Item 29 Staff Report Adopt Resolution Authorizing Town Manager to Execute Agreement with West Valley Sanitation District for Cleaning a Portion of Storm Drain SystemTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: April 30, 1992
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
COUNCIL 1 .3ENDA
DATE: 5/4/92
ITEM NO.
7 �
6-p/q2)
ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT
WITH WEST VALLEY SANITATION DISTRICT FOR CLEANING A PORTION OF STORM
DRAIN SYSTEM
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to enter into an agreement with the West Valley Sanitary
District (WVSD) for inspecting and cleaning a defined section of Los Gatos storm drain system (See
Attachment 1).
BACKGROUND:
The 1990 Clean Water Act requires the Town of Los Gatos to satisfy various conditions related to the
National Pollution Discharge Elimination System (NPDES) permit including routine maintenance. The Town
has not yet been able to initiate a routine cleaning and maintenance program of the storm drain system.
DISCUSSION:
The NPDES permit requires a routine cleaning and maintenance program this year. Due to budget, Town
forces have not been able to perform this function as planned.
The WVSD is capable, experienced and equipped to perform the recommended services. The Town and
the WVSD have identified a pilot program area on University Avenue near Blossom Hill Road (see Exhibit B
map). This area includes commercial and residential properties and has a history of pollution related
problems.
PREPARED BY:
(Continued on Page 2)
SCOTT R. BAKER J
Director of Building and Engineering Services
SRB:lkj 4/30/92 9:03 am
L26\cnclrpts\wvsd.bld File Y
ATTACHMENTS: (See Page 2 for list of Attachments)
DISTRIBUTION: Bill Gissler, Manager/Engineer, West Valley Sanitary District, 100 East Sunnyoaks
Avenue, Campbell, CA 95008
Reviewed by:
ttorney Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE2
MAYOR AND TOWN COUNCIL
SUBJECT: AUTHORIZE THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE WEST
VALLEY SANITATION DISTRICT FOR INSPECTING AND CLEANING A PORTION OF THE
STORM DRAINAGE SYSTEM
April 30, 1992
The WVSD has provided a copy of existing insurance coverage (Exhibit C) but is unwilling to name the Town
as an additional insured. The usual Town practice requires consultants and contractors to name the Town
as additionally insured. Currently the WVSD is performing services on the Town's sanitary sewers, i.e.,
emergency repairs, television and construction inspection and general system management under the
insurance policy provided in Exhibit C. The WVSD is an intergovernmental jurisdiction established to serve
the public need. It is the staff's opinion that:
• the limited scope of the proposed work
■ the similar nature to work currently performed
• the governmental status of WVSD
• the benefit to the Town of the work to be performed
justify the departure from the normal insurance practice. It is also noteworthy that the agreement does not
contain indemnification provisions normally included in contractor agreements. If litigation arose because
of the District's services under this agreement, the Town could make an equitable claim for indemnification
which carries less weight than a contractual requirement.
CONCLUSION:
The WVSD can provide cost-effective services necessary for compliance with current fiscal year NPDES
permit requirements.
FISCAL IMPACT:
$3,000 from CIP Account Number 014-470-8306.
ATTACHMENTS:
1. Resolution
A. West Valley Sanitary District Agreement with the Town of Los Gatos
B. Map of pilot program area - University Avenue near Blossom Hill Road
C. Copy of existing insurance coverage
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH WEST VALLEY SANITATION
DISTRICT FOR CLEANING A PORTION
OF THE STORM DRAIN SYSTEM
WHEREAS, it is the intention of the Town of Los Gatos to enter into an agreement
with West Valley Sanitation District for cleaning a portion of the storm drain system.
BE IT RESOLVED, by the Town of Los Gatos, State of California, that the Town
Manager is authorized to enter into an agreement with West Valley Sanitation District to
clean a portion of the Town's storm drain system in the form attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of 1992, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Al 1 EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
L26\cnclrpts\wvsd.bld
ATTACHMENT 1
4/29/92
AGREEMENT RELATING TO INSPECTING AND CLEANING OF STORM
DRAINAGE SYSTEM IN A PORTION OF LOS GATOS
AGREEMENT, made by West Valley Sanitation District of
Santa Clara County, hereinafter referred to as "District,"
and the Town of Los Gatos, hereinafter referred to as
"Town."
