HomeMy WebLinkAboutStaff Report 7014
City of Palo Alto (ID # 7014)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/6/2016
City of Palo Alto Page 1
Summary Title: Approval of First Amended San Francisquito Creek JPA
Funding Agreement
Title: Approval of the First Amended Agreement with the San Francisquito
Creek Joint Powers Authority and its Member Agencies for Funding of
Construction of the San Francisquito Creek Flood Reduction, Ecosystem
Restoration, and Recreation Project, San Francisco Bay to Highway 101
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve, and authorize the City Manager or his
designee to execute, the attached First Amended Agreement with the San
Francisquito Creek Joint Powers Authority (JPA) and its member agencies, funding
construction of the San Francisquito Creek Flood Reduction, Ecosystem
Restoration, and Recreation Project, from San Francisco Bay to Highway 101
(Attachment A).
Background
San Francisquito Creek is the dividing line between San Mateo and Santa Clara
Counties and is bordered by the cities of Palo Alto, Menlo Park, and East Palo
Alto. The creek can cause severe flood damage with very little warning and has
overflowed seven times since 1910. During the February 1998 El Niño event
(approximately a 45-year event), record flooding caused an estimated $28 million
in damages in Palo Alto, East Palo Alto, and Menlo Park. More than 1,100 homes
were flooded in Palo Alto and numerous roadways closed, including Highway 101.
Prior to the 1998 event, the largest flood on record occurred in December 1955,
when the creek overtopped its banks in several locations resulting in
approximately 1,200 acres of commercial and residential property being flooded
and damages estimated at nearly $2 million. Total damages from a one percent
City of Palo Alto Page 2
(100-year) flood event are estimated at $300 million in Santa Clara and San Mateo
Counties, as calculated by the United States Army Corps of Engineers (USACE) in
2011.
Following the historic flood event of 1998, the cities of Palo Alto, Menlo Park, and East
Palo Alto, the San Mateo County Flood Control District, and the Santa Clara Valley
Water District joined together to create the San Francisquito Creek Joint Powers
Authority (JPA). The JPA and its member agencies have been working cooperatively to
implement a series of projects to provide flood protection for local residents. The
JPA’s first major capital improvement project will provide one percent flood
protection from creek flooding for the communities of East Palo Alto and Palo
Alto along San Francisquito Creek between San Francisco Bay and Highway 101.
This portion of the creek is at a high risk of severe flooding from flows coming
down the creek from the hills, with the extent of flooding influenced significantly
by concurrent tide levels in the Bay. The San Francisquito Creek Flood Reduction,
Ecosystem Restoration, and Recreation Project, San Francisco Bay to Highway 101
(Project) is the necessary first step in an overall plan to provide protection to
properties located within the flood-prone areas of the San Francisquito Creek
watershed. Work upstream of Highway 101 cannot be undertaken until the
downstream reaches of the creek are expanded to accommodate higher flow
rates and increase capacity. The scope of this project will include construction of
setback levees and floodwalls from San Francisco Bay to Highway 101 that will
provide one percent flood protection.
Implementation of the Project has been delayed for several years while the JPA
sought the necessary regulatory permits from state and federal resource
agencies, including the United States Army Corps of Engineers, California
Department of Fish and Wildlife, San Francisco Bay Regional Water Quality
Control Board and Bay Conservation and Development Commission. All required
permits have now been secured and work is authorized to proceed.
In June 2014, the JPA and its member agencies agreed on the terms of a funding
plan to pay for the construction of the Project based on estimated costs for the
construction and related costs for construction administration, utility relocation
and Project environmental mitigation.
Discussion
The Santa Clara Valley Water District (Water District), with its extensive workforce
City of Palo Alto Page 3
resources and flood management project expertise, is serving as the JPA’s
construction manager for the Project. The Water District advertised the Project
for construction bids on February 26, 2016 and received bids on April 28. The
Water District received eight bids from qualified contractors for the Project, with
prices ranging from $26.4 million to $38.9 million. The low bid, which is
approximately 12.8% above the final engineer’s estimate of $23.4 million, is valid
for a period of 45 days, expiring on June 14, 2016. The bidding conditions were
likely influenced by the recent discovery of Ridgway’s rails, an endangered bird
species, unexpectedly nesting in the creek upstream of the Friendship Bridge. The
presence of the birds necessitated a construction scheduling restriction that
resulted in the Project timetable being extended from two construction seasons
to three, with work scheduled for completion in December 2018. The cost of labor
and equipment for an additional construction season likely drove contractor costs
and resulting bid prices higher.
Higher than expected construction bids, along with other cost escalations for
utility relocations and permit mitigation measures, have increased the total
Project construction cost beyond the funding sources identified in the 2014
funding agreement. Executive staff from the JPA and its member agencies have
been meeting over the past several weeks on a regular basis to identify
supplemental funding sources to close the Project funding gap. Each of the
agencies has now given a tentative commitment, subject to approval by each
governing body, to contribute a sum of money that will fully fund the Project and
allow the Water District to award the construction contract to the low bidder. The
revised funding plan will be enacted through the approval of the attached
Amended Agreement. Changes to the original 2014 agreement are highlighted in
the attached annotated version (Attachment B). Assuming the JPA Board and
each member agency’s governing body approves the Amended Agreement, the
Water District plans to award a construction contract before the bids expire on
June 14, 2016 so work on the Project can begin this construction season. The
original 2014 and the revised 2016 Project construction costs and proposed
funding sources included in the Amended Agreement are listed in the following
tables.
San Francisco Bay to Hwy 101 Project - Estimated Construction Costs (2014 vs. 2016)
Cost Item 2014
Amount
2016
Amount
City of Palo Alto Page 4
Project construction cost $28.2M $29.0M
SCVWD construction management $2.8M $3.6M
DWR Grant administration $0.15M $0.15M
Palo Alto Golf Course mitigation $3.0M $3.0M
PG&E electric and gas utility
relocation
$2.7M $4.4M
EPASD sanitary sewer relocation $0.4M $0.85M
Right-of-way acquisition $0.1M $0.1M
Project mitigation costs $0.05M $0.3M
Total Project Funding $37.4M $41.4M
San Francisco Bay to Hwy 101 Project - Construction Funding Sources (2014 vs. 2016)
Funding Sources 2014
Amount
2016
Amount
Palo Alto --- $0.4M
Menlo Park --- $0.8M
East Palo Alto $0.8M $1.3M
San Mateo County $0.8M $2.1M
SCVWD $27.95M $28.0M
State of California DWR Grants $7.85M $8.9M
Total Project Funding $37.4M $41.4M
Under the terms of the Amended Agreement, Palo Alto’s financial contribution to
the Project would be $400,000, payable over three fiscal years. The initial
payment due in FY 2017 would be $133,334, with additional payments of
$133,333 each payable in FY 2018 and 2019.
Timeline
The JPA Board and the governing body of each of the JPA member agencies are
scheduled to approve the Amended Agreement between May 26 and June 14,
2016. Assuming that the Amended Agreement is approved by all parties, the
City of Palo Alto Page 5
Water District intends to award a construction contract for the Project on June
14. Construction work will commence in July 2016 and continue through
December 2018. The full flood protection benefits of the Project will be in place
for the 2018-19 storm season.
Resource Impact
Funds for Palo Alto’s FY 2017 contribution to the Project are available from
existing appropriated funds in Capital Improvement Program Project, OS-09001,
Off-Road Pathway Resurfacing and Repair. This payment would be used to offset
the Project cost of resurfacing the portion of the creek levee that serves as a
segment of the regional Bay Trail. The remaining payments in FY 2018 and 2019
would be paid from the Infrastructure Reserve.
Policy Implications
The recommendation does not represent any changes to existing City policies.
