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HomeMy Public PortalAboutC-21-007 - Trane U.S. Inc., Design-Built Agreement to address Air Filtration and HVAC at City Hall and at the Community CenterDESIGN-BUILD AGREEMENT By and Between CITY OF CARSON and TRANE U.S. INC. Bond No. K40238967 PERFORMANCE BOND We, Trane U.S. Inc., a Delaware corporation, as Principal, and Federal Insurance Company as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson ("City") for payment of the penal sun of Five Million Five Hundred Fifty Seven Thousand Four Hundred Twenty Five Dollars ($5,557,425.00) (the "Penal Sum"). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein (the "Agreement"), for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. In the Agreement, Principal provided City a warranty that the completed work will be of good quality and free from any defective or faulty material and workmanship for a period of one (1) year following City's acceptance of the work and in accordance therewith, is required to fulfill the terms of the warranty, by repairing, replacing or removing the defect or defective parts or workmanship, at Principal's sole cost and expense. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the obligations under the Agreement, on Principal's part to be kept and performed at the time and in the manner specified in the Agreement, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. Surety's obligation under this Bond shall arise after: 1. The City first provides notice to the Principal and the Surety that the City is considering declaring a Principal Default under the Agreement. Such notice shall indicate whether the City is requesting a conference among the City, the Principal and Surety to discuss the Principal's performance. If the City does not request a conference, the Surety may, within five (5) business days after receipt of the City's notice, request such conference. If the Surety timely requests a conference, the City shall attend. Unless the City otherwise specifies, any conference requested hereunder shall be held within ten (10) business days of the Surety's receipt of the City's notice. If the City, the Principal and the Surety agree, the Principal shall be allowed a reasonable time to perform under the Agreement, but such an agreement shall not waive the City's right, if any, subsequently to declare a Principal Default; 2. The City declares a Principal Default, terminates the Agreement and notifies the Surety; and 3. The City agrees to pay the balance of the Contract Sum apportioned for the work secured by this Bond in accordance with the terms of the Agreement to the Surety or to a contractor selected to perform the Agreement. When the City has satisfied the conditions above, the Surety shall promptly and at Surety's expense take one of the following actions: 01007.0006:693365.1 1. Arrange for the Principal, with the consent of the City, to perform and complete the Agreement; or 2. Undertake to perform and complete the Agreement itself through its agents or independent contractors. Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice as set forth above, Surety will promptly on demand deposit with City such amount as may reasonably be required for completing all of Principal's obligations, which amounts shall not exceed the Penal Sum of this Bond. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety. Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof; provided, however, that the Surety's responsibility to the City shall not be greater than the Principals' under the Agreement, the Surety shall not be liable to the City or others for obligations of the Principal that are unrelated to the Agreement and the Surety's liability under this Bond shall be limited to the Penal Sum of this Bond. In the event this bond has been furnished to comply with statutory or other legal requirements in the location where the construction is to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or legal requirements shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as statutory bond and not a common law bond. 01007.0006/693365.1 Executed this 8th day of Feb. ,2021 . Sea] of Corporation TraneU.S Inc. By: Scott Smillie Authori ed epresentative of Principal Title: Assistant Secretary (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES) Any claims under this bond may be addressed to: (check one) Surety's agent for service of process in California: Marsh USA, Inc. Name 633 W. 5th Street, STE 1400 Street Number Los Angeles, CA 90071 M Federal Insurance Company [name of surety company] 202B Halls Mill Road Street Number Whitehouse Station, NJ 08889 City and State 212-835-3119 City and State Telephone Number 213-346-5351 Telephone Number By: (� Attorney in Fact or other D -Ann Kleidosty, Attorney -in -Fact Representative (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE) Furnish the name, address and phone number of the company agent as well as the surety company. Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement. 01007.0006:693365.1 Bond No. K40238967 PAYMENT BOND We, Trane U.S. Inc., a Delaware corporation, as Principal, and Federal Insurance Company , as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson ("City") and those for whose benefit this bond insures to pay for labor, materials and equipment furnished for use in the performance of the Agreement (as hereinafter defined) in the sum of Five Million Five Hundred Fifty Seven Thousand Four Hundred Twenty Five Dollars ($5,557,425.00) (the "Penal Sum"). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein (the "Agreement"), for completion of public works for the property(ies) referenced in said agreement. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the Agreement for materials furnished or for labor thereon of any kind, fails to pay amounts due under the Unemployment Insurance Code with respect to such work or labor, or fails to pay amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors under Section 13020 of the Unemployment Insurance Code with respect to the work and labor, then, subject to the terms of this Payment Bond, Surety shall pay the same in an amount not exceeding the Penal Sum of this Bond and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court. This Bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety. The Surety's obligation to the City under this Bond shall arise after the City has notified the Principal and the Surety (at the address set forth herein) of claims, demands, liens or suits against the City or the City's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Agreement and tendered the defense of such claims, demands, liens or suits to the Principal and the Surety. When the City has satisfied this condition, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the City against a duly tendered claim, demand, lien or suit. Amounts owed by the City to the Principal under the Agreement shall be used for the performance of the Agreement and to satisfy claims, if any, under any bond issued by the Principal. By the Principal furnishing and the City accepting this Bond, they agree that all funds earned by the Principal in the performance of the Agreement are dedicated to satisfy the obligations of the Principal and the Surety under this Bond. The Surety shall not be liable to the City, any claimant of the City or others for obligations of the Principal that are unrelated to the Agreement. The City shall not be liable for payment of any costs or expenses of any claimant under this Bond and shall have under this Bond no obligation to make payment to, or give notice on behalf of, claimants or otherwise have any obligations to claimants under this Bond. Any provision of this Bond conflicting with the statutory and other legal requirements in the location where the construction under the Agreement is to be performed shall be deemed to be deleted herefrom and provision conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not a common law bond. The obligation of the Surety with respect to any claimant shall arise under this Bond only after the following: 1. Such claimant shall have furnished a written notice of non-payment in accordance with Sections 9560 and 9562 of the California Civil Code and all sections referenced therein stating with substantial accuracy the amount claimed and the name of the party to whom materials were, or equipment was, furnished or supplied or for whom labor was done or performed; and 2. Claimant shall have sent a claim to the Surety at the address written herein. No suit or action shall be commenced by a claimant under this Bond other than in a court of competent jurisdiction in the State of California and no later than as provided for in Section 9558 of the Civil Code. Surety agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof. Executed this 8th day of Feb. , 2021 Seal of Corporation Trane U.S. Inc. By: k Scott Smillie Authorize jpresentative of Principal Title: Assistant Secretary (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES) Any claims under this bond may be addressed to: (check one) Surety's agent for service of process in California: (X) Federal Insurance Company [name of surety] Marsh USA, Inc. 2026 Halls Mill Road Name Street Number 633 W. 5th Street, STE 1400 Whitehouse Station, NJ 08889 Street Number City and State Los Angeles, CA 90071 212-835-3119 City and State Telephone Number 213-346-5351 Telephone Number � � lr.r- By: Attorney in Fact or other Representative D -Ann Kleidosty, Attorney -in -Fact (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE) Furnish the name, address and phone number of the company agent as well as the surety company. Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement. CALIFORNIA ALL- PURPOSE CERTMCATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of, Wisconsin County of La Crosse On 2-8-2021 before me, Jake Whitewater , Notary Public (Here insert name a Geo e- o cer personally appeared Scott Smillie who proved to me on the basis of satisfactory evidence to be the person* whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/fir authorized capacity(ies-), and that by his/heFAhesignatures) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the the foregoing paragraph is true and correct. WITNESS my hand and official seal. ary Public Signature (Notary Public Seal) Commission Expires: / d is that S �P. �r•• �'t �fI,I Z JACBBfER z N�WHIT�A �_ Off+ W� Vp ADDITIONAL ®P'1'➢ON►4L INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document Acknowledgments from other states may be completed for documents being seat to that state so long as the wording does not require the California notary to violate California notary lair. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued t must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER ■ Indicate the correct singular or plural forms by crossing off incorrect forms (ie he/sheJt#ey- is /on ) or circling the correct forms. Failure to correctly indicate this D Individual (s) information may lead to rejection of document recording. ® Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a ?rifle) sufficient area permits, otherwise complete a different acknowledgment form. • Partner(s) o Signature of the notary public must match the signature on file with the office of the county clerk Q Attorney -in -Fact ev Additional information is not required but could help to ensure this Ij Trustee(s) acknowledgment is not misused or attached to a different document. r,. Indicate title or type of attached document, number of pages and date Other Indicate tate capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary) cors 800-873 9365 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of, Georgia County of Fulton } On 2-8-2021 before me, Maria Concepcion , Notary Public ere Insert name and fift of the officer) personally appeared D -Ann Kleidosty who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the 1a��r�d1i tlhbrtSte of California that the foregoing paragraph is true and correct. 