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Item 4F Memo Item 4F Page 1 of 4 M E M O R A N D U M (February 5, 2019) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Authorize expenditures with Wachs Water Services (Wachs), a Division of Pure Technologies U.S., Inc. for the annual Water Valve Assessment Program and for leak detection services in an amount not to exceed $100,000 Action Requested: Authorize expenditures with Wachs Water Services (Wachs), a Division of Pure Technologies U.S., Inc. for the annual Water Valve Assessment Program and for leak detection services in an amount not to exceed $100,000. Background Information: Since FY 2017, the City has contracted with Wachs, a Division of Pure Technologies U.S., Inc. to perform an annual Water Valve Assessment Program. The purpose of assessing the condition of City water valves is for emergency preparedness to ensure their proper operation in the event of possible crisis. Being able to quickly locate and operate water valves allows Public Works to isolate and shut off the flow of water in a particular pipe segment that may otherwise cause flooding and property damage during emergency. The program is a comprehensive endeavor that confirms valve and hydrant location as compared to the City’s GIS database, operability and leak assessment. In addition, a preliminary leak survey is performed at each valve to minimize water loss. The City of Southlake has over 7,350 water valves of which 4,510 are in-line water valves. The City also has approximately 3,000 fire hydrants in the water distribution system. The FY 2019 Water Valve Assessment Program will be completed in two phases targeting the Raintree Drive and Shady Lane area (Area #1), as recommended per the 2017 Water Quality Evaluation. Item 4F Page 2 of 4 The first phase will include the evaluation of 300 valves prior to beginning Phase 2 – unidirectional flushing in Area #1. The purpose of assessing the condition of City water valves is to validate operational functionality and correct any deficiencies prior to commencement of flushing. Phase 2 – unidirectional flushing, will consist of strategically closing valves and flushing specific fire hydrants to create friction between the water and interior of the water line. This friction helps to improve water quality. Financial Considerations: To date in FY 2019, $42,000 have been encumbered for Phase 1 of the Water Valve Assessment Program and leak detection services to help assess and locate the leak at the Alta Vista water transmission main. Both services were authorized by the City Manager’s Office per the Local Government Code (LGC) Chapter 252, Section 252.022 (highlighted in Attachment E). With the addition of Phase 2 of the Water Valve Assessment Program, expenditures with Wachs exceed the threshold in purchasing and require Council authorization. The table below itemizes services performed by Wachs in FY 2019. FY 2019 Expenditures – Wachs Water Services Cost Water Valve Assessment Program – Phase 1 $ 22,500 Leak detection services using correlators of 30- inch water transmission main leak @ Alta Vista $ 3,000 Leak detection services using sonar technology of the 30-inch water transmission main leak @ Alta Vista $ 16,500 Total-to-date $ 42,000 Water Valve Assessment Program – Phase 2 $ 27,350 Contingency for Emergency Repairs $ 30,650 Total Expected Expenditures $100,000 Item 4F Page 3 of 4 The City also requires the services of Wachs for leak detection services on emergency repairs such as the shared Southlake and Keller 36”/30” Alta Vista water transmission main. Wachs has technology that allows for pinpointing leaks. In cases of emergency repairs, like the Alta Vista leak, that requires immediate action to resolve, Wachs can assist in expediting said repairs on critical infrastructure. Therefore, Staff is seeking authorization of future expenditures up to $100,000 for the remainder of the year, should there be another emergency repair that requires leak detection services that can be performed by Wachs. Funding for these professional services is budgeted in the FY 2019 Public Works Water Division Operating Budget. Strategic Link: This item relates to the City’s strategy map focus areas of Safety & Security and Infrastructure. It specifically relates to the City’s Corporate Objectives of (C1) achieve the highest standards of safety & security and (F2) invest to provide & maintain high quality public assets. Citizen Input/ Board Review: N/A Legal Review: N/A Alternatives: The City Council may authorize or deny this contract. Supporting Documents: Attachment A – Executed Proposal for Valve Assessment Prior to Unidirectional / Conventional Flushing Program (Phase II) Attachment B – Proposal for Phase II – Unidirectional / Conventional Flushing Attachment C – Proposal for Leak Detection Services using Correlators Attachment D – Proposal for Leak Detection Services using Sahara Technology Attachment E – Local Government Code Chapter 252, Section 252.022 Item 4F Page 4 of 4 Staff Recommendation: Authorize expenditures with Wachs Water Services (Wachs), a Division of Pure Technologies U.S., Inc. for the annual Water Valve Assessment Program and for leak detection services in an amount not to exceed $100,000. Staff Contact: Rob Cohen, Director of Public Works Cristina McMurray, M.P.A, C.P.M, Deputy Director of Public Works 00iWachsWater SERVICES ORIGINAL DOCUMENTa xylem brand October 14, 2018 CITY OF SOUTHLAKR COUncil Action: YW Ord./Res, No. Kyle Flanagan Date Approve City of Southlake 1950 E. Continental Southlake, TX 76092 Subject: Phase I -Valve Assessments for Unidirectional Flushing Program Kyle. The City of Southlake, TX is experiencing water quality/water aging issues in three distinct regions of the City's Water Distribution System. Specifically, the areas that are impacted are: 1. Raintree & Shady Lane 2. South ridge Lakes&Shady Oaks 3. Northeast To remedy this situation, a Unidirectional :Flushing (UDF)/Conventional Flushing Program is proposed to turn the areas'water over and improve the aged water condition. As you requested, Wachs Water Services (WACHS) is pleased to submit our proposal to the City of Southlake (CLIENT) for valve assessments prior to unidirectional / conventional flushing services in the CLIENT's distribution system. We believe that our experience performing similar services successfully in more than 300 utilities, uniquely qualifies the Wachs Water Services team as the most experienced and the right choice to deliver these important services to the CLIENT.Wachs Water Services submits the following information regarding our company: Company Name.- Pure Technologies US Inc. dba.Wachs Water Services Company Tax ID No: 86-0853190 Local Address: 8708 South Congress, Suite A-150, Austin, TX Wachs Water Services stands ready to perform the services outlined in Attachment B. We are confident that we will deliver the successful completion of the work and we want to thank you for the opportunity to submit our proposal on this very important project, and we look forward to a favorable decision on behalf of Wachs Water Services . The pricing breakdown is outlined in Attachment A. We look forward to providing our valve assessments and unidirectional I conventional flushing services. Please advise if you have any questions regarding this proposal and scope. Sincerely, W. Clayton Coe Business Development Manager 972.7951572 clayton.coe@xyleminc.com Wachs Water Services 18920 State Route 108, Suite D 1 Columbia, MID USA 210451 Tel: 4-1 (800) 525 -5821 wachms.com ATTACHMENT A-PRICING VALVE ASSESSMENTS,AND UDE EXECUTION SERVICES Attachment A — Pricing Scopeof Work Quantity Unit Price Total' Ei - °'- Included in Unit Pricing Valve Assessments 300 $75 $22,500 Total $22,500 ATTACHMENT B-SCOPE OF SERVICES VALVE ASSESSMENTS,AND UDF EXECUTION SERVICES Attachment B -Scopo of Services GENERAL Program Description Wachs Water Services desires to initiate this professional services agreement for a Valve Assessment and execution of UDF/Conventional Flushing Services Program which serves three primary purposes-, Ll To evaluate and improve the operability of valves in the water distribution system through handson field activities. F' To docurhent, integrate and analyze location, operational and physical information of valves in the water distribution system through professional services activities. FJ To provide UDF / Conventional Flushing sequence planning and execution services utilizing Wachs Water Services designed sequences. This program will assess approximately 300 assets prior to performing 79 pre-planned sequences in the CLIENT's distribution system (in the areas previously identified) WACHS will analyze the results of the program and deliver a summary and final asset report to the CLIENT. The results of this program will be used to evaluate the value of a system wide program. SPECIFIC FUNCTIONS OF WACHS WATER SERVICES Locate Valves The CLIENT will provide WACHS with a minimum of two copies of the most current water distribution maps for the project area. WACHS will locate all water distribution assets (mainline valves, fire hydrant isolation valves and fire hydrants) using the following guidelines: :1 WACHS will search for all assets visually using the maps provided. L WACHS will search for water assets shown, but not identified by visual inspection, using a magnetic locator, probing rods and other tools. • If the asset cannot be located after searching for twenty minutes, it will be identified in the database as "CANNOT LOCATE', documented as a work order, creating a mapping grade CAPS position at the location where searched and otherwise treated as a standard assessment. Identify Assets Each water distribution asset record will be identified by its corresponding CLIENT identification number. In cases where Asset ID's are not available, WACHS will create a temporary asset identification number that will be agreed upon before field operations commence. Access Valves The valve cover shall be removed by WACHS in order to access the valve. If, after attempting to remove the valve cover, it is clear that the cover is "stuck" the cover will be broken, the valve accessed and the cover replaced. Covers will be provided by the CLIENT, Access Hydrants It is assumed that WACHS will access and operate all applicable hydrants to fulfill the planned sequences, ATTACHMENT B-SCOPE OF SERVICES VALVE ASSESSMENTS,AND UDF EXECUTION SERVICES Clean Out Valve Box/Vault WACHS will vacuum out debris or pump out water from the box/vault to allow access to the valve operating nut and bonnet bolts where possible. In every case the operating nut must be exposed and clearly visible (not under water or debris) when the valve is exercised. To provide this service WACHS must provide a vacuum and water pump with every work crew. The CLIENT will provide a location for discarding materials vacuumed out of the valve structures. Inspection WACHS will execute a visual inspection of the asset. This inspection will be conducted from street level and is intended to discover discrepancies that are readily visible from above ground. At the project start up WACHS will review a detailed list of observations (i.e. attribute data) to be made and collected at valve assets during this program. Operational Testing WACHS will be required to operate all valve assets — fully exercising them while making numerous observations about the condition, operability and functionality of each asset. Observations are to be meticulously documented electronically while linking them directly to earth coordinates via GPS. WACHS will operate under the guidelines set forth in this agreement. Due to the potential condition or deterioration of assets that may or may not have been maintained, WACHS will not be held liable for any assets that fail or break or the consequences of such failures during the operating procedures due to pre-existing conditions. Any assets that fail or break during operation will be repaired or replaced by the utility. Valve Exercising WACHS will exercise each valve a minimum of two full cycles and operations and exercising will continue until operating torque stabilizes without measurable decreases and valve turn count stabilized without measurable increases. Exercise is defined as a full cycle, from open to shut to ,open again. All valves will be exercised at the lowest operational torque. More explicitly, torque will be reduced immediately following initial movement of the valve to the lowest foot -pound required to continue moving the valve. Valve Marking Valve lid covers will be marked, as the inspection and exercising process is completed, with blue marking paint provided by the CLIENT. The mark is intended to provide field evidence of work completed at an individual valve and will also assist any future crews in locating the valve in a timely manner. Equipment and Software WACHS agrees to provide the necessary materials, equipment and labor to complete this program- WACHS will have microprocessor controlled valve turner available so larger valves or valves that are initially difficult to turn can be safely operated. WACHS will use an industrial vacuum with at least a 12 cu. ft- holding capacity and a water pump with a minimum pumping capacity of 100 GPM for valve box and vault cleanouts to make valve operating nuts visible and accessible PRIOR to operating the asset. GPS Data All the water assets encountered in this program are to be GPS mapped within sub-meter accuracy. Attribute data will be delivered in a geodatabase feature class compatible with the CLIENT's existing data schema. Coordinate data shall be field collected with autonomous GPS readings and subsequently differentially corrected via post-processing. WACHS shall