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HomeMy WebLinkAbout2002-05-20 City Council (10)TO: FROM: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PUBLIC WORKS 9 DATE:MAY 20, 2002 CMR:251:02 SUBJECT:APPROVAL OF AGREEMENT BETWEEN THE MEMBER AGENCIES OF THE SAN FRANCISQUITO. CREEKJOINT POWERS AUTHORITY FOR THE FUNDINGAND MAINTENANCE OF THE SAN FRANCISQUITO CREEKLEVEE RESTORATION PROJECT RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached agreement between the member agencies of the San Francisquito Creek JointPowers Authority for the funding and maintenance of theSan Francisquito Creek Levee Restoration Project. BACKGROUND In March 2000, the San Francisquito Creek Joint Powers Authority (JPA) Board of Directors approved a project to restore the creek levees downstream of Highway 101 to their as-built (year 1958) conditions, in order to provide an increased level of flood protection for adjacent residents and businesses. In June 2000, Council approved project funding of $150,000 as part of the FY 2000-01 City budget. Aswork on project design and environmental documentation proceeded in subsequent months, several new issues were identified, making the levee project more complex and more costly than originally envisioned. The primary issues included upstream mitigation measures, right-of-way requirements, and increased project costs. At the September 27, 2001 JPA meeting, the Board approved a resolution outlining the revised scope of the levee project and a process for completing the project design, obtaining regulatory permits and environmental approvals, and constructing the improvements. The JPA Board also gave conceptual approval to a cost-sharing methodology for the project. Since that time, staff of the JPA member agencies have been onferencing on a weekly basis to coordinate the design, permitting, and environmental approvals for the project. DISCUSSION Development and implementation of the levee restoration project has required extensive cooperation between the member agencies of the San Francisquito Creek JPA. Over the CMR:251:02 Page 1 of 4 past several months, staff from the various agencies, with the concurrence of the JPA Board, have identified and resolved a number of detailed issues surrounding the project. The attached agreement (Attachment A) documents the final project scope of work and the roles and responsibilities for each agency with respect to project funding and maintenance. The agreement describes the final scope of work for the levee restoration project as follows: ¯Restoration of the levees downstream of Highway 101 on both sides of the creek to their as-built (year 1958) elevation (see vicinity map, Attachment B). Raising or replacement of the flood wall upstream ofHighway 101 on the south (Palo Alto) ’side of the creek for a distance of approximately 1400 feet (see vicinity map, Attachment B). The flood wall will be raised by an amount that will restore the level of flood protection that existed prior to the construction of the Woodland Creek Apartments project. Closure of the overflow weir and the "Caltrans gap" in the levee upstream of Highway 101 on the north (East Palo Alto) side of the creek. These modifications will provide a level of flood protection on the north side of the creek that is satisfactory to the City of East Palo Alto and the San Mateo County Flood Control District (SMCFCD). The agreement dictates that the levee restoration project be implemented in accordance with the following methodology: ¯The SMCFCD has served as the lead agency for adoption.of the CEQA document for the levee restoration project. The final design, bidding, and construction of the levee restoration project has been split into two separate, but concurrent and coordinated projects. The Santa Clara Valley Water District (SCVWD) is responsible for the work on the south side of the creek, and the City of East Palo Alto is responsible for the north side. Each flood control agency (SCVWD and SMCFCD) will be responsible for monitoring costs and obtaining funding for the work within its jurisdiction, including obtaining contributions (if any) from the cities on their side of the creek. The agreement stipulates that Palo Alto will pay a total of $50,000, plus the actual cost to replace the existing bicycle/pedestrian path, estimated at $100,000. The SCVWD will fund the remaining cost of the work on the south side of the creek. CMR:251:02 Page 2 of 4 ¯The SCVWD and the City of East Palo Alto will assume future maintenance responsibility for downstream levees on their respective sides of the creek. The governing body of each agency must approve the attached