HomeMy WebLinkAbout23-85 Approving Agreement 120 Water Audit Inc for a Service Line Industry 08-23-2023RESOLUTION NO. 23-85
A RESOLUTION OF THE BOARD OFTRUS'YEES OFTHE TOWN OF
FIRESTONE, COLORADO APPROVING AN AGREEMENT BETWEEN
JJJE TOWN OF FIRESTONE AND 120'WATER AUDIT INC FOR A
SERVICE LINE INVENTORY
W1 lf--"Rf-',AS, as a water provider the "fown of f,"irestone ("I'own-) must, to compvifll
the L"tivirl-mlirental, Protection Agency's (-'EI)A'*) Lead and CopperRules prepare and maintain
an inventory of'service line materials by October 16.2024: and
WI-11Rl,-" 120 Water Audit Inc is the only supplier who can time meet, all of the
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`fown's specifications and reel Uirements riecessar to mply with the ETA's rules and service
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requirements., and
` 'Hl,-"Rl:,'AS staff thus recorrinictids that the Board cat` l"nistees approve the Agreement for
SCI°ices Willi 120 Water Inc.
NOW,T[IF ' BEITR"SOLVE D BY "'ME 130AIM CAI" TRLISTEES OFTHE
TOWN 01: f,"IRESTON11"',
The Agreenient for Services between the 'fown off"irestorte and 120 Water Audit Inc to
prepare and maintain an Inventory ol'service litre materials is aP proved in substantially the same
lbriar as the copy attached hereto and made a part ol'this resolution and the Mayor is authorized
10 CXMae. the Agreement oil behalf "file
INTRODLICE11). RE'AD AND ADOPTED this 23 day ofAugust, 2023.
Alan Peterson. N,,Iav(,)r
_mN##iT1 I:1kiIi&I V4ZDEli
THIS AGREEMENT FOR SERVICES (the "Agreement") is made and entered into this 23rd day of August,
2023 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation
with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town"), and 120 Water Audit, Inc.,
dibia 120 Water, an independent contractor with a principal place of business at 250 S. Elm Street,
Zionsville, Indiana 46077 ("Contractor") and provides services as follows:
1. SCOPE OF SERVICES
A. Contractor shall provide to the Town certain services described in Scope of Services set
forth in Exhibit A, attached hereto and incorporated herein by this reference and known as: Lead and
Copper Inventory Project. Furthermore, Contractor shall furnish all labor, equipment, supplies and
materials required for the complete and prompt execution and performance of all duties, obligations, and
responsibilities which are described or reasonably implied from the Scope of Services.
B. A change in the Scope of Services shall not be effective unless authorized as an
amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall
be deemed to have waived any claim for additional compensation, including a claim based on the theory of
unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent,
employee, or representative of the Town is authorized to modify any term of this Agreement, either directly
or implied by a course of action.
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A. This Agreement shall commence on the Effective Date and shall have an initial term of two
years from the effective date. Upon expiration of the initial term, this agreement shall automatically renew
for a period of two years.
B. Either Party may serve the other with notice of a desire to amend, supplement, or
renegotiate specific section(s) of this agreement, in whole or in part. Such notice shall be provided in writing
by either Party to the other not more than Sixty (60) calendar days prior to the anniversary date of this
Agreement.
111. COMPENSATION
A. In consideration for the completion of the Scope of Services by Contractor, the Town shall
pay the Contractor a fixed sum not to exceed $50,000.00. This amount shall include all fees, costs and
expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs
and expenses. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of
receipt.
B. The Town will make payment due to Contractor for compensation for completed services
within thirty (30) days after invoices submitted by Contractor, which invoice(s) may not be submitted more
frequently than monthly. Invoices shall include the basis upon which payment is requested, such as
percentage of the Project completed, or actual time, materials and expenses. The Town shall submit
invoice disputes, if any, to Contractor within thirty (30) days for resolution by mutual consent.
C. Set -Off: In addition to any other rights the Town has under this Agreement to
indemnification or recoupment, Contractor agrees that the Town is entitled to set off any amounts it may
owe Contractor under this Agreement against such claims for indemnity or recoupment.
