HomeMy WebLinkAboutStaff Report 109-08City of Palo Alto
C ty Manager’s Repor
8
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: UTILITIES
JANUARY 14, 2008 CMR: 109:08
ADOPTION OF AN ORDINANCE APPROVING AND ADOPTING A
PARK IMPROVEMENT PLAN FOR FOOTHILLS PARK AND
APPROVAL OF AN AGREEMENT WITH THE LOSALTOS HILLS
COUNTY FIRE DISTRICT FOR A JOINT FIRE HYDRANT AND
WATER MAIN UPGRADE PROJECT
RECOMMENDATION
Staff recommends that Council adopt an ordinance approving and adopting a park improvement
plan for Foothills Park; and approve an a~eement with the Los Altos Hills County Fire District
(LAHCFD) to augment the existing water system in Foothills Park and along Page Mill Road for
enhanced fire protection.
BACKGROUND
Staff has been working with LAHCFD for the past 18 months to develop a project that will
provide enhanced mutual fire protection benefits for each entity. The a~eement with LAHCFD
for the joint fire hydrant and water main project (the Project) will add five fire hydrants to the
City’s foothills fire fighting capabilities: one in Foothills Park at Towle Campground in
Wildhorse Valley and four along Page Mill Road. The Project will include reconstructing a
section of water main that was identified in the 1999 Water Study as in need of replacement.
Replacing this main will improve fare fighting capabilities in Foothills Park, on Page Mil! Road
above the Foothills Park entrance, in the Hewlett Subdivision, and along Los Trancos Road. The
Palo Alto portion of the project will be designed and constructed by LAHCFD. Palo Alto will
review- and approve project plans and inspect the construction work. Staff anticipates the design
and construction cost of the Palo Alto portion of the work wil! be approximately $500,000.
Upon completion of construction, the facilities will be turned over to Palo Alto to own, operate
and maintain. Palo Alto will reimburse LAHCFD for expenses for the Palo Alto portion of the
CMR: t09:08 Page 1 of 3
Project. Utilities engineering staff has worked closely with Fire Department, Planning
Department and Open Space staff to ensure that the Project was designed in such a way as to
avoid significant impacts to the natural resources of the park. Through this concerted planning
for the Project design, park community outreach, the Project construction zone and habitat
protection, and terrain restoration methods, all aspects of the Project were thoroughly discussed
in order to ensure a successful project and the careful protection of the natural environment. The
Project, as designed, wilt greatly enhance the ability for staff and fire fighters to protect the park,
its visitors and resources from the threat of wildfires.
DISCUSSION
The scope of work contained in the LAHCFD joint agreement will include the preparation of
final bid documents; design and engineering support services; issuance of the Notice inviting
bids; solicitation of bids; evaluation of bids; award of contracts, and daily construction
inspection.
Final bid documents wilt consist of general conditions, special provisions, technical
specifications, plans/drawings, and forms seeking price quotes for the Fire District’s portion of
the construction work. The bid documents will also include bid schedule items seeking price
quotes for Palo Alto’s portion of the construction work. The Project will be awarded based on
the total bid for the LAHCFD and the Palo Alto work.
Commencing on January 15, 2008, Pakpour Consulting Group ("PCG") will be the vendor for
the design of Palo Alto’s facilities and for engineering support services during the bidding and
construction phases of the Project, including bid document development, bid evaluation and
contract management. (LAHCFD has used PCG for project design on previous projects and
currently uses PCG as its "District Engineer.")
The contract will be awarded to the lowest, responsible and responsive bidder for the Project
which will include work for both LAHCFD and Palo Alto, if Palo Alto approves. Daily
construction inspection wil! be provided by Pato Alto engineering inspection staff.
Park Improvement Ordinance
A park improvement ordinance is required for the installation of a new- fire hydrant, water mains,
and relocation of existing pressure-reducing valves to a new underground pressure-reducing
station at the Foothills Park entrance.
