HomeMy WebLinkAbout120 WATER AUDIT, INC.INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INS R(1N L EXPIRES
CITY CLERK {1��
DATE:
N-2023-223
AGREEMENT TO PROVIDE END -TO -END LEAD AND COPPER COMPLIANCE
PROGRAM SOLUTION SERVICES BETWEEN THE CITY OF SANTA ANA AND 120
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' tTHIS AGREEMENT is made and entered into this 12th day of June, 2023 by and between 120
Water Audit, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
("City„).
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N RECITALS
o A. The City desires to retain a Consultant having special skill and knowledge in the
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4 field of end -to -end Lead and Copper Compliance program solutions for the
Public Works Agency for the City.
B. Consultant represents that Consultant is able and willing to provide such services
to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it
is knowledgeable in its field and that any services performed by Consultant under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform the tasks and obligations including all labor, materials, tools,
equipment, and incidental customary work required to fully and adequately complete the
services described and set forth in "Scope of Services — Exhibit A", attached hereto and
incorporated herein by this reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its
services under this Agreement, the rates and charges identified in "Consultant's
Fee Proposal — Exhibit B", attached hereto and incorporated herein by this
reference. The total sum to be expended under the term of this Agreement,
including any extension period(s), shall not exceed $50,000.00, and is comprised
of the base amount of $45,330.00 and a contingency amount of $4,670.00 for any
additional services, to be exercised at the City's sole discretion.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
procedures. Payment need not be made for work which fails to meet the standards
DMS 26232294.10
of performance set forth in the Recitals and Scope of Work, which may
reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June
11, 2024, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for up to one (1) year upon a writing executed by the City Manager
and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant
agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any
claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, a joint venture relationship,
or to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
"Deliverables" means (a) the deliverables (e.g., custom reports) specified in an
applicable Scope of Services (attached hereto or as entered into and signed by both parties during
this Agreement) that are expressly created by Consultant for the City and (b) all reports provided
or made accessible to the City pursuant to the Scope of Services. The City shall own all
Deliverables. Consultant shall own all rights, title and interest, including all intellectual property
rights, in and to Consultant's proprietary online hosted software platform, website, operating
systems, hardware, and other technical resources used by Consultant to provide the Services
(which Services include developing, training, testing, correcting, and improving the platform,
such activities for which may include the use of the City's data), and all new programs, upgrades,
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modifications, or enhancements the foregoing developed by Consultant in connection with
rendering the Services to the City. Consultant shall own all right, title, and interest in and to all
Usage Data. This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all the Deliverables as fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are provided or made accessible by Consultant to City
under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to provide the Services and any Deliverables to the City.
Consultant makes no such representation and warranty in regard to Documents & Data which
were provided to Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data and Deliverables at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance as set
forth below against claims for injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder and the results of that work by the
Consultant, its agents, representatives, employees or subcontractors.
a. Consultant shall not commence work for the City until it has provided evidence
satisfactory to the City that it has secured all insurance required under this Section.
b. Insurance coverage shall be at least as broad as:
(i) Commercial General Liability (CGL): Insurance Services Office
Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury
and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate
limit shall be twice the required occurrence limit.
(ii) Automobile Liability: Insurance Services Office Form Number CA
0001 covering, Code 1 (any auto), or if Consultant has no owned
autos, Code 8 (hired) and 9 (non -owned), with limit no less than
$1,000,000 per accident for bodily injury and property damage.
(iii) Workers' Compensation insurance as required by the State of
California, with Statutory Limits, and Employer's Liability
Insurance with limit of no less than $1,000,000 per accident for
bodily injury or disease.
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(iv) Professional Liability (Errors and Omissions) Insurance
appropriates to the Consultant's profession, with limit no less than
$2,000,000 per occurrence or claim, $2,000,000 aggregate.
