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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 Page 2 of 3 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 Page 3 of 3 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. Page 1 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (7) "Sequential purchases" means purchases, made over a period, of items that in normal purchasing practices would be purchased in one purchase. (8) "Time warrant" includes any warrant issued by a municipality that is not payable from current funds. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1250, Sec. 2, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 207, Sec. 1, eff. May 23, 1995. Sec. 252.002. MUNICIPAL CHARTER CONTROLS IN CASE OF CONFLICT. Any provision in the charter of a home-rule municipality that relates to the notice of contracts, advertisement of the notice, requirements for the taking of sealed bids based on specifications for public improvements or purchases, the manner of publicly opening bids or reading them aloud, or the manner of letting contracts and that is in conflict with this chapter controls over this chapter unless the governing body of the municipality elects to have this chapter supersede the charter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 749, Sec. 5, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 757, Sec. 7, eff. Sept. 1, 1993. Sec. 252.003. APPLICATION OF OTHER LAW. The purchasing requirements of Section 361.426, Health and Safety Code, apply to municipal purchases made under this chapter. Added by Acts 1991, 72nd Leg., ch. 303, Sec. 17, eff. Sept. 1, 1991. SUBCHAPTER B. COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED Sec. 252.021. COMPETITIVE REQUIREMENTS FOR PURCHASES. (a) Before a municipality may enter into a contract that requires an expenditure of more than $50,000 from one or more municipal funds, the municipality must: (1) comply with the procedure prescribed by this subchapter and Subchapter C for competitive sealed bidding or competitive sealed proposals; Page 2 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (2) use the reverse auction procedure, as defined by Section 2155.062(d), Government Code, for purchasing; or (3) comply with a method described by Chapter , Government Code. (b) A municipality may use the competitive sealed proposal procedure for the purchase of goods or services, including high technology items and insurance. (c) The governing body of a municipality that is considering using a method other than competitive sealed bidding must determine before notice is given the method of purchase that provides the best value for the municipality. The governing body may delegate, as appropriate, its authority under this subsection to a designated representative. If the competitive sealed proposals requirement applies to the contract, the municipality shall consider the criteria described by Section 252.043(b) and the discussions conducted under Section 252.042 to determine the best value for the municipality. (d) This chapter does not apply to the expenditure of municipal funds that are derived from an appropriation, loan, or grant received by a municipality from the federal or state government for conducting a community development program established under Chapter 373 if under the program items are purchased under the request-for-proposal process described by Section 252.042. A municipality using a request-for- proposal process under this subsection shall also comply with the requirements of Section 252.0215. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 56(b), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 749, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 757, Sec. 11, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 45, Sec. 1, eff. May 5, 1995; Acts 1997, 75th Leg., ch. 790, Sec. 1, eff. June 17, 1997; Acts 1999, 76th Leg., ch. 571, Sec. 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 115, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 436, Sec. 2, eff. May 28, 2001; Acts 2001, 77th Leg., ch. 436, Sec. 3, eff. May 28, 2001; Acts 2001, 77th Leg., ch. 1409, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 217, Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 12.003, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 434 (S.B. 1765), Sec. 1, eff. Page 3 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1272 (H.B. 3517), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1272 (H.B. 3517), Sec. 2, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 4.01, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002 (20), eff. September 1, 2013. Sec. 252.0215. COMPETITIVE BIDDING IN RELATION TO HISTORICALLY UNDERUTILIZED BUSINESS. A municipality, in making an expenditure of more than $3,000 but less than $50,000, shall contact at least two historically underutilized businesses on a rotating basis, based on information provided by the comptroller pursuant to Chapter 2161, Government Code. If the list fails to identify a historically underutilized business in the county in which the municipality is situated, the municipality is exempt from this section. Added by Acts 1993, 73rd Leg., ch. 749, Sec. 3, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.18, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 115, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 434 (S.B. 1765), Sec. 2, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.100, eff. September 1, 2007. Sec. 252.022. GENERAL EXEMPTIONS. (a) This chapter does not apply to an expenditure for: (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality; (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents; Page 4 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other property; (4) a procurement for personal, professional, or planning services; (5) a procurement for work that is performed and paid for by the day as the work progresses; (6) a purchase of land or a right-of-way; (7) a procurement of items that are available from only one source, including: (A) items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; (B) films, manuscripts, or books; (C) gas, water, and other utility services; (D) captive replacement