agreement in order for the project to proceed to the construction phase. The agreement has been reviewed by Public Works Department staff and the City Attorney’s Office. Staff recommends that Council approve the agreement. ’RESOURCE IMPACT Funds for Palo Alto’s share of the project costs have already been budgeted. In June 2000, Council approved project funding of $150,000 as part of the FY 2000-01 City budget. An allocation of $50,000 was budgeted in the Storm Drainage Fund to. pay the City’s general share of the levee restoration project. An allocation of $100,000 was budgeted’in CIP 10119 Baylands Bike Trail Replacement, to pay for the replacement of the existing bicycle/pedestrian path atop the levee. These amounts have been carried forward into fiscal year 2001-02. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policy. TIMELINE The Santa Clara Valley Water District Board of Directors.is expected to award a contract for the levee restoration and floodwall reconstruction work on the southern bank of San F.rancisquito Creek in early June. The East Palo Alto City Council is expected to award a similar contract for the work on the northern levee. The construction is scheduled to take place’ between June and October 2002. ENVIRONMENTAL REVIEW An Initial Study of environmental impacts and a Mitigated Negative Declaration (IS/NMD) were prepared for the project by the San Mateo County Flood Control District, the designated lead agency for this project for CEQA purposes. The Draft IS/NMD was available for public review and comment during a. 30-day comment period. The San Mateo County Board of Supervisors held a public hearing on April-30, 2002 to review the IS/NMD and to receive formal public comments on the project. Following the public hearing, the Board of Supervisors approved the IS/MND. ATTACHMENTS Attachment A: Agreement Attachment B: Vicinity Map " PREPARED BY: CMR:251:02 JOE TERESI Senior Engineer Page 3 of 4 DEPARTMENT HEAD: CITY MANAGER APPROVAL: GLENN S. ROBERTS Director of Public Works Assistant City Manager Cynthia D’A.gosta, SF Creek JPA Ruben Nino, City of Menlo Park Dave Bishop, City of East Palo Alto Jennie Micko, Santa Clara Valley Water District Walt Callahan, San Mateo County Flood Control District Phil Chang, San Francisquito Watershed Council Jeffrey Shore, Duveneck/St. Francis Neighborhood Association Glenna Violette, Crescent Park Neighborhood Association Janet Levy, Creek Action Committee ClVIR:251:02 Page 4 of 4 ATTACHMENT A AGREEMENT SAN FRANCISQUITO CREEK LEVEE PROJECT Reconstruction and Maintenance of the San Francisquito Creek Levees Downstream of U.S. Highway 101 This AGREEMENT is entered into on ,2002, by andbetween Santa Clara Valley Water District, hereinafter called "WATER DISTRICT," the San Mateo County Flood Control District, hereinafter called "SAN MATEO," the City of East Palo Alto, hereinafter called "EAST PALO ALTO," the City of Palo Alto, hereinafter called "PALO ALTO," and the City of Menlo Park, hereinafter called "MENLO PARK" or collectively as "PARTIES" or generically as "PARTY". WHEREAS the levees along San Francisquito Creek Downstream of U.S. Highway 101, hereinafter called "Levees" are intended to provide flood protection for the businesses and residents of EAST PALO ALTO and PALO ALTO, WHEREAS said levees have subsided and do not provide the level of flood protection that the levees were intended to provide when the levees were built in 1958. WHEREAS the reconstruction of said levees is in the best interest of PARTIES and will benefit the citizens and businesses within the general area of the levees. WHEREAS the future maintenance of said levees is in the best interest of PARTIES and will benefit the citizens and businesses within the general area of the levees. NOW, THEREFORE, PARTIES, for the consideration and upon the terms and conditions hereinafter specified, agree as follows: RECONSTRUCTION OF LEVEES AND ASSOCIATED WORK 1. Project Description A. The San Francisquito Creek Levee Project consists of "in part" the reconstruction to raise the levees on both sides of San Francisquito Creek from station 32+00, approximately 62 feet upstream of the pedestrian bridge, to station 77+87 at the downstream face of the U. S. Highway 101 bridge. The levees are to be raised to match the original top of levee elevfitions as constructed in 1958. Any portion(s) of the PALO ALTO bicycle path that is removed or damaged during the reconstruction of the levees shall be replaced in a manner approved by PALO ALTO. This portion of Project is hereinafter called "Levees." B. The San Francisquito Creek Levee Project includes the replacement .of or