(v) If the Consultant maintains broader coverage and/or higher limits
than the minimums shown above, the City requires and shall be
entitled to the broader coverage and/or the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be
available to the City.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions:
(i) Additional Insured Status. The City, its officers, officials,
employees, and volunteers are to be covered as additional insureds on
the CGL policy with respect to liability arising out of work or
operations performed by or on behalf of the Consultant including
materials, parts, or equipment furnished in connection with such work
or operations. General liability coverage can be provided in the form
of an endorsement to the Consultant's insurance (at least as broad as
ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33,
or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) Primary Coverage. For any claims related to this contract, the
Consultant's insurance coverage shall be primary insurance primary
coverage at least as broad as ISO CG 20 0104 13 as respects the City,
its officers, officials, employees, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Consultant's insurance
and shall not contribute with it.
(iii)Notice of Cancellation. Each insurance policy required above shall
state that coverage shall not be canceled, except with notice to the
City.
(iv)Waiver of Subrogation. Consultant hereby grants to City a waiver
of any right to subrogation which any insurer of said Consultant may
acquire against the City by virtue of the payment of any loss under
such insurance. Consultant agrees to obtain any endorsement that may
be necessary to affect this waiver of subrogation, but this provision
applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
(v) Self -Insured Retentions. Self -insured retentions must be declared to
and approved by the City. The City may require the Consultant to
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purchase coverage with a lower retention or provide proof of ability
to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self- insured retention may
be satisfied by either the named insured or City.
(vi)Acceptability of Insurers. Insurance is to be placed with insurers
authorized to conduct business in the state with a current A.M. Best's
rating of no less than A: VII, unless otherwise acceptable to the City.
(vii) Claims Made Policies. If any of the required policies provide
coverage on a claims -made basis:
• The Retroactive Date must be shown and must be before the date
of the contract or the beginning of contract work.
Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract
of work.
If coverage is canceled or non -renewed, and not replaced with
another claims -made policy form with a Retroactive Date prior to
the contract effective date, the Consultant must purchase
"extended reporting" coverage for a minimum of five (5) years
after completion of contract work.
(viii) Verification of Coverage. Consultant shall furnish the City with
original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting
coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements
to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the
Consultant's obligation to provide them. The City reserves the right
to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
d. Special Risks or Circumstances. City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
8. INDEMNIFICATION; LINIITATION OF LIABILITY
a. Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, Consultants, special counsel, and representatives from liability: (1) for
third -parry claims of personal injury, damages, just compensation, restitution, judicial or
equitable relief arising out of claims for personal injury, including death, and claims for
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property damage, which may arise from the negligent operations of the Consultant or its
subcontractors, agents, employees, or other persons acting on their behalf which relates to
the services described in section 1 of this Agreement; and (2) from any third -party claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terms of or effects arising from this Agreement. This indemnity and hold
harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred
to in this Section or by reason of the terms of, or effects, arising from this Agreement. The
Consultant further agrees to indemnify, bold harmless, and pay all costs for the defense of
the City, including reasonable fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief due
to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are
subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
b. EXCEPT FOR INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF
CONFIDENTIALITY, AND INDEMNIFICATION OBLIGATIONS, IN NO EVENT
SHALL CONSULTANT'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 AMOUNT OF INSURANCE
COVERAGE UNDER THE POLICY LIMITS AS AGREED TO BY THE PARTIES IN
SECTION 7 ABOVE, REGARDLESS AS TO WHETHER SAID POLICY LIMITS ARE
PAID IN -WHOLE OR IN -PART BY CONSULTANT'S INSURER.
c. 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 CONSULTANT
HAVE ANY LIABILITY TO THE CITY 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 THE CITY OR ANY THIRD PARTY,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF
LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives,
and employees against any and all liability, including costs, and attorney's fees, for infringement
of any United States' letters patent, trademark, or copyright contained in the work product,
Deliverables or documents provided by Consultant to the City pursuant to this Agreement.
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10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any, services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required
by law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
three (3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
parry is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b)
is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication
in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
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P.O. Box 1988
Santa Ana, CA 92702-1988
Courtesy copy: Executive Director
Public Works Agency City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: 120 Water Audit, Inc.
