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HomeMy WebLinkAboutResolution - 2023-R0065 - PO 22105280 with Du Pont FilmTec Corporation 2.14.23Resolution No. 2023-R0065 Item No. 5.18 February 14, 2023 RESOLUTION WHEREAS, Chapter 252 of the Texas Local Government Code (the "Code") establishes regulations for the municipal competitive procurement process; and WHEREAS, Section 252.022 of the Code enumerates certain exemptions when a municipality may forgo the competitive process, including when there is: 1. A procurement necessary to preserve or protect the public health or safety of the municipality's residents; or 2. A procurement necessary because of unforeseen damage to public machinery,. equipment, or other property; and WHEREAS, in January of this year, the City of Lubbock Water Utilities Department (the "Utility") experienced failing membrane modules at the City of Lubbock South Water Treatment Plant; and WHEREAS, it was necessary to order the modules immediately from the sole source manufacturer, Filmtech Corporation, in order that the Utility and the water source provided by the Utility would not be impacted during peak water demand in the summer of 2023. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock finds that the purchase of membrane modules from Filmtech Corporation is: 1. Necessary to preserve or protect the public health or safety of the municipality's residents; and 2. Necessary because of unforeseen damage to public machinery, equipment, or other property; and THAT the act of the City Manager in executing, on behalf of the City of Lubbock, Purchase Order No. 22105280 for the purchase of replacement membrane modules, by and between the City of Lubbock and Filmtech Corporation of Chicago, IL, and all related documents is hereby ratified in full. 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 February 14, 2023 TkkI r E, MAYOR ATTEST: Jc Rebec4 Garza, City Secretakj APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: M;hj,e� elli Leisure, Assistant City Attorney ccdocs/RES.PurchaseOrd 22105280 emergency water order 1.12.23 a� LubbCityoc of Tr TEXAS PURCHASE ORDER TO: FILMTEC CORPORATION 4118 COLLECTION CENTER DRIVE CHICAGO IL 60693-0077 Page - Date - 1 of 2 2/3/2023 Order Number 22105280 000 OP Branch/Plant SHIP TO: CITY OF LUBBOCK SOUTH TREATMENT PLANT 5114 EAST FM 1585 LUBBOCK TX 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: 4f Marta Alvarez, vector of Purchasing & Contract Management Ordered 2/3/2023 Freight Requested 2/17/2023 Taken By Delivery PER R MARTINEZ REQ 59844 INSURANCE REQUIRED: EMERGENCY PURCHASE Commercial General Liability: $1,000,000 occurrence / $2,000,000 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. D HEATH Workers Comaensation and Emulover Liabilitv: 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 ($1,000,000) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: N/A Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automotive Liability: Combined Single limit for Any Auto - $1,000,000/ occurrence as needed. *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. This purchase order encumbers funds in the amount of $862,803.00 awarded to Filmtech Corporation of Chicago, IL, on February 14 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated February 02, 2023, from Filmtech Corporation of Chicago, IL, as an emergency purchase Resolution # 2023-R0065 CITY OFXUBK: Tray P e, ATTEST: iU� 6 Reb ca Garza, City Secre 6349 Page - 1 of 2 -- of - Lubbciotyck PURCHASE ORDER Date 2/3/2023 TEXAS Order Number 22105280 000 OP Branch/Plant 6349 TO: FILMTEC CORPORATION 4118 COLLECTION CENTER DRIVE CHICAGO IL 60693-0077 SHIP TO: CITY OF LUBBOCK SOUTH TREATMENT PLANT 5114 EAST FM 1585 LUBBOCK TX 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, Director of Purchasing & Contract Management Ordered 2/3/2023 Freight Requested 2/17/2023 Taken By D HEATH Delivery PER R MARTINEZ REQ 59844 EMERGENCY PURCHASE If you have any questions please reach out to Renata Martinez at 806-775-2611 or by email at RMartinez(a�mylubbock.us Description/Supplier Item Membrane 3% energy surcharge Labor for installation support Membrane 3% energy surcharge Labor for installation support Shipping Ordered Unit Cost UM Extension Request Date 480.000 1,100.0000 EA 528,000.00 2/17/2023 1.000 15,840.0000 EA 15,840.00 2/17/2023 1.000 13,843.0000 EA 13,843.00 2/17/2023 240.000 1,100.0000 EA 264,000.00 2/17/2023 1.000 7,920.0000 EA 7,920.00 2/17/2023 1.000 9,200.0000 EA 9,200.00 2/17/2023 1.000 24,000.0000 EA 24,000.00 2/17/2023 Total Order Terms NET 30 862,803.00 Rev. 3/2022 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS the Contractor unless agreed upon in writing by the Dames In the event of conflict between the itv' terms and conditions and any terms and conditions orovided by the Contractor, the term and conditions orowded herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the namesand any prior conflictme terms shall be of no force or effect I SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignees name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of contamers, e g box I of 4 boxes, and (d) the number of the container bearing the packing slip Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common tamers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery 4 NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like Ifa tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided where the time for perkrmance has not yet expired the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5 INVOICES & PAYMENTS a S e 1 I e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice Mail To Accounts Payable, City of Lubbock, P 0 Box 2000, Lubbock, Texas 79457 Payment shall not be due until the above instruments are submutted after delivery 6 GRATUITIES The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller of it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any detemunatmons with respect to the perfomung of such a contract In the event this contract is canceled by Buyer pursuant to this proviso. Buyer shall be entitled in addition to any other rights and remedies, to recover or withhold the amount of the cost inclined by Seller in providing such gratuities 7 SPECIAL TOOLS & TEST EQUIPMENT if the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such 8 WARRANTY -PRICE a The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense b The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business For breach of vicnatton