Anaheim City Council
September 26, 2023

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

CITY OF ANAHEIM GENERAL SERVICES AGREEMENT

CIVIL AND ELECTRICAL ENGINEERING AND TECHNICAL SERVICES

THIS CITY OF ANAHEIM GENERAL SERVICES AGREEMENT – CIVIL AND ELECTRICAL ENGINEERING AND TECHNICAL SERVICES (“Agreement”), dated for purposes of identification only this _____ day of __________, 2023, is made and entered into by and between the

CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as “ANAHEIM,”

AND

____________________, a _______________ [type of business, i.e., an individual, a partnership, a joint venture, a California corporation or some other business entity], hereinafter referred to as “CONSULTANT.”

ANAHEIM and CONSULTANT are sometimes individually referred to herein as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, ANAHEIM is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of Cal ifornia and the Charter of the City of Anaheim; and
WHEREAS, ANAHEIM desires to obtain the services of a consulting fi rm to provide professional electric al engineering, civil engineering and/or other consulting services on an as -needed basis to support ANAHEIM'S Public Utilities D epartment’s (“Department”) electric services projects and programs (collectively, the “Services”); and WHEREAS, ANAHEIM issued a Request for Proposal on ___________, 2023 (“Request for Proposal”) to obtain the Services of prequalified consultants; and WHEREAS, in respons e to the Request for Proposal, CONSULTANT submitte d a proposal dated ___________, 2023 (“Proposal”) to provide the Services; and //

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
WHEREAS, ANAHEIM has reviewed the P roposal from C ONSULTANT and has evaluated t he previous experience and the expertise of C ONSULTANT, and desires to prequalify CONSULTANT to render professional services under the terms and conditions set forth in this Agreement.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:

1. SERVICES TO BE PROVIDED BY CONSULTANT

1.1. In compliance with all of the terms and conditions of this Agreement, CONSULTANT shall provide to ANAHEIM all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Services when required by ANAHEIM. The Services are more particularly described in the General Scope of Work attached hereto as E xhibit A and incorporated herein by this reference (“General Scope of Work ”). In addition to the General Scope of Work, the Service s will also be described in a Request for Wor k Order Proposal (“RFWOP”) and in a Notice to Proceed . The General Scope of Work also includes those specific Service categories for which CONSULTANT has been prequalified to receive a RFWOP ( “Service Category”). ANAHEIM may elect to delete certain tasks from the General Scope of Work or the RFWOP at its sole discretion. The Services will not be performed by the C ONSULTANT until ANAHEIM selects CONSULTANT in accordance with the provisions of this Section 1 and issues a Notice to Proceed . If selected, CONSULTANT shall perform the Services as directed by ANAHEIM and in accordance with the RFWOP, the Notice to Proceed , and this Agreement . By entering into this Agreement, ANAHEIM does not give any guarantee to CONSULTANT that ANAHEIM will select CONSULTANT to provide any Services under this Agreement.

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

1.2. When Services are required, ANAHEIM will issue a hard copy or electronic RFWOP that provides a specific scope of work , schedule for completion of the Services, task specifications, the name of the Project Administrator, and other information specific to that RFWOP. ANAHEIM may, at its sole discretion, (a) issue a RFWOP for a specific Service Category or multiple Service Categories, or (b) open a RFWOP to all prequalified consultants regardless of Service Category. If a RFWOP requests proposals from a specific Service Category or multiple Service Categories and CONSULTANT is not prequalified for any Service Category indicated in that RFWOP, then CONSULTANT is not eligible for consideration and shall not submit a Work Order Proposal (as defined below). ANAHEIM does not give any guarantee to CONSULTANT that ANAHEIM will send a R FWOP for Services to CONSULTANT, or select CONSULTANT’s Work Order Proposal to provide Services, at any point during the Term of this Agreement (as defined in Section 2).

1.3. If a CONSULTANT is in an eligible Service Category and desires to be considered for a RFWOP, then w ithin the time stated in the RFWOP, CONSULTANT shall submit a sealed Work Order Proposal indicating the cost, task completion schedule, and other information requested in the RFWOP (“Work Order Proposal”). Unless ANAHEIM expressly requires o r allows a hard copy format, CONSULTANT shall submit an electronic sealed Work Order Proposal and abide by all RFWOP electronic proposal requirements.

1.4. Based on the criteria set forth in this Agreement, ANAHEIM will select a prequalified consultant to comple te the Services requested in any RFWOP.

ANAHEIM will issue a Notice to Proceed to the successful consultant that has submitted a Work Order Proposal . The Notice to Proceed and the RFWOP shall together constitute the “ Work Order .” If CONSULTANT fails to promptly commence work and/or diligently pursue a Work Order as set forth therein,

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
ANAHEIM may elect to terminate the Work Order and/or this Agreement.