further refine positions through filtering and inspection to eliminate noise, problematic;satellite geometry ATTACHMENT 6-SCOPE OF SERVICES VALVE ASSESSMENTS,AND UDF EXECUTION SERVICES and multi-path degradation. Point features shall be collected at an epoch of 1 second with a minimum occupation of 20 seconds. Specific parameters include: ❑ Elevation mask: 15 degrees above the horizon 0 Coordinate system: as agreed with the CLIENT --I Satellites: >= 4 -j Position Dilution of Precision (PDOP): <6 LI Horizontal Dilution of Precision (H,DOP):<4 ❑ Minimum number of raw positions collected: 20 In addition to database attribute requirements, the following coordinate data items shall be generated as a result of this process. L PDOP value L-i HDOP value U Correction Status L Date Recorded E Time Recorded R Total Positions E. Filtered Positions 7 Horizontal Precision :i Vertical Precision L Standard Deviation ❑ cor FfleName ❑ X-coordinate 11 Y-coordinate Documentation Data will be documented at each asset and will be agreed upon in advance of work startup with the CLIENT. Water Valves I- Physical data o Asset ID number, map number, valve size, type of valve, use of valve, valve structure, depth of valve, if clean out was necessary, valve discrepancies (categories and details), box/vault discrepancies (categories and details), and additional physical information as necessary L Location data o GPS position and coordinate data items as noted above Operational data o Turns to fully close, torque, close direction, torque chart for larger valves or valves that are initially difficult to turn, specific operational discrepancies (categories and details), additional operational comments as necessary —L Discrepancies o Detail on discrepancies so that a work order(as described below)can be concisely created ATTACHMENT B-SCOPE OF SERVICES VALVE ASSESSMENTS,AND UDF EXECUTION SERVICES ADDITIONAL PROGRAM OBJECTIVES GIS CIA /QC Plan WACHS has a QA/QC plan which has quality checkpoints throughout the program lifecycle. At the program start up WACHS will describe and review our methods for developing mapping grade horizontal accuracy and accurate attribute data with the CLIENT. Work Orders WACHS will create work orders for all, required repairs that are needed in order to bring the valves, in the system up to 100% operability, These work orders will be captured and managed in a database to be provided by WACHS. Work orders will specifically note the discrepancy of the valve and the repair activity required to return the valve to full operability. Work orders will contain the following information: :11 Valve or Hydrant ID 11 Map number -1 Specific valve or hydrant discrepancy (category and details) -11 Specific repair activity required to return the valve or hydrant to full operability Scheduling WACHS will propose an overall schedule of work to be approved by the CLIENT. The CLIENT shall approve the work schedule before allowing WACHS to proceed. Safety WACHS will abide by all OSHA safety regulations in the fulfillment of this scope of services. WACHS shall provide all traffic control services necessary to ensure a safe working environment for the fulfillment of the contract. As a requirement to perform this scope of work safely, each truck crew will have a minimum of two (2) crew members. All work vehicles will be equipped with amber warning lights, strobe lights, directional arrow board lights, communications equipment and will clearly identify WACHS. If necessary, WACHS will switch to night time operations if traffic control and safety become a factor in the completion of services. Professionalism WACHS will ensure that all activities are conducted in a professional manner. At a minimum WACHS will ensure all personnel are in an approved uniform; all field equipment is maintained clean and: neat; all trucks are clearly iclentlfied with WACHS's name and contact phone number and written procedures for field operations and information management processes are contained within the vehicle in an operations manual, DELIVERABLES Deliverable Database WACHS will provide applicable valve data in a spatially accurate format compliant with the CLIENT's existing data structure. The database shall contain the information agreed with the CLIENT. Beforefield operations commence,a meeting to be attended by WACHS and the CUENTwill be held to reach alignment on specific data schemas to be employed. It is at this juncture that WACHS and the CLIENT will reach agreement on which specific features will be collected, the format this feature data will conform to, and the final resting place forall collected and calculated ATTACHMENT o'SCOPE OrSERVICES VALVE ASSESSMENTS,AND UDF EXECUTION SERVICES information within the CL|ENT's data infrastructure ao that it can he appropriately mapped and accessed by the CLIENT staff. Evaluation Presentation and Deliverables YVACH8 will evaluate and analyze the results of the program and develop an evaluation presentation for the CLIENT. This evaluation presentation will include an analysis of the results of the pno0ram. findings, |earning's, suggestions and recommendations for the CLIENT, At a minimum the following da|iwnneb|e reports will be presented to the CLIENT; w Valve Operability — o detailed summary of operability before and after asset inspection and axeoo|n|mQ was performed. Accompanying this report will be a map record of inoperable and/ or broken valves. • Out of Service Hydrant Report— Summary supporting ' d i| calls regarding out of service hydrants, accompanied bya map document showing OOS hydrant locations. * Frozen Valve — o detailed summary accompanied by a map depicting frozen valves. V�ACHSm/i|| recommend threshold size, torque and turn discrepancies constituting the horom vatve = "YES" attribute. * Opened VVbrh Orders — a detailed summary of work orders opened in the CL|ENT'w asset management system that uVo|d not be completed during the initial pass of inspection by the field crew. This report will be accompanied by a map document n shmmimQ |ocabond eta ii * Wrong Position Valves—detailed map document showing where valves were: o Found Closed Left Closed o Found Closed Left Open � Validated database compliant with EBRIAnzG|8 Assumptions Assessment of Fire Hydrants and Isolation Valves are not included as a part of this proposed work scope, - ATTACHMENT C CONDITIONS OF ENGAGEMENT FOR THE PROVISION OF SERVICES The Proposal is issued upon and is subject to these Conditions of Engagement, which will be sought in the Contract to be executed between the Client and Wachs Water. If the Proposal is accepted by the Client, these Conditions of Engagement and the Proposal will be the substantive basis for the Contract between the Client and Wachs, 1. DEFINITIONS In these Conditions of Engagement, the following definitions apply: Client means any person or persons,firm or company engaging Wachs to provide the Services. Contract means the professional services agreement to be executed between Wachs as a result of the Proposal. Proposal means Wachs Water's offerto carry out the Services and includes all related correspondence plus agreed written variations oramendments thereto. Services means those services of whatever nature to be supplied by Wachs under the Contract. Site means the facility,land, installation or premises to which Wachs is granted access for the purposes of the Contract and may include any combination of the foregoing. Wachs Water Services, Wachs Water or Wachs means Pure Technologies US Inc. dba Wachs Water Services , or any of their affiliates,as the case may be,which submitted the Proposal and is a party to the Contract. 2. WACHS'OBLIGATIONS 2.1 Wachs will perform the Services in accordance with the procedures described in the Proposal, using reasonable skill, care and diligence and consistent with industry standards. 2.2 Wachs Water will ensure that the equipment used in performing the Services is in a good and functional state. 3. CLIENT'S OBLIGATIONS 3.1 The Client will provide to Wachs Water full, good faith co-operation to assist Wachs Water in providing the Services. Unless otherwise specified in the Proposal and without limiting the generality of the foregoing, the Client will at its own expense: (i) ensure, if required, access to private land will be given to Wachs and that any official permits or permissions required for Wachs to have access to the Site or carry out the Services are obtained and are in force for the duration of the Services; (ii) inform Wachs Water in writing of any special circumstances or danger which the execution of the Services may entail or which are inherent in the Site, including the existence and identity of any known hazardous substance or material-, (iii) perform such additional duties and responsibilities and provide such information and resources as are described in the Proposal. 12 The description of the Services and related compensation amount set out in the Proposal will be based upon information that the Client shall have provided to Wachs, and assumptions that Wachs shall have identified in the Proposal. The Client *nAoHmewTo CONDITIONS OF ENGAGEMENT FOR THE PROViSION OF SERVICES acknowledges that if any such information provided by Client is materially incomplete or inaccurate, or if the assumptions identified by VVaobs VVobmr are not correct. them the parties will modify the Proposal to reflect the actual infbmmsdion, assumptions, and Services naquinad, and the compensation to Wachs Water will be ed''ua(od accordingly the change order process set out |n the Contract, mrif there iomosuch pnzoeau, omanequitable basis. 4. PROPRIETARY AND CONFIDENTIAL INFORMATION 4.1 All reports generated in the performance of the Services and delivered by Wachs Water tothe Client will become the property cfthe Client, 4.2 VVooho VVater'a equipment which is made available to the Client in connection with the Contract and the row data generated in the performance ofthe Services will remain the sole and exclusive property of VVmche Water. The Client will not acquire any proprietary rights in Wachs \Nater'n equipment, systwms, software, technology. inventions (whether or not patentable), patents, patent app|icodonm, doommentation, specifications, desiQna, data, databases, nmathoda, processes or know-how ("Wachs Technology"). Any modifications or improvements to the Wachs Technology made during the performance of the Services will be the on|e and exclusive property of Wachs Water. 4.3 Both parties agree to keep confidential all documentation and infonnmUmo provided by the other during the performance ofthe Contract. The obligations set out imthis clause 4.3 will remain in full force and effect after any termination Vr expiry, as the case may be. uf the Contract. 5. L|AB|LITYAN[>WAFlRANTAES 5.1 Wachs Water will indemnify the Client against any expense, demand, liability, lons, c|einn or proceeding whatsoever in respect of personal injury to or the death of any person, or any loss, destruction or damage to any tangible property and arisingdirectlydinmo� or indirectly VV y from negligence Water,-its emp1oye*o, servants or agents except to the extent caused by the negligence of the Client nrany person for whom the Client io responsible. The Client will uimi|od Wachs Water. 5.2 VVaoho Water will not be liable for any loon of production, bmo of use of |oom of revenue or profit, equipment downtime, business interruption, goodwill,u[�ion. loss property, |nos of anticipated savingm, mm�� of procurement of substitute goods or services, or for any consequential, indirect, incidental, or special loss or damage suffered by the Client or any third party, or for any punitive damages, oven if advised of the possibility thereof and notwithstanding the failure of essential purpose of any remedy. 5.3 VVeoho Water cumulative liability under the Contamt, whether in contract . tort (including ne8|igence), or otherwise, will in no event exceed the aggregate consideration paid by the Client to VVaoho Water for the portion of the Services that gave rise to the 8|abi|ity, pnmidad, however, that this clause 5.3 shall not limit VVauho VVoter'a indemnification obligations under these Conditions of Engagement, 5.4 Thereport(s) and any other recommendations or advice made by VVoohe Water relating tathe pipeline or the Services will be made in accordance m/hhthepnzoedures described in the Pruposa|, using reasonable skill, care and diligence consistent with industry otoodardm, but do not and will not constitute a warranty of the pipeline's quaWty, copmnity, safety or fitness for purpose. VVaoho Water will not be liable to the Client for any liability or darnegno that arise from the Client's reliance upon or application or use nf such final report or recommendations ur advice made byWachs Water in relation tothe pipeline orServices. 5.5 VVaoha VVah*r'u warranties for the Services will be set out in the Contract. VVaoho Water d|no{ainmu all implied or statutory warranties or conditions, including of rnerohamtobi|dy, merchantable guaWhy, durability, or fitness for particular purpose to the extent allowed by applicable law. ~ Signing this Letter of Agreement, by each party, constitutes an agreement to provide and perform the services summarized within and is subject to the conditions of engagement. The initial term of this agreement is one year and shall commence as of the Effective Date, The Parties may, by mutual consent, in writing, extend the Term of this Agreement one or more times. 44*- 6 This Agreement is entered into this,the,6�L_day of een�_. 20L'��the"Effective Date"). THECONSULTANT THEOWNER WACHS WATER SERVICES CITY OF SOUTHLAKE 94�L.-I BY: BY: P14 A Print ame Print Name TITLE,,V - /V TITLE:A C ��y� DATE: —DATE: 1o6q11,?