IV. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the
services described herein and has all requisite corporate authority and licenses in good standing, required
by law. The work performed by Contractor shall be timely and in accordance with generally accepted
practices and the level of competency presently maintained by other practicing contractors providing the
same or similar type of services in the applicable community.
B. The Town's review, approval or acceptance of, or payment for any services shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of
the performance of this Agreement.
C. Contractor shall at all times comply with all applicable law, including without limitation all
current and future federal, state and local statutes, regulations, ordinances and rules relating to: the
emission, discharge, release or threatened release of a Hazardous Material into the air, surface water,
groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal,
transportation, handling, removal, remediation or investigation of a Hazardous Material; and the protection
of human health, safety or the indoor or outdoor environmental, including without limitation the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq.
("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource
Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15
U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal
Water Pollution Control Act; the Occupational Safety and Health Act; all applicable environmental statutes
of the State of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions, codes,
rules, regulations, orders or decrees regulating, relating to, or imposing liability or standards of conduct
concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time
hereafter in effect.
V. OWNERSHIP; DATA
A. Any materials, items, and reports specified in the Scope of Services as being deliverables
(but excluding the user guides and specifications for the SaaS services that are made available from time
to time by Contractor in electronic or tangible form, and excluding any sales or marketing materials)
(collectively, "Deliverables") shall be exclusively owned by the Town. Contractor expressly acknowledges
and agrees that all Deliverables provided under the Scope of Services constitutes a "work made for hire."
To the extent, if at all, that the Deliverables do not constitute a "work made for hire," Contractor hereby
transfers, sells, and assigns to the Town all of its right, title, and interest in such Deliverables. The Town
may, with respect to all or any portion of such Deliverables, use, publish, display, reproduce, distribute,
destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or
receiving consent from Contractor.
B. Feedback. If Town provides or otherwise makes available to Contractor any feedback,
suggestions, recommendations, data, or other input regarding the Contractor Platform, Services, or
Documentation, or resulting from Town's use thereof (collectively, "Feedback"), Town agrees to and does
hereby assign to Contractor all right, title, and interest in and to all Feedback. Contractor shall not publically
identify Town in any use of the Feedback. Town has no responsibility or liability for any Feedback or for
Contractor's use thereof. Contractor agrees to indemnify, defend, and hold harmless Town for any use by
Contractor of any Feedback.
C. Improvements. Contractor shall own all rights, title and interest, including all intellectual
property rights, in and to Contractor's proprietary online hosted software platform, website, operating
systems, hardware, and other technical resources used by Contractor to provide the Services (which
Services include developing, training, testing, correcting, and improving the Contractor Platform, such
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activities for which may include the use of Town Data), and all new programs, upgrades, modifications, or
enhancements the foregoing developed by Contractor in connection with rendering the Services to Town.
D. Ownership and_ Use -of Data.
(i) Definitions. "Town Data" means all electronic data (including, but not limited to,
Personal Information, as defined under applicable data privacy law) uploaded by Town to the Contractor
Platform. "Derivative Data" means collectively, (i) information derived or generated from or based on Town
Data, but not containing Town Data, (ii) Town Data which has been de -identified or anonymized so that it
no longer identifies a specific individual; and, (iii) Town Data which has been aggregated with other data
but which no longer identifies a specific individual or Town. "Usage Data" means statistical data related to
Town's access to and use of the SaaS Services and data derived from it, that is used by Contractor,
including to compile statistical and performance information related to the provision of the Services and
operation of the Contractor Platform. "Contractor Platform" means Contractor's proprietary online hosted
software platform, website, operating systems, hardware, and other technical resources used by Contractor
to provide the SaaS services.
(ii) Ownership of Town Data. As between Town and Contractor, Town owns all Town
Data.
(iii) Use of Town Data. Town hereby grants Contractor and its contractors a limited,
nonexclusive right and license to use all Town Data during this Agreement, and, after expiration or
termination as permitted herein.
