2016-389•' � • • �
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR PIPELINE INSPECTION AND
CONDITION ASSESSMENT AT THE LAKE LEWISVILLE WATER TREATMENT PLANT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FTLE 6281—AWARDED TO PURE TECHNOLOGIES U.S. 1NC. IN AN
AMOUNT NOT-TO-EXCEED $592,740).
WHEREAS, ����i��t7 ��?.022 of the Local Government Code provides that procurement
of items that are only available f`r�r��l c���� �c������i�, ii��lt��i���; �1e�r�s that are only available from
ane source because of patents, copyrights, secret processes or natural
manopolies; films, manuscripts or books; electricity, gas, water and other utility purchases;
captive replacement parts or components for equipment; and library materials for a public library
that are available only from the persons holding exclusive distributian rights to the materials; and
need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as described
in the 66File" listed hereon, and on file in the office of the Purchasing Agent, and the license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
6281 Pure Technalogies U.S. Inc. $592,740
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including, iterns that
are only available from ane source because af patents, copyrights, secret processes or natural
monopalies; films, manuscripts or books; electricity, gas, water and other utility purchases;
captive replacement parts or components far equipment; and library materials for a public library
that are available only from the persons holding exclusive distribution rights to the materials; and
need not be submitted to competitive bids.
SECTION 3. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 6281 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall becorne effective immediately upon its passage and
appraval. _._._.
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JENNIFER WALTERS, CITY SECRETARY
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ANITA BURGESS, CITY ATTORNEY
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DocuSign Envelope ID: 5CEA3990-5C6D-4F06-9293-3314B0D0C6E1
PROFESSIONAL SERVICES AGREEMENT
FOR LAKE LEWISVILLE RAW WATER LINE ASSESSMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into on Pure Technologies U.S. Inc., by and
between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215
East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “OWNER” and
Pure Technologies U.S. Inc., with its corporate office at 4505 Excel Parkway, Ste#600, Addison
TX 75001, hereinafter called “CONSULTANT,” acting herein, by and through their duly
authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the highest
professional standards customarily obtained for such services in the State of Texas. The
professional services set out herein are in connection with the following described project:
The Project shall include, without limitation, (herein describe project)
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A.The CONSULTANT shall perform all those services as necessary and as described in the
OWNER’s Technical Specifications (describe any request for proposal which the OWNER
has utilized to solicit the CONSULTANT’s services), which is attached hereto and made a
part hereof as Exhibit “A” as if written word for word herein.
B.To perform all those services set forth in CONSULTANT’s Scope of Work dated
September 20, 2016 (describe any proposal of CONSULTANT which has been provided
including the date of said proposal), which proposal is attached hereto and made a part
hereof as Exhibit “B” as if written word for word herein.
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C.CONSULTANT shall perform all those services set forth in individual task orders which
shall be attached to this Agreement and made a part hereof for all purposes as separate
agreements. (If CONSULTANT is a professional engineer and you wish to list specific
services of the CONSULTANT, please list all specific engineering services to be provided,
including the preparation of detailed plans and specifications.)
D.If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms and
conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES
(To be used if CONSULTANT is an engineer.) Additional services to be performed by the
CONSULTANT, if authorized by the OWNER, which are not included in the above- described
Basic Services, are described as follows:
A.During the course of the Project, as requested by OWNER, the CONSULTANT will be
available to accompany OWNER’s personnel when meeting with the Texas Natural
Resource Conservation Commission, U.S. Environmental Protection Agency, or other
regulatory agencies. The CONSULTANT will assist OWNER’s personnel on an as-
needed basis in preparing compliance schedules, progress reports, and providing general
technical support for the OWNER’s compliance efforts.
B.Assisting OWNER or contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, if any,
shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties
outside of and in addition to this Agreement.
C.Sampling, testing, or analysis beyond that specifically included in Basic Services.
D.Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files
for the OWNER’s use in a future CAD system.
E.Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
F.Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties or condemnation proceedings arising from the development or construction of
the Project, including the preparation of engineering data and reports for assistance to the
OWNER.
G.Providing geotechnical investigations for the site, including soil borings, related analyses,
and recommendations.
H.(List any additional services not included in Basic Services.)
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ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the OWNER
and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain
in force for the period which may reasonably be required for the completion of the Project,
including Additional Services, if any, and any required extensions approved by the OWNER. This
Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the
essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expeditiously as possible and to meet the schedule established by the
OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A.COMPENSATION TERMS:
1.“Subcontract Expense” is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services in the nature of outside services,
not provided by the Consultant.
