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AGREEMENT TO PERFORM PROFESSIONAL SERVICES <br />This agreement for the provision of Design Engineering Services for the 2023 CIP Water <br />Pipeline & Highline Replacement Project ("Agreement") is made and entered in this 7th day of <br />November, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation <br />("City") and TKE Engineering, Inc. a California corporation ("Consultant"). City and Consultant <br />are 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 Design Engineering Services for the 2023 CIP <br />Water Pipeline & Highline Replacement Project 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 <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 R. Harris, Municipal Utilities and Engineering Department Director, <br />as City's representative with respect to performance of the Services, and such person shall <br />have the authority to transmit instructions, receive information, interpret, and define City's <br />policies 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 July 31, 2024, unless the Services are terminated <br />earlier as provided for herein. <br />1 <br />I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msl:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- <br />0286.docx <br />