Environmental Review
The San Francisquito Creek Joint Powers Authority certified the Final
Environmental Impact Report (EIR) for the San Francisquito Creek Flood
Reduction, Ecosystem Restoration, and Recreation Project, San Francisco Bay to
Highway 101 as the Lead Agency under the California Environmental Quality Act
(CEQA) in October 2012.
Attachments:
A - First Amended Funding Agreement (PDF)
B - First Amended Funding Agreement (Redline/Strikeout Version) (PDF)
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 1 of 16
FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR FUNDING CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
This First Amended Agreement (“Agreement”) amends the terms and conditions of the original
Agreement dated August 11, 2014, is made and entered into as of the date it is fully executed
by and between the SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY (“Authority”),
a California joint powers authority, the SANTA CLARA VALLEY WATER DISTRICT (“Water
District”), a special district of the State of California, the San Mateo County Flood Control
District, a special district of the State of California (“Flood District”), the CITY OF PALO ALTO
(“Palo Alto”), the CITY OF EAST PALO ALTO (“East Palo Alto”), and the CITY OF MENLO
PARK (“Menlo Park”), collectively referred to as “the Parties” or individually as “Party.” The
effective date of this Agreement will be the last date that this Agreement is executed by the
Parties.
The purpose of this Agreement is to define the roles and responsibilities of the Parties for
funding construction and mitigation activities of the San Francisquito Creek Flood Reduction,
Ecosystem Restoration, and Recreation Project, San Francisco Bay to Highway 101 (“Project”).
R E C I T A L S
A. San Francisquito Creek (“Creek”) has a history of flooding the communities in and
around East Palo Alto, Menlo Park and Palo Alto, most recently in December 2012,
impacting residential properties adjacent to the Creek.
B. Following the severe flood in February 1998, East Palo Alto, Menlo Park, and Palo Alto
along with the Flood District and the Water District formed the Authority on May 18,
1999. These entities are all full members of the Authority. The Authority was authorized
to represent its member agencies as the local sponsor for a U.S. Army Corps of
Engineers’ (“USACE”) San Francisquito Creek flood control project on May 23, 2002.
C. In March 2005 the USACE, working with the Authority, completed a reconnaissance
study for the Creek. The reconnaissance study results indicated a Federal Interest in
developing a flood control project for San Francisquito Creek. Therefore, the USACE
has engaged in the feasibility study (“Study”) phase of the San Francisquito Creek Flood
Damage Reduction and Ecosystem Restoration Project (“FDRER”) which requires a
Feasibility Cost Share Agreement with a local sponsor.
D. The Authority entered into a Feasibility Cost Share Agreement (“FCSA”) with the San
Francisco District of the USACE for the Study on the Creek. The USACE, pursuant to
the FCSA, is developing a project to evaluate flood protection and ecosystem restoration
opportunities within the San Francisquito Creek Watershed in Santa Clara and San
Mateo Counties. At the conclusion of the Study, the USACE will issue a Federally
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Construction Funding Agreement
May 24, 2016 Page 2 of 16
Preferred Plan, which will detail the pre-design actions to be taken to complete the
FDRER.
E. The USACE’s ability to complete the Study has been impacted by unanticipated delays
due to federal funding constraints and USACE’s processes.
F. Due to the USACE’s delay in completing the Feasibility Study and the Member
Agencies’ desire to begin addressing the risk of flooding in their jurisdictions, the
Authority and Member Agency staff conducted a process of evaluating alternatives for
an initial capital project and recommended a preferred alternative with conceptual design
drawings to the Authority Board of Directors for consideration.
G. On July 23, 2009, the Authority’s Board of Directors unanimously approved the staff’s
recommended Project and authorized its Executive Director to pursue funding
opportunities and to contract with qualified consultants to perform 1) planning and design
services and 2) environmental impact assessment and planning for the Project.
H. The Authority, the Water District, and the Flood District entered into an agreement on
November 3, 2009 to fund the design and environmental documentation of the Project.
I. The Authority hired a design engineering firm and an environmental consulting firm to
prepare design documents and an Environmental Impact Report (“EIR”) for the Project.
J. On October 25, 2012, the final EIR was certified by the Authority. The Notice of
Determination (NOD) was filed by the Authority with the County of Santa Clara, Office of
the Clerk/Recorder and by the County of San Mateo Office of the Recorder, on July 30,
2013.
K. In November 2012, the voters of Santa Clara County approved Measure B, the Water
District’s Safe, Clean Water special tax initiative which will provide significant funding
toward the Project costs. The District will contribute approximately $28 million toward
Project costs from its Safe, Clean Water program and other sources.
L. On January 9, 2013, the Authority entered into an agreement with the State of California,
Department of Water Resources (DWR) for $8 million in Proposition 1E (Prop 1E) grant
funding from DWR’s Stormwater Flood Management Program to be applied towards
Project costs. Of the amount awarded, $7,875,000 is available for reimbursement of
Project costs.
M. On January 13, 2016, DWR awarded $1,044,351 in Proposition 84 (Prop 84) funds to
the Project as part of the Association of Bay Area Governments Shoreline
Resiliency/Sea Level Rise Proposal to be administered by the State Coastal
Conservancy. Of the amount awarded, $953,351 is available for reimbursement of
Project costs.
N. The Flood District will contribute $2,060,000 toward Project costs. The Flood District’s
financial contribution will be in an amount equal to the combined financial contributions
made by East Palo Alto and Menlo Park.
O. The City of East Palo Alto will contribute $1,260,000 towards Project costs.
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Construction Funding Agreement
May 24, 2016 Page 3 of 16
P. The City of Menlo Park will contribute $800,000 towards Project costs.
Q. The City of Palo Alto will contribute $400,000 towards Project costs.
R. The Project directly benefits the City of Menlo Park as its completion is necessary to
accommodate future flood protection measures located in Menlo Park, upstream of the
Project, which may be constructed in the future. In addition, Palo Alto is impacted by the
Project because realignment of a portion of its municipal golf course is necessary to
accommodate various flood protection construction elements of this Project.
S. For the purpose of this Agreement, funding from Menlo Park, East Palo Alto, Palo Alto,
the Flood District, the Authority, and any future funds from grants or other sources,
contributed toward Project costs, shall be referred to as “Non Water District Funds.”
T. On December 22, 2015, the Water District and the Authority entered into a Construction
Management Agreement designating the Water District as the entity responsible for
managing construction of the Project.
U. The Parties desire to enter into this Agreement to provide for reimbursement of Water
District expenditures towards construction of the Project from funding that may become
available through Non Water District Funds.
NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and
conditions in the paragraphs contained herein below, the Parties agree as follows:
P R O V I S I O N S
1. Project Purposes
The Project’s purposes are to improve flood protection, restore the ecosystem, and
provide recreational opportunities within the Project’s reach, with the following specific
objectives: 1) protect properties and infrastructure between Highway 101 and the San
Francisco Bay from San Francisquito Creek flows resulting from 100 year flood events
in conjunction with a 100-year tide, including projected Sea Level Rise; 2) accommodate
future flood protection measures upstream of the Project that may be constructed; 3)
enhance habitat along the Project reach, particularly habitat for threatened and
endangered species; 4) enhance recreational uses; and 5) minimize operational and
maintenance requirements.
2. Identified Project Costs and Funding Amounts
Construction of the Project, including finalization of the design, is currently estimated to
cost approximately $41.32 million (Table 1), not including internal Project management
costs incurred by the Water District or contingency costs for utility relocation expenses
above the stated contract estimates.
(remainder of page intentionally left blank)
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 4 of 16
Table 1
Identified Project Costs
Costs Current
Palo Alto Golf Course mitigation $3,000,000
Other mitigation activities $300,000
Pacific Gas & Electric Company
(without contingency)
Electric Relocation $1,267,000
Gas Relocation $3,141,000
East Palo Alto Sanitary District
(without contingency Sewer Relocation $848,000
East Palo Alto real estate acquisition $85,000
Construction Management (Hatch Mott MacDonald) $2,565,000
Construction Support Services (HDR) $853,000
Completed design services (HDR) $230,000
Construction contract with 10% contingency $29,026,800
Total Identified Project Costs $41,315,800
Based on the Total Identified Project Costs as stated in Table 1 above, the Parties agree
to contribute the following amounts toward these costs (Table 2).