(iv) Derivative Data and Usage Data. Contractor shall irrevocably own all Derivative
Data and Usage Data and may use or disclose it in any way it chooses. This Section xxx shall survive any
expiration or termination of this Agreement.
(v) Use of Town Data after Expiration or Termination. Upon Town's request within
thirty (30) days after the expiration or termination of this Agreement, Contractor will provide Town with a
copy of Town Data held by Contractor. Upon expiration of such thirty (30) day period, Contractor shall
convert Town's account to an inactive status. Contractor may, but shall not be obligated to, delete all Town
Data after Town's account converts to inactive status. The confidentiality obligations as are set forth in this
Section xxx shall remain in force and effect at all times during this Agreement, and (i) with respect to
Confidential Information that constitutes a trade secret under applicable law, for so long as such trade
secret status has not been lost; and (ii) with respect to Confidential Information that does not constitute a
trade secret, for five (5) years after termination or expiration of this Agreement, and (iii) with respect to
personal data (i.e., Town Data which identifies a specific identifiable individual) held by Contractor, forever.
VI. INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of this Agreement,
all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and
remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no
representation that it is a Town employee for any purposes. Contractor understands that Contractor is not
entitled to unemployment insurance benefits from the Town. Contractor shall be responsible for payment of
all taxes, including federal, state and local taxes arising out of Contractor's activities under this Agreement,
including, by way of illustration but not limitation, federal and state income tax, social security tax,
unemployment insurance taxes, and any other taxes or business license fees as required.
VI1. INSURANCE
A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by
Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and
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shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with
forms and insurers acceptable to the Town.
1. Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single limits of $1,000,000
each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises
and operations, and shall include coverage for bodily injury, broad form property damage, personal
injury (including coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests provision, and shall
include the Town and the Town's officers, employees, and contractors as additional insureds. No
additional insured endorsement shall contain any exclusion for bodily injury or property damage
arising from completed operations.
B. Such insurance shall be in addition to any other insurance requirements imposed by law.
The coverages afforded under the policies shall not be canceled, terminated or materially changed
without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the
necessary retroactive dates and extended reporting periods shall be procured to maintain such
continuous coverage. Any insurance carried by the Town, its officers, its employees, or its
contractors shall be excess and not contributory insurance to that provided by Contractor.
Contractor shall be solely responsible for any deductible losses under any policy.
C. Contractor shall provide to the Town a certificate of insurance as evidence that the
required policies are in full force and effect. The certificate shall identify this Agreement.
VIII. INDEMNIFICATION; LIMITATION OF LIABILITY
A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability,
damages, losses, expenses and demands, including attorney fees, by any third party on account of injury,
loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are
in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part
by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any
subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise
out of a worker's compensation claim of any employee of Contractor or of any employee of any
subcontractor of Contractor.
B. Except for intellectual property infringement, breach of confidentiality, and indemnification
obligations, in no event shall Contractor's total aggregate liability arising out of or related to this Agreement,
whether in contract, tort or under any other theory of liability, exceed the amounts paid by the Town under
the Order Form for the Services for which liability is claimed in the twelve (12) months immediately
preceding the incident giving rise to liability.
C. Exclusion of Consequential Damages. Except for intellectual property infringement, breach
of confidentiality, and indemnification obligations, and notwithstanding anything to the contrary in this
Agreement, the parties expressly agree that in no event shall Contractor have any liability to Town for any
lost profits or for any indirect, special, incidental, punitive, consequential or special damages of any kind or
nature however caused, including without limitation damages for loss of goodwill, substitute goods or
services, work stoppage, data loss, lost profit or computer failure, incurred by Town or any third party,
whether in contract, tort or under any other theory of liability, whether or not town has been advised of the
possibility of such damages.
IX. WORKER WITHOUT AUTHORIZATION
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A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time
of this certification, it does not knowingly employ or contract with a worker without authorization, as that
term is defined in C.R.S. § 8-17.5-101(9), as amended, who will perform work under this Agreement and
that Contractor will participate in either the E-Verify Program administered by the U.S. Department of
Homeland Security and Social Security Administration or the Department Program administered by the
Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who
are newly hired to perform work under this Agreement.
