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Bid Bond #1 Contract 23-19/ Xylem Water Solutions Part 1
) �& ] \ % k & � f k e \ ) } ) » ] & k) )� k�w3 q�- )f§ $a§ )4/ \ (\\� � f( _ ) t ] \ 2 E « J 2 ) \ )§ ) 3r ! ) \ [ ) � � \ /�\ m f q ) ))) } ] !§) } ) § 3o« m I m CITY OF OSIIICOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE SECTION 00 4314 BID BOND (PENAL SUM FORM) BIDDER (Name and Address): Xylem Water Solutions USA, Inc. 4828 Parkway Plaza Boulevard, Suite 200 Charlotte, NC 28217 BUYER (Name and Address): City of Oshkosh 215 Church Avenue P 0 Box 1130 Oshkosh WI54903-1130 0 `�' 0SHKOSrl, ISM- 'OckRK SURETY (Name and Address of Principal Place of Business): Federal Insurance Company 202B Hall's Mill Road Whitehouse Station, NJ 08889 BOND: Bond Number: N/A Penn[ sum: Five Percent (5%) of Amount Bid Date: September 22, 2023 (Not later than Bid due date) BID City Contract Number 23-19 Bid Due Date: October 13, 2023 Project (Brief Description Including Location): Water Filtration Plant Ozone System Package Purchase City of Oshkosh Water Filtration Plant, 425 Lake Shore Drive, Oshkosh, WI 54901 IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative, BIDDER SURETY Xylem Water Solutions USA, Inc. (Seal) Feder I Insurance Company (Seal) Bidde ame nd Corporate Seat Sure y's, I ame and Corpor0c, Seal By: i !�&i' By: ignature and Title Signat r and'I e Anne Potter, Attorney -in -Fact (Attach P el f Attorney) Attests,.-��►.tn.� }��D�+ �. � r� Attest: a Signature and Title �:' Signature and Titl andra Diaz, Surety Analyst Note: (1) Above addresses are to be used for giving required notice, (2) Any singular reference to Bidder, Surety, Buyer or other party shall be considered plural where applicable. PW\DEN001\691019\OZONE SEPTEMBER 6, 2023 CO COPYRIGHT 2023 JACOBS BID BOND (PENAL SUM FORM) 0043 14 - 1 CITY OF OSHKOSH WATER FILTRATION PLANT 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Buyer upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to In writing by Buyer) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, 3. This obligation shall be null and void if: 3.1. Buyer accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Buyer) the executed Agreement required by fire Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2. All Bids are rejected by Buyer, or 3.3. Buyer fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Buyer and, if applicable, consented to by Surety when required by Paragraph 5 hercol). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Buyer, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by the Buyer and Bidder, provided that the total time for issuing Notice of Award including extensions shalt not in the aggregate exceed 120 days from Bid duo date without Surety's written consent. BID BOND (PENAL SUM FORM) 0043 14 - 2 OZONE SYSTEM PACKAGE PURCHASE 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage prepaid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements, Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. PW\DEN00 I \691019\OZONE SEPTEMBER 6, 2023 OCOPYRIGHT 2023 JACOBS C Power of Attorney Federal Insurance Company ( Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHUSTERFIREINSURANCRCOMPANY and ACE AMERICAN INSURANCE COMPANY coil p ationsoftheCommonwealth ofPennsylvania, do each hereby constitute and appoint Valorle Spates and Beverly A. Woolford of Garden City, New York; Kemal Brkanovic, Debra A. Deming, Sandra Diaz, Peter Healy, Pablo Garcia Horcajo, Francesca Kazmierczak, Akllma Noorhassan, Anne Potter and Frances Rodriguez of New York, New York ------------ each as their true and lawful Attorney -in -Fact to execute under such designation in theirmmries and to affix their corporate seals to and deliver for and oil their behalfas surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than hall bonds) given or executed in tine course of buslness, and any Instruments intending or altering the same, and consents to tine modification or alteration of any instrument referred to In said bonds or obligations. III Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANTiNSURANCH COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seats on this Situ day of August, 2022, iR¢.i 5 h �fr�i. � �.SLIII Chi ' rt4- — Ail, 0-t-"._.i larval M. Chloros, Assistant St�irt;ny STATE OF NEW JERSEY. County of Hunterdon SS. stephen M, Nuncy, Vier Prtr.4dolt On this 11d, day of August, 2022 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRB INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M, Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCR COMPANY and ACE AMERiCAN INSURANCR COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were [fifty affixed and subscribed by like authority. Notarial Seal �� �g KATHERINE J. ADELAAR fin, 0rA RY NOTARY P1.18410 OF NEW JERSEY �"'t'• s PU6Ll0. No. 2319088 Commission Expires July 16,202i NolaryFubllc CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCR COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006, and Acts AMERICAN INSURANCE COMPANY rot March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizance;, contracts and otter written commitments of the Company entered Into in the ordinary course of business (each a "Writtan Cammiutenr'): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any WrittenCommitmet for and onbehaifofthecompany, under the seal of the Company or otherwise. (2) Each duty appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under tite seal orthe Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -la -fact, (3) Bach of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, toappolntIn writing any person the attorney -in. fact of the Company with full power and authority to execute, for and on behalf oftile Company, under the seal onheCompany orotherwise, such Written Commitments oftheConpnny as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written conmlmmnts. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate fit writing to any other officer of the Company the authority to execute, For and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified In such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature orally officer or other person executing any Written Commitment or appointment or delegation pursuant to ibis Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation, F1IRTHERRRSOLVRD, that the foregoing Resolution shun not be deemed to lie an exclusive statement of the powers and authority of effects, employees nndother persons toact for unit oil behalf ofthe Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vasted." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERiCAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (11) the foregoing Power ofAttorney Is true, correct and in full force and effect. Given under my hand and seals ofsald Companies at Whitehouse Station, NJ, this 22nd Day of September, 2023 Daval M. IS rrtaW IN THE RVRNT Y0U W ISH TO VERIFV TIIE AUTHENTICITY OF THI'BOND OR NOTIFY US OF ANY O'TBEit MATI'nil, I'LIIASR CONTACT I, IS AT: Tole nhuna 900 11493 Fax 900 903.365b c-marl: Surat Cei chubb.com Combined: FED-VIG.PI-WFIC-AAIC (rev.11-19) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31, 2022 (in thousands) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Terns Investments $ 123,147 Outstanding Losses and Loss Expenses $ 0,263,034 United States Government, State Reinsurance Payable on Losses and Expenses 1,723,796 and Municipal Bonds 3,760,695 Unearned Premiums 2,032,690 Other Banda 5,004,608 Ceded Reinsurance Premiums Payable 300,182 Stocks 245,400 Other Liabilities 471,528 Other Invested Assets 1,979,194 TOTAL INVESTMENTS IZ082,,042 TOTAL LIABILITIES 14,471,130 Investments in Affiliates; Capital Stock 20,900 Great Northern Ins, Co. 422,405 Paid -In Surplus 2,711,474 Vigilant Ina. Co. 381,723 Unassigned Funds 1,545,403 Chubb Indemnity Ins. Co, 165,044 Chubb National Ins. Cc 194,379 SURPLUS TO POLICYHOLDERS 4.277,067 Other Affiliates 124,046 Premiums Receivable 1,859,933 Other Assets 3,619,415 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS S t0 SURPLUS 18,748,987 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. At December 31, 