-_ AT ST: CAROL ANN BARGES, TRMC CITY SECRETARY Wachs Water Services 8920 state Route 108, Suite D I CdUrnhia, MD USA 21045 I Tel: 11 (800) 525 -5821 wachsws.com Wachs Water Services | 8920 State Route 108, Suite D | Columbia, MD USA 21045 | Tel: +1 (800) 525-5821 wachsws.com October 14, 2018 Kyle Flanagan City of Southlake 1950 E. Continental Southlake, TX 76092 Subject: Phase II - Unidirectional / Conventional Flushing Following Valve Assessments Kyle, The City of Southlake, TX is experiencing water quality / water aging issues in three distinct regions of the City’s Water Distribution System. Specifically, the areas that are impacted are: 1.Raintree & Shady Lane 2.Southridge Lakes & Shady Oaks 3.Northeast To remedy this situation, a Unidirectional Flushing (UDF) / Conventional Flushing Program is proposed to turn the areas’ water over and improve the aged water condition. As you requested, Wachs Water Services (WACHS) is pleased to submit our proposal to the City of Southlake (CLIENT) for unidirectional / conventional flushing services following valve assessments in the CLIENT’s distribution system. We believe that our experience performing similar services successfully in more than 300 utilities, uniquely qualifies the Wachs Water Services team as the most experienced and the right choice to deliver these important services to the CLIENT. Wachs Water Services submits the following information regarding our company: Company Name: Pure Technologies US Inc. dba Wachs Water Services Company Tax ID No: 86-0853190 Local Address: 8708 South Congress, Suite A-150, Austin, TX Wachs Water Services stands ready to perform the services outlined in Attachment B. We are confident that we will deliver the successful completion of the work and we want to thank you for the opportunity to submit our proposal on this very important project, and we look forward to a favorable decision on behalf of Wachs Water Services . The pricing breakdown is outlined in Attachment A. We look forward to providing our valve assessments and unidirectional flushing services. Please advise if you have any questions regarding this proposal and scope. Sincerely, W. Clayton Coe Business Development Manager 972.795.2572 clayton.coe@xyleminc.com ATTACHMENT A - PRICING VALVE ASSESSMENTS, AND UDF EXECUTION SERVICES 2 Attachment A – Pricing Scope of Work Quantity Unit Price Total Mobilization 1 Included in Unit Pricing Flushing Sequences 79 $250 $19,750 Flushing Sequences Design 1 $7,600 $7,600 Total $27,350 ATTACHMENT B - SCOPE OF SERVICES VALVE ASSESSMENTS, AND UDF EXECUTION SERVICES 3 Attachment B – Scope of Services GENERAL Program Description Wachs Water Services desires to initiate this professional services agreement for the execution of a UDF / Conventional Flushing Services Program following Valve Assessments which serves three primary purposes:  To evaluate and improve the operability of valves in the water distribution system through hands on field activities.  To document, integrate and analyze location, operational and physical information of valves in the water distribution system through professional services activities.  To provide UDF / Conventional Flushing sequence planning and execution services utilizing Wachs Water Services designed sequences . This program will execute 79 pre-planned sequences following assess ment of approximately 300 assets in the CLIENT’s distribution system (in the areas previously identified) WACHS will analyze the results of the program and deliver a summary and final asset report to the CLIENT. The results of this program wil l be used to evaluate the value of a system wide program. SPECIFIC FUNCTIONS OF WACHS WATER SERVICES Access Valves The valve cover shall be removed by WACHS in order to access the valve. If, after attempting to remove the valve cover, it is clear that the cover is “stuck” the cover will be broken, the valve accessed and the cover replaced. Covers will be provided by the CLIENT. Access Hydrants It is assumed that WACHS will access and operate all applicable hydrants to fulfill the planned sequences . Operational Testing WACHS will be required to operate all valve assets – fully exercising them while making numerous observations about the condition, operability and functionality of each asset. Observations are to be meticulously documented electronica lly while linking them directly to earth coordinates via GPS. WACHS will operate under the guidelines set forth in this agreement. Due to the potential condition or deterioration of assets that may or may not have been maintained, WACHS will not be held liable for any assets that fail or break or the consequences of such failures during the operating procedures due to pre-existing conditions. Any assets that fail or break during operation will be repaired or replaced by the utility. UNIDIRECTIONAL / CONVENTIONAL FLUSHING EXECUTION SCOPE Pre Survey Consultation WACHS will meet with CLIENT staff to discuss system data mapping, plan and design UDF sequences . Public Notification WACHS will communicate in advance to all affected customers prior to UDF flushing activities. WACHS will post signage alerting customers that UDF is being performed. ATTACHMENT B - SCOPE OF SERVICES VALVE ASSESSMENTS, AND UDF EXECUTION SERVICES 4 Flushing Activities WACHS will conduct flushing activities for designated sequences. Th ese documents will identify hydrants and valves to be operated in addition to flushed pipe. Assets are depicted graphically on map documents where expected flows, flushing time and expected pressures are listed. Any deviation from the expected will requi re immediate notification. Each crew consisting of a minimum of two workers shall be equipped with a minimum of 1 vehicle containing necessary equipment to complete flushing activities. WACHS will provide completion maps to the CLIENT at project end. If low pressure is experienced during flushing activities, WACHS will notify the CLIENT. Flushing Procedure  Locate zone, review sequence maps and identify target hydrants and valves  Start sequence  Close target valves  Slowly open the target hydrant (Should not fall below 20 psi)  Allow water to run for the specified length of time as designed. If the water fails to clear during the specified length of time as designed. Any time beyond that will be charged at the hourly crew rate.  Note characteristics of the water (i.e. color and particles – intensity and time required to flow clear)  Slowly close target hydrant  Open target valves in preparation for the next sequence  Blow off all dead ends / indicated piping and move to the next sequence  Repeat steps until all sequences in zone are complete ADDITIONAL PROGRAM OBJECTIVES GIS QA / QC Plan WACHS has a QA/QC plan which has quality checkpoints throughout the program lifecycle. At the program start up WACHS will describe and review our methods for developing mapping grade horizontal accuracy and accurate attribute data with the CLIENT. Work Orders WACHS will create work orders for all required repairs that are needed in order to bring the valves in the system up to 100% operability. These work orders will be captured and managed in a database to be provided by WACHS. Work orders will specifically note the discrepancy of the valve and the repair activity required to return the valve to full operability. Work orders will contain the following information:  Valve or Hydrant ID  Map number  Specific valve or hydrant discrepancy (category and details)  Specific repair activity required to return the valve or hydrant to full operability Scheduling WACHS will propose an overall schedule of work to be approved by the CLIENT. The CLIENT shall approve the work schedule before allowing WACHS to proceed. ATTACHMENT B - SCOPE OF SERVICES VALVE ASSESSMENTS, AND UDF EXECUTION SERVICES 5 Safety WACHS will abide by all OSHA safety regulations in the fulfillment of this scope of services. WACHS shall provide all traffic control services necessary to ensure a safe working environment for the fulfillment of the contract. As a requirement to perform this scope of work safely, each truck crew will have a minimum of two (2) crew members. All work vehicles will be equipped with amber warning lights, strobe lights, directional arrow board lights, communications equipment and will clearly identify WACHS. If necessary, WACHS will switch to night time operations if traffic control and safety become a factor in the completion of services. Professionalism WACHS will ensure that all activities are conducted in a professional manner. At a minimum WACHS will ensure all personnel are in an approved uniform; all field equipment is maintained clean and neat; all trucks are clearly identified with WACHS’s name and contact phone number and written procedures for field operations and information management processes are contained within the vehicle in an operations manual. DELIVERABLES Deliverable Database WACHS will provide applicable valve data in a spatially accurate format compliant with the CLIENT’s existing data structure. The database shall contain the information agreed with the CLIENT. Before field operations commence, a meeting to be attended by WACHS and the CLIENT will be held to reach alignment on specific data schemas to be employed. It is at this juncture that WACHS and the CLIENT will reach agreement on which specific features will be collected, the format this feature data will conform to, and the final resting place for all collected and calculated information within the CLIENT’s data infrastructure so that it can be appropriately mapped and accessed by the CLIENT staff. Evaluation Presentation and Deliverables WACHS will evaluate and analyze the results of the program and develop an evaluation presentation for the CLIENT. This evaluation presentation will include an analysis of the results of the program, findings, learning’s, suggestions and recom mendations for the CLIENT. At a minimum the following deliverable reports will be presented to the CLIENT;  Valve Operability – a detailed summary of operability before and after asset inspection and exercising was performed. Accompanying this report will be a map record of inoperable and / or broken valves.  Out of Service Hydrant Report – Summary supporting daily calls regarding out of service hydrants, accompanied by a map document showing OOS hydrant locations.  Frozen Valve – a detailed summary accompanied by a map depicting frozen va lves. WACHS will recommend threshold size, torque and turn discrepancies constituting the frozen valve = “YES” attribute.  Opened Work Orders – a detailed summary of work orders opened in the CLIENT’s asset management system that could not be completed dur ing the initial pass of inspection by the field crew. This report will be accompanied by a map document s showing location detail.  Wrong Position Valves – detailed map document showing where valves were: o Found Closed Left Closed o Found Closed Left Open  Validated database compliant with ESRI ArcGIS ATTACHMENT B - SCOPE OF SERVICES VALVE ASSESSMENTS, AND UDF EXECUTION SERVICES 6 Assumptions Flushing sequences will be designed and executed based on the assumption that all fire hydrants and isolation valves are in operable working condition. Assessment of Fire Hydrants and Isolatio n Valves are not included as a part of this proposed work scope . ATTACHMENT C CONDITIONS OF ENGAGEMENT FOR THE PROVISION OF SERVICES 7 The Proposal is issued upon and is subject to these Conditions of Engagement, which will be sought in the Contract to be executed between the Client and Wachs Water. If the Proposal is accepted by the Client, these Conditions of Engagement and the Proposa l will be the substantive basis for the Contract between the Client and Wachs. 1. DEFINITIONS In these Conditions of Engagement, the following definitions apply: Client means any person or persons, firm or company engaging Wachs to provide the Services. Cont ract means the professional services agreement to be executed between Wachs as a result of the Proposal. Proposal means Wachs Water’s offer to carry out the Services and includes all related correspondence plus agreed written variations or amendments there to. Services means those services of whatever nature to be supplied by Wachs under the Contract. Site means the facility, land, installation or premises to which Wachs is granted access for the purposes of the Contract and may include any combination of th e foregoing. Wachs Water Services, Wachs Water or Wachs means Pure Technologies US Inc. dba Wachs Water Services , or any of their affiliates, as the case may be, which submitted the Proposal and is a party to the Contract. 2. WACHS’ OBLIGATIONS 2.1 Wachs will perform the Services in accordance with the procedures described in the Proposal, using reasonable skill, care and diligence and consistent with industry standards. 2.2 Wachs Water will ensure that the equipment used in performing the Services is in a good and functional state. 3. CLIENT’S OBLIGATIONS 3.1 The Client will provide to Wachs Water full, good faith co-operation to assist Wachs Water in providing the Services. Unless otherwise specified in the Proposal and without limiting the generality of the foregoing, th e Client will at its own expense: (i) ensure, if required, access to private land will be given to Wachs and that any official permits or permissions required for Wachs to have access to the Site or carry out the Services are obtained and are in force for the duration of the Services; (ii) inform Wachs Water in writing of any special circumstances or danger which the execution of the Services may entail or which are inherent in the Site, including the existence and identity of any known hazardous substance or material; (iii) perform such additional duties and responsibilities and provide such information and resources as are described in the Proposal. 