Table 2
Funding
Funding Sources Original
Funding
Agreement
Funds shifted
from upstream
project
Newly
identified
funding
Total
contribution
Water District Funds $28,000,000 $0 $0 $28,000,000
Non
Water
District
Funds
Authority
Prop 1E
Grant
$7,875,000 $0 $0 $7,875,000
Prop 84
Grant
$0 $0 $953,351 $953,351
Flood District $800,000 $700,000 $560,000 $2,060,000
East Palo Alto $800,000 $200,000 $260,000 $1,260,000
Menlo Park $0 $500,000 $300,000 $800,000
Palo Alto $0 $0 $400,000 $400,000
Total Funding $37,475,000 $1,400,000 $2,473,351 $41,348,351
3. Payment of Project Costs
A. Through use of DWR Prop 1E and Prop 84 grant funds, along with agreements
that provide additional funding to the Authority, including a cost sharing
agreement whereby the Water District will fund the discrepancy between the
available grant funding and anticipated expenses, the Authority agrees to pay the
currently estimated Project costs as stated below. If the Authority receives
additional grant or other funding for this project, such funds shall be applied first
towards costs that are the responsibility of the Authority, itemized in paragraph
#3. A. a) through g), with any remaining funds remitted to the Water District and
applied toward Project Costs. The Authority will provide to the Water District
documentation of all listed expenses incurred and paid for by the Authority.
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Construction Funding Agreement
May 24, 2016 Page 5 of 16
a) $3,000,000 to the City of Palo Alto to mitigate for impacts to the City of
Palo Alto Municipal Golf Course;
b) $300,000 for other mitigation activities;
c) $4,408,000 to Pacific Gas and Electric Company to relocate gas and
electric transmission lines;
d) $848,000 to the East Palo Alto Sanitary District to relocate a sewer line;
e) $85,000 for property acquisition within East Palo Alto;
f) $230,000 to HDR for completed design services; and
g) $853,000 to HDR for construction support services.
B. Flood District agrees to fund $2,060,000 of Project costs, payable to the Water
District during three consecutive years. The payments will be made as follows:
$800,000 (Year 1); $630,000 (Year 2); and $630,000 (Year 3). The Year 1
payment will be remitted to the Water District within 180 days after a construction
contract is awarded. The Year 2 and Year 3 payments will be remitted to the
Water District within 180 days of the beginning of each respective fiscal year.
C. East Palo Alto agrees to fund $1,260,000 of Project costs, payable to the Water
District during three consecutive years. The payments will be made as follows:
$420,000 (Year 1); $420,000 (Year 2); and $420,000 (Year 3). The Year 1
payment will be remitted to the Water District within 180 days after a construction
contract is awarded. The Year 2 and Year 3 payments will be remitted within 180
days of the beginning of each respective fiscal year.
D. Menlo Park agrees to fund $800,000 of Project costs, payable to the Water
District during three consecutive years. The payments will be made as follows:
$300,000 (Year 1); $250,000 (Year 2); and $250,000 (Year 3). The Year 1
payment will be remitted to the Water District within 180 days after a construction
contract is awarded. The Year 2 and Year 3 payments will be remitted within 180
days of the beginning of each respective fiscal year.
E. Palo Alto agrees to fund $400,000 of Project costs, payable to the Water District
during three consecutive years. The payments will be made as follows: $133,334
(Year 1); $133,333 (Year 2); and $133,333 (Year 3). The Year 1 payment will be
remitted to the Water District within 180 days after a construction contract is
awarded. The Year 2 and Year 3 payments will be remitted within 180 days of
the beginning of each respective fiscal year.
F. Through Water District funds and funds remitted to the Water District by Palo
Alto, Flood District, East Palo Alto and Menlo Park, the Water District agrees to
pay the currently estimated Project costs as stated below.
a) $2,565,000 for Construction Management Consultant; and
b) $26,388,000 for construction contract and a separate encumbrance of
10% of the construction contract amount ($2,638,800) for contingent
expenses.
4. Unidentified Project Costs and/or Surplus Funds
A. The Parties agree to apply any surplus funds toward unidentified Project costs
which exceed the current estimated Identified Project Costs (Table 1). If there are
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 6 of 16
no surplus funds, the Parties agree to determine an appropriate cost sharing
allocation to pay for any unidentified Project costs or costs which exceed the
current estimated Identified Project Costs.
B. If there are any surplus funds after paying all identified or unidentified Project
costs, the Water District shall retain those funds which shall be reallocated
toward construction of the San Francisquito Creek local-state-funding-only
project, upstream of Highway 101.
5. Method and Timing of Transactions
A. Water District shall prepare and submit quarterly invoice packages to the Authority.
Water District’s Quarterly invoice packages will include Project progress reports and
all other documentation required by DWR and the State Coastal Conservancy
sufficient to enable the Authority to submit subsequent funding requests to DWR for
grant funding reimbursement.
B. Authority shall submit a request for grant fund reimbursement to DWR and the State
Coastal Conservancy within 15 days of receipt of invoice packages from Water
District, provided all DWR and the State Coastal Conservancy-related invoicing
requirements are met. To the extent funds are available, the Authority will pay for
all costs itemized in paragraph #3. A. a) through g).
C. Non Water District Funds contributed by Flood District, East Palo Alto, Menlo Park,
and Palo Alto will be remitted to the Water District as set forth in paragraph #3,
Payment of Project Costs, subparagraphs B.-E.
6. Indemnification
A. In lieu of and notwithstanding the pro rata risk allocation, which might otherwise
be imposed between the Parties pursuant to Government Code Section 895.6,
the Parties agree that all losses or liabilities incurred by a Party shall not be
shared pro rata but, instead, the Member Agencies agree that, pursuant to
Government Code Section 895.4, each of the Parties hereto shall fully indemnify
and hold each of the other Parties, their officers, board members, employees,
and agents, harmless from any claim, expense or cost, damage or liability
imposed for injury (as defined in Government Code Section 810.8) occurring by
reason of the negligent acts or omissions or willful misconduct of the
indemnifying Party, its officers, employees, or agents, under or in connection with
or arising out of any work, authority, or jurisdiction delegated to such party under
this Agreement. No Party, nor any officer, board member, or agent thereof shall
be responsible for any damage or liability occurring by reason of the negligent
acts or omissions or willful misconduct of the another party hereto, its officers,
board members, employees, or agents, under or in connection with or arising out
of any work, authority or jurisdiction delegated to such other Party under this
Agreement. The obligations set forth in this paragraph will survive termination
and expiration of this Agreement.
B. In the event of concurrent intentional or unintentional misconduct, negligent acts
or omissions by any one of the Parties (or each of their respective officers,
directors and/or employees), then the liability for any and all claims for injuries or
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 7 of 16
damages to persons and/or property which arise out of each and any of their
performance of the terms and conditions of this Agreement shall be apportioned
according to the California law of comparative negligence. The Parties hereto are
not jointly and severally liable on any liability, claim, or lawsuit.
C. The Water District’s construction contract will require the construction contractor
to secure and maintain in full force and effect all times during construction of the
Project and until the Project is accepted by the Parties, general liability and
property damage insurance, business automobile insurance and such other
insurance as the Parties deem appropriate, in forms and limits of liability
acceptable to the Parties, naming Water District, Authority and each of its
Member Agencies and their respective directors, council members, officers,
employees and agents as additional insureds from and against all damages and
claims, losses, liabilities, costs or expenses arising out of or in any way
connected to the construction of the Project.