2022, Investments with a carrying value of $612,747,632 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly swom, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing Is a true and correct statement of the said Company's financial condition as of the 31 st day of December, 2022, 0 Sworn before me 51s t ! (A r U711 !' y commission 0xp as [C,o_,m_m7onwsaI1ho1ennsylvania - Notary Seal me L, Yates, Notary Publla Philadelphia County yrommission expires SeptembQr 19, 2023 Commission number 1367070 Member, Pennsylvanla Association of Notaries CITY OF OSHKOSH WATER FILI ION PLANT OZONE SYSTEM PACK GE PURC )H,'ASE) 9. BID SUBMISSION. DF-PT OF Pjjj-��j,' WORKS 9.1. This Bid submitted by: USAOsfi, wISCONSIN Name pedw-pilnted): ' sped By (viNgvnati Doing Business s: Business Address: Phone No.: Facsimile: E-mail Address: A Partnership Partnership Name: (SEAL) (SEAL) By: (Signature qfgeneral par ei,,—aftaolhievidence oqfait, oritytosign) ' Name (typed or printed Business Address, Facsimile: Phone A Corporation Corporation Name: Xylem Water Solutions USA I Inc, State of Incorporation: Delaware --- Type (General Business, Professional, Service, Limited Liability): General Digitally signed by Joseph Joseph McCausland 'McCausland By:, Da . te: 2023.10.03 19:12:19 -04'00' BID FORM PW\DFN00I\691019\OZONE 0041 63-6 SEPTEMBER 6,2023 ©COPYRIGHT 2023 JACOBS CITY OF OSHKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE �j Jy Name (t)ped or printed): 0-� - -- Title:�,�ev� _ (CORPURATE.SEAL) Attest: G�C� i`'` CZt✓ c' (Signature o f ' �i porate Secretary') Business Address: _ 4828 Parkway Plaza Blvd Suite 200 Charlotte, NC 28217 Phone No.: 704-504-8872 Facsimile: E-mail Address: joseph.mccausland@xylem.com L State in ich Organized: By: (Signature — a. ch evidence of authority to sign) Name (typed or• printe Title; Business Address: Phone No.: --- E-mail Address: _ A Joint Ventura First Joint Venture/ame: (SEAL) By: (Signa rre of joint venture partner — attach evidence of authority I dgn) Nampl(typed or printed) : PW\DENOOI\691019\OZONE BID FORM SEPTEMBER 6, 2023 00 41 63 - 7 cOCOPYRIGITF 2023 JACOBS CITY OF OSHKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE B dness Address: Phone No.: Facsimile: E-mail Address: Second Joint Venture Name: By: (Signatin,e of joint venture partner — toe evidenc Name (typed or printed): Title: Business Address: Phone No.; Address: Facsimile: END OF SECTION of cnrthority to sign) (SEAL) BID FORM PW\DEN001\691019\OZONE 0041 63 - 8 SEPTEMBER 6, 2023 OCOPYRIGH`I'2023 JACOBS XYLEM WATER SOLUTIONS U.S.A., INC. UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS WHEREAS, the undersigned, constituting all of the members of the Board of Directors of Xylem Water Solutions U.S.A., Inc., a Delaware corporation formed pursuant to the laws of the State of Delaware (the "Corporation"), do hereby consent, pursuant to Section 141(0 of the General Corporation Law of the State of Delaware, to the adoption of the resolutions set forth below, with the same effect as if said actions were taken by unanimous approving vote at a meeting at which all of the directors were present in person: RESOLVED: That the lawful actions taken by the current and former officers of the Corporation, in the name of and on behalf of the Corporation are hereby adopted, ratified, and approved. RESOLVED FURTHER: That the following named persons are appointed as officers of the Corporation in the capacities indicated opposite their respective names, to serve as officers from this date forward until their resignation, removal, termination of employment with the Corporation or its affiliates, or death or until their successors are duly appointed. Individuals Office s Michael J. McGann President Peter Bilelis Vice President & Secretary Justin Pifer Vice President & Assistant Secretary Matthew Fisher Vice President & Treasurer Chris Carapella Vice President & Treasurer David Alban Vice President Ken Albaugh Vice President Nitin Bhate Vice President Juan De la Maza Vice President Todd Huffman Vice President Matthew Latino Vice President Chad Lawrence Vice President Joseph McCausland Vice President Adam McNeill Vice President Stewart Nix Vice President Richard Pangrazzi Vice President Sean Petraitis Vice President Randy Stewart Vice President Christine Valencia Vice President RESOLVED: That any previous appointments of officers for the Corporation are hereby revoked. RESOLVED FURTHER: That this Unanimous Written Consent may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same document, and that the different directors of the Corporation need not be signatories to the same counterpart. This Unanimous Written Consent of the Board of Directors is effective on October 1, 2023. Peter Bilelis IGtff{ kw rls6y Matthew Fisher Michael J. McGann u City Of Oshkosh TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWNERSHIP FORM ICE><<Tt-�It{if3etyf.1ig51 �,. i�}.R�.KS Please review the attached Department of Workforce Development Disclosure of Ownership form. If Item 3 on this Disclosure of Ownership form applies to your company, you must complete the Disclosure of Ownership form and upload in the appropriate location on Quest V-Bid. If Item 3 on the Disclosure of Ownership form does NOT apply to your company, you must complete the information below and upload this page in the appropriate location on Quest V-Bid. CERTIFICATION I certify by my signature below that Item 3 of the attached Disclosure of Ownership form does NOT apply to my firm, or a shareholder, officer, or partner of my firm. Name Chadd Matthewson Printed Name Territory Sales Manager Title Xvlem Water Solutions USA, Inc, Company Name October 4, 2023 Date 1: \Engineering\Tracy Taylor\Public Works Contracts\Miscellaneous\Disclosure of Ownership Form-2-1- Page 1 of 1 17.docx City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us State of Wisconsin Department of Workforce Development Disclosure of Ownership Equal Rights Division The statutory authority for the use of this form is prescribed in Sections 66.0903(12)(d), 66.0904(10)(d) and 103.49(7)(d), Wisconsin Statutes. The use of this form is mandatory. The penalty for failing to complete this form is prescribed in Section 103.005(12), Wisconsin Statutes. Personal information you provide may be used for secondary purposes [Privacy Law, s. 15.04(1) (m), Wisconsin Statutes]. (1) On the date a contractor submits a bid to or completes negotiations with a state agency, local governmental unit, or developer, investor or owner on a project subject to Section 66.0903, 66.0904 or 103.49, Wisconsin Statutes, the contractor shall disclose to such state agency, local governmental unit, or developer, investor or owner, the name of any "other construction business," which the contractor, or a shareholder, officer or partner of the contractor, owns or has owned within the preceding three (3) years. (2) The term "other construction business" means any business engaged in the erection, construction, remodeling, repairing, demolition, altering or painting and decorating of buildings, structures or facilities. It also means any business engaged in supplying mineral aggregate, or hauling excavated material or spoil as provided by Sections 66.0903(3), 66.0904(2), 103.49(2) and 103.50(2), Wisconsin Statutes. (3) This form must ONLY be filed, with the state agency project owner, local governmental unit project owner, or developer, investor or owner of a publicly funded private construction project that will be awarding the contract, if both (A) and (B) are met. (A) The contractor, or a shareholder, officer or partner of the contractor: (1) Owns at least a 25% interest in the "other construction business," indicated below, on the date the contractor submits a bid or completes negotiations; or (2) Has owned at least a 25% interest in the "other construction business" at any time within the preceding three (3) years. (B) The Wisconsin Department of Workforce Development (DWD) has determined that the "other construction business" has failed to pay the prevailing wage rate or time and one-half the required hourly basic rate of pay, for hours worked in excess of the prevailing hours of labor, to any employee at any time within the preceding three (3) years. Other Construction Business Business Name Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code I hereby state under penalty of perjury that the information, contained In inis uvaulluafiL, M U uc cmu _�:.L.A r A hnlinf accura�V auwrurn w Illyn"%Jvw Print the Name of Authorized Officer Authorized Officer Signature Date Signed Corporation, Partnership or Sole Proprietorship Name Street Address or P O Box City State Zip Code If you have any questions call (608) 266-6861 ERD-7777 (R. 01/2011) CITY OF OSHKOSH WATER FILT - ON PLANT OZONE SYSTEM PACT W PURCHASE vj� ,,.o 5.3. Unit Price Information: D 5.3.1. Bidder shall complete the Unit Price Information Schedule below and furnishstheosivj, wISCONSIP,: estimated quantity of person -days required to provide Special Services specified in 44 44 56.11, Seller's Special Services, as required to provide Buyer with complete and operational ozone system package. 