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Home My WebLink About222-24 RESOLUTIONFile Number: 2024-440 113 West Mountain Street Fayetteville , AR 72701 (479) 575-8323 Resolution: 222-24 120 WATER AUDITS, INC. (AMENDMENT NO. 1): A RESOLUTION TO APPROVE AMENDMENT NO. I TO THE PROFESSIONAL SERVICES AGREEMENT WITH 120 WATER AUDITS, INC. IN AN AMOUNT NOT TO EXCEED $47 ,020.00 PER YEAR FOR ADDITIONAL SERVICES RELATED TO WATER SERVICE LINE INVENTORY COMPLIANCE WHEREAS , on April 2 , 2024, City Council passed Resolution No. 114-24 approving a Professional Services Agreement with 120 Water Audits, Inc. for water service line inventory compliance services ; and WHEREAS , Amendment No. 1 will provide for mailing services for the individual notification letters that must be sent to all properties with an identified lead service line or an unknown service line material. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville , Arkansas hereby authorizes Mayor Jordan to sign Amendment No. 1 to the professional services agreement with 120 Water Audits, Inc. in an amount not to exceed $47 ,020.00 per year for additional mailing services related to water service line inventory compliance . PASSED and APPROVED on September 3 , 2024 Attest: Page 1 AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES between 120 WATER , INC. and CITY OF FAYETTEVILLE , ARKANSAS 1 This First Amendment ("First Amendment" is made effective as of the "Amendment Effective Date " set forth below to the AGREEMENT for Professional Services passed and approved and made effective on April 2, 2024 (the "Agreement"), between the CITY OF FAYETTEVILLE (hereinafter called "CITY") and 120 WATER , INC. (formerly known as 120 WATER AUDIT, INC ., hereinafter called "120Water"). The Agreement is hereby amended as follows , and CITY hereby authorizes 120Water to proceed with the Additional Services defined and described herein : Section I -Project Description Under the Agreement, the CITY retained 120Water to provide water service line inventory compliance Services. The Project included LCRR Inventory compliance assistance including support for inventory building , verification , database management, sampling and communications to maintain compliance with state and federal guidelines related to LCRR. It has since been determined that additional annual notification resources are required by the request of the CITY. Section II -Scope 120Water shall continue to provide assistance in Inventory Building utilizing the procedures identified in the original Scope of Services of the Agreement. 120Water shall additionally make available and provide support for the designing and sending of Annual Notification Letters , as set forth in Exhibit A , attached hereto and incorporated herein (the "Additional Services") .. Section Ill -Time of Service 120Water will proceed with providing the Additional Services immediately upon execution of this Authorization and on an annual basis for a minimum of two years from the Amendment Effective Date. Section IV -Compensation CITY shall compensate 120Water for providing the Additional Services a total annual sum not to exceed $47 ,020 , as provided in Exhibit A. In consideration of the mutual covenants and Agreements herein contained , the CITY and 120Water stipulate and agree that the Agreement is hereby amended as set forth herein and as .....a CITY OF ~~ FAYETTEVILLE ,,. ARKANSAS MEETING OF SEPTEMBER 3, 2024 TO: THRU: FROM: Mayor Jordan and City Council Susan Norton, Chief of Staff Tim Nyander, Utilities Director CITY COUNCIL MEMO 2024-440 SUBJECT: 120 Water Audits, Inc. -Amendment No. 1 for Water Service Line Inventory Compliance RECOMMENDATION: Staff recommends approval of Amendment No . 