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ATTACHMENT 3 <br /> FOURTH AMENDMENT TO AGREEMENT <br /> This Fourth Amendment to Agreement("Fourth Amendment") is entered into this_day of February <br /> 2023 by the City of Pleasanton ("City")and Dudek("Consultant"). <br /> Whereas, on the 4h day of August 2020 the City and Consultant entered into a Design <br /> Professional Services Agreement for environmental services,the parties entered into a first, second and <br /> third amendment(collectively referred to as the "Agreement"); and <br /> Whereas,the parties desire to further amend the Agreement to provide additional environmental <br /> and construction support services. <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 $76,319 for <br /> additional environmental and construction support services,as more particularly <br /> described in Exhibit A, for a total not-to-exceed amount of$166,684 and shall be billed <br /> 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 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 /> purposes. <br /> In witness whereof,authorized representatives of the parties have executed this Fourth Amendment as of <br /> the date and year first above written. <br /> CITY OF PLEASANTON CONSULTANT <br /> By: <br /> Geary Beaudin, City Manager Signature <br /> Print name <br /> Title: <br /> ATTEST: <br /> [If Consultant is a corporation, signatures must comply <br /> Jocelyn Kwong, City Clerk with California Corporations Code§313] <br /> Fourth Amendment Page 1 <br />