D. The duties and obligations of paragraph #6. Indemnification, will survive and
continue in full force and effect after the termination, completion, suspension, and
expiration of this Agreement.
7. Retention of Records, Right to Monitor and Audit
Unless a longer period of time is required by law or federal or state grant funding
agreements, the Parties shall maintain all financial records related to this Agreement
and/or the Project for five (5) years after the Agreement expires or is terminated earlier
pursuant to paragraph #9. Termination, of this Agreement. The records shall be subject
to the examination and/or audit of either Party.
8. Agreement Term
This Agreement shall commence on the Effective Date and remain in place until the
construction of the Project is completed and accepted by the Parties, or this Agreement
is terminated earlier by the Parties in the manner authorized by paragraph #9.
Termination.
9. Termination
A. 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 but only after giving written notice of the failure of performance to
the Party committing the failure with a copy of such notice given to all other
Parties. Such notice shall explain the alleged failure of performance and provide
a reasonable opportunity for the failure to be cured which in no case will be less
than 30 days. If the failure of performance is not satisfactorily cured within the
cure period, the Agreement may be terminated upon the delivery of a written
notice of termination to all of the Parties.
B. A final notice of termination may be given only after completion of the notice and
cure process described in paragraph #9.A. and only with the approval of the
governing body of the Party terminating the Agreement.
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Construction Funding Agreement
May 24, 2016 Page 8 of 16
C. 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 the provisions of
this Construction Funding Agreement to be executed by the Parties prior to
Water District’s commencement of the bid process for award of a construction
contract for the Project.
D. Notwithstanding the foregoing, after the Water District awards a construction
contract for the Project, this Agreement may only be terminated by the mutual
written agreement of all of the Parties as approved by the governing body of each
Party or pursuant to a delegation of such authority.
10. Notices
Any notice or other communication required or permitted to be given hereunder shall not
be effective unless it is given in writing and shall be delivered (a) in person, (b) by
certified mail, postage prepaid, return receipt requested, or (c) by a commercial
overnight courier that guarantees next day delivery and provides a receipt, and
addressed to the parties at the addresses stated below, or at such other address as
either party may hereafter notify the other parties in writing:
Authority: San Francisquito Creek Joint Powers Authority
615-B Menlo Avenue
Menlo Park, California 94025
Attention: Len Materman, Executive Director
len@sfcjpa.org
Water District: Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, California 95118
Attention: Norma Camacho, Interim Chief Executive Officer
ncamacho@valleywater.org
Palo Alto City of Palo Alto
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Attention: James Keene, City Manager
james.keene@cityofpaloalto.org
East Palo Alto City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303
Attn: Carlos Martinez, City Manager
cmartinez@cityofepa.org
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 9 of 16
Menlo Park City of Menlo Park
701 Laurel Street
Menlo Park, CA 94025
Attention: Alex McIntyre, City Manager
admcintyre@menlopark.org
Flood Control District Department of Public Works
555 County Center, 5th Floor
Redwood City, CA 94063
Attention: James Porter, Director
jporter@smcgov.org
Service of any such notice or other communications so made shall be deemed effective
on the day of actual delivery (whether accepted or refused) as evidenced by:
a) confirmed in-person delivery by the addressee or other representative of the Party
authorized to accept delivery on behalf of the addressee, b) as shown by the
addressee’s return receipt if by certified mail, or c) as confirmed by the courier service if
by courier; provided, however, that if such actual delivery occurs after 5:00 p.m. (local
time where received) or on a non-business day, then such notice or demand so made
shall be deemed effective on the first business day immediately following the day of
actual delivery. No communications via electronic mail shall be effective to give any
notice, request, direction, demand, consent, waiver, approval or other communications
hereunder.
11. Severability
In the event any portion of this Agreement is declared by any court of competent
jurisdiction to be invalid, illegal or unenforceable, such portion shall be severed from this
Agreement and the remaining parts hereof shall remain in full force and effect as fully as
though such invalid, illegal or unenforceable portion had never been part of this
Agreement.
12. Governing Law and Compliance with Laws
The parties agree that California law governs this Agreement. In the performance of this
Agreement each Party will comply with all applicable laws, ordinances, codes and
regulations of the federal, state, and applicable local government.
13. Venue
In the event that suit shall be brought 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 District Court, Northern District of California.
14. Assignability and Subcontracting
Parties shall not assign this Agreement or any portion thereof to a third party or
subcontract with a third party to provide services required under this Agreement without
the prior written consent of the other parties. Any unauthorized attempt by any Party to
so assign or transfer shall be void and of no effect. Notwithstanding the foregoing,
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 10 of 16
a Party may hire a consultant to fulfill its obligations as described above in paragraph #5.
Method and Timing of Transactions.
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 Authority and Water District
without restriction or limitation upon their use.
16. Entire Agreement
This First Amended Agreement constitutes the entire Agreement between the Parties
with respect to the subject matter hereof and supersedes all prior offers and
negotiations, oral and written, including but not limited to the original Agreement dated
August 11, 2014. This First Amended Agreement may not be amended or modified in
any respect whatsoever except by an instrument in writing signed by authorized
representatives of all Parties.
17. Further Actions
The Authority and Water District agree to execute all instruments and documents, and to
take all actions, as may be reasonably required to consummate the transactions
contemplated by this Agreement.
18. Counterparts
This Agreement may be executed in any number of counterparts, each of which, when
executed and delivered, shall be deemed to be an original, and all of which, taken
together, shall be deemed to be one and the same instrument.
19. Non Waiver
A Party’s waiver of any term, condition, or covenant, or breach of any term, condition or
covenant will not be construed as a waiver of any other term, condition or covenant.
20. Third Parties
This Agreement is entered into only for the benefit of the Parties executing this
Agreement and not for the benefit of any other individual, entity, or person.
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Signatures follow on next pages
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 11 of 16
FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR FUNDING CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the San Francisquito Creek Joint Powers Authority has executed this
Funding Agreement as of the date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: San Francisquito Creek Joint Powers Authority
By: ______________________________ By: ______________________________
Greg Stepanicich Len Materman
SFCJPA General Counsel Executive Director
Date: ____________________________ Date: ____________________________
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 12 of 16
FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR FUNDING CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the Santa Clara Valley Water District has executed this Funding
Agreement as of the date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: Santa Clara Valley Water District
By: ___________________________ By: ____________________________
Leslie Orta Barbara Keegan
Senior Assistant District Counsel Chair/Board of Directors
Office of the District Counsel
Date: __________________________ Date: ___________________________
ATTEST: MICHELE L. KING, CMC
__________________________________
Clerk/Board of Directors
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 13 of 16
FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR FUNDING CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the City of Palo Alto has executed this Funding Agreement as of the
date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: City of Palo Alto
By: ___________________________ By: ____________________________
Molly Stump James Keene
City Attorney City Manager
Date: __________________________ Date: ___________________________
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 14 of 16
FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR FUNDING CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the City of East Palo Alto has executed this Funding Agreement as of
the date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: City of East Palo Alto
By: ___________________________ By: ____________________________
Print Name:______________________ Print Name:______________________
Title: ___________________________ Title: ___________________________
Date: __________________________ Date: ___________________________
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 15 of 16
FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR FUNDING CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the City of Menlo Park has executed this Funding Agreement as of
the date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: City of Menlo Park
By: _____________________________ By: ______________________________
William L. McClure Alex D. McIntyre
City Attorney City Manager
Date: _________________________ Date:______________________________
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
May 24, 2016 Page 16 of 16
FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR FUNDING CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the San Mateo Flood Control District has executed this Funding
Agreement as of the date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: San Mateo County Flood Control District
By: ___________________________ By: ______________________________
John Beiers Warren Slocum
County Counsel President, Board of Supervisors, San Mateo
Date: __________________________ Date: _____________________________
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
February 4May 172034, 2016
Page 1 of 1516
AMENDMENT NO. 1 TO THE FIRST AMENDED AGREEMENT AMONG
AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR FUNDING CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
This First Amended Agreement (“Agreement”) amends the terms and conditions of the original
Agreement dated August 11June 10, 2014, is made and entered into as of the date it is fully
executed by and between the SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY
(“Authority”), a California joint powers authority, the SANTA CLARA VALLEY WATER
DISTRICT (“Water District”), a special district of the State of California, the San Mateo County
Flood Control District, a special district of the State of California (“Flood District”), the CITY OF
PALO ALTO (“Palo Alto”), the CITY OF EAST PALO ALTO (“East Palo Alto”), and the CITY OF
MENLO PARK (“Menlo Park”), collectively referred to as “the Parties” or individually as “Party.”
