HomeMy WebLinkAbout1998-02-17 City CouncilCity of Palo Alto
City Manager’s Report
8
TO:
FROM:
HONO~LE CITY COUNCIL
CITY MANAGER DEPARTMENT: FIRE
PUBLIC WORKS
CMR: 100:98
DATE:FEBRUARY 17, 1998
SUBJECT:REQUEST FOR APPROVAL OF AGREEMENT
FOR JOINT PURCHASE RESERVE AERIAL LADDER
TRUCK APPARATUS WITH THE CITY OF MOUNTAIN
VIEW AND BUDGET AMENDENT ORDINANCE
REPORT IN BRIEF
This report requests Council approval to purchase a reserve aerial ladder truck as a joint
purchase with the City of Mountain View. The cost of the apparatus will be $520,000, of
which $260,000 will be reimbursed by the City of Mountain View, and 25 percent of Palo
Alto’s share, or $65,000, will be reimbursed by Stanford University. A Budget Amendment
Ordinance (BAO) is requested for the full amount, with the City’s net share of $195,000 to
be funded from retained earnings in the Vehicle Replacement Fund.
Approval of an agreement between P alo Alto and Mountain View for joint purchase of the
truck is also requested. This agreement provides for sharing of maintenance costs,
possession of the truck and procedures for termination of the agreement.
CMR 100:98 Page 1 of 6
RECOMMENDATION
Staff recommends that Council approve the purchase of a second aerial ladder truck, which
will be a joint purchase with the City of Mountain View, for use as a reserve aerial ladder
truck for both jurisdictions. The following actions are required:
- Approval of a BAO appropriating $520,000 for the purchase of a second aerial
ladder truck, with a net reduction of $195,000 in retained earnings from the Vehicle
Replacement Fund for the City’s share of the cost.
- Approval of an agreement for joint-purchase between the City of Palo Alto and the
City of Mountain View of an aerial ladder truck.
BACKGROUND
The Fire Department currently staffs one aerial ladder truckas a first-line apparatus. This
unit is a 1984 Grumman aerial ladder truck. In recent years, this unit has been out of service
on many occasions due to serious mechanical problems. The unit is not cost effective to
maintain and has been scheduled for replacement as part of the 1997/98 vehicle replacement
program at an estimated cost of $800,000.
The reserve aerial ladder truck is a 1975 Seagrave. By virtue of its age, parts are increasingly
difficult to find; it has also become costly to maintain. Replacement funding for the reserve
truck was deleted from the budget approximately five years ago as a budget reduction
measure. There are currently no funds set aside for the replacement of the reserve aerial
truck. Because the reserve truck is used infrequently~ staff identified an opportunity to
address an operational need and to save costs through a joint purchase of a reserve aerial
ladder truck with the City of Mountain View, which is also replacing a reserve ladder truck.
DISCUSSION
For the past six months, staff from the Fire Department, and Fleet Services in both Palo Alto
and Mountain View have been meeting together to develop a joint specification that would
meet the needs of both jurisdictions. In September, staff from both cities agreed upon a
specification developed by the City of San Jose for a 75-foot aerial truck with tank and
pump, known as a "quint." The City of San Jose, through competitive bidding in February
1996, awarded the specification to the Simon LTI Corporation of Ephrata, Pennsylvania.
The opportunity exists to utilize the San Jose specifications, with minor changes made to
address special needs in Palo Alto and Mountain View, and to secure the San Jose bid price.
The total cost to purchase an aerial ladder truck will be approximately $520,000. Palo
Alto’s share for the reserve unit will be 50 percent of these costs, or approximately $260,000.
for the vehicle and $10,000 for radios and equipment, resulting in a total cost to Palo Alto
CMR 100:98 Page 2 of 6
of approximately $270,000. The unit specified will not only Provide aerial ladder capability,
it also has a pump and hose, similar to an engine company, thus providing increased water
delivery capability on the fire ground. This unit will be able to perform as either an engine
or a truck, depending on the dictates of the incident. Staffmg will remain at three personnel,
just as it is with the current aerial ladder truck.
Staff from both cities have developed a use agreement that covers the purchase of the vehicle
and ongoing maintenance and operational issues (see Attachment 1). The objectives of this
agreement are to raise the efficiency of the parties’ respective to maintaining truck company
capabilities at emergency incidents by providing adequate equipment to perform such tasks
to reduce overall costs through joint purchase and use of equipment, and shared maintenance
costs. This document contemplates that the two Fire Chiefs or their designated alternates,
will establish protocols which will address various operational issues that may arise during
the term of the agreement. It also establishes a formula for Mountain View to pay 50 percent
of the maintenance costs for the vehicle, which will be maintained by the City of Palo Alto.
Costs incurred as a result of accidents will be the responsibility of the City whose personnel
were operating the vehicle at the time of the incident if that City was at fault in any way;
otherwise repair costs are shared equally between Palo Alto and Mountain View if damage
was not the fault of either party. The reserve aerial ladder truck will be housed at a fire
station in the City of Mountain View. This will allow Mountain View firefighters an
opportunity to train and become proficient using the truck. Since Palo Alto will have an
identical unit in first-line service, training and familiarization with the unit for Palo Alto
¯ firefighters will be by virtue of training and working on the unit on a daily basis. The
agreement provides for a buy-out clause, should either city wish to terminate the agreement
early for any reason.
ALTERNATIVES
Because of the age and maintenance concerns of the current Palo Alto reserve aerial ladder
truck, and the unreliability of the first-line aerial truck, it is not feasible to keep either in
service for much longer. Palo Alto could proceed with replacing both units without utilizing
the joint-purchase concept with Mountain View, but the cost would be much higher,
approximately $1,000,000. This amount would substantially exceed the amount established
in the Vehicle Replacement Fund for the replacement of Palo Alto fire apparatus.
If Palo Alto decides to replace only the first-line aerial ladder truck, and no consideration
is given to a reserve unit, it is most likely the City will be without a reserve unit and totally
dependent upon mutual aid should the first-line truck go out of service for maintenance:
Depending on the type of maintenance required, it is not uncommon to have a truck out of
service for an extended period of time (i.e., several days to several weeks due to the special
CMR 100:98 Page 3 of 6
nature of parts or availability of contract vendors to perform the repairs).