3.2 The description of the Services and related compensation amount set out in the Proposal will be based upon information that the Client shall have provided to Wachs, and assumptions that Wachs shall have identified in the Proposal. The Client ATTACHMENT C CONDITIONS OF ENGAGEMENT FOR THE PROVISION OF SERVICES 8 acknowledges that if any such information provided by Client is materially incomplete or inaccurate, or if the assumptions identified by Wachs Water are not correct, then the parties will modify the Proposal to reflect the actual information, assumptions, and Services required, and the compensation to Wachs Water will be adjusted accordingly using the change order process set out in the Contract, or if there is no such process, on an equitable basis. 4. PROPRIETARY AND CONFIDENTIAL INFORMATION 4.1 All reports generated in the performance of the Services and delivered by Wachs Water to the Client will become the property of the Client. 4.2 Wachs Water’s equipment which is made available to the Client in connection with the Contract and the raw data generated in the performance of the Services will remain the sole and exclusive property of Wachs Water. The Client will not acquire any proprietary rights in Wachs Water's equipment, systems, software, technology, inventions (whether or not patentable), patents, patent applications, documentation, specifications, designs, data, databases, methods, processes or know -how (“Wachs Technology”). Any modifications or improvements to the Wachs Technology made during the performance of the Services will be the sole and exclusive property of Wachs Water. 4.3 Both parties agree to keep confidential all documentation and information provided by the other during the performance of the Contract. The obligations set out in this clause 4.3 will remain in full force and effect after any termination or expiry, as the case may be, of the Contract. 5. LIABILITY AND WARRANTIES 5.1 Wachs Water will indemnify the Client against any expense, demand, liability, loss, claim or proceeding whatsoever in respect of personal injury to or the death of any person, or any loss, destruction or damage to any tangible property and arising directly or indirectly from the negligence of Wachs Water, its empl oyees, servants or agents except to the extent caused by the negligence of the Client or any person for whom the Client is responsible. The Client will similarly indemnify Wachs Water. 5.2 Wachs Water will not be liable for any loss of production, loss of use of property, loss of revenue or profit, equipment downtime, business interruption, loss of goodwill, loss of anticipated savings, cost of procurement of substitute goods or services, or for any consequential, indirect, incidental, or special loss or damage suffered by the Client or any third party, or for any punitive damages, even if advised of the possibility thereof and notwithstanding the failure of essential purpose of any remedy. 5.3 Wachs Water cumulative liability under the Contract, whether in contract , tort (including negligence), or otherwise, will in no event exceed the aggregate consideration paid by the Client to Wachs Water for the portion of the Services that gave rise to the liability, provided, however, that this clause 5.3 shall not limit Wachs Water’s indemnification obligations under these Conditions of Engagement. 5.4 The report(s) and any other recommendations or advice made by Wachs Wat er relating to the pipeline or the Services will be made in accordance with the procedures described in the Proposal, using reasonable skill, care and diligence consistent with industry standards, but do not and will not constitute a warranty of the pipeli ne’s quality, capacity, safety or fitness for purpose. Wachs Water will not be liable to the Client for any liability or damages that arise from the Client’s reliance upon or application or use of such final report or recommendations or advice made by Wach s Water in relation to the pipeline or Services. 5.5 Wachs Water’s warranties for the Services will be set out in the Contract. Wachs Water disclaims all implied or statutory warranties or conditions, including of merchantability, merchantable quality, durabi lity, or fitness for particular purpose to the extent allowed by applicable law. Signing this Letter of Agreement,by each party,constitutes an agreement to provide and perform the services summarized within and is subject to the conditions of engagement. The initial term of this agreement is one year and shall commence as of the Effective Date. The Parties may, by mutual consent, in writing, extend the Term of this Agreement one or more times. This Agreement is entered into this, the_day of , 20_(the"Effective; Date"). THE CONSULTANT THE OWNER WACHS R SERVICES CITY OF SOUTHLAKE BY: BY: (NAME) (NAME) C4an !1 �c�Gw,� Print Name 11 Print Name TITLE: Vr u �(�GT:^/�y.� TITLE: DATE: 10laata . is DATE: Wachs Water Services 18920 State Route 108, Suite D I Columbia, MD USA 21045 I Tel: +1 (800) 525-5821 wachsws.com AVOAWachsWater SERVICES a xylem brand October 4, 2018 Kyle Flanagan City of Southlake 1950 E. Continental Southlake, TX 76092 Subject: Leak Detection Investigation Proposal for City of Southlake This letter outlines the proposal of our professional external leak detection investigation (LDI) services for the City of Southlake. Please accept the following ,pricing and completion times to perform a Leak Detection Investigation process. The project will involve 1-3 days of focused external leak detection and is designed to cover the specific area in question. Work to be included in the project: • Acoustically inspect designated survey area for leaks and other water loss problems using specialized listening devices to listen on available access points (blind flanges/valves/service connection) • Conduct a visual inspection of the water system for potential leaks or other water loss problems • Where leaks are detected on the line, correlators will be introduced to pinpoint the exact location of the suspected leak. • Locate and document all leaks with sub-foot GPS ScopeQuantity Mobilization 1 $500.00 $500.00 Leak Detection—Each Day 1 $2,500.00 $2.500.00 Estimated Total for Leak Detection Services $3,000.00 City of Southlake will expose buried lines as marked up(TBD)—minimum of two locations per line. Locations will need to be exposed before Wachs Water Services arrives on site or daily rate charges will apply. If internal Leak Detection Technology is required (SmartBall), these services can be obtained through Wachs' sister company; Pure Technologies. Please contact Dave Kurtz at 214-558-9902 for assistance. Wachs water Services d 8920 State Route 108,SUite D I Columbia,MD USA 21045 1 Tel:+1 (800)525-5821 wachsws.com SCOPE OF WORK AND CONDITIONS OF ENGAGEMENT Leak Detection Investigation We look forward to providing our leak detection services to City of Southlake. Please advise if you have any questions regarding this proposal. Prior to mobilization, we will require acceptance of this proposal, a Purchase Order or Contract and a Notice to Proceed, if applicable. Sincerely, W. Clayton Coe Business Development Manager 972.795.2572 clayton.coe@xyleminc.com SCOPE OF WORK AND CONDITIONS OF ENGAGEMENT Leak Detection Investigation Scope of Services Pre Survey Consultation Wachs Water Services (WWS), a subsidiary of Pure Technologies, will meet with City of Southlake site personnel to discuss system attributes, review mapping records and formulate a leak detection survey strategy. Depending on noise and activity level during daytime hours, the LD investigation work may be performed at night. The line will have to be repeatedly pressurized to high pressure, in order to create a leak sound. Leak Detection Methodology WWS employs a proven two-phase approach to leak detection programs. The first phase is a comprehensive survey where all targeted listening points are surveyed with sonic acoustic equipment and any assets with possible or strong leak noises are flagged. Listening points shall include blind flanges, valves, meters and any other appurtenance necessary to perform a thorough leak survey. When additional acoustic information is required, and main line access is limited, ground microphones will be utilized on ground surfaces for surveying. In addition to potential leaks, asset defects and mapping discrepancies are also documented. Leak Correlating/Pinpointing Leaks Correlation is a way of pinpointing leaks in water mains. A leak in a pipe under pressure creates noise that travels through the pipe walls, the surrounding ground and along the contents of the pipe. If two highly sensitive correlation microphones are attached to two different listening points on a pipe with an identified potential leak, sound from the leak takes longer to travel to the microphone furthest from the leak; this is referred to as the "time delay". Utilizing this and other information (pipe diameter, material and length of section under test), the exact leak position can be calculated by using the correlators. Once a suspected leak is correlated, a WWS technician will then use a ground microphone to confirm the leak. The leak will then be mapped via GPS and marked accordingly. Since the accuracy of pinpointing relies primarily on the acoustic characteristics of the pipe, the accuracy of the pipe size, length, material and lateral configurations, overnight, and possibly longer-term logging may be utilized to record acoustic information, at the discretion of City of Southlake. Equipment WWS will provide specialized, advanced electronic leak detection equipment, sonic audio listening devices and skilled operators to effectively and efficiently perform the leak survey (equipment make/model listed below). It must be noted that not all of this SCOPE OF WORK AND CONDITIONS OF ENGAGEMENT Leak Detection Investigation equipment will be used during the survey. We will select the pieces of equipment that are most applicable to the system and which will yield the best results. FCS Lmic We use the Lmic for general leak sounding operations within our programs. The Lmic can be fitted with either a tripod foot (for use as a ground microphone) or probe rods (for sounding at fittings). Vivax Metrotech HL-5000 The Vivax Metrotech HL-5000 utilizes state of the art DSA (dual segment analysis) technology to simultaneously measure current and minimal noise values. This dual analysis allows the user to understand the total ambient noise (current) vs. the noise associated with the appurtenance that is being evaluated (minimal). Tlie" ° measurements are displayed simultaneously on the devices digital display. Unlike most listening devices which simply amplify sound, the HL-5000 can analyze the �I time frequency of a sound measurement which will later assist the user in dE %ning�l correlation filters. This device also allows for 9 simultaneous DSA visual mea arts 'I which can be used as historical references during ground microphone pinpointlI Sewerin Stethophon®04 d The Stethophon 04 compact is an acoustic listening device for cond surveying exercise of the system. Sewerin Listening Device Aquaphon When a pressurized water pipe develops a leak the water flows out into the surrounding soil at high speed, which causes the pipe material to vibrate at the exit point. This vibration, or sound, is transmitted by the pipe. This "noise" can be heard even at remote contact points. It may also cause the water jet and the pipe, in the vicinity of the leak, to induce vibration into the surrounding soil. This "noise' is transmitted to the surface, where it can be picked up. Metrotech VM-810 The antenna system in the locator is different to a normal locator. Instead of placing Antennas on the same center line — one antenna is offset to the right and another to the left. This together with extremely sensitive electronics enables the locator to find which antenna is receiving the strongest signal and therefore indicate which direction one has SCOPE OF WORK AND CONDITIONS OF ENGAGEMENT Leak Detection Investigation to move to be over the buried line. Other locators look for the trend in the increase or decrease of signal strength from inline antennas. Differential LefURight location provides a much sharper, crisp response making the position of the buried line easier to pinpoint. Leak Pinpointing Equipment WWS will provide specialized, advanced, sensitive electronic leak pinpointing equipment and skilled operators to effectively and efficiently perform the leak pinpointing. Electronic correlation equipment is one method that will be employed to pinpoint leaks. After a leak has been correlated a final audio detection will be performed to verify the leak. Records and documentation of all leak pinpointing activities will be maintained, and presented to the customer. WWS will attempt to pinpoint as many leaks as possible found during the sounding audit(equipment make/model listed below). Subsurface Leak Detection LD-12 The SubSurface LD-12 Water Leak Detector offers the top features I a in amplification and audio clarity. One of the finest sonic listening devices on the market today, the large meter display of the leak sound intensity is easily visible in all outdoor lighting, from bright sunlight to total darkness. The LD-12 includes a base plate for "ground miking" on city streets or concrete slabs and both a magnet base and a contact rod for water leak "surveying" at hydrants, valves, and meters. Subsurface Leak Detection LC-2500 The SubSurface LC-2500 Leak Noise Correlator is very lightweight and compact, yet it offers full capabilities for programming and Uwe correlating leak noise from many different pipe materials and