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HomeMy WebLinkAboutEVOQUA WATER TECHNOLOGIES N-2026-219 7AM 217916 evoQUA Evoqua Water Technologies LLC v:Pwq(►) IV) 'HATER TEC'HNOLOG)ES May 6, 2026 Hector Medina, E.I.T. C Associate Engineer Santa Ana Public Works I Water Resources 215 S. Center Street I Santa Ana, CA 92703 (0): 714-647-3538 (C): 657-322-4009 1 hmedina(asanta-ana.org Re: 2026 Skimming and Service of IX Resin Beds Santa Ana well 40 PFAS TREATMENT PLANT Dear Hector, Evoqua Water Technologies (Evoqua) is pleased to submit this quote to provide onsite services of the ion exchange resin which includes trouble shooting, repairs, inspections, and skimming the resin beds in response to the increase pressure drop you plant may experience. Evoqua has seven core values and at the top of the list is Customer Satisfaction. We want to meet and hopefully exceed your expectations. General Service Visit by Technician. • The half day (3.5 hrs) or daily (7 hrs) rate will apply for general services requiring the use of an Evoqua technician to troubleshoot or make repairs to the IX system. • Prevailing wages apply Vessel Inspection: • Conduct vessel inspection • We can do an inspection while keep the plant operational • Drain vessel to be inspected, then Evoqua will open side manway and inspect resin © Is it level? o Is there any fouling? Bed Skimming: • If there is crust or debris atop the resin bed, our crew will vacuum off the debris. • Debris would be left onsite in a supersack while we await profiling and disposal. SAP Part Estimated Description 1Qty Pkg Unit Price Line Sum Number Hours/day Skimming of two vessels in one day 8 ea $ 5,464.00 $43,712.00 W3TSP5189 7 Technician Service visit-Half Day 2 ea $ 945.00 $ 1,890.00 W3TSP5190 3.5 Technician Servicevisit-Full Day 2 ea $ 1,885.00 $ 3,770.00 W3TSP5191 7 TOTAL: $49,372.00 Thank you for this opportunity to work with you. Please contact me at *1 (714) 262-1560 if you have questions or if we may be of further assistance. Any materials or rentals required for service will be billed at cost plus 15%. Sincerely, Patricia Tinnerino Evoqua Water Technologies LLC 714-262-1560 Patricia.tinnerino{-)xylem.com eV oQUA Evoqua Water Technologies LLC WATER TECHNOLO{ilES May 6, 2026 Hector Medina, E.I.T. I Associate Engineer Santa Ana Public Works I Water Resources 215 S. Center Street I Santa Ana, CA 92703 (0): 714-647-3538 (C): 657-322-4009 1 hmedina cr santa-ana.org Subject: City of Santa Ana—(2) HP1220CIXSYS with PSR2 Plus resin -Sole Source Provider Dear Hector, Evoqua Water Technologies LLC. is the sole source provider of skimming services to ion exchange systems with PSR2 Plus resin. Thank you for this opportunity to work with you. Please contact me at+1 (714) 262-1560 if you have questions or if we may be of further assistance. Sincerely, Patricia Tinnerino Evoqua Water Technologies LLC 714-262-1560 Patricia.tinnerino lem.com Confidentidl ��� :, 2 STANDARD TERMS OF SALE 4 _Applicable Terms. These terms govern the purchase and sale of equipment, products, related services, leased products, and media goods if any (collectively herein "Work"), referred to in Seller's proposal ("Seller's Documentation"). Whether these terms are included in an offer or an acceptance by Seller,such offer or acceptance is expressly conditioned on Buyer's assent to these terms.Seller 2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation specifically provides otherwise, freight, storage, insurance and all taxes, levies, duties, tariffs, permits or license fees or other governmental charges relating to the Work or any incremental increases thereto shall be paid by Buyer. If Seller is required to pay any such charges,Buyer shall immediately reimburse Seller. If Buyer claims a tax or other exemption or direct payment permit,it shall provide Seller with a valid exemption certificate or permit and indemnify, defend and hold Seller harmless from any taxes, costs and penalties arising out of same. All payments are due within thirty(30)days after receipt of invoice. Buyer shall pay interest on all late payments not received by the due date.The Buyer shall be charged the lesser rate of 1'/z%interest per month or the maximum interest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall also reimburse Seller for all costs incurred in collecting amounts due but unpaid, including without limitation, collections fees and attorneys' fees.All orders are subject to credit approval by Seller. Back charges without Seller's prior written approval shall not be accepted. 