Utilities engineering staff has coordinated the project plarming and construction schedule with
the Community- Services Department Staff at Foothills Park to ensure that the Project will not
interfere with park access or services. Construction activity for the proposed Project will most
likely occur in the spring of 2008, after the rainy season. Construction is planned for weekdays
from 8:00 a.m. to 5:00 p.m.
RESOURCE IMPACT
Funding for the City’s portion of the Project is available in Water Capital Improvement Project
WS-07003. Council approved funding for this project as part of the FY 07-08 budget.
CMR: 109:08 Page 2 of 3
Maintenance costs are included in the Water Fund operating budget for these proposed
replacement facilities.
POLICY IMPLICATIONS
The approval of this agreement is consistent with existing City policies. This recommendation is
consistent with the Comacil-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 infrastructure to
deliver reliable service."
ENVIRONMENTAL REVIEW
This project is categorically exempt from California Environnaental Quality Act (CEQA)
pursuant to Section 21080.21 of the Public Resources Code (excluding pipelines of less than one
mite). The City of Palo Alto Department of Planning and Conmaunity Environment filed a
Statement of Exemption with the County on September 17, 2007, attached as Exhibit C.
ATTACHMENTS
A: Agreement for Joint Fire Hydrant and Water Main Upgrade Project
B" Ordinance Approving and Adopting a Park Improvement Plan for Foothills Park
C: Statement of Exemption
PREPARED BY:
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
ROMEL ANTONIO, Sr. Project Engineer, WGW
ROGER CWIAK, Engineering Manager WGW
TOMM MARSHALL, Assistant Director Utilities
VALER~ 0". FONG
Director ~f Utiil~-ues
,,
EMILY HARRISON
Assistant City Manager
CMR: 109:08 Page 3 of 3
ATTACHMENT A
AGREEMENT
BET~VEEN THE CITY OF PALO ALTO AND
LOS ALTOS HILLS COUNTY FIRE DISTRICT FOR
JOINT FIRE HYDRANT AND WATER MAIN UPGRADE PROJECT
THIS AGREEMENT is made as of this __ day of ,2008, by and
between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the state
of California, (hereinafter called "City") and the LOS ALTOS HILLS COUNTY FIRE
DISTRICT (hereinafter called "Fire District").
WHEREAS, the Fire District desires to undertake a Fire Hydrant and Water Main
Upgrade Project to enhance fire protection, emergency water supply options and maintenance
flexibility;
WHEREAS, City, as a condition of allowing Fire District to proceed with the upgrade
project, wishes to develop a Joint Fire Hydrant and Water Main Upgrade Project ("Project")
whereby the Fire District may add five (5) fire hydrants and replace and install a section of water
main, all located within the City limits, and City will replace and install an additional section of
water main, also within the City limits ("Facilities");
WHEREAS, City and Fire District have determined that one project to include all of the
design, engineering and construction services to complete the Project described above will
improve both water and fire service for their mutual constituents and will provide the further
benefits of cost savings, price advantages and resource efficiencies for City and Fire District; and
WHEREAS, upon completion of the Project, City will accept the Facilities, and shall
own, operate and maintain the Project Facilities; and
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Purpose. The parties agree to jointly procure design, engineering and
construction services for a Joint Fire Hydrant and Water Main Upgrade Project for the Project in
accordance with the terms and conditions of this Agreement.
2.Scope of Work. The scope of work for the Project shall include the following:
A. Preparation of Project bid documents consisting of General Conditions,
Special Provisions, Technical Specifications, plans/drawings, and proposal forms;
including a bid schedule seeking price quotes for the Fire District’s portion of the Project
and an alternate add bid schedule seeking price quotes for City’s portion of the Project.
B. Use of Pakpour Consulting Group ("PCG") for all of the design work for
the Project and engineering support services during the bidding and construction phases
071218 syn 6050308
of the Project, including bid document development, bid evaluation and contract
management.
