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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 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.