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Home My WebLink About0368.093- ~: ..... ', , . , . ... :" -; June 24, 1993 THE HONCRABLE CI'7Y CUO'NeIL Palo Alto. California Members of the Council: Reoort __ in _,Br~ef 2 This report: rec'C'mME"wjs that CGL.;:r~cil Ci'Jthcrize the Ci ty Manager to eXeC:.lte the attached cooperat~ve agreeme~~ between the City of Palo Alto, City of Mountain View/ and Santa C::'a!"a CC'-• .l,~ty Transportation J..g.:!':cy for se] smic::ally ret.rofitting the San .t.ul.t.oni,:; Road O' ... erpass/Ranrp at AITri:'l; St:t'eet. Construct:i 0-:1 of the imprOV8TtiBnts .... il1 be admini stpred by Mountain View and furlded by t.he Stat_E': pf CalifoY'!"iia (Cal trans). IMmediately following tho:: 1989' l .. oT':",i3. Prieta earthq',l"a,ke, Pa2.o Alto' 6 engineering staff identified that the on-rarr_p to the southbot..l.nd S~n Antonio Roa.d oVE:rpass at. A.1 rna Stre""t would require s~is;r',ic repairs. As the ramp 19 outside the City of pa:o Alt,o's jurisdiction, the r.:atter was referr~d t.o Mountain Vie',,' s eIlgin€':ering staff for their action. Tempora~"y bracing was insta;"led as a safety measure. The Ci ty of Mountain View, in coordination ..... itb the Santa Cla.ra lransportatior. ,r..,ger,cy and Caltrans, prepared ar~ e:-Jgineer's report .... hich identified specific strclctura1 repairs not 0,:,,1y tc t'2€ cn-rar'!2, b'C:' t.~.e r:'cain ·,y,:e::-pass str:..lctu~e ar:.d c'Cher ramps ::'oca::ed :'n ?alo Jl_l~o. As the da::1age was caused by an ear-tr.quake, Caltrc.::ls .. ill pay fo::-the c:mtra'.::;t repair expendit".u:es under the SLate Seismic S3fe~y P.etrQfi t ?rng-raf:'1. In order to perform the o>tr::.,;c~llral repain:;:, a c~J.::-::'eY3.':iv2 agr-eemcnt is necessary het'Weet"~ Pa.lo Alt.-o , Mc,'yx·~':.-aiL Vi~w and t.t-.e Santa Clara Transportation Jl.gency _ The fcllowin-g is a brief d'.;;scr-ipti2:Cl 0:: each jU!:'isdiction's =-esponsibil i t ies ·.,;.:'d.e~ t.r-.e a::t3.chcd ag:::-~enen~: • Palo Alto will rev:e'l.' the plar_s, sp-scificat:ions ar-,d est:rnat.e for the improvements, and be respcnsible for maintai::',i:--~g t!H'::. portion of t~e overpass and on-ra.mps wit-hin its jurisdict.ion. This dces r .. c;: increase the Existing maint.enar:c:e responsibilities fcr the City 0: Palo A.lto. CMR: ~,68: 93 -1- L \ 1 1 .--1 - • The S'Olr.:ta engii'leeri"g r"'pcrt S 3:nd C::'a~a CO~lnty Tra:'~='pc'r':: at :..:::-. +!"~-=r:::y s~aff to ad~inis:~L th~ cGn~tr~c~ion, submit bilJir:gs to ~cun~ain View. • Y.ountaiI". vie ... · will adm':'nj ster al::' c,f re irr:burSCr.'"lerc.t iror" provide all p:e:irri::3ry ~ng~neeri~3 s~rv~ces, the cr.::':::ract,:-r's progress pa.l/rr,.;;~::,:s fc'r direct Caltra~s, p~ovide ?a18 Alto wit~ recotd drawi~gs and mair::.ain t:-.at f:crtio:1 or: the c,"'2rpass ar.d !'a":lps .",,1:':-.i:1 i:s jurisdi:-::ticn. ';:'he ,:i ty Attorr:ey' s off ieo: has n:~v:'e·/\i'ed <::-.::l app:-oved t::e ·3.9TeeT<;::::"H:. K::r;'; is expected to beg:\.:1 ir. Octeter 19:3 a.-:d ',.,'ill be c'.::rp:E'::~d :cy '.;i:-.:.:'r 1993. Some of the seismic retrofi': work · ... 'ill ~ake p:,'i:::e c':-~ tr.e SO',jtherr'"~ Fac:'fic right of way within both ."'!OI.lr"~'::rtir, '.iie· ... · a,~d Palo Alt·;) ·::ity lir.-:its. As a l'Asult, it will be necessary ~o obtain ]:'errr.it ar-t::-ova1s f=c:r. tho::: J·::ir.:: Pc-wers Bartra.. S':aff will re~ur:-. in la:':~ Ju~y ""i'.:.1-~ a r-eq:ues:~ for C::l1.;.ncil to approve a License Agreement ':perlT'itJ bet'Wee!". the ,ities of M01.1ntaiCl View, Palo Alto and the Joir.t PuwerS' Board. Undf!r the agreement, the City 0: Mount-ain v':'ew is respo:1s ible for obtaining the environmental cl-sarance fOT the p:rcj~ct ir. accorda:1c.f.,'! with State law. ReCD11'Jnenda t-i on Staff recommends that the council app:-ove. a:.;.d a~c:-_orize the City fJ!'3.:,.ager te> execute, the 3~tached c00perativ€ ag!"eerr,er:t be-c.' .• ,'ee:1 the City of Palo Alt,::J, Ci'Cy of M::,,'u>1tain View arlO Sar.ta Clara CO·.l:"1i:j/ Tr-anspe·:-tati::,n A':l'ency fcY" seisrrica.lly retrc:ittirc.g the Sa:-l .ll.r~:'oni'J 1<.::.3.:1 O"re::-p3ss.'.'RaTTl~s at .~_l;:-a S::'r~e':_ Resp(~ctfully submitted, tb~ Asst. Director of PL:l:::l ic Wu!-ks Attachment, Agreement c / ,?;L.Z:7'~ /~ GL;:r.:\ s. RC,3ERTS Dir":'!ctc!." of Pub:'::'c W~"Jrks cc: Robert Kagiyama, City c~ Mouncain View lP':R:3£3:93 -1- ': '. .--1 - ------------------------- " . ,.-.-.. 1 _.-'_, .,.,..,_ ...... _"", .. , _It __ ~ ~ .. <,' "_ •• ' ,,,,"._,, __ _ COOPER.\ nVE AGREEMEl'.l BfTV{EEN TliE ern-OF MOUNTAIN VIEW, crn-OF PAlO ALTO AND THE COUNTY OF SANTA GARA CONCERNING niE SAN ANTONIO ROAD OVERPASS AND RAMPS SEISMIC RETROFIT WORK nns AGREE.MEJ'':!r entered Into on ______ _ _______ ~ is behveen t..;e CITY OF MOUNT~<\JN vrEV;, a body politic and. a murucipal corporation of the State of California, referred to herem as "!vfOL~"'T.A ........ T"'\.I v1EVv/ the CITY OF PALO ALTO, a body polino and a municipal corporation of thE State of California, herein as ";-'ALO ALTO," and the COUNTY OF SANTA CTAl'A, a political subdivision of the State of California, refer:ed herein as "COu"}\.