06-082, Santa Clara Valley Water District
8CVWD ENACTED COPY () 0 - 0 J> ;Z
~ Adm.............
AGMT: .;;85QSa.. FILE: ~q d.-:1- 3t)Cj
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 $19,994.80 in
the AGREEMENT reimbursement amount to CITY; and
WHEREAS, DISTRICT and CITY have identified additional work that is beyond
the scope of the AGREEMENT; and
WHEREAS, CITY has made significant progress toward completing the
Stevens Creek Corridor Restoration Project and has hired a consultant to
manage the design and construction of the Stevens Creek Corridor
Restoration.
NOW, THEREFORE, DISTRICT and CITY, under the terms and conditions
hereinafter specified, agree that in order to ensure completion of the work
intended to be done under the AGREEMENT, the AGREEMENT shall be
amended as follows:
Total amount DISTRICT shall reimbursement CITY shall be increased as
shown on the attached EXHIBIT A. The District cost increase amount is
for consultant work associated with additional geomorphic analysis for the
Creek Restoration Plan, additional biological surveys and the modification
1
of the CEQA document from a programmatic document to a project
specific document in an effort to accelerate the project.
All other terms and conditions of AGREEMENT shall remain in force and
effect.
WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.
APPROVED AS TO FORM:
SANTA CLARA VALLEY WATER DISTRICT
Approved as to Form
-~~
District Counsel
CITY OF CUPERTINO
Approved as to Form
c~$
BY~SW~
David W. Knapp
City Manager
10.(0.0.
Attest:
~~
City Clerk r
2
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
Restoration 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 ISIMND
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
3
RECEIVED
5750 ALMADEN EXPWY
SAN JOSE, CA 95118-3686
TELEPHONE (408) 265-2600
FACIMILE (408) 266-0271
www.valleywater. org
AN EQUAL OPPORTUNI1Y EMPLOYER
SEP 2 0 7006
PUBUC WORKS DEPARTMENT
September 19, 2006
Attn: Terry Greene
City Architect
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Dear Mr. Greene:
Subject: Amendment NO.1 to Agreement A2859S for Stevens Creek Corridor Restoration
Project Partnership and Collaborative Action Plan
(SCVWD Board Mtg: 9/12/06, Item 4)
Enclosed please find four (4) original copies of the above referenced agreement approved by
the Santa Clara Valley Water District Board of Directors on September 12, 2006.
Please sign where indicated and return two (2) fully executed original agreements to me in the
enclosed self-addressed, stamped envelope as soon as possible to complete processing of
District records. A copy of the agenda item is also enclosed for your information.
Should you have any questions regarding the enclosed materials, please feel free to contact me
at (408)265-2607, ext. 2659.
Your assistance to expedite the enclosed documents will be greatly appreciated.
Sincerely,
~Aaftk~.
Natalie F. Dominguez
Board Administrative Assistant II
Office of the Clerk of the Board
Enclosures
cc: L. Keller, Accounting, Contracts, Staff
The mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County through watershed
stewardship and comprehensive management of water resources in a practical, cost-effective and environmentally sensitive manner.