FIRST AMENDMENT TO
AGREEMENT BETWEEN
CITY OF EAST PALO ALTO
AND
HARRIS & ASSOCIATES, INC.
This First Amendment to the Principal Agreement made and entered into on ______ day of ____________, 2022, hereafter referred to as Agreement, between Harris & Associates, Inc., California Corporation, therein referred to as Consultant, and the City of East Palo Alto, a municipal corporation, therein referred to as City, is made and dated for reference this 21th day of December 21,2022.
Consultant and City do mutually agree as follows:
1. Amended Exhibit A, Attachment 1. Exhibit A, Attachment 1 of the Principal Agreement, sets forth the services to be provided pursuant to the Principal Agreement is hereby amended to include the services and billable rates as set forth in Exhibit A of this Amendment.
2. Revised Exhibit B, Section 1. The first paragraph of Exhibit B, Section 1 of the Principal Agreement, entitled “Consultant’s Compensation” is hereby repealed and replaced with the following:
City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement, as amended, and for all authorized reimbursable expenses, for a total not to exceed Three Hundred, Fifty Thousand ($350,000.00) for the contract.
Consultant agrees that the amount of increase in the not to exceed amount specified above shall constitute full compensation for the Additional Services, and shall fully compensate Consultant for any and all direct and indirect costs that may be incurred by Consultant in connection with the Additional Services, including costs associated with any changes and/or delays in work schedules or in the performance of other services or work by Consultant.
3. Integration. This Amendment, including all exhibits, if any, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Amendment. This Amendment shall not be amended or modified except by a written agreement executed by each of the parties hereto. Except as specifically revised herein, all terms and conditions of the Agreement, and all prior amendments, if any, shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Amendment and the Agreement, and any prior amendment, if any, the provisions of this Amendment shall control in all respects.
5. Ambiguities. The parties acknowledge that they have had the opportunity to have this Amendment reviewed by their respective legal counsel, and that the terms and conditions of this Amendment are not to be construed against any party on the basis of such party's draftsmanship thereof.
6. Counterparts. This Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
7. Facsimile Signature; Electronic Signature. This Amendment shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of the Agreement.
The failure to send an original shall not affect the binding nature of this Amendment.
8. Authority. The person signing this Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Amendment on behalf of Consultant.
IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.
[Signatures on the following page]
Harris & Associates, Inc.,
a California Corporation
By:
Tom West, Vice President
DATE: ____________________
FEDERAL I.D. #: ____________
East Palo Alto Business License No.
CITY OF EAST PALO ALTO,
a municipal corporation
By:________________________
Patrick Heisinger
Interim City Manager
DATE:_____________________
ATTEST:
By:________________________
James Colin, Acting City Clerk
APPROVED AS TO CONTENT:
__________________________
Kamal Fallaha
Public Works Director
APPROVED AS TO FORM:
Valerie J. Armento
Interim City Attorney
Exhibit A
Attachment 1
One California Plaza, 300 S Grand Avenue, Suite 3830, Los Angeles, CA 90071 p: 800.827.4901 www.WeAreHarris.com April 27, 2022
Mr. Glen March
Senior Engineer, Department of Public Works
City of East Palo Alto
1960 Tate Street, East Palo Alto, CA 94303
PROPOSAL TO DEVELOP ASSET MANAGEMENT SOFTWARE SYSTEM STANDARDS Dear Mr. March:
Harris and Associates (“Harris”) is pleased to provide you with this proposal to provide support to the City of East Palo Alto (“City”) as it implements its Water System Asset Management Plan (“AMP”). The basis for the support services, the proposed scope of work, schedule, staffing plan and budget are provided herein.
BASIS FOR SUPPORT SERVICES
Paragraph 26 of the Domestic Water Supply Permit issued by the State Water Resources Control Board Division of Drinking Water (“DDW”) on January 30, 2020 (“Permit”) requires the City to prepare an AMP. Doing so will help the City to meets its responsibilities as a water system owner including:
Understand what water infrastructure assets are owned by the City and their condition Define how to maximize the useful life of existing water infrastructure by documenting maintenance requirements
Determine how to prioritize and cost effectively replace outdated infrastructure Verify Veolia’s compliance with DDW Permit requirements and Provide City staff with tools and expertise to oversee Veolia’s performance more effectively Working with both the City and its system operator Veolia (the system operator leasee), Harris prepared and submitted the AMP to the City in December 2021. The City Council approved the AMP at its March 15, 2022 City Council meeting; after which, the City transmitted the approved AMP to DDW to fulfill this permit obligation.
