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Bid Bond - Xylem Water Solutions - 2013-02-25 totv. Liberty Interchange Corporate Center Mutual.11Y tt l cL&G��o 450 Plymouth Road,Suite 400 Plymouth Meeting,PA. 19462-1644 Ph.(610)832-8240 BID BOND Bond Number: KNOW ALL MEN BY THESE PRESENTS, that We XYLEM WATER SOLUTIONS U.S.A. INC. 14125 South Bridge Circle,Charlotte,NC 28273 ,as principal (the"Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto COSTA MESA SANITARY DISTRICT 628 W. 19th Street,Costa Mesa,CA 92627 , as obligee (the "Obligee"), in the penal sum of 10%of Amount Ten percent of amount bid. Dollars($ Bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Maintenance of Pumps-Bid No.CMSD-12-12 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein,or, if no period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1) year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 25th day of February ,20 13 WITNESS/ATTEST: XYLEM WATER SOLUTIO . INC. (Principal) � �t� [Jr By: ,001111/ �''� (Seal) Name: Mci-ti-h.tuJ Title: JfCe-e(v5;44-I ,T -tt slats eov4-Y0 ller LIBERTY MUTUAL INSURANCE COMPANY (Surety) By:attie(XV:--- (c ./fie (Seal) Cynfia Farrell Attorney-In-Fact LMIC-5000 Rev.3104 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 5557163 American Fire and Casually Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company ■ POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the lays of the Stale of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the lays of the State of Indiana(herein collectively called the°Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Annette I euschner;Cynthia Farrell.Debra A. Deming:Evangeline L,Dominick:Glenn J.Pelletiere:Jessica lannotta:Robert P.McDonough:Sandra Diar Sonia Rogers:Tfioma Rhetigan Vaiorje Spates:Vivian Carti all of the city of New York ,state of NY each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 101h day of September , 2012 . ; -�, (i'f' Fire and Casualty Company O c r u i,R7 o v t;c o Ur 1} °y `y,029'rs°• 011:10 oce m Caon m an Y?/ \e nj, i � ti r a/r-1--.v i, A w p a 0R l , \:,5, r :y c-104 ti LTihbe erOty hMio uCtuaasl uIanlst urIannscue raCn a)' s 1� 11tH i Peerless Insurance Company -O 0 L 1. > c SEAL °° a•1 �SEAL u1`O yx � o ; � �v °, \ _/ <2''' West American Insurance Company X (1,..i.::--;.:,13 •Yi,,' A }: k: rl ,t`> 4'4 Q„,,,,,„,,,,,L.. .„,„. �I � p '�...e+ a.4 ,, erE ' $ c By: .:, I C 6. STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary ro 3 COUNTY OF KING ::{,---u A 0 o w On this 10th day of September , 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and >U O Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being ,W 6. > authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O �. IN WITNESS-WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle Washington,on the day and year first above written. Q M. c � pen O'_i 01AR - By >_. C ® ' ',env: - KD Riley,Note Public cu ia;e.[F, This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and A'itii iizations of American Fire and Casualty Company,The Ohio Casualty Insurance r o (1)- Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: cm iii O c ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject >,d O to to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact;as may be necessary to act in behalf of the Corporation to make,execute,seal, $ 3 E acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective '� sd pourers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to.attach thereto the seal of the Corporation. When so :>:Q executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under ar c' 2 t the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. me d> ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, M ° c and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, c c. seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Suchattorneys-in-fact subject to the limitations set forth in their o respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 1.-O cD executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the.Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such attorney-inject as may be necessary to act en behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and biding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of w 'ch the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and nas not been revoked. .254-day TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this C °� o _ � I/ ,2.0/a- C\, III. `-.,-7,13.;7;..N ,,,,,,.,z,* ,s,„.„F '�_..�._`r er./ tir,1T. '� - i .a.<r� tiS” ,, 100.1 t r\ By: �� -. i,AI �:� l .-;e1, wt,11L, 'r (��. 