RESOURCE IMPACT
The original replacement cost for the aerial ladder was $800,000. This amount was based
upon the estimated replacement cost associated with a larger apparatus than is currently
being recommended, and projected manufacturing costs for apparatus built in FY 97-98.
However, through an evaluation of actual use of the existing aerial apparatus, staff
determined that a 75 foot aerial ladder, instead of a 100 foot aerial ladder, would be
sufficient. The cost savings for downsizing the apparatus made it possible to realize not only
the purchase of a first-line aerial apparatus, but to also explore the concept of a joint-
purchase reserve unit, while keeping within the original $800,000 replacement cost
estimated. This recommendation will reduce the net purchase cost to Palo Alto from
$800,000 (estimated cost to replace one unit) to the cost of replacing a first-line unit
($520,000), plus Palo Alto’s share of a joint-purchase reserve unit ($195,000). The City of
Mountain View has agreed to jointly purchase one of the aerial ladder units and will
contribute approximately $260,000 for that unit.
In addition, the City’s contract with Stanford University for fire and communications
services provides for Stanford to reimburse 25 percent of the City’s cost of purchasing fire
vehicles. Stanford would reimburse $195,000 for the two aerial ladder trucks; $130,000 for
the first unit and $65,000 for the second reserve (joint-purchase) unit.
Maintenance costs for the first-line unit will be borne by the City of Palo Alto, which is the
current practice for the first-line truck. Maintenance and repairs for the joint purchase unit
will be provided by the City of Palo Alto. The City of Mountain View will pay 50 percent
of the maintenance charges, which will be billed on a monthly basis. Palo Alto currently
pays 100 percent of the repair and maintenance costs for the reserve truck. The agreement
will not only result in a cost saving of 50 percent, it should also result in lower overall
maintenance costs due to the newness of the unit.
Future budget implications will include Palo Alto’s share (50 percent) of maintenance costs
and small tools and equipment purchases required to outfit the reserve unit. Should major
repairs be necessary for which the City of Palo Alto is responsible (damage occurring for
which Palo Alto is at fault), Palo Alto will be contractually committed to the financial
obligation for those repairs (unless the repair cost exceeds salvage value). If the repair costs
exceed the amount of money in the Fire Department vehicle allocation fund, it may be
necessary to seek approval for additional funding from the City Council. At the completion
of the term of this Agreement, or in the event of a buy-out by the City of Mountain View,
there is no insurance source or funding established, through the existing Vehicle
CMR 100:98 Page 4 of 6
Replacement Fund, or otherwise, for the purchase of a replacement reserve unit. This is
consistent with the current status of the Vehicle Replacement Fund for replacing the reserve
aerial truck. At the appropriate vehicle replacement time, the existing first-line unit will be
rotated to reserve status in conjunction with the purchase of a new first-line unit. The reserve
aerial ladder truck is maintained only as long as it is financial responsible to do so. When
maintenance costs become prohibitive, the unit is disposed of.through established policies
for disposition of City vehicles.
If the Agreement Continues through to maturity (15 years), both parties will meet to discuss
the options available at that time (buy out by one party, extension of the existing Agreement;
or liquidation of the unit and dividing of funds obtains from the sale of the unit).
The funds for the purchase of the first (Palo Alto) unit have already been encumbered in the
amount of $495,720 from the available FY 97/98 budget appropriations, and outfitting costs
will be required when theunit is delivered. The FY 97/98 approved vehicle replacement
schedule included this first unit at an estimated cost of $800,000. For various reasons (see
related CMR 136:98 on the Status of the Vehicle Replacement Fund), there are not sufficient
funds remaining in the adopted FY 97-98Vehicle Replacement budget to purchase the second
aerial ladder unit. In order to complete the joint purchase of the second (reserve) unit,
adoption of a BAO will be required. The proposed ordinance appropriates funds for the full
cost of the second unit in the amount of $520,000, with a 50 percent reimbursement from
Mountain View ($260,000), and Stanford’s reimbursement of 25 percent of Palo Alto’s
share ($65,000). The net impact on the retained earnings in the Vehicle Replacement Fund
will be $195,000.
In order to enable the completion of this agreement for joint purchase of the reserve unit, an
appropriation will be required to provide for the Mountain View share ($260,000) and the
Palo Alto share ($260,000) for a total of $520,000.
POLICY IMPLICATIONS
Traditionally, a city has exclusive ownership of the vehicles operated by the city and is able
to establish policies for purchase, use, maintenance, and disposition of those vehicles without
legal commitment to or consulting with another entity. This Agreement provides for joint
ownership and use of the vehicle, and establishes procedures for equipping, maintaining,
insuring, and disposing of the unit upon termination of the Agreement. Decisions made
regarding the joint reserve aerial ladder truck will required input and consent from both
jurisdictions.
CMR 100:98 Page 5 of 6
ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA), under Section 15061 (b)(3) of the CEQA guidelines.
ATTACHMENT
Attachment 1:
Attachment 2:
PREPARED BY:
REVIEWED BY:
Budget Amendment Ordinance
Agreement For Joint Purchase Track Between the City of Palo Alto and
the City of Mountain View.
