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Home My WebLink About088-26 RESOLUTION1 13 West Mountain Street Fayetteville, AR 72701 (479) s7s-832s Resolution: 88-26 File Number: 202G994 A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH 120 WATER, INC. rN AN AMOUNT NOT TO EXCEED $84,500.00 FOR ADDITIONAL SERVICES RELATED TO WATER SERVICE LINE INVENTORY COMPLIANCE WHEREAS, on April 2, 2024, City Council passed Resolution No. I 14-24 approving a Professional Services Agreement with 120 Water, Inc. for water service line inventory compliance services; and WHEREAS, on September 3,2024, City Council passed Resolution 222-24 approving Amendment No. I for mailing and notification services related to the inventory; and WHEREAS, Amendment No. 2 will provide funds for continuing support of the web-based inventory map and sampling assistance on an as-needed basis to supplement city staff efforts. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCTT, OF THE CITY OF FAYETTEVILI,E, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign Amendment No. 2 to the professional services agreement with 120 Water, Inc. in an amount not to exceed of $84,500.00 for additional services related to water service line inventory compliance. PASSED and APPROVED on Aprll 7,2026 Approved:Attest Rawn,Kara Paxton, City C C). a a a Page 7 AYI AH CITY COUNCIL MEMO 2026-994 MEETING OF APRIL 7, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Amendment No. 2 to the Professional Services Agreement with 120 Water, Inc. for Water Service Line Inventory Compliance RECOMMENDATION: Staff recommends approval of Amendment No. 2 to the Professional Services Agreement with 120 Water, Inc. for additional services related to water service line inventory compliance in the amount of $84,500.00 for one year. 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 established a compliance deadline of October 16, 2024, for water systems to complete their initial service line inventories, which Fayetteville completed successfully. 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. These new requirements revolve around additional sampling in key areas of the water system with deadlines beginning in 2027. Resolution 114-24 approved a contract with 120Water for LCRR Inventory compliance assistance using a cloud-based database and web map which must be kept available online for the public to view if desired. Resolution 222-24 approved Amendment No. 1 associated with required mailing and notification services related to this inventory. DISCUSSION: Amendment No. 2 will provide funds for continuing support of the web-based inventory map and will be expanded to provide sampling assistance on an as-needed basis to supplement city staff efforts. The existing service contract is based on annual fees and this amendment will similarly be an annual fee comprised of base fees for the software service, inventory management, sampling management, and a per- sample fee for the compliance sampling. The fee for Amendment No. 2 is $84,500.00 for a term starting 4/2/26 through 4/1/27. BUDGET/STAFF IMPACT: Funds are available in the Water System Rehabilitation/Replacement account. Mailing address: 113 W. Mountain Street www. fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: 3. Staff Review Form, 4. Amendment No. 2 Mailing address: 113 W. Mountain Street www. fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Legislation Text File #: 2026-994 A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH 120 WATER, INC. IN AN AMOUNT NOT TO EXCEED $84,500.00 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, Inc. for water service line inventory compliance services; and WHEREAS, on September 3, 2024, City Council passed Resolution 222-24 approving Amendment No. 1 for mailing and notification services related to the inventory; and WHEREAS, Amendment No. 2 will provide funds for continuing support of the web-based inventory map and sampling assistance on an as-needed basis to supplement city staff efforts. 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 Rawn to sign Amendment No. 2 to the professional services agreement with 120 Water, Inc. in an amount not to exceed of $84,500.00 for additional services related to water service line inventory compliance. Page 1 City of Fayetteville Staff Review Form 2026-994 Item ID 4/ 7/ 2026 City Council Meeting Date -Agenda Item Only N/ A for Non-Agenda Item Tim Nyander 3/ 17/ 2026 WATER SEWER ( 720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of Amendment No. 2 to the Professional Services Agreement with 120 Water, Inc. for additional services related to water service line inventory compliance and sampling services in the amount of 84,500.00 for one year. Budget Impact: 5400. 