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11-094 Harris and Associates, Contractor Services � // AGREEMENT I . CITY OF CUPERTINO 10300 Torre Avenue '' Cupertino, CA 95014 CUPERTINO ��y�77�� 408 777 3354 NO. U�` H &A# 111 -0466 BY THIS AGREEMENT, made and entered into this 9 day of September, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Harris & Associates (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: Engineering staff augmentation services and support as outlined in the attached proposal. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal dated September 9 2011. TERMS: The services and /or materials furnished under this Agreement shall commence on September 12, 2011, and shall be completed before July 1, 2012, or as extended by agreement. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: An amount not to exceed $120,000. unless amended by written change order. 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 City, its officers, agents and employees from any and all damage and liability to the extent caused by Contractor's negligent acts, errors or omissions, including all costs of defending any claim, caused by and arising out of the negligent performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance: Should the City require evidence of insurability, Contractor 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: ENTERED NAME: Glenn Goepfert, Assistant Director DEPARTMENT: Public Works Department 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. CONTRACTOR: / CITY OF • ERTINO: By 1e l/ ■ .1, /∎ ' q ' I B 4111111.'44 ° 4 6dI r A > , Title: Bob Guletz, Vice President, Harris & Ass =tes Title Assistant Director of Public Works Tax ID# 2385238 I � 41 Clrt ,// A 6/enn `s ri y/ C APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE ACCOUNT UMBER AMOUNT -soar 110 $120,000. p ° 6 n O �. ." L „ „ DATE J / t • Harris & Associates. Shaping the Future, One September 9, 2011 Glenn Goepfert Assistant Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Helping Cupertino Serve the Development Community Dear Glenn: Cities like Cupertino typically do what they can to encourage smart development that will ultimately be a benefit to the community. But public- private partnerships are challenged during these tough economic times. Time is money to a developer, so they want prompt turn- around of submittals and expect fast -track entitlements. Meanwhile city staffs are being cut, putting additional burden on the `survivors'. We appreciate your thinking of Harris to help you through these tough. times by providing staff augmentation for your development review team. Based on our discussion yesterday, we believe we can be very helpful to your development services group. You are seeking an up -to -full-time, assistant -level engineer to provide a wide range of services. The duration would be a year or more, beginning in September. Our staff would provide a variety of tasks — reviewing development submittals and providing public counter assistance. You asked for resumes of our candidates and a few words about how we would approach our services to you. When you hire Harris, you're hiring a team. When we provide a single staff augmentation professional, he /she is backed up by other resources at Harris for vacation /sick coverage, for additional staffing during crunch times, and for specialized capabilities. It is our intent to offer John Ilasin, PE, as your primary staff. He would be supported by Jim Bissell, PE, as needed. Furthermore, I will act as Contract Manager, making certain your needs are met to your satisfaction, but also being able to provide a pre -1988 professional engineer license for map review and signing capabilities. Harris also has additional engineer and technician resources as needed in our Concord and Gilroy offices. A brief profile of each of the three named engineers follows: John Ilasin, PE, will serve as your primary staff Associate Engineer. He has 12 years of experience in municipal public works management and engineering both the public and private sectors. He has managed the development review and inspection process; reviewed improvement plans; examined subdivision maps; prepared policies and standard procedures guides; prepared city council and advisory board agenda item staff reports; and managed design projects and prepared plan s, specifications, and estimates for a wide variety of capital improvement program (CIP) projects. Mr. Ilasin's development review experience includes on -call as well as staff augmentation relationships. He is very familiar with the state's Subdivision Map Act, and has current training in FEMA Flood Plain Management. For years he has been reviewing submittals for all aspects of stormwater