Issuance of Notice Inviting Bids and solicitation of bids.
Evaluation of bids.
E.Award of contract to the lowest, responsible and responsive bidder.
F.Daily inspections during the construction phase provided by City.
3. Qualifications of PCG. Fire District has used PCG for project design on
previous projects and has an existing contract with Fire District. City understands that Fire
District went through a selection process in selecting PCG for professional services and selected
PCG on the basis of its demonstrated competence and on the professional qualifications
necessary for the satisfactory performance of the services.
4. Schedule and Time of Completion. The schedule for the notice of inviting bids
shall be at a date mutually agreed upon by City and Fire District. The schedule for the award of
contract and the time of completion for the construction of the Project shall be designated in the
Project bid documents.
5. Insurance. Bidders on the Project shall be required to maintain insurance and
shall name both City and Fire District as additional insureds.
6. Review of Bids and Contract Award. City and Fire District shall review and
approve all Project bid documents before advertisement. The bid documents shall contain a
discussion of the contract award process, including a statement that City’s alternate add work
will not be awarded if there are inconsistencies in the unit pricing for this work as compared with
the base work bid for Fire District.
A. Fire District shall evaluate bids to determine the lowest responsible and
responsive bidder ("successful bidder") and a recommendation for contract award. Fire
District shall advise City of its determinations in a timely manner.
B. City shall evaluate the alternate add bid from the successful bidder and
shall determine whether the contract award shall include the alternate add work. If City
authorizes the inclusion of the alternate add work in the contract award, it shall notify
Fire District of its election to proceed with the contract in a timely manner.
C.Fire District shall decide whether to award the contract. If Fire District
awards the contract to the successful bidder, City and Fire District shall execute a single
contract for the work. City shall make payment by charged invoices through Fire
District. If Fire District elects not to award the contract, then Fire District will provide
the Project desi~ documents, including Project plans, drawings, and specifications, to
the City so that the City may manage its portion of the Project separately, and this
Agreement shall terminate.
2
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D. If City elects not to proceed with the award of the alternate add work, it
shall notify Fire District of its decision in a timely manner and this Agreement shall
terminate.
7.Notice to Proceed. Fire District shall issue a Notice to Proceed to the successful
bidder ("Contractor") at such time as the Contractor has submitted all required bonds, insurance
certificates and a signed contract. The Contractor will be required to furnish a performance
bond to the Fire District in the amount of the costs of the Fire District’s portion of the work. In
addition, the Contractor will be required to furnish a performance bond to the City in the amount
of the costs for the City’s portion of the work. Only one payment bond in the amount of the sum
of the costs for both portions of the work and identifying the Fire District and City as obtigees
will be required.
8. Sharin¢ ot" Costs. The parties agree to the cost sharing arrangements for this
Project as set forth below.
A. City shall pay any additional engineering costs for the design work and
services for City’s portion of the Project. City and Fire District anticipate that City’s
portion of the Project’s preliminary engineering will not exceed Forty-Five Thousand
Dollars ($45,000) for the current construction method of horizontal directional drilling.
B. City and Fire District shall pay a prorated share of the costs for notice
publication and engineering support services during the bidding and construction phases.
The prorated share will be calculated by comparing the subtotal for the separate bid
schedules covering the portion of the Project attributable to City and Fire District to the
total sum of the bid schedules. PCG shall provide a proposal for these costs to be
reviewed and approved by both City and Fire District before proceeding.
C. City and Fire District shall pay the construction costs for the portion of
work attributable to City and Fire District in accordance with the separate bid schedules.
City or Fire District will be responsible for the costs of any change order that is issued
pertaining to City or Fire District’s portion of work on the Project. In the event that a
change order is general in nature and cannot be specifically proportioned to City or Fire
District, then City and Fire District will share the cost of the change order in accordance
with their percentage share of the costs of their respective work to the costs of the total
project.