250 S. Elm Street
Zionsville, IN 46077
Attn: Matt Boes
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by
the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements,
oral or written, between the parties. In the event of a conflict between the terms of this
Agreement and any attachments hereto, the terms of this Agreement shall prevail. This
Agreement may not be modified except by written instrument signed by the City and by an
authorized representative of Consultant. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign or transfer any interest herein without the prior written consent of the
City and any such assignment or transfer without the City's prior written consent shall be
considered null and void, provided, however, that Consultant 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
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all of Consultant's assets or equity, provided that (a) if the assignee cannot provide the City with
adequate written assurances of performance of all terms of this Agreement, to be determined at
the City's sole reasonable discretion, or (b) if the assignee is an entity with whom the City is
prohibited by law or regulation from conducting business, then the City may terminate this
Agreement. Nothing in this Agreement shall be construed to limit the City's ability to have any
of the services which are the subject to this Agreement performed by City personnel or by other
Consultants retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed
by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or
right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether
or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination, provided that Consultant shall have thirty (30) days from receipt of such notice to
cure any default by Consultant under this Agreement. In such event, Consultant shall be entitled
to receive and the City shall pay Consultant compensation for all services performed by
Consultant prior to the effective date of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant
to deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities or in connection with any activities under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
19. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
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shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
Jonathan T. Martil ez
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba, P.E.
Executive Director Public Works Agency
CITY OF SANTA ANA
-=�� N \� -
Kristine Ridge
City Manager
CONSULTANT
120 WATER AUDIT,
Matt Boes
Vice President of Sales
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EXHIBIT A
Scope of Services
EXHIBIT A
4 120Water TIM
City of Santa Ana, CA
Proposal: Service Line Inventory
Submission To:
Response Submitted By:
Primary Contact:
Robert Hernandez 120Water Eric Mischnick
Water Quality Inspector 2S0 S Elm Street Inside Sales Representative
City of Santa Ana, CA Zionsville, IN 46077 eri c.mischnick@120water.com
120Water.com (402) 429-8554
Service Line Inventory
Introduction:
Service line inventories are the foundation for Lead and Copper Rule Revision compliance. The
first preliminary inventory is due on October 16, 2024. Establishing an inventory of service line
materials and identifying the location of any LSLs is a key step in getting them replaced and
protecting public health. The service line inventory is also the first step to eventually prove and
certify that your system is free of lead service lines. California utilities must build upon their
utility service line inventories that were already submitted to the Department of Drinking Water
by characterizing customer side service line material and submitting an updated combined
inventory that adheres to the specifications of the EPA and Division of Drinking Water by
October 16, 2024.
A comprehensive and accurate inventory has many additional benefits beyond regulatory
compliance. Inventorying service line material permits notification to consumers about potential
lead risks affecting them, which can facilitate customer actions to reduce lead in drinking water,
including flushing, use of filters certified to reduce lead, and customer -initiated LSLR.
Inventories allow water systems to publicly track their progress on LSL identification and
replacement, engaging the community and enhancing transparency. Inventories can also help
water systems and consumers determine the source of high lead levels in drinking water at a
home or building and the possible solutions for reducing exposure. Inventories can also make
LSLR programs more efficient. Even incomplete inventories may create cost -saving
opportunities for water systems by better targeting locations served by LSLs, stretching the
value of internal or external funding that water systems receive, such as from the BIL. In
addition, service line inventories can help inform decisions for other drinking water rules and
could inform future needs surveys and potential future costs.
Objectives:
The LCRR requires CWSs and NTNCWSs to develop a publicly available service line inventory
that includes material classifications (Lead, Galvanized Requiring Replacement (GRR),
Non -Lead, or Lead status unknown) of all service lines connected to a public water distribution
system (40 CFR §141.84(a)(2)). This inventory must define service line ownership, and where
dual ownership applies, materials must be defined on both the PWS and customer portion of the
line to accurately provide a single classification per service line.
