PERFORMANCE BOND AND PAYMENT BONDw
w
CHUBS .GROUP GE INSURANCE COMrANIES
Surety Department, 15 Mountain View Road, P.Q. Box 1515, Warren, NJ 07061-1615
0HU9313 Phone4 (008) 803-3485 • Facsimile; (906) 903-3656
FEDERAL INSURANCE COMPANY
PERFORMANCE BOND
Bond No. 82160998 Amount $ 2, 445, 000.00
Know All -Men By These Presents,
That we., Honeywell International Inc.
101 Columbia Road
Morristown; NJ 07962
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey; a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surety), as'Surety, •are held and-firmly bound unto
City of Clearwater
112 South Osceola Avenue
Clearwater,.FL. 337561 (herelnafter called the Obligee),
in the sum of
Two Million Four Hundred Forty Five Thousand and NO/100 Dollars
($ 2,445,000.00 ),for the payment of which we, the said Principal and said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 25th day Of November, 2008
WHEREAS, the Principal entered.into a cetlain Contract wish the Obligee, dated November .17,. 2008
for
'City of Clearwater Energy Retrofit Performance Contract, Lighting and Mechanical
Retrofits, Clearwater FL Job-#979-18502
In accordance with the terms-and conditions'of said Contract, which is hereby referred to-arid mad9 a part hereof as
if, fully set forth herein. F?
NOW THEREFORE; THE CONDITIQN OF THIS OBLIGATION'14 SUCH, that if the abovd bounden' Prinelpal'shalt
well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth
and specified td be by said Principal kept; done and performed, at the times- and -In the manner in said Contract
specified, or shall pay over, make good and reimburse to the above named obilbee, all loss and damage which said
Obligee may sustain by reason offailurb;or. default bn the pall of-sald Principal so to do; then this obligation shall be
null and void; otherwise shall remain in full-force and effect, subject however,.to.the following. conditions;
y
4 '
Form 15.02-mal (FIav.11-Bg) - (Over)
A
r
Any suit under this bond must be insfituted before the expiratlon of two (2) years from the date on which final
payment under the Contract falls due. . .
No r.Idht of action shall 'accrue orr He band to or for the use bf•any person or porporation other than the Obligee
named herein or the heirs, executors, adrrlinistrators or".successors of the Obligee.
pROvID13D, iaowEVER, Thattf i bond is subjcotto the foilawingcanditions:
1. For the purposes of this bond, pUfarmanoe under said Contract only includes the installation phase of said Contract, as defined
under Attachment C -The InstelIstian Schedule, and the one (1) year warranty period, as dcCned under Section 2.4.1 of said Contract
This bond does not include coverage for any other performance, including, but not limited to, the Support Services Agreement
section(s) of the Contract (Attachment D) and the Energy Guarantee section(s) of the Contract (Attachment F). To the extent
language inthis bond oonflicts with language in the Contract with respect to coverage, it is understood that the bond language Will
pre-WL. The Obligee acknowledges and accepts this restriction through its signature atthe bottom of this bond form and expressly
waives any right to make a olaim against this band fbr any war=ty related issue.
As the bottom of the form an Obligee Acceptance section is required (see below):
THE ABOVE TERMS AND CONDITIONS OF THIS BOND 14AVE BEEN REVrBWED AND ACC 7= BY THE OBLIGEE.
ACKNOWLEDGED AND ACCEPTED BY OHLIGRE:
PRU-TMD NAMP.J I1TLE: w i 11 -1 am R nme T I
DATE. City Manager.
PLEASE RETURN A COPY OF ACCE, PTE D BOND TO:
or rH?+?
Chubb dt San a division of Federal Insurance Camp ?
Surety Department a,.
4 Penn Center
16003FKBlvd.
V
"Philadelphia, PA 19103 .
TTEST:
?AT
?Y y', ationa Inc. _
C t ia. E. Goud au, City Clerk pdn
Counte ned:
Thomas F. Larkins, Vice President
FEUE L INS IR E COMPANY ,
auk V Hibbs ayor .