1 in an amount not to exceed $47 ,020 .00 with 120 Water Audits , Inc . for additional services related to the water service line inventory compliance. BACKGROUND: EPA revised the Lead and Copper Rule in 2021 . This rule is known as the Lead and Copper Rule Revisions (LCRR). It improves the protection of children and communities from lead exposure by sampling schools and daycare facilities, removing lead service lines, and empowering communities through public education . The LCRR establishes a compliance deadline of October 16 , 2024 , for water systems to complete their initial service line inventories. EPA announced on December 16 , 2021 , that they will begin developing a new regulation, the Lead and Copper Rule Improvements (LCRI), to strengthen key elements of the LCRR. EPA plans to finalize the rule in the summer of 2024 , and the estimated compliance deadline for the LCRI is the summer or fall of 2027 , three years after the effective date of the rule . On February 9, 2024, the City of Fayetteville conducted a formal Engineering Selection meeting. 120Water was selected to negotiate an Engineering Services contract for LCRR Inventory compliance assistance (RFQ 24-01 , Selection #5). Resolution 114-24 approved a contract for a cloud-based database and web map which will be used to populate the State 's template for submitting the inventory in October for minimum compliance with the rule . DISCUSSION: After the October 16 , 2024 inventories are successfully submitted , individual notification letters must be sent to all properties with an identified lead service line or an "unknown " service line material. This amendment will provide funding for 120Water to provide this mailing service . 120Water will work with City staff to custom build letters and information packets and the handle all aspects of printing and mailing to adhere to required timelines and audit records . The existing service contract is based on annual fees and this amendment will similarly be an annual fee comprised of a base fee for the software service and a per-mailer fee for the notification letters . Staff recommends approval of Amendment No . 1 to the Professional Services Agreement with 120 Water Audits , Inc. (120Water) for additional services related to water service line inventory compliance in the amount of $47 ,020 .00 . Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov BUDGET/STAFF IMPACT: Funds are available in the Water System Rehabilitation/Replacement account. ATTACHMENTS: SRF (#3), Amendment No . 1 (#4) Mailing address : 113 W . Mountain Street Fayetteville, AR 72701 www. fayettevi lie -a r.gov City of Fayetteville, Arkansas Legislation Text File #: 2024-440 113 West Mountain Street Fayetteville , AR 72701 (479) 575-8323 120 Water Audits, Inc. -Amendment No. 1 for Water Service Line Inventory Compliance A RESOLUTION TO APPROVE AMENDMENT NO. I TO THE PROFESSIONAL SERVICES AGREEMENT WITH 120 WATER AUDITS , INC. fN AN AMOUNT NOT TO EXCEED $47 ,020.00 PER YEAR FOR ADDITIONAL SERVICES RELATED TO WATER SERVICE LINE INVENTORY COMPLIANCE WHEREAS , on April 2, 2024, City Council passed Resolution No. 114-24 approving a Professional Services Agreement with 120 Water Audits, Inc. for water service line inventory compliance services; and WHEREAS, Amendment No. I will provide for mailing services for the individual notification letters that must be sent to all properties with an identified lead service line or an unknown service line material. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment No . I to the professional services agreement with 120 Water Audits , Inc. in an amount not to exceed $47,020.00 per year for additional mailing services related to water service line inventory compliance. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-440 Item ID 9/3/2024 City Council Meeting Date -Agenda Item Only N/ A for Non-Agenda Item 8/15/2024 Submitted Date Action Recommendation: WATER SEWER (720) Division/ Department Staff recommends approval of Amendment No. 1 in an amount not to exceed $47,020.00 with 120 Water Audits, Inc . for additional services related to the water service line inventory compliance. Budget Impact: 5400. 