9. Billing and Payment. PCG shall prepare separate invoices for City and Fire
District to cover the engineering costs specifically proportioned to City and Fire District’s
respective portion of work on the Project. The Project bid documents shall explain the billing
and payment process for the costs of construction. Fire District shall receive and review all
invoices from the Contractor with the assistance of PCG. Fire District will then forward City
copies of the Contractor’s invoice together with a statement of those costs for which City is
responsible.
071218 syn 6050308
A. City shall pay Fire District the amount for which it is responsible within
thirty (30) days of receipt. City shall be required to pay interest on all late payments.
The applicable interest rate shall be in the amount of the average return the Fire District
receives on its investment portfolio at the time of the late payment.
B. Fire District shall make payments to the Contractor in accordance with the
terms of the Project bid documents, and shall be responsible for any late payments that
Contractor may impose.
10. Accounting: Audits, and Ownership of Records. Records of the expenses
incurred in connection with the performance of this A~eement will be prepared, maintained and
retained by Fire District in accordance with generally accepted accounting principles and will be
made available to City for auditing purposes at mutually convenient times during the term of this
Agreement and for three (3) years following the expiration or early termination of this
Agreement.
A. Copies of the bid documents and other deliverables relating to the Project
wil! become the property of City, irrespective if the Project is completed, upon payment
by City of required amounts to PCG. These documents will be mailed to City by Fire
District without additional charge or compensation. PCG disclaims any responsibility or
liability for any alterations or modifications of the Project documents by City.
11.Indemnity.
A. Indemnification of City. To the extent permitted by law, Fire District
agrees to protect, defend, hold harmless and indemnify City, its City Council,
commissions, officers, employees, volunteers and agents from and against any claim,
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 therefrom,
caused by or arising out of Fire District’s, its officers’, agents’, consultants’ or
employees’ negligent, reckless or wrongful acts, errors, or omissions with respect to
or in any way connected with the maintenance assistance and services performed by
Fire District pursuant to this Agreement, except for claims, liabilities and damages
caused by the City’s sole negligence or willful misconduct.
B. Indemnification of Fire District. To the extent permitted by law, City
agrees to protect, defend, hold harmless and indemnify Fire District, its Board,
commissions, officers, employees, volunteers and agents from and against any claim,
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 therefrom,
caused by City’s, its officers’, agents’, consultants’ or employees’ 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 Fire District’s sole
negligence or willful misconduct.
071218 syn 6050308
4
C. Once Facilities Accepted. From and after acceptance of the Facilities by
City, the Fire District shall have no further responsibility for claims that arise from
the completion of the Facilities and this Indemnity shall not apply to such claims,
except for claims arising from incidents that occurred prior to acceptance of the
Facilities by City.
12. Assignments and Successors in Interest. City and Fire District bind themselves,
partners, successors, assigns, executors, and administrators to all covenants of this Agreement.
Except as otherwise set forth in this Agreement, neither party may assign or transfer, either
voluntarily or by operation of law, without the prior approval of both parties, any interest in this
Agreement of any of the work of the Project.
13. Integrated Document. This Agreement supersedes all prior negotiations,
representations, and written or oral contracts between the parties.
14. Amendments and Modification. Only a writing signed by both parties may
modify this Agreement.
15. Severabilitv. If any part of this Agreement or any amendment or modification of
this Agreement is found to be legally void or unenforceable by a court of law, the remainder of
the Agreement will remain in full force and effect.
16.
follows:
Notice. All notices given pursuant to this Agreement shall be addressed as
City of Palo Alto:City of Palo Alto Utilities District
1997 Elwetl Court
Palo Alto, CA 94303
Attn: Roger W. Cwiak, P.E. Engineering Manager
Fire District:Los Altos Hills County Fire District
P.O. Box 1766
Los Altos, CA 94023-1766
Attn: Stu Farwell, Fire Consultant
//
//
//
//
071218 syn 6050308
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year referenced above.