B. Prohibited Acts. Contractor shall not knowingly employ or contract with a worker without
authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, to perform work under this
Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with a worker without authorization, as that term is
defined in C.R.S. § 8-17.5-101(9), as amended, to perform work under this Agreement.
C. Verification.
1. If Contractor has employees, Contractor has confirmed the employment eligibility of all
employees who are newly hired to perform work under this Agreement through participation in
either the E-Verify Program or the Department Program,
2. Contractor shall not use the E-Verify Program or Department Program procedures to
undertake pre -employment screening of job applicants while this Agreement is being
performed.
3. If Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with a worker without authorization, as that term is
defined in C.R.S. § 8-17.5-101(9), as amended, who is performing work under this Agreement,
Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has
actual knowledge that the subcontractor is employing or contracting with a worker without
authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is
performing work under this Agreement; and terminate the subcontract with the subcontractor if
within 3 days of receiving the notice required pursuant to subsection 3 hereof, the
subcontractor does not stop employing or contracting with the worker without authorization
who is performing work under this Agreement; except that Contractor shall not terminate the
subcontract if during such 3 days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with a worker without authorization,
as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing work under
this Agreement.
C. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the
Colorado Department of Labor and Employment made in the course of an investigation conducted
pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this
Agreement.
X. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado,
and any legal action concerning the provisions hereof shall be brought in Boulder County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this
Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this
Agreement.
C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all
prior oral or written communications.
D. Third Parties. There are no intended third -party beneficiaries to this Agreement.
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E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when
directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first
page of this Agreement.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be
unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and
effect.
G. Modification. This Agreement may only be modified upon written agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be
assigned by either Party without the written consent of the other, provided that Contractor may assign,
convey, or transfer (whether by contract, merger or operation of law) (collectively "assign" and its
cognates) any or all of its rights or obligations under this Agreement, whether by operation of law or
otherwise, in connection with a merger, acquisition, corporate reorganization, or sale of all or
substantially all of Contractor's assets or equity, provided that (a) if the assignee cannot provide Town
with adequate written assurances of performance reasonably acceptable to Town, or (b) if the assignee
is an entity with whom Town is prohibited by law or regulation from conducting business, then Town
may terminate this Agreement.
I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do
not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other
rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or
employees.
1 Rights--and-Remedies. The rights and remedies of the Parties under this Agreement are in addition to
any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit
the Parties' legal or equitable remedies, or the period in which such remedies may be asserted, for
work negligently or defectively performed.
K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any
financial obligation of the Town not performed during the current fiscal year is subject to annual
appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory
charge, requirement, debt or liability beyond the current fiscal year.
L. Force Maieure. No Party shall be in breach of this Agreement if such Party's failure to perform any of
the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to
undertake or perform any of the duties under this Agreement due to acts of God, floods, storms, fires,
sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of
government or pandemics.
M. Representative Author. Each person signing this Agreement represents and warrants that he or she
is duly authorized and has the legal capacity to execute the Agreement.
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EXHIBIT
SCOPE OF WORK
Contractorjj2ULigs
During the term of this Construction Contract, t, Contractor r shall perform the following
duties, asdirected by the Town-
* See attached Firestone, tone, 'C Lead Serviceare tv ntor OW,
* See attached Firestone, CO Service Line Inventory -Products c Services Fecs
(t ,57 t,00 forPro-Public ors System and professional Services).
See attached 120Water Constunables Gist Pricing (up to $ 1, A00 only with prior
approval from the Town of F° re tone' Project Manager).
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Contractor's Duties
During the term of this Construction Contract, Contractor shall perform the following duties, as
directed by the Town:
• See attached Firestone, CO Lead Service Line Inventory SOW.
• See attached Firestone, CO Service Line Inventory -Products & Services Fees ($18,570.00
for Pro -Public Works System and Professional Services).