1.5. CONSULTANT acknowledges that ANAHEIM intends to enter into as - needed agreements similar to this Agreement with other consultants . The Parties understand and agree that, in ANAHEIM’s consideration of Work Order Proposals submitted for a RFWOP, a Work Order will be awarded to the prequalified consultant that ANAHEIM determines is most qualified to provide the Services set forth in the RFWOP within the scheduled completion date based upon the following criteria:

A. Ability of the consultant to perform the specific tasks outlined in the RFWOP;
B. Qualifications of the specific individuals to perform the specific tasks outlined in the RFWOP;
C. Amount and quality of time key personnel will be involved in their respective portions of the Services outlined in the RFWOP; D. Reasonableness of the fee requested to provide the Services outlined in the RFWOP;
E. Demonstrated record of su ccess by the consultant on work previously performed for ANAHEIM or for other municipalities or e nterprises; and
F. The specific methods and techniques to be employed by the consultant in providing the Services outlined in the RFWOP.

1.6. In the event of conflicti ng provisions, the provisions shall govern in the following order:
(1) this Agreement, except for Exhibit A;
(2) the Notice to Proceed;
(3) the RFWOP;
(4) CONSULTANT’s Work Order Proposal; and
(5) Exhibit A to this Agreement.

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

2. TERM

2.1. The term of this Agreement shall commence on the date this Agreement is executed by ANAHEIM, and shall end on ____________, 2028, unless extended as provided in this Section 2 or Section 3.2, or terminated earlier as provided in Section 24 herein (“Initial Term” or, if not extended, “Term”).

2.2. If the Public Utilities General Manager ( “General Manager”), in their sole discretion, determines that an extension of Initial Term is necessary for the successful completion of the Services, then the General Manager is authorized to extend the Initial Term (upon the same terms and conditions ) for no more than two (2) one -year terms after the Initial Term. The “Term” of this Agreement consists of the Initial Term, plus any extensions pursuant to Section 2 or Section

3.2. 3. TIME OF PERFORMANCE

3.1. Time is of the e ssence in the performance of a Work Order , and CONSULTANT shall perform and complete those Services in accordance with the schedule included therein . If CONSULTANT fails to strictly adhere to the schedule, ANAHEIM may elect to terminate the Work Order and/or this Agreement.

3.2. A Project Administrator may extend the time for performing a Work Order if:
(1) Within ten (10) days of the commencement of a delay described in this Section 3.2, CONSULTANT gives the Project Administrator written notice of the causes of the delay; and
(2) The delay is due to unforeseeable causes beyond the control and without the fault or negligence of CONSULTANT, 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

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
embargoes, wars, litigation, civil disturbance or disobedience, labor disputes, labor or material shortages, sabotage, government prioriti es, 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; and
(3) CONSULTANT could not reasonably have been expected to avoid the delay by the exercise of due diligence; and
(4) CONSULTANT, by exercise of due diligence, has not been able to overcome the delay; and
(5) The Project Administrator ascertains the facts and the extent of d elay, and in their sole judgment, determines such delay is justified.

3.3. If the Project Administrator grants an extension pursuant to Section 3.2 above, then th e extension may be for up to the same time as the duration of the enforced delay.

3.4. The Project Adm inistrator’s determination shall be final and conclusive upon the P arties to this Agreement . In the event of delay, however caused, CONSULTANT’s sole remedy shall be an extension of the time of performance of the Work Order , pursuant to this Section 3, and CONSULTANT shall not be entitled to recover damages against ANAHEIM.

4. COMPENSATION

4.1. The Parties understand and agree that full and complete payment for all Services provided in accordance with this Agreement shall not exceed the sum of Five Hundred Thousan d Dollars ($ 500,000.00) per Work Order (“Maximum Work Order Amount”) for the Services described in a single RFWOP. In addition, the Parties agree to a not-to exceed limit on the total amount awarded to a ny one consultant of One Million, Five Hundred Thousa nd Dollars ($1,500,000.00) for each fiscal year, where the fiscal year shall begin on July 1 st and end on June 30th.

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
Except as provided in this Section 4 , ANAHEIM shall pay the Work Order Amount (defined below) in the manner set forth in the Work Order.

4.2. The Parties understand and agree that each RFWOP will request a not-to- exceed amount for the Services described in the RFWOP , and each Work Order Proposal will provide the CONSULTANT ’s rate sheet. The Work Order sets the “Work Order Amount,” which is the ma ximum compensation a Consultant may receive for Services performed pursuant to the Work Order. Consultant shall not exceed the Work Order Amount unless otherwise authorized by this Section 4.

CONSULTANT shall perform the Services at the rates set forth in its Work Order Proposal’s rate sheet , and shall not change the rates without ANAHEIM’s prior written approval.

4.3. If a Work Order provides for the reimbursement of expenses or subconsultant fees , ANAHEIM shall reimburse CONSULTANT for only those out-of-pocket expenses set forth in the Work Order . Unless the additional reimbursable expenses are first approved in writing by ANAHEIM , reimbursable expenses or subconsultant fees invoiced to ANAHEIM shall not exceed any cap on reimbursable expenses or subconsultant fees set forth in the Work Order.

4.4. The Parties understand and agree that the Maximum Work Order Amount amount established in Section 4.1 is inclusive of all reimbursable expenses and subconsultant fees.

4.5. If the General Manager or designee, in their sole discretion, determines that Extra Work (defined below) is necessary for the successful completion of a Work Order, then the General Manager or designee may approve additional expenditures for the Extra Work. Such additional expenditures shall not exceed fifteen percent (15%) of the Work Order Amount stated in the Work Order for which the General Manager or designee approved Extra Work.

