Item 4I MemoItem 4I
Page 1 of 3
M E M O R A N D U M
(November 19, 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 $75,000.
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 $75,000.
Background
Information: The City will be entering its fourth year of the annual Water Valve
Assessment Program. This program assesses the condition of City
water valves to ensure proper functionality in the event of a
possible crisis. The ability to quickly locate and operate wat er
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 an emergency. This program 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.
In the FY 2020 adopted budget, City Council allocated funds to the
annual Water Valve Assessment Program for the estimat ed cost of
$50,000. This year, Wachs will assess approximately 665 small
diameter water valves for functionality. Wachs will locate, clean out,
test, operate, identify which valve requires repairs and/or
improvements, and document and collect GPS coordinat es of these
water valves.
The City also requires the assistance of Wachs for leak detection
services on emergency repairs to the City’s transmission mains.
Staff is seeking authorization for an additional $25,000 for said
services should incidentals arise. Such services were utilized in FY
2019 to assist in identifying the location of a water leak on the 30 -
inch Alta Vista water transmission main.
Item 4I
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Financial
Considerations: The City’s purchasing policy for the annual Water Valve
Assessment Program and for leak detection services are exempt
from bidding under the Texas Local Government Code Chapter
252, Section 252.022, General Exemptions (Attachment A).
Below are the budgeted amounts for each professional service
planned for FY 2020 with Wachs:
Professional Service Cost
Water Valve Assessment Program – 4th Year $ 50,000
Leak Detection Services $ 25,000
Total $ 75,000
Funding for these professional services is provided in the FY 2020
Utility Fund and Water Operating Budget. Expenditures will not
exceed budgeted funds.
Strategic Link: This item links to the City’s Strategy Map strategic focus areas of
Safety & Security and Infrastructure. It specifically relates to the
City’s Corporate Objectives, C1: Achieve the Highest Standards of
Safety & Security, and F2: Invest To Provide & Maintain High
Quality Public Assets.
Citizen Input/
Board Review: None.
Legal
Review: None.
Alternatives: The City Council may approve or deny the request.
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 $75,000.
Item 4I
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Supporting
Documents: Attachment A: Local Government Code Chapter 252, Section
252.022
Attachment B: Proposal – Wachs Water Services Valve
Assessment
Staff
Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Jack Thompson, Operations Manager
?
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.
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(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;
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(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.
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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;
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(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;
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(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,
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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
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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.
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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
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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
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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.
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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
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(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.
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(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.
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(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.
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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.
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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.
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PROFESSIONAL SERVICES PROPOSAL
for
Water Distribution System Optimization
through
Inline Valve Assessment, Repair & Management
& Localized Leak Detection
PRESENTED TO
The City of Southlake
Pure Technologies U.S. Inc.
Texas Board of Professional Engineers Firm No. F-13679
2310 McDaniel Dr.
Carrollton, Texas 75006
October 30, 2019
Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com
TABLE OF CONTENTS
Proposal Letter with Fee Schedule ......................................................................................... 1
Valve Assessment .................................................................................................................. 2
Localized Leak Inspection ...................................................................................................... 2
Fee Schedule ......................................................................................................................... 3
Attachment A: Scope of Services ......................................................................................... A1
Attachment B: Terms and Conditions ................................................................................... B1
Attachment C: General Fee Schedule ................................................................................... C1
Attachment D: Proprietary Technologies ............................................................................. D1
Confidentiality: This proposal contains information about proprietary technologies, ideas, systems, methods and
pricing that are the property of Pure Technologies Ltd. and Pure Technologies U.S. Inc. The contents of the
document are submitted for confidential consideration to the City of Southlake. It shall not be distributed to other
parties without the express written consent of Pure Technologies.
Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com
Page 1
October 30, 2019
Kyle Flanagan
City of Southlake
1950 East Continental
Southlake, TX 76092
Subject: Water Distribution System Optimization Services
Valve Assessment & Localized Leak Detection
Dear Kyle,
Pure Technologies U.S. Inc. (PURE) is pleased to present the following proposal for our
professional services in support of optimizing the City of Southlake’s water distribution system
initially through valve assessment and repair, as well as localized leak investigation at the city’s
discretion.
Pure Technologies through its Wachs Water Services Division offers a unique combination of
proprietary technologies and professional engineering and field services unsurpassed in the
water and wastewater infrastructure industry. We believe that our extensive experience working
in water distribution systems the past 10 plus years demonstrates our ability to provide efficient
and cost effective quality services.
The purpose of the immediate valve assessment is to:
Evaluate and improve asset usability (operability of valves) in the water distribution
system through hands-on field activities.
Evaluate and improve asset information usability – providing accurate, meaningful
and available information.
Document, integrate and analyze location, operational and physical information of
valves in the water distribution system through professional services activities.
Define and refine the scope and value of an ongoing system wide program through
consulting activities.
The following is a description of the scope of services required to accommodate the immediate
request by the City to perform valve assessment and a discretionary localized leak investigation
in a defined area of the City.
SCOPE OF SERVICES
Pure Technologies will assess approximately 665 water distribution valves located in the City of
Southlake’s water distribution system (specific area TBD).
Our scope of services may also include a more extensive external leak investigation (and the
use of our proprietary Sahara system if necessary) to identify and locate the source of an
existing leak that is reported to be occurring.
Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com
Page 2
Valve Assessment
A brief overview of the proposed valve services is presented below. A more detailed description
of services and deliverables included in the valve assessment and repair is presented in
Attachment A: Scope of Services.
1. PURE will meet with the City of Southlake to obtain water distribution maps,
verify the area to be assessed and confer on attribute data the City of Southlake
requires, including GPS locating resolution (pricing is based on sub-meter
resolution – sub-foot resolution is also available at an added fee; please refer to
Attachment C).
2. PURE will locate, clean out, assess, test, operate, document and collect sub-
meter GPS coordinates on approximately 665 small diameter water valves.
3. PURE will safely perform valve operational testing and documentation using
proven operating processes and procedures.
4. PURE will create work orders for valve repairs and improvements that can return
assets to full operability.