• See attached 120Water Consumables List Pricing (up to $31,430.00 only with prior
approval from the Town of Firestone's Project Manager).
120W ter TM
FilesnCO l"rtoe,
Proposal: Service Line Inventory
S.,,,'tbmission Tcx
Julie Pasillas
Public Works Director
Firestone, CO
Respo,me Subnfijitter'il By,,
120Water
250 S Elm Street
Zionsville, IN 46077
120Water.com
Prinnmry Contact
Inside Sales Representative
eric.mischnick@120water.com
(402) 429-8554
Service Line
Inventory
|nfrndUrfoO:
Service line inventories are the foundation from which water systems take action to address a
significant source of lead in drinking vvater- lead service Unma /LSLa\. Establishing an inventory
of service line materials and identifying the location of LSLs is a key step in getting them
replaced and protecting public health. The service line inventory iGalso 8key step for lead free
systems that donot have any LGLetoprove that they are lead free through the inventory
process.
Acomprehensive and accurate inventory has many additional benefits beyond regulatory
CVmnp|i@nD9. Inventorying service line mn8|eh8| permits notification k]consumers about potential
lead risks affecting them, which can facilitate customer actions to reduce lead in drinking water,
including flushing, use Offilters certified tOreduce lead, and customer -initiated LSLFl.
Inventories allow water systems to publicly track their pnDgne8S on LGL identification and
nep|8CeDleOt, engaging the community and enhancing transparency. Inventories can also help
water systems and consumers determine the onunne of high lead levels in drinking water at o
home or building and the possible solutions for reducing exposure. Inventories can also make
LSLRprogreme more efficient. Even incomplete inventories may create cost -saving
opportunities for water systems by better targeting locations served by LSLs, stretching the
V@|Ue of internal O[external funding that water systems receive, such as from the B}L. In
addition, service line inventories can help inform decisions for other drinking vvotor rules and
could inform future needs surveys and potential future costs.
The LCRR requires CWSs and NTNCWSs to develop @ publicly available service line inventory
that includes nn@teh@| C|aSGifiC8tOnS (Lead, Galvanized Requiring Replacement /GF<R\'
MOQ-L88d' or Lead St8tUS UOknOVVD) Of all service UQeS connected to 8 public water distribution
SvateOO /40 CFFl &141.84/a\(2)). This inventory must define service line ownership, and where
dual ownership applies, materials must bedefined Onboth the PVVSand customer portion 0fthe
line to 8CCu[8te|y provide @ single C|aSSifiC@tiOO per service line.
The TbVvD of Firestone, CO and 120VVGte[8[e entering into an agreement to CQU@bO[ate and
develop 8 P[8|i0iD8[y Service Line Inventory. A Preliminary Service Line Inventory O[Records
Based Inventory, is an initial evaluation Of all nRCOrdS that are pUb|iC@||y available and widely
available within the Utility. Establishing G PnB|iDliO@ry Service Line Inventory is the first step in
achieving CODlp|i8OCe with Revised Lead and Copper Rule. The objective Of this scope of work
is to establish G Preliminary Service Line Inventory within the defined term dUr8UOD.
Scope of Wcrk:
Deve!oping a preliminary inventory is Phase I of the LSLI process. The goal is to identify, gather,
crganize, clean and categorize the data appropriately for Implementation into the 120Water
Platform. mere is the process describing the various sections for Phase I of the LSLI process
• The Consider section outlines the steps that follow once we work with the client to
identify data sources and receive the data from the client
• The Ciean section details steps for bringing the data into a coding` environment and
preparing the data so that it can be combined
• The Combine section details steps for merging data from differentsources into'a
centralized LSLI data source. !t is likely that the clean and combine processes will
overlap when interacting with the data
• The Verify section outlines the steps for organizing the data so that Verify can be
budgeted and prioritized
Consider
The first step is to determine the best way to pull together the data set by leveraging some
unique combination of the data sources that were previously identified. The goal is to consider
"combine potential" by taking a closer look at the data. When developing a records -based LSLI,
the current LCRR language permits the following as records:
(i) All construction and plumbing codes, permits, and existing records or other documentation
which indicates the service line materials used to connect structures to the distribution system.