~TY." RECITALS (I) MOUNTAIN VIEW and PAW ALTO wnt?rnplate jofn~y constructing seismic retrofit improvements, consisting of traffic control. "utility relCK'at1ons a..i.d structural modifications to the San .. I\...'ltoruo Road cr.;erC!ossing and ramps a~ Central E"Pressway, referred to herein as "PROJECT." The COl:l'iTY will provide construction senices as described in RECITALS (5) and (6). (2) Ali eligible PROJECT cons!>uction ccsts and rEasonable expenditures for construction engineering services qualify for one hundred percent (100%) reimbursement to the exte.nt permissible by the mandate of the Seismic Safety Retrofit Program and as administered by the State of California, Department of Transportation, referred to herein as "STATE," (3) MOlJ1\7AJ]\J' VIE..W vyili adrniniMer and assemble the contracf bid documents for PROJECT by ir.corporating the structu:<1J plans a.11d spec.i£(a~ons pr~pared by the STATE's s.tructural engi::teE"ring consu.!.ta.."lt L'1.to t..~e fu.-ca.l. Plans, Specifications ar.d Estimates (PS&E) for PROJEc...J~ indud.i."'1g traffic controt a"ld utility relocations. (4) MOUNTAlN VIEW will obtain right-Of-way and environmental clearance, advertise PROJECT for bids and" if bids are acceptable" award a CQ:1.struc tion con!>act for PROJECT_ {S) COl.-NTY is ",rilling to provide the following services: u:mstructJon engineering services ex~pt for resources whiG" ~10U~1"~ \-lEVV-agrees to provide. (6) The term "SERVICES" shall refer to COVKTl:"s constrll.ction engineerLng service5~ including field survey and laboratory work. It shaJl also mean all se:rV1ces and resources provided by COLTNTY which are-necessa!)' ~o complete PROJECT~ including but not hmited to contract administration and _site i!lspection, -1- ---------------""" (7) COliND', MOUl'."TAlN ,lEW and PALO ALTO do ",'otcally desire to cooperate in th:::! construction of PROJECT and deslIe to specify herei!\ me !enns and conditions under wl-'Jch PROJECT is to be cDnst"u(ted, finano..>d and maintained. SEcnO~! (1) To provide or .cause to be provided all services, 1abor, materials; toots and equipment necessary to perform SERVICES for PROJECT, as defined in Articies (S) and (6) of REOTALS. (2) To pro,ide a Registered Civil E.'\gineer who is or can be approved by the STATE to act as the Resident Engineer for bridge strucf"'ure work for the construction e"gineering phase of PROJECT. (3) To administer construction engineering of PROJECT in accordance with plans and specifications prepared by STATE and MOU"NTAlN VIEW, and approved by the STATE, PALO ALTO and MOUl'.'TAlN VIEW. COT)l'.-rY .gre<>s to comply with all Fed~al and State guidelines, including Affirmative Action ('ompiiance, wage rate determination and maintaining all aetour.tng records. (4) To prepare and submit monthly billing statero_ents in accordance ·with the STATE's format for construction progress billing under the STATE's Local Agency Automated Payment System (LAAPS) Program, whic.'l provides progy-ess payments, exclusive of retentio." directly to the contractor. (5) To consult with MOVNTJill.J \lIE\,"l on al.1 change orders before implementation, except when necessary for the safety of mctorjst~ and/or pedestrians or for the protection of property. Upon subrn.ission by the COU~TYJ :MOill\l"TA ...... T"l\] \lIE\tV~ by and through its Pubric 'Narks DireL"tor or designee, sha.!..l approve/c1arif:.,r all chaT1.ge orders followi.."1g STATE's approval a5 to partidpation. (6) To submit to MOUNTAlN 'lEW each month a construction progress report which describes the work perfermed a..."ld complt'te-d during the reporting period and gives perHnent contrad data stach as change orders issued, cumulative (osts of change orders, progress payments b!11ed, progress payments made (reported both in doHars and as a percentage of total cont:act5 price), and percentage progress achieved to date (calculated by dividing time elapsed by total time allowed in construcnon schedule start to completion.} (7) To m.ake an effort to administer the construction enginE:erLng SERVICES at a cost not to exceed fifteen percer.t (15%) of the COSt of the construction cDntract. (8) To btli for actual costs of SERVICES on a monthly or as-needed and invoiced basis and submit the bEling tel:'.10lT)JTAW VIE\A/' ~~t the completion of -2- L , •• ~' ... ·,c~· ". cJ ... J I j j 1 I i I j '" I '" .-t I - all work a..,d upon fmal accounting of costs, L:'e COl.Jl· ... ryr shaH forwa:d comp~ete billing detail to MOu~JAIN VIEW . (9i COUNTY shall be reimbursed for all MOL'l'.'TAN VIEV, and STATE approved SERV"!CES. L"'l the case w.here the f..Jte-en percent (15%) estimate of SERVICES will be exceeded, the COUNTY will notiJy MOlT:ITAIN Vli.\, and STATE a.t 1east one month in advance. COut-.'TY shall also request approval of additional funding in o:-der to pro\"ide contim..:ed SERVICES tluoughout the remainder of the PROJECT. (10) Upon completion 01 the PROJFCT, COU.'