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Third Amendment Page 1 <br />THIRD AMENDMENT TO AGREEMENT <br /> <br /> <br />This Third Amendment to Agreement ("Second Amendment") is entered into this 30th day of <br />June 2024 by the City of Pleasanton ("City") and Mark Thomas and Company, Inc. <br />("Consultant”). <br /> <br />Whereas, on October 20, 2020 the City and Consultant entered into a Professional <br />Services Agreement (“Agreement”) for On Call Civil Engineering Consulting Services; and <br /> <br />Whereas, on August 5, 2021 the City and Consultant executed the First Amendment to <br />the agreement to increase the minimum insurance from $1 million to $2 million for General <br />Liability, Automobile and Professional Liability; and <br /> <br />Whereas, on June 30, 2023 the City and Consultant executed the Second Amendment to <br />the agreement to extend the term of the agreement to expire on June 30, 2023; and <br /> <br />Whereas, the agreement allows for two 1 year extension; and <br /> <br />Whereas, this would be the second of the two allowable 1 year extensions; and <br /> <br />Whereas, the parties desire to further extend the term of the Agreement. <br /> <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby <br />acknowledged, the parties agree as follows: <br /> <br />1. Section 6, “Terms” of the agreement is extended until June 30, 2025. <br /> <br />2. Section 7, “Compensation” of the agreement includes an updated rate schedule to <br />replace the existing Exhibit “A” which is allowed by the contract on an annual <br />basis at the start of the fiscal year. <br /> <br />3. All other terms and conditions of the Agreement shall remain in full force and <br />effect. <br /> <br />3. This Third Amendment 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. <br /> <br />In witness whereof, authorized representatives of the parties have executed this Third <br />Amendment to the Agreement as of the date and year first above written. <br />Docusign Envelope ID: 29540C82-6CF5-4D7B-946C-1AFD7F71E101