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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