-'lY will provide red·lined blueprints to MOUNTAIN VIEW. MOUNTAIN VIEW~ru:;ES; (1) To provide the necessary preliminary engir.eeri.'1g, including obtaining environmental clearance~ right-of-way certification. and permits; to asserr.bJe the PS&E, advertise for bids, award contract for PROJECT, and approve all change orders by and through its Public Works DiIedor or designee. Re3pcnsiliilit)' for the aforementioned work and the costs thereof is not PaIt of this Agreement but is the subject of a separate agreement between the STATE and MOU]\rTAIN VII.W. Said PS&E shall be subject to review and approval by STATE before advertising. (2) To administer payment for cost of SERVICES, as deEned L'1 Articl .. (5) and (6) of RECITALS, which is estimated to be fifteen percent 05%) of the construction contract. Actual cost of SERVICES shall be determined after completion of all work and upon final accounting of costs. (3) To pay COUN,Y for SERVICES in mont,1Uy paymer.ts and at the completion of the project and after t..'"te CO~TY's invoke is a.pproved by the STATE for re1mbursement. MOU1'IT~ VIE\Al shall forward aD. reasonable claims to the STATE for reimbursement for SERVlCES provided by COm-'TY. After receipt of the reimbursement for SERVICES, MOUNTAIN VIEW ,,~ll fo.ward, ~.~thin thirty (30) days, payment to the COUNTY for actual SERVICES. (4) To provide COVNTY and PALO ALTO reprodudble ,,·builts on 3 mil mylar sheets upon request. (5) To maintain its p-ortlon of the st":'l.lcture alter completion of the PROJECT. -3- L - ,"-,.-... , 'r--.' .. 1 :2.fCDO:-l !II (1) To review and •. pprove th~ PS&E, induding traffic control a.~d utility relocations, lor PROJECT prior to MOUNTA,-'" VIEW adverti'ing PROJECT for bids. (2) To delegate to MOUl'.'TAiN VIEW the adnJnistration of PROJECT, including acquisition of street and encroachment permits, and COLTj'\TY is fo provide construction engineering SERVICES fm PROjEC, which is partially in PALO ALTO's jurisdiction. (3) To maintain its portion of the structtlIe after completio" of the PROJECT. SEcno~IY IT IS MtrnlALLYAGREED AS FOLLOWS; (1) The execution of thi; Agrc",IDent by PALO ALTO grants to MOUNiAiN VIEW the right to enter upon PALO ALTO-owned lands te, construct PROJECT referred to herein C01Jl'<.'TY shall graJ"! to MOUN'TAL'\; vlEW fr,e right te> enter upon COtJNTY right-of-way, after satisfacto:-y review of final plans atl.d completion of the COUl'.'TY permit process. (2) In the construction of said PROJECT, COUNTY will furnish. representa tive to perform the usual functions of a Resident Engineer, and MOUNTAN VIEW and PALO ALTO may, at no cost to COUNTY, each furnish. designated representative, if they 50 desire. Said representatives and R25ident Engineer ....... ;n cooperate and cC'nsult with eacl1 other. (3) The cost of resources prcndded by COt..J]\.7Y for SERVICES shall induce all direct and bdirect costs (functional and administrative overhea.d assessrr1<:nt) attributable to such work applied in accordance y.,riL.~ STATE's standard accounting procedures. The total cost shall be determlned after comptetion of all work and upon final accounting of costs and as set forth i."l Exhibits "A" and "B" hereby referred to and made part hereof by reference. (4) In event that suit shan be brought by any party to this Agreement, the parties a.gree that triaJ. of such action shall be hetd in a State Court in the Cou.nty of Santa Oara, or in a Uni~ed States District Court for the ~orthem District of California. (5) Neither COt...J':'JTY nor any officer or employee thereof sr.all be respo!L<;ible for any damage or liability occ .... llTing by reason of anything done or omitted to be done respecrively by MOUNTAIN v1EW or PALO ALTO under or in connection with any work, authority or jurisdiction delegated to MOu1'<:TAIN VIE'", or PALO L , ,.... 1,. , o-_~ .. -.. - ~c" ALTO undu ti"ljs Agreement. It is also understood and agreed that ~101..t~T.A..L"": VIEW and PAtO ALTO shill hlly indemnify aJ'.d hold COUNTY harmless from any liability imposed for inj-.u")' OCc.urring by r~ason of c'u'ythEng done or omitted to be done by MOtiNTAIN VIE'N and lor PALO ALTO under or In con.'1ection with any work, authority or jurisdiction delegated to MOL'}"AlN YrEW or PALO A:'TO tl.'1der L'US Agreement. (6} Neither MOUNTAIN VIE\V nor any officer or emploYL,,€ thereof shall be responsible for any dalI".age or liability occllrring by reason of anything done or omitted to be done respectively by COU~TY or PALO Ai.TO under or in connection with any work, authority or jurisdiction delegated to COUNTY or PALO ALTO under this Agreement it is also understood ad agr .. d that COUl'-'TY and PALO ALTO shall fully indemnify and hold MOUNTAIN VlFN harmless ITom any liability impcsed for injury occurring by reason of anything done or omitted to be done by COUNTY andior PAlO ALTO under or in connection with any work, authority or jurisdiction delegated to COUNfY or PAtO ALTO under L'Us Agreement. (7) Neither PAW ALTO nor any officer or employee thereof shail be responsible for ar.y damage or liability occuning by reason of anything done or ornitte:\ to be done respectively by MOUNTAIN VIEW or COU},Ti U1\der or in connection with any work, authority or jurisdiction delegated to MOUNTAIN VIEW or COUNlY under ntis Agreement. It is also understood and agreed that MOUNTAIN VIEW and COUNfY shall fully indemnify and hold PALO ALTO harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by MOUNTAIN VIEW ard/or COUNTY under or in contec tion with any work~ authority or jurisdiction delegated fo MOtJNTAll'J" V1EW or COUNTY under this Agree!l\ent. (8) Tnis Agre-eme:nt shall terrninate upo..,n completion al1d accep!ance of the: PROJECT construction contract by MOLi'N!'AIN V1E.