3. Delivery. Delivery of the Work shall be in material compliance with the schedule in Seller's Documentation, Unless Seller's Documentation provides otherwise,delivery terms are FOB Shipping Point,or for international orders, ExWorks Seller's factory(INCOTM Terms 2020).Title to all Work shall pass upon receipt of payment for the Work under the respective invoice. Unless otherwise agreed to In writing by Seller,shipping dates are approximate only and Seller shall not be liable for any loss or expense(consequential or otherwise) incurred by Buyer or Buyer's customer if Seller fails to meet the specified delivery schedule. 4. Ownership of Materials and Licenses. All devices, designs(including drawings, plans and specifications), estimates, prices, notes, electronic data, software, and other Information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non-exclusive, non-transferable license to use any written material solely for Buyer's use of the Work. Buyer shall not disclose any such material to third parties without Seller's prior written consent. guye.grants SalleF exclusive, nGn tFangfffable 11OG-4-1-0-131-yer's name and logo for marketing puFlaoses, inoluding but Fiet limited to, presS F810aSeS, 5. Changes. Neither party shall implement any changes in the scope of Work described in Seller's Documentation without a mutually agreed upon change order. Any change to the scope of the Work, delivery schedule for the Work, any Force Majeure Event, any law, rule, regulation,order,code,standard or requirement which requires any change hereunder shall entitle Seller to an equitable adjustment in the price and time of performance. If Buyer requests a proposal for a change In the Work from Seller and subsequently elects not to proceed with the change,a change order shall be issued to reimburse Sellerfor reasonable costs incurred for estimating services,design services,and services involved in the preparation of proposed changes. 6. Force Majeure Event. Neither Buyer nor Seller shall have any liability for any breach or delay(except for breach of payment obligations)caused by a Force Majeure Event. If a Force Majeure Event exceeds six(6)months in duration, the Seller shall have the right to terminate the Agreement without liability,upon fifteen(15)days written notice to Buyer,and shall be entitled to payment, including overhead and profit,for work performed prior to the date of termination. "Force Majeure Event"shall mean events or circumstances that are beyond the affected party's control and could not reasonably have been easily avoided or overcome by the affected party and are not substantially attributable to the other party. Force Majeure Event may include,but is not limited to,the following circumstances or events: war, act of foreign enemies, terrorism, riot, strike, or lockout by persons other than by Seller or its sub-suppliers, natural catastrophes, (with respect to on-site work) unusual weather conditions, epidemic, pandemic, communicable disease outbreak, quarantines, national emergency,or state or local order. 7. Warranty. Subject to the following sentence,Seller warrants to Buyer that the(i)Work shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship and(if)the Services shall be performed in a timely and workmanlike manner. Determination of suitability of treated water for any use by Buyer shall be the sole and exclusive responsibility of Buyer,and Seller disclaims any warranty regarding such suitability.The foregoing warranty shall not apply to any Work that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (1)Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and(1i)Seller shall have no other liability to Buyer under warranty,tort or any other legal theory. The Seller warrants the Work, or any components thereof, through the earlier of(1)eightoon (18) months from delivery of the Work,or(ii)twelve(12)months from Buyer's initial operation of the Work,or in the case of services performed as part of the Work,ninety (90)days from the performance of the services (the "Warranty Period"). If Buyer gives Seller prompt written notice of breach of this warranty within the Warranty Period,Seller shall,at its sole option and as Buyer's sole and exclusive remedy,repair or replace the subject parts,re-perform the Service or refund the purchase price. Unless otherwise agreed to in writing by Seller, (i)Buyer shall be responsible for any labor required to gain access to the Work so that Seller can assess the available remedies and(ii)Buyer shall be responsible for all costs of installation of repaired or replaced Work. If Seller determines that any claimed breach is not, in fact,covered by this warranty, Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's (i) operating and maintaining the Work in