Approve 6y:,
Katthe J: R e e Attorn -Fact
Camilo A. Soto
Assistant City Attorney
V
C6-• UBB GROUP OF INSURANCE COMPANIES
Surety Department, 15 Mountain View Road, P,O, box 1615, Warren, NJ 07061.1615
C:;HL.JE3EB Phone: (908) 903-3485 * Facsimile: (908) 903-3658
FEDERAL INSURANCE COMPANY
PAYMENT BOND
Bond No, 82160998 Amount$ 2,445,000.00
Know ,A-11 Men By-These Presents,
Thatw% Honeywell International Inc,;
101 Columbia Road
Morristown, NJ 07962 '
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756 (hereinafter called the Obligee),
in the penal sum of Two Million Four Hundred Forty Five Thousand and NO/100 Dollars
($ 2,445,000.00 for the payment of which we, the said Principal and the said Sufety, bind ourselves,
our heirs, executbrs, administrators; successors ano assigns, jointly and 'severally, firmly byytness presents.
WHEREAS,-the Principal'antered into a certain Contract with the Obligee, dated : November 17, 2008
for
City of Clearwater Energy Retrofit Performance Contract, Lighting and Mechanical Retrofits,
Clearwater FL Job #979-18502
in accordance with the terms and conditions of said Contract, which Is hereby referred to and made a part hereof as
if fully set forth harein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATI ION IS SUCH, that If the Principal shall pay all lawful
claims of sub-cordractors, materlgimen; or laborars for labor perfohried or mate rials-furnlshad directly .to the Princl-
pal, In the perPormance• of said Contract, we agreeing that this bond shall be for the benefit of any sub-contractor,
materlalmar or laborer having a just claim, then this obligation shall be veld,, otherwise to remain in full force and
effect, subject, howevertd the following condition:
No suit or action shall be commenced hereunder by any claimant:
a) After the•expiration -of one (1) year following the date on which Principal ceased work on said Contract, it
being understood, however, Shat if, any llmitat16n embodied In this bond is prohibited by any law controlling the
construction. hereof such timition shall be deemed to be amended so as to be equal to tha'm(nimum period of
limitation permitted by such law.
4M 15-02.0008 (Rev. 11-99)
(aver) •
4
b) Other than In a state court of competent jurisdiction In and For the county or other political subdlvlsion of the
state In which the Project, or any part thereof, Is situated, or In the United' States District Court for the district in
vwhlch the Project, or any part thereof, Is situated, and not elsewhere.
PROVIDED, HOWEVER, That this bond is subject to the followiug conditions:
1. For the purposes of this bond, performaneo under said Contract only includes the installation phase of said Contract as defmod
under Attachment C - The Installation Schedule, and the one (1) year warranty period, as dciiued under Section 2.4.1 of said Contract.
This bond does not include coverage for any other perfnrmanne, fncluding, butnot limited to, iho Support Services Agreement
section(s) of the Contract (Attachment D) and the Energy aarantee section(s) of the Contract (Attachment F). To the extent
language in this bond conflicts with language in the Contract withrespeotto coverage, it is understood thntthe bond language will
preValL, The Obligee acknowledges and eccepta tills restriction tbroughiis signature at the bottom of this bond form and exprusly
wafves any riglit to make a claim againstthis bond for any warranty related issue.
At the bottom of Die foam en Obligee Aoaeptancc section is required (see below):
THE ABOVE TERMS AND CONDMONS OF'n-M BOND HAVE BEEN REVIEWED AND ACCEPTED BY TIM ORLIGFE.
ACKNOWLEDGED AND ACCEPTED BY OBLIGEE:
BY,
PRDMDNA1vR TCIE: William B. Horne IT
DATE: City Manager
?LEASE RETURN A COPY OF ACCEPTED BOND TO:
Chubb & Cons dhisioa of Federal Durance Company
Surety Department
4 Penn Cen:er
1600 S xBIV&
Pbliadelpbia, PA 19103
Counter i
V.
proved E
6ur rye
Sealed with our seals and dated this 25th
'TEST: F
Cy this E.
