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ATTACHMENT 1 <br /> FIRST AMENDMENT TO AGREEMENT <br /> This First Amendment to Agreement("First Amendment") is entered into this 3rd day of September <br /> 2019 by the City of Pleasanton("City") and Toole Design Group ("Consultant"). <br /> Whereas, on August 21, 2018,the City and Toole Design Group entered into a Professional <br /> Services Agreement for the West Las Positas Corridor plan("Agreement"); and <br /> Whereas, additional alternatives, including conceptual design work for the alternatives, is <br /> required to provide staff and public adequate options for review; and <br /> Whereas,the parties desire to amend to the Agreement; <br /> Now,therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br /> the parties agree as follows: <br /> 1. Section 1 of the Agreement, "Consultant's Services" is amended to expand the scope of <br /> services for the West Las Positas Corridor Plan to include analysis and conceptual design <br /> work for 5 additional alternatives. <br /> 2. Section 4 of the Agreement, "Compensation"is amended to increase the compensation <br /> by $149,000, for a total compensation amount of$241,544. <br /> 3. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> 4. This 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 <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. With respect to signatures delivered via facsimile or electronically, Contractor <br /> shall deliver its original wet ink signature to the City within thirty(30) days following <br /> Contractor's original delivery via facsimile, electronic mail or other transmission method, <br /> provided that failure to deliver such original ink signature shall not affect the validity of <br /> the electronic signatures that were delivered. <br /> In witness whereof, authorized representatives of the parties have executed this First Amendment to the <br /> Agreement as of the date and year first above written. <br /> CITY OF PLEASANTON CONTRACTOR <br /> By: <br /> Nelson Fialho, City Manager Signature <br /> Print name <br /> Title: <br />