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01-097 Harris & AssociatesfJ/?~ AGREEMENT ~~,~ ~ ITY OF CIJPERTINO CITY Of CUPE~TINf~ BY THIS AGREEMENT, made and entered into on the 13th by and between the CITY OF CUPERTINO (Hereinafter referred to <<s CITY) and Name (1) Harris & Associates _ (2) Address 120 Mason Circle City Concord. CA Zip 94520 Phone 925-827-4900 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Provide Interim Staff Augmentation Services-Assistant Public Works Director/City Engineer EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal is Exhibit "A" TERMS: The services and/or materials furnished under this Agreement shall commence on Nov. 13, 2001 and shall be completed before February 1, 2002 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to exceed $40,000.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the Ci~:y, its officers, agents and employees from any and all damage and liabilit ncluding all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. -due to negligence, errors and omissions, Insurance: Should the Ciry require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Carmen Lynau NO.~~~ day of November 20 01 , DEPARTMENT Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRA TOR• By Title d b 2 r S U i ce.P yes Soc. Sec. # S S _ ~ CITY OF UPERTINO: By ; ~ ~~ti'~-L~L~- Title Public Works Pro'e Mana er EXPENDITURE DISTRIB l~114'a I E / DATE~Z ACCOUNT NUMBER O , ~ (~ L ~ CIT ERK DATE / ice/ 110-8101 , r(~ C $40,000.00 0300 Torre Avenue ~~ ~ C1 Cupertino, CA 95014 ~ (408 777-3200 ~..~X ~~ oa .'1 ~ ~~ ~ 33 ; 3 White: City Clerk //-~ Green: Finance Yellow: Contractor Pink: Receiving Gold: Department ~'c~~~l ~~ , 1~1~' ,A Harris & Associates Program Managers Construction Managers Civil Engineers November 13, 2001 Mr. Ralph Qualls Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (emailed and mailed) Dear Ralph: Re: Provision of Interim Staff Augmentation Services - Assistant Public Works Director /City Enc~ineer We look forward to providing the interim services to Fill your vacant Assistant DPW/CE position. Based on our scoping meeting November 13, it seerns that Peter Sevcik will be a perfect fit for your needs. It proves, once again, that timing is everything! This brief letter proposal documents the details we discussed at our meeting. Personnel. The Assistant DPW/CE role will be filled by Peter Sevcik, PE. He recently joined Harris & Associates from the City of Soledad in Monterey County, where he served as City Manager, Public Works Director, and City Engineer. He is managing our San Jose office, and lives in Campbell. He is a registered engineer with 12 years of municipal and district engineering experience. His resume is attached, and references are available on request. As the need arises, Peter can be assisted by any of our 30+ engineers and technicians working at our Gilroy or Concord offices (please refer to the :services summary at the end of this letter). Services Needed. Peter will work as an extension of City staff in the vacant position of Assistant DPW/CE. You anticipate the permanent position won't be filled until late January, 2002. You have three primary areas of emphasis for Peter: / Traffic engineering and related projects / Development review. Approximately 25 projects under review at any time. / CIP management -project delivery. Terry Green will oversee three major architectural projects; there are 20-30 additional projects for Peter to attend to. Responsibilities will include overseeing the consultant selection and management for project design, assisting City staff with development reviews and coordination, attending external and inter-departmental meetings on behalf of the City Public Works Department, and other functions needed as City Engineer. 120. Mason Circle Concord, California 94520 (925) 827-4900 1=AX (925) 827-4982 concord(a)harris-assoc.com Level of Effort. You estimate that Peter will be nee~~ed 3 - 4 days per week initially. He is available more hours, if needed. We agreed that there would be some flexibility in his schedule to permit him to attend professional association meetings and occasional business meetings related to his managing our San Jose office. Cupertino will be Peter's primary assignment. By mutual agreement, his start date will be November '13. Compensation. Peter's standard billing rate is $150 per hour. There will be no additional charges for travel, communications, etc. Additional :services of staff to support Peter (eg. plan. reviewers or clerical) would be at Harris' standard h~~urly billing rate in effect at the time of the service. Harris will submit a monthly invoice for services performed. You did not indicate the maximum contract amount at our meeting; please inform us when you have decided. Additional Services Available. You are well familis3r with Harris' Construction Management Services, but I want to also summarize our addition~~l design and public works services available by Peter and others. / Development Review. Plan checking of development submittals for conformance with conditions of approval and city standards (currently serving Mountain View and others) / Development Management. Ongoing assistan~:e to City in managing major development projects -schedule, financing plans, administra'rion, permits, inter-departmental coordination. (Currently overseeing redevelopment of Alameda Naval Air Station) / Financial Engineering /Assessment District::. One of the leaders in the state for setting up and administering a variety of assessment districts. Also grant assistance and financial planning for projects. (Palo Alto and others) / Asset Management /Pavement Management. Inventory systems, condition surveys, and computer system implementation for any type of infrastructure (we're doing Cupertino's PMS now) / GASB 34. Full range of compliance services using either depreciation or modified approach methods (doing Palo Alto, Piedmont and Vacaville now) / Building /Life Safety. Code plan