In submitting the AMP to DDW, the City has committed itself to implementing the AMP and has requested support from Harris over the next three years in order to do so.
SCOPE OF WORK AND SCHEDULE
The scope of work which Harris proposes to perform is provided in Attachment 1 and entails developing asset management software system standards. Included within the scope of work are schedule milestones and requirements. Completion of this task will allow the City and Veolia to begin populating and updating the water system asset register using consistent standards and following consistent and documented processes.
BUDGET
Harris proposes to complete the scope of work within a not‐to‐exceed budget of $150,000. A breakdown of the fee estimate used to develop this budget is provided in Attachment 2. 2 CLOSING
We greatly appreciate the opportunity to continue to support the City of East Palo Alto. Please contact me at [email protected] or (213) 500‐9911 if you have any questions regarding our proposal.
Very truly yours,
Tom West, P.E.
Vice President, Water Consulting
1 ATTACHMENT 1
EAST PALO ALTO
ASSET MANAGEMENT PLAN IMPLEMENTATION AMENDMENT
Asset Register Implementation
The following are general assumptions that apply to the proposed scope:
1. The existing Asset Management Software System, InfoAsset, currently being used by City’s lessee, will be used for the duration of the contract.
2. City’s lessee currently uses or more databases for its operations. Regardless of the number of databases used by the Lessse, all asset information will reside in the Asset Register.
3. Data from the lessee’s other databases may be incorporated into the Asset Register. Lessee will be responsible for incorporating information from the other databases into the Asset Register.
4. Harris will not be required to purchase any database systems for the work.
5. Harris will not serve as the Asset Manager as defined in the Asset Register Master Plan.
6. Harris will not be responsible for collecting field data, including condition assessment information.
Term of the Amendment
The term of this amendment shall be three (3) years from the execution date.
Schedule
Harris shall complete Task 1 in six (6) months after notice to proceed.
As part of the project management task, Harris shall prepare a critical path method schedule for the activities identified in this amendment.
Deliverables
All deliverables shall be submitted in word format or pdf format, unless otherwise specified or agreed in writing.
2 Task 1: Develop Asset Management Software System Standards Harris shall perform the work required and necessary to develop the standards for the asset management software system as described below. The standards for each asset class/type will be incorporated into the appendices of the Asset Management Plan.
Asset management software is published with pre-set asset classes/types and asset data fields. The asset management software must be customized for the City’s assets, as well as for the data fields that the City wishes to capture to achieve its goals.
Harris shall review the existing software system’s asset classes/types and data fields, recommend changes to the existing asset management software system to accomplish the City’s goals. The existing software system will be utilized to the greatest extent practicable to cost effectively implement the asset management software system.
City and Harris will agree to the order which asset classes/types are addressed as part of each of the below tasks.
The Asset Register currently addresses the following asset classes/types: water meters, pipes, fittings, valves, backflow devices, hydrants, treatment works (including well), water sampling stations, generators, pumps, and customers.
As part of the work below, Harris may recommend and the City may approve additional asset classes/types. The City is responsible for approving the assets in each asset class/type.
The City will provide CVS files of the latest asset attributes and asset maintenance activities data fields from the Asset Register prior to Harris starting work.
Task 1A. Identify Required Asset Register Data Fields for Operational and Maintenance Requirements
Operational and maintenance data in the asset management software system is intended to ensure City staff may perform oversight of the Lessee’s operational and maintenance activities.
Harris shall identify operational requirements and maintenance requirements separately. Typically, the asset management software system does not distinguish between operational and maintenance data, however, the City wishes to distinguish between operational and maintenance requirements for each asset class/type in the appendices of the Asset Management Plan. Harris shall also identify the frequency associated with operational requirements and maintenance requirements. 3 Identifying attributes related to operational and maintenance requirements requires researching and documenting requirements prior to identify the required data fields.
