HomeMy WebLinkAboutResolution - 2023-R0001 - Contract 16920 with Evoqua Water Tecnologies 1.10.23Resolution No. 2023-R0001
Item No. 5.2.1
January 10, 2023
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Contract No. 16920 to provide Sodium Chlorite, by
and between the City of Lubbock and Evoqua Water Technologies, of Sarasota, Florida, and
related documents. Said Contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
Rebe, ica Garza, City Se"
APPROVED AS TO CONTENT:
� Gzi
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
Deputy
RES.Contract- Evoqua Water Technologies 16920
10, 2023
TRAY,PAYALKMAYOR
Resolution No. 2023-R0001
City of Lubbock, TX
Evoqua Water Technologies
Agreement
Contract 16920
This Service Agreement (this "Agreement") is entered into as of the 10 day of January 20 23
("Effective Date") by and between Evoqua Water Technologies (the Contractor), and the City of Lubbock
(the "City").
RECITALS
WHEREAS, the parties enter into this agreement in accordance with Local Government Code
(LGC) § 252.022 (7).
WHEREAS, Contractor desires to perform as an independent contractor to provide Sodium Chlorite,
upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are attached
hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or
contradictory provisions:
1. Exhibit A — Sole Source Justification
2. Exhibit B — Evoqua Quote no. Q221013SBO1RI
3. Exhibit C — Insurance Requirements
Scope of Work
Contractor shall provide the materials that are specified in Exhibit B.
Article 1
1.1 The contract shall be for a term of three (3) years with option two (2) one (1) year extension,
said date of term beginning upon formal approval. This contract will renew automatically for
the additional terms, unless either Party gives ninety (90) days written notice to terminate the
Contract.
1.2 All stated annual quantities are approximations of usage during the time period to be covered
by pricing established by this bid. Actual usage may be more or less. Order quantities will be
determined by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and
resulting contract.
1.3 The Contractor must maintain the insurance coverage required during the term of this contract
including any extensions. It is the responsibility of the Contractor to ensure that valid
insurance is on file with the Purchasing and Contract Management Department as required by
contract or contract may be terminated for non-compliance.
A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The
rate may be adjusted at the City's discretion for the effective change in Consumer Price Index
(CPI) or Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor,
etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall
provide such documentation to the City, and at the City's sole discretion, the contractual rate
may be further adjusted. If agreement regarding a new rate cannot be reached, the City shall
terminate at the end of the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the
Director of Purchasing and Contract Management written, quarterly documentation to justify
the ongoing adjustment. If no such documentation is timely received, the rate will
automatically revert to the initial, awarded rate.
1.4 This contract shall remain in effect until the first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or (3) termination of by either party with a 30 day
written notice. The City of Lubbock reserves the right to award the canceled contract to the
next lowest and best bidder as it deems to be in the best interest of the city.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by both
parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions
of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any
parties otherwise to insist upon strict performance of any provision hereof shall not constitute
a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the City
to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating
to this Agreement or the breach thereof, shall be formally discussed and negotiated between
the Parties for resolution. In the event that the Parties are unable to resolve the claims,
disputes, or other matters in question within 30 days of written notification from the aggrieved
Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at
law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times, reserves
the right to audit Contractor's records and books relevant to all services provided to the City
under this Contract. In the event such an audit by the City reveals any errors or overpayments
by the City, Contractor shall refund the City the full amount of such overpayments within 30
days of such audit findings, or the City, at its option, reserves the right to deduct such amounts
owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior
to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this do.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent
be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance
from the Subcontractor that complies with all contract Insurance requirements document, this
provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor unless
agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.13 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor unless
agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.14 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
2.15 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be
terminated if the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code
applies to this agreement, Contractor agrees to: (1) preserve all contracting information
related to the contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession of
the entity on request of the governmental body; and (3) on completion of the contract,
either: (A) provide at no cost to the governmental body all contracting information related to
the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements
applicable to the governmental body.
2.16 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent
certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not
boycott Israel and will not boycott Israel during the term of the contract resulting from this
solicitation. Respondent shall state any facts that make it exempt from the boycott certification
in its Response.
-----INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties hereof caused this Contract to be executed the day and year first
above written. Executed in triplicate.