CITY OF PALO ALTO, a chartered city
and a municipal corporation of the State of
California
LOS ALTOS HILLS COUNTY
FIRE DISTRICT, a public agency
By:
Assistant City Manager
By:.
President, Board of Directors
APPROVED AS TO FORM:ATTEST:
Deputy City Attorney DistfictClerk
APPROVED:
Director of Utilities
Director of Administrative Services
071218 syn 6050308
NOT YET APPROVED
ATTACH IVl ENT
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PARK IMPROVEMENT PLAN
FOR FOOTHILLS PARK
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and Section 22.08.005 of
the Palo Alto Municipal Code require that, before any substantial building, construction,
reconstruction or development is commenced or approved, upon or with respect to any land held
by the City for park purposes, the Council shall first approve and adopt a park improvement
ordinance and a plan describing the proposed project.
(b)Foothills Park is dedicated to park purposes.
(c)While the majority of the Page Mill Fire Hydrant Project wilt take place in
Santa Clara County, a portion of the project will take place in Foothills Park, within the City of
Palo Alto. The existing water main in Foothills Park is undersized for adequate fire protection,
as identified by the City’s 1999 Water System Study.
(d) The City intends to authorize construction of certain improvement projects
within Foothills Park as shown on the Foothills Park Improvement Plan, and the Page Mill Fire
Hydrant Project Proposed Plan Overview (collectively "Plans") attached as Exhibits "B-I" and
"B-2" including, without limitation, the following:
(1)Installation of new 8-inch and 10-inch water mains and abandonment-
in-place of the existing 6-inch and 8-inch water mains.
(2)Relocation of the existing Boronda Booster Station Hewlett pressure-
reducing valves to a new underground pressure reducing station at the
Foothill Park entrance.
Removal of the existing above ground Hewlett pressure-reducing
valves at the Boronda booster pump station located near Towte
Campground in Witdhorse Valley.
(4)Installation of one new fire hydrant to improve the City’s foothill fire
fighting capabilities, located at Towle Campground in Wildhorse
Valley.
(e) The project improvements will avoid protected trees and other sensitive
resources and all existing park uses will be restored following project construction. Pipeline
installation will utilize a horizontal boring method, with the exception of the pipeline entry and
071218 syn 6050267
NOT YET APPROVED
exit pits. The entry pit will be approximately 5 feet by 10 feet, located in the Foothills Park
parking lot. The exit pit will be approximately 10 feet by 20 feet, and is expected to be located
in the area shown on Exhibit B-2. Proper ingress and egress to and from the park entrance will
be observed at all times. Clearing of vegetation and trimming of existing trees will occur, in
accordance with City policies and as necessary to provide equipment access during construction.
Accordingly, the improvements described above and as more specifically described on the Plans
attached hereto as Exhibits "B-l" and "B-2" are consistent with park and conservation purposes.
(f) The Council desires to approve the projects described above and as more
specifically described on the Plans attached hereto as Exhibits "B-1" and "B-2".
SECTION2. The Council hereby approves the Plan for replacement and
construction of improvements in Foothills Park and hereby adopts the Plans attached hereto as
Exhibits "B-I" and "B-2" as part of the official plan for the construction of improvements in
Foothills Park.
SECTION 3. The Council finds that the projects to construct new facilities at
Foothills Park are subject to review under the California Environmental Quality Act (CEQA).
On September 17, 2007, City’s Department of Planning and Community Environment found this
project to be exempt from environmental review pursuant to § 21080.21 of the California Public
Resources Code, which provides an exemption for any project of less than one mile in len~h
within a public street or highway or any other public right-of-way for the installation of a new
pipeline.
SECTION 4.
date of its adoption.
This ordinance shall be effective on the thirty-first day after the
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
071218 s3~6050267
2
NOT YET APPROVED
Deputy City Attorney City Manager
Director of Community Services
Director of Administrative Services
071218 syn 6050267
EXHIBIT B- 1
FOOTHILLS PARK IMPROVEMENT PLAN
Introduction
Foothills Park is located at 3300 Page Mill Road in Palo Alto, 2.7 miles west of H’~,. 280. Dr.