of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee 9 WARRANTY -PRODUCT Seller shall not limut or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer Seller warrants that the goods furnished will conform to the specification. drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third parry involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference 10 SAFETY WARRANTY Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U S. Department of Labor under the Occupational Safety and Health Act of 1970 In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense I I NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like Buyer makes no warranty that the production of goods according to the specification will not give rise to such a chum, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller issued on the grounds of infringement of the like If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in wring within two weeks after the signing of this agreement If Buyer does not receive notice and its subsequently held liable for the infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascenams the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12 NON APPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City In the event of nonappropration of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will termunate the contract, without termination charge or other Inability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first If atany time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 13 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting them 14 CANCELLATION Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order of Seller breaches any of the terms hereof mcludmg warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein. 16 FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent 17, ASSIGNMENT -DELEGATION No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph 18 WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved parry, 19. INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as pan of his bid is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terries of their agreement Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20 APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code Wherever the term "Uniform Commercial Code' is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21. RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract 22 INDEMNIFICATION Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom. whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and if any judgment shall be rendered against the Buyer in any such anion, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided 23 TIME It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement 24 MBE The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25 NON -ARBITRATION 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 document, this provision shall control 26 RIGHT TO AUDIT 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 Crory reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (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 27 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 28 Contracts with Companies Engaged in Business with Ira. 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 termnst organization 29 Texas Government Code Section 2252 908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency Instructions for completing Form 1295 are available at hno—ci.lubbock.mustiteommiental- yqbwptun 30 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 31 No Boycott of Energy Companies Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274 002, or (it) it does not boycott Energy Companies and will not boycott Energy Companies 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. 32 No Boycott of a Firearm Entity or Firearm Trade Association Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (n) it meets an exemption criteria under Section 2274 002, or (it) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association 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. 33 Contracts with Companies Engaged in Business with Ira. 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 its 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 34 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 35 Pursuant to Section 552 3C 1(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests maybe made by an emailed request ojT .rr�„yihhocl_ ��. Please send this request to this email address for it to be processed 15 TERMINATION The performance of work under this order may be terminated in whole, or in part by the Buyer REV 3/2022 Membrane Quote CITY OF LUBBOCK SOUTH WATER TREA7M&4T PLANT 3, AI4 ERSi F]d L135 City of Lubbock - „- Lubbock, TX FilmTecTm Corporation https://www.dupont.com/water 455 Forest Street, Marlborough, MA 01752 This document is pnvate & confidential and may not be distributed without prior written approval of DuPont MEMCOR' a DuPont'"' brand EXECUTIVE SUMMARY Private & Confidential Thank you for your interest in MEMCOR's replacement membranes, parts and service. Below I have listed out the scope of work, parts and pricing to replace 480 of your L20N membrane. I look forward to hearing back on how you would like to proceed. 1-800-MEMCOR4 • MEMCOR's Global Service Organization allows us to provide, free of charge to our customers, 24/7 process support via our global MEMCOR helpline. • If you call this number any time, day or night, you will be connected to a certified MEMCOR Process Technician with real answers to your process challenges. • This service is available to you as long as you operate a MEMCOR plant at no additional cost. Service Capabilities DuPont combines our in-depth system knowledge with our extensive company owned service organization to provide you with qualified local personnel that can manage the preventive and on -going service needs of the proposed MBR system. Our service programs are individually designed to meet the needs of each customer situation. Our service programs can be designed to provide any of the following services: • Remote data analysis with actionable summary reports • Completion of on -site membrane clean -in -place procedures • Treatment system audits and membrane fiber analysis • Completion of preventive maintenance and parts replacement We would like to thank you again for your interest in MEMCOR Products. We believe that every MEMCOR product comes with more than just equipment — it includes the expansive