HomeMy WebLinkAboutStaff Report 417-07City of Palo Alto
City Manager’s Report
4
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: UTILITIES
DATE:
SUBJECT:
NOVEMBER 19, 2007 CMR:417:07
APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF PALO
ALTO AND THE PURISSIMA HILLS WATER DISTRICT FOR A
LIMITED EMERGENCY WATER SUPPLY INTERTIE
RECOMMENDATION
Staff recommends that Council approve agreement with Purissima Hills Water District for the
Arastradero Road Limited Emergency Water Supply Intertie.
BACKGROUND
Staff has been working with the Purissima Hills Water District for the past two years to develop
a project that could provide emergency water supply options and maintenance flexibility for each
entity. The results of these efforts are summarized here for Council’s consideration and approval.
DISCUSSION
The City of Palo Alto and the Purissima Hills Water District (PHWD) wish to improve their
water system emergenc.v supply capabilities. The Palo Alto emergency supply will be enhanced
in the Stanford Research Park area by constructing an intertie with PHWD at the intersection of
Arastradero Road and Hillview Avenue. The emergency intertie with PHWD will help to
improve fire protection and provide emergency water to customers in the Stmaford Research Pa’k
in the event that Palo Alto water facilities are isolated for emergency repairs or pla~med
maintenance. The intertie will be designed jointly. The construction of the intertie will be paid
for and inspected by PHWD.
CMR:417:07 Page 1 of 3
Future maintenance of the intertie will be shared equally by Palo Alto and PHWD. The intertle
will be metered in both directions. Any water used by either party will be paid for at the rate the
party pays San Francisco Public Utilities Commission for the water supplied. Each patty will
evaluate the request of the other party for emergency water supply at the time of the request to
open the intertie. If the party," without an emergency is able to release water from its system: it
would be paid for the supplied water within 30 days of billing the receiving party.
The Scope of Work for the PH\VD emergency intertie will include the following facilities: a
bidirectional meter, meter vault, flushing pipes, traffic rated covers, check valves and gate
valves. The Arastradero Road com~ection will be for emergency use only and will allow both the
city and PHWrD to provide water to the other patty on a limited and emergency basis if either
party chooses to share their water supply.
Construction to implement the intertie is expected to start in Spring 2008.
RESOURCE IMPACT
Funding for the intertie will be provided by PHWD. PH-ArD and .CPA will share the cost of
future maintenance equally. City maintenance costs are included in the Water Fund Operations
Budget.
POLICY IMPLICATIONS
The approval of this agreement is consistent with existing City policies and with the City
Council priority of emergency preparedness. This recommendation is consistent with the
Council-approved Utilities Strategic Plan Key Strategy No. 1, "Operate distribution system in a
cost effective manner," Strategy No. 7, "Implement pro~ams that improve the quality of the
environment" and Objective No. 2, "Invest in utility infi’astructure to deliver reliable service."
ENVIRONMENTAL REVIEW
This project is categorically exempt fiom the California Enviromnental Quality Act (CEQA)
pursuant to CEQA Guidelines Sections 15301 (repair, maintenance or minor altercation of
existing facilities) and 15302 (replacement or reconstruction of existing facilities located on the
same site as the structure replaced).
