Energy Services Performance Bond Document A312TM — 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond Bond Number: K41685906
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place of business)
Federal Insurance Company
Schneider Electric Buildings Americas, Inc.
202B Halls Mill Road
1650 West Crosby Road Whitehouse Station,NJ 08889-3454
Carrollton, TX 75006 State of Inc: Indiana
This document has important legal
consequences. Consultation
OWNER: with an attorney is encouraged
(Name, legal status and address) with respect to its completion or
City of Salina,Kansas modification.
300 West Ash Street
Salina,KS 67402 Any singular reference to
Contractor, Surety,Owner or
CONSTRUCTION CONTRACT other party shall be considered
plural where applicable.
Date: November 15,2023
Amount: .$7,717,649.00
Description: (Name and location)
Energy Services Contract-Building Automation,Mechanical and Electrical Upgrades,
Lighting Upgrades,Abatement,Building Envelope
BOND
Date: January 19,2024
(Not earlier than Construction Contract Date)
Amount: $7,717,649.00
Modifications to this Bond: None ✓ See Section 16
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1N UTOR AS PRINCIPAL SURETY
o �al7 : (Corporate ea i) Company: (Corporate Seul)
. co j�$c� E1 - =. •• gs ' • s, Inc. Fe I Insurance Company
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Signature: Signature: #" t
HP� '' Name • Mvl if* NameD-Ann Kleidosty,Attorney-in-Fact , .
And Title: IVY And Title: •j•
(Any additional signatures appear on the last page of this Performance Bond) ♦ $
/ •.
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Marsh (Architect, Engineer or other party:
Marsh USA LLC
445 South Street
Morristown,NJ 07960
973-401-5000
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§ 1 The Contractor and Surety,jointly and severally, bind themselves,their heirs,executors,administrators, successors
• and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the
Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a
conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a
conference. If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees
otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of
the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree,the
Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement
shall not waive the Owner's right, if any, subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to
comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the
extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a
result of the Contractor Default;or
§ 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable
after the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be
in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding
that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to
the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied
liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the
Owner.
§ 7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
• be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner
to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated
obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,
executors,administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration of
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first. 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 be applicable.
§ 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not
as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have been made. including allowance to the Contractor of any
amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which
the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the
Construction Contract.
§ 14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover
page,including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or
otherwise to comply with a material term of the Construction Contract.
§ 14.4 Owner Default.Failure of the Owner, which has not been remedied or waived,to pay the Contractor
as required under the Construction Contract or to perform and complete or comply with the other material terms
of the Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and
Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:
Notwithstanding any provision to the contrary contained in this bond or the bonded contract,this bond guarantees only the performance of the
. installation portion of the contract,and shall not be construed to guarantee the performance of(i)any efficiency or energy savings guarantees,
(ii)any support or maintenance service agreement,or(iii)any other guarantees or warranties with terms beyond one(1)year in duration from
the completion of the installation portion of the contract.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
Document A312TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond Bond Number: K41685906
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place of business)
Schneider Electric Buildings Americas,Inc. Federal Insurance Company
1650 West Crosby Road 202B Halls Mill Road
Carrollton,TX 75006 Whitehouse Station,NJ 08889-3454
State of Inc: Indiana
This document has important legal
consequences.Consultation with
OWNER: an attorney is encouraged with
(Name, legal status and address) respect to its completion or
City of Salina,Kansas modification.
300 West Ash Street
Salina,KS 67402 Any singular reference to
Contractor,Surety,Owner or
CONSTRUCTION CONTRACT other party shall be considered
Date: November 15,2023 plural where applicable.
Amount: $7,717,649.00
Description: (Name and location)
Energy Services Contract-Building Automation,Mechanical and Electrical Upgrades,
Lighting Upgrades,Abatement,Building Envelope
BOND
Date: January 19,2024
(Not earlier than Construction Contract Date)
nt: $7,717,649.00
�~" i•Ft 4'
••y 4� tions to this Bond: None 4./ See Section 18
rn3 cil
1 to LID C
F.TRACTOR AS PRINCIPAL SURETY
• piny: (Corporate Sec/) Company: (Corporate Seal) •t r ....,
it
f Schneider Elec ' :tut dings ' ericas, Inc. Fede nsurance Company € :, ,/ -,`
Signature: -- Signature: — `�-' fi• -- _,,. ��s
Name 1
,, , i\Mti e Name D-Ann Kleidosty,Attorney-in-Fact
And Title. i And Title: '.J ✓ it `.