parts or components for equipment; (E) books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and (F) management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; (8) a purchase of rare books, papers, and other library materials for a public library; (9) paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; (10) a public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; (11) a payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; (12) personal property sold: (A) at an auction by a state licensed auctioneer; Page 5 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (B) at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; (C) by a political subdivision of this state, a state agency of this state, or an entity of the federal government; or (D) under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; (13) services performed by blind or severely disabled persons; (14) goods purchased by a municipality for subsequent retail sale by the municipality; (15) electricity; or (16) advertising, other than legal notices. (b) This chapter does not apply to bonds or warrants issued under Subchapter A, Chapter 571. (c) This chapter does not apply to expenditures by a municipally owned electric or gas utility or unbundled divisions of a municipally owned electric or gas utility in connection with any purchases by the municipally owned utility or divisions of a municipally owned utility made in accordance with procurement procedures adopted by a resolution of the body vested with authority for management and operation of the municipally owned utility or its divisions that sets out the public purpose to be achieved by those procedures. This subsection may not be deemed to exempt a municipally owned utility from any other applicable statute, charter provision, or ordinance. (d) This chapter does not apply to an expenditure described by Section 252.021(a) if the governing body of a municipality determines that a method described by Chapter , Government Code, provides a better value for the municipality with respect to that expenditure than the procedures described in this chapter and the municipality adopts and uses a method described in that chapter with respect to that expenditure. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 47(c), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1001, Sec. 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 42, Sec. 1, eff. April 25, 1991; Acts 1993, 73rd Leg., ch. 749, Sec. 7, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 757, Page 6 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... Sec. 9, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 207, Sec. 2, eff. May 23, 1995; Acts 1995, 74th Leg., ch. 746, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 125, Sec. 1, eff. May 19, 1997; Acts 1997, 75th Leg., ch. 1370, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 405, Sec. 41, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1409, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 8.290, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 434 (S.B. 1765), Sec. 3, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(3), eff. April 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 4.02, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002 (21), eff. September 1, 2013. Sec. 252.023. EXEMPTIONS FROM REFERENDUM PROVISIONS. The referendum provisions prescribed by Section 252.045 do not apply to expenditures that are payable: (1) from current funds; (2) from bond funds; or (3) by time warrants unless the amount of the time warrants issued by the municipality for all purposes during the current calendar year exceeds: (A) $7,500 if the municipality's population is 5,000 or less; (B) $10,000 if the municipality's population is 5,001 to 24,999; (C) $25,000 if the municipality's population is 25,001 to 49,999; or (D) $100,000 if the municipality's population is more than 50,000. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 109, Sec. 1, eff. Aug. 26, 1991. Sec. 252.024. SELECTION OF INSURANCE BROKER. This chapter does Page 7 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... not prevent a municipality from selecting a licensed insurance broker as the sole broker of record to obtain proposals and coverages for excess or surplus insurance that provides necessary coverage and adequate limits of coverage in structuring layered excess coverages in all areas of risk requiring special consideration, including public official liability, police professional liability, and airport liability. The broker may be retained only on a fee basis and may not receive any other remuneration from any other source. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. SUBCHAPTER C. PROCEDURES Sec. 252.041. NOTICE REQUIREMENT. (a) If the competitive sealed bidding requirement applies to the contract, notice of the time and place at which the bids will be publicly opened and read aloud must be published at least once a week for two consecutive weeks in a newspaper published in the municipality. The date of the first publication must be before the 14th day before the date set to publicly open the bids and read them aloud. If no newspaper is published in the municipality, the notice must be posted at the city hall for 14 days before the date set to publicly open the bids and read them aloud. (b) If the competitive sealed proposals requirement applies to the contract, notice of the request for proposals must be given in the same manner as that prescribed by Subsection (a) for the notice for competitive sealed bids. (c) If the contract is for the purchase of machinery for the construction or maintenance of roads or streets, the notice for bids and the order for purchase must include a general specification of the machinery desired. (d) If the governing body of the municipality intends to issue time warrants for the payment of any part of the contract, the notice must include a statement of: (1) the governing body's intention; (2) the maximum amount of the proposed time warrant indebtedness; (3) the rate of interest the time warrants will bear; and (4) the maximum maturity date of the time warrants. Page 8 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 