(ii) All water system records, including distribution system maps and drawings, historical records
on each service connection, meter installation records, historical capital improvement or master
plans, and standard operating procedures.
(iii) All inspections and records of the distribution system that indicate the material composition
of the service connections that connect a structure to the distribution system.
(iv) Any resource, information, or identification method provided or required by the State to
assess service line materials.
It should be noted that the State may approve other sources of information not listed below for a
system to use in their preliminary inventory. As states come up with their own policies, more
information around these additional, acceptable sources will come to light. EPA is in the process
of drafting and releasing Lead Service Line Inventory Improvements, as those are released, the
Preliminary Inventory may be adjusted.
IN ME
Customer Locations Includes street addresses or
latitude/longitude data
Service Lines
Where the service lines are located, material
type, pipe size
Meter Locations
Where the water meters are located
Meter Type
The type of water meter installed, type of
customer served detected through meter size
(residential versus commercial)
Tax Parcels
Building age and building assessed value
Water Mains
Where water mains are located, material
type, pipe size
Zones/Neighborhoods/Wards
Map of how the city/community is organized,
helps with LSLI prioritization
G S11111111111111111111, r w
4s;s;s;s;s g;s;s;s;s;s;s;s;s;s;
Service Line Repairs
Looking for material installed, date installed to
cross-reference with Ban Dates (1988-1990),
pipe size
Service Line Replacements
Looking for material installed, date installed to
cross-reference with Ban Dates (1988-1990),
pipe size
Meter Repairs
Pipe materials on either side of meter
location, date installed, pipe size
Meter Replacements
Pipe materials on either side of meter
location, date installed, pipe size
Unique Customer ID
Such as a unique account number or other
code used to identify that specific customer
Unique Location ID
Location code, street address, or
latitude/longitude
Customer Type
Residential, Commercial, Industrial Customer
Types
All customer type SLs have to be inventoried
but PWS might want to narrow in on
residential first
Commercial and industrial user SLs are
typically larger and pump a lot of water
through. Lead is not ideal for larger pipes,
lead is better for smaller pipes because of
malleability. Can help prioritize. If the pipe is >
2 inches, then they likely do not have lead
Meter ID
Tax Parcel Identification Number (PIN)
Provides a unique identifier to support data
merge
Home Year Built
Right now we cannot use home built date as
a justification for classifying materials type.
As -built year can be used as a cross
comparison point.
You can cross check as -built with home built
date from the tax parcel data BUT it does not
count/ is not accepted as proof from the EPA
(unknown really if they will accept it/not clear
right now) that an LSL doesn't exist.
One example for where As Builts will be
helpful is for neighborhoods
established1constructed dates. If we can
prove if a neighborhood was built after the
state's lead ban date, then EPA is fine with
that as proof.
Lot Size
Smaller lot is more likely to be associated
with higher levels of lead, correlation with
assessed value
Property Type
Fallback if we do not get this data on
Residential, Commercial, and Industrial from
the client
Latitude/longitude
Location identifier (if client cannot provide this
data)
Street Address
Location identifier (if client cannot provide this
data)
Home Assessed Value
Correlation between home value and
probability of lead in SL and internal plumbing
(the lower the home value, the higher the SL
probability)
Useful for environmental justice
considerations
99 �
Street addresses
Can use street addresses to connect tier site
sample results to specific addresses in our
baseline file
Subdivisions or neighborhoods
Can use this as supplemental information to
help us understand whether or specific
subdivision or neighborhood has a lot of lead
exceedances
Lead concentrations from sample results (ppb
Use this information to help us understand
or ug/L)
the probability of a lead service line
LCR event months and year
Use this longitudinal data to understand how
lead concentrations have evolved over time
and helps us understand the probability of a
lead service line
Clean & Combine
Cleaning and combining the data means to modify, reorganize, and adjust the data in a way that
prepares it for more in-depth analysis. Cleaning and combining data happen simultaneously and
the process used is contingent on the type of data sources provided and how the data is
organized.