5. PURE will collect sub-meter GPS coordinates and attribute data on all valves
assessed. Attribute data to be collected will be agreed upon in advance with the
City.
6. PURE will provide data deliverables including a valve database containing all
program data, and will supply recommendations for water system enhancements
based on our findings.
7. When conducting the valve assessment program, PURE can “sound” each valve
at an additional fee (refer to Attachment C) to identify possible leaks in the
system. Additional information on the external “sounding” deliverable is
presented in Attachment A.
Leak Investigation
At the city’s discretion PURE will also perform a localized external leak survey in an effort to
identify the source of an existing leak reported by the City of Southlake. Because leak noises
created in PVC pipe and/or larger diameter pipe tend to attenuate rapidly, PURE may
recommend using our proprietary Sahara system to locate the leak (if we are unable to locate
the leak source using external leak methods). Use of the Sahara system is not included in the
Fee Schedule presented herein, and would require additional approval and authorization by the
City of Southlake (refer to Attachment C for additional Pricing Schedule).
All activities by PURE will be conducted in a professional manner. At a minimum, Pure will
ensure all personnel are in an approved uniform; all field equipment is maintained clean and
neat; all trucks are clearly identified with our company name and contact phone number and
written procedures for field operations and information management processes are contained
within the vehicle in an operations manual.
Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com
Page 3
FEE SCHEDULE
Pure Technologies is proposing to perform the described Scope of Services as follows:
Scope of Work Quantity Unit Price Total
Mobilization 1 Included Included
Small Valve Assessments
(below 16” diameter) 665 each $ 75.00 $ 49,875
Total $ 49,875
Notes:
1. All work to be performed under a single mobilization and in a continuous manner without delays.
Delays caused by others may result in a standby charge of $1,500 per day. Remobilization to be
charged at $2,000 each.
2. PURE is available to assess large valves if requested by the City of Southlake. Please refer to the
Pricing Schedule in Attachment C that includes additional tasks as may be requested by the City.
3. PURE’s proprietary Sahara system is available to inspect for the existing leak if requested by the City
of Southlake. Please refer to the Pricing Schedule in Attachment C that includes additional tasks as
may be requested by the City.
4. Please add $7.00 per asset for leak “sounding”.
5. Additional Terms and Conditions are presented in Attachment B.
In addition to the above scope of services, PURE has also included optional general services
that support optimization of the water distribution system as may be requested by the City of
Southlake on an as-needed basis.
All services and deliverables presented herein address criteria set forth under the “Partnership
for Safe Water Distribution Program.” The partnering agencies supporting the Program
include AWWA, EPA, WEF, ASDWA, NAWC and AMWA. Please refer to
partnership@awwa.org for additional information regarding the program and recognitions. The
additional general services offered will increase hydraulic reliability, one of three major criteria in
preserving water distribution system integrity that can earn the City of Southlake the Program’s
President’s Award and the Excellence in Distribution System Operation Award.
I trust that you find everything in order and invite you to contact me if you have any questions.
We look forward to serving the City of Southlake on this project.
Sincerely,
PURE TECHNOLOGIES U.S. INC. a Xylem Brand
W. Clayton Coe
Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com
Page A1
ATTACHMENT A
SCOPE OF SERVICES
CITY OF SOUTHLAKE
Professional Services Project
Optimization of the City’s Water Distribution System
through
Internal and External Leak/Air Pocket Detection
Assessment, Repair & Management of Valves and Hydrants
The City of Southlake (City) desires to initiate a professional services agreement with PURE
Technologies and its Wachs Water Services Division (PURE) to assist in the optimization of the
City’s water distribution system performance; with the goal to improve the quality and reliability
of water supplied to the City’s customers.
The scope of services addresses the preservation of system integrity through increased
hydraulic reliability as presented in the Partnership for Safe Water Distribution Program
established by the AWWA, EPA, WEF, ASDWA, NAWC and AMWA, and supports the City’s
pursuit of the President’s Award and the Excellence in Distribution System Operation Award.
Please refer to partnership@awwa.org for additional information regarding the program and
recognitions.
1.0 EXTERNAL LEAK TESTING (Optional)
1.0.1 Leak “Sounding”
PURE will utilize specialized sonic audio leak listening equipment (“listening mics”) to “sound”
valve and fire hydrant assets, and document by way of a three tier system (strong, possible or
none) leak sounds, as agreed with the City.
If requested by the City, PURE can confirm and mark leak locations (additional fee applies, refer
to Attachment C).
1.0.2 Leak Inspection Survey
PURE will meet with the CITY in advance of performing any field work to discuss system data
mapping and the proposed leak detection survey. PURE 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 water main valves, meters and
hydrants and any other appurtenance necessary to perform a thorough leak survey. When
additional acoustic information is required, and water main access is limited, ground
microphones may be utilized on ground surfaces for surveying. In addition to potential leaks,
asset defects and mapping discrepancies are also documented. PURE will also conduct a visual
inspection in conjunction when walking over the water system and test any unusual standing
water for the presence of chlorine to confirm the presence of a leak. Based on the results of the
initial leak survey, PURE will return and use a correlator technology, along with line tracing
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Page A2
equipment to assist in locating the pipeline, to locate, physically mark and document the location
information at suspected leak sites.
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, PURE
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 the CITY.
Final Leak Survey Documentation to include a final report indicating dates and locations, along
with detailing photography and description, of leaks identified. PURE will provide a final written
leak report within thirty (30) days after completion of the field work.
A leak survey over a defined area shall be billed on a per mile basis. A one -time leak
investigation requiring mobilization to identify a known or suspected leak will be billed on a daily
rate. Refer to Attachment C for pricing.
2.0 INTERNAL ACOUSTIC LEAK DETECTION (Optional)
When leaks cannot be identified through the use of external listening mics, PURE may be
directed by the City to utilize internal acoustic leak detection technologies including the free-
swimming SmartBall® and/or the tethered Sahara® system (at an additional cost as presented
in Attachment C). The Sahara system is also equipped with a fixed CCTV camera that allows for
viewing of the pipe interior.