Researching and documenting operational and maintenance requirements includes the followings tasks:
1. Identify and list documents (references) associated with requirements for each asset. The references may include (a) AWWA Standards and/or Manuals; (b) Federal, state, and local laws, codes, and requirements, (c) operation and/or maintenance manuals for equipment, and/or (d) various plans for each asset class/type. References shall be appropriately cited by an agreed upon standard, such as the “Citations Bluebook.” Citations should include specificity, such as, applicable code sections and pages.
2. Provide electronic copies of free documents/references cited to the City.
3. Prepare a checklist for operational requirements for each asset class/type, which cite the appropriate reference(s) for the requirements.
4. Prepare a checklist for maintenance requirements for each asset class/type, which cite the appropriate reference(s) for the requirements.
Upon completion of the first step for an asset class/type, the second step is to identify the required asset register data fields for operational and maintenance requirements.
For each asset class/type, Harris shall prepare a list of recommended asset register fields by performing the following work:
Prepare a list of the existing data fields for asset maintenance. On the list, identify which data fields are and are not being utilized for data. On the list, recommend data fields that should be utilized that are not being currently utilized.
On the list, recommend data fields that should be added.
An asset class may contain several different types of asset types with different data requirements. Harris shall make recommendations regarding creating new asset classes as required to software limitations or data organization.
Deliverable #1:
1. Draft List of References document for each asset class/type.
2. Draft Checklist of Operational Requirements document for each asset class/type.
3. Draft Checklist of Maintenance Requirements document for each asset class/type.
Deliverable #2:
1. List of References document for each asset class/type, that incorporates and/or addresses City comments.
2. Checklist of Operational Requirements document for each asset class/type, that incorporates and/or addresses City comments.
4 1. Checklist of Maintenance Requirements document for each asset class/type, that incorporates and/or addresses City comments.
2. Electronic files of free references.
Deliverable #3:
1. Draft Recommended Asset Register Data Fields document for each asset class/type.
Deliverable #4
1. Asset Register Data Fields document for each asset class/type, that incorporates and/or addressing City comments.
Task 1B. Identify Required Asset Register Data Fields for Other Asset Attributes Collection of asset data is dependent on the functionality of the existing asset register.
To capture data to achieve the City’s goals, the asset management software system must be customized to capture data to achieve the City’s goals.
City will provide CSV files of data contained in the Asset Register for asset attributes and asset maintenance/operations.
For each asset class/type, Harris shall prepare a list of recommended asset register data fields by performing the following work:
Prepare a list of the existing data fields for other asset attributes. On the list, identify which fields are and are not currently being utilized. On the list, recommend which fields should be utilized for data that are not currently being utilized.
On the list, recommend data fields that should be added.
An asset class may contain several different types of asset types with different data requirements. Harris shall make recommendations as to creating new asset classes as required to keep data.
Certain asset classes, such as, Customers are not currently tracked in the asset register. Harris shall recommend all fields for asset classes that is not currently tracked.
Deliverables:
1. Draft Recommended Asset Register Data Fields document for each asset class/type.
2. Asset Register Data Fields document for each asset class/type, that incorporates and/or addresses City comments.
Task 1C. Identify Standard Data Inputs for Asset Register Data Fields for Asset Attributes
5 Standardizing data inputs is important to grouping information in the database, that is, data should be input with a drop-down menu rather than a text input field whenever possible. For example, using a drop-down menu, pipe material type will be input the same via a drop-down, such as “Cast Iron,” versus allowing the inputter to write “CI” or “C. Iron” in a text input field.
For each asset register data field, Harris shall prepare a recommended list of standard inputs to the maximum extent possible for each data field.
For example, for pipe material, the standard data inputs may be “CI,” “ACP,” “PVC,” “DIP,” and “Other.”” For a maintenance, the standard data inputs may be “Service,” “Repair,” “Paint,” “Rebuild,” “Other” with a definition of “Service” and a text field for a description of the work performed.
The standard data inputs apply to all data fields identified in Tasks 1A and 1B, above.
