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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 19th day of April, 2022 ("Effective Date"), by and between the City of <br />Redlands, a municipal corporation and general law city ("City") and Carollo Engineers, Inc. a <br />Delaware corporation ("Consultant"). City and Consultant are sometimes individually referred to <br />herein as a `Party' and, together, as the `Parties. In consideration of the mutual promises <br />contained 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 a replacement raw influent pipeline and associated facilities to supply the Tate Water <br />Treatment Plant to be constructed in the future (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 FY21-0090.docjn <br />