The effective date of this Agreement will be the last date that this Agreement is executed by the
Parties.
The purpose of this Agreement is to define the roles and responsibilities of the Parties for
funding construction and mitigation activities of the San Francisquito Creek Flood Reduction,
Ecosystem Restoration, and Recreation Project, San Francisco Bay to Highway 101 (“Project”).
R E C I T A L S
A. San Francisquito Creek (“Creek”) has a history of flooding the communities in and
around East Palo Alto, Menlo Park and Palo Alto, most recently in December 2012,
impacting residential properties adjacent to the Creek.
B. Following the severe flood in February 1998, East Palo Alto, Menlo Park, and Palo Alto
along with the Flood District and the Water District formed the Authority on May 18,
1999. These entities are all full members of the Authority. The Authority was authorized
to represent its member agencies as the local sponsor for a U.S. Army Corps of
Engineers’ (“CorpsUSACEUSACE”) San Francisquito Creek flood control project on May
23, 2002.
C. In March 2005 the CorpsUSACE, working with the Authority, completed a
reconnaissance study for the Creek. The reconnaissance study results indicated a
Federal Interest in developing a flood control project for San Francisquito Creek.
Therefore, the CorpsUSACE has engaged in the feasibility study (“Study”) phase of the
San Francisquito Creek Flood Damage Reduction and Ecosystem Restoration Project
(“FDRER”) which requires a Feasibility Cost Share Agreement with a local sponsor.
D. The Authority entered into a Feasibility Cost Share Agreement (“FCSA”) with the San
Francisco District of the CorpsUSACE for the Study on the Creek. The CorpsUSACE,
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Construction Funding Agreement
March 4May 1224307, 2016 Page 2 of 22
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pursuant to the FCSA, is developing a project to evaluate flood protection and
ecosystem restoration opportunities within the San Francisquito Creek Watershed in
Santa Clara and San Mateo Counties. At the conclusion of the Study, the CorpsUSACE
will issue a Federally Preferred Plan, which will detail the pre-design actions to be taken
to complete the FDRER.
E. The CorpsUSACE’ ability to complete the Study has been impacted by unanticipated
delays due to federal funding constraints and CorpsUSACE’ processes.
F. Due to the Corp’sUSACE’s delay in completing the Feasibility Study and the Member
Agencies’ desire to begin addressing the risk of flooding in their jurisdictions, the
Authority and Member Agency staff conducted a process of evaluating alternatives for
an initial capital project and recommended a preferred alternative with conceptual design
drawings to the Authority Board of Directors for consideration.
G. On July 23, 2009, the Authority’s Board of Directors unanimously approved the staff’s
recommended Project and authorized its Executive Director to pursue funding
opportunities and to contract with qualified consultants to perform 1) planning and design
services and 2) environmental impact assessment and planning for the Project.
H. The Authority, the Water District, and the Flood District entered into an agreement on
November 3, 2009 to fund the design and environmental documentation of the Project.
I. The Authority hired a design engineering firm and an environmental consulting firm to
prepare design documents and an Environmental Impact Report (“EIR”) for the Project.
J. On October 25, 2012, tThe final EIR was certified by the Authority on October 25, 2012.
The Notice of Determination (NOD) was filed by the Authority with the County of Santa
Clara, Office of the Clerk/Recorder and by the County of San Mateo Office of the
Recorder, on July 30, 2013.
K. In November 2012, the voters of Santa Clara County approved Measure B, the Water
District’s Safe, Clean Water special tax initiative which will provide significant funding
toward the Project costs. The District will contribute approximately $28 million toward
Project construction costs from its Safe, Clean Water program and other sources.
ML. On January 9, 2013, the Authority entered into an Agreement agreement with the State
of California, Department of Water Resources (DWR) for $8 million in Proposition 1E
(Prop 1E) grant funding from DWR’s Stormwater Flood Management Program to be
applied towards Project construction costs. Of the amount awarded, $7,875,000 is
available for reimbursement of Project costs.
NM. On January 13, 2016, DWR awarded $1,044,351 in Proposition 84 (Prop 84) funds to
the Project as part of the Association of Bay Area Governments (ABAG) sShoreline
Rresiliency/Ssea Llevel Rrise Pproposal to be administered by the State Coastal
Conservancy. Of the amount awarded, $953,351 will beis available for
paymentreimbursement of construction fundingProject costs.
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
March 4May 1224307, 2016 Page 3 of 22
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NON. The Flood District will contribute $800,0002,06100,000 toward Project construction
costs. The Flood District’s financial contribution will be in an amount equal to the
combined financial contributions made by East Palo Alto and Menlo Park.
ONO. The City of East Palo Alto will contribute $1,30260,000 towards Project construction
costs.
OPOP. The City of Menlo Park will contribute $800,000 towards Project construction costs.
QPQ. The City of Palo Alto isare not directlyfinancially contributing toward the Project costs at
this time, but is considered to be a contributor through the Safe, Clean Water tax
initiative.will contribute $400,000 towards Project construction costs.
RQR. , however, construction of tThe Project directly benefits the City of Menlo Park as its
completion is necessary to accommodate future flood protection measures located in
Menlo Park, upstream of the Project, which may be constructed in the future. In
addition, Palo Alto is impacted by the Project because realignment of a portion of its
municipal golf course may beis necessary to accommodate various flood protection
construction elements of this Project.
PQRS. For the purpose of this Agreement, funding from Menlo Park, East Palo Alto, Palo Alto,
the Flood District, the Authority, and any future funds from grants or other sources,
contributed toward Project construction costs, shall be referred to as “Non Water District
Funds.”
QRST. On December 232, 2015, tThe Water District and the Authority intend to enterentered
into a Construction Management Agreement designating the Water District as the entity
responsible for managing construction of the Project.
RSTU. The Parties desire to enter into this Agreement to provide for reimbursement of Water
District expenditures towards construction of the Project from funding that may become
available through Non Water District Funds.
NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and
conditions in the sections paragraphs contained herein below, the Parties agree as follows:
P R O V I S I O N S
1. Project Purposes
The Project’s purposes are to improve flood protection, restore the ecosystem, and
provide recreational opportunities within the Project’s reach, with the following specific
objectives: 1) protect properties and infrastructure between Highway 101 and the San
Francisco Bay from San Francisquito Creek flows resulting from 100 year flood events
in conjunction with a 100-year tide, including projected Sea Level Rise; 2) accommodate
future flood protection measures upstream of the Project that may be constructed; 3)
enhance habitat along the Project reach, particularly habitat for threatened and
endangered species; 4) enhance recreational uses; and 5) minimize operational and
maintenance requirements.
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
March 4May 1224307, 2016 Page 4 of 22
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2. Identified ConstructionProject Costs and Funding Amounts
Construction of the Project, including finalization of the design, is currently estimated to
cost approximately $37.4541.4432 million (Table 1), not including internal
projectconstructionPproject management costs incurred by the Water District or
contingency costs for utility relocation expenses above the stated contract estimates with
the utility providerss.