The City of Santa Ana and 120Water are entering into an agreement to collaborate and develop
a Preliminary Service Line Inventory. A Preliminary Service Line Inventory or Records Based
Inventory, is an initial evaluation of all records that are publically available and widely available
within the Utility. Establishing a Preliminary Service Line Inventory is the first step in achieving
compliance with Revised Lead and Copper Rule. The objective of this scope of work is to
establish a Preliminary Service Line Inventory within the defined term duration.
Scope of Work:
Developing a'preliminary inventory is Phase I of the LSLI process. The goa! is to identify, gather,
organize, clean and categorize the data appropriately for Implementation into the 120Water
Platform. Here 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 clieni 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 different sources into a
centralized LSLI data source. It 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.
Data VariableDataset
What to Look For
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
Service Line Repairs
Looking for material installed, date installed to
cross-reference with Ban Dates (1986-1990),
pipe size
Service Line Replacements
Looking for material installed, date installed to
cross-reference with Ban Dates (1986-1990),
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
Meter ID
Tax Parcel Identification Number (PIN)
Home Year Built
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
Provides a unique identifier to support data
merge
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
established/constructed 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
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 City of Santa Ana'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 Home 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 S - 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.
EXHIBIT B
Consultant's Fee Proposal
EXHIBIT B
120Water
Comments from Eric Mischnick
Products & Services
Item Name Billing Frequency Term (months)
Pro - Public Water System Annually 12
Professional Services (Assist) Annually 12
Implementation
Subtotals
Annual subtotal $43,830.00
One-time subtotal $1,500.00
Total $45,330.00
Purchase terms
Contract Start Date: Signature Date
Invoice Terms: Net 30
Billing Street Address: 20 Civic Center Plaza
Billing City: Santa Ana
Billing State: CA
Billing Zip Code: 92702
Billing Country: USA
Billing Notes (If applicable):
This Order Form, together with the Master Services Agreement available at b=s://120wateccom/master-
services-agreement (the "MSA"), shall become a legally binding contract upon the earlier of (a) the date both
parties execute the Order Form or (b) the date Customer initially began using the Services. Any capitalized
word not otherwise defined in this Order Form shall have the same meaning as set forth in the MSA.
120Water may reject this Order Form if. (1) the signatory below does not have the authority to bind
Customer to this Order Form, (2) changes have been made to this Order Form (other than completion of the
purchase order information and signature block), or (3) the requested purchase order information or signature
is incomplete or does not match our records orthe rest of this Order Form. Subscriptions are non -cancelable
before their end of the Term.
Signature
Beforeyou sign this quote, an email must be sent to you to verify your identity. Find your profile below to request a verification email.
Robert Hernandez
ryhe rna ndez @sa nta-ana.org
Matt Boas
mboes@120water.com
Questions? Contact me
Eric Mischnick
eric.mischnick@120water.com
120 Water
250 S Elm St
Zionsville, IN 46077
Mazariego, Diana
Subject:
Internal Notice of Compliance
NOTICE OF COMPLIANCE
(Il)-SI F:PRINTIIHS P.AGF:,AVDIM1.1DF%Nir11 AGREENIENI 10II-I1C1 II: RI, OF TIIE(01 V IL
Contractor 120 Water Audit, Inc.
Name:
Project TBD (036)
Number:
Project Agreement To Provide End -To -End Lead And Copper Compliance
Name: Program Solution Services Between The City Of Santa Ana And 120
Water Audit, Inc.
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
POLICY
EXPIRATIONNUMBER
COI DATE
FILE NAME
DATE
AUTOMOBILE LIABILITY
ENP0499915
06/07/2024
06/20/2023
Santa Ana,
CA.pdf
GENERAL LIABILITY
7930125970000
06/07/2024
06/20/2023
Santa Ana,
CA.pdf
Letter
PROFESSIONAL LIABILITY
WAIVER
06/11/2024
08/25/2023
Requesting
Change in
Limits.pdf
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
KEy0139732
12/01/2023
06/15/2023
Sanata Aua.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
8/25/2023 11:23 AM