knowledge of MEMCOR's dedicated team of membrane scientists, engineers, and technicians who stand behind every installation. We are eager to share this expertise with those responsible for providing the world with clean, consistent, and high -quality water. Should you have any questions regarding this quotation or would like to request any additional information please contact us the Technical Sales Manager or the DuPont Regional Representative listed below. DuPont Sales Manager: Joe Marzullo Memcor Customer Care Cell: 719.331.1614 Vincent. Marzullo@Dupont.com MEMCOR` a DuPont'°" brand ect Overview Private & Confidential The following table summarizes the contents of this quotation: 480 L20Nv2 QUOTE #1 - 480 modules 480-L10Nv2—12038594 — With a 10-year warranty & a $200 per membrane discounted price. $1100 per membrane X 480 = $528,000 3% energy surcharge of $15,840 Labor for installation support $13,843 0 1 service tech for 6 days on site. c Scope or work: ■ Help install the 480 membranes ■ Calculation changes in the PLC to change the surface area from 375 Square Feet to 453 Square feet. ■ Fine tune the unit for optimum performance. • All options above are provided with free air shipping from Australia estimated value of $30,000 • Estimated Time of delivery 6-10 weeks from time of PO received. Subtotal $ 567,683.00 QUOTE # 2 - 240 modules 240 — L10Nv2—12038594 - With a 10-year warranty & a $200 per membrane discounted price. $1100 per membrane X 240 = $264,000 3% energy surcharge of $7,920 Labor for installation support $9,200 Shipping Via air $24,000 0 1 service tech for 3 days on site. a Scope or work: ■ Help install the 240 membranes ■ Calculation changes in the PLC to change the surface area from 375 Square Feet to 453 Square feet. ■ Fine tune the unit for optimum performance. • Estimated Time of delivery 6-10 weeks from time of PO received. Subtotal $ 305,120.00 MEMCOR` a DuPont'" brand Private & Confidential I Scope of Supply The following equipment is included with the proposed scope of supply. 1.1 Equipment Scope of Supply Membrane Operating System Equipment QTY DESCRIPTION 720 L20 Nv2 membranes 1 1 service tech that was on site for 6 days 1 1 service tech that was on site for 2 days Below Parts will be provided free of charge 1 Free Shipment of 480 membranes estimated value of $30,000 400 Isolation Valves 400 Isolation Valve 0-rings (large) 400 Isolation Valve 0-rings (small) 1 Array end plate block (site has a cracked one) 25 Filtrate cups 40 Membrane clips 2 Can of Grease Above parts estimated cost —$3700 1 1 service tech that was on site for 2 days on 1-18-23 & 1-19-23 estimated value of $7520 MEMCOR' a DuPont'°" brand Private & Confidential Company Profile 40UPONTO Company: DuPont (FilmTec Corporation) DuPont (NYSE: DD) is a global innovation leader with technology -based materials, ingredients and solutions that help transform industries and everyday life. Our employees apply diverse science and expertise to help customers advance their best ideas and deliver essential innovations in key markets including electronics, transportation, construction, water, health and wellness, food and worker safety. For over 200 years, DuPont has been synonymous with life -changing discoveries and scientific know-how, reinventing ourselves along the way. The history of DuPont is a history of scientific and technology breakthroughs. But more than that, it's a story of transformation. From the beginning, our company has changed and evolved, so that we can keep finding essential innovations to solve the most challenging problems and help people live safer, healthier lives. DuPont is a leader in water purification and separation technology including ultrafiltration, reverse osmosis and ion exchange resins. The FilmTecTm brand is recognized globally and known for consistent and reliable performance. Each of the recent acquisitions, including Desalitech, and MEMCOR supports our strategy to drive growth and innovation through access to new manufacturing capabilities, geographies and technologies. MEMCOW a DuPont" brand Product Line: MEMCOW1 The first MEMCOR installation in the USA was at the Keystone Ski Resort in the late 1980's. MEMCOR pioneered the first dead end back -washable low-pressure membrane filtration process which is widely utilized today for drinking water, wastewater reuse, desalination pretreatment and MBR applications. MEMCOR placed its first drinking -water system into operation in 1987, its first wastewater reuse system in 1990, and the first MBR system was installed in 1999. In 1997, MEMCOR supplied the world's first -drinking water system to be installed in a cold -weather climate at the Marquette, Michigan Water Treatment Plant; and our first cold - weather MBR was installed at the Grayeagle Casino in Alberta in 2007. MEMCOR continues to manufacture its own membrane modules, providing a high level of quality control and accountability to their customers. This allows MEMCOR continually invest in R&D and innovate with holistic improvements in membrane technology and system design to provide the best solutions for its customers. Over its history, MEMCOR has brought several new products and technology improvements to the market. The benefits of the R&D developments and innovations are passed on to new customers as well as to existing ones. By partnering directly with a membrane manufacturer, customers are assured of a comprehensive warranty and access to new and improved solutions. MEMCOR now has 350,000+ N membrane modules installed at some 2,000 sites worldwide. The history of supporting these installations is one of first-class service and excellent product knowledge. This knowledge base, strong commitment to product development and history of supporting customers for almost 30 years in the water filtration market makes MEMCOR the most reliable choice for any membrane facility. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2023-983042 Date Filed: 02/14/2023 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Dupont Water Solutions Marlboro, MA United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 59844 Water treatment equipment and services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-983042 Dupont Water Solutions Marlboro, MA United States Date Filed: 02/14/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 02/14/2023 g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 59844 Water treatment equipment and services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0