2.“Direct Non-Labor Expense” is defined as that expense for any assignment incurred
by the CONSULTANT for supplies, transportation and equipment, travel,
communications, subsistence, and lodging away from home, and similar incidental
expenses in connection with that assignment.
B.BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit “B” which is attached hereto and made a
part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $592,740.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered. The OWNER
may withhold the final five percent (5%/ 20% SOW) of the contract amount until
completion of the Project.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
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It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments
by the OWNER for any charge, expense, or reimbursement above the maximum not to
exceed fee as stated, without first having obtained written authorization from the OWNER.
The CONSULTANT shall not proceed to perform the services listed in Article III
“Additional Services,” without obtaining prior written authorization from the OWNER.
C.ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER
in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an
hourly rate shown in Exhibit “B.” Payments for additional services shall be due and
payable upon submission by the CONSULTANT, and shall be in accordance with
subsection B hereof. Statements shall not be submitted more frequently than monthly.
D.PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services
and expenses within thirty (30) days after receipt of the CONSULTANT’s undisputed
statement thereof, the amounts due the CONSULTANT will be increased by the rate of
th
one percent (1%) per month from the said thirtieth (30) day, and, in addition, the
CONSULTANT may, after giving seven (7) days’ written notice to the OWNER, suspend
services under this Agreement until the CONSULTANT has been paid in full all amounts
due for services, expenses, and charges, provided, however, nothing herein shall require
the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER
reasonably determines that the work is unsatisfactory, in accordance with this Article V,
“Compensation.”
E.Invoicesshall be sent directly to the City of Denton Accounts Payable Department, 215 E
McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract
administrator as identified in the Notice to Proceed. It is the intention of the City of Denton
to make payment on completed orders within thirty days after receipt of invoice or items;
whichever is later, unless unusual circumstances arise. Invoices must be fully
documented as to labor, materials, and equipment provided, if applicable, and must
reference the City of Denton Purchase Order Number in order to be processed. No
payments shall be made on invoices not listing a Purchase Order Number.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any subcontractors or sub-consultants.
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ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s
subcontractors or sub-consultants) pursuant to this Agreement are instruments of service, and shall
become the property of the OWNER upon the termination of this Agreement. The CONSULTANT
is entitled to retain copies of all such documents. The documents prepared and furnished by the
CONSULTANT are intended only to be applicable to this Project, and OWNER’s use of these
documents in other projects shall be at OWNER’s sole risk and expense. In the event the OWNER
uses any of the information or materials developed pursuant to this Agreement in another project
or for other purposes than specified herein, CONSULTANT is released from any and all liability
relating to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred
by the OWNER, and including, without limitation, damages for bodily and personal injury, death
and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its
officers, shareholders, agents, or employees in the execution, operation, or performance of this
Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at law
or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
Notwithstanding anything herein to the contrary, neither party hereto will be liable to the other for
any consequential, indirect, incidental, or special loss or damage suffered by the other party or any
third party, or for any punitive damages.
ARTICLE X
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall maintain the
following insurance with an insurance company licensed to do business in the State of Texas by the
State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at
least an A- or above:
A.Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
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$100,000 in the aggregate.
B.Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident, and with property damage limits of
not less than $100,000 for each accident.
C.Worker’s Compensation Insurance in accordance with statutory requirements, and
Employers’ Liability Insurance with limits of not less than $100,000 for each accident.
D.Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
E.The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER’s request to evidence such coverages. The General Liability and Auto Liability
insurance policies shall name the OWNER as an additional insured. CONSULTANT shall
endeavor to provide OWNER with any cancellation or modification to its insurance
policies.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to this Agreement, involving one party’s
disagreement, may include the other party to the disagreement without the other’s approval.
ARTICLE XII
TERMINATION OF AGREEMENT
A.Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days’ advance written notice to the other party.
B.This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons specifying
the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2)
an opportunity for consultation with the terminating party prior to termination.
C.If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services and shall render a final bill for
services to the OWNER within thirty (30) days after the date of termination. The
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OWNER shall pay CONSULTANT for (i) all services properly rendered and satisfactorily
performed, (ii) for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V “Compensation,” and (iii) for reasonably
incurred termination expenses resulting from the early termination by the OWNER. Should
the OWNER subsequently contract with a new consultant for the continuation of services
on the Project, CONSULTANT shall cooperate in providing information. The
CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT
pursuant to this Agreement to the OWNER on or before the date of termination, but may
maintain copies of such documents for its use.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility
and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and sub-
consultants for the accuracy and competency of their designs or other work; nor shall such approval
be deemed to be an assumption of such responsibility by the OWNER for any defect in the design
or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and
consultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall
be personally delivered or mailed to the respective parties by depositing same in the United States
mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing:
To CONSULTANT: To OWNER:
Pure Technologies U. S. Inc. City of Denton
Attn: Mr. David W. Kurtz. P.E. Mr. Elton Brock
4505 Excel Parkway, Ste 600 215 EastMcKinney
Addison, TX 75001 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days’ mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of twenty-one (21) pages and two exhibits, constitutes the
complete and final expression of the agreement of the parties, and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, and agreements
which may have been made in connection with the subject matter hereof.