modifications to the .existing flood wall along the south bank of San Francisquito Creek in Palo Alto. upstream of the West Bayshore Road bridge from station 80+30 to station 91+00. The flood wall shall be raised to the elevation needed to preserve the water surface freeboard that existed prior to both the installation of Levee reconstruction described in the preceding paragraph and the construction of the Woodland Creek Apartments development in East Palo Alto. This portion of Project is hereinafter called "Floodwall." C. The San Francisquito Creek Levee Project also includes a modification of the weir in the floodwall at the Woodland Creek Apartments and a new fioodwall structure adjacent to the wingwall of the West Bayshore Road bridge upstream of Highway 101 along the north bank of San Francisquito Creek in EAST PALO ALTO. Both the weir modification and new flood control structure adjacent to the wingwall shall not exceed the design elevation of the floodwall on the opposite side of the creek in PALO ALTO. This portion of Project is hereinafter called "Weir and Flood Wall Structure." D. Collectively, the raising of Levees, construction of Floodwall, Weir and Flood Wall Structure described in the preceding three p.aragraphs shall hereinafter be called" Project." E. Each PARTY shall grant to all other PARTIES the rights to enter their property or easements along and adjacent to San Francisquito Creek and its levees downstream of U.S. Highway 101 for the purpose of constructing the Project. 2. WATER DISTRICT Project Responsibilities A. WATER DISTRICT shall prepare construction drawings and specifications for the reconstruction of Levees and ~onstruction of Floodwall. WATER DISTRICT shall provide the other PARTIES opportunities to review and comment on the construction drawings before they are completed. WATER DISTRICT shall provide reproducible copies of the construction drawings and an electronic file of the specifications to EAST PALO ALTO. B. WATER DISTRICT shall acquire, as co-permitee with EAST PALO ALTO the regulatory permits or waivers needed for the construction of Project from the California Department of Transportation, California Department of Fish and Game, California Regional Water Quality Control Board - San Francisco Bay Region, and United States Army Corps of Engineers. C. WATER DISTRICT shall acquire any temporary construction and permanent rights of way or access needed for the construction of Levees and Floodwall along the south bank San Francisquito Creek in PALO ALTO. D. WATER DISTRICT shall advertise for bids to select a contractor to construct Levees in PALO ALTO and Floodwall upstream of HWY. 101 in PALO ALTO. WATER DISTRICT shall perform the needed construction administration and inspection for the construction of Levees and Floodwall.along the south bank of San Francisquito Creek, in PALO ALTO2 Advertising Project, selecting the contractor, construction administration and construction inspection shall be performed in accordance with WATER DISTRICT standard procurement and selection processes including bidding procedures where required or appropriate. E. WATER DISTRICT shall require the construction contractor to name as additional insured on their Comprehensive/Commercial General Liability coverage The Santa Clara Valley WaterDistrict, its directors on the board, officers, employees and agents, the San Mateo County Flood Control District, its supervisors on the board, offigers, employees and agents, .the City of East Palo Alto its council members, officers, employees and agents, the City of Palo Alto its council members, officers, employees and agents, and the City of Menlo Park its council members, officers, employees and agentsy 3. EAST PALO ALTO Project Responsibilities A: EAST PALO ALTO shall prepare construction drawings and specifications for the construction of Weir and Flood Wall Structure upstream of Highway 101 to an elevation not to exceed the top of the floodwall on the opposite side of the creek in PALO ALTO. EAST PALO ALTO shall provide the other PARTIES opportunities to review and comment on the construction drawings before they are completed. B. EAST PALO ALTO shall acquire any temporary construction and permanent rights of way or permission to access needed for the construction of Weir and Flood Wall Structure upstream of Highway 101 and Levees downstream of Highway 101 in EAST PALO ALTO. C. EAST PALO ALTO shall select a contractor and perform the needed construction administration for.the construction of Levee in EAST PALO ALTO and Weir and Flood Wall Structure upstream of Highway 101 in EAST PALO ALTO in accordance with EAST PALO ALTO standard procurement and selection processes including bidding procedures where required or appropriate. D. EAST PALO ALTO shall require the construction contractor to name as additional insured on their Comprehensive/Commercial General Liability coverage The Santa Clara Valley Water District, its directors on the board, officers, employees and agents, the San Mateo County F!ood Control District, its supervisors on the board, officers, employees and agents, the City of East Palo Alto its council members, officers, employees and agents, the City of Palo Alto its council members, officers, employees and agents, and the City of Menlo Park its council members, Officers, employees and agents." 