720. 5600- 5314. 00 Water & Sewer Account Number Fund 12009. 1 Water System Rehabilitation/ Replacement Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 7,898, 619. 00 Expenses ( Actual+ Encum)$ 3,663, 566. 73 Available Budget $ 4,235, 052. 27 Does item have a direct cost? Yes Item Cost $ 84, 500. 00 Is a Budget Adjustment attached? No Budget Adjustment $- Remaining Budget $ 4,150, 552. 27 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 114-24, 222-24 Change Order Number: Approval Date: Original Contract Number: Comments: AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES between 120 WATER, INC. and CITY OF FAYETTEVILLE, ARKANSAS This Second Amendment (In accordance with the AGREEMENT for Professional Services passed and approved on April 2, 2024, between the CITY OF FAYETTEVILLE (hereinafter called CITY) and 120 WATER, INC. ( hereinafter called 120Water), CITY hereby authorizes 120Water to proceed with the following services: 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/I. It has since been determined that additional sampling services 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 the AGREEMENT. 120Water shall additionally make available and provide support for the management of LCR Facilities (Schools & Daycares) Sampling Programs. Section III -Time of Service 120Water will proceed with providing the renewal services set forth herein on 04/02/2026 for one year through 04/01/2027. Section IV -Compensation CITY shall compensate 120Water for providing these services a total annual sum not-to exceed $ 84,500, as provided in the Compensation Table, EXHIBIT A, herein provided. In consideration of the mutual covenants and Agreements herein contained, the CITY and 120Water stipulate and agree that the Agreement for Professional Services dated April 2, 2024, is hereby amended as described in Exhibit A, attached hereto and made part of this agreement. All other provisions of the original Agreement remain in full force and effect. lN WITNESS THEREOF, the parties hereto have caused this AGREEMENT to be executed this day of ,20_. AUTHORIZED BY: C LLE, ARKANSAS By: Name:lvlollv Rawn Title: Mavor Date: 04107 12026 ACCEPTED BY: 120 WATER, INC By: GT a4?.t,+t Name:Craio Herman Title:Chief Revenue Officer Date 02127 t2026 END OF AMENDMENT EXHIBIT A – COMPENSATION Pricing Terms for Invoicing: Platform and Services fees ($64,500) will be billed on April 2, 2026 and will be due net 30 days from the Invoice Date. Sampling kits and analysis will be billed monthly, in arrears based on actuals according to unit pricing provided herein. Original Annual Contract Value: $55,000 Amendment Annual Value: $64,500 Not-to-Exceed Total Annual Cost: $84,500 Contract Dates: 04/02/2026 -04/01/2027 Products & Services Quantity Unit Price Annual Price PWS Platform 1 $ 38,500 $ 38,500.00 PWS application with Inventory, Program & Event Management & Workflows LCRR/I Managed Service 1 $ 20,000 $ 16,000.00 LCRR/I Coaching & guidance through Inventory after $4,000 Building, Verification, on-going Management, discount Sampling and Communication. Our team will provide assistance in Inventory Building through the normalization of CSV & Excel data exports to create a concise list of service locations and the asset records to coincide. Material Classifications are the responsibility of the water system but we will work together to identify best practices for identifying those materials. Facilities Sampling Managed Services 1 $ 10,000 $ 10,000.00 End-to-end LCR Compliance and Facilities Sampling program management with support for centralized data management, sample kit and lab coordination, and consumer communication strategy. Total invoiced annually $ 64,500.00/year 2-250 Childcare Facilities Kits TBD $ 35.60/ea TBD Water testing kit with 2 -250ml kits for Childcare Facilities sampling. Kit pricing includes EPA approved bottles, shipping fees, return postage, pre-printed instructions and additional inbound/outbound comms up to 5 touchpoints. 5-250 School Facilities Kits Water testing kit with 5 -250ml kits for School Facilities sampling. Kit pricing includes EPA approved bottles, shipping fees, return postage, pre-printed instructions and additional inbound/outbound comms up to 5 touchpoints. TBD $ 42.22/ea TBD 1 Bottle Lead & Copper Test Lead & Copper analytes testing for 1 bottle via 120Water preferred lab TBD $ 42.86/ea TBD Contingency Not-to-Exceed budget for consumables, invoiced monthly in arrears based on actuals 20,000.00/year