Judith A. Jewell, Deputy Fire Chief
Glenn Roberts, Director of Public Works
DEPARTMENT HEAD REVIEW:
RUBEN
Fire
CITY MANAGER APPROVAL:
CMR 100:98 Page 6 of 6
ATTACHMENT 1
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1997-98 TO
PROVIDE AN ADDITIONAL APPROPRIATION TO FUND THE
PURCHASE OF A RESERVE AERIAL LADDER TRUCK APPARATUS
WITHIN THE VEHICLE REPLACEMENT AND MAINTENANCE INTERNAL
SERVICE FUND AND TO REDUCE THE FUND RESERVES BY
$195,000
WHEREAS, pursuant to the provisions of Section 12 of
Article III of the Charter of the City of Palo Alto, the
Council on June 23, 1997 did adopt a budget for fiscal year
1997-98; and
WHEREAS, the City provides fire services to its
businesses and residents; and
WHEREAS, the City has an agreement for Fire Services
within Stanford University whereby Stanford agrees to
reimburse the City twenty-five percent of the cost. of fire
vehicles purchased and placed in service; and
WHEREAS, through a joint purchase with the City of
Mountain View, the City can have available a reserve aerial
ladder truck; and
WHEREAS, the City can fund the reserve unit with
available retained earnings in the Vehicle and Maintenance
Internal Service Fund; and
WHEREAS, there is insufficient funding in the adopted
1997-98 budget to purchase the reserve aerial ladder truck;
and
WHEREAS, the City Council authorization is needed to
amend the 1997-98 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto
does ORDAIN as follows:
SECTION i. The sum of five hundred twenty thousand
dollars ($520,000) is hereby appropriated to non-salary
expenses in the Functional Area Vehicle Replacement and
Additions in the Vehicle Replacement and Maintenance
Internal Service Fund.
SECTION 2. Revenue from other Agencies in the
Functional Area Vehicle Replacement and Additions is
increased by the sum of two hundred sixty thousand dollars
($260,000) .
SECTION 3. Revenue from Stanford Fire Vehicle
Reimbursement in the. Functional Area Vehicle Replacement and
Additions is increased by the sum of sixty five thousand
dollars ($65,000).
SECTION 4. This transaction will reduce the retained
earnings within the Fund from $5,389,958 to $5,194,958.
SECTION 5. As specified in Section 2.28.080(a) of
the Palo Alto Municipal Code, a two-thirds vote of the City
Council is required to adopt this ordinance.
SECTION 6. This project has been determined to be
categorically exempt under Section 15302 of the California
Environmental Quality Act.
SECTION 7. As provided in Secbion 2.04.350 of the
Palo Alto Municipal Code, this ordinance shall become
effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Senior Asst. City Attorney Acting Director, Administrative
Services Department
Fire Chief
Director of Public Works
ATTACHMENT 2
AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE CITY OF MOUNTAIN VIEW FOR JOINT PURCHASE
AND USE OF AERIAL LADDER FIRE TRUCK
This agreement is made and entered into on February __,
1998, by ~nd between the CITY OF PALO ALTO (Palo Alto) and the CITY
OF MOUNTAIN VIEW (Mountain View).
RECITALS:
WHEREAS, Palo Alto and Mountain View each require an
aerial ladder fire truck for use as a reserve apparatus; and,
WHEREAS, the opportunity exists to conduct a sole source
purchase of an aerial ladder fire truck for $520,000 that meets the
requirements of both cities; and,
WHEREAS, Palo Alto and Mountain View have determined
that the joint purchase and use of the fire truck will result in a
financial savings and will improve fire protection services to each
city; and,
WHEREAS, Palo Alto and Mountain View are each empowered
and authorized to purchase the truck and to do all of the other
things authorized and agreed to under this agreement;
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
Purpose and Objectives
i. Purpose. The parties shall participate jointly in the
manner and to the extent hereinafter specified, in the purchase,
maintenance, operation and use of an aerial ladder fire truck. The
specific purpose for the truck is to provide an emergency response
apparatus, jointly owned, operated, and maintained. The truck will
serve in the capacity of a reserve ~vehicle (not first-line) for
each agency. It will be placed into first-line service only when
the agency’s first-line truck is out of service due to such events
as routine maintenance, mechanical failures, extended repairs, etc.
2. Objectives. The objectives of this agreement are to
raise the efficiency of each pa.rty with respect to maintaining fire
truck company capabilities at emergency incidents by providing
adequate equipment to perform such tasks; to reduce overall costs
through joint purchase and use of equipment and shared maintenance
costs.
980210 syn 0043295
ARTICLE II
Commencement and Termination of Agreement
I. Effective Date and Termination Date. This agreement
shall become effective on the date first hereinabove written, which
date shall be the date on which the last party (either Palo Alto or
Mountain View) signed the agreement. This agreement shall
terminate fifteen (15) years following the effective date of this
agreement, unless sooner terminated by withdrawal of either Palo
Alto or Mountain View, as provided in Section 2 and 3 of this
article.
2. Withdrawal from the Aqreement. Either party may
withdraw from this agreement by resolution of its governing body
and upon not less than one year’s written notice to the other party
that the option to withdraw from this agreement is being exercised.
3. Failure to Appropriate Maintenance Funds. In the
event the governing body of either party declines to appropriate
the funds required by this agreement to be paid for the continued
maintenance, supplemental equipment, and operation of the truck,
such action shall constitute an election by that party to withdraw
from this agreement and shall require that party to give the other
party the one year’s written notice of the election to withdraw from
this agreement.
4. Force Majeure. No party hereto shall be liable for
any failure to perform as required by this agreement, or any
amendment hereto to the extent such failure to perform is caused by
any reason beyond the control of such party, or by reason of any of
the following occurrences: strikes, labor disturbances or labor
disputes of any character, failure of any governmental approval
required for full performance, riots, civil disorders or
commotions, war acts of aggression, floods, earthquakes, acts of
God, or similar occurrences; provided that such party shall
exercise its best efforts to provide the best possible alternative
performance and to prevent the foregoing occurrences from
obstructing full performance. Such occurrences shall not cause the
termination of this agreement and shall not affect this agreement
except as provided in this paragraph.
5. Reimbursement Upon Early~ Termination. If either
party to this agreement withdraws from the agreement, that party
shall not be entitled to reimbursement of any funds previously paid
pursuant to this agreement. Further, in the event of early
withdrawal, any’ moneys owing and unpaid shall be paid by such
party.
