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AGREEMENT TO PERFORM PROFESSIONAL SERVICES <br />This agreement for the provision of professional engineering services ("Agreement") is <br />made and entered in this 18th day of January, 2022 ("Effective Date"), by and between the City <br />of Redlands, a municipal corporation ("City") and Carollo Engineers, Inc , a Delaware <br />corporation ("Consultant") City and Consultant are sometimes individually referred to herein as <br />a "Party" and, together, as the "Parties." In consideration of the mutual promises contained <br />herein, City and Consultant agree as follows <br />11 <br />ARTICLE 1— ENGAGEMENT OF CONSULTANT <br />City hereby engages Consultant to design and prepare plans and specifications for City <br />for two (2) recycled water reservoirs to be constructed in the future at the City of <br />Redlands Wastewater Treatment Plant (the "Services") <br />1.2 The Services shall be performed by Consultant in a professional manner, and Consultant <br />represents that it has the skill and the professional expertise necessary to provide the <br />Services to City at a level of competency presently maintained by other practicing <br />professional consultants in the industry providing like and similar types of Services. <br />ARTICLE 2 — SERVICES OF CONSULTANT <br />2 1 The Services that Consultant shall perform are more particularly described in Exhibit <br />"A," titled "Scope of Services," which is attached hereto and incorporated herein by <br />reference <br />2.2 Consultant shall comply with applicable federal, state and local laws and regulations in <br />the performance of this Agreement including, but not limited to, any applicable State <br />prevailing wage laws. <br />2.3 Consultant shall not be liable to and/or indemnify City and/or any third party related to <br />any inconsistencies between Consultant's data projections and estimates and actual costs <br />and/or quantities realized by City and/or any third party in the future, except to the extent <br />such inaccuracies are caused by Consultant's negligent performance hereunder <br />ARTICLE 3 — RESPONSIBILITIES OF CITY <br />3 1 City designates John R. Harris, Municipal Utilities and Engineering Department Director, <br />as City's representative with respect to performance of the Services, and such person <br />shall have the authority to transmit instructions, receive information, interpret and define <br />City's policies and decisions with respect to performance of the Services. <br />3.2 City shall furnish Consultant available studies, reports and other data pertinent to <br />Consultant's services, obtain or authorize Consultant to obtain or provide additional <br />reports and data as required, furnish to Consultant services of others required for the <br />performance of Consultant's services hereunder, and Consultant shall be entitled to use <br />1 <br />L:\ca\djm\Agreements\Carollo Engineers Agreement.PS-1 1.FY21-0059 doc.jn <br />