720.5600-5314 .00 Water and Sewer Account Number Fund 12009 .1 Water System Rehabilitation/Replacement Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 14,233,263.00 Expenses (Actual+Encum) $ 13,895,399.08 Available Budget Is 337,863.92 1 Does item have a direct cost? Yes Item Cost $ 47,020.00 Is a Budget Adjustment attached? No Budget Adjustment $ Remaining Budget Is 290,843.92 I V20221130 Purchase Order Number: New PO Previous Ordinance or Resolution # 114-24 Change Order Number: Approval Date: Original Contract Number: Comments: AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES between 120 WATER , INC. and CITY OF FAYETTEVILLE , ARKANSAS 1 This First Amendment ("First Amendment" is made effective as of the "Amendment Effective Date " set forth below to the AGREEMENT for Professional Services passed and approved and made effective on April 2, 2024 (the "Agreement"), between the CITY OF FAYETTEVILLE (hereinafter called "CITY") and 120 WATER , INC. (formerly known as 120 WATER AUDIT, INC ., hereinafter called "120Water"). The Agreement is hereby amended as follows, and CITY hereby authorizes 120Water to proceed with the Additional Services defined and described herein : Section I -Project Description Under the Agreement , the CITY retained 120Water to provide water service line inventory compliance Services . The Project included LCRR Inventory compliance assistance including support for inventory building , verification , database management , sampling and communications to maintain compliance with state and federal guidelines related to LCRR. It has since been determined that additional annual notification resources are required by the request of the CITY. Section II -Scope 120Water shall continue to provide assistance in Inventory Building utilizing the procedures identified in the original Scope of Services of the Agreement. 120Water shall additionally make available and provide support for the designing and sending of Annual Notification Letters , as set forth in Exhibit A , attached hereto and incorporated herein (the "Additional Services ") .. Section Ill -Time of Service 120Water will proceed with providing the Additional Services immediately upon execution of this Authorization and on an annual basis for a minimum of two years from the Amendment Effective Date . Section IV -Compensation CITY shall compensate 120Water for providing the Additional Services a total annual sum not to exceed $47 ,020 , as provided in Exhibit A. In consideration of the mutual covenants and Agreements herein contained, the CITY and 120Water stipulate and agree that the Agreement is hereby amended as set forth herein and as described in Exhibit A . All other provisions of the Agreement remain in full force and effect. IN WITNESS THEREOF, the parties hereto have caused this First Amendment to be executed and made effective this 3-day of S-ep :, 2024 (the "Amendment Effective Date "). AUT RIZ BY: I ILLE , ARKANSAS 2 By : -,.,,:..._-11,,&-'-'--'-"~..::,,,.....~"'i'-,-,....u-""-/~----------_; Name , _,j mo 1a Jo rci G n fr itle: tJ) C\ 8 0 ( Date : 9 /3/2-0~4 AGREED AND ACCEPTED BY: 120 WATER , INC . By : 1Yzd'2¥'-,0 9°u1~7®-. Name : Melissa Gindlinq / I Title : Vice President, Account Management Date Signed : August 13, 2024 END OF FIRST AMENDMENT EXHIBIT A DESCRIPTION OF ADDITIONAL SERVICES AND COMPENSATION Pricing Terms for Invoicing: Not-to-Exceed Original Annual Contract Price: $55 ,000 First Amendment Additional Services Annual Price: $47 ,020 Not-to-Exceed Total Annual Price (Original Annual Contract + First Amendment): $102 ,020 Products & Services Quantity Unit Price Total per Year Original Services LCRR Managed Services 1 $20 ,000.00 $20 ,000 .00 LCRR Coaching & guidance through Inventory Build i ng , Verification , on-going Management , Sampling and Communication . 120Water will provide assistance in Inventory Building through the normal ization of CSV & Excel data exports to create a concise list of service locat ions and the asset records to coincide . Material Classifications are the responsibility of the CITY, but 120Water and the CITY will work together to identify best practices for identifying those materials. PWS Pro 1 $35 ,000.00 $35 ,000.00 PWS application with Inventory, Program & Event Management & Workflows Subtotal $55 ,000.00 Additional Services Standard Letters 21 ,000/ $2 .12 $44 ,520 .00 Standa rd Letters (up to 4 pages color) year Comms + PTO Module 1 $2 ,500 .00 $2 ,500 .00 Communications & PTO Module added to PWS 3 4 Pro -Enables Designing and Sending of Letters , Postcards & Publicly Available Service Line Map Subtotal $47 ,020.00 Total Annual Price $102 ,020.00