pipe fa®0 1 ®tla diameters. Great Sensors, powerful radios and fast processing of ®opp sounds make the LC-2500 truly the best performing correlator on the 111,9 roaaC7 market. Sewerin Leak Correlator SeCorr -08 The SeCorr® 300 is Sewerin's new fully digital correlator offering unprecedented performance in finding water leaks even on plastic pipes and trunk mains. The fully digital signal processing and data ■ transmission largely eliminate the limitations experienced with conventional analogue correlators. c Metrolog HL 7000 "--•_ Acoustic noise loggers designed for continuous, battery-powered maintenance free use. All leak information is transferred via radio to a receiver. The Metrolog sound loggers store and transmit leak status, noise level, frequency, and logger mode designations. SCOPE OF WORK AND CONDITIONS OF ENGAGEMENT Leak Detection Investigation The bidirectional radio system allows the loggers to be programmed individually or in groups. HL6000X— PC Correlator The correlator uses sophisticated radio technology for long range operation. The user can perform correlations on and off-site with saved data files. There are enhanced process integrations with a GPS antenna and the ability to integrate GIS software. If pipe data is unknown, the user can carry out automatic speed measurements in conjunction with the automatic filtering and multi-position correlation results to find the correct pipe data to perform correlations. Estimated Project Duration WWS estimates the total duration of this project will be 1-3 days. Additional days must be authorized by the owner and will be paid at the additional daily rate provided below. Final Leak Survey Deliverables WWS will provide a final report detailing all points of interest and confirmed leaks including a leak report with a description of each individual leak. The leak report will include type of leak, leak location, a photograph of the location of the leak and estimated leak size in GPM (gallons per minute). WWS will provide a final leak report including an overview of our findings, a conclusion to the project ' and recommendations regarding ongoing water loss strategies. r,� 1 SCOPE OF WORK AND CONDITIONS OF ENGAGEMENT Leak Detection Investigation CONDITIONS OF ENGAGEMENT FOR THE PROVISION OF SERVICES (North America) The Proposal is issued upon and is subject to these Conditions of Engagement, which will be sought in the Contract to be executed between the Client and Wachs Water. If the Proposal is accepted by the Client, these Conditions of Engagement and the Proposal will be the substantive basis for the Contract between the Client and Wachs. 1. DEFINITIONS In these Conditions of Engagement the following definitions apply: Client means any person or persons, firm or company engaging Wachs to provide the Services. Contract means the professional services agreement to be executed between Wachs as a result of the Proposal. Proposal means Wachs Water's offer to carry out the Services and includes all related correspondence plus agreed written variations or amendments thereto. Services means those services of whatever nature to be supplied by Wachs under the Contract. Site means the facility, land, installation or premises to which Wachs is granted access for the purposes of the Contract and may include any combination of the foregoing. Wachs Water means Wachs Valve and Hydrant Services, LLC, or any of their affiliates, as the case may be, which submitted the Proposal and is a party to the Contract. 2. WACHS' OBLIGATIONS 2.1 Wachs will perform the Services in accordance with the procedures described in the Proposal, using reasonable skill, care and diligence and consistent with industry standards. 2.2 Wachs Water will ensure that the equipment used in performing the Services is in a good and functional state. 3. CLIENT'S OBLIGATIONS 3.1 The Client will provide to Wachs Water full, good faith co-operation to assist Wachs Water in providing the Services. Unless otherwise specified in the Proposal and without limiting the generality of the foregoing, the Client will at its own expense: (i) ensure, if required, access to private land will be given to Wachs and that any official permits or permissions required for Wachs to have access to the Site or carry out the Services are obtained and are in force for the duration of the Services; (ii) inform Wachs Water in writing of any special circumstances or danger which the execution of the Services may entail or which are inherent in the Site, including the existence and identity of any known hazardous substance or material; SCOPE OF WORK AND CONDITIONS OF ENGAGEMENT Leak Detection Investigation (iii) perform such additional duties and responsibilities and provide such information and resources as are described in the Proposal. 3.2 The description of the Services and related compensation amount set out in the Proposal will be based upon information that the Client shall have provided to Wachs, and assumptions that Wachs shall have identified in the Proposal. The Client acknowledges that if any such information provided by Client is materially incomplete or inaccurate, or if the assumptions identified by Wachs Water are not correct, then the parties will modify the Proposal to reflect the actual information, assumptions, and Services required, and the compensation to Wachs Water will be adjusted accordingly using the change order process set out in the Contract, or if there is no such process, on an equitable basis. 4. PROPRIETARY AND CONFIDENTIAL INFORMATION 4.1 All reports generated in the performance of the Services and delivered by Wachs Water to the Client will become the property of the Client. 4.2 Wachs Water's equipment which is made available to the Client in connection with the Contract and the raw data generated in the performance of the Services will remain the sole and exclusive property of Wachs Water. The Client will not acquire any proprietary rights in Wachs Water's equipment, systems, software, technology, inventions (whether or not patentable), patents, patent applications, documentation, specifications, designs, data, databases, methods, processes or know-how ("Wachs Technology"). Any modifications or improvements to the Wachs Technology made during the performance of the Services will be the sole and exclusive property of Wachs Water. 4.3 Both parties agree to keep confidential all documentation and information provided by the other during the performance of the Contract. The obligations set out in this clause 4.3 will remain in full force and effect after any termination or expiry, as the case may be, of the Contract. 5. LIABILITY AND WARRANTIES 5.1 Wachs Water will indemnify the Client against any expense, demand, liability, loss, claim or proceeding whatsoever in respect of personal injury to or the death of any person, or any loss, destruction or damage to any tangible property and arising directly or indirectly from the negligence of Wachs Water, its employees, servants or agents except to the extent caused by the negligence of the Client or any person for whom the Client is responsible. The Client will similarly indemnify Wachs Water. 5.2 Wachs Water will not be liable for any loss of production, loss of use of property, loss of revenue or profit, equipment downtime, business interruption, loss of goodwill, loss of anticipated savings, cost of procurement of substitute goods or services, or for any consequential, indirect, incidental, or special loss or damage suffered by the Client or any third party, or for any punitive damages, even if advised of the possibility thereof and notwithstanding the failure of essential purpose of any remedy. 5.3 Wachs Water cumulative liability under the Contract, whether in contract, tort (including negligence), or otherwise, will in no event exceed the aggregate consideration paid by the Client to Wachs Water for the portion of the Services that gave rise to the liability, provided, however, that this clause 5.3 shall not limit Wachs Water's indemnification obligations under these Conditions of Engagement. 5.4 The report(s) and any other recommendations or advice made by Wachs Water relating to the pipeline or the Services will be made in accordance with the SCOPE OF WORK AND CONDITIONS OF ENGAGEMENT Leak Detection Investigation procedures described in the Proposal, using reasonable skill, care and diligence consistent with industry standards, but do not and will not constitute a warranty of the pipeline's quality, capacity, safety or fitness for purpose. Wachs Water will not be liable to the Client for any liability or damages that arise from the Client's reliance upon or application or use of such final report or recommendations or advice made by Wachs Water in relation to the pipeline or Services. 5.5 Wachs Water's warranties for the Services will be set out in the Contract. Wachs Water disclaims all implied or statutory warranties or conditions, including of merchantability, merchantable quality, durability, or fitness for particular purpose to the extent allowed by applicable law. SCOPE OF WORK AND CONDITIONS OF ENGAGEMENT Leak Detection Investigation Signing this Letter of Agreement, by each party, constitutes an agreement to provide and perform the services summarized within and is subject to the conditions of engagement. The initial term of this agreement is one year and shall commence as of the Effective Date. The Parties may, by mutual consent, in writing, extend the Term of this Agreement one or more times. This Agreement is entered into this, the_day of , 20 (the "Effective Date"). THE CONSULTANT THE OWNER/Consultant WACHS WATER SERVICES CITY OF SOLITHLAKE BY: BY: (NAME) (NA Print Name Print Name /� TITLE: TITLE: �/fJ �—Llj�/Vba/tf DATE: DATE: PROPOSAL Professional Services to Assess 30-inch Water Transmission Main Prepared for: Kyle Flanagan City of Southlake 1950 East Continental Boulevard Southlake, TX 76092 CITY OF SECOUTHLAK.E Prepared by: Pure Technologies U.S. Inc. 4505 Excel Parkway, Suite 600 Addison, TX 75001 Texas Engineering Registration No. F-13679 7EC 11.01p$ November 5, 2019 - pLNNOLD DIES ure Kyle Flanagan City of Southlake 1950 East Continental Boulevard Southlake,TX 76092 Subject: Assessing a 30-inch Water Main Dear Kyle, Pure Technologies U.S. Inc. (Pure Technologies) is pleased to offer this proposal to the City of Southlake to assess the 30-inch water main on North Pearson Lane using the Sahara® inspection platform to identify a suspected leak. The Sahara technology is a patented technology owned by and exclusive to Pure Technologies. SCOPE OF SERVICES Sahara Technology Overview The Sahara inspection platform is an acoustic-based, non-destructive condition assessment technology that detects acoustic activity associated with leaks in large diameter(12-inches and larger) pipes of all construction types and materials. The Sahara inspection platform is composed of the following: • a sensor with acoustic and video components (including LED lighting) • a system for tracking the sensor • an insertion assembly for inserting the sensor into a live pipeline • a cable drum containing the communication umbilical for the sensor • a rack of electronic instrumentation for the processing of acoustic and visual data t .ti, cane DUD � 1 Too15bD+6 Ilnadnlxtlanbalhl I I1� I��II 4 �\S - �IVldea/Audol IIIII / 1, Inu�ion —Asfembry 1 Dmg Nwbally Bugem crehm ---•DOMble H.d Head Sahara System Overview Diagram Pure Technologies U.S. Inc.0 4505 Excel Parkway,Suite 600 OAddison,TX 750010(214) 377-5300 re TELXNOLOGIES The acoustic sensor and CCTV camera eye are typically inserted into a live pipeline through a 2-inch outlet equipped with a 2-inch ball valve. Once inserted into the flowing pipeline, the sensor is propelled by the water flow using a drag chute that carries the tethered sensor head through the pipe for distances typically up to 3,000 to 4,000 feet per insertion as the data cable is unreeled from the cable drum. The actual distance achieved in a given insertion will vary depending on the pipeline material, flow rate and pipeline configuration. Typical Insertion Requirements Sahara requires a standard full bore 2-inch valve at each insertion point.Alternatively,forvalves larger than 2-inches, a blind flange tapped with 2-inch national pipe thread (NPT)1. Female threads will be required. The figure below shows the typical insertion set-up with a 2-inch ball valve. 