Listening mics may not detect leaks on larger pipelines where the leak noise attenuates much
more rapidly, or on asbestos cement pipe or PVC pipe where the noise does not travel through
the pipe wall to the external surface sensors used on the listening mics.
Both the SmartBall and the Sahara Technologies are proprietary to PURE and deemed to be
sole source.
2.0.1 Sahara®
a. Sahara inspections shall be performed without removing the pipeline from service.
b. The City shall furnish a 2-inch or 4-inch access with 2-inch ball valve or 4-inch full port
valve to allow for insertion of the sensor head.
c. The City shall provide a minimum flow rate of 2 to 4 fps and a minimum pressure of 25
psi throughout the inspection run.
d. The Sahara system shall be capable of identifying multiple leaks and air (gas) pockets
during a single inspection run.
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e. PURE shall track the Sahara sensor from the surface in real time, whereby leak and air
pocket locations can be marked on the ground surface in real time.
f. PURE will locate all identified leaks and air pockets within twelve (12) inches.
g. The City will provide traffic control.
h. PURE shall mark the leak and air pocket locations while on site and submit a final
written report within 30 days. A video recording of the CCTV camera findings shall be
included on a flash drive and submitted with the final report.
i. The Sahara shall be capable of identifying leaks as small as 0.10 gallons per minute at a
90 psi pressure.
j. PURE shall record GPS coordinates of all pipeline appurtenances and inspection
findings, including issues identified by the CCTV visual inspection.
k. Upon request by the City, PURE will furnish a pipe-by-pipe GIS Shapefile deliverable to
the City.
2.0.2 SmartBall®
a. SmartBall inspections shall be performed without removing the pipeline from service.
b. The City shall furnish a 4-inch access with 4-inch full port valve to allow for insertion of
the tool, as well as a 4-inch access with 4-inch full port valve to retrieve the tool.
c. The City shall provide a minimum flow rate of 1 fps and a minimum pressure of 25 psi
throughout the inspection run.
d. The SmartBall shall be capable of identifying multiple leaks and air (gas) pockets during
a single inspection run.
e. PURE shall track the SmartBall from the surface using a SmartBall Receiver (SBR).
f. Assuming sufficient tracking points are provided, PURE will strive to locate all identified
leaks and air pockets within one meter.
g. The City will provide traffic control.
h. PURE shall provide preliminary verbal results to the City within 48 hours of completing
the field inspection, with a final written report within 30 days.
i. The SmartBall shall be capable of identifying leaks as small as 0.10 gallons per minute
at a 90 psi pressure.
j. PURE shall record GPS coordinates of all pipeline appurtenances and inspection
findings.
k. Upon request by the City, PURE will furnish a pipe-by-pipe GIS Shapefile deliverable to
the City.
3.0 ASSESSMENT AND REPAIR OF VALVES
PURE will develop, plan and execute a Valve Assessment Program to locate, clean out, inspect,
assess, exercise, repair, operationally test, mark, record GPS data, cr eate work orders,
document attribute characteristics, and create a deliverable database for water distribution
system valves. The City will determine the actual number of valves to be assessed.
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The City will provide PURE with an electronic plot and/or drawings of the most current water
distribution maps for the project area – showing all valves. Information collected by PURE and
other information provided by the City shall be regarded as CONFIDENTIAL and will not be
shared without written permission from the City. PURE will locate all mainline valves and
isolation valves using the following guidelines:
a. PURE will search for all assets visually using the maps provided.
b. PURE will search for water assets shown, but not identified by visual inspection, using a
magnetic locator, probing rods and other tools.
c. If an asset cannot be located after searching for fifteen minutes, it will be identified in the
database as “CANNOT LOCATE”, documented as a work order, creating a mapping
grade GPS position at the location where searched and otherwise treated as a standard
assessment.
Each water distribution asset record will be identified by its corresponding City identification
number. In cases where Asset ID’s are not available, PURE will create a temporary asset
identification number that will be agreed upon before field operations commence.
Prior to initiating any field work, PURE shall submit their QA/QC Plan to ensure the collection of
complete, accurate and precise data as required herein.
PURE shall develop an overall schedule for the proposed work, which shall be updated
periodically and presented to the City at the scheduled Update Meetings.
PURE shall initiate and conduct an Initial Project Meeting to clarify the intended Scope of
Services and other special requirements for each project.
At the end of each project, a final Program Report will to be presented to the City. It is to
include a critical analysis of the results of the valve assessment.
PURE will not be held responsible for possible valve failures during operation, damage done to
the water system during water main flushing (i.e. water leaks, discolored water, turbidity, etc.),
or possible damage to the City’s individual water customer, unless unsatisfactory or neglectful
operations by PURE are determined by the City.
3.1 Condition Assessment of Valves
The assessment of a valve shall include, but not be limited to, the following items:
locating;
identifying;
accessing;
cleanout;
inspection;
exercising;
marking; and
mapping.
3.2 Work Plan
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PURE shall coordinate with the City on a daily basis to determine the valves to be assessed,
order they are to be assessed and procedures to be followed.
3.3 Traffic Control Plan(s)
PURE shall coordinate with the local agencies to develop detailed written traffic control plans to
support all valve inspections and assessments.
3.4 Locate and Map the Valve
PURE shall:
Search valve access location using the City’s location information
Valves shown on a plat but not located shall be searched for using recorded
measurements, magnet locator, probing rods, and other tools.
After searching for minimum of 15 minutes, a valve is to be labeled “cannot locate” and a
repair Work Order created to locate the valve. The “cannot locate” valve will be treated as
a standard valve assessment.
The physical location of boundary valves and valves on large customer service
connections shall be verified. Information is to be provided in a format defined by the City,
whereby the City can create work orders to correct problems with valves or valve boxes
discovered during the assessment. If requested by the City, PURE is to be capable of
providing additional services to enable access to the valve operating nut.
The access point to valve operating nut are to be GPS mapped with sub-meter or sub-foot
accuracy, including depth of operating nut to grade, and the other attribute and locational
data detailed and delivered in a database compatible with the City’s existing data scheme.