\,\,', and upon payT:l.€,Dt of final billings t.~at MOONTAIN VIBV and PALO ALTO are responsn,je for under this Agreement. However, the o\'w'l1ersrup, maintenance and operation clauses of this Agre€'ment shall remain in effect until te..-minated or modified in -writing by mutua! agreerr.".,t. Should any claim arising (Jut of the contract to construe! PROJECT be asserted against MOUNTAIN VIEW by construction contract, COUNTY and PALO ALTO will make reasonable efforts to mu tuaD. y act upon 1egirima te daim(s) and agr~ to extend L'l.e termination date cf this Agreement and provide additional funding as required, subject to COUNTY, and PALO AL To-s governing bodr budgeting sufficient funds to cover COUNTY·s and PALO ALTO's s'oare of costs respectively, or to exerute a subsequen~ agreement to cover those eventua.lities. -5- L i , ~., . , ,. I .-.J ~.1, I I i I -. (9) The parties hereto recogn.i2:e and agree that separate counterpart sigr.at'Jre pages m.l.}' be used but that all such pages shaJl constitute one and the same Agreement. APPROVED AS TO CONTENT: Deputy Public Works Director F1NANCL4.L APPROVAL: Finance DiIector APPROVE ASTOF~ Oty '~,!OUNTAIN VIEW": CITY OF MOUNTAIN VIEW, a municipal corporation of th.e Sta te of California ----.--------Oiy Manager ATTEST: City Clerk -.~- "' _~:·,<f:f:~ , ..... ,' ....... --- ~: ~<,~':':>:~ c~lit-._. - APPROVED AS TO CONLL'.;T Public Works Director FlNAI'KIAL APPROVAL, Finance Director APPROVED AS TO FORM, ArrEST: Clerk, Board of Supervisoro APPROVED AS TO FORM AND LEGALITY: Deputy County Counsel RK/PWK/909-12-4-92A/E "PALO ALTO", CITY OF PALO ALTO, a mu..°1.kipal corporation of the State of California By. Oty Manager ATTEST: :::c--=~-----.-.----City Clerk "COUNTY": COl)l\"TY OF 5A~1 A CL'V<A, a poll tical subdivision of the State of California By: __ ::--:--;-_ .. __ ._. Chairperson, Board of Supervisors -7- ~--------------.----- AR'.rICLE ~ 1. 1 • 3. 4- >'-' - ~O~ PALO ALTO ~C CE IVlEO COUNT:." or SANTA CLARA CONSTRUCTION SUP?ORT SERVICES ~ ~~_!l} B .!.'!' • ~ • ~~~_~~ SF,RVICES TABLE OF CONTENTS INTRODUCTION SCOPE OF THE AGREEMEN'T JOB CONDITIONS POSITION DESCRIPTIONS AND QUALIFICATIONS PAGE 2 , 3 5 -- - COUNTY OF SAN"-A CLARA CvNSTRUCl'!ON SUPPORT SKFl.VICES EX8IBIT -A---------- SCOPE OF SERVICES 1. INTRODUCTION The COUNTY OF SANTA CLARA has entered into agreement with the City of Mountain View for the implementation of the CITY'S program of various activities for construction inspection support sarvices of the CITY'S construction program. The CITY is responsible for the sele~tion of contractors and the administr~tion of the construction contract5. The COUN1" has the responsibility to provide qualified field inspection personnel acceptable to the CITY fcr Construction Support Services to assist th? CITY in the administration of the construction contracts. 2. SCOPE OF TBE_AGREE~ENT Subject to the provisions of this Agreement, upon CITY request, COUNTY shall provide and coordinate p~ovision cf qualified field engineering personnel to perform constr~cticn engineerin9 and construction contract administration on the San Antonio Road overpass and ramp seismic retrofit p~oject in accordance with the following: 2.1 Positions to be filled ~ay include one or more of the following as determined by the City: 2.1.1 2.1. 2 2.1. 3 2.1. 4 2.1. 5 2.1. 6 2.1. ? 2.1. 8 2.1. 9 2.2.0 2.2.1 2.2.2 construction Manager Deputy Construction Manager principal Constructicn Inspector Supervising Construction Inspector senior Construction Insoector COustructicn Inspector· Materials Testing Supervisor Materials Testing Technician II Engineering _,ide Reqistered senior Civil Engineer to act as Resident Engineer Associate Civil Engineer Survey Classes page -2- - .... "p, , ",j, : " .' i;-. . ~-,' - ", .... '.-_. 2.2 If so requested by t~e CIT~, COUNTY s~all provide all n~cessary instruments r toois and safety equipment required for field engineering pe"sonnel tc pecfo[m th~ v~rk accurately, efficiently and safely, a! dete~mined by the CITY. 2.3 COUNTY shall provide, for the COUNTY field personnel specifically deSignated by the CITY a fully-operable, maintained and fueled vehicl~ which is suitable foe the location and nature of work to be performed. 