checking and inspection services for buildings. / Staff Augmentation. Providing any staff position from DPW to inspector for short or long term assignments, vacation and maternity leave relief, etc. / Organizational Effectiveness. Evaluate a department or a function (eg permits or CIP delivery) and recommend improving systems and operations to do more with less. / Civil Design. Design of virtually any public infr~~structure system. / Program Management. Develop and implement any type of public program, such as CIP project delivery. (currently managing San Mateo County's Sewer CIP program) I hope this gives you a broader view of Harris' capabilities. Peter will be your doorway to these services if you ever need them. Or you can call me to discuss our specific experience in any of the areas. Thanks again for selecting us for the current assignment. I will be the Project Director, so feel free to call me (925.827.4900x114) at any time. Cc: Peter Sevcik Encl. Resume, City Agreement 120 Mason Circle Concord, California 94520 (925) 827-4900 FAX (925) 827-4982 concord harris-assoc.com Peter V. Sevcik, PE Senior Proje~:t Manager Education MS, Public Administration BS, Civil Engineering Registrations Civil Engineer, CA Civil Engineer, FL Mr. Sevcik is a reistered engineer with over 12 years ofadvanced administrative and technical experience in municipal public works services. This includes city government positions such as public works director, city engineer, and city manager. Mr. Sevcik has directed all functions of a public works department, including operating budgets, personnel, planning, development processing, consultant management, plant operations, ~~nd public relations. He has developed and implemented numerous Capital Improvement Programs with projects as large as $30 mi; lion. His attention to detail and understanding ofthe municipal environment are valuable attributes he brings to his project teams. Public Works Services Experience City of Soledad. Public Works Director/City Engineer. With a $4.4 million annual department operating budget, Mr. Sevcik planned, organized, and directed all public works programs including engineering, facility maintenance, parks, streets, storm drainage, vehicle maintenance, wastewater, and water. His other responsibilities included: supervi~;ing the review of final maps and improvement plans for compliance with Subdivision Map Act requirements, vesting tentative map con~~itions, codes, regulations, standards, and City infrastructure ma:>ter plans; overseeing the design and construction of developer installe~3 improvements; and managing the design of a 1.5 mgd water supply well, rerating ofa 3.1 mgd wastewater treatment plant to a 3.6 mgd. collection system flow monitoring program, and assessment district formation. City of Soledad. City Manager/Acting City Manager. Working with a $10 million annual operating budget, Mr. Sevcik provided administrative oversight over all city departments and programs including police, fire, planning, buildin€;, finance and public works. He performed these duties while continuing ro act as public works director and city engineer. Peace River/Manasota Regional Water Supply Authority, Florida. Chief Engineer. Mr. Sevcik oversawdevelopment ofa basis ofdesign report ar~d final design for the $20 million, 12 mgd expansion ofa regional water supply facility and final design for the $30 million expansion ofregic-nal water transmission system including compliance with project funding requirements of USEPAand Southwest Florida Water Management District. His responsibilities included coordinating Authority project:; and activities with member governments and cooperative agenc ies; providing strategic planning, data analysis and ~ reports with recommended actions for consideration and adoption by ~ Authority Board of Directors; and managing the forensic investigation Peter Sevcik, PE Page 2 of the catastrophic failure of a 36-inch diameter pipeline and developing a mitigation stratefry for improving it. Town of Belleair, Florida. Director of Public Works and Engineering. In this multi-faceted role, Mr. Sevcik directed and managed all functions of a full service Public Works Department with a $3.5 million annual operating budget, i ncluding budgeting, equipment management, personnel, plannin;;, plantoperations, public relations, purchasing, regulatory code enforcement, and infrastructure design, construction, and maintenance. ,4dditionally, he acted as Town Manager during the Manager's absence. Hisresponsibilitiesineluded: ^ developing sh~~rt and long range strategic financial and capital improvement flans for all areas ofresponsibility including bridges, drainage, fleet maintenance, parks, solid waste, streets, water, and wastewater; ^ developing sh~~rt and long range strategic financial and capital improvement flans for all areas of responsibility, including bridges, drainage, fleet maintenance, parks, solid waste, streets, water, and wastewater; ^ designing and supervising construction of numerous public works improvf;ments, including: roadway overlays, intersections, water treatment plant upgrades, wastewater treatment plant upgrades, water distribution system, wastewater col lection system; and ^ and guiding thy: selection, training, development, motivation, discipline and evaluation of more than 32 department employees. City of Hallandale, Florida. Assistant to Director of Public Works, Utilities and Engineering. Mr. Sevcik coordinated the development and implementation of a $14 million annual operating budget and a $10 million capital improvement program. Additionally, he planned, organized, and managed the activities of 120 person staff. City of Hallandale, Florida. Assistant City Engineer. Mr. Sevcik designed, scheduled, supervised construction and provided contract administration for municipal water treatment, water distribution, wastewater collection, drainage, and roadway projects including CD(3G- funded infrastructure projects.