ATTACHMENTS
A: Agreement between the City, of Palo Alto and the Purissima Hills Water District for limited
emergency water supply intertie
PREPARED BY:ROMEL ANTONIO, Sr. Project Engineer, WGW
ROGER CWIAK, Engineering Manager, WGW
TOMM MARSHALL, Assistm~t Director, Utilities
CMR:417:07 Page 2 of 3
DEPARTMENT APPROVAL:
VALE ~E~.~’[~G
Director of Utilities
CITY MANAGER APPROVAL:
EMIEY HARRISON
Assistant City Manager
CMR:417:07 Page 3 of 3
ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE PURISSIMA HILLS WATER DISTRICT FOR
LIMITED EMERGENCY WATER SUPPLY INTERTIE
THIS AGREEMENT is made as of this __ day of , 2007
("Effective Date"), by and between the City of Palo Alto, California, a chartered California
municipal corporation with its primary business address at 250 Hamilton Avenue, Palo Alto
California 94301 ("CITY") and the Purissima Hills Water District, a county water district, with
its primary business address at 26375 Fremont Road, Los Altos Hills, California 94022
("DISTRICT"). CITY and DISTRICT may be refened to individually as a "Party" or
collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
WHEREAS, the Parties provide water service to their respective, adjacent se~wice
areas in Palo Alto and Los Altos Hills;
WHEREAS, each Party has its own water supply and under usual and ordinary
operating conditions neither Party would have occasion to purchase water from the other Party;
and
WHEREAS, the Parties anticipate that an interconnection at Hillview Road and
Arastradero Road will be constructed in the furore ("Arastradero Road Connection"). The
Arastradero Road Connection is refened to herein as the "Interconnection;" and
WHEREAS, the Parties determined it to be in the public interest to arrange for
two-way mutuat relief cotmections between their water distribution systems so that each entity
can provide the other with water in an emergency if water is otherwise available; and
WHEREAS, the Parties desire to enter into an agreement to establish the terms
and conditions for the construction, maintenance, and use of the Interconnection.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1.Interconnection Location. The Arasta’adero Road Connection is
generally described as follows and is shown on the drawings attached as Exhibit A. The
Arastradero Road Connection is anticipated to be located at Arastzadero Road and Hillview
Avenue, and is anticipated to be constructed in 2008. The Arastradero Road Connection will
include the following facilities: a bidirectional meter, meter vaults, flushing pipes, traffic rated
covers, check valves and gate valves.
In the event either Party requires supplemental water for a limited period of time due to an
emergency or disaster, such Party shall have the right to obtain supplemental water from the
other Party via the Arastadero Road Connection pursuant to Section 5 of this Agreement. When
the Intertie is activated, it shal! operate only when the supplying Party is capable of providing
supplemental water above and beyond that which is required to service its needs.
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2.Water Supply is for a Limited Purpose Only. Nothing herein shall be
deemed to constitute a dedication of the water supply of either Patty to service the territory of the
other Patty or to constitute a commitment to supply water to the other Patty as a regular
customer.
3.Construction of Arastradero Road Connection. The estimated current
cost to design, purchase and construct the Arastradero Road Colmection is $50,000. The
DISTRICT will assume primary responsibility for the design, purchase, and construction of the
Arastradero Road Connection. More specifically, the DISTRICT will complete, to the
reasonable satisfaction of CITY, the following tasks:
A.Prepare contract specifications and drawings;
and approvals;
Conduct the enviromnental review and obtain all necessary permits
C. Solicit bids, evaluate bids, and award the contract to the lowest
responsible and responsive bidder;
D.Perform inspection and construction oversight; and
E.Test and accept the completed work.
DISTINCT will pay for all costs pertaining to the design, purchase, and construction of the
Arastradero Road Cotmection. DISTRICT will connect the Arastradero Road Connection to the
CITY distribution system in accordance with CITY standard specifications and to DISTRICT
distribution system in accordance with DISTRICT standard specifications. Upon completion of
construction, DISTRICT shall transfer ownership of the facilities to the CITY up to the CITY
side of the Intercom~ection meter. DISTRICT will retain ownership of the facilities up to and
including the Intercotmection meter.
4.Maintenance of Intereonneetion.
No DISTRICT Responsibility.
go DISTRICT, at its sole cost, will be responsible for
maintaining and repairing al! pipelines, valves, and related
water system appurtenances up to the DISTRICT side of
the Intercormection meter.
The DISTRICT also will be responsible for maintaining
and repairing the Intercormection meter. The cost of
mMntaining and repairing the Intercom~ection meter will be
shared equally (50% each) between the DISTRICT and
CITY. CITY will pay the DISTRICT its 50% share for the
cost for maintenat~ce and repair of the Intercom~ection
meter as costs are hacurred by the DISTRICT. The
DISTRICT will provide CITY with written documentation
of actual costs incurred that describes all materials
2071115 syn 6050265
purchased and services provided, including the persons
providing the setwices and their hourly rates. CITY will
pay 50% of the approved invoice within thirty (30) days
from the date of receipt of the invoice.