3~ JOB COND!TIONS COUNTY'S Services and the Sen-ices of its field personnel assigned to pOSitions under this Agreement shall be p~rformed in accordance with the f~llowinq: 3.1 Duration of Assianment Personnel shall be assigned to a project on a full-time basis. The assignment may be for a peeiod beginning as soon as two (~) weeks prior to the start of construction and ending as late as si~ (5) wee~s aft~r acceptance by the CITY of the construction project. The estimated duration of each assignment shall be advised by the CITY ~t the time the a~signment is made. :;. ,'2 No (mal WO rkdaylove rtim.e Regular hours of work may be wholly or partially during night-time hours. The workday shall include all hours during which the CITY'S construction cont~actcr is working. The construction contractor's operations may be restricted to specific hours of the day, in which case these hours shall ze the normal workday for COUNTY field personn~l. Only hours in excess of the normal work.day (eight (8) hC1...irs) or wcrkweek (forty (40) hours) will be considered cverti:me-~ and overtime work shall be authorized in advance by the CITY'S Representative. county personnel will be compensated at one and one half times for all overtime ~o[k. 3.3 Holidays 3.3.1 COUNTY field pe~50nnel shall not provide, ~nd COUNTY shall not cliao:ge for, Services to the CITY under this Agreement en the hcldiays specifi~d below, or on other designated legal holidays, unless otherwise requested in writing by th~ CITY~S Representative. The specified holidays are as follows: page -3- -, .r -- Ne' .... 'iear' s Day Martin Luther Ring Jr. D~y Pr .... sident·s Day !¥l:emorl al Day Independenc~ Day Labor Day Columbus Day Vete rar~' s Oa:r~ Thanksgiving Cay' the Day After Christ;nas Day 3.3.2 If Services ace performed by county field pe~sonnel on the specifiec holidays at the request of the CITY, such personnel shall b~ compensated at double time and one half. The straight time poction of such compensation shall be includ~d in the Multiplier provided for in Exhibit ~B", paragraph 1.1.2.2. Only the premium portion of such compensation shall be charggd by COUNTY. and such charge shall not be subject tc the Multiplier. 3.3.3 zf Services are not performed by COUN~Y field peLsonnel on the specified holidays, personnel shall be compensated for the holiday at straight time rates. Such compensation shall be included in the Multiplier provided for in Exhibit Band shall not be charged by the COUN~Y. 3~3.4 For other designated legal holidays nct specified above, the following ~hal1 apply: 3.3.4.1 If Services are performed by COUNTY field personnel on such holidays at the request of the CITY, such personnel shall be compen5ated at do~ble time and one half rates. The full compensation shall be charg~d by COUNTY, but only the straight time portion shall be subject to the Multiplier provided for in Exhibit -B-. No a~ount shall be allowed for such compensation in the Multiplier i tsel L 3.3.4.2 If Services are not performed by COUNTY field personnel on such holidays. such personnel shall be compensated for the holiday at straight time rates. COUNTY shall charge for this ccmpensation, and such charge shall be subject to the Multiplier. No a~ount shall be allowed for such compensation in the Multiplier itself. Page -4- 3.4 Personnel Performa~~ The CITY will monitor the q~ality 2nd qua~tity of ~crk performed by COUNTY field personnel. If at any time the level of perfcrmance of a COUNTY field e~ployee i~ below that normally provided by professicnals in the industry for similar services, the CI~Y may reqUEst that the CODNTY employee be recalled; if S~ directed by the CITY, COUNTY shall comply with such request. Upon request by the CITY, COUNTY shall, within a reasonable ti~e, provide a replacement with simil~r qualifications subject to acceptance by th~ CITY. 3.5 vacation and Si..s:! _____ Leave COUNTY shall give the CITY a. minimum of t .... ·c ... ·eeks advance notice before COUNT~ field person~el are to be ~bsent dup. to scheduled vacations~ If so requested by the CITY, duri~g such vacations and during other periods when a COUNTY field employee is absent for more than five consecutive days, COUNTY shall provide a replace~ent until the 3ssigned individaal returns to work. The replacement shall have similar qualifications to Lhe permanently-assigned individual being replac~d and shall be subject to acceptance by the CITY. 4. POSITION DESCRIPTrO~_~D QU~ATIONS County field personnel shall perform Services and provide assistance to the CITY Representatives in accordance with criteria and guidelines an~ subject to the following general :requirements: All repotts, calculations, rneasureme~:s, test data and other documentation shall be ptepared on forms specified and provided by the CITY. Daily reports, extra ~ork diaries~ materills testing reports, and other reports shall be submitted as required to the CITY Representati~e. Position descriptions and qualifications ar~ as follows: 4~1 Construction Manager 4.1.1 Typical duties include the following: Overall responsibility of all construction activities of the County of Santa Clara, Transportation Agency. prinCiples 3na practices of organization~ administration and fiscal manage~l~nt. page -5- - Principles and pr3c~ies of co~tr~ct administration Principl~5 ar.a methods of construction inspection and materials testi~g. Safety practices in the construction industry. 