Deliverables:
1. Draft Recommend Standard Data Inputs document for each asset class/type.
2. Standard Data Input document for each asset class/type that incorporates or addresses City comments.
Task 1D. Identify EPA Standard Reports
Reports generated from the asset management software system is the essential part of the asset management software system.
Reports will allow staff to (a) perform oversight of the City Lessee’s contract compliance, including system maintenance; and (2) prioritize which assets to maintain and replace using a risk-based approach methodology.
Harris shall review the standard reports generated from the InfoAsset and make recommendations for adopting and/or improving the reports, as appropriate.
Harris shall also identify additional reports to be generated by the asset management software system for each asset class/type, including data fields to be displayed in the report, as well as the frequency of the reports.
Deliverables:
1. Draft EPA Standard Reports memorandum for each asset class/type
2. EPA Standard Reports document for each asset class/type incorporating and addressing City’s comments.
Task 1E. Update Asset Management Plan Appendices
Harris shall prepare an Asset Management Plan appendix for each asset class/type.
The appendix shall incorporate the information developed as part of the above items in the format, similar to shown in the attachment entitled “Asset Information ad Register Data Standard Format.
6 As part of preparing each appendix, each appendix should include a glossary of terms, as well as the following:
Standard definitions for assets and the different ways they are handled Standard descriptions for assets entered into the appropriate fields in the Asset Register
Standard definitions for asset and hierarchical positions Standard naming conventions and definitions for assets. Standard definitions for the attribute information collected for each asset type Deliverables:
1. Draft appendix for each asset class/type.
2. Appendix for each asset class/type, that incorporates and/or address City comments.
Task 2: Project Management
Harris shall prepare invoices including a monthly progress report that includes issues and concerns; critical path method schedule for task 1 activities for each asset class/type in Microsoft project.
7 EXCERPT REGARDING ASSET MANAGER ROLE
FROM ASSET REGISTER MANAGEMENT PLAN, FEBRUARY 2022
5.1.1 ASSET MANAGER
The asset manager will be responsible for maintaining the integrity and accuracy of the Asset
Register in accordance with this ARMP. Adding new assets, modifying existing assets, or decommissioning assets in accordance with the requirements of this ARMP will be completed by the asset manager or designated representative. Changes outside the scope of this ARMP will require approval from the Public Works Director or designated representative. Items outside the scope of this ARMP include but are not limited to creating a new asset class, creating a new asset type, or modifying this ARMP. Final authority on all matters will rest with the Public Works Director or designated representative.
5.1.2 ASSET REPLACEMENT
Adding replacement assets (replacing assets in kind), updating asset attribute data, or decommissioning assets will be completed through the GIS interface. The asset manager or designated representative will review and accept, reject, or modify all changes.
New Assets
New assets (such as a new housing development or water main replacement) may be added to the
Asset Register provided that the following occurs:
• All assets be placed in a planning status and cannot be placed into an active status until approved by the asset manager.
• Before placing assets in active status, all asset attribute information must be field verified (including verification of asset location), and additional assets that were found in the field but not on drawings must be added.
Existing Assets
Verification of current asset information must consist of the following:
• Incorporation of information from construction as-built drawings into Asset Register.
• Identification of assets to be verified in the field before conducting the field verification.
• In the field:
o Location of the asset and capture of its GPS location on a handheld device.
o Review of the asset’s attribute information in the field and notation of any discrepancies.
• Upload asset information to AMSS. The asset manager will review the discrepancies and approve changes before updating the GIS Asset Register. 8 5.1.3 ASSET REGISTER QUALITY CONTROL PROGRAM
The asset manager will manage a quality control program to verify the quality and accuracy of the
Asset Register. This program will be accomplished through a field verification process and include the following:
• A sampling of 10 percent of assets shall occur in the field every five years with assets in the Asset Register or more or less frequently based on the Strategic Asset Management Plan for each specific asset class and type. • An asset technician shall carry the asset information with them into the field to compare with assets in the field. The asset technician shall identify assets and/or asset data that do not match with the Asset Register.
• The asset manager or designated representative shall review the field verification findings and determine the quality and accuracy of the Asset Register. This may result in additional field verification activities if deemed necessary.