PURE will conduct weekly field corroborative surveys of monuments to confirm the
minimum sub-meter or sub-foot accuracy is consistently being achieved in mapping
valves.
3.5 Identifying Valves: PURE will use the City’s identification number to identify the valve.
3.6 Accessing the Valve
The valve cover shall be removed by PURE 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. Replacement covers will be provided by the City.
3.7 Valve and Valve Box Assessment Inspection
PURE will execute a visual inspection of the physical condition of the valve box or vault and the
ground surface in the immediate area. The findings of the inspection will be documented and all
valve boxes and vaults will be photographed in as-is condition. PURE will also collect two
additional photographs that orient the location of the valve box/vault in relation to surrounding
features. This inspection will be conducted from street level and is intended to discover
discrepancies (i.e., valve type, etc.) that are readily visible from above ground. Unsafe
conditions are to be immediately reported to the City.
3.8 Clean Out of Valve Boxes/Vaults
PURE will vacuum out debris and/or pump out water from the box/vault in order to allow access
to the valve operating nut and bonnet bolts where possible. In every case, the operating nut
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must be exposed and clearly visible (not under water or debris) when the valve is exercised. In
order to provide this service, PURE will provide a vacuum and water pump with every work
crew. The City will provide a location for discarding materials vacuumed out of the valve
structures.
Note regarding Vaults: If the valve body or gear box/actuator is not covered with debris, then
vaults will have any water pumped down below the valve body or gear box/actuator. Any debris
covering the valve body or gear box/actuator will only be vacuumed around and below the
operating nut.
3.9 Valve Exercising
PURE will fully exercise each valve a minimum of two full cycles (operated full open to full
closed to full open is one cycle). All valves shall be exercised with the minimum torque required,
applied in a graduated sequence to assure the all valves can be safely operated. Torque limits
will be agreed with the City before commencement of field operations. Operations and
exercising will continue until operating torque stabilizes without measurable decreases and
valve turn count stabilized without measurable increases.
As may be applicable, PURE shall submit standard operating procedures for the following
valves:
3” – 4” double disk gate valves
6” – 12” double disk gate valves
15” – 20” double disk gate valves
30” – 48” double disk gate valves, horizontal
30” – 48” double disk gate valves, vertical
6” – 12” resilient seated gate valves
16” – 20” resilient seated gate valve
6” – 20” butterfly valves
30” – 66” butterfly valves
boundary valves – valves between pressure zones
Controlling torque using hydraulic valve turning devices
Valves found in the wrong position
Torque limits for each of the above valves
Procedures for valves that do not cycle at the proposed torque limit
Procedures for large valves with inoperable bypass valves
3.10 Valve Marking
Valve lid covers will be marked as the inspection and exercising process is completed. For
valves that open “left”, PURE shall paint the lids blue. For valves that open “right”, PURE will
paint the lids white. For pressure boundary valves that are to remain “closed”, PURE shall paint
the lids red. The valve marking is intended to provide field evidence of work completed at an
individual valve, help identify the open direction of the valve, and will also assist any future
personnel locating the valve in a timely manner.in locating the valve in a timely manner.
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3.11 Valve Repairs
PURE will complete minor repairs as they are encountered throughout the valve inspections and
assessments. Minor repairs are defined as repairs that can return a valve to full operability and
do not require backhoe excavation or breaking the pressure barrier of the water system.
While many different repairs may be necessary in order to restore valves to full operability,
PURE is only to complete the minor repairs as noted below.
Raising valve boxes in asphalt
Locate the paved over valve, cut asphalt (small cut), jackhammer down to the cover, apply
risers to raise to existing street level, backfill with compacted material and patch with cold
patch material. Materials (risers and cold patch) are to be provided by the City.
Raising valve boxes in dirt, grass, sand and gravel
Locate the buried valve, dig down to the cover, utilize risers to raise valve box to existing
ground level, backfill with compacted soil. Materials (risers) are to be provided by the City.
3.12 Work Order Management
Work orders shall be created for all those valves that need additional repair. A Work Order will
be created for the repairs that are necessary to bring up to operability the valves, valve box,
vault or the ground surface in the immediate area. Such Work Orders shall be created from
information provided by PURE. That information is to specifically note the deficiency and the
repair activity required.
1. Valve ID number
2. Plat number
3. Specific deficiencies (category and details)
4. Specific repair activity
3.13 Valve Data and Documentation
All database deliverables shall be compatible with the City’s GIS systems. The database
information is to be electronically integrated in the GIS system as approved by the City.
Data will be documented on each valve and will be agreed upon in advance of work startup with
the City.
At a minimum, data documentation will include:
Physical data
Asset ID number, map or plat number, valve size, type of valve, operator gearing, valve
application, valve box/vault structure, depth of operating nut, if clean out or de-watering is
necessary, valve discrepancies (categories and details), box/vault discrepancies (by
category and detail), box/vault discrepancies (by category and details), document leak
sounds and additional physical information as necessary.
Location data
GPS position and coordinate data using sub-meter grade GPS coordinate data
parameters.
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Operational data
Number of turns to fully close, initial and final torque, close direction, torque chart for larger
valves or valves that are initially difficult to turn, specific operational discrepancies (by
category and details), additional operational comments as necessary.
Discrepancies
Detail on discrepancies so that a work order (as described below) can be created.
Data submitted on applicable valves shall be in a spatially accurate format compliant with the
City’s existing data structure. Metadata, including a detailed citation describing field data
collection practices, equipment settings, post processing procedures, base stations used for
differential correction and expected accuracy, are to be submitted with all interim and final data
deliveries. Valve Database information shall include, at a minimum;
The City ID number
Date of Operation
Valve Size & type
Type of Operating Gearing
Valve Application
Valve box structure
Depth of operating nut
Boolean indication whether debris was removed
Boolean indication whether water was pumped out
Close Direction
Number of turns full travel
Initial and Final operating torque
Valve Condition
Valve discrepancies
Valve box Condition
Valve box discrepancies
Valve operating nut access point GPS mapping
Valve operating nut access point verification City location
Other attributes as agreed
Before field operations commence, the City and PURE shall meet to review specific data
schemes to be employed on this project including the features to be collected, data format, and
procedures for incorporation of the field collected data into the City databases. A prepared
document detailing the proposed database deliverables and data integration procedures is to be
submitted for the City’s approval.
