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FIFTH AMENDMENT TO AGREEMENT <br /> <br /> This Amendment made and entered into this day of <br /> <br />by and between the CITY OF PLEASANTON, (hereinafter referred to as <br />"CITY," or "OWNER,") and KENNEDY/JEBIKS ENGINEERS, INC., formerly Kennedy <br />Engineers, Inc., a California corporation hereinafter referred to as <br />"ENGINEER,"); <br /> <br /> WITNESSETH <br /> <br /> WHEREAS, CITY AND ENGINEER entered into an Agreement dated 7 January, <br />1974 for engineering services related to the construction of an interceptor <br />sewer line from City's Sunol sewage treatment plant to the Valley Community <br />Services District sewage treatment plant; and <br /> <br /> WHEREAS, Paragraph 11.3 of said Agreement contemplated the performance <br />by ENGINEER of construction inspection for the project; and <br /> <br /> WHEREAS, the parties have previously entered into Amendments to the <br /> <br />7 January 1974 Agreement in order to comply' with changing federal regulations <br />(First Amendment, dated 9 February 1976; Second Amendment, dated 11 April <br />1977; Third Amendment dated 15 September 1977; Fourth Amendment dated <br />27 November 1979); and <br /> <br /> WHEREAS, the scope of work anticipated when the original Agreement <br /> <br />and Amendments to Agreement were executed changed substantially and may <br /> <br />be subject to additional changes in the future; <br /> <br /> NOW, THEREFORE, in consideration of the terms, promises, covenants, <br />and conditions set forth herein, the parties hereto agree to amend the <br />Fourth Amendment of 27 November 1979 as follows: <br /> <br /> <br />