• The asset manager shall be responsible for updating the Asset Register as needed and conducting a wide-scale Asset Register update if deemed necessary.
9 ASSET INFORMATION AND ASSET REGISTER DATA STANDARD FORMAT (FROM APPENDIX B, ASSET REGISTER MANAGEMENT PLAN, FEBRUARY 2022) Asset Description, Requirements, and Replacement Planning Information
1. Asset Class or Asset Type
a. Description
b. Operational Requirements
i. Requirements
1. Federal Requirements
2. State Requirements
3. Local Requirements
4. Permit Requirements
ii. Operating Manual(s)
iii. Reporting Requirements
iv. References
c. Maintenance Requirements
i. Requirements
1. Federal Requirements
2. State Requirements
3. Local Requirements
4. Permit Requirements
ii. Maintenance Activity Definitions
1. Inspect
2. Service
3. Repair
4. Rehabilitate
5. Paint
6. Flush
7. Other
iii. Required Spare Parts
iv. Maintenance Manual(s)
v. Reporting Requirements
vi. References
d. Testing Requirements
i. Requirements
1. Federal Requirements
2. State Requirements
3. Local Requirements
4. Permit Requirements
ii. Reporting Requirements
iii. References
e. Asset Replacement Planning
10 i. Condition Assessment
1. Definitions
2. Criteria
3. References
ii. Criticality Assessment
1. Definitions
2. Criteria
3. References
iii. Risk Profile
1. Definitions
2. Criteria
3. Reporting Requirements
f. Associated Level of Service(s) Requirements
i. Level of Service
11 Asset Register Format
1. Asset Class
a. Asset Type
b. Asset Identification Number
c. Asset Location Data
d. Asset Physical Characteristics Data
i. Size
ii. Material
iii. Other
e. Asset Manufacturer Data
i. Manufacturer
ii. Model
iii. Serial Number
iv. Other
f. Associated Equipment or Devices
g. Operational Data
i. Operational Activity Date
ii. Operational Activity Type
iii. Performed by
iv. Description and Observations
v. Other
h. Maintenance Data
i. Maintenance Activity Date
ii. Maintenance Activity Type
1. Inspection
2. Service
3. Repair
4. Paint
5. Other
iii. Performed by
1. City Staff
2. City Contractor
3. Lessee Staff
4. Lessee Contractor
5. Name
6. Other
iv. Description and Observations
v. Other
i. Testing Data
i. Test Date
ii. Test Type
iii. Test Results
iv. Description and Observations
12 v. Other
j. Asset Replacement Planning Data
i. Condition Assessment
1. Failure
a. Failure Date
b. Failure Type
c. Description and Observations
d. Other
2. Remaining Service Life
a. Installation Date
b. Service Life
3. Parts Available (Yes/No)
4. Manufacturer Support Available (Yes/No)
5. Condition Assessment Score
ii. Criticality Assessment
1. Criticality Assessment Score
3 ATTACHMENT 2
ASSET MANAGEMENT PLAN IMPLEMENTATION SUPPORT SERVICES
DETAILED FEE/BUDGET ASSUMPTION BREAKDOWN
$250 $205 $165 $300
1. Develop Asset Management Software
System Standards 210 242 216 10 678 $140,750
1A. Identify Required Asset Register Data Fields for
Operational and Maintenance Requirements 44 48 48 2 142 $29,360 Task 1B. Identify Required Asset Register Data Fields
for Other Asset Attributes 44 48 48 2 142 $29,360
Task 1C. Identify Standard Data Inputs for Asset
Register Data Fields for Asset Attributes 44 48 40 2 134 $28,040 Task 1D. Identify Standard Reports for the Asset
Register 46 50 40 2 138 $28,950
Task 1E. Update Asset Management Plan Appendices 32 48 40 2 122 $25,040
2. Project Management 36 6 42 $9,180
TOTALS 210 278 216 16 720 $149,930
Hourly rates shown are for 2022. May be updated annually.
ACTIVITIES Labor $
B. Spindor
Sr. Consultant
Staff Proj.
Engineer
Staff Asst.
Engineer
T. West
Principal Total
Hours