B.CITY Responsibility. CITY, at its sole cost, will be responsible
for maintaining and repairing ali pipelines, valves, and related water system appurtenances up to
the CITY side of the Intercolmection meter.
5.Sale of Water. The DISTRICT and CITY each agree to sell water to the
other, upon request, in cases of emergency, through the Intercolmection in accordance with this
Section. For purposes of this Agreement, an emergency is an unforeseen event that causes a
temporary outage of potable water to either CITY or the DISTRICT, such as a naturN disaster,
contaminated water, or a major pipeline break.
A.Manner of Request for Water. If either Party requires water
because of an emergency situation, the Requester ("Requester") wi!l request to obtain water from
the other Patty ("Supplier"). The Supplier will provide water to the Requester to the extent
Supplier has water available in view of its circumstances and demands at that time as determined
by the Supplier. The Requester will provide the Supplier with a written or verbN request for
water with as much advance notice as possible. Requests for water shall be delivered to the
addressees listed in Section 19 of this A~eement.
B. Obligation to Supply Water is Limited. The obligation to supply
water hereunder is limited (1) to surplus water above and beyond that required to service the
needs of the Supplier’s reguiar customers as detet~nined by the Supplier, and (2) to a reasonable
period of time to alleviate the emergency situation. The Supplier shall provide verbal or written
agreement to the Requester prior to the delivery of water in an emergency, mad representatives of
CITY and the DISTRICT will be present during the commencement and cessation of delivery of
water. At no time will the Requester operate the Supplier’s water system appurtenances, such as
valves, regulators, or hydrants. The amount of water provided by one Party to the other will be
monitored, metered, and documented.
6.Compensation for Water Usage.
The Requester will compensate the Supplier at the wholesale rate charged to the supplying Pm’ty
at the time of the delivery of the water by the San Francisco Public Utilities Co~mnission.
Charges will be made only for months in wkich water is actually delivered emd such payment
~vilt be made within thirty (30) days after receipt of an invoice. Meter readings will be made by
and at the convenience of the Supplier. The amount of water delivered shall be estimated if
conditions do not permit metered measurement. Water supplied pursuant to this Agreement shall
be accessed only tlv’ough the Intercormection.
7. Failure to Supply Water. Neither Patty shall be responsible for damages
for any failure to supply water or for interruption of the supply.
8.Access to Valve Site. The representatives of the Par~ies shall at all times
have access to the Interconnection for the pro’pose of reading meter registration and!or examining
the meter and valve to ascertain whether or not they are in good condition.
3071115 syn 6050265
9.Compliance with Laws. Each Party will have responsibility for obtaining
and maintaining all permits and preparing reports or plans as necessary to comply with current or
fiature applicable local, state or federal regulations for the construction, repair and replacement of
the facilities that each Party is responsible for maintaining as set forth in this A~eement.
Each Patty shall exercise reasonable care in the performance of its obligations and
rights under this Agreement to ensure that the other Party’s facilities and operations are not
impaired or damaged. If any occm-rence or condition during operation or maintenance of the
Interconnection threatens the physical integrity or operational capacity of either Party’s separate
facilities, the affected Party may stop operation or maintenance of the Intercoimection in
question and/or take any action that the affected Party deelns necessary to protect its own
separate facilities. The affected Party will give Notice to the other Party of any actions taken
pursuant to this Section as soon as practical.
10. Records. The Parties shall maintain accm-ate and complete records of the
maintenance and use of the Intercolmection, and shall make those records available to the other
Party upon request. Each Patty shall maintain records of all its costs with respect to its activities
under this Agreement and make those records available to the other Party. The Parties shall
retain such records for tln’ee (3) years after the termination of this Agreement.
11. Term. This Agreement shall begin on the date set forth in the first
paragraph of this Agreement, and can be terminated as discussed below. Either Party may
terminate this Agreement for default by the other Party, if the defaulting Party fails to cure the
default within ninety (90) days from the date of the notice of the default, or such longer period as
may be agreed to by both Parties.
12. Quantity or Quality of Water. Neither the DISTRICT nor CITY make
any representation or warranty of may kind regarding the quantity, quality or pressure of water
available at any time tt~rough the Interconnection, except that the ~vater provided will be in f~tll
compliance with California Departartent of Health oh’inking water requirements. It is the
responsibility of the Requestor to verify the quality of water entering their system and to ensure
that the interaction of the water sources does not cause water quality issues.