6. Disposition of Assets. Upon termination of or
withdrawal from this agreement, the fire truck, all equipment
therefor, and all personal property acquired with, or traceable to,
money provided by the parties hereto shall be liquidated and the
proceeds distributed equally between the parties. At any time
during the duration of this agreement, either party.may choose to
980210 syn 0043295
2
purchase the other party’s share of the truck and any equipment
utilized and functionally necessary to the truck; the purchase
price shall be established by professional appraisal. ,
ARTICLE III
Administration of Aqreement
I. Decision Making Authority. This agreement
memorializes the joint effort of the parties to carry out the
purposes and objectives set forth herein; and no Separate entity
shall be created hereby, nor shall there be created a board of
directors. Decisions concerning the equipping, use and maintenance
of the apparatus shall be made by consensus of the City Managers of
Palo Alto and Mountain View upon the advice of their respective
Fire Chiefs and pertinent staff.
2. General Administration and Operation. Palo Alto
shall be the general administrator for the purchase, use and
maintenance of the fire truck and supplemental equipment. In
connection therewith, Palo Alto shall:
a. Maintain records of all revenues and expenditures
incurred in connection with the purchase, maintenance, and
operation of the fire truck and supplemental equipment in auditable
form and available to Mountain View upon request.
b. Act as depository of any and all monies received
from any source for the implementation of this agreement. In this
regard, the Director of Administrative Services of Palo Alto shall
be responsible upon an official bond for the safekeeping and
disbursement of all said monies, provided, that Palo Alto may self-
insure for this liability.
3. Accountinq. Each party shall be strictly accountable
for all funds received by it and shall maintain adequate records of
all receipts and disbursements pursuant to this agreement. In
addition thereto, each party shall maintain such additional records
relating to the establishment, ownership, maintenance, operation,
and use of the truck and equipment thereof, as is appropriate.
Each party shall have the right, at any reasonable time, to inspect
and examine the books and other records of each other party insofar
as they relate to the fire truck. The parties agree that accounts
maintained pursuant to the agreement shall not accrue interest.
5. Limitation of Financial Obliqation. No party shall
have the power or the authority to incur any obligation pursuant to
this agreement in excess of the amount apportioned therefore by the
budget or otherwise specifically authorized by the Parties.
9~0210 syn 0043295
3
ARTICLE IV
Purchase, Maintenance and Use of Reserve Aerial Fire Truck
i. Purchase. Palo Alto and Mountain view shall each
contribute one-half toward the cost of acquiring one reserve aerial
fire truck as described as follows:
One Simon-LTI quint aerial ladder truck with a 75 foot
rear-mounted aerial ladder, having the pumping capacity
of 1500 gallons per minute and equipped with on board
generator as well as a two-stage fire pump and 103 feet
of ground ladders.
The contribution of each party for the initial purchase of the
truck shall not exceed $260,000. Mountain View shall pay its share
of the purchase price to Palo Alto within thirty (30) days after
receiving and approving a billing statement from Palo Alto, which
shall issue upon execution of the purchase agreement for the truck.
2. Ownership. The .truck shall be jointly owned and
registered in the name of Palo Alto and Mountain View, and each
city shall take title in equal shares.
3. Maintenance of Equipment. Palo Alto shall perform
all maintenance for the fire truck. Mountain View shall pay 50
percent of the maintenance costs for the fire truck, in quarterly
payments within ~thirty (30) days of ~receiving and~ approving a
quarterly billing statement submitted by Palo Alto.
4. Repairs.
Palo Alto shall perform all repairs for the truck.~
Mountain View shall pay 50 percent of the costs of any repairs for
the fire truck within thirty (30) days of receiving and approving
a billing statement submitted by Palo Alto.
In the case of an accident resulting in damage to the
fire truck or its equipment, the party in possession of the truck
when the accident occurred shall be financially responsible for
repair to the truck or equipment caused bY the fault of the party
in possession at the time of the achident. That party in
possession shall be entitled to recover damages caused by the other
party to this agreement or by persons not party to this agreement
whose fault caused or contributed to the need for repairs. If the
truck or any of its equipment is destroyed or damaged for reasons
not attributable in whole or in part to the fault of either party
to this agreement, then the parties agree to share equally the
financial responsibility to repair the truck or equipment as well
as the costs (including attorney fees and other litigation
expenses) incurred by Palo Alto in recovering damages from any
person whose fault contributed to the damage. In the event that
the cost to repair the truck equals or exceeds the salvage value of
the truck, as established by professional appraisal, the parties
will salvage the truck rather than effectuate the repairs and will
divide the proceeds equally.
980210 syn 0043295
4
5. Property Damage.....and Liability Insurance. Either party
may maintain property damage and/or liability insurance on its
interest in the truck and~equipment.
ARTICLE V
I. Present Equipment. Palo Alto and Mountain View will
provide supplemental equipment for the truck that is presently in
their respective inventories, consisting of various tools and
rescue equipment, upon delivery of the truck from the manufacturer.
That supplemental equipment shall be inventoried and shall be
returned to the donating party upon termination of this agreement
to the extent that it still exists.
2. Acquisition of Additional Equipment. Simultaneously
with the delivery of the truck from the manufacturer, Palo Alto
will acquire supplemental equipment necessary for the operation of
the truck in an amount not to exceed $20,000.. Mountain View agrees
to reimburse Palo Alto for its equal share of this cost of
supplemental equipment within thirty days~ after being billed
therefor.
3. Procedure for Acquiring Equipment. Following the
initial purchase of supplemental equipment necessary to render the
truck operational, Palo Alto shall purchase additional or
replacement supplemental equipment identified and agreed by their
respective city managers as being desirable for the operation of
the truck. Mountain View agrees to reimburse Palo Alto for its
equal share of this cost of supplemental equipment within thirty
days after being billed therefor.
4. Use of Equipment. Each party shall be entitled to
equivalent use of the equipment for training purposes and emergency
operations under terms established by the Fire Chiefs in
operational protocols supplementary to this agreement.
ARTICLE
Training
i. Training standards. The parties toothis agreement
~shall, through operational protocols jointly established by their
Fire Chiefs, develop standardized training procedures, operations
and training materials for the use of the truck.
