08. SCVWD Agreement
SCVWD ENACTED COPY
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AGMT: .;)85(ISi,'L FILE: ~q ;J-1-34L1
Attachment 1, Page 1 of 3
First Amendment to the July 23, 2004 Agreement (A2859S)
between
City of Cupertino and Santa Clara Valley Water District
for
The Stevens Creek Corridor Restoration Project
Partnership and Collaborative Action Plan
This FIRST AMENDMENT is made and entered into on SEP 1 2 2006 ,2006,
by and between the Santa Clara Valley Water District (DISTRICT) and the City of
Cupertino (CITY), known collectively as PARTIES and individually know as
PARTY. This First Amendment amends the Stevens Creek Corridor Restoration
Partnership and Collaborative Action Plan Agreement (AGREEMENT) regarding
the Stevens Creek Corridor Restoration between the PARTIES dated July 23,
2004.
RECITALS:
WHEREAS, DISTRICT and CITY support the completion of the Stevens Creek
Corridor Restoration for all the reasons stated in the AGREEMENT; and
WHEREAS, DISTRICT and CITY identified on April 21, 2005 additional hydraulic
modeling and field work and DISTRICT authorized an increase of $19,994.80 in
the AGREEMENT reimbursement amount to CITY; and
WHEREAS, DISTRICT and CITY have identified additional work that is beyond
the scope of the AGREEMENT; and
WHEREAS, CITY has made significant progress toward completing the
Stevens Creek Corridor Restoration Project and has hired a consultant to
manage the design and construction of the Stevens Creek Corridor
Restoration.
NOW, THEREFORE, DISTRICT and CITY, under the terms and conditions
hereinafter specified, agree that in order to ensure completion of the work
intended to be done under the AGREEMENT, the AGREEMENT shall be
amended as follows:
Total amount DISTRICT shall reimbursement CITY shall pe increased as
shown on the attached EXHIBIT A. The District cost increase amount is
for consultant work associated with additional geomorphic analysis for the
Creek Restoration Plan, additional biological surveys and the modification
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of the CEQA document from a programmatic document to a project
specific document in an effort to accelerate the project.
All other terms and conditions of AGREEMENT shall remain in force and
effect.
WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.
APPROVED AS TO FORM:
SANTA CLARA VALLEY WATER DISTRICT
~
James Fiedler
Acting Chief Executive Officer
CITY OF CUPERTINO
Approved as to Form
By:
David W. Knapp
City Manager
City Attorney
Attest:
City Clerk
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EXHIBIT A
Cost Sharing Table
For
Stevens Creek Corridor Project
Original Original CEO District City Cost
Item & Consultant Original District Approved Cost Increase Increase
Cost Share % Costs City Share Share Increase July 2006 July 2006
April 2005
Master Plan
100% CITY $104,000 $104,000 None None None $86,594
Creek
Resto'ration Plan $63,953 None $63,953 $19,967 '$36,406 None
100% DISTRICT
Biological
Surveys $43,200 None $43,200 None $27,137 None
100% DISTRICT
Traffic Analysis $22,428 $22,428 None None No
100% CITY None Increase
CEQA IS/MND
50% CITY $64,588 $32,294 $32,294 None $61,269 $61,269
50% DISTRICT
TOTAL $303,274 $163,827 $139,447 $19,967 $124,812 $147,863
Total District Cost = $139,447 + $19,966.80 + $124,812 = $284,226
Total City Cost = $163,827 + $147,863 = $311,690
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