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ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction
to be invalid or unenforceable, it shall be considered severable from the remainder of this
Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the
parties shall reform this Agreement to replace such stricken provision with a valid and enforceable
provision which comes as close as possible to expressing the intention of the stricken provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations,
and ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XIX
PERSONNEL
A.The CONSULTANT represents that it has or will secure, at its own expense, all personnel
required to perform all the services required under this Agreement. Such personnel shall
not be employees or officers of, or have any contractual relations with the OWNER.
CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict
of interest that may arise during the term of this Agreement.
B.All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized and
permitted under state and local laws to perform such services.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer
any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior
written consent of the OWNER.
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ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in writing
and duly executed; and the parties further agree that the provisions of this section will not be
waived unless as set forth herein.
ARTICLE XXII
MISCELLANEOUS
A.The following exhibits are attached to and made a part of this Agreement: (list exhibits)
B.The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract
period and five years thereafter, except if an audit is in progress or audit findings are yet
unresolved, in which case records shall be kept until all audit tasks are completed and
resolved. These books, records, documents and other evidence shall be available, within
10 business days of written request. Further, the CONTRACTOR shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents
and other evidence pertaining to this agreement, and to allow the OWNER similar access
to those documents. All books and records will be made available within a 50 mile radius
of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit
reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the
CONTRACTOR which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this
contract and shall constitute, in the OWNER’S sole discretion, grounds for termination
thereof. Each of the terms "books", "records", "documents" and "other evidence", as used
above, shall be construed to include drafts and electronic files, even if such drafts or
electronic files are subsequently used to generate or prepare a final printed document.
C.Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the State
of Texas.
D.For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Brian Ellis, P.E. Senior Project Manager. However, nothing herein shall
limit CONSULTANT from using other qualified and competent members of its firm to
perform the services required herein.
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E.CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps
as are appropriate to ensure that the work involved is properly coordinated with related
work being carried on by the OWNER.
F.The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s disposal
all available information pertinent to the Project, including previous reports, any other data
relative to the Project, and arranging for the access thereto, and make all provisions for the
CONSULTANT to enter in or upon public and private property as required for the
CONSULTANT to perform services under this Agreement.
G.The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the _______ day of ________________,
20____.
CITY OF DENTON, TEXAS
HOWARD MARTIN, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
CONSULTANT
AUTHORIZED SIGNATURE, TITLE
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WITNESS:
TEXAS ETHICS COMMISSION
BY:
CERTIFICATE NUMBER
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CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed and
provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder shall
have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for clarification
of any insurance requirements at any time; however, Contractors are strongly advised to make
such requests prior to bid opening, since the insurance requirements may not be modified or
waived after bid opening unless a written exception has been submitted with the bid. Contractor
shall not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of A or better.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
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insurance applies separately to each insured against whom claim is made or suit
is brought. The inclusion of more than one insured shall not operate to increase
the insurer's limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this contract,
effective as of the lapse date. If insurance is not reinstated, City may, at its sole
option, terminate this agreement effective on the date of the lapse.
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SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
\[X \]A.General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
\[X\]Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily injury
and property damage liability arising out of the operation, maintenance and use of all
automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
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\[X\] Workers’ Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
\[ \] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an "occurrence" basis, and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least combined
bodily injury and property damage per occurrence with an aggregate.
\[X\] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 per claim with respect
to negligent acts, errors or omissions in connection with professional services is required
under this Agreement.
\[ \] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
\[ \] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
\[ \] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
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contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
\[X\]Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A.Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of any entity
which furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B.The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C.The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D.If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E.The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1)a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
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2)no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F.The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G.The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H.The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I.The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1)provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2)provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3)provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4)obtain from each other person with whom it contracts, and provide to the contractor:
a)certificate of coverage, prior to the other person beginning work on the
project; and
b)a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
5)retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
6)notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
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7)contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person
for whom they are providing services.