quality BMOs as well as compliance with NPDES regulations and recently received his QSD /QSP certification. Recent development review has included American Canyon, Gilroy, Morgan Hill, Salinas, Marina, and Monterey County. John is familiar with Cupertino, having completed your pavement condition survey last year. John's billing rate is $145 per hour. 1401 Willow Pass Road Suite 500 Concord, CA 94520 -7964 925.827.4900 f.925.827..4982 harris - assoc.com Jim Bissell, PE, will provide support for John Ilasin if needed. His 30 years of experience includes engineering manager, project manager, project development manager, and project engineer for wastewater, highway design, land development, street improvement, and flood control /storm drainage projects for public and private clients. He is currently completing a two -year staff augmentation assignment with the City of Richmond. His experience includes responsible charge positions with public agency and consulting firms performing a wide variety of engineering services including management, budgeting, and design supervision. Mr. Bissell's project management experience includes municipal, commercial, institutional, residential, and state highway projects, ranging from $10,000 to $100 million. He is a senior project manager for Harris' more complex and larger projects. Jim's billing rate is $180 per hour. Bob Guletz, PE, will serve as Contract Manager. He has over 40 years of experience in the public and private sectors. He currently serves as part -time Contract City Engineer for the City of American Canyon, responsible for development services. He has been managing and providing Harris' development management and technical review services for 23 years. .His major clients and projects have included the City of Alameda (NAS Alameda Reuse /Redevelopment, 200 acres), Marina (Fort Ord Reuse /Redevelopment, 1500 acres), Tracy (numerous Specific Plan Areas), and Vallejo (Vallejo Station, multi -modal station and mixed use development). He has served as Public Works Director for seven cities and City Surveyor for 4 agencies. He manages Harris' North Region Municipal S ervices Group. Bob's billing rate is $225 per hour. Harris is very comfortable providing staff augmentation services. It is one of our most rapidly growing service areas. Some of our representative current and recent assignments include the following positions in the Bay Area: • City of Vallejo, City Engineer (current) • City of American Canyon, City Engineer (current) • City of Mill Valley, Senior Engineer (current) • City of Santa Clara, project manager; GIS specialist; program manager (current) • City of Capitola, Public Works Director (recent) • City of Concord, Public Works Director (recent) • City of Salinas, development review engineer (resent) Please let me know if John's qualifications meet your needs, and if you would like to meet with him. We would love to continue our working relationship with the City of Cupertino. I can be reached by phone (925.827.4900 x1114) or email (rguletz(a),harris- assoc.com). I forward to hearing from you. Sincerely, HarripAssociates 7 , ob Gule i E Vice Presid -t Manager, M nicipal Services Encl: Resumes for Ilasin, Bissell and Guletz L Harris & Associates. John Ilasin, PE Associate Engineer Mr. Ilasin has 11 years of experience in municipal public works management and engineering in both the public and private sectors. He has managed design projects and prepared plans, specifications, and estimates for a 01 7 J* wide variety of capital improvement program (CIP) projects; managed t3' P P P g ( )P ed the 1 g development review and inspection process; reviewed improvement plans; k s examined subdivision maps; prepared policies and standard procedures , guides; prepared city council and advisory board agenda item staff reports; and supported street maintenance operations. Mr. Ilasin's development review experience includes on -call as well as staff augmentation relationships. He is very familiar with the state's Subdivision Map Act, and has current training in FEMA Flood Plain Management. For EDUCATION years he has been reviewing submittals for all aspects of stormwater quality BMPs as well as compliance with NPDES regulations and has received MS, Civil Engineering his state QSD /QSP certification. Recent reviews have included American BS, Construction Engineering Canyon, Gilroy, Morgan Hill, Salinas, Marina, Monterey County and other Technology agencies. AS, Construction Technology REGISTRATIONS Relevant Project Experience Professional Civil Engineer, CA City of Salinas, Development Services Staff Augmentation. Mr. Ilasin provided CERTIFICATIONS daily development review services in City offices. As part of the review of improvement plans of