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Table 1
Identified Construction Project Costs
Costs Current
Palo Alto Golf Course mitigation $3,000,000
Other mitigation activities $300,000
Pacific Gas & Electric Company
(without contingency)
Electric Relocation $1,267,000
Gas Relocation $3,141,000
East Palo Alto Sanitary District
(without contingency Sewer Relocation $848,000
East Palo Alto real estate acquisition $85,000
Prop 1E Grant Administration by Authority $125,000
Prop 84 Grant Administration by ABAG $91,000
Construction Management (Hatch Mott MacDonald) $2,565,000
Construction Support Services (HDR) $853,000
Costs to complete design (HDR) $230,000
Construction contract with 10% contingency $29,026,800
Total Identified Construction Project Costs $41,440531,800
Table 1
Identified Project Costs
Costs Current
Palo Alto Golf Course mitigation $3,000,000
Other mitigation activities $300,000
Pacific Gas & Electric Company
(without contingency)
Electric Relocation $1,267,000
Gas Relocation $3,141,000
East Palo Alto Sanitary District
(without contingency Sewer Relocation $848,000
East Palo Alto real estate acquisition $85,000
Construction Management (Hatch Mott MacDonald)$2,565,000
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Construction Support Services (HDR) $853,000
Completed osts to complete design services (HDR) $230,000
Construction contract with 10% contingency $29,026,800
Total Identified Project Costs $41,315,800
Based on this estimatethe Total Identified Project Costs as stated in Table 1 above,, the
Parties agree to contribute the following amounts toward these costs (Table 2).
Table 2
Funding
Funding Sources Original
Funding
Agreement
Funds shifted
from upstream
project
Newly
identified
funding
Total
contribution
Water District Funds $28,000,000 $0 $0 $28,000,000
Non
Water
District
Funds
Authority
Prop 1E
Grant
$7,875,000 $0 $0 $7,875,000
Prop 84
Grant
$0 $0 $953,351 $953,351
Flood District $800,000 $700,000 $560,000 $2,060,000
East Palo Alto $800,000 $200,000 $260,000 $1,260,000
Menlo Park $0 $500,000 $300,000 $800,000
Palo Alto $0 $0 $400,000 $400,000
Total Funding $37,475,000 $1,400,000 $2,473,351 $41,348,351
Table 2
Funding
Funding Sources Original
Funding
Agreement
Funds shifted
from upstream
project
Newly
identified
funding
Total
contribution
Water District Funds $28,000,000 $0 $0 $28,0400,00
0
Non
Water
District
Funds
Authority
Prop 1E
Grant
$8,000,000 $0 $0 $8,000,000
Prop 84
Grant
$0$953,351 $0 $1,044,351
953,351$0
$1,044,3519
53,351
Flood District $800,000 $700,000 $66705600,0
00
$2,12100060
,000
East Palo Alto $800,000 $200,000 $300260,000 $1,300260,0
00
Menlo Park $0 $53500,000 $34300,000 $87800,000
Palo Alto $0 $0 $400,000 $400,000
Total Funding $38,553,351
7,600,000
$1,42400,000 $1,600,0002,
57553473,35
1564,351
$41,553473,
351564,351
3. Payment of ConstructionProject Costs
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A. Through a cost-share agreement with the Water District and use of DWR
$1,000,000 contribution from Water District funds through a cost-share
agreement, along with Prop 1E and Prop 84 grant funds, along with agreements
that provide additional funding to the Authority, including a cost- shareing
agreement with thewhereby the Water District will fund the discrepancy between
the available grant funding and anticipated expenses for approximately
$900,000, the Authority agrees to pay the will provide Project funding in the
currently estimated constructionProject costs amounts as stated below. If the
Authority receives additional grant or other funding for this project, such funds
shall be applied first towards costs that are the responsibility of the Authority,
itemized in paragraph #3. A. a) through g), with any remaining funds remitted to
the Water District and applied toward Project Costs. The Authority will provide to
the Water District documentation of all listed expenses incurred and paid for by
the Authority.
a) $3,000,000 to the City of Palo Alto to mitigate for impacts to the City of
Palo Alto Municipal Golf Course;
b) $50245300,000 for other mitigation activities;
c) $2,700,0004,408,000 to Pacific Gas and Electric Company to relocate
gas and electric transmission lines;
d) $400,000848,000 to the East Palo Alto Sanitary District to relocate a
sewer line;
e) $10085,000 for property acquisition within East Palo Alto;
$150125,000 DWR Prop 1E grant administration costs incurred by the
Authority;
$91,000 Prop 84 grant administration costs incurred by ABAG;
$ 91,000 Prop 84 grant administration costs incurred by the Authority;
f) $230,000 to HDR to completefor completed Plans & Specificationsdesign
services; and
$853,000 to HDR for construction support services.
g)
B. Flood District agrees to payfund $2,061100,000 of Project costs, payable to the
Water District over the course ofduring three consecutive years for theirits
contribution to the identified construction costsProject costs. The payments will
be dividedmade as follows: $800,000 (Year 1); $630,000 (Year 2); and $630,000
(Year 3). The firstYear 1 payment will be remitted to the Water District within 180
days after a construction contract is awarded by the Water District. The twoYear
2 and Year 3 following payments will be remittedThe payment will be remitted to
the Water District to the Water District within 180 days of the beginning of each
respective each respective fiscal year. fiscal year. in the amount of $800,000 in
the first year and $xx650,000 a year over the next two years after a construction
contract is awarded by the Water District.
The payment will be remitted to the Water District in the amount of $xx700,000 a
year over the course of xxthree years after a construction contract is awarded by
the Water District.: $800,000 (matching East Palo Alto’s contribution of $800,000
currently identified from Non Water District Funds).
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March 4May 1224307, 2016 Page 7 of 22
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C. East Palo Alto agrees to payfund $1,32600,000 of Project costs, payable to the
Water District over the course ofduring three consecutive years for its for their
contribution to the identified construction costsProject costsyears. The payments
will be dividedmade as follows: $420,000 (Year 1); $420,000 (Year 2); and
$420,000 (Year 3). The Year 1 payment will be remitted to the Water District
within 180 days after a construction contract is awarded by the Water District.
The Year 2 and Year 3 payments will be remitted within 180 days of the
beginning of each respective fiscal year.
The payment will be remitted to the Water District in the amount of $1,00420,000
in the first year and $xx100,000 a year over the course of xxthe next three years
after a construction contract is awarded by the Water District.
B. .
D. Menlo Park agrees to payfund $800,000 toof Project costs, payable to the Water
District over the course ofduring three consecutive years for its for their
contribution to the identified constructionProject costs years. The payments will
be dividedmade as follows: $300,000 (Year 1); $250,000 (Year 2); and $250,000
(Year 3). The Year 1 payment will be remitted to the Water District within 180
days after a construction contract is awarded by the Water District. The Year 2
and Year 3 payments will be remitted within 180 days of the beginning of each
respective fiscal year. The payment will be remitted to the Water District in the
amount of $3200,000 in the first year and $25300,000xx a year over tthe course
of threenext two years after a construction contract is awarded by the Water
District.
xx years.
C. : $800,000 (matching East Palo Alto’s contribution of $800,000 currently
identified from Non Water District Funds).
E. Palo Alto agrees to payfund $400,000 of Project costs, payable to the Water
District to the Water District over the course ofduring three consecutive years for
its contribution to Project costs.for their contribution to the identified construction
costs. The payments will be dividedmade as follows: $200,000133,334 (Year 1);
$100,000133,333 (Year 2); and $133,333 100,000 (Year 3). The Year 1 payment
will be remitted to the Water District within 180 days after a construction contract
is awarded by the Water District. The Year 2 and Year 3 payments will be
remitted within 180 days of the beginning of each respective fiscal year.The
payment will be remitted to the Water District in the amount of $100,000 in the
first year and $150,000 a year over the next two years after $xx a year over the
course of three years after a construction contract is awarded by the Water
District.
xx years.