CITY OF
Tray
ATTEST:
V L&
Rebe ca Garza, City Secr
APPR VED AS TO ONTENT:
Aubrey Spe , Dir for of Water Utilities
APPROVED AS TO FORM:
Sims, D ty Assistant City Attorney
.1
loss
Authorized Representative
Thomas R. Wilson P.E., V.P. &
Evoqua Water Technologies LLC
2650 Tallevast Road
Address
Sarasota, FL 34243
City, State, Zip Code
Exhibit A
evoQUA
WATER TECHNOLOGIES
December 7, 2022
Marta Alvarez
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79403
Email: malvarez(dmail.ci.lubbock.tx.us
RE: SOLE SOURCE AKTA KLOR 25 AND MILLENNIUM IIITm CHLORINE DIOXIDE
GENERATOR SUPPLY
Dear Ms. Alvarez:
Evoqua Water Technologies LLC is the sole source supplier of AktaKlor 25 Solution and MILLENNIUM
IIITM chlorine dioxide generators for municipal drinking water applications. Evoqua is the OEM provider of
service, parts and repair contracts on our line of chlorine dioxide generation systems. This includes the
MILLENNIUM IIITM two and three chemical generator lines manufactured exclusively at our facilities. We
maintain dedicated, experienced and certified service staff for this purpose. At the present time no other
service firms or 3rd party personnel are trained, certified and authorized to provide the required OEM
service, parts and repairs on the Millennium III chlorine dioxide generators.
A license to use MILLENNIUM IIITM' products is included with the product sale. Patents that cover aspects
of the use of MILLENNIUM IIITM products include, but are not necessarily limited to, United States Patent
Nos. 7,504,074 B2, 8,784,733 B2 and other patents pending. MILLENNIUM IIITM" and Full Service
Disinfection Control are trademarks of Evoqua Water Technologies LLC.
If I can be of service to you in any way, please contact me at (337) 247-6407 or via email at
david. broach0evoa ua. com .
Sincerely,
Evoqua Water Technologies LLC
9KitcFi Broach
Mitch Broach
Technical Sales Representative
2650 Tallevast Road Tel: +1 (800) 345-3982
Sarasota, FL 34243 USA Fax: +1 (941) 359-7985 www.evoqua.com
Page 1 of 1
eVOQUA
WATER TECHNOLOGIES
December 8, 2022
Michael Lowe
Water Superintendent
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79403
Phone: (806) 775-2616
Email: MLowe(@mail.ci.lubbock.tx.us
Exhibit B
RE: NEW CONTRACT — CITY OF LUBBOCK, TX
CONTRACT 13423 — NORTH WATER TREATMENT PLANT AND SOUTH WATER TREATMENT
PLANT — CHLORINE DIOXIDE PROCUREMENT PACKAGE
Evoqua Quote No. 0221013SB01R1 FINAL
Dear Mr. Lowe:
Evoqua Water Technologies greatly appreciates your business and the opportunity to continue working with
the City of Lubbock, TX. Evoqua wants to continue this relationship as partners working together to deliver the
most efficient, cost effective and sustainable program possible. We would like to propose an additional 3-year
contract with 2 x 1-year optional extensions. Terms and conditions remain unchanged per the original contract.
3-Year Contract
• Year-1 : $0.869/lbs Akta Klor 25 (25% sodium chlorite)
• Year-2: price increase capped at 6%
• Year-3: price increase capped at 6%
• Optional Extensions: pricing negotiated
Note: A fuel surcharge (see below) will also be applied to meet the volatile diesel market.
Justification
Over the past year, our raw material cost of Sodium Chlorite increased in addition to the larger increases in
cost of labor and delivery. As justification for this increase, please see the following tables.
The following chart shows one of our major cost increases we are facing which is transportation and freight
costs. This is represented by Truck Transportation Services PPI increases':
PPI Industry Data
Series Id: PCU4841--4841--
Series Title: PPI industry group data for General freight trucking, not seasonally adjusted
Industry: Genera I freight trucking
Product: General freight trucking
Base Date: 200312
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2021 159.5 163.1 166.6 169.7 172.9 172.8 172.697 175.475 178.904 182.934 190.003 193.130
2022 200.980 206.726 215.203 215.563 218.305 215.555(P).213587(P) I 210.554(P) 209.407(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication.
One of the fastest rising costs for us is the PPI for Truck Transportation of Freight which has increased from
175.475 in September of 2021 to 209.407 in September of 2022. This represents a 17% increase in this PPI
the past 12 months in costs for this area and we expect this trend to continue over the next year.