2. Traininq Exercises. Joint training exercises in the
use of the truck may be conducted under operational protocols
jointly established by the Fire Chiefs; provided, however, that in
the conduct of such joint training exercises, each participating
agency will be responsible for the personnel costs and obligations
associated with the staff which it assigns to the training
operation, including base salary, overtime salary, and fringe
benefits, workers compensation, retirement, etc. and the employees
980210 syn 0043295
5
of each participating agency shall not be deemed special employees
of the other participating agency for purposes of workers’
compensation.
ARTICLE VII
General Provisions
I. Notices. All notices required or given pursuant to
this agreement shall be deemed sufficiently given if in writing and
if either personally served upon, or mailed by registered or
certified mail to the Clerk of the governing body of the receiving
party.
2. Settlement of Disputes. Should any dispute arise in
connection with this agreement, the city managers of the cities
shall meet and confer in an attempt to resolve the dispute and, if
unsuccessful, shall employ professional mediation (sharing the
costs equally) in a further extent to resolve the dispute. If
those measures do not resolve the dispute, judicial review in the
Santa Clara County Superior Court may be requested by either party.
3. Modification of Agreement. No term, provision, or
condition of this agreement shall be altered, amended, or departed
from or be held or construed to have been waived except by the
unanimous agreement and consent of the city councils of Palo Alto
and Mountain View.
4. Indemnification. Except. as otherwise provided
herein, each party agrees to indemnify, defend and hold harmless
the other parties, their officers, agents, and employees from any
and all demands, claims, or liabilities of any nature, including
death or injury to any person, property damage, or any other loss
caused by or arising out of the performance or failure to perform
the obligation assumed under this agreement.
5. Standing to Enforce Agreement. This agreement is
entered into solely for the mutual benefit of the signatory parties~
and not for the benefit of any resident or other person or entity.
No person or entity not a party hereto shall have any-right to
enforce this agreement or bring any action as a consequence of this
agreement arising out of a failure or omission on the part of any
of the parties to provide the services described herein.
6. Supplement to Other Agreements. This agreement is
intended to supplement rather than supplant any agreements or
arrangements between the parties for automatic aid or mutual aid in
emergencies requiring fire protection, fire suppression, or first
responder medical care into the areas covered by this. agreement.
7. Joint Powers Provisions. This agreement shall not be
construed to create any joint powers entity under the provisions of
Government Code §6500, et seq. Notwithstanding the provisions for
allocation of loss or liability provided therein, the provisions of
this agreement for loss allocation shall govern.
9802 [0 syn 0043295
6
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the date first hereinabove written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Senior Asst. City Attorney
APPROVED:
Assist~ity ~nager
Fire/ ~hlef~ ’ ’
Acting Director of
Administrative Services
Director of Public Works
Risk Manager
CITY OF MOUNTAIN VIEW APPROVED AS TO FORM:
City Manager
ATTEST:
City Attorney
City Clerk
980210 syn 0043295
Source: Kennedy/Jenks Consultants, 1997.
BAYLANDS NA’I1JR~ PRESERVe:
PROPOSED 42" RELIEF SEWER ALIGNMENT
PROPERTY LINES (APPROX.)
CONSTRUCTION AREA (JACKING AND RECEIVING PITS)
0 100 200 300
SCALE IN FEET
Figure 2
Project Schematic
C;H2MHILL--------
LEGEND
NEW 42" RELIEF SEWER
Not To Scale
Figure 3
Aerial Photograph
of Project Area
Source: City of Palo Alto, 1997.CI’12MHILL
-50 - 60 Feet
Truck Access for Muck Removal
From Slurry Separation Tanks
Slurry Separation
Tanks
Crane
Suppod
Facilities
Pipe and
Materials
Storage
Control Cabin and
Shop Facilities
Pipe
Advance
Truck Access for DeliveringPipe and Materials
NON-LINEAR
Nol To Scale
Pipe and
Materials
~I Storage
!
-100 - 150 Feet 1
SlurrySupportSeparation
Facilities Tanks
~, Crane I~Jacking Pit~~
Truck Access for Delivery of
Materials and Muck Removal
Pipe
Advance
LINEAR
Not To Scale
Figure 4
Typical Site Layouts for
Microtunneling Equipment
Source: Woodward Clyde, 1997.CH2MHILL--
8
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked
below would be potentially affected by this project, as indicated by the checklist on the following
pages.
Land Use and Planning
Population and
Housing
Geology, Soils, and
Seismicity
Water
x
x Air Quality
Transportation and
Circulation
x
X
X
Biological Resources
Energy and Mineral
Resources
Hazards
’Noise
Pub’lic Services
Utilities and Service
Systems
Aesthetics
Cultural Resources
Recreation ’ ’
"Mandatory Findings of
Significance
DETERMINATION: On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project" could h’ave a significant effect on the environment, there
will not be a significant effect ’in this case because the mitigation measures described on an
attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared.
I" find that the proposed proj’~ct’MA~’ have a significant effect(s) on the environmen~t, but at least
one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and (2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially
Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I fina that although the proP’~sed project could have"a significant effect"on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (1) have been
analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
~ect Planner _
Kenneth Schreiber
Director of Planning & Community Environment
October 31, 1997
Date
October 31, 1997
Date
X
J :\WORK\ 139139\1S FORM 1 .doc 9
Michael J. Ackerman
~Attachment "B"
Law Office o~ M~chaeI ~. Acke~rna~
Attorneys al Law
2666 East Bayshore Road
Palo Mto, CA 94303-32| 1
(415) 493-25G0
Fax (415) 856-3772 "
November 13, 1997
Mr. Edward Wu, Senior Engineer
Mr. An Le, Engineer
City of Palo Alto Utilities
250 Hamilton
Palo Alto, CA 94301
RE :Amarillo/Embarcadero Relief
Sewer Project
Our Address: 2666 East Bayshore Rd
APN#:008-03-076
Dear Sirs:
I am writing to you at this time regarding the Initial Study and
Negative Declaration for the Amarillo Avenue and Embarcadero Way
Relief Sewer Project which I have recently reviewed. In
reviewing these materials prepared by the Utility Department, it
is entirely unclear exactly what effect this project will have
upon our property commonly known as 2666 East Bayshore Road and
the extent to which the relief sewer system will encroaoh onto.
our property. The map and aerial~ photo provided indicate that
the public right of way easement known as Amarillo Avenue is
still in effect~on the Eastern side of U.S. i01 all the way up
to East Bayshore Road. This is not the case as that portion of
Amarillo Avenue to the East of U.S. i01 and the public right-of-
way :it embodied, was vacated under Resolution No. 4123, Filed for
Record on June 18, 1968 in Book 8160 Official Records at Page
608.