13.Indemnity.
A.Indemnification of CITY: To the extent pemztitted by law,
DISTRICT agrees to protect, defend, hold harmless and indemnify CITY, its City Council,
commissions, officers, employees, volunteers and agents from and against any clahn, injury,
liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney’s fees
in providing a defense to any claim arising therefi’om, for which CITY shall become liable
m’ising from DISTRICT’s negligent, reckless or wrongf~al acts, en’ors, or omissions with respect
to or in any way connected with the maintenance, assistance and services perfomaed by
DISTRICT pursuant to this Agreement, except for claims, liabilities and damages caused by the
CITY’s sole negligence or willful misconduct.
B.Indemnification of DISTRICT: To the extent petTnitted by law,
CITY agrees to protect, defend, hold harmless and indemnify DISTRICT, its Born’d, officers,
employees, volumeers and agents from and against any claim, injury, liability, loss, cost, and/or
4071115 syn 6050265
expense or damage, including all costs and reasonable attorney’s fees in providing a defense to
any claim ax-ising therefrom, for which DISTRICT shall become liable arising from CITY’s
negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected
with the maintenance, assistance and services performed by CITY pursuant to this Agreement,
except for claims, liabilities and damages caused by the DISTRICT’s sole negligence or willfu!
miscondnct.
14. Assigmnents and Successors in Interest. CITY and DISTRICT bind
themselves, their partners, successors, assigns, executors, and admiNstrators to all covenants of
this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement
or any of the work provided for under this Agreement shall be assigned or transfen’ed, either
voluntarily or by operation of law, without the prior written approval of CITY mad DISTRICT.
15. Integrated Document- Totality of A~reement. This Agreement
embodies the agreement between CITY and DISTRICT and its terms and conditions. No other
understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee
of CITY or DISTRICT prior to execution of this Agreement shall affect or modify any of the
terms or obligations contained in any docmnents comprising this Agreement, Any such verbal
agreement shall be considered as unofficial information and in no way binding upon City or
DISTRICT.
16. No Third Party Beneficiary. This Agreement shall not be construed to
be an agreement for the benefit of m~y third party or parties and no third party or parties shall
have any claim or right of action under this A~eement :for any cause whatsoever.
!7. Captions. The captions of the various sections, paragraphs and
subpm’agraphs of this Agreement are for conve~ience only mad shall not be considered or
referred to in resolving questions or interpretation.
18. Amendments. This Agreement may be changed only by a written
eanendment signed by both of the Parties.
19. Notice. Any notice required or permitted to be given by this Agreement
shall be in writing, delivered personally or deposited in the United States mail, first class postage
prepaid, addressed as follows:
If to CITY:City of Palo Alto
3201 East Bayshore Frontage Road
Palo Alto, CA 94303
Attention: Water-Gas-Wastewater Operations Manager, or
Water Transmission Supervisor, 650-496-6932
If to the DISTRICT:Pm-issima Hills Water District
26375 Fremont Road
Los Altos Hills, CA 94022
Attention: General Manager
5071115 ~,in 6050265
Either Party by notice given as hereinabove provided may change the address to wNch notice
shaI1 thereafter be delivered. If notice is sent via facsimile, a signed, hard copy of the material
shall also be mailed. The workday the facsimile was sent shall control the date notice was
deemed Nven if there is a facsimile machine generated document on the day of transmission. A
facsimile transmitted after 1:00 p.m. on a Friday shalI be deemed to have been transmitted on the
following Monday.
EN WITNESS WHEREOF, the Pa1"~ies have executed this Agreement by their duly
authorized representatives as of the day a2~d year first above w3"itten.
CITY OF PALO ALTO
Assistant City Manager
APPROVED AS TO FORM:
BY: ~!I~-’~PURI" I IA
LS W T R DISTRICT
General N[a~aa~,er
Deputy City Attorney
APPROVED:
ATTEST:
District Secretary
Director of Utilities
Director of Administrative
Se~azices
6
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