A. CONSULTANT shall not render Extra Work be yond the scope of a Work Order without the written authorization of the General Manag er

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
or designee.

B. All Extra Work approved in writing by the General Manager or designee shall, at ANAHEIM’s sole discretion, be billed either at the rates set forth in the Work Order or at a fixed price. If billed at a fixed price, CONSULTANT shall provide A NAHEIM with general
description of the Extra Work to be performed and a proposed price .

When the General Manager or designee has approved the Extra Work , has agreed to a fixed price for the Extra Work , and has notified CONSULTANT of such approval and agree ment in writing,
CONSULTANT shall perform the Extra Work.

C. As used herein, “ Extra Work ” means any work that : (1) ANAHEIM determines is necessary for the p roper completion of the Services contained in the Work Order ; (2) but which is not included in a RFWOP; and (c) which the Parties did not reasonably anticipate would be necessary at the time of the issuance of the Work Order.

4.6. Except as indicated in a Work Order, after the issuance of a Work Order , CONSULTANT shall submit monthly invoices to ANAHEIM describing the work performed the prece ding month. CONSULTANT’s invoices shall include the name of the person who performed the work, a brief description of the Services performed and/or the specif ic task in the Work Order to which it relates, the date the S ervices were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures or subconsultant fees . CONSULTANT shall invoice ANAHEIM for the Services rendered pursuant to this Agreement in accordance with the hourly rates and other costs set forth in CONSULTANT’s rate sheet. ANAHEIM shall pay CONSULTANT no later than thirty (30) days after approva l of the monthly invoice by ANAHEIM staff. Unless the General Manager has approved Extra Work on a Work O rder, t he total amount of all invoices submitted for a Work

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
Order shall not exceed the Work Order Amount.

4.7. All Parties recognize that the continuation of this Agreement or any Work Order after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 th of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in the budget. ANAHEIM does not represent that the budget or any particular budget item will be adopted, since budget determinations are made by the Anaheim City Council at the time of the consideration of each budget . No penalty shall accrue to ANAHEIM in the event this provision is exercised. Should termination of this Agreement or Work Order be required in accordance with this Section 4.7, the Parties will negotiate a settlement based on items delivered, S ervices provided, monies paid and monies due.

5. PROJECT MANAGER

5.1. Within the Work Order Proposal , CONSULTANT shall designate a Project Manager, who shall coordinate the Services . This Project Manager shall be available to ANAHEIM at all reasonable times during the performance period of the Work Order . The foregoing Project Man ager shall be responsible for directing all activities of C ONSULTANT and devoting sufficient time to personally supervi se the provision of Services . Unless ANAHEIM provides express written consent, CONSULTANT shall not change its Project Manager or assign other personnel to supervise the Services to be provided pursuant to this Agreement.

5.2. CONSULTANT’s employees or subconsultants, if any, who fail or refuse to perform the Services in a manner acceptable to ANAHEIM, or who are determined by ANAHEIM, at its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely completion of th e Services set forth in a Work Order , or a threat to the safety of persons or property, shall be promptly removed from those Services by CONSULTANT upon request by

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
ANAHEIM. CONSULTANT warrants that it will continuously furnish the necessary personnel to complete the Work Order on a timely basis.

5.3. The Project Manager and all of CONSULTANT’s employees shall be fully qualified and licensed for the Services set forth in the Work Order.

6. ADMINISTRATION

6.1. The Department will administer this Agreement. The Department shall assign a project administrator at the time it issues a RFWOP ( “Project Administrator”). The Project Administrator shall have the power to act on behalf of ANAHEIM for review and approval of all S ervices performed by CONSULTANT. The Project Administrator is not authorized to terminate the Services performed pursuant to this Agreement.

6.2. ANAHEIM's General Manager is authorized to take any action the Project Administrator may take, replace the Project Administrator by notifying CONSULTANT in writing, approve Ext ra Work, if any, in accordance with Section 4 of this Agreement, and terminate this Agreement or the Work Order in accordance with Section 24 of this Agreement.

7. STANDARD OF CARE

7.1. CONSULTANT shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. CONSULTANT represents and maintains that it and its employees are skilled in the professional calling necessary to perform the Services.

CONSULTANT warrants that all employees and subconsultants, if any, shall have sufficient skill and experience to perform the Services assigned to them. By delivery of completed work performed pursuant to a Work Order , CONSULTANT certifies that the work conforms to the requirements of this Agreement; the Work Order ; all applicable federal, state, and local laws ; and the applicable standard of care.

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

7.2. CONSULTANT represents and warrants to ANAHEIM that it and its employees have, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of CONSULTANT and its employees to practice its profession. CONSULTANT shall maintain a City of Anaheim business license during the term of this Agreement.

8. INDEPENDENT CONTRACTOR

8.1. Neither ANAHEIM nor any of its employees shall have any control over the manner, mode, or means by which CONSULTANT , its agents or employees, perform the Services , except as otherwise set forth herein. Except as expressly provided herein, ANAHEIM shall have no voice in the selection, discharge, supervision, or control of CONSULTANT’s employees, servants, representatives or agents, or in fixing their number, compensation, or hours of service.

