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Dudek Contract# 2021197 5th Amendment Page 1 <br /> <br /> <br />FIFTH AMENDMENT TO AGREEMENT <br /> <br />This Fifth Amendment to Agreement ("Fifth Amendment") is entered into this 1st day of January 2024 <br />by the City of Pleasanton ("City") and Dudek ("Consultant"). <br /> <br />Whereas, on the 4th day of August 2020 the City and Consultant entered into a Design <br />Professional Services Agreement for environmental services for Augustin Bernal Mountain Bike Trail <br />Project, CIP No. 20771 (“Agreement”); and <br /> <br />Whereas, the August 4, 2020, the Agreement was for a not-to-exceed amount of $45,810 with a <br />term of June 30, 2022; and <br /> <br />Whereas, on November 17, 2020, the City and Consultant entered into the First Amendment to <br />Agreement for additional design services and increased the total compensation to a not-to-exceed <br />amount of $68,490; and <br /> <br />Whereas, on December 7, 2021, the City and Consultant entered into the Second Amendment to <br />Agreement for additional design services and increased the total compensation to a not-to-exceed <br />amount of $90,365; and <br /> <br />Whereas, on August 31, 2022, the Third Amendment to the Agreement was made, extending the <br />term to December 31, 2023; and <br /> <br />Whereas, on February 7, 2023, the City and Consultant entered into the Fourth Amendment to <br />Agreement for additional environmental and construction support services and increased the total <br />compensation to a not-to-exceed amount of $166,684; and <br /> <br />Whereas, the parties desire to further amend the Agreement to extend the term. <br /> <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br />the parties agree as follows: <br /> <br />1. Section 3 of the Agreement, "Terms" is amended to extend the contract term through <br />June 30, 2024. <br /> <br />2. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> <br />3. This Fifth 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 applicable <br />law) or other transmission method, and any counterpart so delivered shall be deemed to <br />have been duly and validly delivered and be valid and effective for all purposes. <br /> <br />DocuSign Envelope ID: 08FC669B-8DF3-4E17-910F-4A12D6EF4B78DocuSign Envelope ID: 5D033543-94CB-46DC-BA80-EDDD9A0965AD