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ATTACHMENT 4 <br />FOURTH AMENDMENT TO AGREEMENT <br />This Forth Amendment to Agreement ("Fourth Amendment") is entered into the 17th day of May <br />2022 by the City of Pleasanton ("City") and HMH Engineers ("Consultant"). <br />Whereas, on February 6, 2018, the City and Consultant entered into an Agreement for <br />Professional Services "Agreement" where Consultant is providing professional engineering and design <br />services for the Downtown Transportation Corridor Parking Lot Improvements Project, CIP No. 17448; <br />and <br />Whereas, on November 5, 2019, the City and Consultant entered into a First Amendment to the <br />Agreement for Professional Services to update the 75 percent design to incorporate City Council <br />direction for the project and develop landscape maintenance agreements for the not -to -exceed amount of <br />$28,000; and <br />Whereas, on January 1, 2020, the City and Consultant entered into a Second Amendment to the <br />Agreement for Professional Services to extend the term of the Agreement to December 31, 2021; and <br />Whereas, on April 20, 2021, the City and Consultant entered into a Third Amendment to the <br />Agreement for Professional Services to expand the scope of services to include additional engineering <br />services and design services during construction to respond to request for information from, contractor, <br />review contractor submittals as required, and attend meetings for the not -to -exceed amount of $51,500 <br />and extend term of the agreement to December 31, 2022; <br />Whereas, the Consultant's assistance is required to provide additional engineering and design <br />services during construction to respond to request for information from the contractor, review contractor <br />submittals as required, and attend meetings; <br />Whereas, the parties desire to amend to the Agreement to add additional compensation for such <br />additional services. <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br />the parties agree as follows: <br />Section 1, Consultant's Services, of the Agreement is amended to expand the scope of services to <br />include additional engineering and design services during construction to respond to request for <br />information from contractor, review contractor submittals as required, and attend meeting as <br />attached here in as Exhibit 1. <br />2. Section 5, Compensation, of the Agreement shall be increased to the not -to -exceed amount of <br />three -hundred -and -twenty -eight -thousand dollars ($328,000) [an additional $51,500]. <br />3. All other terms and conditions of the Agreement shall remain in full force and effect. <br />4. This Fourth Amendment may be executed in multiple counterparts, each of which shall <br />be an original and all of which together shall constitute one agreement. Counterparts <br />may be 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 />HMH Engineers, 2018453 — Fourth Amendment Page 1 <br />