5.3.2. Bidder shall complete the Unit Price Information Schedule below and furnish a unit price for additional on -site Special Services, including travel costs, to be provided if authorized in writing by the Buyer. The unit price amount shall be used as basis for payment to Seller. Unit Price Information Schedule Total Estimated Bid Unit Estimated No. Description Unit Quantity Price, $/day Price, $ I Special Services performed Person Included in Included in on -site for installation Days lump sum lump sum certification; functional, bid price bid price operational readiness, and performance acceptance testing; and operational availability demonstration, as required per 44 44 56.11, Seller's Special Services. 2 Additional Seller's Special Person 1 $3,570.00 $3,570.00* Services performed on -site Days at WFP upon written request by Buyer, including travel costs. Total f $3,570.00 5.4. Unsolicited Alternate Items to Base Bid Price: 5.4.1. Bidder may elect to offer unsolicited alternate items to the Base Bid Price for Buyer's considerations. All unsolicited alternates shall be nonbinding until Buyer provides confirmation in writing the alternate shall be accepted and incorporated into the Base Bid Price. Circle Add or Deduct 5.4.2. Unsolicited Alternate Item A, Add/Deduct: BID FORM PW\DEN001\691019\0ZONE 0041 63 - 4 SEPTEMBER 6, 2023 ©COPYRIGHT 2023 JACOBS *Value is per day and to be multiplied by total number of additional days. CITY OF OSI KOSI I WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE 5,4.3, Unsolicited Alternate Item B, Add/Deduct: 5,4.4. Unsolicited Alternate Item C, Add/Deduct: 5.4,5, Unsolicited Alternate Item D, Add/Deduct: 6, TIME OF COMPLETION. 6.1, Bidder agrees that furnishing of Goods and Special Services will conform to schedule set forth in Agreement. 6.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. 7. ATTACHMENTS TO THE BID 7,1, The following documents are attached to the completed Bid Form and made a condition of this Bid: 7.1,1. Required Bid security in the form of an electronic Bid Bond on the form required by the City of Oshkosh in the amount equal to 5 percent of the total bid amount. 7.1.2. Unit Price Information Schedule and Unsolicited Alternate Items to Base Bid Price Form. 7.1.3. Bid Form Signature Pages. T I A. Disclosure of Ownership Form. TI.5. Bid Supplement 1, Technical Information for City Contract No. 23-19, Water Filtration Plant Ozone System Package Purchase as described in Section 00 21 14, Instructions to Bidders. 7.1.6. Bid Supplement 2, Qualifications and Financial Information for City Contract No. 23-19 Water Filtration Plant Ozone System Package Purchase, Section 00 21 14, Instructions to Bidders. 8, DEFINED TERMS. 8.1. Terms used in this Bid with initial capital letters have meanings stated in the Instructions to Bidders, General Conditions, and the Supplementary Conditions. PW\DEN001\691019\OZONE BID FORM SEPTEMBER 6, 2023 0041 63 - 5 (OCOPYRIGHT 2023 JACOBS \I OQ co 0 x x LO 00 U d N O. 0 M O c'Q D O U. U M N U N 0) QO I` CO (- O N O N a (p O c V Ow UM U � xx rn t` V d > Q. m p Lo N CO LO :r O. 1L OU M 69 V N 7 c N x "t M d-' N n' IL d) U QWU `- OMco U c G 0c d a O 0 O N *+ O °)c c d— M yC-, O d>> C U) zo �„- m a1 0 7 G d9 + C c N d� d 0)O Gyf O N lOC Ur �0 y� d' N N VrC-•�'D Q) d @-p Q,O C0U RICO•_. O O U co0 2> p O O O F�U� U �U M IL 0 7 •O G) O Ln N o p Ci a a co 0 c mC_4) N N N y O W�0 C9 ~ M O v_u -6 04) w3m o o O x Lm �' O .c (D M M U u LL '0 u 0 d >%M 00. E)S 0 C) U c M ui o) v O �ci C > > w � t7 � 0) ooIt a.. m >-) d ro oo� O U N y U > o 0 0 C: 0 O 0 O = o_ m D O 0 U sz a o (D �C U a'0)oN O 0 cCL loo z O —0 LU 10- o Lo ti Zs C0O U LO a- N -10000L c N 0 d �a r—, CITY OF OSHKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE ii o, INSTRUCTIONS TO BIDDERS SUPPLEMENT 2, ATTACHMENT 1 KOSI , WISCONSm FINANCIAL AND CLAIM INFORMATION 1. GENERAL 1.1. Bidders shall submit the information specified herein as an attachment to the Bid entitled: "Bid Supplement No. 2, Attachment B Qualifications and Financial Information for City Contract No. 23-19 Water Filtration Plant Ozone System Package Purchase", pursuant to Section 66.0901(2), Wisconsin State Statutes, a statement of qualifications of the undersigned to furnish the necessary Goods and Special Services to enter into and complete City of Oshkosh Public Works Contracts. 2, IDENTIFICATION A. Official Firm Name Xylem Water Solutions USA Inc, B. General Telephone 704-504-8872 FAX C. Mailing Address 4828 Parkway Plaza Blvd Suite 200 Charlotte NC (Street) 28217 (City) (State) D. General E-Mail Address chadd.matthewsonLxylem.com E. Number of years in business under present firm name F. Please check (1), (2) or (3): 1 (1) A Corporation or LLC if (2) A Co -Partnership ❑ G. Principal Individuals: (If a Corporation or LLC, answer below) President Patrick Decker Vice Pres. Matthew Pine Secretary Claudia Toussaint Treasurer Sandy Rowland H. If a Corporation or LLC, answer below: PW\DEN001\691019\OZONE SEPTEMBER 6, 2023 (Zip Code) 12 (3) An Individual ❑ (If a Co -Partnership, answer below) Name of Partner Name of Partner (If a Sole Trader, answer below) Name of Sole Trader FINANCIAL AND CLAIM INFORMATION 00 21 14 ATTACHMENT B - 1 CITY OF OSHKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE May 4,201 1 Delaware (1) When. incorporated y (2) In what State I. Contact information for questions regarding this form: Person's Name Telephone E-Mail Address Chadd Matthewson 980-384-6959 FAX chadd.matthewson@xylern.com 3. CONTRACTUAL RESPONSIBILITY Answering "yes" to any of the follolving questions will not automatically disqualify a company from becoming an approved Bidder by the City of Oshkosh. However, failure to answer truthfully may result in disqualification. A. Has your firm or any officer or partner of your firm ever been debarred, suspended, or disapproved by the State of Wisconsin in the past ten (10) years? Yes ❑ No If so, state: Date: Project Owner: Project Owner's Mailing Address: (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): { B. Has your firm or any officer or partner of your firm ever been debarred, suspended, or disapproved by any government entity in the past ten (10) years? Yes ❑ No If so, state: Date: PW\DEN001\691019\OZONE SEPTEMBER 6, 2023 Project Owner: FINANCIAL AND CLAIM INFORMATION 00 21 14 ATTACHMENT B - 2 CITY OF OSHKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE Project Owner's Mailing Address: _ (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): C. Has your firm or any officer or partner of your firm had any type of business, contracting, or trade license, certification, or registration revoked or suspended in the past ten (10) years? Yes ❑ If so, state: Date: Project Owner's Mailing Address: Project Owner: (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): D. Has your firm or any officer or partner of your firm ever committed a violation of federal, state, or local govermment safety or environmental laws as determined by a fine, settlement, administrative order, or final decision of a court or government agency authority in the past ten (10) years? This includes, but is not limited to, any OSHA violations, Yes ❑ No Rf PW\DEN001\691019\OZONE FINANCIAL AND CLAIM INFORMATION SEPTEMBER 6, 2023 00 21 14 ATTACHMENT B - 3 If so, state: Date: CITY OF OSHKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE Project Owner: Project Owner's Mailing Address: (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): E. Does your firm or any officer or partner of your fain have an open or ongoing investigation of a violation of federal, state, or local government safety or environmental laws? This includes, but is not limited to, any OSHA violations. Yes ❑ No Se If so, state: Date: Project Owner: Project Owner's Mailing Address; (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): F. Has your.