new development and redevelopment projects, Mr. California Stormwater Quality Association (CASQA), Qualified Ilasin is reviewed source and treatment control Best Management Practices Stormwater Pollution Prevention Plan (BMPs) for compliance with the City's NPDES Permit Design Standards, Developer and Practitioner (QSP /QSD) and Storm Water Pollution Prevention Plans (SWPPPs) for compliance TRAINING with the NPDES General Permit for Storm Water Discharges Associated with Construction Activity. As development slowed, his role has changed to American Council of Engineering Companies (ACEC), Subdivision Map providing ongoing on -call services. Act County of Monterey, Staff Augmentation Services. Development Services American Public Works Association, Engineer. Mr. Ilasin recently provided review of development improvement Introduction to Construction Inspection Workshop plans, subdivision maps, and record of surveys on a long -term basis. Caltrans Local Assistance, Federal -aid City of Marina, Strategic Development Center (SDC), Marina Development Review Series and Inspection Service at the Former Fort Ord Project Engineer. Mr. Ilasin served Caltrans Local Assistance, Resident as Harris' primary review engineer for development submittals for this 1500 Engineer's Academys acre annexation to the City of Marina. He also developed and maintained Systems of Stormwater Management review and inspection schedules for the the City and its Redevelopment ystems Federal Emergency Management Agency for six primary development projects. Mr. Ilasin also maintained Agency, Elevation Certificates resource allocation schedules, resource budget spreadsheets, plan check Storm Water Management Training log database, and other project control /tracking systems and coordinated Program (NPDES Phase I regulations)s specialty subconsultant review services. Storm Water Pollution Control Training Program (NPDES Phase I regulations) RESUME i Harris & Associates. John Ilasin, PE Associate Engineer TRAINING CONT'D City of Gilroy, Subdivision Map Examining. Under the supervision of the US HUD, Labor Compliance Acting City Surveyor, Mr. Ilasin is currently examining subdivision maps for Administration Workshop technical correctness and conformance to the City's Subdivision Ordinance AFFILIATIONS and Subdivision Map Act since 2004. American Public Works Association City of Seaside, Searide Highlands Subdivision Project. Project Engineer. The (APWA) project was a 380-lot, single - family residence subdivision developed by KB California Stormwater Quality Homes. Mr. Ilasin was the primary development reviewer and monitored the Association (CASQA) Storm Water Pollution Prevention Plan (SWPPP) for compliance. Construction Management Association of America (CMAA) City of Seaside, Pr9cedures for Vacating a Street and Public Service Easement. Mr. Infrastructure Delivery Council (IDC) Ilasin researched and developed a procedures for the City in conformance to the Califonia Streets and Highways Government Code. City of Diamond Bar, Diamond Crest Estates Subdivision Project. Project Engineer. The project is a 128 -lot, single - family residence, hillside subdivision developed by Pulte Homes. Mr. Ilasin coordinated the development review and inspection process, including improvement plans, subdivision map, Standard Urban Storm Water Mitigation Plans (SUSWMP), and engineering report reviews. He was also responsible for bond releases, street lighting district annexations, easement and roadway dedications, lot line adjustments, and certificate of correction. (Prior experience) City of Diamond Bar, Crystal Ridge Estates Subdivision Project. The project is a 50 lot custom single family residence, hillside subdivision developed by JCC Homes. Mr. Ilasin coordinated the development review and inspection process, including improvement plans, subdivision map, SUSMP, and engineering report reviews; construction inspection; bond releases; lot line adjustments; and street vacation. (Prior experience) City of Diamond Bar, Tracking Illicit Connections and Illicit Discharges to Storm Drain System. Under the Special Provisions of the NPDES Phase I Permit for the Los Angeles County Flood Control District, County of Los Angeles, and 84 incorporated cities including the City of Diamond Bar, the City was required to document, track, and report all cases of illicit connections and illicit discharges to the storm drain system. John filed reports and maintained tracking log. (Prior experience) City of Diamond Bar, Tentative Map Reviews. Mr. Ilasin reviewed numerous tentative maps and prepared conditions of approval in Planning Commission Resolutions. City of Hollister Redevelopment Agency, Fremont School Demolition. Project Engineer. Mr. Ilasin prepared