's`` GONCEpic WITNESS my hand and official seal. e> ® \G J C m WU 0, L2C' s T O Notary Public Signa ure (Notary 6% ��. ;;� �My Commission Expires: August 23, 2021 - ,C� ADDITIONAL OPTIONAL INFORMATION n4 -S TRUCTIbN$,F0A COMPLETING THIS FORM This farm compliels ivitheuitent California statures regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary lmv. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for aclmowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed a The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/Owy;- is /ere ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. 0 Attorney -in -Fact •'r Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 0 Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the utle (i.e. CEO, CFO, Secretary). 2015 Version www NotaryClasses corn 800-873-9865 • Securely attach this document to the signed document with a staple. CHUBS 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 100 day of March, 2020. 1kiwn Xl Chkacn..>�avJm>ttirccu} STATE OF NEW JERSEY County of Hunterdon ss. .4" 4X_', Stcphrn %I I isms) 1 ice Prc.Hltin On this 10s 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 herselfand 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 KATHERINE J. ADELAAR OTARy NOTARY PUBLIC OF NEW JERSEY r•� No 2318585 PUBLIC Commission Expires July 16. 2024 Norary PrAllt Fg 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 followbtgauthorizations relate to the execution, for and on behalf of the Company, ofbumb% undertaldni;% recognizmces, contracts and other written commitments of cite Coinpany entered into in the ordinary course of business (each a -Written Commitment'): (1) 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 attomey-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 behalfofthe 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 may be 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 speciffcation may be by general type or class of Written Commitments or by specification ofone or more particular Written Commitments. (5) The signature ofany officer or other person executing any Written Commitment or appointmem or delegation pursuant to this Resolution, and the seal of the Company, may he affixed by facsimile on such Written Commitment or written appointment or delegation FURTHER RESOLVED, that the forrroing Resolution shall not he deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to as for and on behalfof the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested. - 1, 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 (f) 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 ofsaid Companies at Whitehouse Station, NJ, this (0 a i;. (► 0 Ikty n %I Chhxn;..\chant SdTct:tty' 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 a-maf): surety@chubbcom Combined FED-VIG-PI-WFIC-AAIC (rev 11-19) DocuSign Envelope ID: CCF7D358-9B25-47C6-8B4C-6EAB7BF6431E FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31, 2019 (in thousands) Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2019, investments with a carrying value of $508,749.121 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duty 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 ais a true statement of the said Company's financial condition as of the 31 st day of December, 2019. Dotu§)WVg fore me this. LD2ac1re . Vice resident L <i� Zk)-Z-3 Notary Public My corn ' ion expires rCom-monwealth Pennsylvania - Notary Seal Diane Wright, Notary Public Philadelphia County commission expires August 8, 2023 Commission number 1235745 t,lember, PennsylveniaAesociation of Notaries LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (429.780) Outstanding Losses and Loss Expenses $ 6,823,691 United States Government, State Reinsurance Payable on Losses and Expenses 1,433,250 and Municipal Bonds 4,559,706 Unearned Premiums 2,014,727 Other Bonds 5,314,219 Ceded Reinsurance Premiums Payable 353,115 Stocks 32,735 Other Liabilities 849,544 Other Invested Assets 1,029,733 TOTAL INVESTMENTS 10,506,613 TOTAL LIABILITIES 11,474,327 Investments in Affiliates: Capital Stock 20,980 Great Northern Ins Co 395,442 Paid -In Surplus 2,711,474 Vigilant Ins. Co. 341,290 Unassigned Funds 1,306,881 Chubb Indemnity Ins. Co. 178,808 Chubb National Ins. Co. 181,053 SURPLUS TO POLICYHOLDERS 4,039,335 Other Affiliates 97,150 Premiums Receivable 1,511,096 Other Assets 2,302.210 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15,513,662 SURPLUS $15,513,662 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2019, investments with a carrying value of $508,749.121 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duty 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 ais a true statement of the said Company's financial condition as of the 31 st day of December, 2019. Dotu§)WVg fore me this. LD2ac1re . Vice resident L <i� Zk)-Z-3 Notary Public My corn ' ion expires rCom-monwealth Pennsylvania - Notary Seal Diane Wright, Notary Public Philadelphia County commission expires August 8, 2023 Commission number 1235745 t,lember, PennsylveniaAesociation of Notaries