractors, including the CONTRACTOR so long as CONTRACTOR is also pre- qualified for the Work. If interested in performing the Work, CONTRACTOR, along with other pre-qualified contractors, shall submit an email indicating cost and other information requested. In the alternative, CONTRACTOR shall submit an electronic sealed bid when it is required by a Work Order Proposal, and CONTRACTOR shall abide by all Work Order Proposal’s electronic proposal requirements. ANAHEIM will be open either written or electronic bids at the pre- established time and place as set forth in the Work Order Package. The Public Works Department will administer the bidding process and bid opening. The Public Works Department will select the qualified contractor based on the lowest total price to complete the Work within the time frame established in the Work Order Package. When Immediate Response Services are required, ANAHEIM will contact via telephone, in order of ranking, pre-qualified contractors until the Immediate Response Service requirements have been satisfied. Under this Immediate Response Service process, ANAHEIM may or may not contact CONTRACTOR. The Public Works Department, Fleet & Facility Services Operations Division, will administer the Immediate Response Service process. If selected, CONTRACTOR shall, as soon as reasonably possible, sign and return the Request by facsimile or email and shall commence performance of the Work as may be requested in a timely and expeditious manner until either (1) final completion and acceptance by ANAHEIM of the Work or (2) earlier suspension or termination of the Work in accordance with the provisions of this Master Agreement. 2. If CONTRACTOR is unable or unwilling to provide the Work in either a Work Order Package or Request, Contractor shall promptly notify ANAHEIM of such fact. 3. The nature of the Work is such that timely performance is critical to the orderly progress of related work and to the operating schedule of ANAHEIM. CONTRACTOR shall, if required under the applicable Work Order Package, provide a detailed construction schedule upon submission of the sealed bid for that Work Order Package, which schedule is satisfactory to ANAHEIM, which sets forth at a minimum each phase of the Work, the number of personnel to be utilized for each phase, and the specific time required to complete each phase. 4. If performance of the Work falls behind the schedule agreed upon by the Parties, CONTRACTOR shall, upon request by the ANAHEIM Representative, make reasonable efforts to accelerate its performance of the Work at no additional cost to ANAHEIM until performance of the Work conforms to the agreed upon schedule. 5. For both Work Order Packages and Requests, CONTRACTOR shall obtain approval from the ANAHEIM Representative prior to expenditure of any overtime which would result in extra cost to ANAHEIM. ANAHEIM reserves the right to refuse to pay overtime premiums when CONTRACTOR has the option to provide the Work at straight-time by utilizing additional personnel, consecutive shifts or other methods approved by ANAHEIM. 6. The time period(s) specified for performance of the Work Order Package or Request, shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONTRACTOR immediately notifies the ANAHEIM Representative in writing of the causes of the delay and the anticipated length of the delay. The ANAHEIM representative shall ascertain the facts and the extent of delay, and may extend the time for performing the Work Order Package or Request for the period of the enforced delay if, in the judgment of the ANAHEIM Representative, such delay is justified. The ANAHEIM Representative's determination shall be final and conclusive upon the Parties to this Master Agreement. In the event of delay, however caused, CONTRACTOR's sole remedy shall be an extension of the time of performance of the Work Order Package or Request, pursuant to this Section, and CONTRACTOR shall not be entitled to recover damages against ANAHEIM. Any change to the Work completion date shall be documented by a written Change Order to the Work Order Package or Request. 7. The Parties agree that time is of the essence in obtaining the Work and that it is essential that CONTRACTOR provide the Work by the date specified in each Work Order Package or Request. The Parties agree that in the event that the Work is not provided by such date, actual damages to ANAHEIM as a result of that failure would be impractical or extremely difficult to ascertain. Subject to the provisions of subpart 6 immediately above, therefor, CONTRACTOR agrees to pay ANAHEIM in the event of CONTRACTOR’s failure to complete the Work by such date the amount specified in the Work Order Package or Request, or the sum of Two Hundred Fifty Dollars ($250.00) per calendar day as liquidated and actual damages for the delay, whichever is greater. 8. A written statement requesting acceptance of the Work shall be submitted to the ANAHEIM Representative by CONTRACTOR, with a request for acknowledgment. The acknowledgment shall be executed by ANAHEIM within thirty (30) days after (1) ANAHEIM determines after final inspection that the Work has been satisfactorily completed, and (2) ANAHEIM has accepted the Work. Execution of the acknowledgment shall constitute final acceptance by ANAHEIM.