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APPROVED BY <br />CITY C UNCIL <br />Date % i 14 1 oy <br />Item # C' <br />CITY OF COLTON <br />PROFESSIONAL SERVICES AGREEMENT <br />1. PARTIES AND DATE. <br />This Agreement is made and entered into this 16th day of November, 2004 by and <br />between the City of Colton, a municipal organization organized under the laws of the State of <br />California with its principal place of business at 650 North La Cadena Drive, Colton, California <br />92324 ("City") and CH2M Hill, Inc., a Corporation, with its principal place of business at 3 <br />Hutton Centre Drive, Suite 200, Santa Ana, CA 92707 ("Consultant"). City and Consultant are <br />sometimes individually referred to as "Party" and collectively as "Parties." <br />2. RECITALS. <br />2.1 Consultant. <br />Consultant desires to perform and assume responsibility for the provision of certain <br />professional services required by the City on the terms and conditions set forth in this <br />Agreement. Consultant represents that it is experienced in providing Electric Engineering <br />Consulting services to public clients, is licensed in the State of California, and is familiar with <br />the plans of City. <br />2.2 Project. <br />City desires to engage Consultant to render such services for the Feasibility Study to <br />Upgrade the Agua Mansa Simple Cycle Facility to a Combined Cycle Facility project ("Project") <br />as set forth in this Agreement. <br />3. TERMS. <br />3.1 Scope of Services and Term. <br />3.1.1 General Scope of Services. Consultant promises and agrees to furnish to <br />the City all labor, materials, tools, equipment, services, and incidental and customary work <br />necessary to fully and adequately supply the professional Engineering consulting services <br />necessary for the Project ("Services"). The Services are more particularly described in Exhibit <br />"A" attached hereto and incorporated herein by reference. All Services shall be subject to, and <br />performed in accordance with, this Agreement, the exhibits attached hereto and incorporated <br />herein by reference, and all applicable local, state and federal laws, rules and regulations. <br />3.1.2 Term. The term of this Agreement shall be from September 27, 2004 to <br />January 4, 2005, unless earlier terminated as provided herein. Consultant shall complete the <br />ORANGE\GPP\13728.1 <br />