J.By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K.The contractor’s failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
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Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish an original notarized Certificate of Interest Parties
before the contract is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1.Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2.Register utilizing the tutorial provided by the State
3.Print a copy of the completed Form 1295
4.Enter the Certificate Number on signature page.
5.Sign and notarize the Form 1295
6.Email the notarized form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
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CONFLICT OF INTEREST QUESTIONNAIRE-FORMCIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., and RegularSession.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the
7th business day after the date the vendor becomes aware of facts that require the statement to be filed. SeeSection
176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense
under this section is a misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7business day after the
date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3Name of local government officer about whom the information in this section is being disclosed.
Name ofOfficer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B.Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D.Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
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Exhibit A
CITY OF DENTON SCOPE OF SERVICES
ELECTROMAGNETIC CONDITION ASSESSMENT
1.1 Scope This specification is for furnishing Electromagnetic (EM) Inspection Technology
and related services necessary to identify broken wires in PCCP pipelines, locate
distressed areas, and to provide a performance risk report based on likelihood of failure,
utilizing collected data to perform a subsequent structural analysis with a finite element
analysis model, and GIS database model as requested.
1.2 Description:
1.2.1EM inspection is applicable for evaluating the current conditions of PCCP, metallic
(steel and ductile iron) and Bar Wrapped pipes (BWP). Pipe Inspection and data
acquisition may be conducted using a manned cart, a robotic unit or free-
swimming PipeDiver® delivery platform. EM technology is utilized to identify
distressed pipe sections in pipelines. At the request and authorization of Denton
Water Utilities (DWU), visual inspection and sounding (if applicable) will be
performed in conjunction with a robotic and/or manned EM inspection.
1.2.2The robotic EM unit shall be equipped with a pan-tilt-zoom closed-circuit
television (CCTV) camera, and the unit shall be operative in submerged
conditions. The CCTV camera equipment shall be capable of providing views of
the pipe ahead of the equipment and of features to the side and rear of the
equipment through turning and rotation of the lens. The camera shall be capable
of tilting at right angles along the axis of the pipe while panning the camera lens
through a full circle about the circumference of the pipe. The lights on the camera
shall also be capable of panning 90-degrees to the axis of the pipe. The camera
unit shall have sufficient quantities of line and video cable to inspect as far as
5,000 feet from an access location. Actual inspection distance will be determined
based on pipe line configuration and field conditions.
1.2.3The CCTV equipment shall have a zoom feature and lighting capable of providing
general views of the pipeline looking along the pipe up to a distance of five pipe
diameters away, including close up views of features.
1.3 CONSULTANT Responsibilities:
1.3.1The CONSULTANT shall review all available documentation including as built
plans, profiles, intersections, make and lay drawings and grid maps of the pipeline.
The CONSULTANT shall perform a site reconnaissance and prepare a written
Project Planning Document. The Project Planning Document shall include an
aerial map showing the location of the pipeline and insertion points. The Project
Planning Document shall include a project specific safety and health plan,
personnel, equipment, appropriate Safety Data Sheets (SDS) formally MSDS,
equipment disinfection procedures for potable pipeline inspections, confined
space entry plan, scope of the project and
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schedule of work activities. The Project Planning Document shall be submitted to
DWU for review and approval prior to initiating work.
1.3.2In conjunction with a robotic or manned EMT inspection and as may be requested
and authorized by DWU, the CONSULTANT shall perform a visual and/or
sounding (sounding is only applicable in embedded PCCP) inspection to identify
pipe that may be in severe distress and nearing imminent failure. The
CONSULTANT shall visually inspect the pipe interior, and all joints,
documenting visual defects, damage, deterioration and other relevant
information. In addition, the CONSULTANT shall confirm each length of pipe
section and provide an lay schedule.
1.3.3The CONSULTANT shall furnish test equipment, labor and other related items
that are identified in the planning document. The CONSULTANT shall also
perform an evaluation of the PCCP using electromagnetic data collected during
the inspection.
1.3.4The CONSULTANT shall be responsible for confined space entry requirements,
including ventilation and top side support during pipeline inspection.
1.3.5The CONSULTANT may be requested to assist with dewatering the pipeline,
as needed.
1.3.6All personnel entering the pipeline(s) shall have received appropriate confined
space entry training, OSHA certifications and shall utilize air quality monitors at
all times.
1.3.7Visual and sounding findings shall be documented using photographs, if
applicable, of the distressed areas and shall be reviewed in conjunction with the
results. If areas of immediate concern are identified during the
inspection, the findings shall be communicated to the DWU project manager prior
to demobilization. Once all information is cross referenced, photography exhibits
will be added to the Project Completion Report.