0 3, David M.Carey,Assistant Secrete Cr}0.. s./,/"-----} \+.fit• �'�' h<L,iti`t� 9t -COti`, PEA-AFCC,LMIC,CCIC,PIC&WAIC LMS_12873041012 64 or 500 S i1 t%'- Liberty LIBERTY MUTUAL INSURANCE COMPANY 1Vt>Lit'U I, FINANCIAL STATEMENT—.DECEMBER 31,2011 SURETY Assets Liabilities Cash and Bank Deposits S 696,606,839 Unearned Premiums S3,762,485,913 "Bonds—U.S Government 910,151,865 Reserve for Claims and Claims Expense 15,817,904,502 "Other Bonds 11 12,794,792,561 Funds Held Under Reinsurance Treaties 1,249,980,610 Reserve for Dividends to Policyholders 4,656,284 Stocks 8,216,137,875 Additional Statutory Reserve 77,791,575 Real Estate 268,420,606 Reserve for Commissions,Tares and Agents'Balances or Uncollected Premiums 3,191,269,641 Other Liabilities 2,885.589.205 Accrued Interest and Rents 151,164,670 Total $23;798,448,089 Other Admitted Assets 12,166 299,092 Special Surph+s Funds 51,036,917,657 Capital Stock 10,000,000 Paid in Surplus 7,732,061,653 Unassigned Surplus 4,817,455,750 Total Admitted Assets G3.7,,3_94443,i39 Surplus to Policyholders 134596:431,O6O Total Liabilities and Surplus a 394,843.149 ;;;N:t U��, * B onds are stated at amortized or investment value;Stocks at Association Market Values. 1 ° The foregoing financial information is taken from Liberty Mutual Insurance Company's financial t.%.''°-,..+'"'7.°ty statement filed with the state of Massachusetts Department of Insurance. 1,TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2011,to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and axed the seal of said Corporation at Seattle, Washington,this 5th day of April,2012. v Assistant Secretary S•1262114Ga 4112 FLYGT WEDECO xylem Weer xylem brand a xylem brand XYLEM CREDIT APPLICATION INFORMATION, PRESENT PREVIOUS Address: 14125 South Bridge Circle Address: 35 Nutmeg Drive Charlotte,NC 28273 P.O.Box 1004 Trumbull,CT 06611-0943 Phone: (704)409-9700 (704)295-9080 Fax: Time at Address: 9 Years 16 Years Organization Type: Corporation-Delaware Type of Business: Manufacturing,assembly,sales and service and of submersible pumps and mixers, electrical control panels and accessories. Sales and service of UV disinfection and ozone oxidation equipment providing advanced technological solutions for the treatment and transport of water and wastewater. Bank Reference: Citibank,388 Greenwich Street,New York,NY 10013(see attached letter of reference)Contact: Michelle Bauko Kaicher D& B Information: Duns#06-708-7450 Tax Exemption#: See attachment for individual state numbers Federal I.D.#: 45-2080074 SIC#: 5099 TRADE REFERENCES1 Marmon Keystone Corporation,1000 Remington Blvd,Suite 305,Bolingbrook,IL 60440 Rick Kienzle rkienzlena marmonkevstone.com Sun Coast Hydraulics Electric Manufacturing,4130 North Canal Street,Jacksonville,FL 32209 Donna Rattz drattz @suncoastcontrols.biz USF Fabrication Inc,3200 West 84th Street,Hialeah,FL 33018(P.O.Box 028556,Miami,FL 33102 Jennifer Cardona Jcardona(n�usholdings.com Xylem Inc.,1133 Westchester Avenue,White Plains,NY 10604,(P)914-323-5700 Duns#96-884-8734 h'L� 'rZ' Xylem Water Solutions U.S.A., Inc. /Flygt Products 13350 Gregg St Suite 108 a xylem brand Poway, CA 92064 Tel: (858) 679-9344 x151 Fax: (858) 679-9480 SCHEDULED PUMP PREVENTATIVE MAINTENANCE INSPECTION AGREEMENT XYLEM / FLYGT PRODUCTS SERVICE-21 POINT CHECK LIST ® Check electrical condition of insulation on power cable and on all phases of motor. (In Meg Ohms) O Check for any loose or faulty electrical connections within the pump control panel. O Measure resistance between stator windings. (In Ohms) ® Check voltage supply between all phases of the electrical control panel. (VAC) ® Check voltage balance between all phases on the load side* of the pump control with pump on. (VAC) ® Check amperage draws on all phases of the pump motor. (In Amps) O Check condition and operation of motor thermal protectors control system(if so equipped). ® Removal of products pump from lift station for physical inspection. ® Check condition of upper shaft seals(inspect condition of motor housing). ® Check condition and operation of leakage detector(if so equipped). ® Check lower shaft seals(inspect condition of oil). ® Change oil if needed(cost of oil included). O Check for worn or loose impeller. ® Check all impeller wear rings. (Note: Wear rings are not covered by warranty and must be purchased by customer if in need of replacements) O Check for noise upper and lower bearings. ® Check physically for damage of pump and power cable O Clean,reset,and check operation of level sensors. O Check for correct shaft rotation O Reinstall products pump and check for leakage at the discharge connection ® Test of pump operation cycle(if level of liquid in stattion permits). ® Check operating of valves and pipes in station. F'LjT 0