4. SAN MATEO Project Responsibilities A. SAN MATEO shall develop and adopt the necessary environmental document that will meet the requirements of the California Environmental Quality Act (CEQA) for Project. This includes all biological or other assessments needed to complete the environmental document. MAINTENANCE OF PROJECT 5. Maintenance Responsibilities A. WATER DISTRICT shall be responsible for the maintenance of Floodwall upstream of Highway 101 and Levees downstream of Highway 101 along the south bank of San Francisquito Creek in PALO ALTO. The Levees shall be maintained to an elevation not less than one foot below the 1958 design elevations. B. EAST PALO ALTO shall be responsible for the maintenance of Weir and Flood Wall Structure upstream of Highway 101 and Levees downstream of Highway 101 along the north bank of San Francisquito Creek in EAST PALO ALTO. The Levees shall be maintained to an elevation not less than one foot below the 1958 design eleVations C: Each year EAST PALO ALTO and WATER DISTRICT shall inspect the project for deficiencies. Every three years, starting in 2005, EAST PALO ALTO and WATER DISTRICT shall survey the Levee elevations to determine subsidence. Maintenance work needed to maintain the designed level of flood protection or to protect the facility shall be identified during the inspections and surveys. Maintenance work identified which does not result in a change of alignment, arestriction to stream flow, or an increase in the currently existing elevations, shall be considered routine maintenance. Routine maintenance includes but is not limited to vegetation management, erosion repairs/bank stabilization, repair of rodent or mitten crab holes or reconstruction of a damaged portion of Project to currently existing conditions. The PARTY responsible for that portion of the Project shall independently perform the identified routine maintenance. Maintenance work identified that will restore the facility to the design conditions of the Project, as designed in 2002, shall be considered restoration maintenance, Restoration maintenance includes, but is not limited to, work that results in a change of alignment, a restriction to stream flow, an increase in the current existing elevations, or sediment removal. Once restoration maintenance is identified EAST PALO ALTO and WATER DISTRICT ’ shall plan, establish performance standards, budget, review plans, approve each other’s plans, and complete the restoration maintenance within the next 18 months. If either PARTY does not perform, within 18 months of the survey or inspection, the identified restoration maintenance on the portion of the project for which they are responsible, the other PARTY shall perform the restoration maintenance and shall invoice the delinquent PARTY. The delinquent PARTY shall pay the invoice for restoration maintenance performed by the other PARTY within 30 days of receipt of the invoice. D. Prior to performing routine and/or restoration maintenance on any portion of Project, the PARTY proposing to perform the maintenance shall notify the other responsible PARTY (either EAST PALO ALTO or WATER DISTRICT) of the proposed work. The notification shall include a descriptionofthe proposed work, map showing the location of the work, and schedule for performing the work. Notification shall be mailed to the PARTIES at the addresses listed in the Notification paragraph (or such new address subsequently provided for purposes of notification), 30 days before the date of the proposed work. Such advance written notification is not required when emergency maintenance is required. In the case of an emergency, notification will be provided at the earliest possible time. E. EAST PALO ALTO and WATER DISTRICT hereby grant to each other the fight to enter their property or easements along and adjacent to San Francisquito Creek and its levees downstream of U.S. Highway 101 for the purpose to performing the maintenance