1.3.8The CONSULTANT shall advise the DWU Project Manager prior to demobilization
in the event of discovering any significantly distressed pipe section(s), and shall
incorporate all findings and documentation in the Project Completion Report to
be submitted with the electromagnetic testing data and results.
1.4 Project Completion Deliverables:
1.4.1Upon completion of the inspection, the CONSULTANT shall submit an electronic
draft Project Completion Report for DWU review six (6) weeks after a PCCP
inspection and nine (9) weeks after a BWP inspection. DWU shall submit
comments within five (5) days of receiving the draft report. Two (2) weeks after
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receiving comments the CONSULTANT shall provide four (4) hard
bound copies and an electronic version of the final Project Completion Report.
1.4.2The report shall contain quantitative and/or qualitative results, as applicable, that
identify sections of pipe that are identified as having broken wires/bars, cylinder
anomalies or anomalous pipe. The report shall provide an estimated quantity of
broken wires or bars on each pipe section. The report can include as applicable,
the following:
1.4.2.1If CCTV was utilized the CONSULTANT shall provide one hard drive
containing CCTV Video in MPEG Format and still photos of defects
collected during the inspection in a JPEG format.
1.4.2.2GPS coordinates collected for insertion locations during the project shall
be in the draft report.
1.4.2.3An inspection pipe list that includes identified features, a reference to
available pipe drawings and the electromagnetic inspection results.
1.4.2.4Upon authorization from DWU, finite element modeling will be used to
develop engineering risk curves to evaluate distressed pipe.
1.4.2.5As may requested by DWU, CONSULTANT shall furnish a GIS database
and geospatial map modeled from inspection data integrated with
geographical information, identifying inspection results with respect to
the existing pipeline alignment. GPS points will be collected with Trimble
7 series GPS equipment and shall include the accuracy of each point.
1.5 DWU Responsibilities:
1.5.1Provide all as built plans, profiles, intersections, make and lay drawings, and grid
maps of each pipeline to be surveyed, via an email or FTP site.
1.5.2Accompany the CONSULTANT during site reconnaissance and provide access to
the entire pipeline easement and pipeline appurtenances.
1.5.3Provide access for ingress/egress for manned and or equipment deployment.
DWU will provide access to the transmission mains through one or more of the
existing man way points on the subject pipeline as needed. DWU will locate and
open access and ventilation points and provide a clear area to allow the
CONSULTANT to prepare equipment prior to inserting into the pipeline. All
personnel entering the pipeline(s) shall have received appropriate confined space
entry training and certification and shall utilize air quality monitors at all times.
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1.5.4DWU will lock-out and tag valves and dewater the selected pipelines to the
required level to provide a safe working environment during the Electromagnetic
Inspection. DWU will provide a dewatering and lock-out tag-out plan to the
CONSULTANT for review and approval.
1.5.5Excavate access holes, and provide shoring as necessary to facilitate the
inspection of the pipeline.
1.5.6Provide traffic control as required.
1.5.7Secure Right of Way Management Approval Network (ROWMAN) permits, as
needed.
1.5.8Provide and maintain safe and reasonable access to all insertion sites throughout
the inspection and obtain any required permits.
1.5.9Provide support personnel during the inspection to open manholes, and operate
valves.
1.5.10Implement the contingency plan identified in the planning document.
1.5.11Any additional requirements to complete the inspection that are identified in the
Project Planning document that are not included in the scope.
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Exhibit B
September 20, 2016
Mamun Yusaf, P.E.
City of Denton
901-A Texas Street
Denton, TX 76209
RE:
Dear Mamun:
Pure Technologies U.S. Inc. (Pure Technologies) is pleased to present the following scope of
work andfee scheduleto perform an electromagnetic inspection of the 30-inch bar wrapped pipe
(BWP) raw water transmission mainrunning from the City of Denton Pump Station on Lewisville
Reservoir to the City of Denton Water Treatment Plant.
Pure Technologies specializes in the condition assessment of critical pipeline infrastructure
supported by proprietary technologies developed for inspection of pressure pipelines, including
water mains and wastewater force mains. Since 1993, Pure Technologies has been a world
leader providing non-destructive testing and monitoring technologies to better understand the
condition of critical pipeline infrastructure. We have performed inspections on over 8,000 miles
of medium and large diameter water pipelines and more than 600 miles of wastewater force mains
for more than 120 utilities worldwide. Excavations of pipe sections identified as problematic
capabilities to assess pipeline infrastructure.
