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AGREEMENT TO PERFORM PROFESSIONAL ENGINEERING <br />SERVICES <br />This agreement for the provision of a professional engineering condition assessment of the <br />Mission Zanja Channel ("Agreement") is made and entered in this 19th day of March, 2024 <br />("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and <br />Carollo Engineers, Inc., a Delaware corporation ("Consultant"). City and Consultant are <br />sometimes individually referred to herein as a "Party" and, together, as the "Parties." In <br />consideration of the 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 professional engineering services for City, to <br />be received and reviewed by the City Attorney of City and her designees (the "Services"). <br />1.2 The Services shall be performed by the Consultant in a professional manner, and <br />Consultant represents that it has the skill and the professional expertise necessary to <br />provide the Services to City at a level of competency presently maintained by other <br />practicing professional consultants in the industry providing like and similar types of <br />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 Work," which is attached hereto and incorporated herein by reference. <br />22 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 provide all reports, documents, communications, and data associated with <br />the Services to the City Attorney of City, and/or the City Attorney's authorized designees. <br />All such reports, documents, communications, and data shall be considered strictly <br />confidential, and shall be treated as protected by the attorney work -product doctrine. All <br />such information and any written product in connection with Consultant's Services shall <br />be marked as "Confidential/Attorney-Work Product." Consultant shall not be liable to <br />and/or indemnify City and/or any third party related to any inconsistencies between <br />Consultant's data projections, estimates, actual costs, and/or quantities realized by City <br />and/or any third party in the future, except to the extent such inaccuracies are caused by <br />Consultant's negligent performance hereunder. <br />ARTICLE 3 — RESPONSIBILITIES OF CITY <br />3.1 City designates Yvette M. Abich Garcia, City Attorney, and Tabitha Crocker, Facilities <br />and Community Services Department Director, as City's representatives with respect to <br />performance of the Services, and such persons shall have the authority to transmit <br />1 <br />I:\cmo\Agreements\Carollo Engineers, Inc. Professional Engineering Services Agreement-Zanja Channel FY23-0025.docx-msv2 <br />