• firm been a party to a lawsuit related to any contract or work performed by it in the past ten (10) years? Yes e No ❑ PW\DEN001\691019\OZONE FINANCIAL AND CLAIM INFORMATION SEPTEMBER 6, 2023 00 21 14 AT'l.AC.1IMI N"I' B - 4 CITY OF OSHKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE If so, state: Date: Project Owner: Project Owner's Mailing Address: (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): As a publicly traded company, we will not provide this information. G. Has your firm or any officer or partner of your firm ever declared bankruptcy while performing work on a contract awarded to it, or while an officer or partner of another firm in the past ten (10) years? Yes ❑ No ie If so, state: Date: Project Owner: Project Owner's Mailing Address: _ (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, and resolution): H. Has your firm ever defaulted on or failed to complete any contract awarded to it in the past ten (10) years? Yes ❑ No PW\DEN001\691019\OZONE FINANCIAL AND CLAIM INFORMATION SEPTEMBER 6, 2023 00 21 14 ATTACHMENT B - 5 CITY OF OSHKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE If so, state: Date: Project Owner: Project Owner's Mailing Address: (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): I. Has your firm ever been assessed liquidated damages or other penalties for failure to meet the contract requirements for work awarded to it in the past ten (10) years? MENTMAIP11 If so, state: Date: • EN Project Owner: Project Owner's Mailing Address: (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, cause of violation, resolution, and amount of penalties assessed): As a publicly traded company, we will not provide this information. J. Has any officer or partner of your firm ever defaulted or failed to complete a supply contract handled in their own name in the past ten (10) years? Yes n No PW\DEN001\691019\OZONE FINANCIAL AND CLAIM INFORMATION SEPTEMBER 6, 2023 00 21 14 ATTACHMENT B - 6 CITY OF OSI:IKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE If so, state: Date: Project Owner: Name of Officer/Partner: Project Owner's Mailing Address: _ (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): K, Has your firm or any officer or partner of your firm asked to be relieved from a bid submitted by it to a public awarding authority in the past ten (10) years? Yes If so, state: Date: Project Owner's Mailing Address: Project Owner: (At that time or preferably now, if there is a difference) Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): L. Has your firm; any of its owners; a subsidiary or corporate parent; or any officer, director, or partner thereof, been convicted of violating Section 133.03 Wisconsin Statutes (Unlawful Contracts: Conspiracies) in the last ten (10) years? Yes F No if PW\DENOOI\691019\OZONE FINANCIAL AND CLAIM INFORMATION SEPT'EMBER 6, 2023 00 21 14 ATTACHMENT B - 7 CITY OF OSHKOSH WATER FILTRAI,ION PLANT OZONE SYSTEM PACKAGE PURCHASE If so, state: Date: Claimant's Mailing Address: (At that time or preferably now, if there is a difference) Claimant: Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): 4. BONDING RESPONSIBILITY A. Provide the name of your bonding company and your firm's current bonding limit: Name: Dollar Limit: Names and addresses of all bonding companies other than those listed in "A" above which have written bid and security bonds during the last five (5) years: B. Attach a current letter of reference from your principal bank. Include your current line of credit, if you have a line of credit. The submission of only your line of credit documentation is not sufficient. C. Has any bonding company ever taken over a contract or made payments because of your firm's failure to carry out a contract? Yes No Ne PW\DEN001\691019\OZONE I4INANCIAL, AND CLAIM INFORMATION SE- PTEMBER 6, 2023 00 2114 ATTACHMENT B - 8 CITY OF OSHKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE If so, state: Date: Name of Bonding Company: Bonding Company's Mailing Address: Full particulars in each instance: (including type of work, amount of contract, cause of violation, and resolution): S. SELLER'S FINANCIAL STATEMENT A. Attach your firm's latest complete financial report (including Balance Sheet, Income Statement, and Statement of Cash Flows) with the name of the Accountant who prepared it. littps•//www.xylem,com/en-us/investors/financial-information/ B. Are any of your assets assigned? If so, which are assigned? C. For what purpose are they assigned? 6. AFFIDAVIT No STATE OF COUNTY OF M IrdiisLatA being duly sworn, deposes and says that he/she (Name of Officer/Owner) is the Vice f asfU� of Xlyyk (Title) (Name of Firm) and that the answers to the foregoing questions and all statements therein contained are true and correct, and that any owner, bonding company, or other agency herein named is hereby authorized to supply the municipality, City of Oshkosh, with any information deemed necessary to verify this statement. PW\DEN001\691019\OZONE FINANCIAL AND CLAIM INFORMATION SEPTEMBER 6, 2023 00 21 14 ATTAC14MENT B - 9 CITY OF OSHKOSH WATER FILTRATION PLANT OZONE SYSTEM PACKAGE PURCHASE Digitally signed by Joseph Joseph ,McCausland Date: 2023,10.03 19:11:16 McCausland 1 ' 04' (Signature of Officer/Owner) I-Cl. Subscribed and sworn before me this _, day of 64 r , 20 Z5 � ��, �oe Aloaa,'cz— til,1111111// L����'' County State pKARy V 'Z ... My Commission Expires GO; END OF SECTION t(rfiN�Vt;IG ���1 PW\DEN001 \69I019\OZONE SEPTEMBER 6, 2023 FINANCIAL AND CLAIM INFORMATION 00 21 14 ATTACHMENT B - 10 a [em brand h %VORKS City of Oshkosh WFP Ozone System Package Bid Supplement No. 2 Qualifications and Financial Information for City Contract No. 23-19 Water Filtration Plant Ozone System Package Purchase October 13, 2023 Xylem Water Solutions USA, Inc. 4828 Parkway Plaza Blvd., Suite 200 Charlotte, NC 28217 Jason Ellis -Public Works Utilities Operations Manager City of Oshkosh, WI Room 310 of City Hall 215 Church Avenue, Oshkosh, Wisconsin 54901 Project Name: City of Oshkosh WFP Ozone System Package Project Number: 211043 Revision Number: 0 Dear Jason Ellis, October 13, 2023 We are pleased to submit Bid Supplement No 2 for the Oshkosh WFP Ozone System Package based on the RFP developed by Jacobs Engineering Group and per Addendum No.1, 2 & 3. The Xylem-Wedeco PDOevo generators are equipped with Effizon Evo 2G Electrode which provides many benefits to operational efficiency and maintenance. Here are some highlights of the PDOevo: • Lowest Supplemental Nitrogen demand in industry by requiring only 0.07% of the total gas flow. This greatly reduces or eliminates the risk of NOx formation within the generator thus eliminating the need for regular cleaning. • Lowest Power Density in the industry due to the size and quantity of 2G Electrodes which greatly reduces the risk of fouling. The lower power density also allows for higher hydrocarbon in the feed gas at a max 60 ppm which can reduce LOX cost by using a lesser quality LOX than compared to other manufacturers. • TotalCare - WEDECO's established and proven TotalCare Program provides our customers with proactive services all designed to minimize the cost of ownership to operate and maintain a UV system. TotalCare services can provide our customers with system health checks, efficiency audits, training and preventative maintenance contracts (PMA). Please refer to our local representative Rich Hussey of LAI, 847-989-5422 or us if you have any questions. We look forward