(Any additional sign tures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Marsh USA LLC
445 South Street (Architect,Engineer or other party:)
Morristown,NJ 07960
973-401-5000
40,3
I •I
§ 1 The Contractor and Surety,jointly and severally,bind themselves, their heirs,executors,administrators, successors
• and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims, demands,liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim,demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was,furnished or
supplied or for whom the labor was done or performed, within ninety(90)days after having last performed
labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety(at
the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute
a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for
which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under
Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant
incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by
the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any,under any construction performance bond. By the Contractor
furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this bond, subject to
the Owner's priority to use the funds for the completion of the work.
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to,or give notice on behalf
• of,Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or(2) on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. 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 be applicable.
§ 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not
as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished
for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the
performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the
Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date
of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to Furnish labor,materials or equipment for use in the performance of the Construction Contract.The
term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable
mechanic's lien or similar statute against the real property upon which the Project is located.The intent of the Bond
shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,
light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract,architectural and
engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and
all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or
equipment were furnished.
§ 16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
§ 16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
Notwithstanding any provision to the contrary contained in this bond or the bonded contract,this bond guarantees only the
performance of the installation portion of the contract,and shall not be construed to guarantee the performance of(i)any efficiency
or energy savings guarantees,(ii)any support or maintenance service agreement,or(iii)any other guarantees or warranties with
terms beyond one(1)year in duration from the completion of the installation portion of the contract.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
CHUBB'
Power of Attorney
Federal Insurance Company I 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. WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the
Commonwealth of Pennsylvania,do each hereby constitute and appoint
D-Ann Kleidosty
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any
instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof. said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 106 day of March,2020.
Iktvn\I.Chkmx.A.yctant Secretary titcphcn\I.Hance.X'ice Prctident
ffili)) ire 1. scr s P
STATE OF NEW JERSEY
County of Hunterdon ss.
On this 10'" day of March,2020 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 FIRE 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 INSURANCE COMPANY and ACE AMERICAN INSURANCE 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 duly affixed and subscribed by like authority.
Notarial Seal 4O� KATHERINE J.ADEIAAR
(�• N��A+r g NOTARY PUBLIC OF NEW JERSEY
'/ m No.2318685 ,
,PUBLIC+ Commission Epees July 16,2024 / ''101 Public
')YJE8St
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009:
`RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company
entered into in the ordinary course of business(each a"Written Commitment"):
(I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the
seal of the Company or otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the 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-in-fact.
(3) Each of the Chairman.the President and the Vice Presidents of the Company is hereby authorized for and on behalf of the Company.to appoint in writing any person the attorney-
in-fact of the Company with full power and authority to execute,for and on behalf of the Company.under the seal of the Company or otherwise,such Written Commitments of the
Company as may be specified in such written appointment,which specification maybe by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(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 in 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 of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,maybe affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers.employees and other persons to act for and on behalf of
the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.'
L 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,
(ii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station,NJ,this January 19,2024
n �a"`�°�/� {\,XtJIJ tom)�1' l,i'�-AJW�
� %iv� . Rtvm\I.Chltrtst Assistant Sccretar}°
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT:
Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com
Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19)
• •
S
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 Term Investments $ 123,147 Outstanding Losses and Loss Expenses $ 9 263.034
United States Government State Reinsurance Payable on Losses and Expenses 1.723.796
and Municipal Bonds 3 769.695 Unearned Premiums 2 632.590
Other Bonds 5 964.508 Ceded Reinsurance Premiums Payable 380.182
Stocks 245,498 Other Liabilities 471,528
Other Invested Assets 1,979,194
TOTAL INVESTMENTS 12,082,042 TOTAL LIABILITIES 14,471,130
Investments in Affiliates Capital Stock 20 980
Great Northern Ins Co 422,405 Paid-In Surplus 2.711,474
Vigilant Ins.Co 361,723 Unassigned Funds 1,545,403
Chubb Indemnity Ins Co 185,044
Chubb National Ins Co 194,379 SURPLUS TO POLICYHOLDERS 4.277,857
Other Affiliates 124,046
Premiums Receivable 1,859,933
Other Assets 3,519,415
TOTAL LIABILITIES AND
TOTAL ADMITTED ASSETS $ 18,748,987 SURPLUS S 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$512,747,632 were deposited with government authorities as required by law
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John Taylor being duly sworn,says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge
and belief the foregoing is as true and correct statement of the said Company's financial condition as of the 31 st day of December 2022
Sworn before me s MKr I(� 1013
enter Vi•= 'resident
drrotary'ubli� y commission expi es
Commonwealth of Pennsylvania-Notary Seal
Jaime L.Yates,Notary Public
Philadelphia County
My-commission expires September 19,2023
Commission number 1357070
Member,Pennsylvania Association of Notaries