accordance with Seller's instructions, (if) not making any unauthorized repairs or alterations, and (III) not being in default of any payment obligation to Seller. Seller's warranty does not cover(i) damage caused by chemical action or abrasive material, improper thermal or electrical capacity, misuse or improper installation(unless installed by Seller) and(if)media goods(such as, but not limited to, resin, membranes,or granular activated carbon media)once media goods are installed. THE WARRANTIES SET FORTH IN THIS SECTION ARE THE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISION BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE, Evoqua Water Technologies-Standard Terms of Sale,rev. 7.2022 edited 4.21.2025 for Santa Ana I i 8. Indemnity. Seller shall indemnify,defend,and hold Buyer harmless from any claim,cause of action,or liability incurred by Buyer as a result of third-party claims for personal injury, death, or damage to tangible property,to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim, Seller's indemnification is conditioned on Buyer (i) promptly notifying Seller of any claim, and (ii) providing reasonable cooperation in the defense of any claim. Buyer shall indemnify, defend, and hold harmless Seller from any claim, cause of action,or liability incurred by Seller as a result of third-party claims for personal injury,death,or damage to tangible property,to the extent caused by Buyer's negligence. Buyer shall have the sole authority to direct the defense of and settle any such indemnified claim. Buyer's indemnification is conditioned on Seller(i)promptly notifying Buyer of any claim,and(ii)providing reasonable cooperation in the defense of any claim. 9, Assionment. Neither party may assign this Agreement, in whole or in part, nor any rights or obligations hereunder without the prior written consent of the other party; provided, however, the Seller may assign its rights and obligations under these terms to its affiliates or in connection with the sale or transfer of the Seller's business, and Seller may grant a security interest in the Agreement and/or assign proceeds of the agreement without Buyer's consent, 10. Termination. Either party may, in addition to any other available remedy, terminate this agreement for a material breach upon issuance of a written notice of the breach and expiration of a thirty (30)day cure period. In the event of(i) a voluntary or involuntary petition in bankruptcy,(ii)an assignment for the benefit of a creditor,or(ill)a receivership,liquidation,or dissolution,Seller may terminate : the agreement immediately, in addition to seeking any other available remedy. If Buyer suspends an order without a change order for ninety(90)or more days, Seller may thereafter terminate this Agreement without liability, upon fifteen(15)days written notice to Buyer, and shall be entitled to payment for work performed,whether delivered or undelivered, prior to the date of termination. 1111. u+.. FGn In the event aF any dalm, dispute, GF GE)RtFeversy arising out 9f or relating In any way to this Agreement (GO118GtiVely, a"Claim"), GelleF and Buyer shall fimt nagetiate in geed faith in an effort to feselve the Glairn. if, despite good faith erfeFtG, the parties are unable te FOselve a Claim through Re ,.tie+iono the o'[*ur'm-rs--m ta"Feeeslyrec of the ArneriGan Fbitr tier Association ("AAA') with h d! t�n_te take place Q'++ burgh, o. n li yly iF the Parties areFRa on pugs re ene situatedstate courts AlleghenyCounty, Pennsylvaniafor of entering .-Igme expenses,on the arbitFat0F's award. The substantially prevailing paFty, as determined by the aFbItFat9F, shall be eRtitl8d t0 FOGE)VOr ali oe6ts, and GhaFgOG, Wtheut_limitation reasonable ottarney8'Foes and n .Ft witne6s feed rerl�o under whioh Seller e9untries, any Claim whiGh i6 Rat FeS9'Ved by the good faith negotiations and FR6dIatI9R FOqUired by thiS Se6tion Shall thBR be dt#AFFAIM-� by arb!tFatlen administered by the International GentOF for Dispute Resolution in aGGGFdanee Wth Its international ArbitratiqR Rules,with oAnreemen+and- umle � governed by the laws.f the Iem prales thereof 12. Export Compllance. All items, and technologies, software, and work products are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s)herein identified, They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items,without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Any diversion contrary to U.S. law is prohibited. Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale, exportation, transfer, assignment, disposal, and usage of the Work provided under this Agreement, including any export license requirements. Buyer agrees that such Work shall not at any time directly or indirectly be used, exported, sold, transferred, assigned, or otherwise disposed of in a manner which will result in non-compliance with such applicable export laws and regulations. It shall be a condition of the continuing performance by Seller of its obligations hereunder that compliance with such export laws and regulations be maintained at all times. BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS. 13, Anti-Kickback Statute—Discounts. It is the intent of both Buyer and Seller to comply with the Anti-Kickback Statute(42 U.S.C. §1320a-7b(b)) and the Discount Safe Harbor and Warranties Safe Harbor regulations set forth in 42 C.F.R. 1001.952(h) and (g), respectively. Buyer's price may constitute a'discount or other reduction in price' under the Anti-Kickback Statute. Seller shall provide Buyer with invoices thatfully and accurately disclose the discounted price of all Products purchased under this Agreement to allow Buyer to comply with this Section and the Discount Safe Harbor regulations, including sufficient information to enable it to accurately report Its actual cost for all purchases of Products. Buyer acknowledges that, if applicable, it will fully and accurately report all discounts or other price reductions, including warranty items, in the costs claimed or charges made under any Federal or State healthcare program and provide information upon request to third party reimbursement programs, including Medicare and Medicaid. Buyer will be solely responsible for determining whether any savings or discount or warranty item it receives must be reported or passed on to payers. 14. Federal Program Participation. Seller represents and warrants that neither it nor any of its current directors, officers, or key personnel: (i)are currently excluded, debarred or otherwise ineligible to participate in federal health care programs as defined in 42 U.S.C. §1320a-7b(f) (the "Federal Healthcare Programs"); (ii)have been convicted of a criminal offense related to the provision of healthcare Items or services during the last five (5) years; or (iii)have been excluded, debarred or otherwise declared ineligible to participate during the last five (5) years in Federal Healthcare Programs, Seller will notify Buyer of any change in the status of the representations and warranties set forth above. 15. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY,SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY Evoqua Water Technologies-Standard Terms of Sale,rev. 7.2022 edited 4.21.2025,for Santa Ana l I FOR ALL WARRANTY CLAIMS OR FOR ANY BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE AGREEMENT, SHALL NOT EXCEED THREE TIMES THE PURCHASE PRICE PAID FOR THE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,TORT, STRICT LIABILITY OR ANY OTHER THEORY. 16- Miscellaneous. These terms, together with any related Contract Documents issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties(the"Agreement")andsupersede aryr er as seatained+n�uyeFs deEumentsr-unlessseparately--signed-by-Seflef No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. To the extent the Agreement is considered a subcontract under Buyer's prime contract with an agency of the United States government, in case of Federal Acquisition Regulations(FARs)flow down terms, Seller will be in compliance with Section 44.403 of the FAR relating to commercial items and those additional clauses as sped#ically listed in 52.244-6,Subcontracts for Commercial Items (OCT 2014). If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. The Agreement shall be govemed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions.Both Buyer and Seller reject the applicability of the United Nations Convention on Contracts for the international sales of goods to the relationship between the parties and to all transactions arising from said relationship. Only in the eventthat:the Work contemplated In this Order is related to the provision of medical devices,the following additional terms apply: 17. Medical Devices Act and Regulatory Disclaimer. Buyer acknowledges that it is familiar with the U.S.Safe Medical Devices Act of 1990 (the "Devices Act") and the reporting obligations imposed on device users thereunder. In this regard, Buyer agrees to notify Seller within ten (10)days of the occurrence of any event identified in the Devices Act imposing a reporting obligation on Buyer and/or Seller (except for events representing an imminent hazard that require notification to the United States Food and Drug Administration (the"FDA") within seventy-two (72)hours (or such shorter time as required by