to working with you on this exciting project. Sincerely, Chadd Matthewson- Central US Territory Manager (980) 384-6959 Xylem, Inc. www,xylem.com/treatment Josiah Wallace Lead Application Engineer a [em brand Table of Contents Bidder Information 2 Installation List -North America 3 Installation References 4 Installation List-Modicon PLC 5 Resumes Xylem, Inc. www.xylem.com/treatment • a xvie m brand * Bidder • Xylem Water Solutions USA, Inc a subsidiary of Xylem Inc. was created on May 4, 2011 formerly part of ITT Industries. Xylem is a leading global water technology company with 2022 revenues of $5.5 billion and approximately 17,800 employees worldwide. We design, manufacture and service highly engineered products and solutions across a wide variety of critical applications, primarily in the water sector, but also in energy. WEDECO a brand of Xylem has been designing and manufacturing ozone systems for over 40 years with thousands of installations globally. We utilize high quality products that make up our subsystems including cooling water, destructs, generators, power supplies, supplemental air, etc. All our core subsystems (excl. LOX) are built and fully factory tested in our facility in Zelienople, PA. Corporation: o Address: ■ Xylem Water Solutions USA, Inc. ■ 4828 Parkway Plaza Blvd Suite 200 ■ Charlotte, NC 28217 o Years of Business: Twelve (12) as Xylem Inc. • Our office/manufacturing facility in Zelienople, PA will be where all the engineering and project management will reside. Our post -installation service center is our facility in Zelienople, PA. We have a dedicated Aftermarket Territory Manager for the Wisconsin region. We also have two inside service technicians and six field service/startup technicians dedicated to ozone. We have 24-hour phone support, and we can utilize a temporary access point such as Ewons for remote support/diagnostics. Also, if a VPN access point is established within the plant PLC, we could access that route. Xylem Standard Terms & Conditions of Sale can be found at the link below. o https•//www xylem com/siteassets/support/terms-and-conditions/terms-and-conditions- of-sale/xylem-americas-general-terms-and-conditions-of-saIe.pdf The following are clarifications to the Terms & Conditions provided within the RFP. o Seller makes no implied warranties including those of merchantability or fitness for any particular purpose. o Section 44 44 56.11-A.1.g: we understand this to imply that replacement of the specific item is to take place and not the entire subassembly or entire ozone system as supplied. For example, the failure of an actuator more than three times would result in replacement of just the actuator and an extension of the warranty on that item only. Xylem, Inc. www.xylem.com/treatment a xV[em brand kV-,TJ `r 00 52 63 - Agreement o Section 5.4 — Add new 5.4.3 Irrespective of the foregoing, liquidated damages will not be assessed against Seller unless Seller's late delivery adversely impacts Buyer's overall Project critical path schedule. Payment of liquidated damages shall be Seller's sole liability and Buyers exclusive remedy for late delivery. In no event shall the aggregate total of all liquidated damages exceed fifteen (15%) of the Agreement price. o Section 10.6.1 — Replace with the following:: Buyer and Seller waive against each other, and against the other's officers, directors, members, partners, employees, agents, consultants, and subcontractors, any and all claims for entitlement to incidental, indirect, or consequential damages arising out of, resulting from or related to this Agreement. The parties further agree that the total liability of each party to the other for claims, costs, losses and damages arising from this Agreement shall be limited to the amount established in the Agreement as the Contract price. Upon assignment the terms of this Paragraph 9.02 shall be binding upon the assignee with respect to Seller and assignor. The terms of this mutual waiver do not apply to or limit any claim by either Buyer or Seller against the other based on any of the following: (a) costs, losses, or damages attributable to bodily injury, sickness, disease, or death to any persons; (b) damage or destruction to tangible property of others; or (c) intentional or reckless wrongful conduct. EJCDC P-700 o 14.04 — Replace with the following: The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation; right, and remedy to which they apply; however, to the extent the Agreement provides a remedy for a given default, it is the sole and exclusive remedy available in lieu of any/all other remedies available at law, in equity, or otherwise. Xylem, Inc. www.xylem.com/treatment 0 • 0 a xviem brand Xylem, Inc. www.xylem.com/treatment vOi Wlo�-� 8 ci,a:,64 �A 0 0 iz 3 Q. 0: 0 0, 0:F w o. W, u 0 ':0. 0... -�l, 0 a. 0 Z� 0 Ow o ol�lu d'rn t A 'o, 0 -, .: J. �0:: 30�1= C, Er 0i •< 2, P cc 10 Y -0: > ale 0 o 0 00 Q�o 0 3 O 3 O: cc o o 0. E m o iz: =j6 v) w cL 2 2 o t o o 0 -S E P Zo 2 -u A .�o 0�0 oloo C) o o o w, z 0 Q,010 0: ci c 10 siaz 0, El O.E� El o > 0 -4L, oiwo�-i 0 0, 1. 0 0 N. 0 oz 0 pti 0; 0 0 �l w �10 0 o o 33 . E 0 010 0, OZ 0 0 o 0 z 0 U t 0 M%. N, tO:t�l�ry:pry: noon �n;n Ly' 0 L1p. O ry y O m` O Y; O: 0 i! o .' q`> N O L 0 W Cfl� r. ��N a O:Vp1 O1 p: GI 'jO W C : i o 0: 0 O_ C. Id, oi$ 0;0 ON Oo ', 3�;3,3�3w 3 �_° v o � sL` u LL:.a 0 m m. m Vu O. o"OIL O O d'. tl7 D;d'in d 2 m 0 0 j!. �. 0 0 v: p o 0 0 G' 00 °0. soo _"�go333"33' u LL o°. m Name Location S stem Contact 'Name Phone No: Collins Park WTP Toledo, ON PDOevo 1000 Spencer Boyer 419-266-0488 Regional WTP Grand Forks, ND SMOevo 860 Erin Nelson 218-791-1483 Anderson WTP Anderson, SC PDOevo 900 Scott Willett 864-844-5739 North Bay Regional WTP Fairfield, CA SMOevo 810 Jason Smith 707-249-7739 R.B. Simms WTP S artanbur , SC PDOevo 900 Bryan Bates 864-580-5691 Xylem, Inc. www.xylem.com/treatment l ! w Name Location System Contact Name Phone No* Price River WTP Price, UT SMOevo 510 Brent Richardson 435-609-6361 'Project utilized Modicon PLC architecture in PSU and MOCR Wedeco programmed the PSU PLC's/HMI's however programming & integration of the MOCP was handled by owners I&C Xylem, Inc. www.xyln0.00m8reatment fflv�• • • The following project management and engineering team would be assigned to Oshkosh, Wi. • Andrew Riley - Senior Project Engineer • Shane Smith - Electrical & Controls Engineering Manager • Chris Godfrey - Electrical & Controls Engineer • Derek Sherman- Senior Electromechanical Technician • Eric Morgan - Electromechanical Technician • Andre Hartmann - Electrical Designer • Stephen Seeley - Project Manager • Anthony Williams - Manager of Engineering, Treatment North America Region Xylem, Inc. www.xylem.com/treatment f • r xylem t°s Sotye At! Andrew Riley EXPERIENCE XYLEM INC., Freedom, PA 2017 - Present Project Engineer H Review order documents to ensure that all customer technical requirements are met. Prepare equipment submittals and test plans, provide support during the manufacturing, shop testing, installation and commissioning phases of an ozone treatment system. Assist with proposal specification review and preparation. List of Projects Facility Name and Location El —No. of Units x Ozone Capacity Rinconada WTP, Los Gatos, CA (3) x E1,760 PPD (798 kg/d) Mel Leong WWTP, San Francisco, CA (2) x 268 PPD (121 kg/d) North Andover WTP, North Andover, MA (2) x 150 PPD (68 kg/d) North Bay Regional WTP, Fairfield, CA (2) x 670 PPD (304 kg/d) MITSUBISHI ELECTRIC POWER PRODUCTS, Pittsburgh, PA 2004 - 2017 Project Engineer H Carry out Project Management duties including all necessary communications with the Engineer and coordinating all design, manufacture, and assembly to meet contractual milestones. Integrate, and coordinate the multiple components and systems which comprise an ozone water treatment system. Review order documents in order to ensure that all customer technical requirements are met. Prepare equipment test plans and coordinate testing services, provide support during the manufacturing, shop testing, installation and commissioning phases of an ozone treatment cvstem List of Projects FFacEilityENiame and Location No. of