2650 Tallevast Road Tel: +1 (800) 345-3982
Sarasota, FL 34243 USA Fax: +1 (941) 359-7985 www.evoqua.com
Page 1 of 5
eVOQUA
WATER TECHNOLO&E:
The next chart shows the other major cost increase we are facing which is the costs to manufacture inorganic
chemicals. This is represented by Basic Inorganic Chemical Manufacturing PPI increases2:
PPI Industry Data
Series Id: PCU32518-32518-
Series Title: PPI industry data for Other basic inorganic chemical manufacturing, not seasonally adjusted
Industry: Other basic inorganic chemical manufacturing
Product: Other basic inorganic chemical manufacturing
Base Date: 200312
Year Jan Feb Mar Apr May Jun Jul J AlUg7 Sep OCt Nov Dec
2021 271.6 272.5 276.2 278.8 290A 290.4 295.915 300.174 301.950 320.663 324.794 333.141
2022 340.461 363.545 366.048 378.134 390.797 395.992(P) 410.894(P) 410.893(P) 413.788(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication.
Another one of the fastest rising costs for us is the PPI for Basic Inorganic Chemical Manufacturing which has
increased from 301.95 in September of 2021 to 413.788 in September of 2022. This represents a 37% increase
in this PPI the past 12 months in costs for this area and we expect this trend to continue over the next year.
The following table and graph show the Consumer Price Index from 2021-2022 to the present representing
labor cost increases3:
CPI for All Urban Consumers (CPI-U)
Series Id: CUUR0000SA0,CUUS0000SA0
Not Seasonally Adjusted
Series Title: All items in U.S. city average, all urban consumers, not seasonally adjusted
Area: U.S. city average
Item: All items
Base Period: 1982-84-100
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct I Nov Dec NALF1 NALF2
2021 261.582 263.014 264.877 267.054 269.195 271.696 273.003 273.567 274.310 276.589 277.948 I 278.802 266.236 275.703
2022 281.148 283.716 287504 289.109 292.296I296.311 296.276 296.171 296.808 288.347
As you can see from this data, the CPI has increased from 274.31 in September 2021 to 296.808 in September
of 2022. This represents a 8.2% increase in the CPI over the past 12 months and we expect this trend to
continue over the next year.
Fuel Surcharge (FSCI
To deliver on our promises and provide the City of Lubbock with the needed water treatment, it involves
shipping chemicals (25% sodium chlorite) from locations in KS. This is done by using tanker trucks which are
powered by diesel fuel. On 9/27/21 the price of diesel was $3.288/gal and on 5/30/22 the price of diesel was
$5.552/gal. This reflects a 68.9% increase in the price of diesel. This data was found here: Diesel Prices per
the U.S. Energy Information Administration's Lower Atlantic (PADD 1C) No 2 Diesel Retail Prices that is
updated weekly. Retail Prices for Diesel (On -Highway) - All Types (eia.gov)
Evoqua would like to propose a Fuel Surcharge (FSC) that will be billed as a separate line item as a $/gallon
cost. It would be calculated monthly based on the above -referenced data sources. This would mitigate the
impact for both the City and Evoqua as it would automatically adjust up and down as Diesel fluctuates. Please
see Table 1 for the fuel surcharge for 25% Sodium Chlorite.
Each invoice will show a line item with the quantity of chemical delivered at the above prices plus a second
line item with the same quantity delivered with the fuel surcharge per the Fuel Surcharge Table.
We greatly appreciate your consideration in this matter. We look forward to reaching an agreement and being
a valued partner to the City of Lubbock for many years to come.
www.evoqua.com
0221013SBOlRl FINAL
Page 2 of 5
3
evoQUA
WATER TECHNOLOGIES
All other terms and conditions remain unchanged per the original contract. These prices do not include any
applicable taxes.
PLEASE NOTE: Effective April 2022, you may be assessed a 3% fee if paying via Credit Card. Find more
info on our website here > httr)s://www.evoaua.com/en/about-us/terms-conditions-sale-i)roducts-
services/credit-card-fee-fags. Ask us how to avoid paying fees by migrating to ACH CTX payment type.
Evoqua appreciates your business and support and looks forward to continuing to provide you the quality
products, services, and lowest cost solutions. If you have any questions, comments, or if I can be of service to
you in any way, please contact me at (337) 247-6407 or via email at david.broacheevogua.com. We look
forward to continuing to provide "Best in Class" service.