CONSULTANT shall perf orm the Services as an independent contractor of ANAHEIM and shall remain at all times , as to ANAHEIM, a wholly independent contractor with only such obligations as are consistent with that role.

CONSULTANT shall not at any time, or in any manner, represent that it or any of its agents or employees are agents or employees of ANAHEIM . ANAHEIM shall not in any way or for any purpose become or be deem ed to be a par tner of CONSULTANT in its business or otherwise or a joint venturer or a member of any joint enterprise with CONSULTANT.

8.2. In consideration for the compensation to be paid to CONSULTANT by ANAHEIM, CONSULTANT agrees that ANAHEIM shall not be liable or responsible for any benefits, including, but not limited to, worker’s compensation, disability, retirement, life, unemployment, health or any other benefits , and CONSULTANT agrees that it shall not sue or file a claim, petition or application therefor against AN AHEIM or any of its officers, employees, agents, representatives or sureties.

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

9. INSURANCE

9.1. Without limiting ANAHEIM’S right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:

A. Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence/accident/illness/injury.

B. Commercial Genera l Liability Insurance , including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, as well as Independent Consultant’s Liability where appropriate, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form . Such insurance shall be written on a primary basis but may include a deductible or self-insured retention of more than $10,000 per occurrence, provided that such deductibl e or self-insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement.

C. Commercial Automobile Liability Coverage including—as applicable—owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit, as required by California law.

D. Professional Liability Insurance , inclusive of Cyber Liability Insurance, in an amount not less than $2,000,000 per occurrence or per claim. Such insurance shall be written on a primary basis, but may include a deductible or self -insured retention of more than $10,000, provided that such deductible or self -insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement.

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

9.2. Any required coverage written with primary and excess laye rs to satisfy the minimum requirements of this Agreement must be submitted for approval by ANAHEIM’s Risk Manager prior to the inception of the final Agreement.

9.3. CONSULTANT agrees that this insurance shall not be voluntarily cancelled by CONSULTANT or limited in scope or coverage by CONSULTANT until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non- payment of premium, which requi res notice of not less than ten (10) days.

9.4. Each insurance policy required by this Agreement, except policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:

A. “It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City of Anaheim.”
B. “The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM- designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.”

9.5. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies .

Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.

9.6. In addition to other remedies ANAHEIM m ay have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:

A. Order CONSULTANT to stop work under this Agreement and/or withhold any paym ent(s) that become due to CONSULTANT
hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or
B. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is n ot the exclusive remedy for CONSULTANT’S failure to maintain insurance or secure appropriate endorsements.

9.7. Nothing herein contained shall be construed in any way as limiting the extent that an CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’S, (or CONSULTANT’S

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
agent or sub-agent, if any) performance of the work covered under this Agreement.

9.8. In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, C ONSULTANT shall ensure (i) that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (except for firms that are not performing professional services —such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, CONSULTANT shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.

9.9. ANAHEIM’S Risk Manager is hereby authorized to amend the requirements set forth herein in the event that such reduction is in ANAHEIM’S best interest.

10. INDEMNIFICATION

10.1. As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, directly arising out of the negligent acts, errors or omissions of the CONSULTANT or any sub- agent in the performance of professional services under this Agreement.

10.2. As respects all acts, errors or omissions that do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM'S option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense

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FAX (714) 765-5123
costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONSULTANT’S (or CONSULTANT'S agent or sub -agent, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims that arise out of the sole negligence or willful misconduct of ANAHEIM.

10.3. The obligations set forth in this Indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person maintains, or fails to maintain, insurance coverage, or a self -insurance program, for any s uch Claims; and (ii) shall survive the termination of this Agreement.

11. PREVAILING WAGES

11.1. By execution of this Agreement, CONSULTANT certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., the California Code of Regulations, Title 8, Section 16000 et seq. and the Davis-Bacon Act (“Prevailing Wage Laws ”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works ” and “maintenance” projects. It sha ll be CONSULTANT ’s sole obligation to determine whether and to what extent , if any, the Prevailin g Wage Laws apply to the Services . If CONSULTANT determines the Services are being performed as part of an applicable “public works ” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation for the Services is $1,000 or more, CONSULTANT shall fully comply with the Prevailing Wage Laws. Copies of the prevailing rate of per diem wages are on file at the City of Anaheim, Offic e of the City Clerk, 200 South Anaheim Boulevard, Anaheim, California 92805, and are available to any interested party on request. If the Prevailing Wage Laws apply to the Services, CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon

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200 S. ANAHEIM BOULEVARD, SUITE 356
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(714) 765-5169
FAX (714) 765-5123
request and shall post copies at the CONSULTANT’s principal place of business and at the project site. C ONSULTANT shall defend, indemnify and hold ANAHEIM, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

11.2. The Parties understand and agree that if, and when, the Prevailing Wage Laws apply to the Services, CONSULTANT shall comply with the express requirements of Labor Code Sections 1725.5, 1771.1, 1771.4 and 1776, including but not limited to the contractor and subcontractor registr ation and requirements related to certified payroll records.