Units x Ozone Capacity y of Wnfield, Kansas (2) x 150 PPD (68 kg/d) City of Charleston, Illinois (2) x 100 PPD (45.45 kg/d) City of Alma, Arkansas (2) x 150 PPD (68 kg/d) City of Marion, Kansas (2) x 50 PPD (22.72 kg/d) xytem Lots Solve Water List of Projects City of Bonham, Texas (2) x 150 PPD (68 kg/d) Mattapoisett River Valley, MA (2) x 40 PPD (18.18 kg/d) City of Windsor, MO (1) x 50 PPD (22.72 kg/d) Remediation project Nome, Alaska (under non disclosure agreement) (1) x 50 PPD (22.72 kg/d) City of Wayland, MA (2) x 50 PPD (22.72 kg/d) Bay Bulls Big Pond WTP, St. John's, Canada (2) x 330 PPD (150 kg/d) Ville de Gatineau, Aylmer WTP, Quebec, Canada (1) x 27.27 PPD (60 kg/d) City of Toronto, FJ Horgan WTP, Toronto, Canada (2) x 1925 PPD (875 kg/d) MCAS Cherry Point, NC (2) x 300 PPD (136,36 kg/d) City of Springfield, MO (2) x 2150 PPD (977.27 kg/d) Seminole County, Florida, Southeast Region (3) x 610 PPD (1342 kg/d) Seminole County, Florida Country Club WTP (3) x 185 PPD (407 kg/d) Hap Cremean WTP, Columbus, OH (3) x 2,400 PPD (1088 kg/d) Lake Oswego, OR (2) x 400 PPD (181 kg/d) JEA Greenland WTP, Jacksonville, FL (2) x 570 PPD (258 kg/d) xylem Let's l_Utve Enter Xylem Water Solutions USA, Inc. 108 Tomlinson Drive, Suite 400, Zelienople, PA 16063 Shane Smith — Electrical & Controls Engineering Manager Bachelor of Science Degree in Electrical Engineering EXPERIENCE XYLEM INC., Zelienople, PA Electrical & Controls Engineering Manager 2021 - Present Support Engineers and Designers in electrical & control designs for water treatment plant ozone disinfection systems. Assist in Sales and bid reviews with Ozone Disinfection Systems. Assign projects and update project schedules pertaining to the design, development, and startup of the electrical & controls portion of a project. Develop internal departmental SOPS and training needs to meet the requirements of the Engineers and Designers as well as future new hires. Work in conjunction with the Startup group to support any ongoing site UO testing, programming, and system setup. Perform annual performance review for Electrical Engineers and Designers. Assist in development of standard process, programming practices, and electrical designs to minimize cost during various phases of each project. Coordinate work with the Sales Application Engineer / Project Manager to manage site activity to meet dead -lines and customer expectations List of Projects Facility Name and Location No. of Units x Ozone Capacity Per Unit St. Cloud WTP, St. Cloud, MN (2) x 880 PPD R.B. Simms WTP, Spartanburg, SC (2) x 900 PPD Dallas Water Utilities — Eastside, Dallas, TX (4) x 4000 PPD Dundee State Fish Hatchery, Electra, TX (1) x 156 PPD Pure Water Soquel, Santa Cruz, CA (2) x 235 PPD xytem Lot's SoWe W ter Drummondville WTP, Drummondville, QC, (1) x 382 PPD Canada Ballona Creek Water Quality Improvement, (2) x 445 PPD Culver City, CA Sepulveda Channel Water Quality Improvement, (2) X 96 PPD Los Angeles, CA Altoona Water Authority, Altoona, PA Tipton site — (2) x 100 PPD Plane 9 site — (2) x 100 PPD Mill Run Site — (2) x 100 PPD Bellwood Site - (2) x 100 PPD North City Pure Water Facility, San Diego, CA (3) x 2481 PPD MR Systems Application PLC Engineer 2021 - 2021 Control systems design, programming, testing, implementation, startup, and service for both water and wastewater system. Design and test electrical enclosures to meet the customers' needs and specifications. Performed witnessed factory tests (WFAT) and site acceptance tests (SAT) where the engineer, contractor, and end user were present. Develop submittals including field instrumentation, I/O test sheets, loop diagrams, schematic, functional control narratives and network architecture diagrams. Revere Control Systems Project Engineer 2011 - 2021 Control systems design, programming, testing, implementation, startup, and service for both water and wastewater system. Design and test electrical enclosures to meet the customers' needs and specifications. Performed many witnessed factory tests (WFAT) and site acceptance tests (SAT) where the engineer, contractor, and end user were present. Develop submittals including field instrumentation, I/O test sheets, loop diagrams, schematic, functional control narratives and network architecture diagrams. Assist service technicians with startups of instrumentation including pressure, level, flow, and analytical transmitters. 2 xytem Let's Solve 4 t Assist Sales and Estimators with Specification and Contract drawings reviews to ensure a complete and detailed estimate on cost and time has been allocated during the bid stage. Design and test wireless system for remote telemetry. Startup and Programming of variable frequency drives including AB, ABB, and Schneider Electric. Mentor younger Project Engineers on the internal procedures and standards used in the development of a project. Xylem (Wedeco) Startup and Commissioning Manager 2004 — 2011 Minimize startup time on both UV and Ozone projects with proper procedures, schedules, and the ability to maintain continuity with Startup Technicians and Engineers on site. Support the Start-up and Commissioning Technicians & Engineers daily and help resolve any issues that prohibit them from meeting goals / deadlines. Work in conjunction with Project Engineering and Project Management to improve the start- up and commissioning protocols and documentation with proper reporting to meet the customer's schedule and needs. Assist Sales Application Engineers with Specification reviews to ensure a thorough and detailed look at the specification to ensure cost and time are allocated properly during the bid stage. Assign projects and update the Project Engineering schedule pertaining to the start-up and commissioning activities and participate in the weekly Project Schedule meetings to give feedback to Project Management on their specific jobs. Provide both technical and site support for complex performance tests in both Ozone and UV applications. Develop internal departmental SOPS and training needs to meet the requirements of the Start- up and commissioning Technicians & Engineers as well as future new hires. Factory Engineering Test Manager Supported Test Engineers & Technicians daily and help resolve any issues that prohibited them from meeting goals / deadlines. Developed and implemented training programs to meet requirements of current Test Engineer & Technician as well as future new hires. Managed department payroll time, budgets, and schedules to maintain on time customer service. Interacted with both Project Engineering and Sales to design, develop, and implement better design and sales tools. Implemented proper test procedures and protocols to ensure equipment is properly tested within the factory to minimize problems in the field during the startup phase. Q xylem Lit., Solve Senior Electrical and Controls Engineer Designed ozone and ultraviolet water treatment systems for several municipal and industrial applications including drinking water facilities throughout Canada, ballast water treatment systems for BP oil tankers, fish hatcheries, and aquariums. Designed the electrical and controls for system for the worlds largest NO(x) reduction system using ozone through a Wet Gas Scrubber for a BP refinery. Interfaced with plant SCADA systems using Ethernet and Modbus Plus communications. Developed Process Instrumentation Diagrams, loop diagrams, and control philosophies for several different municipal drinking water and industrial facilities. Interacted with sales department to review bid proposal and customer specifications. Supported production floor on the build of the ozone and ultraviolet equipment. Preformed several customer witness tests and site startups. List of Projects Facility Name and Location No. of Units x Ozone Capacity Per Unit Georgia Aquarium, Atlanta, Georgia (2) x 100 PPD (2) x 10 PPD (3) x 7 PPD Lake Pleasant WTP, Peoria, AZ (2) x 1100 PPD ValleyField, Quebec (2) x 200 PPD RIEVR, Quebec (2) x 300 PPD Valdosta WTP, Valdosta, GA (1) x 500 PPD Lake City WTP, Lake City, FL (3) x 900 PPD Prince William Sound, Valdez, AK (2) x 300 PPD Belco, Texas City, TX (3) x 4,925 PPD Southeast