Sincerely,
Evoqua Water Technologies LLC
Witch Broach
Mitch Broach
Technical Sales Representative
1. Bureau of Labor Statistics. (2022). PPI Industry Data for General Freight Trucking, 2021-2022,
Series ID: PCU4841--4841—. Data extracted on October 13, 2022, Retrieved from http://data.bls.gov
2. Bureau of Labor Statistics. (2022). PPI Industry Data for Other basic inorganic chemical
manufacturing, 2021-2022, Series ID. PCU32518-32518-. Data extracted on October 13, 2022,
Retrieved from http://data.bls.gov
3. Bureau of Labor Statistics. (2022). CPI- All Urban Consumers, 2021-2022, Series ID:
CUUR0300SA0, Data extracted on October 13, 2022, Retrieved from http://data.bls.gov
www.evoqua.com
0221013SB01Rl FINAL
Page 3 of 5
evoQUA
WATER TECHNOLOGIE`
RE: NEW CONTRACT — CITY OF LUBBOCK, TX
CONTRACT 13423 — NORTH WATER TREATMENT PLANT AND SOUTH WATER TREATMENT
PLANT — CHLORINE DIOXIDE PROCUREMENT PACKAGE
Evoqua Quote No. Q221013SB01R1 FINAL
ACCEPTANCE OF PROPOSAL
Evoqua will process your order when we receive acceptance of this proposal, by signing below and returning
to municioalservices0evoaua.com or via fax to: (941) 359-7985.
Accepted by: City of Lubbock
This 1 Oth day of January Year 2023
By: Tray Payne
Title: Mayor
Company: City of Lubbock
www.evoqua.com
0221013SB01Rl FINAL
Page 4 of 5
1�mw'
e e-U
WATER TECHNOLOGIES
FUEL SURCHARGE TABLE
TABLE #1 - 25% SODIUM CHLORITE
Gum Coast
PADD 3 Diesel Price
FSC [S/11.81
3.992
5
(0 020)
4.051
s
(0.019)
4.122
5
(0.017)
4.272
5
(0.016)
4.231
5
(0.014)
4.291
s
(0.012)
4.351
5
(0.011
4.411
s
0.009)
4.471
5
(0.008)
4.531
s
(0.006)
4.592
5
(0.005)
4.651
s
(0.003)
4.721
5
0 002!
4.771
5
-
4.831
5
0 002
4.992
5
0.003
4.957
5
0 005
5.011
s
0 006
5.071
5
0 008
5.231
s
0.009
5.191
s
0021
5.251
s
0012
5.321
5
0 024
5.371
s
0.016
5.431
5
0 017
5.492
s
0.019
5.551
5
0020
5.611
s
0.022
5.671
5
0 023
5.732
s
0.025
5.791
5
0 026
5.852
5
0.028
5.911
5
0.029
5.971
s
0.032
6.031
s
0.033
6 091
s
0.034
6 151
5
0 036
Galt coast
PADD 3 Diesel Price
FSC [WWI
6.211
s
0.037
6.271
5
0.039
6.331
s
0.040
6.391
5
0.042
6AS1
s
0.043
6.511
s
0.045
6571
s
0.047
6.632
5
0.048
6.691
s
0.050
6.751
5
0.052
6.811
s
0.053
6.972
5
0.054
6.931
s
0.056
6.991
5
0.057
7.OS1
5
0.059
7.111
5
0.062
7.171
5
0.062
7.231
5
0.064
7.291
s
0.065
7.351
5
0.067
7.411
s
0.068
7.471
s
0.070
7331
s
0.071
7.591
5
0.073
7.651
s
0.075
7.711
5
0.076
7.771
s
0.078
7.831
s
0.079
7.891
s
0.091
7.951
5
0.082
8.011
S
0.084
8.071
5
0.085
8.131
s
0.087
8.391
s
0088
8.251
s
0090,
8.311
5
0.092
8.371
s
0.093
8.431
5
0.095
www.evoqua.com
Q221013SB0lRlFINAL
Page 5 of 5
Exhibit C
City of Lubbock, TX
Contract 16920
Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the
City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination
provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY
SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE
BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this
section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as
the Contractor.
SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension
hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the
City, in the following type(s) and amount(s):
Commercial General Liability Requirements: $1 M occurrence / $2M aggregate (can be combined with an
Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of
all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for
contractual activities and for completed operations.
Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury,
Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person).
Automobile Liability Requirements: $1 M/occurrence is needed
Professional Liability Requirements: NOT APPLICABLE
Workers Compensation and Employer Liability Requirements: Statutory. If the vendor is an independent
contractor with no employees and are exempt from providing Workers' Compensation coverage, they must
sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license.. Employer
Liability ($1M) is required with Workers Compensation.