3.14 Torque Data
Torque charts will be submitted to the City in Excel, or other required format named by the
Asset ID and Date. This name will appear in both the ESRI GIS feature class for valves and in
the corresponding work order and asset table record fields where directed by the City.
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Torque Limits – Frozen Valves
The following torque limit specifications have been gathered from AWWA. In an effort to work
frozen valves, PURE will only operate the valve turning equipment to a maximum level of torque
as specified by the torque limits below. Should PURE be unable to free the valve at this torque
limit, the valve will be considered “frozen” and a work order will be created. If requested by the
City, PURE will apply additional methods and/or additional torque in an attempt to free up the
frozen valve. These activities will be billed on a time basis (please refer to hourly rate presented
under additional services in Attachment C).
Out of Position - Valve Protocol
PURE and the City will agree to a standard operating protocol to be executed when out of
position valves are encountered for both open and closed valves prior to startup of field
operations. Any additional time expended (to open/close or flush dead ends) will be charged at
the additional services hourly rate.
Valve Size Non-Geared Bevel Geared Spur Geared Butterfly
2 inch 225
4 inch 225
6 inch 225
8 inch 225
10 inch 225
12 inch 225 132 123
14 inch 225 75 118
16 inch 225 162 118
18 inch 225 162 144
20 inch 300 177 157 300
24 inch 325 127 120 300
30 inch 450 177 167 300
36 inch 550 162 156 300
42 inch 700 206 199 300
48 inch 800 235 227 300
54 inch 850 240 227 300
60 inch 900 250 300
72 inch 300
96 inch 300
Maximum Industry Standard Torque Limit Guidelines (in ft#'s)
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3.15 Valve Rehabilitation
3.15.1 Minor Valve Repairs
PURE will complete minor repairs as they are encountered throughout this program. Minor
repairs are defined as repairs which can return a valve to full operability and do not require
backhoe excavation, do not require breaking the pressure barrier of the water system, do not
require a valve repair technician and do not require replacement parts (excluding operating
nuts). While many different repairs may be necessary in order to restore valves to full
operability, the following repairs will be considered minor for which PURE shall provide unit
pricing. No quantities are implied or guaranteed. Other rehabilitation services, if requested by
the City and jointly agreed with PURE, will be billed per the hourly additional service rate line
item in the pricing section (the City will provide parts).
Raise valve boxes in unpaved areas: Locate the buried valve, dig down to the cover, apply
risers, raise to existing ground level, backfill with compacted soil. Materials (risers) will be
provided by the City.
Raise valve boxes in asphalt paved over areas: Locate the covered valve, cut asphalt
(small cut), apply risers to raise to existing street level, backfill with compacted material
and patch with cold patch material supplied by the City.
Raise valve boxes in concrete paved areas: Locate the paved over valve, cut concrete
(small cut), jackhammer down to the cover, apply risers, raise to existing street level,
partial backfill with compacted material and replacement with concrete material to match
existing depth of concrete roadway surface. Materials (risers) will be provided by the City.
Operating nut replacement: PURE will repair or replace operating nuts (hub) without
shutting down the water system and perform other repairs as jointly agreed with the CIty.
Realigning roadway structures: PURE will utilize a vacuum excavator to re-align the lower
and upper sections of roadway valve box structures.
If requested by the City, PURE will re-align valve boxes in dirt, grass, sand or gravel:
Locate the misaligned valve and re-adjust misaligned valve boxes to make the valve
operable. Alignments will be executed by digging or potholing in dirt, sand, grass or gravel
up to 24” in depth (not requiring a backhoe) and re-adjust or replace the valve box as
necessary, and backfill with compacted soil or material. Materials (valve boxes, lids) are
to be provided by the City.
If requested by the City, PURE will plan and execute in-service video inspection services
of valves in order to verify their operation and/or position while the line is kept in service.
Each video insertion and inspection will be billed per an optional fee.
3.15.2 Major Valve Repairs
PURE will complete major repairs based on the economic feasibility and probability of success.
This means that no repair is “off the table”. However, developing a unit rate for aggressive
repairs that takes into consideration the many low cost repair options – but may still be
considered a major repair is complicated.
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Removing a gear, grinding it, and reinstalling it is a major repair when considering that the yoke
assembly must be disassembled, the pinion gear removed and the time involved to make the
repair. However, the cost is relatively low by comparison to other major repairs that require
replacement of the part. Generally speaking, milling and grinding is significantly less expensive
than manufacturing as none of the parts are commercially available off the shelf.
Major Valve Repairs may include, but not be limited to:
Bull Gear and Pinion Gear Replacements
Gear Realignment & Engagement
Bonnet Bolt and Packing Gland Replacements
4.0 CONDITION ASSESSMENT, TESTING & MAN AGEMENT OF HYDRANTS (Optional)
4.1 Work Plan
PURE shall coordinate with the City on a daily basis to determine the hydrants to be assessed,
order they are to be assessed and procedures to be followed.
4.2 Traffic Control Plan(s)
Company shall coordinate with the local agencies to develop detailed written traffic control plans
to support all hydrant inspections and assessments.
4.3 Locate and Map the Hydrant
PURE shall locate and map the hydrant locations using GPS sub-meter or sub-foot accuracy,
according to locational data and deliver in a database compatible with the City’s existing data
scheme.
PURE is expected to clear obstructing plant growth (weeds, grass) from an area t hree (3) feet
surrounding the base of the fire hydrant prior to operating.
PURE will photograph the hydrant to document its existing condition.
PURE will periodically conduct field corroborative surveys of monuments to confirm the minimum
sub-meter or sub-foot accuracy is consistently being achieved in mapping valves.
4.4 Identify the Hydrant: Use the City’s identification number to identify the valve.
4.5 Fire Hydrant Testing and Exercising
PURE will inspect each fire hydrant for appearance, accessibility, leakage and functionality
following the AWWA M-17 manual, NFPA 291 and ISO requirements.