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Through Water District funds and funds remitted to the Water District by Palo
Alto, Flood District, East Palo Alto and Menlo Park, the Water District agrees to
pay the currently estimated constructionProject costs as stated below. o
F.
A. BThrough Water District funds and funds remitted to thehe Water District by
Palo Alto, Flood District, East Palo Alto and Menlo Park, the Water District will
agrees to pay the currently estimated construction costs as stated below. expend
an amount not to exceed $28,000,000 for expenditures incurred in constructing
the Project.
$1,000,000 cost-share agreement with Authority for HDR construction
support services;
a) $2,565,000 for Construction Management Consultant; and
3. $29,026,80026,388,000 for construction contract and a separate
encumbrance of 10% of the construction contract amount ($2,638,800)
for contingent expenses. with 10% contingency.
b)
4. Unidentified Construction Project Costs and/or Surplus Funds and Funding Amounts
A. The Parties agree to apply any surplus funds toward unidentified Project costs
which exceed the current estimated Identified Project Costs (Table 1). If there are
no surplus funds, tThe Parties agree to determine an appropriate cost sharing
allocation to pay for any unidentified Project costs or costs which exceed the
current estimated Identified Project Costs, such as utility relocation and
construction costs that exceed the stated contract amounts plus a 10%
contingency already allocated. .
B. If there are any surplus funds after paying all identified or unidentified Project
costs, the Parties agree to applyreimburse those funds to the Water District so
thatWater District shall retain those funds maywhich shall be reallocated through
the Safe, Clean Water Program toward construction of the San Francisquito
Creek local-state-funding- only project, upstream of Highway 101.
For utility relocation contingency costs and any additional construction
contingency costs not currently identified, or increases to identified Project cost
estimates, the Parties agree to to split the costs equally, not to exceed a total cost
increase of $2,5000,000. Flood District, East Palo Alto, Menlo Park, and Palo Alto will
each remit its portion of theThese unidentified cost reimbursements will be remitted to
the Water District within three years of incurrence of these costsmeet and confer to
determine a cost-share to cover the shortfall.
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4. .
5. Method and Timing of Transactions
A. Water District shall prepare and submit quarterly invoice packages to the Authority.
Water District’s Quarterly invoice packages will include Project progress reports and
all other documentation required by DWR and the State Coastal Conservancy
sufficient to enable the Authority to submit subsequent funding requests to DWR for
grant funding reimbursement.
B. Authority shall submit a request for grant fund reimbursement to DWR and the
ABAG State Coastal Conservancy within 15 days of receipt of invoice packages
from Water District, provided all DWR and ABAGthe State Coastal Conservancy-
related invoicing requirements are met. To the extent funds are available, after the
Authority will pays for all costs itemized in paragraph #23. A. a) through fhig) above,
the Authority will issue payment to the Water District for Project costs of
construction managed by the Water District within thirty days of receipt of grant
funds) from DWR and Prop. 84 Bay Area IRMP.
C. Non Water District Funds contributed by Flood District, East Palo Alto, Menlo Park,
and Palo Alto and the Flood District will be remitted to the Water District as within
one hundred and eighty days (180) after a construction contract is awarded by the
Water District’s Board of Directorsas set forth in paragraph #3, Payment of Project
Costs, s . Sub-paragraphsSections B.-E.
46. Mutual Hold HarmlessIndemnification
Mutual Hold Harmless and Indemnification Obligations
A. In lieu of and notwithstanding the pro rata risk allocation, which might otherwise
be imposed between the Parties pursuant to Government Code Section 895.6,
the Parties agree that all losses or liabilities incurred by a Party shall not be
shared pro rata but, instead, the Member Agencies agree that, pursuant to
Government Code Section 895.4, each of the Parties hereto shall fully indemnify
and hold each of the other Parties, their officers, board members, employees,
and agents, harmless from any claim, expense or cost, damage or liability
imposed for injury (as defined in Government Code Section 810.8) occurring by
reason of the negligent acts or omissions or willful misconduct of the
indemnifying Party, its officers, employees, or agents, under or in connection with
or arising out of any work, authority, or jurisdiction delegated to such party under
this Agreement. No Party, nor any officer, board member, or agent thereof shall
be responsible for any damage or liability occurring by reason of the negligent
acts or omissions or willful misconduct of the another party hereto, its officers,
board members, employees, or agents, under or in connection with or arising out
of any work, authority or jurisdiction delegated to such other Party under this
Agreement. The obligations set forth in this paragraph will survive termination
and expiration of this Agreement.
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B. In the event of concurrent intentional or unintentional misconduct, negligent acts
or omissions by any one of the Parties (or each of their respective officers,
directors and/or employees), then the liability for any and all claims for injuries or
damages to persons and/or property which arise out of each and any of their
performance of the terms and conditions of this Agreement shall be apportioned
according to the California law of comparative negligence. The Parties hereto are
not jointly and severally liable on any liability, claim, or lawsuit.
C. The Water District’s construction contract and bid documents will require the
construction contractor to agree to appropriate indemnity provisions allowable by
law to protect the Parties, and to secure and maintain in full force and effect all
times during construction of the Project and until the Project is accepted by the
Parties, general liability and property damage insurance, business automobile
insurance and such other insurance as the Parties deem appropriate, in forms
and limits of liability acceptable to the Parties, naming Water District, Authority
and each of its Member Agencies and their respective directors, council
members, officers, employees and agents as additional insureds from and
against all damages and claims, losses, liabilities, costs or expenses arising out
of or in any way connected to the construction of the Project.
D. The duties and obligations of paragraph #6. Indemnification, this Section will
survive and continue in full force and effect after the termination, completion,
suspension, or and expiration of this Agreement.
57. Retention of Records, Right to Monitor and Audit
Unless a longer period of time is required by law or federal or state grant funding
agreements, the Parties shall maintain all financial records related to this Agreement
and/or the Project for five (5) years after the Agreement expires or is terminated earlier
pursuant to Section paragraph #7 9. Termination, of this Agreement. The records shall
be subject to the examination and/or audit of either Party.
68. Agreement Term
This Agreement shall commence on the Effective Date and remain in place until the
construction of the Project is completed and accepted by the Parties, or this Agreement
is terminated earlier by the Parties in the manner authorized by Section paragraph #79.
Termination.
79. Termination
A. 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 but only after giving written notice of the failure of performance to
the Party committing the failure with a copy of such notice given to all other
Parties. Such notice shall explain the alleged failure of performance and provide
a reasonable opportunity for the failure to be cured which in no case will be less
than 30 days. If the failure of performance is not satisfactorily cured within the
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cure period, the Agreement may be terminated upon the delivery of a written
notice of termination to all of the Parties.
B. A final notice of termination may be given only after completion of the notice and
cure process described in Section paragraph #79.A. and only with the approval
of the governing body of the Party terminating the Agreement.
C. 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 the provisions of
this Construction Funding Agreement to be executed by the Parties prior to
Water District’s commencement of the bid process for award of a construction
contract for the Project.
D. Notwithstanding the foregoing, after the Water District awards a construction
contract for the Project, this Agreement may only be terminated by the mutual
written agreement of all of the Parties as approved by the governing body of each
Party or pursuant to a delegation of such authority.
E. The Chief Executive Officer of the Water District and the Executive Director of Authority
are empowered to terminate this Agreement on behalf of their respective agencies in
accordance with the provisions of this Agreement.