109, Sec. 2, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 749, Sec. 4, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 757, Sec. 6, eff. Sept. 1, 1993. Sec. 252.0415. PROCEDURES FOR ELECTRONIC BIDS OR PROPOSALS. (a) A municipality may receive bids or proposals under this chapter through electronic transmission if the governing body of the municipality adopts rules to ensure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time. (b) Notwithstanding any other provision of this chapter, an electronic bid or proposal is not required to be sealed. A provision of this chapter that applies to a sealed bid or proposal applies to a bid or proposal received through electronic transmission in accordance with the rules adopted under Subsection (a). Added by Acts 2001, 77th Leg., ch. 1063, Sec. 6, eff. Sept. 1, 2001. Sec. 252.042. REQUESTS FOR PROPOSALS FOR CERTAIN PROCUREMENTS. (a) Requests for proposals made under Section 252.021 must solicit quotations and must specify the relative importance of price and other evaluation factors. (b) Discussions in accordance with the terms of a request for proposals and with regulations adopted by the governing body of the municipality may be conducted with offerors who submit proposals and who are determined to be reasonably qualified for the award of the contract. Offerors shall be treated fairly and equally with respect to any opportunity for discussion and revision of proposals. To obtain the best final offers, revisions may be permitted after submissions and before the award of the contract. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 56(c), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 45, Sec. 2, eff. May 5, 1995. Sec. 252.043. AWARD OF CONTRACT. (a) If the competitive Page 9 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTIN... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... sealed bidding requirement applies to the contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality. (b) In determining the best value for the municipality, the municipality may consider: (1) the purchase price; (2) the reputation of the bidder and of the bidder's goods or services; (3) the quality of the bidder's goods or services; (4) the extent to which the goods or services meet the municipality's needs; (5) the bidder's past relationship with the municipality; (6) the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; (7) the total long-term cost to the municipality to acquire the bidder's goods or services; and (8) any relevant criteria specifically listed in the request for bids or proposals. (b-1) In addition to the considerations provided by Subsection (b), a joint board described by Section 22.074(d), Transportation Code, that awards contracts in the manner provided by this chapter may consider, in determining the best value for the board, the impact on the ability of the board to comply with laws, rules, and programs relating to contracting with small businesses, as defined by 13 C.F.R. Section 121.201. (c) Before awarding a contract under this section, a municipality must indicate in the bid specifications and requirements that the contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality. (d) Except as provided by Subsection (d-1), the contract must be awarded to the lowest responsible bidder if the competitive sealed bidding requirement applies to the contract for construction of: (1) highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water and wastewater Page 10 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction; or (2) buildings or structures that are incidental to projects that are primarily civil engineering construction projects. (d-1) A contract for construction of a project described by Subsection (d) that requires an expenditure of $1.5 million or less may be awarded using the competitive sealed proposal procedure prescribed by Subchapter D, Chapter , Government Code. (e) If the competitive sealed bidding requirement applies to the contract for construction of a facility, as that term is defined by Section 2269.001, Government Code, the contract must be awarded to the lowest responsible bidder or awarded under the method described by Chapter , Government Code. (f) The governing body may reject any and all bids. (g) A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. This chapter does not change the common law right of a bidder to withdraw a bid due to a material mistake in the bid. (h) If the competitive sealed proposals requirement applies to the contract, the contract must be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the municipality considering the relative importance of price and the other evaluation factors included in the request for proposals. (i) This section does not apply to a contract for professional services, as that term is defined by Section 2254.002, Government Code. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1370, Sec. 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1409, Sec. 3, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 739 (H.B. 2661), Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 428 (S.B. 1618), Sec. 1, eff. June 15, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 4.03, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002 (22), eff. September 1, 2013. Page 11 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... Sec. 252.0435. SAFETY RECORD OF BIDDER CONSIDERED. In determining who is a responsible bidder, the governing body may take into account the safety record of the bidder, of the firm, corporation, partnership, or institution represented by the bidder, or of anyone acting for such a firm, corporation, partnership, or institution if: (1) the governing body has adopted a written definition and criteria for accurately determining the safety record of a bidder; (2) the governing body has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder; and (3) the determinations are not arbitrary and capricious. Added by Acts 1989, 71st Leg., ch. 1, Sec. 58(b), eff. Aug. 28, 1989. Sec. 252.0436. CONTRACT WITH PERSON INDEBTED TO MUNICIPALITY. (a) A municipality by ordinance may establish regulations permitting the municipality to refuse to