4.1.2 Typical experience and qualificaticns: sufficient college level education in construction technology, industrial technology, engineering, business administration, public administration or a related field. 4.2 Deput'y~9T. __ ~truction Manager 4.2.1 Typical duties include th~ follo~ing: Supervises a major program area of construction p~ojects and a large group of construction inspectors. Performs difficult and complex work i~ the contract administration and maintenance of roads, airports, bridges, major buildings and related major ~ublic works or transit coOns truction. 4.2.2 Typical experience and qualifications: Eight years of increasingly responsible technical engineering construction inspection work. 4.3 P r i nCipal Constr:uctiol} ___ ~s"p~.£!.~ 4.3.1 Typical duties include the following: Performs ~ifficult and complex work in contract administration and technical inspection of the constructio~ and contracted maintenanc~ work on roads, parks, airports, bridges, related ~ajor public works, transit construction and land development p~cject5. Provide lead supecvision t~ a number of construction inspectors and aide subordinates. -I ,~,. "1'C-· -. _._ . ....-. _ .. _ ... _-. '~-.::';~' page -6- ~. ~-".'i-,'.,,~~ - 4.3.2 Typical exp~rie~ce and qualifications: Six years cf increasin91y responsible technical engineerins/constrl~ction inspection work. 4.4 SUE __ ~.! __ ' ... J_sing Constr'.Jction Ins-oectOI" 4.4.1 Typical duties include the followi~g: May perfarm personally or supervise those that: assure conformance to codes; regulations and statutes; arrange and conduct preconstruction ru~etin95; schedule preparation and analysis; program reports; claims analysis: change estimates. Perform difficult and ccmplex work in contract admini~t[ation, safety code/regulation interpretaticn and analysis. 4.4.2 Typical experience and qualifications~ Sp.ven years of inc~ea5ingly responsible technical engineering/construction inspection work. 4.5 Senior Civil Engineer Ll?r i~e De s 19n) 4.5.1 Typical duties include the following: Assigns and supervises bridge design and bridge construction/engineering personnel. Coordinat~s plannjng. design and ccn~truction activities for bridge prDjects for the Bridge Design Unit. Provides oversight and general supervision fer design and construction activities performed by Associate and Assi~tar.t Engineers on assign~d projects. Reviews technical design, plans, specificatiDns a~d estimates for bridge projects. Provides tech~ical support for difficult engineering assignments. 4.5.2 Typical experience and qualifications: Five years minimum cf increaSingly responsible and technical engi~ee ing design ~nd construction enginee~ n9 experie~ce on bridge ~rQjEcts. Demonst~at d supervisory ability Page -7- .':-: ... - f = engin~ering p~ojects anj training or e ?erienc~ equivalent to graduation from college or university with a major lD Civil Engineering. California registratiQn as ~ professional Civil Engineer is required. 4.6 Asscci~_~~LE:'l3i!'le __ e r (B r ldqe Do:!:s_~s._!?l 4.6.1 Typical duties include the following under gener?l supervision. the Associate Civil Engineer provides lead supervision and engineering design on specific bridge projects assigned. Lead engineer on briage projects with ~ssig~ed engineers under supervision with full responsibility for design; project administration, coordination and construction engineering duties. 4.6.2 Typical experience and qualifications: ~raining and experience equivalent to graduation from college or university with major work in Civil Engineerin; o( a related field and four years of experience in public wo~ks and/or bridge p~ojects. Registration as a Civil Engineer in the State of California. 4.7 Seeior Cons __ truction Ins.£..ector 4.7.1 Typical duties include the following: Coordinate and supervise Fjeld Enginee~~, Assistant Field Engineers and Ter.hnicians. Perfotm or cause to be performed: Quantity calculations; materials sampling, required inspections. r~PQrts and other items necessary to ensure compliance ~ith tbe project plans and specifications. Identify problems and potential problems associated with tt~ cQnst~uction project. Recommend sound engineerin9 solutions. Maintain awareness of safety and health req1lirements. Enforce applicable regulations and contract previsions for the protection of public and p£oject personnel. Prepare calculatins~ records. reports and correspondence related to ~roject activities. Page -8- - 4.7.~ Typical experience and qualificaticn5: Five years of Publi~ Wor~s construction, including two years of inspection p~rsonnel supervision. .,.~. Familiar with all disciplines (stru~tural, earthwcrk, p~~eIDentJ electrical and utilities) of highway work. 4..8 Construction :::n2.