12. PROGRESS
CONSULTANT is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Services , activities performed and planned, and any meetings that have been scheduled or are desired.

13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The P arties recognize that a substantial inducement to ANAHEIM for entering into this Agreement is the professional reputation, experience, and competence of CONSULTANT. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assigned, transferred, or encumbered in any way without the prior written consent of ANAHEIM . Any purported assignment, transfer, encumbrance, pledge, subuse, or permission given without ANAHEIM’s consent shall be void as to A NAHEIM. If ANAHEIM approves an assignment or transfer, then this Agreement and the covenants and conditions contained herein shall be binding upon, and inure to the benefit of, and shall apply to, the approved successors and assigns of CONSULTANT.

14. SUBCONTRACTING
Except for those subcontractors set forth in CONSULTANT’s Work Order Proposal, if any, CONSULTANT shall not subcontract any portion of the work to

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200 S. ANAHEIM BOULEVARD, SUITE 356
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(714) 765-5169
FAX (714) 765-5123
be performed under this Agreement without the prior written authorization of the General Manager or Project Administrator . CONSULTANT shall be fully responsible to ANAHEIM for all acts and omissions of any approved subcontractor. Nothing in this Agreement shall cr eate any contractual relationship between ANAHEIM and any subcontractor, nor shall it create any obligation on the part of ANAHEIM to pay, or to see to the payment of , any monies due to any subcontractor other than as otherwise required by law. ANAHEIM is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between the subcontractor and ANAHEIM pursuant to this Agreement.

15. USE AND OWNERSHIP OF DOCUMENTS AND DATA

15.1. ANAHEIM shall furnish to CONSULTANT all documents and materials as may be relevant and pertinent to the provision of Services hereunder as ANAHEIM may possess or acquire.

15.2. All documents and materials furnished by ANAHEIM to CONSULTANT under Section 15.1 shall remain the property of ANAHEIM and shall be returned to ANAHEIM upon the earlier of the termination of this Agreement , for any reason, or the complet ion of a Work Order . All documents or materials prepared or caused to be prepared by CONSULTANT, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of ANAHEIM, and ANAHEIM shall have the sole right to use such documents and materials in its discretion without further compensation to CONSULTANT or any other person or entity . CONSULTANT shall, at CONSULTANT’s sole cost and expense, provide such documents and material s to ANAHEIM upon prior written request.

15.3. Documents and material s prepared by CONSULTANT pursuant to this Agreement are not intended or represented to be suitable for reuse by ANAHEIM or others on any other project. Any use of completed documents for other projects

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200 S. ANAHEIM BOULEVARD, SUITE 356
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(714) 765-5169
FAX (714) 765-5123
and any use of incomplete documents without specific written authorization from CONSULTANT will be at ANAHEIM’s sole risk and without liability to CONSULTANT. Further, liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by ANAHEIM or persons other than CONSULTANT is waived as against CONSULTANT, and ANAHEIM assumes full responsibility for such changes unless ANA HEIM has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

16. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes , ideas, and communications that result from the S ervices provided under this Agreement, shall be kept confidential by CONSULTANT unless ANAHEIM authorizes , in writing, the release of such information.

17. INTELLECTUAL PROPERTY INDEMNITY
CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to ANAHEIM pursuant to this Agreement.

18. FISCAL RECORDS AND AUDIT

18.1. CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement.

18.2. CONSULTANT shall use recognized accounting methods in preparing such records and invoices. ANAHEIM r eserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm who shall have the right to audit CONSULTANT's accounting procedures and internal controls of CONSULTANT's financi al systems and to examine any cost, revenue, payment, claim, other records or

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200 S. ANAHEIM BOULEVARD, SUITE 356
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(714) 765-5169
FAX (714) 765-5123
supporting documentation resulting from any items set forth in this Agreement. If CONSULTANT fails to provide supporting documentation satisfactory to ANAHEIM for costs charged, then CONSULTANT agrees to reimburse ANAHEIM for those costs. Any audit(s) shall be undertaken by ANAHEIM or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. CONSULTANT agrees to fully cooperate with any audit(s).

18.3. This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of f inal payment under a Work Order . CONSULTANT agrees to retain all necessary records/documentation for the entire length of this audit period.

18.4. CONSULTANT will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of CONSULTANT’s i nvoices and/or records shall be made within thirty (30) days from presentation of ANAHEIM’s findings to CONSULTANT. If CONSULTANT fails to make a required payment, CONSULTANT agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date CONSULTANT reimburses ANAHEIM for any exception(s ). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by CONSULTANT to ANAHEIM in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of ANAHEIM 's audit shall be reimbursed to ANAHEIM by CONSULTANT. CONSULTANT reserves the right to contest any exception.

19. WITHHOLDINGS
ANAHEIM may withhold payment to CONSULTANT of any disputed sums until satisfaction of the dispute with respect to the withheld pay ment. Such a

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT shall not discontinue work pending resolution of a disputed sum resulting in a withholding. CONSULTANT shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investments during the time period of the dispute, starting on the earliest date of ANAHEIM's withholding of any amounts later found, by the City Manager or a court of competent jurisdiction, to have been improperly withheld.

20. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of CONSULTANT which result in expense to ANAHEIM greater than what would have resulted if there were not errors or omissions in the work accomplished by CONSULTANT, the additional cost and expense shall be borne by CONSULTANT. Nothing in this paragraph is intended to limit ANAHEIM’s rights under the law or any other sections of this Agreement.

21. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS
CONSULTANT acknowledges and agrees that this Agreement and the provision of services he reunder are nonexclusive and that ANAHEIM may enter into similar agreements with other entities for the provision of similar services.

22. CONFLICTS OF INTEREST

22.1. CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the “ Act”), which: (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement; and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

22.2. If subject to the Act, CONSULTANT shall conform to all requirements of

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ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by ANAHEIM . CONSULTANT shall indemnify and hold harmless ANAHEIM for any and all claims for damages resulting from CONSULTANT’s violation of this Section.

22.3. Unless otherwise allowed by law, CONSULTANT shall not bid on ANAHEIM construction bid packages if CONSULTANT’s Services rendered pursuant to this Agreement produce design work that is subsequently used, in whole or in part, in ANAHEIM’s preparation of the construction bid package.

23. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either ANAHEIM or CONSULTANT to the other shall be deemed to have been given when in hardcopy and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certifie d or registered, postage prepaid, and addressed to the respective Parties at the following addresses:

If to ANAHEIM: City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105

With copies to: Public Utilities General Manager
City of Anaheim
201 S. Anaheim Blvd., Suite 1101
Anaheim, CA 92805
FAX No. (714) 765-4138

To CONSULTANT: [CONSULTANT’s Legal Name]
[CONSULTANT’s Street Address]
[City, State ZIP]
Attention: [CONSULTANT’s Representative]
FAX No. [CONSULTANT’s FAX No.]

24. ENFORCEMENT OF AGREEMENT

24.1. Events of Default.

A. For purposes of this Section 24, the word “ Default” shall mean the failure of CONSULTANT to perform any of CONSULTANT’s duties

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
or obligations or the breach by CONSULTANT of any of the terms and conditions set forth in this Agreement or any Work Order . In addition, CONSULTANT shall be deemed to be in Default upon CONSULTANT’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petit ion under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of CONSULTANT’s assets or of CONSULTANT’s interests hereunder.

B. ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and until ANAHEIM has failed to perform an obligation for a period of thirty (30) days after receipt of written notice from CONSULTANT specifying in reasonable detail the nature and extent of ANAHEIM’s failure; p rovided, however, that if the nature of ANAHEIM’s obligation is such that more than thirty (30) days are required for its performance, then ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure its performance within a thirty (30) day period and thereafter diligently prosecute the same to completion.

24.2. Immediate Termination for CONSULTANT’s Default. In the event of any Default by CONSULTANT, ANAHEIM may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
CONSULTANT of written notice from ANAHEIM. In such event, CONSULTANT shall have no further rights hereunder, including the performance of the Services set forth in a Work Order , and ANAHEIM shall have all other rights and remedies as provided by law. For any Default involving a breach of the requirements of a Work Order , ANAHEIM, at its sole discretion, may instead immediately terminate that Work O rder. In such event, CONSULTANT shall have no further rights hereunder, regarding the perfo rmance of t he Services set forth in the terminated Work Order , and ANAHEIM shall have all other rights and remedies as provided by law.

24.3. Termination Without Cause. ANAHEIM may terminate this Agreement at any time without the necessity of cause or Default by giving seven (7) days ’ notice in writing to CONSULTANT. In such event, the Parties shall have no further rights hereunder, except that CONSULTANT shall be paid for all services adequately rendered prior to such termination. CONSULTANT may not terminate this Agreement except for cause.

24.4. Suspension, Postponement or Abandonment of a Work Order. A Work Order may be suspended or abandoned by ANAHEIM for any reason, with or without notice. If any part of the Services of a Work Order is suspended or abandoned for any reason, ANAHEIM shall have the right to suspend or terminate the a ffected portions(s) of the Work Order, including the entire Work Order. In the event of such suspension or termination, CONSULTANT shall only expend additional time as is necessary to as semble the work in progress for the purpose of properly filing and closing the job and as is previously approved by Project Administrator. In no event shall additional time exceed ten percent (10%) of the total time ex pended on the suspended or abandoned portion of the Work Order prior to the date of notice of suspension or abandonment . If ANAHEIM suspends a RFWOP ’s Services for longer than six (6) months, then CONSULTANT may cancel the Work O rder by giving ANAHEIM at least thirty

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
(30) days’ written notice.

25. COMPLIANCE WITH ALL LAWS

25.1. CONSULTANT shall at its own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by CONSULTANT shall conform to all applicable local, county, state, and federal laws, rules, regulations, and permit requirements.

All work prepared by CONSULTANT shall be subject to approval by the Project Administrator.

25.2. When CONSULTANT is present at the project site, ANAHEIM’s representative may enter the project site to make reasonable inspections to monitor compliance with the applicable laws, rules, and regulations, and with the terms of this Agreement. CONSULTANT s hall at all times maintain proper facilities and provide safe access for inspection by ANAHEIM’s representative to all areas in which it operates.