Russell Lee, founder of the Palo Alto Medical Clinic, sold the land used for Foothills Park to the
City of Palo Alto in 1958, on the condition that it be preserved as open space. The park was
formally dedicated in 1965.
One of Foothill Park’s amenities is Towle Camp, a seasonal campground available to residents
and their guests for tent camping from May 1 to October 31. Located at the end of Wildhorse
Valley, Towle Camp offers eight peaceful campsites nestled under the trees. Each site offers a
BBQ, water, picnic table, tent area and a food box.
Water infrastructure within the park has not been upgraded since its original construction and
is in need of replacement.
Proposed Park Activities
Proposed improvements to Foothills Park include:
Removal and replacement of asphalt at the affected area in the park
entranceway;
Installation of a fire hydrant at Towle Campground;
Installation of new 8-inch and 10-inch water mains and abandonment-in-place
of the existing undergound 6-inch and 8-inch water mains;
Relocation of the existing Boronda Booster Station Hewlett pressure reducing
valves to a new under~ound pressure reducing station at the Foothill Park
entrance;
Removal of the existing above-ground Hewlett pressure-reducing valves at
the Boronda booster pump station located near Towle Campground in
Wildhorse Valley;
Restoration and replacement of any vegetation removed as part of the project
at a ~o-to-one ratio.
Construction Schedule
Construction activity is expected to occur in the spring of 2008, after the rainy season.
Construction would likely occur during weekdays from 8:00 a.m. to 5:00 p.m. and is
expected to last 3 months.
Anticipated Results
The anticipated benefits to be realized from the project include improved fire fighting
capabilities in Foothills Park, along Page Mill Road above the Foothills Park entrance, in the
Hewlett Subdivision and along Los Trancos Road.
ATTACHMENT C
.................................................... CITV OF PALO AI~TO ................................................................
DEPARTMENT OF PLUG ~ .~o~TY E~ONMENT
STATEMENT OF E~MPTION
LOCATION OF PROPERTY
PROJECT DESCRIPTION
Foothills Park/Page Mill Road (See attached
exhibit)
Page Mill Fire Hydrant Project that will upgrade
and replace an existing 6 inch and 8 inch pipeline
with both an 8 inch and 10 inch pipeline to
provide sufficient fire protection, per the attached
Exhibit.
CERTIFICATION
Under the provisions of Section 21080.18 of Division 13 Environmental Quality of the Public
Resources Code as stated below, this project is found to be exempt from the environmental review
requirements implementing the California Environmental Quality Act of 1970, as amended.
21080.18. This division does not apply to any project of less than one miIe in length within a public
street or highway or any other public right-of-way for the installation of a new pipeline or the
maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of
an existing pipeline. "Pipeline" includes subsurface facilities but does not include any surface
facility related to the operation of the underground facility.
APPLICATION TO CURRENT PROJECT
The entire project consists of upgrading and replacing 6 inch and 8 inch pipeline with both an 8 inch
and !0 inch pipeline to improve fire flows to the Hewlett subdivision consistent with Section
21080.18. The majority of the project will be in the County; a portion of the project will be in the
City of Palo Alto. The existing water main in this area is undersized for adequate fire protection.
The City’s 1999 Water System Study identified the project segment as a line needing replacement
to improve fire protection in the Hewlett subdivision and Foothills Park. For the City’s portion of
the work, less than ¼ mile or approximately 1100 linear feet of line will be replaced; the entire
project will result in less than one mile of pipeline. Any vegetation removed as part of the project
will be replaced at a two to one replacement ratio. Five new fire hydrants, one at ToMe
Campbground and four along Page Mill Road, will also be installed.. These surface facilities will
not result in any significant impacts on the environment.
//St~e ~nsl/i~, Director
Planning ahd Community Environment
~o>~