120Water Program Consultants will review and analyze all records to determine which locations
in the Twon of Firestone's service area are known to be Lead, Non -Lead, GRR or Unknown
which permits identifying areas where LSL's are most likely to exist.
Verify
At this point in the process, a compliant Service Line Inventory has been reached. The goal of
this stage is to understand the inventory findings and evaluate what the future holds. Through
the Verification Workshop, 120Water will provide a detailed summary with the recommendations
of how to verify lead status unknown given the various methods approved by the EPA but also
the State Agency. Within this report, 120Water will provide a cost analysis for the verification
efforts.
Deliverables:
- 120Water Platform
- Preliminary Service Line Inventory
- Locations Based
- Inventory Classification Report
- Public Transparency Dashboard
Verification of Lead Status Unknown Report
- Draft Budget for Verification
- Recommendation of Verification Methods
Project Milestones/Schedule:
Milestone 1 - Client Kick-off Meeting and Platform Delivery
Host: 120Water Client Success Team
Description: The Client and 120Water have hosted and completed the Project Kick-off meeting.
In this meeting, the 120Water Platform is shown to the Client with invitations being received by
the Client from Client Success. The goal of this meeting is to begin the Client Onboarding
Process and establish the External Knowledge Transfer from the Client to 120Water's Client
Success and Program Consulting Teams.
Result: Project Kick-off Meeting Complete - Timelines and Expectations Established - Platform
Invitation and Delivery
Deliverable: 120Water Platform
Milestone 2 - Data Investigation Call Complete
Host: 120Water Program Consultant
Description: The most important component of 120Water developing a Preliminary Inventory
begins with the external knowledge transfer with an investigation of all of the various data
sources that exist within the utility. It is critically important that the 120Water Program Consultant
identify and familiarize themselves with these data sources so we can begin developing the
Methodology Document as well as internalize the application of organizing, cleaning and
merging these various data sources.
Result: Data Investigation Call is complete and a path forward for transfering identified data
sources to the 120Water Program Consultant.
Milestone 3 - Inventory Evolution through Tax Parcel Data
Host: 120Water Program Consultant
Description: Tax Parcel Data plays a pivotal role in creating a Lead Service Line. Within this
data set includes Nome Age, which is an initial source for identifying lead status unknown per
various state regulations.
Result: First evolution of Inventory Status from unknowns to classified know or likely known
materials
Milestone 4 - Platform Training - Verification Workshop + Workflow
Host: 120Water Client Success
Description: Now that locations and services are loaded into the 120Water Platform, the client
needs to be trained on how to access the platform and how to document any verification efforts
that take place during the preliminary inventory development phase. This is critical for ensuring
all information and data are most up to date.
Result: Client is enabled on how to track information through the platform and directly through
the logbook (offline).
Deliverable: Excel Logbook for Field Services if Platform Access is unavailable
Milestone 5 - Incorporation of Batch 1 of Client Data
Host: 120Water Program Consultant
Description: Applying Batch 1 of Client Data to the Preliminary Inventory inclusive of Tax Parcel
Data. Customer Billing is mandatory to be included in Batch 1 of Client Data.
Result: Tax Parcels overlaid with Customer Billing Locations equate to a robust starting point
for establishing a Lead Service Line Inventory.
Milestone 6 - Baseline Compliant Inventory
Host: 120Water Program Consultant + Client
Description: All Customer Billing Locations have been identified and service lines tied to each
location. Service Line materials may be documented as non -lead or likely non -lead (based on
home age) and unknown. Unknown service line materials are allowed for the initial preliminary
inventory submission.
Result: A preliminary inventory has been established and a plan for further verifying various
records continues.
Milestone 7 - Incorporation of Batch 2 of Client Data
Host: 120Water Program Consultant
Description: All remaining data sources have been identified and evaluated for the
effectiveness of signifying service line material. All records have been cleaned, joined and
imported into the 120Water Platform.
Result: Preliminary Inventory has been completed with the evaluation of all service line records.