PURE will mechanically test; pressure test and flow test each fire hydrant. The mechanical
inspection shall include removing, greasing and replacing all caps, slowly opening and bleeding
the air out of the fire hydrant, pressurizing the barrel at full system pressure and noting
discrepancies. The mechanical inspection also includes performance of all valve activities on
the hydrant isolation valve.
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The pressure test will be conducted with the fire hydrant charged at full system pressure and
any leakage will be documented and the static pressure recorded. The flow test will be
conducted by opening the cap, affixing a diffuser, slowly opening the fire hydrant to the full open
position observing velocity pressure (pitot pressure) and residual pressure on the same hydrant.
At this time the fire hydrant will be slowly closed, drainage of the fire hydrant will be observed,
caps will be replaced and the area will be fully restored. The specific operational testing
information to be documented is noted in the documentation section.
4.6 Fire Hydrant Inspection Methods, Data and Documentation
PURE shall conduct fire hydrants inspections during the daytime. For each hydrant, the
technician will fill out an inspection sheet listing the following information:
a. Hydrant number on plan and hydrant
b. Address closest to fire hydrant,
c. Hydrant make, model and diameter
d. Accessibility of fire hydrant
e. Accessibility to operating nut on hydrant supply pipe valve
f. Description of supply pipe valve operating condition
g. Number and diameter of hose outlets
h. Hose outlet and cap condition
i. Hose outlet thread pitch
j. Flange height from ground
k. Condition of paint
l. Distance between water level inside hydrant and ground level
m. Hydrant depth, i.e. distance between boot and flanges
n. Description of any interior damage for each part, for instance :
Defective retaining chains or cables
Defective operating sleeve
Cracked barrel
Defective bearing
Leaking gate-type disc
Twisted stem
m. Description of operating condition for various mechanisms
n. Draining system operating condition
o. Verification of barrel and cap water tightness when hydrant valve is open
p. Static and dynamic pressure readings, calculation of actual flow when dynamic
pressure is 20 psi (138 KPa), taking into account the type of elbow installed
(e.g. 45o and 90o) and outlet-related friction coefficient
q. Water aesthetics
r. Inspection date and time, and inspector's name
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s. Supply pipe visibility, position and distance from hydrant, and valve box material
condition (once a year)
In addition, at the time of inspection, PURE will perform the following operations:
Assess the hydrant isolation valve in accordance with the requirements set forth
herein;
Lubricate hose outlets and caps;
Flush the fire hydrant and pipe section between hydrant and water main.
4.7 Hydrant Restoration
PURE will perform maintenance on the upper and interior mechanism on each hydrant, to
include:
Dismantling the upper and interior mechanism.
Cleaning oxidized parts.
Replacing o-rings, gaskets, packing and main valve gasket.
Replacing of defective parts.
Lubricating of parts with non-toxic grease.
4.8 Work Order Management: Work orders shall be created for all those hydrants that need
additional repair. A Work Order will be created for the repairs that are necessary to address
hydrant deficiencies. Such Work Orders shall be created from information provided by PURE.
That information is to specifically note the deficiency and the repair activity required.
Hydrant ID number and Plat number
Specific deficiencies (category and details)
Specific repair activity
4.9 Unidirectional Flushing of Hydrants
Upon request by the City, PURE shall develop, plan and execute a program to unidirectional
flush the water distribution system and create a deliverable database in a suitable format that is
compatible with the City’s current GIS/Database system platform.
Upon authorization by the City, PURE shall:
Develop a written sequencing plan for flushing hydrants in an area defined by the City. The
sequencing plan will be reviewed and approved by the City before PURE proceeds with
work.
Inspect fire hydrants for appearance, accessibility, leakage and functionality following the
AWWA M-17 manual, NFPA 291 and ISO requirements.
Inspect required main line valves and isolation valves for, accessibility, and functionality to
insure its ability to operate and fully “close” upon demand in accordance with the AWWA M-
44 manual PRIOR to initiating flushing of hydrants.
Before starting field work, a Standard Operating Procedure of action sequencing for the
flushing activity shall be set. Contingencies like mitigation of reduced fire flows in critical
areas (i.e. medical facilities, schools, etc.) must be included.
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PURE will assist the City to develop a letter which briefly explains the Unidirectional Water
Main Flushing program.
PURE will develop a press release to explain the Unidirectional Water Main Flushing
program and affected areas. The City will send the press releases to local newspapers,
local radio stations and television outlets. This type of customer notification greatly reduces
the number of customer complaints about dirty water.
PURE will develop a door hanger suitable to and for the City’s approval. PURE will
distribute to the affected property owners daily by 5:00 PM the day before the actual work
will take place in specific area.
To increase the water main velocity without opening additional hydrants (to conserve
water), specific valves will be closed prior to flushing. These valves will be recorded to
insure that all valves are re-opened at the end of each flushing period. A Standard
Operating Procedure for valve operations will be included with the plan.
PURE will use accurate pressure gauges to determine that the required velocities are
achieved during the flushing process. PURE shall provide recently-dated proof that the
pressure gauges used have been calibrated. PURE’s field crew will meet daily or as
agreed, with City personnel to go over areas of the Unidirectional Flushing program for the
prior workday, and plan current day and areas to survey.
PURE will document and note needed corrections on the City’s GIS data base and present
at the periodic update meetings.
At the end of each flushing period, or as requested by the City, a written list of broken or
inoperable fire hydrants and/or valves will be submitted to the City. Critical fire
hydrants/valves that may be subject to breakage will be discussed as far as operation
PRIOR to exercising to prevent loss of fire protection.
PURE will submit a Unidirectional Flushing Log with the final report including:
o Areas where work was performed
o Type of problems observed
o Location of problems discovered
o Mapping errors on the water atlas
5.0 GPS DATA COLLECTION AND MAPPING
All the water assets encountered in this program are to be GPS mapped within sub-meter or
sub-foot accuracy. Attribute data will be delivered in a geodatabase feature class compatible
with the City’s existing data scheme. Coordinate data shall be field collected with autonomous
GPS readings and subsequently differentially corrected via post-processing. PURE shall further
refine positions through filtering and inspection to eliminate noise, problematic satellite geometry
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
Coordinate system: as agreed with the City
Satellites: >= 4
Position Dilution of Precision (PDOP): <6
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Horizontal Dilution of Precision (HDOP): <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.