Given the physical location on our property of the existing
manhole which is part of the existing 36 inch sewer system, it
seems to be a given that the new 42 inch relief system is also
going to be physically located on our property. However, no
mention of this is made in your report and the maps provided are.
UT l L 1 T I ES ENG 1 NEERHO F~X ~I0, 4153292608 ?, 02
not indicating any such encroachment. In any event, given The
physic~l proximity of The existing sewer line, it would appear
that at the very least our normal and customary usage of the
building and premises will severely disrupted. Your report fails
to address these concerns.
It should also be noted that the entire area in proximity to the
existing sewer line as it crosses our property, is directly
adjacent to, and/or part of, the surface drainage and runoff
system for a relatively large part of East Bayshore Road. In
short, during heavy rains, there is a great deal of water running
off of East Bayshore Road down the middle of our ingress
driveway, and draining (when possible) into a runoff sloush
adjacent to the highway. Frankly, it appears that your Relief
Sewer Project is to be placed right smack in ~he middle of this
drainage/runoff system. Due to the volume of runoff during heavy
rains, and the close proximity of our building and this drainage
to the planned sewer system placement, I am extremely concerned
that this project, both during construction and following
completion, poses a serious threat to the structural integrity of
our building. Your report fails to address these concerns.
I would ask that you please correct your report, and address
these issues as set forth above, at your earliest convenience.
Please contact me at the above number if you have any questions.
Thank you for your assistance in this matter and I will look
forward to hearing from you.
I would also ask that you please provide me wlZh a complete, copy
Of the City of Palo Afro’s utility easement affecting cur
property as recorded on June 18, 1968, Book 8160, Official
Ee~ords, Page 608. Apparenzly, this easement was recorded as
part o£ the City having vacated the subject portion of Amarillo
Avenue as described above.
ca: John M. Ackerman
Anne D. Ackerman
IIOV- 17-,97 14:08 UTILITIES ENGINEER~iO FAX NO,4153292608 P,
--
I
I
,7.
AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTs. INCIDENTAL THERET[
AS SET FORTH IN A DOCUMENT
GRANTED TO:CITY OF PALO ALTO
PURPOSE:SANITARY SEWERS, STORH DRAINAGE AND PUBLIC UTiLi"
TIES
RECORDED:JUNE 18, i£68, BOOK 8160, OFFICIAL RECORDS.
PA6E 608
SERIES NO.:NONE SHOWN
AFFECTS:THE NORTHWESTERLY 20 FEET OF SAID LAND
December 4, 1997
Attachment "C~Palo A to
Utilities Dct~Trtmc~t
Mr. Michael J. Ackerm~
2666 East Bayshore Road
Palo Alto, CA 94303-3211
SUBJECT:AMARILLO/EMBARCADERO RELIEF SE~’~T~R PROJECT
Dear Mr. Ackerman:
DMsions
Administration
Directorg Office
415.329.22/"7
415.321.0651 Fax
AdnKnistratlve Services 1 )
415.329.2148
415,321,0651 Fax
Customer Service Center
415.329.216l
415.321.0651 Fax
Credit and Collection
415.329.9_333
415.321.0651 Fax
Engineering
415.329.2204
415.329.2608 Fax
Electric
415.329.2386
415.329.2608 Fax
Water- Gas-Wastewater
415.329.Z387
415.329.2608 Fax
Resource Ivlarmgement
Supply Resources
415.329.2689 2)
415.326.1507 Fax
Utility Mark¢ ring Sere’ices
415.329.2241
415.617.3140 Fax
Competitive Assessment
415.329.2595
415.6123140 Fax
Electric
415.4%.6983
415.496.6959 Fax
Water- Gas-Wastewater
415.496.6982
415.496.692-4 Fax
Thank you for your letter regarding the Initial Study/Negative Declaration
(IS/ND) for the City ofPalo Alto’s Amarillo Avenue and Embarcadero Way
Relief Sewer Project. The purpose of this letter is to respond to the concerns and
questions raised in your letter.
LOCATION OF NEW 42-INCH RELIEF SEWER AND STATUS OF
PUBLIC EASEMENT
You are correct in indicating that a portion of former Amarillo Avenue
fight-of-way east of Highway 101 has been vacated. However, there is
currently a City utility easement in this vacated right-of-way, and several
underground utilities are located in this easement including sanitary sewer,
water, telephone, and electrical utilities. A copy of the easement
description is enclosed for your informatiori. The centerline of the new
42-inch diameter relief sanitary sewer will be located approximately 3.6
feet north of the centerline of the existing 15-inch diameter sanitary sewer
that is located in the utility easement along the vacated portion of Amarillo
Avenue east of Highway 101. Therefore, the new relief sewer will be
located in the portion of the City’s utility easement located on APN#008-
03-058, and will not encroach onto your property at 2666 East Bayshore
Road (APN #008-03-076).
DISRUPTION TO NORMAL AND CUSTOMARY USAGE OF THE
BUILDING AT 2666 EAST BAYSHORE ROAD
As described inthe IS/ND, the new 42-inch relief sewer will be installed
underground using "trenchless" technology methods, to minimize surface
disruptions during construction. A large auger will drill a horizontal path
underground in which the pipeline will be installed. For the pipeline
segment that crosses under Highway 101 and near your property, two pits
will be excavated from which the underground tunneling will be
conducted. As shown in Figure 2 of the IS/ND, one pit will be located in
Amarillo Avenue to the west of Highway 101; this pit will be used to
advance the auger and push.the pipe segments into place under Highway
101. The second pit will be located in East Bayshore Road east of your
RO, Box 10Z7~0
Palo Alto, CA 94303
property’, and will be used to retrieve the auger head. Normal construction
activity, such as pit excavation and the use of trucks and other construction
equipment, can be expected at eadh pit location. It is not the intent of the
project to disrupt the normal and customary usage, including access, of the
buildin.g at 2666 East Bayshore Road.