prescribed in this Agreement or for general inspection of the facilities. F. By mutual agreement of both EAST PALO ALTO and WATER DISTRICT, the levees may be restored to the 1958 elevations even if the difference is less than one foot. The same process as outlined above applies to the coordination of efforts to restore the levees to the 1958 elevationS. G. EAST PALO ALTO shall defend, indemnify and hold DISTRICT, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attomeys’ fees), or claims for injury or damages arising out of the performance or non- performance by EAST PALO ALTO of the maintenance work required to be performed under this section of the agreement in proportion to and to the extent such liability, loss, expense, attomeys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of EAST PALO ALTO its agents, or employees. H. DISTRICT shall defend, indemnify and hold EAST PALO ALTO, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damages arising out of the performance or non- performance by DISTRICT of the maintenance work required to be performed under this section of the agreement in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional, acts or omissions of DISTRICT, its agents, or employees. FINANCIAL 6. Project Cost Sharing A. The Project costs shall be divided between the portions of the Project constructed in EAST PALO ALTO and the portions of the Project constructed in PALO ALTO in the following manner: North Bank Proiect Costs 1.Final Construction Cost. for the portion of the Project along the north bank of San Francisquito Creek (North Bank Construction Costs) consisting of the construction of: A.Weir B.Flood Wall Structure C.Levee along the north bank of San Francisquito Creek 2.Construction Administration in for the portion of the Project along the north bank of San Francisquito Creek 3.Allocated Cost of the preparation work for the development and adoption of the CEQA document. 4.Allocated Cost of the preparation work for the Project plalming, design, acquiring permits and developing the plans and specifications. 5.Temporary or permanent rights of way required for the construction of the Project along the north bank of San Francisquito Creek. The allocated cost shall be based on the proportion of the North Bank Construction Costs to the final construction cost for the entire Project times the cost for the preparation work. The final construction cost is the sum of the North Bank Construction Costs and the South Bank Construction Costs. South Bank Proiect Costs 1.Final Construction Cost for the portion of the Project along the south bank of San Francisquito Creek (South Bank Construction Costs) consisting of the construction of: A. Floodwall B. Levee along the south bank of San Francisquito Creek " 2.Construction Administration for the portion of the Project along the south bank of San Francisquito Creek. 3.Allocated cost of the preparation work for the development and adoption of the CEQA document. 4.Allocated cost of the preparation work for the Project planning, design, acquiring permits and developing the plans and specifications.. 5.Temporary or permanent rights of way required for the construction of the Project along the south bank of San Francisquito Creek. The allocated cost shall be based on the proportion of the South Bank Construction Costs to the final construction cost for the entire Project times the cost for the preparation work. The final construction cost is the sum of the North Bank Construction Costs and the South Bank Construction Costs. B.SAN MATEO shall act as the fiscal agent and shall advance all funds necessary for the preparation and adoption of the CEQA document and the construction of the Weir, Flood Wall Structure and Levee along the north bank of San Francisquito Creek. EAST PALO ALTO shall pay to SAN MATEO $50,000.00 (fifty thousand dollars) towards the costs of the facilities constructed along the north bank of San Francisquito Creek. . MENLO PARK shall pay SAN MATEO $50,000.00 (fifty thousand dollars) towards the cost of the facilities constructed along the north bank of San Francisquito Creek. WATER DISTRICT shall pay SAN MATEO for the costs allocated to the portion of the Project along the north bank of San Francisquito Creek for costs incurred by SAN MATEO for the preparation and adoption of the CEQA document. 