PDOP and HDOP values
Correction Status
Date and Time Recorded
Total and Filtered Positions
Horizontal and Vertical Precision
Standard Deviation
Coordinate .cor File Name h: X & Y coordinate
Elevation, vertical depth of operating nut
6.0 DELIVERABLES
PURE will provide applicable data in a spatially accurate format compliant with the City’s
existing data structure. The database shall contain the information agreed with the City.
Before field operations commence, a meeting to be attended by PURE and the City will be held
to reach alignment on specific data schemes to be employed. It is at this juncture that PURE
and the City will finalize 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 City’s data infrastructure so that it can be appropriately mapped and
accessed by City staff.
6.1 Periodic Update Meetings
PURE will conduct periodic update meetings to review the progress of work and present plans
for upcoming work activities. Progress reports will include, but not be limited to, the following:
Location of all leaks and/or gas pockets identified
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 valves. The
successful vendor 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 City’s asset
management system that could not be completed during the initial pass of inspection and
repair by the field crew. This report will be accompanied by a map document showing
location detail
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Wrong Position Valves – detailed map document showing where valves were:
o Found Closed Left Closed
o Found Closed Left Open
Hydrant Flow Allocation – A detailed map document allocating hydrant flow in Gallons per
Minute to a predefined unit of space (this unit of space to be recommended as part of the
response to this solicitation).
Validated database compliant with ESRI ArcGIS
6.2 Summarize and Prioritize Required Repairs
PURE will summarize and prioritize the required maintenance and repairs by the level of
urgency.
1. Hydrants and Valves requiring immediate restoration.
2. Hydrants and Valves requiring urgent restoration.
3. Hydrants and Valves requiring urgent restoration and/or replacement.
4. Hydrants and Valves without deficiencies pertinent to operation.
5. Conditions related to the surroundings of the hydrants and valves.
6. Valves or valve housing related conditions.
7. Network related conditions.
8. Hydrants and Valves restored within the last 36 months.
7.0 ADDITIONAL SERVICES
7.1 Work Orders
PURE will create work orders for all required repairs that are needed in order to bring the valves
and/or hydrants in the system up to 100% operability. These work orders will be captured and
managed in a database to be provided by PURE. 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
7.2 Scheduling
PURE will propose an overall schedule of work to be approved by THE CITY. THE CITY shall
approve the work schedule before allowing PURE to proceed. Company’s schedule will be
updated monthly at the monthly update meeting.
7.3 Safety & Traffic Control
PURE is responsible for the safety of their personnel and traffic control services. The
recommendations of THE CITY are to be followed when working in various types of streets
Company will abide by all OSHA safety regulations in the fulfillment of this scope of services.
Company 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
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safely each truck crew will have a minimum of two workers. All work vehicles will be
equipped with amber warning lights, strobe lights, safety cones, barriers, directional arrow board
lights, communications equipment and will clearly identify the service provider.
As required, PURE shall file for and perform work as may be required by the City’s Street
Department permit. Payment for all safety and traffic control services will be included in the
contract unit price for water valve assessments, valve box grade adjustments, and hydrant
assessment.
7.4 Cannot Locates (CNL’s)
If requested by the City, Cannot Locate (CNL) work orders will be addressed by PURE by
researching legacy data or other documents made available by the City. PURE may also
conduct additional field investigations in order to locate valves using the legacy data. These
services will be billed on a time basis (hourly additional services rate).
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ATTACHMENT B
TERMS AND CONDITIONS
CITY OF SOUTHLAKE
Professional Services Project
Optimization of the City’s Water Distribution System
through
Internal and External Leak/Air Pocket Detection
Assessment, Repair & Management of Valves and Hydrants
The Proposal is issued upon and is subject to the Terms and Conditions presented below,
which will be sought in the Agreement to be executed between the City of Southlake (CITY) and
Pure Technologies U.S. Inc. (PURE). If the Proposal is accepted by the CITY, these Terms and
Conditions and the Proposal will be the substantive basis for the Agreement between the CITY
and PURE.
DEFINITIONS
Under these Terms and Conditions the following definitions apply:
CITY means any person or persons, firm or company engaging PURE to provide the
Services.
Agreement means the professional services agreement to be executed between PURE as a
result of the Proposal.
Proposal means PURE’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 PURE under the
Agreement.
Site means the facility, land, installation or premises to which PURE is granted access
for the purposes of the Agreement and may include any combination of the
foregoing.
PURE means Pure Technologies U.S. Inc. and any of their affiliates.
PURE’S OBLIGATIONS
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.
PURE will ensure that the equipment used in performing the Services is in a good and
functional state.
CITY’S OBLIGATIONS
The CITY 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 CITY will at its own expense:
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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;
inform PURE in writing of any specia l 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;
perform such additional duties and responsibilities and provide such information and
resources as are described in the Proposal.
The description of the services and related compensation amount set out in the Proposal will be
based upon information that the CITY shall have provided to PURE, and assumptions that
PURE shall have identified in the Proposal. The CITY acknowledges that if any such
information provided by CITY is materially incomplete or inaccurate, or if the assumptions
identified by PURE are not correct, then the parties will modify the Proposal to reflect t he actual
information, assumptions, and Services required, and the compensation to PURE will be
adjusted accordingly using the change order process set out in the Agreement, or if there is no
such process, on an equitable basis.
PROPRIETARY AND CONFIDENTIAL INFORMATION
All reports generated in the performance of the Services and delivered by PURE to the CITY will
become the property of the CITY.
PURE’s equipment which is made available to the CITY in connection with the Agreement and
the raw data generated in the performance of the Services will remain the sole and exclusive
property of PURE. The CITY 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 Technology”). Any modifications or improvements to the PURE Technology
made during the performance of the Services will be the sole and exclusive property of PURE.