810. Notices
Any notice or other communication required or permitted to be given hereunder shall not
be effective unless it is given in writing and shall be delivered (a) in person, (b) by
certified mail, postage prepaid, return receipt requested, or (c) by a commercial
overnight courier that guarantees next day delivery and provides a receipt, and
addressed to the parties at the addresses stated below, or at such other address as
either party may hereafter notify the other parties in writing:
Authority: San Francisquito Creek Joint Powers Authority
615-B Menlo Avenue
Menlo Park, California 94025
Attention: Len Materman, Executive Director
len@sfcjpa.org
Water District: Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, California 95118
Attention: Norma Camacho, ActingInterim Chief Executive Officer
ncamacho@valleywater.org
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Palo Alto City of Palo Alto
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Attention: James Keene, City Manager
james.keene@cityofpaloalto.org
East Palo Alto City of East Palo Alto
East Palo Alto 2415 University Avenue
East Palo Alto, CA 94303
Attn: Carlos Martinez, City Manager
cmartinez@cityofepa.org
Menlo Park City of Menlo Park
701 Laurel Street
Menlo Park, CA 94025
Attention: Alex McIntyre, City Manager
admcintyre@menlopark.org
Flood Control District Department of Public Works
555 County Center, 5th Floor
Redwood City, CA 94063
Attention: James Porter, Director
jporter@smcgov.org
Service of any such notice or other communications so made shall be deemed effective
on the day of actual delivery (whether accepted or refused) as evidenced by:
a) confirmed in-person delivery by the addressee or other representative of the Party
authorized to accept delivery on behalf of the addressee, b) as shown by the
addressee’s return receipt if by certified mail, or c) as confirmed by the courier service if
by courier; provided, however, that if such actual delivery occurs after 5:00 p.m. (local
time where received) or on a non- business day, then such notice or demand so made
shall be deemed effective on the first business day immediately following the day of
actual delivery. No communications via electronic mail shall be effective to give any
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notice, request, direction, demand, consent, waiver, approval or other communications
hereunder.
911. Severability
In the event any portion of this Agreement is declared by any court of competent
jurisdiction to be invalid, illegal or unenforceable, such portion shall be severed from this
Agreement and the remaining parts hereof shall remain in full force and effect as fully as
though such invalid, illegal or unenforceable portion had never been part of this
Agreement.
1012. Governing Law and Compliance with Laws
The parties agree that California law governs this Agreement. In the performance of this
Agreement each Party will comply with all applicable laws, ordinances, codes and
regulations of the federal, state, and applicable local government.
1113. Venue
In the event that suit shall be brought 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 District Court, Northern District of California.
1214. Assignability and Subcontracting
Parties shall not assign this Agreement or any portion thereof to a third party or
subcontract with a third party to provide services required under this Agreement without
the prior written consent of the other parties. Any unauthorized attempt by any Party to
so assign or transfer shall be void and of no effect. Notwithstanding the foregoing,
a Party may hire a consultant to fulfill its obligations as described above in paragraph
#under Section 35. Method and Timing of Transactions of this Agreement.
1315. 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 Authority and Water District
without restriction or limitation upon their use.
1416. Entire Agreement
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This First Amended Agreement constitutes the entire Agreement between the Authority
and the Water District Parties with respect to the subject matter hereof and supersedes
all prior offers and negotiations, oral and written, including but not limited to the original
Agreement dated August 11, 2014. This First Amended Agreement may not be
amended or modified in any respect whatsoever except by an instrument in writing
signed by authorized representatives of the Authority and Water District.eachall Partiesy.
1517. Further Actions
The Authority and Water District agree to execute all instruments and documents, and to
take all actions, as may be reasonably required to consummate the transactions
contemplated by this Agreement.
1618. Counterparts
This Agreement may be executed in any number of counterparts, each of which, when
executed and delivered, shall be deemed to be an original, and all of which, taken
together, shall be deemed to be one and the same instrument.
1719. Non Waiver
A Party’s waiver of any term, condition, or covenant, or breach of any term, condition or
covenant will not be construed as a waiver of any other term, condition or covenant.
1820. Third Parties
This Agreement is entered into only for the benefit of the Parties executing this
Agreement and not for the benefit of any other individual, entity, or person.
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Signatures follow on next pages
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FIRST AMENDED
AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
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THE CITY OF EAST PALO ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the San Francisquito Creek Joint Powers Authority has executed this
Funding Agreement as of the date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: San Francisquito Creek Joint Powers Authority
By: ______________________________ By: ______________________________
Greg Stepanicich Len Materman
Title: SFCJPA General Counsel Title: Executive Director
Date: ____________________________ Date: ____________________________
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March 4May 1224307, 2016 Page 17 of 22
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FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
AGREEMENT AMONG THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND THE CITY OF EAST PALO
ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the Santa Clara Valley Water District has executed this Funding
Agreement as of the date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: Santa Clara Valley Water District
By: ___________________________ By: ____________________________
Leslie Orta Tony EstremeraBarbara Keegan
Title: Senior Assistant District Counsel Title: Chair/Board of Directors
Office of the District Counsel
Date: __________________________ Date: ___________________________
ATTEST: MICHELE L. KING, CMC
__________________________________
Clerk/Board of Directors
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/;II----~
" ,~( t L. ____________ -.J
_____________________________________________________ J u,'
'" " ____________ L ________ L ___________________________ J
I <--------------------------------------------------------------------~L_ ____________________ ~
/,;I~====:::j , " L ____________ _
f ,(,' _________________________ ..1 Ilf
" U ____________ L ________ L ___________________________ J
First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
March 4May 1224307, 2016 Page 19 of 22
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FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
AGREEMENT AMONG THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND THE CITY OF EAST PALO
ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the City of Palo Alto has executed this Funding Agreement as of the
date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: City of Palo Alto
By: ___________________________ By: ____________________________
Molly Stump James Keene
City Attorney City Manager
Print Name:_____________________ Print Name:______________________
Title: __________________________ Title: ___________________________
Date: __________________________ Date: ___________________________
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First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
March 4May 1224307, 2016 Page 20 of 22
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FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
AGREEMENT AMONG THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND THE CITY OF EAST PALO
ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the City of East Palo Alto has executed this Funding Agreement as of
the date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: City of East Palo Alto
By: ___________________________ By: ____________________________
John Nagel
Print Name:______________________ Print Name:______________________
Title: ___________________________Title: City Attorney Title:
___________________________
Date: __________________________ Date: ___________________________
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First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
March 4May 1224307, 2016 Page 21 of 22
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FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
AGREEMENT AMONG THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND THE CITY OF EAST PALO
ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the City of Menlo Park has executed this Funding Agreement as of
the date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: City of Menlo Park
By: _____________________________ By: ______________________________
Print Name: ____________________William L. McClure Print
Name:________________________
Title: ___________________________ Title: City Attorney Title:
______________________________William L. McClure Alex D. McIntyre
City Attorney City Manager
Date: _________________________ Date:______________________________
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First Amended SFC San Francisco Bay to Highway 101
Construction Funding Agreement
March 4May 1224307, 2016 Page 22 of 22
Formatted: Font: 10.5 pt
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FIRST AMENDED AGREEMENT AMONG
THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND
THE CITY OF EAST PALO ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
AGREEMENT AMONG THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY,
THE SANTA CLARA VALLEY WATER DISTRICT,
THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, AND THE CITY OF EAST PALO
ALTO
FOR THE FUNDING OF CONSTRUCTION OF
THE SAN FRANCISQUITO CREEK FLOOD REDUCTION,
ECOSYSTEM RESTORATION, AND RECREATION PROJECT
SAN FRANCISCO BAY TO HIGHWAY 101
IN WITNESS WHEREOF, the San Mateo Flood Control District has executed this Funding
Agreement as of the date and year stated below.
Each Party has executed a separate signature page.
APPROVED AS TO FORM: San Mateo County Flood Control District
By: ___________________________ By: ______________________________
John Beiers Warren Slocum
County Counsel President, Board of Supervisors, San Mateo
Print Name: ____________________ Print Name: ________________________
Title: __________________________ Title: _____________________________
Date: __________________________ Date: _____________________________
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