4.SAN MATEO shall pay EAST PALO ALTO the full amount of the construction administration for the construction of the Weir, Flood Wall Structure and. Levee along ’the north bank of the San Francisquito Creek. °EAST PALO ALTO shall pay for any Project-related permanent or temporary construction rights of way required along the north bank of San Francisquito Creek. This cost is not reimbursable and does not count toward the calculation of Final Project Cost. All remaining costs will be paid by SAN MATEO, however, SAN MATEO’s total obligation for costs associated with Project shall not to exceed $ 500,000.00 (five hundred thousand dollars). WATER DISTRICT shall act as the fiscal agent.and shall advance all funds necessary for the plans and specifications, acquiring permits and the construction of Floodwall and Levee along the south bank of San Francisquito Creek. 1.PALO ALTO shall pay to WATER DISTRICT $50,000.00 (fifty thousand dollars) towards the costs of the facilities constructed along the south bank of San Francisquito Creek. PALO ALTO shall, in addition, pay WATER DISTRICT the actual Costs for the removal and rebuilding the bicycle trail on the top of the reconstruction Levee along the south bank of San Francisquito Creek. SAN MATEO shall pay WATER DISTRICT for the costs allocated to. the portion of the Project along the north bank of San Francisquito Creek for costsincurred by WATER DISTRICT in preparation of the plans and specifications and. acquiring permits. WATER DISTRICT shall pay for any Project-related permanent or temporary construction rights of way required along the south bank of San Francisquito Creek. This cost is not reimbursable and does not count toward the calculation of Final Project Cost. 5.All remaining cost will be incurred by WATER DISTRICT, however, WATER DISTRICT’s total obligation for costs associated with Project shall not to exceed, . $2,700,000.00 (two million seven hundred thousand dollars). D.Each PARTY shall make its obligated payments within 60 (sixty) days after an invoice is sent by the fiscal agent. The fiscal agent will submit the invoice following the final acceptance of the constructed Project from the contractor, and determination of the final construction cost. 7. Maintenance Cost A. The cost for maintenance of Floodwalland Levees downstream of Highway !01 along ’the south bank of San Francisquito Creek, shall be borne entirely by WATER DISTRICT. Bo The cost for the maintenance of the Weir, Flood Wall Structure and Levees downstream of Highway 101 along the north bank of San Francisquito Creek, shall be borne entirely by EAST PALO ALTO. GENERAL PROVISIONS 8. Term of the Agreement Term of the Agreement shall be for a p~riod of 25 years from the date identified above. As the maintenance of Levees, Floodwall Wall Structure,Weir and creek channel will be ongoing as long as the facilities are in existence, it is the intention of the PARTIES to revise this agreement on such terms and conditions as circumstances warrant. 9. Assignability PARTIES agree that particular work assignments have been made in the interest of dividing the work up to complete the Project. Without the written consent of the other PARTIES, no PARTY shall, assign or transfer anyinterest in this Agreement or any of the obligations hereunder except to contractors or consultants working directly for that PARTY. Any unauthorized attempt by any PARTY to so assign or transfer shall be void and of no effect. Any PARTY hiring a contractor or consultant shall be responsible for the inspection, review, and quality of all work of that contractor or consultant. 10. Structural Strength of Levee The work on the Levee is for the purpose of returning the Levee to the design elevation as constructed in 1958 for the purposes of retaining flood flows within the San Francisquito Creek. The work on the Levee is not intended to provide any additional structural strength to Levee as it currently exists nor is it intended to provide flood protection, greater than the 1958 levee design elevations provide. 8 11. Indemnification Each PARTY~shall defend, indemnify, and hold harmless all othe~ PARTIES, its directors, council members, employees, and agents against any claim, loss or liability arising out of or resulting in any way from work performed under this Agreement due to the willful or negligent ac.ts (active or passive) or omissions by that PARTY or it’s directors, council members, employees, and agents. 12. Nondiscrimination No PARTY shall discriminate, in any way, against any person in connection with or related to the performance of this Agreement because he/she is a veteran or because of a physical or mental disability (including HIV and AIDS); nor on the basis of race, color, religion, gender, national origin, ancestry, marital status, sexual orientation, age (over 40), medical condition (cancer) parental status, pregnancy, the exercise of family care leave rights, or political affiliation.. 