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HomeMy WebLinkAboutReso 46-19 Approving On-Call Amendments to the Agreements for Engineering Services RESOLUTION NO. 46 — 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO CONSULTING SERVICES AGREEMENTS WITH ASSOCIATED ENGINEERING CONSULTANTS; BSK ASSOCIATES; CAL ENGINEERING,& GEOLOGY; CONSOLIDATED ENGINEERING LAB; COTTON, SHIRES &ASSOCIATES; CSG CONSULTANTS, INC.; ENGEO; GEOCON; HILL INTERNATIONAL; MNS ENGINEERS, INC.; SWINERTON MANAGEMENT & CONSULTING; TRC COMPANIES, LLC WHEREAS, in previous years, Staff prepared and initiated a Request for Qualifications (RFQ) for on-call engineering services; and WHEREAS, during that time, Staff reviewed and selected the most qualified firms and entered into Consulting Services Agreements; and WHEREAS, the City wishes to extend terms for a period of two years with said firms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendments to the Consulting Services Agreements with Associated Engineering Consultants; BSK Associates; Cal Engineering & Geology; Consolidated Engineering Lab; Cotton, Shires & Associates; CSG Consultants, Inc.; ENGEO; GEOCON; Hill International; MNS Engineers, Inc.; Swinerton Management & Consulting; and TRC Companies, LLC as attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendments, attached hereto, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of May 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert NOES: ABSENT: ABSTAIN: �- Mayor ATTEST: atio ,c41 City Clerk Reso 46-19, Adopted 5/21/2019, Item 4.3 Page 1 of 1 AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ASSOCIATED ENGINEERING CONSULTANTS WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and Associated Engineering Consultants (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Construction Management and Inspection services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, 2, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 2. shall be rescinded in its entirely and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,250,000.00, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 6) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk ASSOCIATED ENGINEERING CONSULTANTS Dated: By: _____________________________ Mark Burlew, V.P./CFO AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BSK ASSOCIATES WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and BSK Associates (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Construction Inspection and Materials Testing Services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk BSK ASSOCIATES Dated: By: _____________________________ Tim Rodriguez, Branch Manager AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BSK ASSOCIATES WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and BSK Associates (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Geology and Geotechnical Services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk BSK ASSOCIATES Dated: By: _____________________________ Tim Rodriguez, Branch Manager AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CAL ENGINEERING AND GEOLOGY WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and CAL Engineering and Geology (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Geology and Geotechnical services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk CAL ENGINEERING AND GEOLOGY Dated: By: _____________________________ Phillip Gregory, President/CEO AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CONSOLIDATED ENGINEERING LABORATORIES WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and Consolidated Engineering Laboratories (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Construction Inspection and Materials Testing services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk CONSOLIDATED ENGINEERING LABORATORIES Dated: By: _____________________________ Gary Cappa, President AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND COTTON, SHIRES AND ASSOCIATES, INC. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and Cotton, Shires and Associates, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Geology and Geotechnical services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk COTTON, SHIRES AND ASSOCIATES, INC. Dated: By: _____________________________ David Schrier, Principal Geotechnical Engineer AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CSG CONSULTANTS, INC. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and CSG Consultants, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Construction Management and Inspection services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk CSG CONSULTANTS, INC. Dated: By: _____________________________ Nourdin Khayata, Vice President AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ENGEO INCORPORATED WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and ENGEO Incorporated (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Construction Inspection and Materials Testing Services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk ENGEO INCORPORATED Dated: By: _____________________________ I. Macy Tong, Principal AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ENGEO INCORPORATED WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and ENGEO Incorporated (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Geology and Geotechnical services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk ENGEO INCORPORATED Dated: By: _____________________________ I. Macy Tong, Principal AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GEOCON CONSULTANTS, INC. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and GEOCON Consultants, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Construction Inspection and Materials Testing Services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk GEOCON CONSULTANTS, INC. Dated: By: _____________________________ Shane Rodacker, Vice President AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GEOCON CONSULTANTS, INC. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and GEOCON Consultants, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Geology and Geotechnical Services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk GEOCON CONSULTANTS, INC. Dated: By: _____________________________ Shane Rodacker, Vice President AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND HILL INTERNATIONAL, INC. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and Hill International, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Construction Management and Inspection services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk HILL INTERNATIONAL, INC. Dated: By: _____________________________ Michael B. Smith, Sr. Vice President AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MNS ENGINEERS, INC. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and MNS Engineers, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Construction Management and Inspection services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk MNS ENGINEERS, INC. Dated: By: _____________________________ Greg Chelini, Vice President AMENDMENT #3 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND SWINERTON MANAGEMENT AND CONSULTING WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and Swinerton Management and Consulting (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for Geology and Geotechnical services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify section 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Except to the extent inconsistent with this Third Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk SWINERTON MANAGEMENT AND CONSULTING Dated: By: _____________________________ Jeff Gee, Vice President/General Manager AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRC COMPANIES, LLC WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and TRC Companies, LLC (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for Construction Management and Inspection services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2021 and to modify sections 1.1, 2, and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, and Consultant shall complete work described in Exhibit A as assigned by Task Order prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The City Manager may approve a further extension of this Agreement to allow for the completion of Individual Task Orders already in progress. After the date listed above, no new Task Orders may be issued against this Agreement. 2) Section 2. shall be rescinded in its entirely and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,250,000.00, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Section 7.5 shall be rescinded in its entirety and replaced with the following: 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 6) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk TRC COMPANIES, LLC Dated: By: _____________________________ NAME, TITLE