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AGREEMENT TO PERFORM PROFESSIONAL SERVICES <br />This agreement for the Design and Construction Management of the Redlands City Hall <br />Facility ("Agreement") is made and entered in this l9th day of September 2023 ("Effective Date"), <br />by and between the City of Redlands, a municipal corporation ("City") and Miller Architectural <br />Corporation, a California Corporation, ("Consultant"). City and Consultant are sometimes <br />individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the <br />mutual promises contained herein, City and Consultant agree as follows: <br />ARTICLE 1— ENGAGEMENT OF CONSULTANT <br />1.1 City hereby engages Consultant to provide services 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 "A," <br />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 the <br />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 Chris Boatman, Assistant City Manager, as City's representative with <br />respect to performance of the Services, and such person shall have the authority to transmit <br />instructions, receive information, interpret and define City's policies and decisions with <br />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 "A," titled "Scope of Services," which is <br />attached hereto and incorporated herein by reference. <br />4.2 If Consultant's Services include deliverable electronic visual presentation materials, such <br />materials shall be delivered in a form, and made available to City, consistent with City <br />Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a <br />copy of such policy from City staff. <br />1 <br />I:\cmo\Agreements\Miller Architectural Corp FY22-0240.docx jm <br />