the plans, specifications, and estimates including preparing the erosion and sedimentation control plan and the State Water Resources Control Board (SWRCB) Notice of Intent (NOI) application. The project consisted of demolishing three school buildings and site improvements on a 3 acre parcel. The school buildings total approximately 6,225 square feet. RESUME Harris & Associates,. Bob Guletz, PE, Vice President Harris Project Director Mr. Guletz serves as North Region Director of Municipal Services for Harris. He is a registered engineer with over 39 years of experience in tat municipal civil engineering, design and public works management. This includes 15 years in city government (eight as public works director /city engineer) prior to joining Harris. As a consultant, Mr. Guletz has focused ais his career on municipal management services, providing contract city engineering services for six cities; studies and reports; CIP, development, and liir infrastructure management; and facilitating solutions. He presently serves as contract City Engineer for American Canyon, and held that position a for San Bruno in 2008. Other recent assignments include managing the redevelopment of former military bases for the cities of Alameda (NAS Alameda) and Marina (Fort Ord, Monterey County). His attention to detail EDUCATION and understanding cf the municipal environment are valuable attributes he BS, Civil Engineering brings to his project teams. REGISTRATION Relevant Project Experience Professional Civil Engineer, CA City of American Canyon. City Engineer. Mr. Guletz is performing the AFFILIATIONS role of City Engineer within the Community Development Department. American Public Works Association He is primarily responsible for the technical review and approval of all (APWA) development in the City, a gateway to Napa Valley. Those services include American Society of Civil Engineers evaluating the adequacy of existing infrastructure, ensuring conformance (ASCE) with City ordinances, planning documents, and design standards; imposing Bay Area Water Works Association conditions of approval; review of improvement plans and subdivision (BAWWA) maps; and verifying compliance with all development conditions. Since this PUBLICATIONS is a recently- reorganized department, his role includes establishing policies, "Going Underground for Utility procedures, and management systems to provide better customer service and Services," Underground Infrastructure more efficient processing. Management Magazine (Spring 2005) City of Marina, Fort Ord Redevelopment Management. Project Director "Preserving Infrastructure Assets," Western Cities Magazine (2001) and Manager. Since 2006, Harris has been providing a broad range of development management, technical, building and safety, and construction SPEAKING ENGAGEMENTS management services for this 1,500 acre base reuse program. Ultimate build - "Core Competencies of Public out will include 20,000 population, plus schools, parks, retail and hotels. Works Managers" APWA Congress, 2010, Boston; APWA Public Works City of Marina, De''elopment Impact Fee Study. Project Director and Manager. Conference, San Ramon, 2009 Mr. Guletz provided management oversight for the development impact "Win -Win Selection and Management fee update for the Ci ty of Marina. The fee area covered undeveloped areas of Consultants," League of California Cities, San Diego, California, 2006 of the city and projected development areas not covered by development agreements. The final deliverable included a nexus study for impact fees, updated ArcView files for the city's GIS system, and a draft ordinance to facilitate fee adoption. RESUME 11 1 Harris & Associates. Bob Guletz, PE Harris Project Director SPEAKING ENGAGEMENTS City of Alameda, 13ayport /Alameda Landing Development Project. Project (CONT.) Director and Manager. Since 2004, Mr. Guletz has been involved with this "Cities Acting Like Developers: Public project, coordinating with dozens of participants, including the developer, Works Perspectives on Redeveloping city, utility, and regulatory agencies to provide management, technical review, Military Bases," American Public Works Association Congress, San Diego, and construction management /inspection services of the 215 -acre, $500 California, 2003 million redevelopment of NAS Alameda. The project includes 700 dwelling "Redevelopment of Alameda Naval units, 1.3 million SF of commercial /office /R &D, an elementary school site, Air Station," North Bay Engineers park, and Bay shoreline park. Mr. Guletz has been responsible for reviewing Club, ers, 2002 and East Bay Municipal and negotiating contracts; developing and maintaining the accounting system, Engineers, g g i p g g g y "t3 Habits of