£.:=s_~g.r -Discipline (Structural, Civil, -Electr~carr------ 4.8.1 Typical duties include the following: Perform or assist in performing: Quantity calculaticns, materials sampling, required inspections a~d reports to ensure compliance with project plans ane speCifications. ld~ntify problems and potential problems asscciated with the construction project. Reco~end sound engineeri~q solutions. Prepare calculations, records r reports and correspondence related to prcject activities. Assist in the preparation of final as-built plans at the completion of constructi~n. 4.8.2 Typical e~perience and qualifications: Thre~ years of public works construction r including twa years in the discipline requested. ~rsvious supervision of inspection personnel preferred. However, additional experience in r~quested discipline may be substituted for supervision experisnc~. 4.9 Materials !.~'ting Buperviso.E 4.9.1 Typical duties include the follo~ing: Coordinate and s~pervise the activities of the Materials Testing Laboratory. Responsible for the perfornance of the most complex materials testing duties and assignments, either indepently or through subordinates. page -9- ---~--~---.: - Organize a~d review the work of a staff of 7echni~ia~s and £ngl~eeIing Aides 4.9.2 Typical experie~ce and qualifications: Training and experience equivalent to compl~tion of high school and six (6) years of technical experi~nce in ciYil engineering which in~luded at least two (2) years of materials and sOlIs testing experience at the level of Materials Testing Technician II with Santa Clara County, or the equivalent. 4.10 Materials Testing Technician Il 4.10.1 Typical duties 1nclude the following: Perform routine and ~epetitive sampling and testing of construction materials in accordance with California Test Methods a5 specified in the Cal trans EMan~al of Test~. Inspect batch plant materials and procedures to ascertain compliance vith project specifications. Assist with maintenance ~nd repair of laboratory eqUipment. 4.10.2 Typical experience and qua1ifi~ations: Two years ~elated ~xpe~ience. 4.11 En3ineerinq Aid._~ 4.11.1 Typical duti~s include the follo~ing: • • Coordinate ~ith Resident Engineer cff~ce staff. Review contractor's Pay Estimate, in~luding assisting in formatting computer input. Assist with Contra~t Change Order docl,.;mentation. Assist with ~alculations~ records, reports a~d correspondence related to project activities. Assist in th~ preparation of final as-built plans at the completion of construction~ P~ge -10- - 4.11.2 Typical experience an~ qualificati0ns: TWO years const~uction or constr~ctio~ management. Hishway experience preferred. computer experience preferred. 4.12 Field Survey S~_er_·dso...£ 4.12.1 Typical duties include the following: supervises all the fiels ~u(vey servic2s. Performs difficult and complex work when necessary for the resclution of prDbl~ms. 4.13 Party Chief 4.13.1 Typical duties include the following: Provides lead supervision to the field survey cre'W. Perfor~~ difficult and complex work related to the technical aspects of surveying. 4.14 Sucve~~~ 4.14~1 Typical duties include the fallOWing: Acts as the Instrume~t Person on the survey ccew. In the absence of the pa~ty chief, this position acts as th~ patty ~hief. 4.15 Survey Tech I 4.15.1 Typical duties include the following: Acts as th~ Rodman/Chainman on the survey crew~ In the absence of the Instruction Person (Survey Tech II). 4.15 Engineering Tech ~ ___ ~ ___ !_ 4~15.1 Typical duties include the following: Performs diffi~ult and compl€x work related to any calculations necessary. Provides an interface bet~een the field Personnel and the Design Staff including any CAD work~ Page -11- ----------.----.-.. ~ . ,- . .;." 4.17 Land Surveyor 4.17.1 Typical duties i~clud~ the fallowing: Performs difficult and complex work related tD ~ny endeav~r in the field of 5urveying. Fil~5 f.or rec~rds, any maps which would ~e required by State Law. Page -12- · -,~- t. ARTICLE NO. 1. 2. 3. 4. COUNTY OF SANTA CLARA CONSTNUCTION SGPPORT SERVICES EXHIBIT -B" --~ --- COKPENS~.'! __ !ON!..-JNVQ.ICING AND PAYMENT TABLE OF CONTENTS ELEMENTS OF COMPENSA7ION 2 1.1 Direct Labor Costs 2 1.2 Additional Direct Costs 3 DIREC7 SALARY RATES 4 INVOICING s PAYKENT 6 1 " l i ,.1 I . f , i ··:~i!~~q ,'. ".:~~~.:-}~~".;~-:~: .. j~t± __ _ "', COUNTY 0 F SAN T A CLARA CONS'!'RUCTION SUPPORT SERVICES EXHIBIT -S- COMPENSATION, INVOICING AND PAYMENT For the satisfactory performance and completion of the Services under this Agre~ment, CITY will pay the COUNTY compensation as set forth ~erein. CI~Y agrees to pay ccmpensation monthly and shall not withhold compensation for any reason. The COUNTY and CITY ~qree to resolve disputes promptly and debtor credit disputed amount against subsequent biJ.lings. 1. ELEMENTS OF COMPENSATION Cowpensation for the Services will be comprised of the following elements: 1.1 -DIRECT LABOR COSTS, 1.2 -FEE, and 1.3 - ADDITIONAL DIRECT COSTS. 1~1 DIRECT LABOR COSTS Direct Laber Costs shall be paid in ~n amount equal to the product of the Direct Salary Costs and the MultipliEr which are defined as follow~! 