3)SURFACE DRAINAGE CONCEP, NS AND STRUCTURAL
INTEGRITY OF BUILDING AT 2666 EAST BAYSHORE ROAD
Because the new relief sewer will be installed underground, there will be
no effect on the existing surface drainage patterns in the project vicinity.
The building at 2666 East Bayshore Road is located approximately 23.5
feet from the centerline of the new relief sewer at its closest corner. Since
trenchless technology will be used to install the pipe, the project is not
expected to negatively affect the structural integrity of the building.
However, the contractor will be required to monitor ground settlement
during construction, and construction techniques and equipment will be
adjusted to existing soil conditions to minimize ground settlement. A
geotechnical report has been prepared for the project, and it addresses
potential ground surface settlement issues associated with microtunneling
activity. Pages 4-1 to 4-3, which address microtunneling methods, are
attached for your information. If you would like to review the entire copy
of the geotechnical’ report, please feel free to contact me, as it is available
for public review in my department here at City Hall.
4)COPY OF UTILITY EASEMENT
A copy of the City of Palo Alto’s utility easement affecting APN #008-03-
076 is enclosed. If you have any questions about this easement, please
contact the City of Palo Alto Real Estate Division for more information.
We trust this letter responds to your concerns and questions about the relief sewer
project. If you have any additional questions, please do not hesitate to contact me
at (650) 329-2126.
Sincerely,
Edward O. Wu, P.E. ,
Senior Engineer, Water-(3as-Wastewater Engineering Division
Larry Starr, Assistant Director, Utilities Engineering & Operations
Grant Kolling, Senior Assistant City Attorney
Roger Cwiak, Engineering Manager, Utilities Engineering WGW
John Wyckoff, Project Manager, Kennedy Jenks Consultants
Valerie Young, Vice-President, CH2M Hill
¯ " I
~,OW~ &S TO FO~X:
Nicrotunnaling Nethotls
[Four of’the six main pipeline segments (as described in .Section 2.1.2) totaling about 2,800 feet of.
the proposed sewer pipeline will be constructed using microtunneling methods. These four pipeline
segments will be constructed in six microtunneling drives. The other two pipeline segments may be
constructed using rnicrotunneling methods, in either three or four drives depending on the type of’
microtunneling equipment utilized.
This section discusses the geotechnical considerations for microtunneling methods including
anticipated ground conditions, groundwater control, microtunneling equipment requirements,
surface settlement, jacking and receiving pits, jacking pipe and construction considerations.
ANTICIPATED GROUND CONDITIONS
Based on the available subsurface data, it is anticipated that the ground conditions to be
encountered during microtunneling ,,’All consist mainly of’soft: tovery stiff alluvial clays interbedded.
with loose to medium dense alluvial sands and gravels. The clays at the depth of the pipeline vary in
strenNh ranging from about 150 to 5,680 psfin unconfined compressive strength and exhibit low to
high plasticity characteristics (i.e. CL and CH). The clay fraction (minus 2 micron material) ranges
from about 20 to 40 percent. Based on the observation well readings (Table 3), groundwater is
expected to be about 8 to 12 feet above the proposed pipe invert. The sands and gravels at the
depth ofthe pipeline are loose to medium dense with a fines content ranging from 5 to 29 percent.
An assessment of likely ground behavior is important for evaluating the stability of’ the heading and
for determining appropriate microtunneling methods and equipment that will minimize loss of
ground, surface settlement, and potential damage tO existing utilities, streets, buildings, and other
improvements as a result of" microtunneling. Ground behavior in soft: ground tunnels can generally be
described by the six categories summarized in Table 5. In general, clays which are stiff to very stiff’ are
expected to exhibit firm behavior, while sot~ to medium clays are expected to exhibit squeezing behavior.
Sands and gravels below the groundwater table will exNbit iloMng behavior unless positive groundwater
control measures are implemented. The clay deposits at this project are expected to range from firm to
squeezing ground and the sand and gravel deposits are expected to be flowing ground. These ground
conditions indicate the need for positive groundwater control and special microtunneling equipment to
minimize loss of ground and surface settlement.
An underground classification will have to be obtained from CAL/OSHA during final design. All
microtunneling work should be Performed in accordance with this classification and applicable
OSHAand CAL/OSHA regulations.
4.2 GROUNDWATER CONTROL
Groundwater was encountered in all of’the borings and it is expected that the entire pipeline will be
constructed below current groundwater levels. Groundwater control is necessary to prevent flowing
ground and loss of"ground at the tunnel heading where sandy and gravely soils are present. Groundwater
control methods include dewaterlng methods using wells or well points, balancing the hydrostatic
pressure using pressurized face rnicroturmeling equipment, ground freezing methods, and cement or
chemical grouting. Dewatering methods may be feasible but close well (or well point) spacings would
probably be required to adequately dcwater the thin sand a.nd gravel layers that will be encountered in the
microtunnel segments. Surface constraints in most areas along the alignment (i.e. Bayshore Freeway;
Woodward-Clyde X:%d~umenL%lSg~’~6~22naL~::~2.a.doc 31-0~t.97 SNJ 4-1
along the hea,,ily traveled streets like East Bayshore Road; and the Baylands Nature Preserve) will
preclude installing wells at the close spacings that would be needed to adequately dewater the sand
layers. In addition, dewatering methods could lead to consolidation of the soft clay layers (Bay Mud)
leading to subsidence and surface settlement. Pressurized face microtunneling e@pment has the
capability to provide a pressure at the face that balances the groundwater pressure, preventing
groundwater inflows and avoiding the need for dewatering. Ground freezing or grouting methods,
although possibly feasible from a technical point-of-vie% would probably be more expensive than other
options. For these reasons, l:Sressuized face rnicrotunneling equipment is considered to be the most
effective method of providing groundwater control for this project where microtunneling is to be ut’tlized..