WTP, Lawton, OK (2) x 220 PPD DE Benton WTP, Raleigh, NC (2) x 700 PPD DuPont Morses Mill, Linden, NJ (2) x 1000 PPD Gilbert WTP, Gilbert, AZ (2) x 1500 PPD Waco WTP, Waco, TX (3) x 1000 PPD 4 xytem Lut'=,C����.c 1+�fr F �> titer Wichita Halia Avd Oxidation Sys, Wichita, KS (2) x 2115 PPD Charles — J — Des Baillet WTP, Montreal, CA (1) x 3000 PPD Little Cottonwood WTP, Little Cottonwood, UT (2) x 3750 PPD Albuquerque WTP, Albuquerque, NM (3) x 1200 PPD xylem Lets Solve Water Xylem Inc. 124 Commerce Dr. Freedom, PA 15042 Derek Sherman Electromechanical Technician Derek holds an Associate's Degree in Electrical and Mechanical Technology from the Community College of the Air Force, in addition to having been a licensed journeyman electrician through IBEW Local #64, Boardman Ohio. He has been with Xylem, Inc. (North American Ozone Team) since September 2017. His duties include startup/commissioning services, preventative maintenance, and on -call repairs. Prior to joining Xylem, Derek belonged to the Mitsubishi Electric Power Products Ozone Systems Division for 9 years. Prior to that he was a machinery maintenance worker at Hodge Foundry in Greenville, PA, responsible for maintenance and repair of all of the foundry equipment. He also worked as a maintenance worker for Fresh Mark, Inc., Salem, OH, performing maintenance and repairs on automated food processing equipment. Derek has experience with quality control through his employment at Winkle Electric, Hubbard, OH as a Quality Control Inspector for electrical and pneumatic control panels. He is also retired from the U.S. Air Force after 29 years of service in the Electrical and Power Production career fields. Employment Xylem Inc. September 2017 to present (Xylem acquisition) Mitsubishi Electric Power Products, Inc., September 2008 to September 2017 Electromechanical Technician: Responsible for the assembly, testing, and commissioning of MEPPI ozone generator systems. Also performs periodic preventative maintenance and on call repairs. List of Projects Facility Name and Location No. of Units x Ozone Capacity City of Windsor, MO (1) X 50 PPD (22.72 kg/d) Remediation project Nome, Alaska (under non -disclosure agreement) (1) x 50 PPD (22.72 kg/d) City of Wayland, MA 2 x 50 PPD 22.72 k /d Bay Bulls Big Pond WTP, St. John's, Canada 2 x 330 PPD 150 k /d Ville de Gatineau, Aylmer WTP, Quebec, Canada (1) x 27.27 PPD (60 kg/d) City of Toronto, FJ Horgan WTP, Toronto, Canada (2) x 1925 PPD (875 kg/d) MCAS Cherry Point, NC (2) x 300 PPD (136.36 kg/d) xylem Lots Solve Water City of Springfield, MO (2) x 2150 PPD (977.27 kg/d) Seminole County, Florida, Southeast Region (3) x 610 PPD (1342 kg/d) Seminole County, Florida Country Club WTP (3) x 185 PPD (407 kg/d) Lithia WTP (3) x 1,700 PPD Lake Oswego, OR (2) x 400 PPD JEA Main St, Jacksonville, FL (1) x 570 PPD JEA Greenland, Jacksonville, FL (2) Northwest WTP, Ft Worth, Texas (2) Hodge Foundry, April 2008 to September 2008 Maintenance Worker: Maintaining and troubleshooting all foundry equipment including induction furnaces, sand mixers, compressor and generator systems, and power/lighting systems. Fresh Mark Inc., June 2007 to April 2008 Maintenance Worker: Maintaining and troubleshooting food processing equipment including conveyors, high-speed slicers, stacking systems, vacuum packing systems, and various other process equipment. Winkle Electric, September 2006 to May 2007 Quality Control Inspector. Inspecting electrical and pneumatic control panels for adherence to customer specification, documenting discrepancies and tracking corrective actions. Air Force Reserve, August 1989 to April 2019 Senior Master Sergeant: Superintendent of the Electrical Shop; trained in operation and maintenance of motors, motor controls, power generation equipment, power distribution equipment and battery backup systems. xylem Let's Solve Wnter Xylem Inc. Eric Morgan Electromechanical Technician Eric has extensive experience as a Service Technician. He has worked for Xylem since June 2022 for the North American Ozone Team; his duties include startup/commissioning services. Prior to his employment at Xylem, Eric was a Service Technician for Ozonia, responsible for startup/commissioning services, preventative maintenance, and on -call repairs. He organized the testing area for this facility, in addition to executing test plans and procedures. Ozone Employment History Xylem Inc. June 2021 to present (Xylem acquisition) Electromechanical Technician: Responsible for the testing, and commissioning of Wedeco ozone generator systems. Ozonia, 2010 to December 2016 Service Technician: Responsible for the testing, and commissioning of Ozonia ozone generator systems List of Projects Facility Name and Location No. of Units x Ozone Capacity Fargo water, ND (2) x 1000+ PPD Sebago Lake, ME (2) x 1000+ PPD Danvers, MA (2) x 1000+ PPD Monroe, MI (2) x 1000+ PPD Kingsbury, NV (4) x 500+ PPD Concepcion, Chile (4) x 100 PPD Omaha, NE (1) x 500 PPD Bloomington, IL (1) x 500+ PPD xylem Lefts Salve Water Xylem Inc. 124 Commerce Dr. Freedom, PA 15042 Ken Dusold Electromechanical Technician Ken has extensive military training as an Electronics Technician and Nuclear Reactor Operator/Instructor for the U.S. Navy. He has worked for Mitsubishi Electric Power Products Inc.(MEPPI) since December 2011 in the Ozone Systems Division; his duties include startup/commissioning services, preventative maintenance, and on -call repairs. Prior to his employment at MEPPI, Ken was a Principal Electronics Engineering Technician for Bacharach, Inc., responsible for testing functions in the New Product Development Group. He created and organized the testing lab for this facility, in addition to writing test plans and procedures. Ken has design experience through his employment at AGR International, working with industrial inspection machinery used by the bottling/container industry. His employment at Medrad, Inc., gave him experience with PLC programming, technician training as an instructor and maintenance/repair of complex medical equipment. Employment Xylem Inc. September 2017 to present (Xylem acquisition) Mitsubishi Electric Power Products, Inc., December 2011 to September 2015 Electromechanical Technician: Responsible for the assembly, testing, and commissioning of MEPPI ozone generator systems. Also performs periodic preventative maintenance and on call repairs. List of Projects Facility Name and Location No. of Units x Ozone Capacity City of Toronto, FJ Horgan WTP, Toronto, Canada (2) x 1925 PPD (875 kg/d) MCAS Cherry Point, NC (2) x 300 PPD (136.36 kg/d) City of Springfield, MO (2) x 2150 PPD (977.27 kg/d) Seminole County, Florida, Southeast Region (3) x 610 PPD (1342 kg/d) Seminole County, Florida Country Club WTP (3) x 185 PPD (407 kg/d) Lithia WTP (3) x 1,700 PPD Lake Oswego, OR (2) x 400 PPF Central Lake, IL (2) x 575 PPD JEA Main St, Jacksonville, FL (1) x 570 PPD xylem Let's Solve Water JEA Greenland, Jacksonville, FL (2) Northwest WTP, Ft Worth, Texas (2) Bacharach Inc., 2010 to December 2011 Principal Electronics Engineering Technician: Responsible for testing functions in the New Product Development Lab. Created procedures and test plans, prepared analysis reports; active safety committee member. AG International, 2006 to 2010 Associate Electrical Engineer: Working in the Development and Engineering group on industrial inspection equipment. Experience with process control and design, led and participated in documentation and design reviews. Medrad Inc., 1996 to 2006 Senior Electronics Engineering Technician: Responsible for maintenance, replacement, and redesign of complex medical equipment. Participated in design reviews and performed investigation of design failures, conducted training for junior technicians. U.S. Navy, 1985 to 1995 Electronics Technician: Nuclear Reactor Operator/Instructor with extensive training in nuclear power plant operations, experience with troubleshooting and repair of generators, air compressors and other mechanical/electrical equipment. xylem t< e l'` SvMv Wat,cr Project Manager: Stephen Seeley Experience: • Mitsubishi Electric Power Products Inc. Ozone Systems Division (OSD): May 2013 — September 2017 • Xylem Inc.: September 2017 - Current Projects: ■ Dublin Road Water Treatment Plant — Columbus, Ohio 0 3 generators x 1,350 PPD o Kokosing Construction Company 886 McKinley Ave., Columbus, Ohio 43081 (614) 212-2700 Gary Bruegge ■ Jacksonville Electric Authority (JEA) Main Street Plant — Jacksonville, Florida 0 2 generators x 570 PPD o Sawcross, Inc. 10970 New Berlin Rd., Jacksonville, Florida 32226 (904) 751-7500 Travis Tilton ■ La Prairie Waste Water Treatment Plant — La Prairie, Quebec 0 2 generators x 744 PPD o Filtrum Construction 430 des Enterpreneurs St. Quebec City, QC G1 M 1 B3 (418) 687-0628 Jean-luc Maltais ■ Central Lake County Joint Action Water Agency Water Treatment Plant (CLCJAWA) — Lake Bluff, Illinois 0 2 generators x 575 PPD o J. J. Henderson & Son, Inc. 4288 Old Grand Ave., Gurnee, Illinois 60031 (847) 244-3222 Rick Johnson ■ Lake Oswego Tigard Water Treatment Plant — Lake Oswego, Oregon 0 2 generators x 400 PPD o Slayden Constructors, Inc. 500 Willamette Ave., Stayton Oregon 97383 (503) 769-1969 Ryan Imel ■ Grand Forks Regional Water Treatment Plant — Grand Forks, North Dakota 0 2 generators x 500 PPD o Ulliman Schutte Const, LLC 9111 Springboro Pike, Miamisburg, Ohio 45342 (937) 910-9900 Dave MacMannis ■ Rinconada Water Treatment Plant Reliability Improvement Project — Santa Clara Valley, California 0 3 generators x 1,760 PPD o Balfour Beatty Inc. 1484 Pollard Rd #173 Los Gatos, California 95032 (707) 427-8900 Mary Lozano ■ Del Valle Water Treatment Plant — Livermore, California 0 3 generators x 1,500 PPD o Overaa Construction 200 Parr Blvd, Richmond, California 94801 (510) 234-0926 Mario Lozano ■ Mel Leong Water Treatment Plant / San Francisco International Airport — San Francisco, California 0 2 generators x 286 PPD o Walsh Construction 1390 Willow Pass Rd, Ste 950 Concord California 94520 (415) 716-4826 Ryan Hayes xylem Lut'�j 5estv Watir ■ Town of North Andover Water Treatment Plant Ozone System Improvements — North Andover, Massachusetts 0 2 generators X 150 PPD o Kinsmen Corporation 35 Londonberry Turnpike, Hooksett, NH 03106 (603) 625-9199 Gene Connor Collins Park Water Treatment Plant Ozone Treatment Facilities — Toledo, OH 0 3 generators 1,200 PPD o Shook Construction 6860 W. Snowvi Ile Rd, Ste 100 Brecksville, OH 44141 (440) 838-5400 Randall Beck 4 xylem Let's Solve Water Xylem Water Solutions USA, Inc 108 Tomlinson Drive, Suite 400, Zelienople, PA 16063 Anthony L. Williams — Manager of Engineering, NAR EXPERIENCE WEDECO a xylem brand Xylem Inc. — Wedeco, Zelienople, PA 2017 — Present Manager of Engineering, North America Region (2021—Present) Plans, organizes, and directs engineering activities related to project fulfillment, customer satisfaction, and financial performance of treatment for both domestic and international markets. Leads team of mechanical engineers, electrical engineers, software engineers, process engineers and designer staff for technical -based support of new bids and sales opportunities, planning and execution of project portfolio, and assisting with new product development and continual improvement initiatives. Engineering Manager/Site Lead (2017-2021) — Manage and oversee site operations for Xylem-Wedeco North America Ozone Team. Responsibilities - direct supervision of sub departments (Project Management, Quality Assurance, EH&S Production, Inventory Control, Procurement, Engineering, and Startup/Commissioning), job cost reviews with Finance & Accounting, forecasting, margin analysis, resource planning, departmental budgets, and technical sales support for bids, spec reviews, scope of supply and cost rationalization. MITSUBISHI ELECTRIC POWER PRODUCTS INC. — Warrendale PA 2014 — 2017 Section Manager, Engineering & Operations (2015-2017)— Direct and manage all engineering related activities associated with Mitsubishi's Ozone Systems Division, including assignment of resources, overseeing departmental budgets, supporting sales and service departments, reviewing project specifications, drawings, and conducting design reviews. Sr. Systems Engineer (2014-2015)— Lead engineer responsible for the design and integration of Ozone Systems equipment used in the treatment of water and wastewater applications, including reviewing project specifications, performing system design calculations, pipe sizing, P&IDs, equipment selection, mechanical equipment list, instrument list, valve list, and I/O list. Project List Facility Name, Location No. of Units, Design Capacity La Prairie WWTP, Quebec Canada (2) x 744 PPD Central Lake County 1AWA, (2) x 575 PPD Dublin Road WTP, Columbus OH (3) x 1,350 PPD JEA Greenland WTP, Jacksonville, FL (2) x 570 PPD UNDERGROUND SOLUTIONS, INC. — Cranberry Twp., PA 2006 — 2014 Provider of infrastructure technologies for water and sewer applications using patented technologies & registered products, that when combined with a patented fusion process, produces a monolithic, fully restrained, gasket free, leak free piping system. International Licensee Manager— Manage all communications and provide technical support for product licensees in New Zeeland, Canada, Australia, and Latin America Sr. Product/Project Manager — Internal/External technical product support for Fusible PVC'"' products - Project Execution & Management for DuralinerTM, a patented, close -fit pipeline renewal system that creates a stand-alone, pressure -rated structural liner. Sr. Applications Engineer— Responsibilities: Generating proposals, technical sales support, and technical product submittals SIEMENS WATER TECHNOLOGIES CORPORATE — Warrendale, PA (Formerly US Filter) 2006 A division of Siemens, comprised of the formerly known USFilter, Inc., specializing in water treatment utilizing integrated technologies. WEDECO xylem a xytefri brand Let's Solve Water Xylem Water Solutions USA, Inc 108 Tomlinson Drive, Suite 400, Zelienople, PA 16063 Business Process Analyst— Responsibilities: Working with a highly trained technical team responsible for the migration from legacy business systems (i.e., JD Edwards, Profit Key, Syteline, etc) to an SAP R/3 Platform. USFILTER, INDUSTRIAL WASTEWATER SYSTEMS — Warrendale, PA 1992 —2006 A company specializing in providing engineered solutions for the treatment of Industrial wastewater using integrated systems & solutions. Project Manager — Lead a team of project engineers and mechanical designers in the supply of wastewater treatment equipment for Industrial markets. Quality Assurance Manager — Responsibilities - development, implementation, and enforcement of a Quality Assurance System. Operations Manager- Standard Products Group/Project Manager— Manager of a multi -disciplined team of direct reports consisting of mechanical, electrical & chemical engineers, and mechanical designers. Aftermarket Sales Engineer — Provided technical support to the Aftermarket Sales Group, and customized engineering solutions for new and legacy systems. Project Engineer— Engineered wastewater equipment/systems supplied to Industrial & Municipal markets. Estimator— Created and implemented standard processes for estimating water & wastewater treatment equipment supplied to both municipal and industrial markets Microsoft Office software platforms. Associate Project Engineer— Engineered wastewater treatment equipment supplied in the municipal market. MILITARY 1984 —1992 United States Naval Reserves, NRC — Perth Amboy, N1 Electronics Technician — Assigned to USS Perry Alt (FFG-107) Electronics Department. Maintenance Prevention & Damage Control Instructor United States Navy - San Diego, CA Weapons System Supervisor — Specialized in maintaining readiness status of Target Acquisition Radar and Harpoon/Sea Sparrow missile systems. Performed Daily Satisfactory Operator Tests (DSOT) on all electronic combat systems equipment. Decorated Member - Security Alert Force, Top Secret Clearance holder EDUCATION B.S. Mechanical Engineering, Manufacturing Concentration, University of Pittsburgh - Pittsburgh, PA Brick Computer Science Institute — Advanced AutoCAD Training — Brick, NJ Technical Diploma - A.C.E. Architectural & Electro-Mechanical Design Institute — Raritan, NJ