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08-107 City of San Jose Silicon Valley ITS- West Corridor Prjct.FIRST AMENDMENT TO AGREEMENT BETWIEEN THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO FOR THE CONSTRUCTION OF THE SILICON VALLEY ITS -WEST CORRIDOR PROJECT AND OTHER IMPROVEMENTS This First Amendment to Agreement (hereinafter "AGREEMENT") is made and entered into this >S ~ day of (~ 2008, by and between th~~ City of San Jose, a municipal corporation of the State of California (hereinafter "CITY"), and the City of Cupertino, a municipal corporation of the State of California (hereinafter "CUPERTII~TO"). WITNESSETH: WHEREAS, on February 1, 2008, CUPEI:TINO and CITY entered into an agreement entitled "AGREEMENT BETWEEN THE CITY OF SAN JOSE AND CITY OF CUPERTINO FOR THE CONSTRUCTION OF THE SILI(~ON VALLEY ITS -WEST CORRIDOR PROJECT AND OTHER IMPROVEMENTS" ("AGREEMENT"); and WHEREAS, CITY and CUPERTINO desire to amend the AGREEMENT to expand the scope of improvements and increase CUPERTIl~ 0's share of the cost of the improvements by $10,050.81, for a total amount of $64,069.28. NOW, THEREFORE, the parties agree to amend the AGREEMENT as follows: SECTION l: Section 2 entitled, "Scope of IMPROVEMENTS" is amended to read as follows: "CUPERTINO agrees that the IMPROVEIv1ENTS specified hereinafter are additional improvements that are not within the original scope of the PROJECT but will be constructed as part of the PROJECT. The scope of the IMPROVEMENTS is described as follow:;: Table 1 -IMPROVEMENTS I. Stevens Creek Blvd: DeAnza-to-Hw 85 Trunkline Link Item Total Cupertino No. Item Descri tion Qt . Unit Unit Price Cost Share Remove and Replace Existing Pull Box 1 with a No. 6 Pull Box with Extension 10 EA $2,400.00 $24,000.00 $12,000.00 Remove and Replace Existing Pull Box 2 with a Fiber O tic S lice Box 4 EA $3,600.00 $14,400.00 $7,200.00 Remove Existing Signal Interconnect Cable 3 and Clean Conduit 1600 LM $4.80 $7,680.00 $3,840.00 Install Agency-Furnished 144 Strand SMFO 4 Cable in em t conduit 1600 LM $5.00 $8,000.00 $4,000.00 5 Install Agency-Furnished 144 Strand SMFO Cable in occu ied conduit ~ 100 LM $7.20 $720.00 $360.00 6 Slice Fiber 48 s lices) 1 LS $2,666.88 $2,666.88 $1,333.44 7 Test Fiber 48 s lices 1 LS $1,173.12 $1,173.12 $586.56 Subtotal $58,640.00 $29,320.00 Mobilization $4,556.68 $2,278.34 Traffic Control $4,312.62 $2,156.31 Construction Mana ement $8,796.00 $4,398.00 Chan a Order Contin enc $5,864.00 $2,932.00 Stevens Creek Blvd: DeAnza-to-Hw 8.°~ Trunkline Link Total $82,169.30 $41,084.65 II. Cu ertino Laterals: SB85, NB85, Mar ,Stellin ,Saich, Bandle Item No. Item Descri tion Unit Unit Price Total Cost Cupertino Share 1 Furnish and Install 12 Strand SMFO Cable (Branch) in Pull Box (coiled for future 6 EA $11.70 $70.20 $70.20 2 Furnish and Install Underground Splice Closure 6 EA $1,180.00 $7,080.00 $7,080.00 3 Slice Fiber 26 s lices) 1 LS $1,444.56 $1,444.56 $1,444.56 4 Test Fiber (26 s lices) 1 LS $635.44 $635.44 $635.44 Subtotal $9,230.20 $9,230.20 Mobilization $717.24 $717.24 Traffic Control $678.83 $678.83 Construction Mana ement $1,384.53 $1,384.53 Chang a Order Contin enc $923.02 $923.02 Cu ertino Laterals: SB85, NB85, Ma ,Stellin ~, Saich, Bandle Total $12,933.82 $12,933.82 III. Additional S lice Locations: Torre, Portal, Perimeter, Finch, Tantau Item No. Item Descri tion Q Unit Unit Price Total Cost Cupertino Share 1 Furnish and Install 12 Strand SMFO Cable (Branch in Pull Box (coiled for future 5 EA $11.70 $58.50 $58.50 2 Furnish and Install Underground Splice Closure 5 EA $1,180.00 $5,,900.00 $5,900.00 3 Slice and Test Fiber (25 s lices) 1 LS $2,012.50 $2,012.50 $2,012.50 Subtotal $7,971.00 $7,971.00 Desi n $265.12 $265.12 Contract Administration $759.75 $759.75 Con,~truction Mana ement $1,054.94 $1,054.94 Additional Splice Locations: Torre, Portal, Pe~~imeter, Finch, Tantau Total $10,050.81 $10,050.81 TOTAL IMPROVEMENTS COST FUNIIED BY CUPERTINO $64,069.28" SECTION 2: All of the terms and conditions oi' the original AGREEMENT not modified by this First Amendment shall remain in full force and. effect. WITNESS THE EXECUTION HEREOF on th~~ day and year first written above. "CITY" APPROVED AS TO FORM: .~ ~-~~~ ANGELIQUE DRO Date Deputy City At orney I~ITY OF SAN JOSE, a municipal corporation 13y I~ DEANNA J. SAN A A Date Deputy City Manager "CUPERTINO" APPROVED AS TO FORM: ~~ CHARLES KILIAN Date City Attorney CITY OF CUPERTINO, a municipal corporation I3y Gl 7,1d~Z~ RALPH A. QUALLS, JR. Date Director Public Works Department