13. Termination A. A PARTY shall have the right to terminate this Agreement, for cause, by giving not less than a one year written notice of termination to all of the other PARTIES. No If any PARTY fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, any other PARTY may terminate this Agreement immediately upon written notice. The City Manager of EAST PALO ALTO, the City Manager of PALO ALTO, the City Manager of Menlo Park, the Chief Executive Officer of WATER DISTRICT, and the County Manager of SAN MATEO, are empowered to terminate this Agreement on behalf of their respective agencies. D.In event of termination, each PARTY shall deliver to all of the other PARTIES, upon request, copies of reports, documents, and other work performed by any PARTY under this Agreement. The cost of work performed under this agreement to the date of termination shall be due and payable in accordance with provision 6 (Cost Sharing). 14. Governing Law and Compliance with Laws PARTIES agree that California law shall govern this Agreement. In the performance of this Agreement each PARTY shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local government. 15. Ownership of Materials All reports, documents, or other materials developed or discovered by any PARTY or any other person engaged directly or indirectly by any PARTY to perform the services required hereunder shall be and remain the mutual property of all PARTIES without restriction or ~ limitation upon their use. 9 16. Notification Any and all notices or other communications required to be given hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed as specified below or as later amended by the PARTY in writing: East Palo Alto Palo Alto City of East Palo Alto 2415 University Avenue East Palo Alto, California 94303 Attn.: City Manager City of Palo Alto 250 Hamilton Avenue Palo Alto, California94301 Attn.: City Manager San Mateo Water District San Mateo County . 555 County Center, 5th Floor Redwood City, CA 94063 Attn.: Neil R. Cullen Santa Clara Valley Water District 5750 Almaden Expressway ’San Jose, California 951183614 Attn.: Chief Executive Officer Menlo Park City of Menlo Park 701 Laurel Street Menlo Park, CA 94025-3483 Attn: City Manager 17. Successors and Assigns This Agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind the successors and assigns of the respective PARTIES hereto. 18. Signing by Counterpart This Agreement may be signed in counterpart and each signed document shall constitute the whole as if a single document was signed by all PARTIES. 19. Venue In the event that suit shall be b~ought by any PARTY to this contract, the PARTIES agree that venue shall be exclusively vested in the state courts of either the County of Santa Clara, or the County of San Mateo or where otherwise appropriate, exclusively in the United States Court, Northern District of California, in either Redwood City or San Jose, California. 20. Prior Agreements and Amendments This Agreement represents the entire understanding of the PARTIES as to those matters contained herein. No prior or written understanding including the September 1958 agreement between San Mateo County and the Santa Clara County Flood Control District shall be of any 10 force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by all PARTIES to this Agreement. This Agreement supercedes the Agreement dated September 22, 1958 between the County of San Mateo and the Santa Clara County Flood Control and Water Conservation District, which provided for construction and maintenance of channel improvements on San Francisquito Creek from Bayshore Highway Bridge to San Francisco Bay. CITY OF EAST PALO ALTO By: Monika Hudson City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM Michael Lawson City Attorney 11 CITY-OF PALO,ALTO By: Victor Ojakian Mayor Date: ATTEST: City Clerk APPROVED AS TO FORM City Attorney 12 - CITY OF MENLO PARK By: David Boesch City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM City Attorney 13 SAN MATEO COUNTY FLOOD CONTROL DISTRICT By: Jerry Hill President, Board of Supervisors Date: ATTEST: County Clerk APPROVED AS TO FORM County Counsel 14 SANTA CLARA VALLEY WATER CONTROL DISTRICT By: Stanley M. Williams Chief Executive Officer Date: APPROVED AS TO FORM Emily Cote Assistant General Counsel 15 ATTACHMENT B AIRPORT tAN FOOTBRIDGE PALO ALTO GOLF COURSE DESCRIPTIONS STATIONS LEVEE WORK 32+00 TO 77+0C1 REPLACE EXISTING WALL 80+30 TO MODIFY EXISTING WALL 91+00 TO Source: SCVWD, 2002 LIMITS OF WORK FOR SAN FRANCISQUITO CREEK LEVEE RESTORATION PROJECT San Francisquito creek Levee Restoration and FIoodwall Reconstruction. In.itial Study/Mitigated Negative Declaration