NINTH AMENDMENT
TO THE CONSULTING SERVICES AGREEMENT (C5427)
BETWEEN THE CITY OF UNION CITY AND HDR ENGINEERING, INC.
FOR ENGINEERING DESIGN AND CONSTRUCTION SUPPORT
AT-GRADE PEDESTRIAN CROSSING AT BART PROJECT
CITY PROJECT NO. 14-14
THIS NINTH AMENDMENT (the “Ninth Amendment”) is effective as of this 13th day of October 2026 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and HDR ENGINEERING, INC., ("Consultant"), collectively referred to as the "Parties."
W I T N E S S E T H:
WHEREAS, on February 2, 2014, the Parties entered into a Consulting Services Agreement (C3638) (“Agreement”) wherein the Consultant will provide the City with consulting services related to Engineering Design Railroad At-Grade Public Crossing and Utility Crossing – Union Pacific Railroad (UPRR) Oakland Sub.MP 27.1, City Project No. 14-14, in the amount of $107,819; and
WHEREAS, on November 17, 2015, the Parties entered into a First Amendment to the Agreement (“First Amendment”), C3638b, to expand the scope of services to be provided by the Consultant and increase the compensation, in the amount of $39,987, for a total not-to-exceed amount of $147,806; and
WHEREAS, on August 15, 2016, the Parties entered into a Second Amendment to the Agreement (“Second Amendment”), C3638c, to expand the scope of services to be provided by the Consultant and increase the compensation, in the amount of $25,000, for a total not-to-exceed amount of $172,806; and
WHEREAS, on September 13, 2016, the Parties entered into a Third Amendment to the Agreement (“Third Amendment”), C3638d, to expand the scope of services to be provided by the Consultant and increase the compensation, in the amount of $82,762, for a total not-to-exceed amount of $255,568; and
WHEREAS, on September 12, 2017, the Parties entered into a Fourth Amendment to the Agreement (“Fourth Amendment”), C3638e, to expand the scope of services to be provided by the Consultant and increase the compensation, in the amount of $32,000, for a total not-to-exceed amount of $287,568; and
WHEREAS, on February 25, 2019, the Parties entered into a Fifth Amendment to the Agreement (“Fifth Amendment”), C3638f, to expand the scope of services to be provided by the Consultant and increase the compensation, in the amount of $24,931.91, for a total not-to-exceed amount of $312,499.91; and
Ninth Amendment to the Consulting Services Agreement
between City of Union City and HDR Engineering, Inc.
WHEREAS, on April 14, 2020, the Parties entered into a Sixth Amendment to the Agreement (“Sixth Amendment”), C5426, to expand the scope of services to be provided by the Consultant and increase the compensation, in the amount of $197,393, for a total not-to-exceed amount of $509,892.91; and
WHEREAS, on April 9, 2024, the Parties entered into a Seventh Amendment to the Agreement (“Seventh Amendment”), C5426-7A, to expand the scope of services to be provided by the Consultant and increase the compensation, in the amount of $381,730, for a total not-to-exceed amount of $891,623; and
WHEREAS, on January 1, 2026, the Parties entered into an Eighth Amendment to the Agreement (“Eighth Amendment”), C5426-8A, to extend the term of services; and WHEREAS, the Parties desire to further amend the Agreement to amend the scope of services, extend the term of services; and increase the compensation; and WHEREAS, the City and Consultant desire to enter into this Ninth Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. The “SCOPE OF SERVICES”, as set forth in EXHIBIT A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Second Amendment, attached hereto and incorporated herein by reference.
2. The “TERM OF SERVICES,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to June 30, 2027.
3. The first sentence of Section 2 “COMPENSATION” of the Agreement is hereby amended to reflect payment based upon a sum increase of Seventy Thousand One Hundred Four Dollars ($70,104), as set forth in Exhibit B of this Second Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Nine Hundred Sixty-One Thousand Seven Hundred Twenty-Seven Dollars ($961,727). The first sentence shall now read:
City hereby agrees to pay Consultant a sum not to exceed Nine Hundred Sixty-One Thousand Seven Hundred Twenty-Seven Dollars
($961,727), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.
4. The “COST PROPOSAL” as set forth in EXHIBIT B of the Agreement, is hereby amended to include the information contained in Exhibit B of this Ninth Amendment, attached hereto and incorporated herein by reference.
5. All other provisions of the Agreement, remain unchanged except Ninth Amendment to the Consulting Services Agreement between City of Union City and HDR Engineering, Inc. Page 3 of 5 as modified by this Ninth Amendment. IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written. THE CITY OF UNION CITY HDR ENGINEERING, INC. By By Joan Malloy Vikrant Sanghai, P.E. City Manager Vice President Attest: ___________________________ Thai Nam N. Pham City Clerk Approved as to Form: ___________________________ Kristopher J. Kokotaylo City Attorney Ninth Amendment to the Consulting Services Agreement
between City of Union City and HDR Engineering, Inc.
Exhibit A
Scope of Services
HDR Engineering, Inc. (HDR) appreciates the opportunity to continue to support you and the City on the Pedestrian At-Grade Railroad Crossing Project to see the project through completion of construction. The ongoing construction and additional support required through the response to contractors RFI’s, Submittals and the CM team requests for information has resulted in the need for additional budget to continue to support the project through the end of construction and development of the as-built record drawings.
HDR’s estimate above assumes that the additional efforts to support through the construction phase will include:
Task 1- Project Management and Coordination. This effort is for continued project management oversight and administrative activities for 12-months through project closeout. This activity also assumes informal coordination with the city and project stakeholders (ROMA) and attending weekly construction meetings.
Task 2 – Design Support During Construction. HDR’s estimate above assumes that the additional needs for DSDC during construction will include:
• Responses to 4 RFIs.
• Review and respond to 4 Submittals.
• Issue final record drawings based on contractors’ mark ups.
Task 2 is on a time and materials basis as the final number of RFIs, submittals are unknown. We appreciate your attention to this matter. Please let us know if you have any questions.
Ninth Amendment to the Consulting Services Agreement
between City of Union City and HDR Engineering, Inc.
Exhibit B
Cost Proposal
The estimated distribution of hours dedicated to assisting the city with these activities is shown below and in further detail in the cost proposal:
Task
No.
Task Description
Estimated
Hours Budget
1 Project Management and Coordination 60 $11,997.00
2 Design Services During Construction
(DSDC) 240 $57,268.00
Other Direct Costs (ODC’s) - $842.00
TOTAL HOURS 280 $70,104.00