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AGREEMENT TO PERFORM PROFESSIONAL SERVICES <br />This agreement for the provision of professional traffic engineering services <br />("Agreement") is made and entered in this 18th day of October, 2022 ("Effective Date"), by and <br />between the City of Redlands, a municipal corporation ("City") and KOA Corporation a <br />California Corporation ("Consultant"). City and Consultant are sometimes individually referred <br />to 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 />ARTICLE 1 — ENGAGEMENT OF CONSULTANT <br />1.1 City hereby engages Consultant to provide professional engineering and design services <br />for Cypress Avenue and Cajon Street traffic signal for City (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 this <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 />ARTICLE 3 — RESPONSIBILITIES OF CITY <br />3.1 City designates John Harris, Municipal Utilities and Engineering Director, as City's <br />representative with respect to performance of the Services, and such person shall have the <br />authority to transmit instructions, receive information, interpret and define City's policies <br />and decisions with respect to performance of the Services. <br />ARTICLE 4 — PERFORMANCE OF SERVICES <br />4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in <br />accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is <br />attached hereto and incorporated herein by reference. <br />4.2 Consultant shall complete the Services by December 29, 2023, unless the Services are <br />terminated earlier as provided for herein. <br />1 <br />L:\ca\Agreements\KOA Corporation Agreement.PS-1.1.FY22-0030.doc.jn <br />