Milestone 8 - Preliminary Inventory Delivery & Verification Recommendation
Host: 120Water Program Consultant
Description: The Preliminary Inventory has been finalized with all data imported into the
120Water Platform. Initial findings with a recommended verification plan have been documented
and are ready to be presented to the client.
Result. Client has received the Preliminary Inventory and Verification plan for mitigating lead
status unknown.
Deliverable: Verification of Lead Status Unknown Report
Milestone 9 - Public Transparency Dashboard Created
Host: 120Water Program Consultant
Description: The Public Transparency Dashboard functionality has been turned on in Backoffice
and is ready to be presented to the client.
Result: Given the clients plans for the sharing the service line inventory, location, timing, etc -
this functionality is ready for the client to implement.
Milestone 10 - Verification Go -Live
Host: 120Water Program Consultant + Client
Description: Verification Recommendation has been presented and the client has agreed to
implement a method of verifying lead status unknown.
Result: A method of verification is being implemented by the client for verification.
4 120Water
Comments from Eric Mischnick
Its Name & Description it Price Quantity Term
(months)
Pro - Public Water System $8,S70.00 1 12
Annual subscription PWS Pm package to rnanage prograrns and /year
data. Unlimited users
Professional Services (Assist) $2,500.00 4 12
Consulting and services hours for inventory development and LCRR /year
cornpliancx, (block of 20 hours)
Annual subtotal $18,570.00
Total $18,570.00
Welcome to 120Water! How can
we help with your LCR planning
and compliance efforts?
Contract Start Date: Signature Date
Invoice Terms: Net 30
Billing Street Address: 9950 Park Avenue
Billing City: Firestone
Billing State: CO
Billing Zip Code: 80504
Billing Country: USA
Billing Notes (if applicable):
Eric Mischnick
eric.mischnick@120water.com
110KNIM
Zionsville, IN 46077
US
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Lead Check Swabs
1 Lead Check Swab + Magnet with data
Unit Price
$26.43
capture capabilities
Customer Surveys
Mailed Customer Surveys for customer side
Unit Price
$2.83
data capture
Field Services
Potholing and LSL Inventory Survey per site
(No Permit Required) Includes site pre -site
assessment, potholing and up to four points of
Unit Price per
$2,000
material type verification. Includes standard
Location
restoration of site
Field Services
Visual home inspection of service line.
Includes popping open meter boxes or
inspection of the service line entering the home
Unit Price per
$116.43
and 1 Lead Check Swab + Magnet with data
Location
capture capabilities(If applicable).
Sampling Kits
I Lead & Copper compliance kits with
Unit Price
$34.74
shipping
Sampling Kits
1st and 5th Liter Lead & Copper compliance
Unit Price
$66.09
kits with shipping
Sampling Kits
5-bottle Schools kit with shipping
Unit Price
$39.50
Sampling Kits
2-bottle Schools kit with shipping
Unit Price
$30.48
Pitcher/Filter Kits
Brita LongLast pitcher and filter with shipping
Unit Price
$69.50
Replacement Filters
Brita LongLast replacement filters with
Unit Price
$34.71
shipping
Kit Services
Lab analysis for 1 analyte (pre- or
post -replacement kits, if necessary) and '
Unit Price
$23.00
customer support for sampling process
Kit Services
Lab analysis for 2 analytes (note: 1st and 5th
Liter require analysis for 4 analytes) and
Unit Price
$36.36
customer support for sampling process
Kit Services
Lab analysis for 5 analytes (Schools Kit) and
Unit Price
$90.90
customer support for sampling process
Digitization and Transcribing
Take your paper records, digitize them and
Inquire about a
grab useful information from the document
detailed quote,
to put into the 120Water platform.
Unit Price
will need a
sample of
document
Transcribing
Take your digital document like PDFs and
Inquire about a
quickly scrape pertinent info off of them to
detailed quote,
load into the 120Water platform.
Unit Price
will need a
sample of the
document
*Prices subject to change. Please contact a 120Water Representative for up to elate pricing.