enter into a contract or other transaction with a person indebted to the municipality. (b) It is not a violation of this chapter for a municipality, under regulations adopted under Subsection (a), to refuse to award a contract to or enter into a transaction with an apparent low bidder or successful proposer that is indebted to the municipality. (c) In this section, "person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the municipality requiring approval by the governing body of the municipality. Added by Acts 2003, 78th Leg., ch. 156, Sec. 1, eff. Sept. 1, 2003. Sec. 252.044. CONTRACTOR'S BOND. (a) If the contract is for the construction of public works, the bidder to whom the contract is awarded must execute a good and sufficient bond. The bond must be: (1) in the full amount of the contract price; (2) conditioned that the contractor will faithfully perform the contract; and Page 12 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (3) executed, in accordance with Chapter 2253, Government Code, by a surety company authorized to do business in the state. (b) Repealed by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993. (c) The governing body of a home-rule municipality by ordinance may adopt the provisions of this section and Chapter 2253, Government Code, relating to contractors' surety bonds, regardless of a conflicting provision in the municipality's charter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995. Sec. 252.045. REFERENDUM ON ISSUANCE OF TIME WARRANTS. (a) If, by the time set for letting a contract under this chapter, a written petition with the required signatures is filed with the municipal secretary or clerk requesting the governing body of the municipality to order a referendum on the question of whether time warrants should be issued for an expenditure under the contract, the governing body may not authorize the expenditure or finally award the contract unless the question is approved by a majority of the votes received in the referendum. The petition must be signed by at least 10 percent of the qualified voters of the municipality whose names appear as property taxpayers on the municipality's most recently approved tax rolls. (b) If a petition is not filed, the governing body may finally award the contract and issue the time warrants. In the absence of a petition, the governing body may, at its discretion, order the referendum. (c) The provisions of Subtitles A and C, Title 9, Government Code, relating to elections for the issuance of municipal bonds and to the issuance, approval, registration, and sale of bonds govern the referendum and the time warrants to the extent those provisions are consistent with this chapter. However, the time warrants may mature over a term exceeding 40 years only if the governing body finds that the financial condition of the municipality will not permit payment of warrants issued for a term of 40 years or less from taxes that are imposed substantially uniformly during the term of the warrants. Page 13 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (d) This section does not supersede any additional rights provided by the charter of a special-law municipality and relating to a referendum. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 38, eff. Sept. 1, 1999. Sec. 252.046. CIRCUMSTANCES IN WHICH CURRENT FUNDS TO BE SET ASIDE. If an expenditure under the contract is payable by warrants on current funds, the governing body of the municipality by order shall set aside an amount of current funds that will discharge the principal and interest of the warrants. Those funds may not be used for any other purpose, and the warrants must be discharged from those funds and may not be refunded. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 252.047. PAYMENT METHOD FOR CERTAIN CONTRACTS. If the contract is for the construction of public works or for the purchase of materials, equipment, and supplies, the municipality may let the contract on a lump-sum basis or unit price basis as the governing body of the municipality determines. If the contract is let on a unit price basis, the information furnished to bidders must specify the approximate quantity needed, based on the best available information, but payment to the contractor must be based on the actual quantity constructed or supplied. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 252.048. CHANGE ORDERS. (a) If changes in plans or specifications are necessary after the performance of the contract is begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, the governing body of the municipality may approve change orders making the changes. (b) The total contract price may not be increased because of the changes unless additional money for increased costs is appropriated for that purpose from available funds or is provided for by the authorization of the issuance of time warrants. Page 14 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... (c) If a change order involves a decrease or an increase of $50,000 or less, the governing body may grant general authority to an administrative official of the municipality to approve the change orders. (c-1) If a change order for a public works contract in a municipality with a population of 300,000 or more involves a decrease or an increase of $100,000 or less, or a lesser amount as provided by ordinance, the governing body of the municipality may grant general authority to an administrative official of the municipality to approve the change order. (d) The original contract price may not be increased under this section by more than 25 percent. The original contract price may not be decreased under this section by more than 25 percent without the consent of the contractor. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 706, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 746, Sec. 2, eff. Aug. 28, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 479 (H.B. 679), Sec. 1, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.09, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 7, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1356 (S.B. 1430), Sec. 2, eff. June 14, 2013. Sec. 252.049. CONFIDENTIALITY OF INFORMATION IN BIDS OR PROPOSALS. (a) Trade secrets and confidential information in competitive sealed bids are not open for public inspection. (b) If provided in a request for proposals, proposals shall be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for public inspection. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Page 15 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... Sec. 252.050. LEASE-PURCHASE OR INSTALLMENT PURCHASE OF REAL PROPERTY. (a) This section applies only to a lease-purchase or installment purchase of real property financed by the issuance of certificates of participation. (b) The governing body of a municipality may not make an agreement under which the municipality is a lessee in a lease-purchase of real property or is a purchaser in an installment purchase of real property unless the governing body first obtains an appraisal by a qualified appraiser who is not an employee of the municipality. The purchase price may not exceed the fair market value of the real property, as shown by the appraisal. Added by Acts 1989, 71st Leg., 1st C.S., ch. 10, Sec. 2, eff. Oct. 18, 1989. Sec. 252.051. APPRAISAL REQUIRED BEFORE PURCHASE OF PROPERTY WITH BOND PROCEEDS. A municipality may not purchase property wholly or partly with bond proceeds until the municipality obtains an independent appraisal of the property's market value. Added by Acts 2011, 82nd Leg., R.S., Ch. 719 (H.B. 782), Sec. 1, eff. September 1, 2011. SUBCHAPTER D. ENFORCEMENT Sec. 252.061. INJUNCTION. If the contract is made without compliance with this chapter, it is void and the performance of the contract, including the payment of any money under the contract, may be enjoined by: (1) any property tax paying resident of the municipality; or (2) a person who submitted a bid for a contract for which the competitive sealed bidding requirement applies, regardless of residency, if the contract is for the construction of public works. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2009, 81st Leg., R.S., Ch. 979 (H.B. 3668), Sec. 1, eff. Page 16 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... September 1, 2009. Sec. 252.062. CRIMINAL PENALTIES. (a) A municipal officer or employee commits an offense if the officer or employee intentionally or knowingly makes or authorizes separate, sequential, or component purchases to avoid the competitive bidding requirements of Section 252.021. An offense under this subsection is a Class B misdemeanor. (b) A municipal officer or employee commits an offense if the officer or employee intentionally or knowingly violates Section 252.021, other than by conduct described by Subsection (a). An offense under this subsection is a Class B misdemeanor. (c) A municipal officer or employee commits an offense if the officer or employee intentionally or knowingly violates this chapter, other than by conduct described by Subsection (a) or (b). An offense under this subsection is a Class C misdemeanor. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1250, Sec. 3, eff. Sept. 1, 1989. Sec. 252.063. REMOVAL; INELIGIBILITY. (a) The final conviction of a municipal officer or employee for an offense under Section 252.062(a) or (b) results in the immediate removal from office or employment of that person. (b) For four years after the date of the final conviction, the removed officer or employee is ineligible: (1) to be a candidate for or to be appointed or elected to a public office in this state; (2) to be employed by the municipality with which the person served when the offense occurred; and (3) to receive any compensation through a contract with that municipality. (c) This section does not prohibit the payment of retirement or workers' compensation benefits to the removed officer or employee. Added by Acts 1989, 71st Leg., ch. 1250, Sec. 4, eff. Sept. 1, 1989. Page 17 of 18LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACT... 9/4/2014http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=LG%2fLG.252&Phrases=22... 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 Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com 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. Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A3 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. Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A4 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 Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A5 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 Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A6 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. Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A7 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. Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A8  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. Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A9 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) Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A10 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. Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A11 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. Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A12 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 Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A13 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. Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A14  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 Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A15  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 Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A16  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 Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page A17 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). Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page B1 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: Dallas, Texas | 2310 McDaniel Dr. | Carrollton, Texas, USA 75006 | Tel: +1 (214) 377-5300 | xylem.com Page B2  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 Page D1 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 Page E1 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