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ATTACHMENT #1 <br /> Contract#2019480 <br /> THIRD AMENDMENT TO AGREEMENT <br /> This Third Amendment to Agreement("Third Amendment") is entered into this day of December <br /> 2022, by the City of Pleasanton ("City") and ELLA Construction ("Contractor"). <br /> Whereas, on July 1, 2019,the City and Contractor entered into an As-Needed Maintenance and <br /> Trade Services Agreement for the Contractor to provide Construction Services for the City's buildings <br /> and structures per R.F.B. Project No. OSD—20-001, as amended on October 15, 2019, by the First <br /> Amendment to increase the not to exceed amount for the Fiscal Year 2019/20 to$500,000, and as <br /> amended on July 1,2022, by the Second Amendment to extend the term through June 30, 2023 <br /> (collectively the"Agreement"). <br /> Whereas, the parties desire to amend the Agreement by increasing the not to exceed for Fiscal <br /> Year 2022/23, with total compensation for Fiscal Year 2022/23 not to exceed $575,000. <br /> Now, therefore, in exchange for valuable consideration,the receipt of which is hereby acknowledged, <br /> the parties agree as follows: <br /> 1. Section 3 of the Agreement, "Compensation" is amended to add: "For Fiscal Year <br /> 2022/23,total compensation shall not exceed$575,000." <br /> 2. This Third Amendment may be executed in multiple counterparts, each of which shall be <br /> an original and all of which together shall constitute one agreement. Counterparts may <br /> 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 /> 3. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> In witness whereof, authorized representatives of the parties have executed this Third Amendment to the <br /> Agreement as of the date and year first above written. <br /> CITY OF PLEASANTON CONTRACTOR—ELLA <br /> By: <br /> Gerry Beaudin, City Manager Signature <br /> Print name <br /> ATTEST: Title: <br /> [If Consultant is a corporation, signatures must comply <br /> Third Amendment Page 1 <br />