law), in which case, such notice will be delivered to the FDA and Seller within said period). Buyer will maintain adequate tracking for the Products to enable Seller to meet the FDA requirements applicable to the tracking of medical devices. Although Seller has the required registrations, approvals, and licenses (e.g., U.S. 510(k) pre-market notifications) for all or substantially all of its systems, the purchase of parts and system components from Seller does not provide 511 compliance or compliance under any other law, rule or regulation for Buyer's system_ Only in the event that the Work contemplated in this Order is related to the provision of leased or rented equipment ("Leased Equipment"),the following additional terms apply; 16. Rental Equipment! Services. Any Leased Equipment provided by Seller shall at all times be the property of Seller with the exception of certain miscellaneous installation materials purchased by the Buyer, and no right or property interest is transferred to the Buyer, except the right to use any such Leased Equipment as provided herein. Buyer agrees that it shall not pledge, lend, or create a security interest in, part with possession of, or relocate the Leased Equipment. Buyer shall be responsible to maintain the Leased Equipment in good and efficient working order.At the end of the initial term specified in the order,the terms shall automatically renew for the identical period unless canceled in writing by Buyer or Seller not sooner than three (3) months nor later than one (1) month from termination of the initial order or any renewal terms. Upon any renewal, Seller shall have the right to issue notice of increased pricing which shall be effective for any renewed terms unless Buyer objects in writing within fifteen(15)days of issuance of said notice. If Buyer timely cancels service in writing prior to the end of the initial or any renewal term this shall not relieve Buyer of its obligations under the order for the monthly rental servicechargewhich shall continue to be due and owing.Upon the expiration or termination of this Agreement, Buyer shall promptly make any Leased Equipment available to Seller for removal. Buyer hereby agrees that it shall grant Seller access to the Leased Equipment location and shall permit Seller to take possession of and remove the Leased Equipment without resort to legal process and hereby releases Seller from any claim or rightof action for trespass ordamages caused by reason of such entry and removal. IN WITNESS WHEREOF, the terms and conditions of this proposal are hereby accepted by both Buyer and Seller, who have caused this Agreement to be executed by the signatures of their duly authorized representatives below: EVOQUA WATER TECHNOLOGIES LLC(SELLER) NAME: Davial L MOrario SIGNATURE: TITLE: ..tinier Manager Cu_comer servi ce DATE: 07I31I202e ATTEST. CITY OF S NTA ANA Jennif r II Alvaro Nunez City ler City Manager APPR S TO FORM: RECOMMENDED FOR APPROVAL SONIA R,CARVALHO City Attorney Kyte Nellesen By: Assistant City Attorney _4p. Ro osas,P.E. Acting Executive Director Evoqua Water Technologies -Standard Terms of Sale. rev, 7.2022 edited 4?I_2025 for Santa Ana EXHIBIT A - INSURANCE REQUIREMENTS Evoqua shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Evoqua shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Evoqua does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000, Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Evoqua has no employees. Evoqua attests that its workers'compensation coverage extends to all persons who will be working with the City under the agreed scope of services. If Evoqua maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Evoqua. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Evoqua including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Evoqua for City. 3. All required insurance policies: For any claims related to this contract, Evoqua's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Evoqua's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. E. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Hector Medina, 215 S. Center Street, Santa Ana, CA 92703. The name and location of the event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Evoqua to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Evoqua shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Evoqua's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Evoqua must purchase "extended reporting"coverage for a minimum of three (3) years after completion of work. Subcontractors Evoqua shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Evoqua shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. i