Amendment No 2 to Professional Services Agreement - Dam Safety Surveillance and Monitoring – Christopher B. Burke Engineering, LLC

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i i IF Brennan Comp aniy, inc. kil£) 13 nirthrid li<yrsd 6 Li (ira,.,o;'M 460'3 1) To furnish all labor and cover all construction related costs, such as insurance and taxes, incidental to such labor, necessary to carry out the work, as outlined under this proposal. 2) To supply the necessary materials and supplies together with equipment and tools required to carry out the work, as outlined under this proposal. 3) To use, free of charge to the Client, every patented or unpatented process owned or controlled by Brennan and to warrant to the Client that Brennan owns or has the right to use any patented processes, devices or parts required in the work, and to indemnify the Client against any royalties, license fees or any other claims or demands by reason of the use thereof, whether or not such processes, devices or parts are specified by the Client or are used in the work by Brennan without such specification. 4) To comply at all times with any instructions given by the designated representative of the Client, provided that Brennan shall retain full control of its patented materials and processes, and provided that such instructions are not inconsistent with the provisions of this proposal. In furtherance of the foregoing, the Client understands and agrees that Brennan shall be solely responsible for, and shall have control over, all construction means, methods, techniques, sequences, processes and procedures and for coordinating all portions of the work. Brennan shall not be required to train employees of the Client or of other contractors in any of its methods, processes and procedures, and Brennan shall be sole judge as to the number of its supervisory and other employees which will be required to insure quality of the work. 5) During the term of this agreement, Brennan shall maintain in full force and affect the following insurance coverage: a) Commercial General Liability with limits as follows: i) Each Occurrence $1,000,000 ii) General Aggregate (other than Products/Completed Operations) $1,000,000 iii) Products/Completed Operations Aggregate $1,000,000 OR as required by the client b) Worker's Compensation required by applicable State Law c) Automobile Liability insurance, including bodily injury and property damage coverage of at least $1,000,000 combined single limit on vehicles owned or hired by Brennan Insurance required in a — c above shall be placed with reputable companies. Further, insurance required is to provide for the liability of Brennan and/or its employees subject to the policy terms and conditions. Coverage purchased by Brennan and included as part of this agreement is not intended to cover the liability of the client in any manner, including but not limited to liability incurred against third parties and/or client's employees. 6) To carry out the work in a manner that focuses on safety, quality and efficiency. Work to be carried out under this proposal is subject to all delays arising out of or from the acts or neglect of the Client, changes in the work ordered by the client, strikes, lockouts, disputes or differences with workmen, fire, unusual delays in deliveries, or any other similar or dissimilar causes beyond the control of Brennan.