The 30-inch BWPwas manufactured by United Pipe Company and the water main constructed in
1974-75.The water main runs approximately 8 miles from the City of Denton Pump Station
located on Lewisville Reservoir north along the east side of the Denton County Transportation
to and east of Interstate Highway 35E. The 30-inch water
main deliversraw water to the City of Denton Water Treatment Plant located in southeast Denton.
An aerial photograph showing the approximate location of the 30-inch raw water main is
presented on the next page.
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Exhibit B
Aerial photograph showing approximate location of the 30-inch BWP rawwater main
E LECTROMAGNETIC I NSPECTION OF B AR W RAPPED P IPE (BWP)
Over the years, bar wrapped pipe has been called various names, including pre-tensioned
concrete cylinder pipe (P303), concrete cylinder pipe (CCP), rod wrapped pipe, and C303 pipe.
The proper name is Bar-Wrapped Pipe
(BWP). The minimum design and
manufacturing requirements are covered
by the AWWA C303 standard.
BWP is comprised of a welded steel
cylinder that serves as a watertight
membrane and works together with steel
reinforcing bars wrapped under tension
around the cylinder to provide strength.
An internal cement mortar lining and external cement mortar coating provide corrosion protection
(typically 32 feet).
BWP is essentially designed as a steel pipe with mild steel used to manufacture the steel cylinder
andsteel reinforcing bars. BWP utilizes a cement mortar coating placed over the steel cylinder
and bars to protect both the steel reinforcing bars and the steel cylinder. The coating places the
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Exhibit b
steel in an alkaline environment that prohibits corrosion. If the coating deteriorates or is damaged
due to improper handling, operations, aggressive environments, etc., the alkaline environment
will be compromised which may lead to corrosion of the steel cylinder and bars. As these elements
corrode, the steel cylinderand bars will pit, thereby reducing the effective area of steel. If corrosion
continues to progress, the pipe will likely develop a small, non-visible leak, which will grow with
time. Eventually a large visible leak or a pipe failure will occur.
Examples of BWP deterioration: crack, extensive corrosion, delamination and leakage
There are two important aspects to note regarding the deterioration of BWP:
1.Broken bars: there may or may not be broken bars, as corrosion and deterioration can
begin on the bars or on the cylinder.
2.Ductile failure: since the structural elements of BWP consist of mild steel, a brittle
(sudden) failure is highly improbable. Rupture can occur, however it usually takes place
after an extended period of deterioration, usually preceded by leakage. This has been
anecdotally contradicted in field observations, where reported sudden failures have
occurred; however,in these cases, it is likely that the pipe was previously leaking for an
extended period of time, but the leak was unnoticed.
Evaluating the condition of BWP often involvea combination of technologies and techniques to
identify the various signs of deterioration. Signs of deterioration can include degradation of the
bars and steel cylinder, leakage, concrete cracking, spalling and deflection. There are various
technologiesand techniques that are applicable to BWP, each detecting one or more of these
signs of deterioration, but none capable of detecting all the signs.
Although the City of Denton has conducted leak inspection on the 30-inch BWP water main in the
past, the City is seeking to obtain a better understanding as to the structural integrity of each pipe
(EM) inspectiontechnology
offers the ability to detect and quantifybroken reinforcing bars, whilealso evaluating wall loss on
the steel cylinder due to corrosion.
EM inspection can be performed via a manned cart, a long range multi-sensorrobotic unit or a
free-swimming PipeDiver® unit.
A standard EM setup utilizes a power source, as well as an electromagnetic exciter (transmitter)
and a detector (receiver). Signals created by the electromagnetic field, as well as interruptions or
disturbances in the signal caused by broken reinforcing bars and/or significant areas of corrosion,
are recorded and post-analyzed by Puredata analysts.
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Exhibit B
The ability to detect cylinder damage is highest when the damage is closest to adetector or
exciter. For example, calibration testing on a 36-inch BWP pipe with a 10-gaugecylinder found
that a five-inchsquare hole in the cylinder was clearly visible when the detector or exciter was
directly underneath it. However, if the cylinder damage is large enough, it should be detectable
even if it is far away from detector and exciter. For example, an outlet, which is a large cylinder
hole, is detectable using the standard EM setup.
Based on discussions to date with the City of Denton, it is our understanding that the City prefers
to inspect the 30-is
equipped with a 24-detector array.
The long range robotic unit is equipped with
a9,000-footcable; however, the actual
distance that the robotic unit can traverse
will vary basedon the pipeline configuration
(bends, slopes, etc.) and interior pipeline
condition (bio film, debris, etc.). The robotic
unit is also equipped with a high definition
pan-tilt-zoom camera that allows for visual
inspectionof the pipe interior. The quality of
the video will depend on the clarity of water
that may remain in the pipeline during the
inspection. The robotic unit can be deployed
in fully submersible conditions; however, the
pipeline must be taken out of service and
Long Range Robotic EM Inspection Unit
de-pressurized for the duration of the EM
inspection.