Both parties agree to keep confidential all documentation and information, including the
proposal and reports, provided by the other during the performance of the Agreement. The
obligations set out in this document will remain in full force and effect after any termination or
expiry, as the case may be, of the Agreement.
LIABILITY AND WARRANTIES
PURE will indemnify the CITY 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
CITY or any person for whom the CITY is responsible. The CITY will similarly indemnify PURE.
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 CITY or any third party, or for any punitive
Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com
Page B3
damages, even if advised of the possibility thereof and notwithstanding the failure of essential
purpose of any remedy.
PURE’s cumulative liability under the Agreement, whether in Agreement, tort (including
negligence), or otherwise, will in no event exceed the aggregate consideration paid by the CITY
to PURE for the portion of the Services that gave rise to the liability, provided, however, that this
clause shall not limit PURE’s indemnification obligations under these Conditions of
Engagement.
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 CITY for any liability or damages that arise from the CITY’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.
PURE’s warranties for the Services will be set out in the Agreement. 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 Agreement may be canceled or terminated by mutual written consent of the parties.
Additional Terms and Conditions related to the SmartBall and Sahara System:
a. Temporary Conditions: The SmartBall and Sahara technologies detect acoustic anomalies
that possess acoustic characteristics similar to leaks or pockets of trapped gas in
pressurized pipelines at the time of the survey. There may be situations whereby a leak or
pocket of trapped gas is not present during the time of the survey. Debris, pressure
changes, or other short term occurrences may occur which may temporarily stop a leak or
evacuate the pocket of gas and therefore will not be identified.
b. Project Delays: Pricing submitted in the proposal is based on commencing work and
continuing work once the Sahara personnel are on site. Should delays occur due to parties
other than Pure Technologies, Pure shall be reimbursed for the delay at a rate of $10,000
per crew day plus $17,500 for additional mobilizations. Should delays occur due to Pure
Technologies, no additional costs will apply.
Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com
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ATTACHMENT C
GENERAL FEE SCHEDULE
CITY OF SOUTHLAKE
Professional Services Project
Optimization of the City’s Water Distribution System
through
Internal and External Leak/Air Pocket Detection
Assessment, Repair & Management of Valves and Hydrants
:
Scope of Work Unit Price
Valve Assessment and Repair
Mobilization $ 5,000.00 each
Perform In-Line and Fire Hydrant Isolation Valve Assessment
and collect sub-meter GPS coordinates on Small Valves (<16”) $ 75.00 each
Perform In-Line Valve Assessment and collect sub-meter GPS
coordinates on Large Valves (≥16”) $325.00 each
Raise Valve Boxes to grade in asphalt paved areas (≤12”) $95.00 each
Raise Valve Boxes to grade in concrete paved areas (≤12”) $350.00 each
Hydrant Assessment, Testing and Routine Maintenance
Mobilization $5,000.00 each
Perform Hydrant Assessment, Testing, Routine Maintenance and
collection of sub-meter GPS coordinates $90.00 each
Unidirectional Flushing (UDF) $250.00 /
sequence
Synchronization Plan for UDF $TBD
Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com
Page D2
External Leak Detection Services
Leak Sounding $7.00 per asset
Locating and marking leaks based on Sounding $3,000 MOB +
$3,000 per day
Leak Surveys $325 per mile
Leak Investigation $3,000 MOB+
$3,000 per day
Hydrophones $2,500 per day
Sahara Leak & Gas Pocket Inspection
Mobilization $12,000.00
each
Daily rate for Sahara Leak Inspection via 2-inch access by
others; to includes CCTV viewing of pipe interior and video
recording, with leaks and gas pockets marked in real time
$11,500 per
day
Pipe Locating and Marking @ points of intersection and 300-foot
maximum intervals, including collection of sub-meter GPS
Coordinates
$ 850 per mile
Pipe-by-Pipe GIS Deliverable $ 1.52 per foot
SmartBall Leak & Gas Pocket Inspection
Mobilization $26,250 each
SmartBall Deployment (via 4-inch access by others), Tracking,
Retrieval (via 4-inch access by others), Data Analysis, collection
of sub-meter GPS coordinates at pipeline appurtenances and
Report
$ 16,538 per
mile
Locating and Marking Leak/Gas Pocket Locations $ 1,500 per day
Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com
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ATTACHMENT D
PROPRIETARY TECHNOLOGIES
CITY OF SOUTHLAKE
October 30, 2019
City of Southlake
1400 Main Street
Southlake, TX 76092
Subject: Pure Technologies’ Intellectual Property Portfolio for Proprietary Technologies
To Whom It May Concern:
Pure Technologies Ltd. (“Pure”) has created various leak detection and condition assessment
technologies that are protected by various North American and international patents and form
an integral part of Pure’s intellectual property portfolio.
SmartBall® Leak Detection (SmartBall)
Pure’s SmartBall leak detection platform is a free-swimming tool that can accurately identify
leaks and air pockets in water and wastewater pipelines. It is capable of locating very small
leaks typically within 6 feet (1.8 meters) of their actual location.
The applicable U.S. patents (includes noted applications) are:
Anomaly Detector for Pipelines (untethered, unpowered, rollable device to sense
condition of pipeline wall)
Patent No. 8,098,063
Issue Date: 1/17/2012
Apparatus and Method to Assess the Condition of Metallic and Other Pipelines -
Application
Serial No. 62,193,926
Status: Pending
Sahara® II (Sahara)
Pure’s Sahara II platform is a tethered tool used to identify stress in the pipe wall of pressurized
mains which is an indicator of where the pipe will be damaged.
The applicable U.S. patents (includes noted applications) are:
Deployment of Equipment into Fluid Containers and Conduits
Patent No. 6,889,703
Issue Date: 5/10/2005
Patent No. 7331,215
Issue Date: 2/19/2008
Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com
Page E2
Tethered Sensing System for Pipelines - Application
Serial No. 14,758,103
Status: Published
Should you require more information, please contact Clayton Coe at 972.795.2572 or by email
at clayton.coe@xyleminc.com.
Yours truly,
Pure Technologies U.S. Inc. a Xylem Brand
W. Clayton Coe
Program Manager