RECITALS:
A. The Town, to be in compliance with the 1990 Clean
Water Act and to fulfill its obligations under the
National Pollutant Discharge Elimination System
Permit issued by the California Regional Water
Quality Control Board, is required to develop a
comprehensive storm water management program which
includes a routine cleaning and maintenance of its
existing storm sewer systems.
B. The District, being experienced and equipped to
inspect and clean sewage pipes and system
facilities, proposes to inspect and clean a
portion of the Town's storm system, under a pilot
program to determine the extent of work and the
resources required for a full program.
C. The Town and the District have identified a pilot
program area in the vicinity of University Avenue
and Blossom Hill Road, and southerly thereof to
Andrews Street. The area, consisting of
commercial and residential properties, is shown on
Exhibit Map A, dated March 27, 1992.
IT IS THEREFORE AGREED AS FOLLOWS:
A. SCOPE OF WORK
1. The District by field inspection will locate
all storm drains, manholes, and outfall
structures within the public right-of-way in
the pilot area. The District will map these
facilities on its sanitary sewer location
maps at a scale of 1" = 100'.
2. The District will inspect all storm drains
and manholes within the public rights -of -way
in the pilot area. Catch basins and manholes
containing debris will be cleaned.
Connecting laterals and mains will be
visually inspected by mirror and flashlight.
EXHIBIT A
3. The District will prepare an inspection
report on each facility, noting the cleaning
work that was done, if any, and the condition
of the facility after cleaning. If flow is
found, its quantity will be estimated and
source identified if possible. Sources of
flow not identified will be noted for further
investigation by television inspection and/or
adjacent public property inspection.
Television inspection of sewers will only be
performed upon mutual concurrence of both
Town and District.
4. The District will maintain records of
personnel and equipment time expended to
perform the inspections, cleaning, and report
preparation. This information will be used
in preparing a Town -wide program.
5. The Town will assist the District by
providing available mapping and historic
maintenance information on the storm drainage
system. Should special traffic control or
other public safety measures be required, the
Town will provide them or assist the
District.
6. The Town will perform inspections of storm
drainage systems on private property. The
District will assist the Town to identify
sources of flow. The Town will notify
private property owners of illegal flow and
corrective action to be taken.
B. SCHEDULE OF WORK
The District will perform the inspection and
cleaning work within the public right-of-way
during May, 1992. The report preparation will be
done concurrently but may not be finalized until
June, 1992. Special investigations of
unidentified and/or illegal flows may require
longer.
C. COMPENSATION
The Town will compensate the District on a time
and materials basis at the following hourly rates.
(The rates for labor are comprised of hourly wages
and employer -paid benefits. They do not include
district administrative overhead, such as
utilities, insurance, etc.)
Labor
Maintenance Superintendent
Maintenance Supervisor
Maintenance Leadworker
Clerical staff
Engineering Technician
Equipment
Vactor unit
Pickup truck
Dump truck
TV unit
Water truck
$52.26
40.95
36.70
28.02 - 46.60
26.98
$45.00
7.50
12.50
30.00
35.00
The District estimates the basic work of inspection,
cleaning, and reporting can be done in the pilot area
at a cost not to exceed $3,000.
Television inspection and special investigation of
flows or damaged facilities are not included in the
above estimate.
IN WITNESS WHEREOF, the parties have executed this agreement
this day of , 1992.
WEST VALLEY SANITATION DISTRICT
OF SANTA CLARA COUNTY, CALIFORNIA
By:
WILLIAM A. GISSLER
DISTRICT MANAGER/ENGINEER
TOWN OF LOS GATOS
By:
a:np-tlg
4/29/92
DAVID KNAPP
TOWN MANAGER
LOS GATOSNON-POINT SOURCE
PILOT AREA
EXHIBIT MAP 'A' MARCH 27, 1992
'EXHIBIT B
POLICY NUNBER
ICW GROUP
CSR 117 4752 01
COMMERCIAL GENERAL LIABILITY
"LicYnR16D To PREVIOUS COVERAGE COVERAGE IS BEING PROVIDED IN THE f AGENCY 1 P
12/31/91 - 12/31/92
NAME INSURED AND ADDRESS
CSR 117 4752 INSURANCE COMPANY OF THE WEST
2854
CALIFORNIA SANITATION RISK MANAGEMENT AUTHORIT
PRIMARY INSURANCE PROGRAM
(PLEASE SEE UND 0095A #2 AS RESPECTS MEMBERS)
P.O. BOX 7601
SAN FRANCISCO, CA 94120-7601
AGENT
S.J. PETRAKIS INSURANCE SERVICES, INC.