Highly Successful budget, and schedules; coordinating technical reviews; monitoring compliance Consultant Managers," League of Cities with mitigation measure; and maintaining documents. Public Works Institute, 2000 City of San Bruno Contract City Engineer. For eight months in 2008, Mr. TRAINING Guletz served as Interim City Engineer during the City's recruitment process. "Consultant Management," APWA His responsibilities included supervising a staff of nine engineers and support Public Works Institute (annually since staff, delivering a complex CIP program, preparing staff reports for the city 2007) manager and city council, resolving numerous neighborhood traffic calming issues, and coordinating development reviews and conditions of approval. His key accomplishments included developing a new Capital Improvement Program monitoring and reporting system and a new Public Works Department Management Manual. Following his city engineer assignments, he was retained for follow -up services for staff transition and further development of the manual. From his prior experience in public works, he was able to engage quickly with very little learning curve. City of Cupertino, Pavement Management Update Services Project Director. Mr. Guletz was the project director for the inspection of the residential pavement network that consisted of 91 centerline mile. Mr. Guletz also oversaw updates for the M &R treatments, PCI calculations for each pavement segment, testing for various budgets against pavement condition performance, and generation of a Final Report summarizing Harris' methodologies and findings. He also worked with Cupertino to update their maintenance treatment decision trees and treatment unit costs. Recently annexed streets in the Oak Valley neighborhood were inspected and added to the MTC PMP database. Metropolitan Transportation Commission (MTC), Pavement Management Technical Assistant Program (PTAP) Ten Rounds to date. Project Director. Mr. Guletz has served as our team's project director for each of the ten rounds of PTAP to date, comprising of 64 project assignments. Harris' responsibilities have included the inspection of streets /roads, PCI calculations for each pavement segment, and upgrading the Agency's pavement management software to the latest StreetSaver® online version. Other services that Harris provided were assisting the agencies with setting up custom projects, updating the database with the latest maintenance work, assisting the Agency with updating the treatments and unit costs, running various budget scenarios, generating reports, t ummarizing our methodologies and findings, training agency staff on the inspection procedures and on the PMP application, and submitting the required reports to the Agency and to MTC. RESUME 6 111 Harris & Associates,. Jim Bissell PE Associate Engineer Mr. Bissell has 30 years of civil engineering experience as an engineering manager, project manager, capital improvement project (CIP) manager, and project engineer for wastewater, highway design, land development, street improvement, and flood control /storm drainage projects for public and private clients. His experience includes responsible charge positions with public agency and consulting firms performing a wide variety of engineering services including management, budgeting, and design supervision. Mr. Bissell's project management experience includes municipal, commercial, institutional, residential, and state highway projects, ranging from $10,000 to $100 million. He is a senior project manager for Harris' more complex and larger projects. EDUCATION Relevant Project Experience BS, Civil Engineering City of Richmond, Capital Project Delivery. Project Manager. Since 2009, REGISTRATION Mr. Bissell has been supporting the City of Richmond as an Engineering Project Manager responsible for a major portion of the Engineering Services Professional Civil Engineer, CA Department's Capital Improvement Projects (CIP) Program. Those projects AFFILIATIONS include: American Public Works Association . Carlson Blvd Improvements — Construction Manager /Resident (APWA), Member Engineer This 4,000 foot long project is a major traffic and utility American Society of Civil Engineers corridor including a 36" water transmission pipeline that serves 1 /2 (ASCE) million people, a 24" high pressure gas transmission line and outside agency sanitary sewer collection and water distribution systems. This $3.5 million major street improvement and reconstruction project's funding includes $1 million ARRA /Federal Funds and will undergo a detailed Federal audit at the end of the project Martin Luther King, Jr Park Improvements — This $2.6 million project includes the complete redevelopment of an existing park into