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ATTACHMENT 2 <br /> FIRST AMENDMENT TO AGREEMENT <br /> This First Amendment to Agreement("First Amendment") is entered into this_day of 2020 <br /> by the City of Pleasanton("City") and Dudek("Consultant") <br /> Whereas, on the 4th day of August 2020 the City and Consultant entered into a Design <br /> Professional Services Agreement for environmental services ("Agreement"); and <br /> Whereas,the parties desire to amend the Agreement; <br /> Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br /> the parties agree as follows: <br /> 1. Section 4 of the Agreement, "Compensation" is amended to read as follows: Total <br /> compensation for services and reimbursements shall be increased by $22,680 for trail <br /> design services, as more particularly described in Exhibit A, for a total not-to-exceed <br /> amount of$68,490 and shall be billed on a time and materials basis. <br /> 2. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> 3. This amendment may be executed in multiple counterparts,each of which shall be an <br /> original and all of which together shall constitute one agreement. Counterparts may be <br /> delivered via facsimile, electronic mail (including pdf or any electronic signature <br /> complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California <br /> Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.),or other <br /> applicable law)or other transmission method, and any counterpart so delivered shall be <br /> deemed to have been duly and validly delivered and be valid and effective for all <br /> purposes. With respect to signatures delivered via facsimile or electronically, Consultant <br /> shall deliver its original wet ink signature to the City within thirty(30)days following <br /> Contractor's original delivery via facsimile, electronic mail or other transmission method, <br /> provided that failure to deliver such original ink signature shall not affect the validity of <br /> the electronic signatures that were delivered. <br /> In witness whereof,authorized representatives of the parties have executed this First Amendment to the <br /> Agreement as of the date and year first above written. <br /> CITY OF PLEASANTON CONSULTANT <br /> By: <br /> Nelson Fialho, City Manager Signature <br /> Print name <br /> Title: <br /> ATTEST: <br /> [If Consultant is a corporation, signatures must comply <br /> Karen Diaz, City Clerk with California Corporations Code§313] <br /> First Amendment Page 1 <br />