00 ,1 Typical Insertion Set-up:Profile and Plan View Sahara Tracking System for Locating Leaks The Sahara sensor is tracked from above ground during the inspection at set intervals and at select points of interest. The sensor is tracked using the Sahara Locator. The Sahara Locator is an extremely low frequency (ELF) transmitter that is detected by the miniaturized receiver located on the Sahara sensor head within the pipeline. The frequency used allows accurate, through-pipe communication, even within metallic mains with a ground cover of up to 33 feet (10 meters). Sahara Locator Accuracy of ground location is typically , however, location accuracy can be affected by the presence of large amounts of steel in or on the ground (such as railroad tracks, rebar, or unusually thick metallic pipe walls), steep slopes, or heavily wooded areas. A technician follows the sensor head above ground, locating the sensor when requested by the Sahara operator—typically at a leak, air pocket, or other location of interest. The Sahara Locator can also be used to locate the sensor at set intervals to determine the alignment of a given section of pipeline. National Pipe Thread Taper(NPT)is a U.S.standard for tapered threads used on threaded pipes and fittings.In contrast to straight threads that are found on a bolt,a taper thread will pull tight and therefore make a fluid-tight seal. Pure Technologies U.S. Inc.0 4505 Excel Parkway,Suite 600 OAddison,TX 750010(214) 377-5300 ure ...gL001l8 In locations where the water main to be inspected runs beneath a water way, major roadway or freeway, Pure Technologies may not be able to safely utilize the above ground Sahara tracker. Accordingly, the location of any identified leaks located under inaccessible areas can be approximated based on the footage of tether deployed. Closed Circuit Televising(CCTV) In addition, the operator can distinguish pipeline features or other points of interest using the Sahara platform's closed-circuit televising(CCTV) capability. As with leaks,the Sahara operator can indicate above ground the position of visual points of interest by positioning the sensor within the pipe and simultaneously positioning the Sahara Locator directly above the sensor head. Clarity of the video can be affected negatively by water quality, high turbidity, turbulent flow, surface condition of the interior pipe wall and when inspecting pipes over 48-inches in diameter. INSPECTION PLAN Pure Technologies will meet with the City of Southlake to perform a site visit and verify the proposed access location and potential challenges in support of preparing a Project Planning Document. Insertion Location To accommodate the inspection of the 30-inch water main, Pure Technologies will utilize an existing 2-inch access recently created by a hot tap on the water line. Minimum Flow Requirements The proposed inspection using the Sahara system will require the City of Southlake to provide flow velocity in the pipeline to deploy the Sahara sensor head downstream. A flow velocity of 3 to 4 fps is recommended. Pipeline Pressures Prior to commencing inspection activities, Pure Technologies requests any available pressure information for the water main to be inspected.The higher the operating pressure,the smaller the leak detection limit we are capable of detecting. PROJECT DELIVERABLES Pure Technologies will identify and mark the location of all leaks and air pockets detected on the pipeline at the time of the inspection. Pure Technologies will submit a letter report confirming the location of identified and marked leaks. Pure Technologies U.S. Inc.0 4505 Excel Parkway,Suite 600 OAddison,TX 750010(214) 377-5300 TECHNOLOGIES Project Fees and Payment Schedule Description Quantity Sahara Leak Inspection DAY $16,500.00 1 $ 16,500.00 Letter Report LS No Charge 1 $0 TOTAL $ 16,500.00 Payment of services rendered by Pure Technologies will be invoiced in full upon submittal of the letter report.The attached Conditions of Engagement shall apply to the proposed scope of services and fee schedule. Lump sum price is based on completing all field work in one day. Please add $7500 per day if additional days are required. Responsibilities of City of Southlake • Provide traffic control, civil works, permitting, confined space support, and/or valve exercising. • Close off flow to any laterals along the portion of water main to be inspected. • Obtain any required legal right-of-entry on properties at no cost to the Pure Technologies. • Provide support personnel during the inspection for locating the access man ways, traffic control, and other support as necessary. • Excavate, de-water, shore up, and/or provide scaffolding of job area and other civil activity as necessary in compliance with OSHA and local standards and regulations. • Provide Pure Technologies with the required flow velocities and pressures for the pipeline inspection. • Prepare and/or modify existing pipeline fittings and structures as indicated by the Pure Technologies to accommodate insertion of the equipment as outlined in the Project Planning Document • Provide and maintain safe and reasonable access to all insertion sites throughout the inspection and obtain public works and/or police permits, as required. Pure Technologies welcomes the opportunity to serve the City of Southlake, as we are committed to providing you with a successful project. If you have any questions or comments, please do not hesitate to contact me at (214) 558-9902. Respectfully, PURE TECHNOLOGIES U.S. INC. David W. Kurtz, P.E. Pure Technologies U.S. Inc.0 4505 Excel Parkway,Suite 600 OAddison,TX 750010 (214) 377-5300 CHNOLOGIES CONDITIONS OF ENGAGEMENT FOR THE PROVISION OF SERVICES The Proposal is issued upon and is subject to these Conditions of Engagement. If the Proposal is accepted by the Client,these Conditions of Engagement and the Proposal will be deemed to form part of the Contract between the Client and Pure. 1. DEFINITIONS In these Conditions of Engagement the following definitions apply: Client means any person or persons,firm or company engaging Pure to provide the Services. Contract means the agreement awarded to Pure as a result of the Proposal. Pure means Pure Technologies Ltd., Pure Technologies U.S. Inc., Pure Engineering Services Inc., or any of their affiliates, as the case may be,which submitted the Proposal and is a party to the Contract. Proposal means Pure's offer to carry out the Services and includes all related correspondence plus agreed written variations or amendments thereto. Services mean those services of whatever nature to be supplied by Pure under the Contract. Site means the facility, land, installation or premises to which Pure is granted access for the purposes of the Contract and may include any combination of the foregoing. 2. PURE'S OBLIGATIONS 2.1 Pure will perform the Services in accordance with the procedures described in the Proposal, using reasonable skill, care and diligence and consistent with industry standards. 2.2 Pure will ensure that the equipment used in performing the Services is in a good and functional state. 3. CLIENT'S OBLIGATIONS 3.1 The Client will provide to Pure full, good faith co-operation to assist Pure in providing the Services. Unless otherwise specified in the Proposal and without limiting the generality of the foregoing, the Client will at its own expense: (i) ensure, if required, access to private land will be given to Pure and that any official permits or permissions required for Pure to have access to the Site or carry out the Services are obtained and are in force for the duration of the Services; (ii) inform Pure in writing of any special circumstances or danger which the execution of the Services may entail or which are inherent in the Site, including the existence and identity of any known hazardous substance or material; Pure Technologies U.S. Inc.0 4505 Excel Parkway,Suite 600 OAddison,TX 750010(214) 377-5300 PUM (iii) perform such additional duties and responsibilities and provide such information and resources as are described in the Proposal. 3.2 The description of the Services and related compensation amount set out in the Proposal will be based upon information that the Client shall have provided to Pure, and assumptions that Pure shall have identified in the Proposal. The Client acknowledges that if any such information provided by Client is materially incomplete or inaccurate, or if the assumptions identified by Pure are not correct, then the parties will modify the Proposal to reflect the actual information, assumptions, and Services required, and the compensation to Pure will be adjusted accordingly using the change order process set out in the Contract, or if there is no such process, on an equitable basis. 4. PROPRIETARY AND CONFIDENTIAL INFORMATION 4.1 All reports generated in the performance of the Services and delivered by Pure to the Client will become the property of the Client. 4.2 Pure's equipment which is made available to the Client in connection with the Contract and the raw data generated in the performance of the Services will remain the sole and exclusive property of Pure.The Client will not acquire any proprietary rights in Pure's equipment, systems, software, technology, inventions (whether or not patentable), patents, patent applications, documentation, specifications, designs, data, databases, methods, processes or know-how ("Pure's Proprietary Technology"). Any modifications or improvements to the Pure's Proprietary Technology made during the performance of the Services will be the sole and exclusive property of Pure. 4.3 Both parties agree to keep confidential all documentation and information provided by the other during the performance of the Contract.The obligations set out in this clause 4.3 will remain in full force and effect after any termination or expiry, as the case may be, of the Contract. 5. LIABILITY AND WARRANTIES 5.1 Pure will indemnify the Client against any expense, demand, liability, loss, claim or proceeding whatsoever in respect of personal injury to or the death of any person, or any loss, destruction or damage to any tangible property and arising directly or indirectly from the negligence of Pure, its employees, servants or agents except to the extent caused by the negligence of the Client or any person for whom the Client is responsible.The Client will similarly indemnify Pure. 5.2 Pure will not be liable for any loss of production, loss of use of property, loss of revenue or profit, equipment downtime, business interruption, loss of goodwill, loss of anticipated savings, cost of procurement of substitute goods or services, or for any consequential, indirect, incidental, or special loss or damage suffered by the Client or any third party, or for any punitive damages, even if advised of the possibility thereof and notwithstanding the failure of essential purpose of any remedy. 5.3 Pure's cumulative liability under the Contract, whether in contract,tort (including negligence), or otherwise, will in no event exceed the aggregate consideration paid by Pure Technologies U.S. Inc. 0 4505 Excel Parkway,Suite 600 OAddison,TX 750010(214) 377-5300 recxnoLooiea the Client to Pure for the portion of the Services that gave rise to the liability, provided, however, that this clause 5.3 shall not limit Pure's indemnification obligations under these Conditions of Engagement. 5.4 The report(s) and any other recommendations or advice made by Pure relating to the pipeline or the Services will be made in accordance with the procedures described in the Proposal, using reasonable skill, care and diligence consistent with industry standards, but do not and will not constitute a warranty of the pipeline's quality, capacity, safety or fitness for purpose. Pure will not be liable to the Client for any liability or damages that arise from the Client's reliance upon or application or use of such final report or recommendations or advice made by Pure in relation to the pipeline or Services, and the Client will indemnify Pure against any liability to third parties resulting therefrom. 5.5 Pure's warranties for the Services will be set out in the Contract. Pure disclaims all implied or statutory warranties or conditions, including of merchantability, merchantable quality, durability, or fitness for particular purpose to the extent allowed by applicable law. This means Pure's warranty obligations will be limited to what is expressly set out in the Contract. Pure Technologies U.S. Inc. 0 4505 Excel Parkway,Suite 600 OAddison,TX 750010(214)377-5300 ? LOCAL GOVERNMENT CODE TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY SUBTITLE A. MUNICIPAL ACQUISITION, SALE, OR LEASE OF PROPERTY CHAPTER 252. PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES SUBCHAPTER A. GENERAL PROVISIONS Sec. 252.001. DEFINITIONS. In this chapter: (1) "Bond funds" includes money in the treasury received from the sale of bonds and includes the proceeds of bonds that have been voted but have not been issued and delivered. (2) "Component purchases" means purchases of the component parts of an item that in normal purchasing practices would be purchased in one purchase. (3) "Current funds" includes money in the treasury, taxes in the process of being collected in the current tax year, and all other revenue that may be anticipated with reasonable certainty in the current tax year. (4) "High technology procurement" means the procurement of equipment, goods, or services of a highly technical nature, including: (A) data processing equipment and software and firmware used in conjunction with data processing equipment; (B) telecommunications equipment and radio and microwave systems; (C) electronic distributed control systems, including building energy management systems; and (D) technical services related to those items. (5) "Planning services" means services primarily intended to guide governmental policy to ensure the orderly and coordinated development of the state or of municipal, county, metropolitan, or regional land areas. (6) "Separate purchases" means purchases, made separately, of items that in normal purchasing practices would be purchased in one purchase. Page 1 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (7) "Sequential purchases" means purchases, made over a period, of items that in normal purchasing practices would be purchased in one purchase. (8) "Time warrant" includes any warrant issued by a municipality that is not payable from current funds. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1250, Sec. 2, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 207, Sec. 1, eff. May 23, 1995. Sec. 252.002. MUNICIPAL CHARTER CONTROLS IN CASE OF CONFLICT. Any provision in the charter of a home-rule municipality that relates to the notice of contracts, advertisement of the notice, requirements for the taking of sealed bids based on specifications for public improvements or purchases, the manner of publicly opening bids or reading them aloud, or the manner of letting contracts and that is in conflict with this chapter controls over this chapter unless the governing body of the municipality elects to have this chapter supersede the charter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 749, Sec. 5, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 757, Sec. 7, eff. Sept. 1, 1993. Sec. 252.003. APPLICATION OF OTHER LAW. The purchasing requirements of Section 361.426, Health and Safety Code, apply to municipal purchases made under this chapter. Added by Acts 1991, 72nd Leg., ch. 303, Sec. 17, eff. Sept. 1, 1991. SUBCHAPTER B. COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED Sec. 252.021. COMPETITIVE REQUIREMENTS FOR PURCHASES. (a) Before a municipality may enter into a contract that requires an expenditure of more than $50,000 from one or more municipal funds, the municipality must: (1) comply with the procedure prescribed by this subchapter and Subchapter C for competitive sealed bidding or competitive sealed proposals; Page 2 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (2) use the reverse auction procedure, as defined by Section 2155.062(d), Government Code, for purchasing; or (3) comply with a method described by Chapter , Government Code. (b) A municipality may use the competitive sealed proposal procedure for the purchase of goods or services, including high technology items and insurance. (c) The governing body of a municipality that is considering using a method other than competitive sealed bidding must determine before notice is given the method of purchase that provides the best value for the municipality. The governing body may delegate, as appropriate, its authority under this subsection to a designated representative. If the competitive sealed proposals requirement applies to the contract, the municipality shall consider the criteria described by Section 252.043(b) and the discussions conducted under Section 252.042 to determine the best value for the municipality. (d) This chapter does not apply to the expenditure of municipal funds that are derived from an appropriation, loan, or grant received by a municipality from the federal or state government for conducting a community development program established under Chapter 373 if under the program items are purchased under the request-for-proposal process described by Section 252.042. A municipality using a request-for- proposal process under this subsection shall also comply with the requirements of Section 252.0215. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 56(b), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 749, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 757, Sec. 11, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 45, Sec. 1, eff. May 5, 1995; Acts 1997, 75th Leg., ch. 790, Sec. 1, eff. June 17, 1997; Acts 1999, 76th Leg., ch. 571, Sec. 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 115, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 436, Sec. 2, eff. May 28, 2001; Acts 2001, 77th Leg., ch. 436, Sec. 3, eff. May 28, 2001; Acts 2001, 77th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 217, Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 12.003, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 434 (S.B. 1765), Sec. 1, eff. Page 3 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1272 (H.B. 3517), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1272 (H.B. 3517), Sec. 2, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 4.01, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002 (20), eff. September 1, 2013. Sec. 252.0215. COMPETITIVE BIDDING IN RELATION TO HISTORICALLY UNDERUTILIZED BUSINESS. A municipality, in making an expenditure of more than $3,000 but less than $50,000, shall contact at least two historically underutilized businesses on a rotating basis, based on information provided by the comptroller pursuant to Chapter 2161, Government Code. If the list fails to identify a historically underutilized business in the county in which the municipality is situated, the municipality is exempt from this section. Added by Acts 1993, 73rd Leg., ch. 749, Sec. 3, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.18, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 115, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 434 (S.B. 1765), Sec. 2, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.100, eff. September 1, 2007. Sec. 252.022. GENERAL EXEMPTIONS. (a) This chapter does not apply to an expenditure for: (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality; (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents; Page 4 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other property; (4) a procurement for personal, professional, or planning services; (5) a procurement for work that is performed and paid for by the day as the work progresses; (6) a purchase of land or a right-of-way; (7) a procurement of items that are available from only one source, including: (A) items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; (B) films, manuscripts, or books; (C) gas, water, and other utility services; (D) captive replacement parts or components for equipment; (E) books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and (F) management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; (8) a purchase of rare books, papers, and other library materials for a public library; (9) paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; (10) a public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; (11) a payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; (12) personal property sold: (A) at an auction by a state licensed auctioneer; Page 5 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (B) at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; (C) by a political subdivision of this state, a state agency of this state, or an entity of the federal government; or (D) under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; (13) services performed by blind or severely disabled persons; (14) goods purchased by a municipality for subsequent retail sale by the municipality; (15) electricity; or (16) advertising, other than legal notices. (b) This chapter does not apply to bonds or warrants issued under Subchapter A, Chapter 571. (c) This chapter does not apply to expenditures by a municipally owned electric or gas utility or unbundled divisions of a municipally owned electric or gas utility in connection with any purchases by the municipally owned utility or divisions of a municipally owned utility made in accordance with procurement procedures adopted by a resolution of the body vested with authority for management and operation of the municipally owned utility or its divisions that sets out the public purpose to be achieved by those procedures. This subsection may not be deemed to exempt a municipally owned utility from any other applicable statute, charter provision, or ordinance. (d) This chapter does not apply to an expenditure described by Section 252.021(a) if the governing body of a municipality determines that a method described by Chapter , Government Code, provides a better value for the municipality with respect to that expenditure than the procedures described in this chapter and the municipality adopts and uses a method described in that chapter with respect to that expenditure. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 47(c), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1001, Sec. 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 42, Sec. 1, eff. April 25, 1991; Acts 1993, 73rd Leg., ch. 749, Sec. 7, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 757, Page 6 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... Sec. 9, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 207, Sec. 2, eff. May 23, 1995; Acts 1995, 74th Leg., ch. 746, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 125, Sec. 1, eff. May 19, 1997; Acts 1997, 75th Leg., ch. 1370, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 405, Sec. 41, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1409, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 8.290, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 434 (S.B. 1765), Sec. 3, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(3), eff. April 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 4.02, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002 (21), eff. September 1, 2013. Sec. 252.023. EXEMPTIONS FROM REFERENDUM PROVISIONS. The referendum provisions prescribed by Section 252.045 do not apply to expenditures that are payable: (1) from current funds; (2) from bond funds; or (3) by time warrants unless the amount of the time warrants issued by the municipality for all purposes during the current calendar year exceeds: (A) $7,500 if the municipality's population is 5,000 or less; (B) $10,000 if the municipality's population is 5,001 to 24,999; (C) $25,000 if the municipality's population is 25,001 to 49,999; or (D) $100,000 if the municipality's population is more than 50,000. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 109, Sec. 1, eff. Aug. 26, 1991. Sec. 252.024. SELECTION OF INSURANCE BROKER. This chapter does Page 7 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... not prevent a municipality from selecting a licensed insurance broker as the sole broker of record to obtain proposals and coverages for excess or surplus insurance that provides necessary coverage and adequate limits of coverage in structuring layered excess coverages in all areas of risk requiring special consideration, including public official liability, police professional liability, and airport liability. The broker may be retained only on a fee basis and may not receive any other remuneration from any other source. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. SUBCHAPTER C. PROCEDURES Sec. 252.041. NOTICE REQUIREMENT. (a) If the competitive sealed bidding requirement applies to the contract, notice of the time and place at which the bids will be publicly opened and read aloud must be published at least once a week for two consecutive weeks in a newspaper published in the municipality. The date of the first publication must be before the 14th day before the date set to publicly open the bids and read them aloud. If no newspaper is published in the municipality, the notice must be posted at the city hall for 14 days before the date set to publicly open the bids and read them aloud. (b) If the competitive sealed proposals requirement applies to the contract, notice of the request for proposals must be given in the same manner as that prescribed by Subsection (a) for the notice for competitive sealed bids. (c) If the contract is for the purchase of machinery for the construction or maintenance of roads or streets, the notice for bids and the order for purchase must include a general specification of the machinery desired. (d) If the governing body of the municipality intends to issue time warrants for the payment of any part of the contract, the notice must include a statement of: (1) the governing body's intention; (2) the maximum amount of the proposed time warrant indebtedness; (3) the rate of interest the time warrants will bear; and (4) the maximum maturity date of the time warrants. Page 8 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 109, Sec. 2, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 749, Sec. 4, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 757, Sec. 6, eff. Sept. 1, 1993. Sec. 252.0415. PROCEDURES FOR ELECTRONIC BIDS OR PROPOSALS. (a) A municipality may receive bids or proposals under this chapter through electronic transmission if the governing body of the municipality adopts rules to ensure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time. (b) Notwithstanding any other provision of this chapter, an electronic bid or proposal is not required to be sealed. A provision of this chapter that applies to a sealed bid or proposal applies to a bid or proposal received through electronic transmission in accordance with the rules adopted under Subsection (a). Added by Acts 2001, 77th Leg., ch. 1063, Sec. 6, eff. Sept. 1, 2001. Sec. 252.042. REQUESTS FOR PROPOSALS FOR CERTAIN PROCUREMENTS. (a) Requests for proposals made under Section 252.021 must solicit quotations and must specify the relative importance of price and other evaluation factors. (b) Discussions in accordance with the terms of a request for proposals and with regulations adopted by the governing body of the municipality may be conducted with offerors who submit proposals and who are determined to be reasonably qualified for the award of the contract. Offerors shall be treated fairly and equally with respect to any opportunity for discussion and revision of proposals. To obtain the best final offers, revisions may be permitted after submissions and before the award of the contract. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 56(c), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 45, Sec. 2, eff. May 5, 1995. Sec. 252.043. AWARD OF CONTRACT. (a) If the competitive Page 9 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... sealed bidding requirement applies to the contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality. (b) In determining the best value for the municipality, the municipality may consider: (1) the purchase price; (2) the reputation of the bidder and of the bidder's goods or services; (3) the quality of the bidder's goods or services; (4) the extent to which the goods or services meet the municipality's needs; (5) the bidder's past relationship with the municipality; (6) the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; (7) the total long-term cost to the municipality to acquire the bidder's goods or services; and (8) any relevant criteria specifically listed in the request for bids or proposals. (b-1) In addition to the considerations provided by Subsection (b), a joint board described by Section 22.074(d), Transportation Code, that awards contracts in the manner provided by this chapter may consider, in determining the best value for the board, the impact on the ability of the board to comply with laws, rules, and programs relating to contracting with small businesses, as defined by 13 C.F.R. Section 121.201. (c) Before awarding a contract under this section, a municipality must indicate in the bid specifications and requirements that the contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality. (d) Except as provided by Subsection (d-1), the contract must be awarded to the lowest responsible bidder if the competitive sealed bidding requirement applies to the contract for construction of: (1) highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water and wastewater Page 10 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction; or (2) buildings or structures that are incidental to projects that are primarily civil engineering construction projects. (d-1) A contract for construction of a project described by Subsection (d) that requires an expenditure of $1.5 million or less may be awarded using the competitive sealed proposal procedure prescribed by Subchapter D, Chapter , Government Code. (e) If the competitive sealed bidding requirement applies to the contract for construction of a facility, as that term is defined by Section 2269.001, Government Code, the contract must be awarded to the lowest responsible bidder or awarded under the method described by Chapter , Government Code. (f) The governing body may reject any and all bids. (g) A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. This chapter does not change the common law right of a bidder to withdraw a bid due to a material mistake in the bid. (h) If the competitive sealed proposals requirement applies to the contract, the contract must be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the municipality considering the relative importance of price and the other evaluation factors included in the request for proposals. (i) This section does not apply to a contract for professional services, as that term is defined by Section 2254.002, Government Code. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1370, Sec. 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1409, Sec. 3, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 739 (H.B. 2661), Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 428 (S.B. 1618), Sec. 1, eff. June 15, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 4.03, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002 (22), eff. September 1, 2013. Page 11 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... Sec. 252.0435. SAFETY RECORD OF BIDDER CONSIDERED. In determining who is a responsible bidder, the governing body may take into account the safety record of the bidder, of the firm, corporation, partnership, or institution represented by the bidder, or of anyone acting for such a firm, corporation, partnership, or institution if: (1) the governing body has adopted a written definition and criteria for accurately determining the safety record of a bidder; (2) the governing body has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder; and (3) the determinations are not arbitrary and capricious. Added by Acts 1989, 71st Leg., ch. 1, Sec. 58(b), eff. Aug. 28, 1989. Sec. 252.0436. CONTRACT WITH PERSON INDEBTED TO MUNICIPALITY. (a) A municipality by ordinance may establish regulations permitting the municipality to refuse to enter into a contract or other transaction with a person indebted to the municipality. (b) It is not a violation of this chapter for a municipality, under regulations adopted under Subsection (a), to refuse to award a contract to or enter into a transaction with an apparent low bidder or successful proposer that is indebted to the municipality. (c) In this section, "person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the municipality requiring approval by the governing body of the municipality. Added by Acts 2003, 78th Leg., ch. 156, Sec. 1, eff. Sept. 1, 2003. Sec. 252.044. CONTRACTOR'S BOND. (a) If the contract is for the construction of public works, the bidder to whom the contract is awarded must execute a good and sufficient bond. The bond must be: (1) in the full amount of the contract price; (2) conditioned that the contractor will faithfully perform the contract; and Page 12 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (3) executed, in accordance with Chapter 2253, Government Code, by a surety company authorized to do business in the state. (b) Repealed by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993. (c) The governing body of a home-rule municipality by ordinance may adopt the provisions of this section and Chapter 2253, Government Code, relating to contractors' surety bonds, regardless of a conflicting provision in the municipality's charter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995. Sec. 252.045. REFERENDUM ON ISSUANCE OF TIME WARRANTS. (a) If, by the time set for letting a contract under this chapter, a written petition with the required signatures is filed with the municipal secretary or clerk requesting the governing body of the municipality to order a referendum on the question of whether time warrants should be issued for an expenditure under the contract, the governing body may not authorize the expenditure or finally award the contract unless the question is approved by a majority of the votes received in the referendum. The petition must be signed by at least 10 percent of the qualified voters of the municipality whose names appear as property taxpayers on the municipality's most recently approved tax rolls. (b) If a petition is not filed, the governing body may finally award the contract and issue the time warrants. In the absence of a petition, the governing body may, at its discretion, order the referendum. (c) The provisions of Subtitles A and C, Title 9, Government Code, relating to elections for the issuance of municipal bonds and to the issuance, approval, registration, and sale of bonds govern the referendum and the time warrants to the extent those provisions are consistent with this chapter. However, the time warrants may mature over a term exceeding 40 years only if the governing body finds that the financial condition of the municipality will not permit payment of warrants issued for a term of 40 years or less from taxes that are imposed substantially uniformly during the term of the warrants. Page 13 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (d) This section does not supersede any additional rights provided by the charter of a special-law municipality and relating to a referendum. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 38, eff. Sept. 1, 1999. Sec. 252.046. CIRCUMSTANCES IN WHICH CURRENT FUNDS TO BE SET ASIDE. If an expenditure under the contract is payable by warrants on current funds, the governing body of the municipality by order shall set aside an amount of current funds that will discharge the principal and interest of the warrants. Those funds may not be used for any other purpose, and the warrants must be discharged from those funds and may not be refunded. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 252.047. PAYMENT METHOD FOR CERTAIN CONTRACTS. If the contract is for the construction of public works or for the purchase of materials, equipment, and supplies, the municipality may let the contract on a lump-sum basis or unit price basis as the governing body of the municipality determines. If the contract is let on a unit price basis, the information furnished to bidders must specify the approximate quantity needed, based on the best available information, but payment to the contractor must be based on the actual quantity constructed or supplied. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 252.048. CHANGE ORDERS. (a) If changes in plans or specifications are necessary after the performance of the contract is begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, the governing body of the municipality may approve change orders making the changes. (b) The total contract price may not be increased because of the changes unless additional money for increased costs is appropriated for that purpose from available funds or is provided for by the authorization of the issuance of time warrants. Page 14 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (c) If a change order involves a decrease or an increase of $50,000 or less, the governing body may grant general authority to an administrative official of the municipality to approve the change orders. (c-1) If a change order for a public works contract in a municipality with a population of 300,000 or more involves a decrease or an increase of $100,000 or less, or a lesser amount as provided by ordinance, the governing body of the municipality may grant general authority to an administrative official of the municipality to approve the change order. (d) The original contract price may not be increased under this section by more than 25 percent. The original contract price may not be decreased under this section by more than 25 percent without the consent of the contractor. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 706, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 746, Sec. 2, eff. Aug. 28, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 479 (H.B. 679), Sec. 1, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.09, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 7, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1356 (S.B. 1430), Sec. 2, eff. June 14, 2013. Sec. 252.049. CONFIDENTIALITY OF INFORMATION IN BIDS OR PROPOSALS. (a) Trade secrets and confidential information in competitive sealed bids are not open for public inspection. (b) If provided in a request for proposals, proposals shall be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for public inspection. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Page 15 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... Sec. 252.050. LEASE-PURCHASE OR INSTALLMENT PURCHASE OF REAL PROPERTY. (a) This section applies only to a lease-purchase or installment purchase of real property financed by the issuance of certificates of participation. (b) The governing body of a municipality may not make an agreement under which the municipality is a lessee in a lease-purchase of real property or is a purchaser in an installment purchase of real property unless the governing body first obtains an appraisal by a qualified appraiser who is not an employee of the municipality. The purchase price may not exceed the fair market value of the real property, as shown by the appraisal. Added by Acts 1989, 71st Leg., 1st C.S., ch. 10, Sec. 2, eff. Oct. 18, 1989. Sec. 252.051. APPRAISAL REQUIRED BEFORE PURCHASE OF PROPERTY WITH BOND PROCEEDS. A municipality may not purchase property wholly or partly with bond proceeds until the municipality obtains an independent appraisal of the property's market value. Added by Acts 2011, 82nd Leg., R.S., Ch. 719 (H.B. 782), Sec. 1, eff. September 1, 2011. SUBCHAPTER D. ENFORCEMENT Sec. 252.061. INJUNCTION. If the contract is made without compliance with this chapter, it is void and the performance of the contract, including the payment of any money under the contract, may be enjoined by: (1) any property tax paying resident of the municipality; or (2) a person who submitted a bid for a contract for which the competitive sealed bidding requirement applies, regardless of residency, if the contract is for the construction of public works. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2009, 81st Leg., R.S., Ch. 979 (H.B. 3668), Sec. 1, eff. Page 16 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... September 1, 2009. Sec. 252.062. CRIMINAL PENALTIES. (a) A municipal officer or employee commits an offense if the officer or employee intentionally or knowingly makes or authorizes separate, sequential, or component purchases to avoid the competitive bidding requirements of Section 252.021. An offense under this subsection is a Class B misdemeanor. (b) A municipal officer or employee commits an offense if the officer or employee intentionally or knowingly violates Section 252.021, other than by conduct described by Subsection (a). An offense under this subsection is a Class B misdemeanor. (c) A municipal officer or employee commits an offense if the officer or employee intentionally or knowingly violates this chapter, other than by conduct described by Subsection (a) or (b). An offense under this subsection is a Class C misdemeanor. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1250, Sec. 3, eff. Sept. 1, 1989. Sec. 252.063. REMOVAL; INELIGIBILITY. (a) The final conviction of a municipal officer or employee for an offense under Section 252.062(a) or (b) results in the immediate removal from office or employment of that person. (b) For four years after the date of the final conviction, the removed officer or employee is ineligible: (1) to be a candidate for or to be appointed or elected to a public office in this state; (2) to be employed by the municipality with which the person served when the offense occurred; and (3) to receive any compensation through a contract with that municipality. (c) This section does not prohibit the payment of retirement or workers' compensation benefits to the removed officer or employee. Added by Acts 1989, 71st Leg., ch. 1250, Sec. 4, eff. Sept. 1, 1989. Page 17 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... Page 18 of 18LOCAL GOVERNMENT CODE CHAPTER 252. 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