DRAFT

AMENDMENT TO CONSULTANT SERVICES AGREEMENT

BETWEEN THE CITY OF SUNNYVALE AND NOLTE ASSOCIATES

FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR GRESHAM AVENUE AND CYPRESS AVENUE WATER MAIN REPLACEMENT

(UW-03/01-04)

          This Amendment to Consultant Services Agreement, dated _______________, is by and between the CITY OF SUNNYVALE, a municipal corporation ("CITY") and NOLTE ASSOCIATES, INC. ("CONSULTANT").

          WHEREAS, on November 3, 2003, CITY and CONSULTANT entered into a Consultant Services Agreement whereby CONSULTANT would provide design and construction support services for the Gresham Avenue and Cypress Avenue Water Main Replacement Project (UW-03/01-04); and

          WHEREAS, the parties agree that the replacement of the water main at Britton Avenue should also be included in the project; and

          WHEREAS, the parties now agree that an Amendment to said Agreement is advisable;

          NOW, THEREFORE, THE PARTIES ENTER INTO THIS AMENDMENT TO CONSULTANT SERVICES AGREEMENT:

1.       Agreement Title

          The original Agreement title is deleted and replaced with the following:

          CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SUNNYVALE AND NOLTE ASSOCIATES FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR GREAHAM AVENUE, CYPRESS AVENUE AND BRITTON AVENUE WATER MAIN REPLACEMENT, UW-03/01/04

2.      Agreement  Section 4  - Payment of Fees and Expenses

          Delete the last two sentences of the first paragraph and replace them with the following:

          In no event shall the total amount of compensation payable under this Agreement exceed the sum of Forty Eight Thousand Four Hundred Ninety Two and no/100 Dollars ($48,492) unless upon written modification of this Agreement.  Notwithstanding the foregoing, the Director of Public Works may, at the Director's sole discretion, authorize the additional services to be performed under this Agreement.

3.       Agreement Exhibit "A" - Scope of Work

Section 1.0 Project Description, Sub- Section 1.1 - Add the following:

c.       BRITTON AVENUE (Duane Avenue to southerly terminus of water main line by Fair Oaks Park) – Replace the existing 6” C.I.P. water main, approximately 495 L.F., with new 6” PVC pipe.

4.       Agreement Exhibit A-1 - Project Schedule

          Delete original Exhibit "A-1" and replace it with attached Exhibit "A-1".

5.       Agreement Exhibit "B" - Compensation

          Delete original Exhibit "B" and replace it with attached Exhibit "B".

          All other terms and conditions remain unchanged.

          IN WITNESS WHEREOF, the parties have executed this Agreement Amendment.

ATTEST:                                              CITY OF SUNNYVALE ("CITY")

By ___________________________ By _____________________________

                   City Clerk                                   Acting City Manager

APPROVED AS TO FORM:               NOLTE ASSOCIATES, INC

                                                          ("CONSULTANT")

By ___________________________          By _____________________________

                   City Attorney

                                                          ________________________________

                                                          Name and Title

                                                          By _____________________________

                                                          ________________________________                                                                         Name and Title

Attachment 1 (pdf format)

Attachment 2