1.1.1 Direct Salary <:" __ osts Direct Salary Costs are the base salaries and wages actually pa!d to COUNTY'S field personnel directly engaged in performance of th~ Services under the Agreement. (The range of hourly rates paid to COUNTY's perso~nel appears in Section 2 below. ) 1.1.2 MultipJier The Multiplier to be applied to the Direct Salaty Costs varies from year to ye r. The 1993 multiplier to determine Dire t Labor Costs is 2.50 and is the sum af the follow n~ components: 1.1.2.1 Direct Salary Costs 1. DQ page -2- -i j , , - 1.1.2.2 Payroll Additives (Fringe Benefits) .57 The decimal ~atio of Direct Salary payroll Additives to Direct Salary Costs. Pa7roll Additives include all payments made to or on behalf of direct salary employees f0. employee benefits, allowan~es for vacation, sick l~ave~ specified holidays, company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurances ... ·hich are measured by payroll costs, and other c~ntribution and be~e!its imposed by applicdble laws and regulations. 1.1.2.3 Ov~[head Costs 1. 21 The decimal ratio of allo~able indi~ect costs to COUNTY's total direct salary costs, as determined by the Trensporta tion Agency indirect cost plan. This ratio is subject to change from yea~ to year. COUNTY will consult with CITY prior to implementing such changes. Total ~ultipli~r Sum of 1.1.2.1, 1.1.2.2 & 1.1 •. 2.3 2. 78 1.2 ADDITIONAL DIRECT COSTS Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed either at a untt rate or at the actual cost invoiced to COUNTY, whichever is specified below. A markup of five percent (5\) to cover handling shall be applied to the total Ad~itional Direct Costs. Costs not identified herein will not be reimbursed, but will be co~sidered t~ be included in Direct Labor Costs. Additional Direct costs will be reimbursed as follows: Vehicle. as specified in Exhibit A, Section 2.3, fer those positions so designated by the CITY. Page -3- RE J "BURS EMEN'I" RATE $475.00 each per month including gasoline · . - .7 .... '.-·.· vehicle for county Materials Testing Techniciar.. Instrum~ntsr tools and safety equipment. as specified in Exhibit A, Section 2.2. $3.00 per hour WDr -1 not to exceed 5475.00 per month p~r ir.dlvidual Actual co~t invciced to COUNTY Direct Salary Rates, which are the range of ~ourl~ rate6 to be used in determining Direct Saiary Costs in Section 1.1.1 above. are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or ctaft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in paragraph 1.1.2 above. 2.2 The ranges of Direct Salary Rates shown herein are effective foc one year following the effective date of the Agreement~ ThE~eaft~r, COUNTY may make annual adjustments to individual compensation. COUNTY shall obtain approval from the CITY in writing prior to s~ch adjustments. POSITION OR CLASSIPI~_~ION 2.2.1 Construction Manager 2.2.2 Deputy Construction Manager 2.2.3 principal Construction Inspector 2.2.4 Supe~vising Construction Inspector 2.2.5 Senior Construction Inspector 2.2.6 Co~struction Inspecto( 2.2.1 Materials Testing Supervisor 2.2.8 Materials Testing Technician 2.2.9 Engineering Aide page -4- DIRECT COSTS RANGE OF HOURLY RATES $31.00 $39.00 $28.00 $35.00 $25.00 $30.00 $24.00 $29.00 $21. 00 $25.00 $17.00 $22.00 $24.00 $29.00 $11.00 $22.CO $15.00 $20.00 '. i I j - 2. 3.0 Associate Civil Er.gi!'1.ee r $25.01) $29.00 2.3.1 Ser.iot" Civil Engineer $29.CO $34.00 2.3.2 Field Survey Supe(visor $2L OD $3D.CC 2.3.3 Party Chie f $20.00 $24.00 2. l. 4 Survey Tech II S17.0G $21.00 2.3.5 Survey Te~h I $14.00 $18. a a 2.3.6 Engineering Tech III $21.00 $25.00 2.347 Land Surveyor $24.CO $28.00 COtmTY shall submit invoices in accordance with the CITY's Invoicing Proced~re provided by the CITY and with the following I"eguirements: 3.1 COUNTY shall submit each month an invoice for Services performed during the precedin9 month. The original invoice shall be submitted to the Deputy Director. 3.2 Cnarges shall be billed in accordanc~ with the terms and rates included herein, unless otherwise agreed in writing by the CITY. 3.3 The charg~s for each individual assigned under this Agreement shall be listed separately. 3.4 Each invoice shall bear a certific~tic~ signed by the project Manager 0;: an officer of the COUN'TY ... rhich reads as follcws: I heLeby certify that the hours and salary rates chacged in this invcice are the actual hours and rates worked and paid to the employees listed. Signed Title Date In .... oice No. Pase -5- 4. PAYMEN'T 4; ~ 1 payment will be m.adE to COUN'tY .... ·:t.hin fou'L weeks Clft~r rec~ipt by the CITY of an original invoice. Should the CITY contest any portion of an invoice~ that portion shall be held for ~esoluticn~ but the uncontested balance s.hall be paid. 4.2 After receipt of the final payment for S~rvices under this Agre€m~nt, COUNTY shall sign a Release and Certificate of Final Payment. 5 • KAX "lID! AM 0lINT The total cornpens~tion under this aqreement shall not exceed $lS0,CCO.OO, without amendment hereto. page -6- ~~~t, "i,~· :~"f -