Groundwater control v,i[1 also be required for the shaft excavations for the inciting and receiving pits.
Continuous, interlocking sheetpiles should be used to control groundwater by providing a groundwater
cutoff. Use o[’sheetpiles will rniniMze the need for dewatering and minimize surface settlement. Sumps
should be provided to collect groundwater that percolates up into the base of’the shaft or water that
infiltrates throu2~ the sheet piles. Localized groundwater control such as dewatering wells (or well
points) or jet grouting to prevent inflows and loss o£ground ,Mll be required at jacking and receiving pits
when breaking out of or into sh~s if sand deposits are present in the area where the shoring system is to
be breached. The duration of’such dewatering shc~uld be minimized to avoid the potential for surface
settlement.
4.3 MICROTUNNELING EQUIPI~IENT CONSIDERATIONS
Based on the available geotechnical data, rnicrotunneling methods for construction ot~this sewer should
utilize a pressurized, closed-face rnicrotunneling machine to control unstable floMng and squeezing
ground conditions and groundwater inflows, and minimize loss of’ground and surface settlement that
could damage adjacent streets, utilities, buildings and other improvements. A slurry or auger
microtunneling machine may be used as long as it has the capability to positively balance the hydrostatic
pressures. Use of an auger machine is considered feasible because the groundwater head above the
p~pelines is typically less than 10 feet provided drive lenNhs can be reduced to less than 500 feet.
lvficroturmeling systems used for this project should be remotely controlled and should have an
articulated, steerable, closed-face machine; a laser guidance system; a lubrication injection system; and an
automated slurry spoil transportation system capable o£coordinating the volume o[’material excavated
with the rate of pipe installation to avoid overexcavation and loss of ground.
A closed-face, pressurized microturmeling machine is ideal for this project because it can control
squeezing and floMng ground conditions Mthout the need for dewatering along the pipeline alignment.
This type ofmicroturmeling equipment ,,411 also minimize surface settlement and potential damage to "
adjacent structures and utilities that could result from dewatering or loss of ground during
microtunneling. If these machines are operated properly, then it should be possible to limit surface
settlement resulting from microturmeling to less than about 112 inch. Along most areas ofthe alignment
this magnitude of’surface settlement would not be expected to damage the existing.utilities and
improvements. Nonetheless, the Contractor should be responsible for repairing any damage resulting
from microturmeling or other construction operations.
Ira slurry machine is used, slurry pressures will have to be carefully controlled to avoid the discharge of
slurry at the ground surface particularly beneath the sensitive marsh area in the Baylands Nature
Preserve. Special slurry additives (such as certain polymers) and frequent changes of the slurry will be
required to keep the slurry thin so pumping pressures can be minimized. In addition, only biodegradable
SECTIOHFOUR
]
]
]
]
slurdes and additives should be used beneath the marsh area, Alternatively, an auger machine could be
used which will avoid the potential for slurry releases, Due to the high clay content of’the clay soils
(approximately 20 to 40 percent) along the alignment, a slurry separation plant with shakers,
hydrocyclones, and centrifuges will be required to adequately remove the spoils from the slurry, ifa slurry
machine is used. Ira slurry microtunneling machine is used, it should have as large a jet as practical for .
this pipe size and the ability to bac!dlush the slurry lines to avoid clogging up the cutterhead and slurry
ports if’tree roots are encountered (such as beneath the Harbor Business Park).
A reinforced concrete tba"ust block or thrust block constructed of’other similar r~d materials is required
to provide resistance for the forces developed by the main jacking system. The pressure exerted by the
thrust block on the surrounding soils should be limited to 2,000 psf’to avoid excessive deformations. The
laser should be supported independently of’the thrust block, main jacks, and jacking frame to keep it from
shifting as a result of’deformations during pipe jacking.
4.4 SETTLEMENT MONITORING
To document existing conditions prior to construction, it is recommended that a careful reconnaissance
and photographic or video survey be performed of’the four existing buildings adjacent to the ali~’trnent,
Highway 101 and streets, sidewalks, and any other improvements in close pro,,dmity to the alignment (i.e.
Mthin about 25 feet of’the pipeline centerline). This survey will serve as an aid in evaluating possible
damage due to settlement resulting from the microtunneling operations. Following construction a post-
construction survey similar to the pre-construction survey should be completed.
To check for surfacesettlement during construction, a survey system for verticalcontrol points should be
established prior to construction, and elevations should be surveyed periodically during construction in
accordance with the project specifications. Surface settlement will be monitored by the use of survey
control points spaced every 50 feet on the ground surface along the centerline or’the alignment in the
sections to be installed using microtunneling methods where there is access available. Several additional
control points should also be located on or next to the four existing buildings adjacent to the aligm’nent.
The survey measurements will consistof’determining the elevation of each of the control points Mth
respect to a benchmark determined by the Contractor’s Surveyor to an accuracy of 0.01± foot.
4.5 JACKING AND RECEIVING PITS
The expected subsurface conditions at the jacking and receiving pits generally consist of fill consisting of
gravely and sandy clay, c!ayey gravel, and clayey sand underlain by soft to stiffclay interbedded with sand
and gravel layers. Groundwater levels are expected to range from 4 to 6 feet below the ground surface.
The jacking and receiving pit excavations should be sup’ported with interlocked steel sheetpiles. The
Contractor is responsible for designing and constructing the excavation support systems and
groundwater control systems. The lateral earth pressures recommended in Section 3 for design of
internally-braced sheetpiling (see Figure 4) also are applicable to the design of the jacking and receiving
pits. The excavation support system must be designed for hydrostatic pressures, as well as lateral earth
pressures. Construction surcharge pressures and pressures resulting from adjacent street.traffic should
also be included in determining the total lateral pressures for design. Sheetpiles should penetrate a
minimum o[’5 feet below the base of the excavation and at least 3 feet into an underlying clay layer, so
that an adequate groundwater cutoffis provided. A minimum factor of safety of’ 1.5 should be used in
calculating passive resistance below the base of the excavation. For a watertight excavation support
Woodward-Clyde
Y