S TRUCTURAL M ODELING &E VALUATION /P IPE P ERFORMANCE R ISK C URVE(S)
While the EMinspection technology described herein will provide
data on barbreaks and potential areas of wall loss on the steel
cylinder, the challenge associated with assessing and managing
distressed pipe is determining what level of distress creates an
unacceptable level of risk, thereby requiring repair and/or
replacement actions.
Pure Technologies utilizes 3D finite element structural models along
with hydraulic evaluation data todeliver a decision making tool
-for the management of a pressure main.
Based on the Pipe Performance Risk Curve results, distress in a pipe may be present, but this
may not require the immediate rehabilitation or replacement of the pipe section allowing for
management and/or monitoring of the deterioration; focusing critical resources on higher risk
areas of the infrastructure.
Pure Technologies can develop a Pipe Performance Risk Curve for each pipe design of potential
concern, depending on the findings of the EM inspection.
CONTRACT 6281 PURE TECHNOLOGIES30
DocuSign Envelope ID: 5CEA3990-5C6D-4F06-9293-3314B0D0C6E1
Exhibit B
F INAL R EPORT AND W ORKSHOP
Pure Technologies will submit a written report summarizing all inspection results, and providing a
risk ranking based on likelihoodof failure. The report will incorporateall supporting inspection
data and documentation, including photographsand video recordings asapplicable.Once the
City of Dentonhas reviewed and commented on the report, Pure Technologies will finalize the
report and present all findings to the City of Dentonvia a Workshop.
Pure Technologies is able to present all inspection findings in a pipe-by-pipe GIS compilation;
whereby thedata is delivered in a common spatial data format, such as an ESRIGeodatabase
or shapefile.
GISC OMPILATION
GIS data compilation refers to the process of taking multiple sources of input data to create one
seamless GIS data set. In the case of PureTechnologies, this usually includes lay sheets, field-
collected GPS data, client GIS, inspection/condition assessment data, plan and profile drawings,
etc. The goal of data compilation is to take all of the various data sources available to produce
the most accurate pipe-by-piperepresentationpossible.
Pure Technologies
that begins with digitizing the pipeline with no input GIS features, aside
from GPS point locations. Using information found in client lay sheets
f the pipeline
is digitized. If existingGIS data is available, this information will be
used if it is deemed to be as accurate as the plan and profile drawings.
GPS data is then used to improve the accuracy of the pipeline. Using
bearings, distances, slopes, etc. this baseline is meticulously digitized
according to the pipeline specifications.
Once completed, the pipe list is then used to correct the accuracy of
the alignment by building a new alignment pipe-by-pipe. The results
are compared to known feature locations, with particular attention paid
to horizontal bends. Using our advanced techniques, the pipeline is then adjusted and modified
until a best match is found between all of the various sources of data. The result is a pipeline
representation that is highly accurate in most cases.
CONTRACT 6281 PURE TECHNOLOGIES31
DocuSign Envelope ID: 5CEA3990-5C6D-4F06-9293-3314B0D0C6E1
Exhibit B
It is our understanding thatall air release valve (ARV) appurtenancesinclude an 18-inch flange
stations for ARV locations at which Pure Technologies is proposing to access for deployment of
the robotic EM unit.
Station13+10
Station 21+50
Station 89+50
Station129+50
Station170+75
Station210+50
Station247+50
Station268+25
Station305+50
Station 329+00
Station 383+25
Station 409+00
Station 429+50
The deployment locations will be evaluated and finalized as part of thesite reconnaissanceand
in coordination with the City of Denton, and will be included in the project planning document. The
City of Denton will be responsible for providing access to the 18-inch outlet for deployment of the
robotic unit. This will include de-pressurizing of the pipeline, removal of the vault lids, and removal
-inch blind flange.
When assessing bar wrapped pipelines, Pure Technologies prefers to conduct two (2) inspection
runs. This provides corroborating data by whichwe can identify any potential false readings.
Based on the requirement to conduct duplicative inspection runs, we estimate that the total time
required to complete the robotic inspections will be 10 to 15 days.
