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ATTACHMENT 1 <br /> THIRD AMENDMENT TO AGREEMENT <br /> This Third Amendment to Agreement("Third Amendment") is entered into this 20th day of July <br /> 2020 by the City of Pleasanton("City")and Mark Thomas and Company, Inc. ("Consultant"). <br /> Whereas, on February 26, 2018 the City and Consultant entered into a Professional <br /> Services Agreement("Agreement") for services to complete the Right of Way Transfer to <br /> Caltrans for the I-680/Stoneridge Drive Interchange project; and <br /> Whereas,on May 7,2019 a first amendment to the contract agreement was approved for <br /> expanded services to complete surveying and Caltrans exhibits and legal descriptions; and <br /> Whereas,on February 4, 2020 a second amendment to the contract agreement was <br /> approved to extend the term of the contract to January 1, 2021; and <br /> Whereas,the project requires the preparation and processing of five Consent to Common <br /> Use Agreements(CCUA) and two Quitclaim Deeds(QC)to complete the ROW transfer <br /> documentation; and <br /> Whereas,a Certified Consultant Utility Coordinator for Caltrans District 4 is needed to <br /> complete the CCUA's and QC's; and <br /> Whereas,the City has reviewed the cost proposal for additional services and the Utility <br /> Coordinator; and <br /> Whereas,the parties desire to amend to the Agreement; and <br /> Now,therefore, in exchange for valuable consideration,the receipt of which is hereby <br /> acknowledged,the parties agree as follows: <br /> 1. Section 1, "Consultant Services" is amended to include the expanded scope of <br /> services as described in the Additional Services Letter dated June 24, 2020 <br /> (Exhibit 1). <br /> 2. All other terms and conditions of the Contract shall remain in full force and <br /> effect. <br /> 3. This Third Agreement may be executed in multiple counterparts, each of which <br /> shall be an original and all of which together shall constitute one <br /> agreement. Counterparts may be delivered via facsimile, electronic mail <br /> (including pdf or any electronic signature complying with U.S. federal E-Sign Act <br /> of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions <br /> Act(Cal. Civil Code §1633.1 et seq.), or other applicable law)or other <br /> transmission method, and any counterpart so delivered shall be deemed to have <br /> been duly and validly delivered and be valid and effective for all purposes. With <br /> First Amendment Page 1 <br />