25.3. If ANAHEIM’s representative identifies an occurrence of CONSULTANT’s noncompliance with applicable laws, rul es, regulations, or permit requirements, he or she may inform CONSULTANT’s representative of the occurrence and require that CONSULTANT promptly comply with all applicable laws, rules, regulations, and permit requirements.

25.4. If ANAHEIM’s representative ident ifies a situation which, in the opinion of the representative, constitutes an immediate potential for bodily harm or significant property damage, ANAHEIM’s representative may contact CONSULTANT’s representative and recommend that Work be stopped until the situation is rectified by CONSULTANT.

25.5. CONSULTANT shall dispose of all materials used in conjunction with the performance of this Agreement in strict compliance with all applicable laws, rules, regulations, and permits.

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

26. WAIVER
A waiver by either Party of an y breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

27. INTEGRATED CONTRACT
This Agreement and the E xhibits hereto cont ain the entire agreement of ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement, or promise made by either ANAHEIM or CONSULTANT, which is not contained herein, shall be valid or binding. No prior agreement, understanding, or representation pertaining to these matters shall be effective for any purpose.

28. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits, or any other attachments hereto, the terms of this Agreement shall govern.

29. INTERPRETATION
Each Party acknowledges having had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.

30. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both Parties and approved as to form by the City Attorney.

31. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms an d provisions to

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

32. REMEDIES CUMULATIVE
The remedies given to ANAHEIM and C ONSULTANT herein shall be cumulative and are given without impairing any other rights given A NAHEIM or CONSULTANT by statute or law now existing or hereafter enacted, and the exercise o f any one (1) remedy by A NAHEIM or C ONSULTANT shall not exclude the exercise of any other remedy.

33. NO THIRD PARTY BENEFICIARIES
The Parties intend that neither rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation, or undertaking established herein.

34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it, and any action brought relating to this Agreement shall be adjudicated by a court of competent jurisdiction in the County of Orange.

35. DISCRIMINATION
CONSULTANT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibite d basis in its provision of S ervices or hiring of subcontractors or employees. To the extent this Agreement provides that CONSULTANT offer accommodations or services to the public, such accommodations or services shall be offered by CONSULTANT to the public on fair and reasonable terms.

36. AUTHORITY
Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organizat ion represents and warrants

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
that he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. CONSULTANT shall, at ANAHEIM’s request, deliver a certified copy of it s governing board’s resolution or certificate authorizing or evidencing such execution.

37. EFFECTIVE DATE
This Agreement shall be effective on the date on which t his Agreement is executed by ANAHEIM (“Effective Date”).

[SIGNATURES ON FOLLOWING PAGE]

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
IN WITNESS WHEREOF, the P arties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.

CITY OF ANAHEIM,
DATE: ______________________ a municipal corporation

By: _____________________________
Dukku Lee
Public Utilities General Manager

DATE: ______________________ ATTEST:

By: ________________________________
Theresa Bass, City Clerk

Consultant’s Legal Name
Type of Entity (e.g. a corporation)

DATE: ______________________ By: ________________________________

APPROVED AS TO FORM:

ANAHEIM CITY ATTORNEY’S OFFICE

By: __________________________________
Teresa Chen
Deputy City Attorney

13774/148231

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

EXHIBIT A

SCOPE OF WORK
[TO BE ATTACHED BEHIND THIS PAGE]

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OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
EXHIBIT A – GENERAL SCOPE OF WORK

I. ELECTRICAL ENGINEERING SERVICE
Electrical Engineering Services may include, but will not be limited to, the Services described below.

A. General: Prepare and review Engineeri ng studies, preliminary and final engineering reports, constructions drawi ngs, and specifications for electrical system.

B. Design and Technical Services: Provide design, drafting, and technical services for various electrical power system projects, including but not limited to:
 Substation and protections upgrade
 Overhead and underground transmi ssion and distribution upgrade and expansion
 Street light system
 Pole loading calculations and prepare Joint Pole Authority documents  Residential/commercial/industrial upgrade and expansion  Underground conversion
 Substation and Distribution Automation
 Fiber optics / Communications
 Electric Supervisory Control And Data Acquisition (SCADA) information & operational technology systems
 Network, application, database and video surveillance architecture  Cyber and physical security
 Recommending technology solutions such as customer information, meter data, interactive voice response, work and asset management, materials procurement, and warehousing and barcoding solutions
 Energy storage
 Distributed energy systems

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
 Electric vehicle charging infrastruc ture and required Americans with Disabilities Act (ADA) parking designs
 Building electrification
 Power plant engineering services in cluding project management, hazardous material / safety studies, owner’s engineer, decommissioning, demolition, and other related services
 Integrated Resources Planning support
The design services will include the deve lopment of contract documents (plans, specifications and bid list), bill of mate rials, and cable cut list. The plans and specifications consist of designs for conduit and substructure systems with horizontal and vertical c ontrols, cable pulling, grounding systems, single line elementary and wiring diagrams, wood pol e loading and strength calculations, overhead conductor sag and tension, anc horing and guying, electrical equipment sizing/upgrading, fuse coordination, volta ge drop and flicker calculations, and street light systems. Technical services will include assessments, analyses, financial impacts of technical solutions, consulting, owner’s advisor, or other professional services.