555 CALIFORNIA STREET
SUITE 1800
SAN FRANCISCO, CA 94104
COMMERCIAL GENERAL LIABILITY DECLARATIONS
: "X" IF SUPPLEMENTAL DECLARATIONS IS ATTACHED
LIMITS OF INSURANCE:
PREMISES -OPERATIONS (OTHER THAN PRODUCTS -
COMPLETED OPERATIONS)
PERSONAL & ADVERTISING INJURY LIMIT
FIRE DAMAGE LIMIT
MEDICAL EXPENSE LIMIT
GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS -
COMPLETED OPERATIONS)
PRODUCTS -COMPLETED OPERATIONS
$ 1,000,000. EACH OCCURRENCE
$ 1,000,000.
$ 50,000.
$ 5,000.
$ 1,000,000.
EACH OCCURRENCE
ANY ONE FIRE
ANY ONE PERSON
$ 2,000,000. AGGREGATE
EACH OCCURRENCE
$ 1,000,000. AGGREGATE
DEDUCTIBLE LIABILITY INSURANCE:
COVERAGE AMOUNT
BASIS OF DEDUCTIBLE
BODILY INJURY LIABILITY $
PROPERTY DAMAGE LIABILITY $
MEDICAL PAYMENTS $
BODILY INJURY LIABILITYAND $
PROPERTY DAMAGE LIABILITY AND
MEDICAL PAYMENTS COMBINED
* AS PER INDIVIDUAL MEMBER DECLARATION (UND 0474 12/90)
*
*
*
PER OIANif OCCURRENCE
PER (SXXX4 OCCURRENCE
PER Ca.1151 OCCURRENCE
PER CU= OCCURRENCE
FORMS APPLICABLE TO THIS COVERAGE:
CG 0001 (11/88), UND 0330 (11/91), CG 2147 (09/89), UND 0471 (04/91), CG 2150 (09/89),
UND 0192 (03/90), CG 2409 (11/85), CG 2100 (11/85)-3, CG 2134 (01/87)-1, UND 0352 (04/87),
UND 0360 (04/91)-2, UND 0361 (04/91)-5, UND 0095A #31 - #34
EXHIBIT C
UNDO317(3-88)
PAGE 1 OF 2
n.
ENDORSEMENT 429
IN JRANCE COMPANY OF THE WEST
POLICY NUMBER
POLICY PERIOD
CSR 117 4752 01 I FROM: 12/31/91
MEMBER:
EFFECTIVE DATE:
COMMERCIAL PROPERTY
S325.000.
$130,000.
TO:
12/31/92
EFFECTIVE: 12/31/91
I AGENCY NUMBER
SCHEDULE OF COVERAGE
2854
WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY
12/31/91
NOT APPLICABLE
COMMERCIAL INLAND MARINE
$123.000.
$ 25,000.
$163,937.
NOT APPLICABLE
$ 81,320.
COMMERCIAL GENERAL LIABILITY
Deductible:
Additional Forms:
COMMERCIAL CRIME
NOT APPLICABLE
COMMERCIAL AUTO
Deductible:
Additional Forms:
Uninsured Motorist (BI Only):
Underinsured Motorist (81 Only):
Medical Payments:
ACV Comprehensive
Deductible:
ACV Specified Perils
Deductible:
ACV Collision
Deductible:
UN00474 (12-90)
Blanket Building
Blanket Contents
Extra Expense
Deductible: $1,000.
Valuable Papers
Deductible: $ 1, 000 .
Accounts Receivable
Equipment Floater
Deductible: $1,000.
EIectronic Data Processing Equipment
Deductible:
Miscellaneous Property Floater
Deductible: $1,000.
$2,500. PROPERTY DAMAGE
Employee Dishonesty
. Deductible:
-0-
Accepted X $ 60.000.
Accepted X $ 60,000.