F EE S CHEDULE
Site Reconnaissance/Planning Document/Mobilization$40,000
Enhanced EM Inspection using Long Range Robotic Unit and $471,240
Final Report/Workshop
$511,240
TOTAL
Pipe Performance Risk Curve(if requested)
$5,400 each
Pipe-by-Pipe GIS Compilation and Deliverable(if requested)
$1.25per foot
Pipe Verification Services (if requested)
$5,000 per day
See page 8 for grand total
CONTRACT 6281 PURE TECHNOLOGIES32
DocuSign Envelope ID: 5CEA3990-5C6D-4F06-9293-3314B0D0C6E1
Exhibit B
1.City of Dentonto provide access to pipeline right-of-
Blow-offs, In-Line Valves, etc.).
2.City of Denton
3.City of Dentonto provide scaffold platform at access locations if deemed necessary to support safe
access.
4.City of Dentonto de-pressurizethe pipeline to accommodate deployment of the roboticEM
inspection unit.
5.Local, State or Federal taxes are not included in the proposed fee.
6.The proposed fees are based on performing all work under a single mobilization and complete the
work in a contiguous manner without delay. Delays includeinstanceswherethe City of Denton
purposely requests thatPure Technologies stand down. Such instances may occur if the City does
not have the access manholes open and available for deployment of the robotic inspection unit, or
if the City needs to put the pipeline back into services before the inspection has been completed.
In such instances, the City will have the option to request that Pure Technologies go on standby
or, if a longer downtime isanticipated, the City can request a remobilization at a later date to be
mutually agreed upon by both parties. Standby rate for delays shall be billed at $7,500 per day. If
applicable, a re-mobilization fee of $35,000 shall apply for the roboticEM inspection.
7.The City of Denton shall be responsible for any permits and associated fees required by the Denton
County Transportation Authority or other government agencies. Costs will only include the fees for
permits and any additional safety training required by the Transportation Authority or other
government agency.The City of Denton will not be responsible for reimbursing wages for Pure
8.City of Denton
pipe design, specifications, and mapping for the pipeline.
9.City of Dentonto notify landowners as may be required.
10.City of Dentonto provide traffic control as may be required
11.City of Dentonto de-water access vaults as may be required.
12.Pure Technologies to invoice at Site Reconnaissance,PlanningDocument, Mobilization,
Equipment Fee, and EnhancedEM Inspection 80% upon completion of field work. The remaining
balance (20%) will be invoiced after completion of the final Workshop.
13.Fees do not include any consideration for permits or specialworking arrangements and associated
costs that may be required by theDenton County Transportation Authority.
Standard turn around on submitting a preliminary report is 10to 12weeks following completion
of field work. Data analysis can be expedited foran additional fee. A final report and Workshop
with the City of Dentonwill be scheduledfollowing receipt of comments and edits from the City of
Denton.
Pure Technologies is committed to providing the City of Dentonwith the highest quality
electromagnetic inspection in an efficient and cost effective manner. If you have any questions,
please contact me at (214) 377-5303(office) or (214) 236-5728(cell).
Respectfully,
PURE TECHNOLOGIES U.S. INC.
David W. Kurtz, P.E.
CONTRACT 6281 PURE TECHNOLOGIES33
DocuSign Envelope ID: 5CEA3990-5C6D-4F06-9293-3314B0D0C6E1
Exhibit B
a
Description Value Promised Delivery Date
TASK
$ 40,000 March 23, 2017
1
Site Reconnaissance/Planning Document/Mobilization
$ 451,240 April 14, 2017
2
Electromagnetic Inspection of Bar Wrapped Pipe
$ 5,400 July 7, 2017
3
Structural Modeling and Evaluation/Pipe Performance Curve
b
$ 20,000 August 25, 2017
4
Pipe Verification Services
$ 56,100 July 7, 2017
5
GIS Compilation
July 7, 2017
$ 20,000
6
Final Report of Pipe Condition Assessment and Workshop
$ 592,740
GRAND TOTAL
a
Assumes receipt of contract and notice-to-proceed on or before February 13, 2017
b
Assumes City of Denton will provide excavations in advance of visual and external EM verification
Dave Kurtz, P.E.
Dave.Kurtz@puretechltd.com
O: (214) 377-5301
M: (214) 558-9902
4505 Excel Parkway, Suite 600
Addison, TX, 75001
www.puretechltd.com
CONTRACT 6281 PURE TECHNOLOGIES34
Certificate Of Completion
Envelope Id: 5CEA39905C6D4F0692933314B0D0C6E1Status: Completed
Subject: City Council Contract 6281 Pure Technologies
Source Envelope:
Document Pages: 35Signatures: 4Envelope Originator:
Certificate Pages: 6Initials: 0Robyn Forsyth
AutoNav: Enabledrobyn.forsyth@cityofdenton.com
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
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