C. Engineering Studies: Perform and/or review the following engineering studies for distribution and transmission systems such as 12kV, 69kV, and 230kV electric facilities, and including but not limited to:
 Power System Load Flow Analysis
 Power System Short Circuit Studies
 Power System Switching and Transient Studies
 Power System Reliability Studies
 Cable and Conductor Ampacity Studies
 Equipment Failure and Rating Studies
 Power Quality Studies
 Load Forecast and Demand Studies

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OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
 System Protection and Relay Coordination
 Review / Develop Construction Standards and Specifications for Materials and Equipment
 Inspection and root cause analysis of material / equipment deficiencies / failures  Development, Review & evaluation for preparation of RFP and selection of proposals
 Phasing Survey/Studies
 Substation System Grounding Studies
 Substation Engineering Design and Construction Standards  Substation Physical Security Assessment Studies
 Generator Technical Studies
 Telecommunications Studies
 Transmission & distribution grounding studies
 Wildfire mitigation plan and related services including evaluation or recommendation of engineering measures , plan preparation and independent evaluation
 Conduct research to recommend and develop new, or update existing, material and equipment engineering specifications
D. Electrical Equipment Testing Services: Perform various tests on energized & de- energized 6.9 kV, 12kV and 69kV electrica l equipment and cables, including but not limited to:
 Partial Discharge Test
 Tan-Delta Test
 High Potential Test
 Megger Test
 Thermal Test
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OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
II. CIVIL ENGINEERING SERVICE
Civil Engineering Services may include, but wi ll not be limited to the Services described below.

A. Research
 Conduct infrastructure research of Anaheim’s sewer, storm drain, flood control, traffic interconnect system, electr ic, water, and telecommunications infrastructure drawings, data and plans.
 Contact public agencies, public utilitie s, telecommunicatio ns providers, and other entities to obtain necessary infrastructure data, drawings, and plans.  Conduct parcel research, appraisals, property ownership and related services.

B. Inspection
 Inspection of electrical substructure for compliance with material and construction standards and plans incl uding but not limited to structural foundations, duct banks, and utility vaults.
 Provide inspection reports, construction plan redlines and GPS data of constructed facilities per Anaheim’s GIS standards; and related services as required.

C. Traffic Control Plans and Permits
 Prepare engineered traffic control plan s for construction projects for approval by Caltrans, Anaheim Public Works Depa rtment, or other jurisdictions or agencies.
 Prepare permit applications, documents, and interface with permitting agencies.

D. Structural Design and Review
 Perform structural design for electr ic system equipment footings and foundations such as streetlight poles, transformers, switches, retaining wall for electrical equipment.
 Review and approve any such structural design / calculatio ns performed by others for compliance with all applicable codes and standards.

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OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
 Review and evaluate ex isting substructure in service and provide recommendation of improvement.

E. Aerial Topographic Surveys
 Complete aerial topographic maps in a format compatible with Anaheim facilities mapping system (GIS). Establish horizontal and vertical control.  Complete project area topographic surveys to verify and register base map data.  ATS data shall be transferable to Auto CAD Base Maps/Plans/Drawings.  Verification of Existing Infrastructure : Initiate and obtain pothole data for existing infrastructure which may conflict with a proposed project.

F. Aerial Imaging
 Use unmanned aerial vehicles to capt ure underground conversion and street light projects’ before and after imag es, and perform inspection, connectivity and verification of overhead facilities including poles, cross-arms, electrical equipment and conductors.

G. Base Maps/Plans/Drawings
 Produce AutoCAD (Release 2020 or as sp ecifically approv ed by Anaheim) generated civil engineering base maps and electronic files containing all rights of way, property lines, stationed center line(s), public and private infrastructure data, topographical data within and outside the public rights of way, and related information in a plan and profile format on the Department’s standard drawing sheets.

H. Legal Drawing/Descriptions
 Survey and produce metes and bounds dr awings to obtain Public Utility Easements (PUE) related to a specific project area or as directed by the Project Manager.

I. Right-of-Entry / Easement
 Prepare and process for approval by property owner right-of-entry and easement documents for planned construction and maintenance activities.

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OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
J. Construction Interface
 Resolve design-related issues during the construction phase of the project.  Attend meetings and participate in the job walk down as required by City.  Design structural foundations, steel structures, site grad ing, soil testing, and architectural landscaping.
 Initiate and coordinate plan reviews and right of entries.  Identify and follow through with easement requirements.  Review as-built files and convert them to record drawings.

K. Environmental Compliance
 Provide consulting services for the pr eparation of environmental documents and support studies to comply with California Environmental Quality Act (CEQA), which may include an Initial Study, Negative Declaration, Mitigated Negative Declaration, Addendum, or Environmental Impact Report, or Supplement or Subsequent EIR, National Environmental Policy Act (NEPA) when complying with federal grants, pe rmit applications with support studies, aesthetic simulations, and other environmental compliance tasks that may be needed.