$5,000. (SCHEDULED)
$ 500. (SCHEDULED)
$1,000. (SCHEDULED)
$ 500. (SCHEDULED)
$1,000. (SCHEDULED)
Rejected
Rejected
RECEIVED
MAR 1 2 1992
yr VSD
1
'11° ICW
GROUP
COMMERCIAL PACKAGE POLICY
POLICY NUMBER FRom P jUC7r PER"
m PREVIOUS COVERAGE
COVERAGE IS BEING PROVIDED IN THE
AGENCY P
CSR 117 4752 01
12/31/91 - 12/31/92
CSR 117 4752
INSURANCE COMPANY OF THE WEST
2854
NAME INSURED AND ADDRESS
AGENT
CALIFORNIA SANITATION RISK MANAGEMENT
AUTHORITY / PRIMARY INSURANCE PROGRAM
(PLEASE SEE UND 0095A #2 AS RESPECTS MEMBERS)
P.O. BOX 7601
SAN FRANCISCO, CA 94120-7601
S.J. PETRAKIS INSURANCE SERVICES, INC.
555 CALIFORNIA STREET
SUITE 1800
SAN FRANCISCO, CA 94104
COMMON POLICY DECLARATIONS
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE
AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
POLICY
PERIOD: FROM
12 / 31 / 91
12:01 A.M. STANDARD TIME AT YOUR
TO 12 / 31 / 92 MAILING ADDRESS SHOWN ABOVE.
FORM OF INDIVIDUAL CORPORATION PARTNERSHIP
BUSINESS: X OTHER: PUBLIC ENTITY
JOINT VENTURE
BUSINESS DESCRIPTION:
SEWER/WATER DISTRICT
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A
PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
PROPERTY COVERAGE PART
INLAND MARINE COVERAGE PART
CRIME COVERAGE PART
GENERAL LIABILITY COVERAGE PART
AUTOMOBILE COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PREMIUM SHOWN $ 336,918.
IS PAYABLE AT INCEPTION
LAC
(UND 0316 06/86)
(UND 0321 06/86)
(UND 0317 03/88)
(CA 0002 12/90)
ESTIMATED ANNUAL PREMIUM
C.I.G.A.
TOTAL PAYABLE PREMIUM
MINIMUM EARNED PREMIUM
:PREMIUM:
INCLUDED
INCLUDED
EXCLUDED
INCLUDED
INCLUDED
EXCLUDED
336,918.
992.
337,910.
84,230.
UND0315(6-86)
PAGE 1 OF 2
May 4, 1992
Los Gatos, California
RETIREMENT FUNDS/ROSE ALDAG (08.02)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council authorize the Mayor to sign the
request for release of retirement funds and authorize the Clerk to forward the release to The
Mechanics Bank. Carried unanimously.
DEFERRED COMPENSATION/AUDIT (09.10)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council accept preliminary report
regarding audit of Deferred Compensation Plan assets. Carried unanimously.
BLOSSOM HILL ROAD #20/ANNEXATION/RESOLUTION 1992-69 (10.04)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-69
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS BLOSSOM HILL ROAD NO.
20 TO THE TOWN OF LOS GATOS. Carried unanimously.
DISABILITY RETIREMENT/STEVEN YEP/RESOLUTION 1992-70 (11.02)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-70
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DETERMINING THE DISABILITY
RETIREMENT OF STEVEN L. YEP, due to work related reasons for purposes of the Public
Employees' Retirement. Carried unanimously.
POLICE DEPARTMENT/COMMENDATION/STEVEN YEP/RESOLUTION 1992-71 (12.43)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-71
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING STEVEN L. YEP
FOR HIS DEDICATION TO PUBLIC SERVICE AS A POLICE OFFICER WITH THE TOWN
OF LOS GATOS. Carried unanimously.
SOLID WASTE COMMISSION/TASK FORCE/AB 939/RESOLUTION 1992-72 (13.07)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-72
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE SOLID
WASTE COMMISSION OF SANTA CLARA COUNTY AS THE SANTA CLARA COUNTY
LOCAL TASK FORCE, under AB 939. Carried unanimously.
STORM DRAIN SYSTEM/CLEANING/WEST VALLEY SANITATION
AGREEMENT/RESOLUTION (15.37)
Mr. Attaway requested that Mrs. Benjamin, Committee Member of the West Valley Sanitation
District, follow up on the Town's request to be additionally insured on the District's policy. Mrs.
Benjamin agreed to bring the question to the Board of the District next Wednesday when they
meet again, and requested Town Attorney contact District Attorney to be apprised of the Town's
request and concern. This action was moved by consensus.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council continue this item to the meeting
of May 18, 1992. Carried unanimously.
TC: D3: MM050492
2
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