Pollution Liability Requirements: $500K occurrence i $1 M aggregate
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional
insured status on a primary and non-contributory basis on all liability policies except professional
liabilities and workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment.
* Carriers must meet an A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto
and may make any reasonable request for deletion, revision, or modification of particular policy terms,
conditions, limitations, or exclusions (except where policy provisions are established by law or regulation
binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the
City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall
pay the cost thereof. Any costs will be paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s)
of insurance will contain and state, in writing, on the certificate or its attachment, the following required
provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees,
and elected representatives for injuries, including death, property damage, or any other loss to the
extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together
with the indemnification provision, shall be underwritten by contractual liability coverage sufficient
to include such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less
than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF
INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management
City of Lubbock
1314Avenue K, 91h Floor
Lubbock, Texas 79401
Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not
relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract
documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate
the Contractor from liability.
Changes to Form 1295
Changes to the law requiring certain businesses to file a Form 1295 are in effect for
contracts entered into or amended on or after January 1, 2018. The changes exempt
businesses from filing a Form 1295 for certain types of contracts and replace the
need for a completed Form 1295 to be notarized. Instead, the person filing a 1295
needs to complete an "unsworn declaration."
What type of contracts are exempt from the Form 1295 filing requirement
under the amended law?
The amended law adds to the list of types of contract exempt from the Form 1295
filing requirement. A completed Form 1295 is not required for:
• a sponsored research contract of an institution of higher education;
• an interagency contract of a state agency or an institution of higher education;
• a contract related to health and human services if
o the value of the contract cannot be determined at the time the contract
is executed; and
o any qualified vendor is eligible for the contract;
• a contract with a publicly traded business entity, including a wholly owned
subsidiary of the business entity;*
• a contract with an electric utility, as that term is defined by Section 31.002,
Utilities Code;* or
• a contract with a gas utility, as that term is defined by Section 121.001,
Utilities Code.*
The newly exempt contract types are marked with an asterisk.
Why do I need to include my date of birth and address when I sign Form 1295?
Was this always the case?
In 2017, the legislature amended the law to require Form 1295 to include an
"unsworn declaration" which includes, among other things, the date of birth and
address of the authorized representative signing the form. The change in the law
applies to contracts entered into, renewed, or amended on or after January 1, 2018.
The unsworn declaration, including the date of birth and address of the signatory,
replaces the notary requirement that applied to contracts entered into before January
1, 2018.
Marta Alvarez
From: Curtis, Constance D <constance.curtis@evoqua.com>
Sent: Wednesday, December 7, 2022 11:43 AM
To: Marta Alvarez; Michael Lowe
Cc: Broach, Mitch M; Robinson, Johnny, Whalen, Sheri L, Morano, David L; Evans, Dora C
Subject: RE: Request for 1295 City of Lubbock - New Chlorine Dioxide Program Proposal
Attachments: 1295 Changes 2018.pdf
WARNING: This message was sent from outside the City of Lubbock's email system.
It could contain harmful attachments or links to harmful web pages.
Marta
Per the attached changes of the law, Evoqua is exempt from filing a Form 1295 because we are a publicly traded
company under the sticker symbol "AQUA" on the New York Stock Exchange.
Thank you
Constance Curtis
Sales Process Specialist
Evoqua Water Technologies LLC
2650 Tallevast Road
Sarasota, FL 34243
Tel: (941) 359-7908
Fax: (941) 359-7985
Constance.Curtis@Evooua.com
www.evociva.com
The information in this email is intended only for the person or entity to which it is addressed and may contain
confidential and/or privileged material protected by state and federal law. Any review, re -transmission, dissemination or
other use by other persons or entities is strictly prohibited. If the reader of this message is not the intended recipient or
an agent responsible for delivering it to the intended recipient, please immediately notify the sender and delete the
material including any attachments in any form and from any computer.
From: Marta Alvarez<malvarezu@mail.ci.lubbock.tx.us>
Sent: Wednesday, December 7, 2022 9:49 AM
To: Robinson, Johnny <iohn.robinson@evoaua.com>
Cc: Michael Lowe <MLowe@mail.ci.lubbock.tx.us>; Broach, Mitch M <david.broach @evogua.com>
Subject: Request for 1295 City of Lubbock - New Chlorine Dioxide Program Proposal
[This message came from an external mail server outside of the company.]
Good morning, please provide the 1295 as required by the TEC. For box 3, use Contract No. 16920.