a state of the art synthetic surface running track surrounding an artificial turf all- weather combination football and soccer field together with restrooms, field lighting and other amenities.. This project is being funded by two California State parks grants along with a $200,000 grant from the National Football League sponsored by the Oakland Raiders. Responsibilities include full project management, field inspection, grant management and liason with NURVE collaborative community projects task team. > Other projects include the $300,000 demolition of the Martin Luther King Community Center, $350,000 Pt Richmond Retaining Walls Repairs, Safe Route to Schools Projects, Liason with the Calif Dept of Toxic Substances Control for ongoing clean up sites, and Project Manager for $125,000 In -house Library Improvements. RESUME Harris & Associates. Jim Bissell, PE Associate Engineer North Natomas Finance District,. Project Director. Harris assisted the City of Sacramento in the review and processing of reimbursement requests for developer - constructed facilities in the North Natomas Area for over 6 years beginning in 2003. Harris was responsible for reviewing the contracts, invoices, checks, lien releases, plans and other related documentation and verifying the accuracy and relevancy of the information. City of Sacramento, Railyards Development Area and Richards Boulevard Finance District (now called 'River District'). Project Director. Mr. Bissell was project director and performed review of reports and documents prepared for the City of Sacramento in the planned development and redevelopment of this former Southern Pacific Railroad Yard comprised 240 - acres. City of Modesto, Finance and Master Planning Services Project Manager. Mr. Bissell was project manager for the development of complete Facilities Master Plans and In;:rastructure Finance Plans for several specific plan areas within and adjacent ro the City of Modesto. Project management included subconsultant tasks For the master plan studies of sanitary sewer, water storm drain, and roadway areas including reconciliation and coordination of detailed cost estimates for three major projects: > Tivoli Development area (500 acres of residential regional- serving commercial areas) Included annexation and significant city /developer communication. Kiernan Business Park South (80- acres) Business park development Kiernan Business Park East (160 -acre specific plan area) City of Stockton, Engineering Support Services Inspection Services. Project Director. Mr. Bissell coordinated and supervised the Harris team's staff augmentation services for the City's Municipal Utilities Division. The main position was that of senior civil engineer with construction management responsibilities for a variety of water and wastewater projects, including a biddability /constructability review for the Stockton Aqueduct project. Mr. Bissell also supervised construction inspection services for the Downtown Sidewalk and Street Light Replacement project, the Pacific Avenue Bridge Retrofit, and encroachment permit inspection services. City of Rio Vista, Wastewater and Land Development Program Management. To supplement and support City staff, Mr. Bissell has performed a number of tasks for the City, including on -going review of proposed tentative maps for the development of major land development projects totaling approximately 4,000 units including Bran Ranch, Gibbs Ranch, the Seeno and Esperson properties. RESUME Harris & Associates. Ki al Harris & Associates City of Cupertino, Engineering Staff Augmentation and Support Services RANGE OF HOURLY RATES - NORTH REGION EMPLOYEES Effective January 1 - December 31, 2011 ENGINEERING DESIGN AND MUNICIPAL SERVICES GROUPS HOURLY RATE Project Directors $190 -240 Project Managers 150 -240 Project Engineers 125 -200 Technical Support 75 -150 Administration 65 -130 CONSTRUCTION / PROGRAM MANAGEMENT HOURLY RATE Project Directors $190 -240 Project Managers 150 -240 Construction Managers 125 -220 Resident Engineers 150 -220 Construction Engineers 110 -220 Scheduling Engineers 110 -190 Cost Engineers 110 -190 Inspectors * 100 -160 Technicians 90 -160 Administration 65 -130 Notes: Rates are subject to adjustment due to promotions during the effective period of this schedule. A new rate schedule will become effective January 1, 2012 and on the 1st of January every year thereafter. Unless otherwise indicated in the cost proposal, hourly rates include most direct costs such as travel, equipment, computers, communications and reproduction (except large quantities such as construction documents for bidding purposes). * Inspectors working in the State of California are subject to the Prevailing Wage Rates established for that area.