Item 4G - Attachmet B - Premier Magnesia Sole Source Letter (Executed)PUBLIC WORKS SIGNATURE FORM
This form must accompany any document sent to the for signature. The document must be
reviewed and initialed by the Department Director.
Document Title: Premier Magnesia Sole Source Letter
Project Name: Thioguard Sole Source Letter
Project Manager: jarellano@ci.southlake.tx.us
City Council Date:
Type of Document: Sole Source
Approval Requirements: City Manager
Internal Preferred Method of Return: Receive email with executed digital copies
Director Approval
Muu %..unen
Please return signed hard copy to PWA if
needed to be filed by SCO we request a
digital copy be sent to PWA Admin
Questions: Denise Hernandez @ ext. 8098
CITY OF
SOUTHLAKE
Sole Source Memo
Date 06/01 /2023
To: Shana Yelverton, City Manager
ORIG INIAL DOCUMENT
CITY OF SOUTFfLAKE
Council Action: YOI
Ord./Res. No.
Date Approved
From: Rob Cohen, Director of Public Works
Via: Jack Thompson, Deputy Director of Public Works/Operations, Lauren LaNeave, Deputy Director of Public Works Admin, Jason Arellano, Wastewater Supervisor
Subject: Sole Source Purchase Letter for Premier Magnesia, LLC
This memo is to obtain authorization of a Sole Source Purchase. This memo details the Sole Source
request.
This is a sole source because: (Check all that apply)
❑ One -of -a -kind — there is no competitive alternative on the market
Compatibility — must match existing brand or equipment for compatibility
Replacement part — for a specific brand of existing equipment
FTUnique design — must meet physical design or quality requirements
Other -
Describe the purpose of the purchase of goods or services and why this is a sole source:
Thiogurad is solely provided by Premier Magnesia. Thioguard is a controlled dosage of magnesium hydroxide
that is used to control sewer odors & corrosive gases in the wastewater collection system.
Thioguard also reduces the accumulation of fats, oils, and grease at lift station wet wells.
Staff Recommendation:
The recommendation for sole source is based upon an objective review of the product/service required
and appears to be in the best interest of the City of Southlake.
IZLVendor Sole Source Letter Attached '(Required)
This sole source procurement request is accurate and complete to the best of my knowledge and belief.
JU_''Director Approval
Based upon the a
Approved
Shana Yelverton,
I authorize the sole source acquisition of the goods or services specified.
E�CJ Date
. �
nager
So y
AMY L Y, TKM
CITY S CRETARY r-
May 18, 2023
Jason Arellano
CITY OF SOUTHLAKE
1950 E. Continental Blvd
Southlake, TX 76092
Re: Premier Magnesia, LLC’s THIOGUARD® Magnesium Hydroxide Slurry Proposal
– Sole Source
Dear Mr. Arellano,
I have been asked to provide you a brief description of the claim coverage for U.S.
Patent No. 5,833,864, entitled METHOD FOR THE REDUCTION AND CONTROL OF THE
RELEASE OF GAS AND ODORS FROM SEWAGE AND WASTE WATER, (the "'864
Patent"); U.S. Patent No. 5,718,944, entitled CORROSION PROTECTION IN CONCRETE
SANITARY SEWERS (the "'944 Patent"); U.S. Patent No. 5,834,075 entitled CORROSION
PROTECTION IN CONCRETE SANITARY SEWERS (the "'075 Patent"); and U.S. Patent
No. 6,056,997 entitled CORROSION PROTECTION IN CONCRETE SANITARY SEWERS
(the "'997 Patent").
The patents relate to using magnesium oxide or hydroxide to control odor and to
protect concrete surfaces from corrosion in municipal sewerage or wastewater.
Odor Control
The '864 Patent includes 26 claims directed towards controlling odor in sewers, rather
than controlling corrosion, by adding magnesium hydroxide or magnesium oxide. For
example, claim 1 broadly claims controlling odor in municipal sewerage or wastewater that
includes at least one compound which can be reduced to form hydrogen sulfide. Odor is
controlled by simply adding an effective amount of magnesium hydroxide or magnesium
oxide to the municipal sewerage or wastewater.
Corrosion Protection
The '944, '075 and '997 Patents generally claim methods for applying magnesium
oxide or magnesium hydroxide to concrete sewer surfaces for corrosion protection, and claim
concrete sewers including magnesium oxide or magnesium hydroxide layers deposited
therein.
In particular, the '944 Patent includes 45 claims directed towards methods of
protecting concrete surfaces from corrosion using magnesium oxide or magnesium
hydroxide. For example, claim 31 and 40 broadly claim a method for protecting concrete
surfaces from corrosion by simply forming a layer made substantially of magnesium oxide or
magnesium hydroxide thereon.
Five Tower Bridge
300 Barr Harbor Drive Suite 250
West Conshohocken, PA
19428-2998
MAGNESIA, LLC
The '075 Patent includes 21 claims directed towards corrosion resistant sewers
including magnesium oxide or magnesium hydroxide layers deposited thereon. For example,
claims 1 and 12 broadly claim a corrosion resistant sewer having an interior surface wherein
a layer made substantially of magnesium oxide or magnesium hydroxide is simply deposited
on at least a portion of the interior surface.
The '997 Patent includes 13 claims directed towards methods for killing or disabling
acid producing bacteria in a sanitary sewer. For example, claims 1 and 7 broadly claim such
a method by simply forming a layer made substantially of magnesium hydroxide or
magnesium oxide on a surface of the sewer.
Premier has spent a great deal of effort, research, time, trial and error, as well as
significant funds, in order to obtain the patent rights described above and to develop a
product of the quality that our customers require. We believe the efforts expended to obtain
such patents are indicative of the effort Premier will put forward to insure the City of
Southlake will receive a competitive, efficient and high quality product that will produce
superior results. To further that point, Premier has established a guideline for product
specifications to define the magnesia qualities that are most appropriate for the successful
treatment of municipal wastewater for odors, corrosion and biological treatment processes,
and uses those specification to qualify and quantify the Thioguard brand of Magnesium
Hydroxide Slurry.
Premier Magnesia is the exclusive provider of Thioguard branded products in Texas.
I hope that this helps in your understanding of Premier’s patent position, however, if
you wish to discuss the enclosed or have any questions please do not hesitate to contact
me.
Very truly yours,
Matthew P. Madolora
Director of Technology
Thioguard®
cc: P. Ahl, S. LeBlanc