, r
ryyp ? R ..?DI
day-of November, 2008
ell I tional Inc.
Arincl
ouaeau, City Cler V . pvsr----r
B
Thomas F. Larkins, Vice President
d:
F ?1=Fi INSURA COMPANY
b alA ayor' Sy ,
K.tttvv J. Rosen torney-I - t
CaTie->ar-.--S o t o
Assistant City Attorney
GhU1?b POWER Federal Insurance Campany . Attn: Surety Department
QP Vigilant rhsurance, Go' mpaDy 1E' Mountain View Road
SUraty, ATTORNEY PtIal id xrldemnity Gampan-V Warren, tad 07069
K,_rlaw All by These Presents That FEDEAA. INGURMCE OQMPANY, an Indlana oarrpporailon, v1QIWIT IOURANL?5
jCOMPMY a N&W York corpora ion, and PA,C[Vjc IKD5_iVMTY COMPANY, a WISODnSln cor oration, do each hereby constitute and
appoint 6 vld C, Rosariberg, Harry c. Rosenberg, Matt ew J, RoWnberg, Sherri L. Neney, David A. Johnson, Chrlsflne,
t4, Dunn, Kimberly G. Tomtnaesello and Julia R. Burnet oftla Cynwyd, Pannsylvanla - --- -- --- -- -------
aa?h ea thalr true and lawful Alinmay- In- Fant to axaclits undar such dealgrladon In thalr names and to affN thslr corporate saals to and da(iverfdr and on their behatf as surety
thereon or otharwfas, bonds and Linda 'Vakings and other writings obligatory In the nature thereof (olhsr than ball bonds) given or aXaouisd In the course of business, and any
InsttUMBnla amending or altering the same, and consants to the modlflcallon or altarallon a( any Instrument referred to In said bonds or obligations.
In Wttnaaa Whar9of, Bald FFI)EI? INSt1RANcE GoMPA.NY, VICxIt 4tr INsuRANcP COMPANY, and PACIF13 INDEMNITY COMPANY have aeoh elrroutad and attested
iftese presents and Mixed their oorporato seals on He 30th day of November, 2004
prla C.Wanda,}sals tBecre
STATE OF NEW JERSEY
56,
County of Somerset
y
Sml , ca Presto
on this 30th day of November, 2D04 before ms, a N? Qy PuhUo o(Naw Jersey, personally carna Kenneth C. W ands(, In me
kwvm to be Assistant Sacralary of FECEFA_ INSURANCE COMPANY, VIQIL NT INSURANCE DOMPAW, and PACIFIC INDEMNTY COMPANY, the oomparlles which
executed the foregoing Power of Atinmey, and the said lCennath C- Wendel, being by me duly sworn, did dsposa and say that he Is Assistant Secrahry of FE]EHAL
INSURANCE COMPANY, VIGILAhfr INSURANCE COMPANY, and PACIFIb INDEMNITY COMPANY and knows the, corporata aeals thereof, that the seals affixed in the
foregoing Power of Af`iamW are such corporate seals and wars (herata afflkad by suthodby of the Sy- Laws, of said Companies; and that he signed said Power of AtinmBy as
Asslatant Bacretaiy of said Companies by like authorinr, and that hs• Is soquahntsd Vii John P. Smlth, and knows him In be Vice Pmsldent of Bald Companlas; and That the
elgnalum of John P. Smllh, subscribed to said Power of Atromey Is In the ga7uhs handwriting of John P. SmRh, and was thersto subscribed by authority ofsald By- Laws and In
deponent's praaence, -
Notapal Baal
KATHERm K. LEXCHER
NOTARY PUBLIC OF NEW JERSEY ?,C17,??1)' ? Na. 2316dfl5
Commission Expires July B, 2009 No?ry Public
J CERTIFIGAT ION
Extract Imm the By- laws of FEDERAL. INSURA,NGE COMPANY, VIG11 M INSURANCE COMP ANY, and pACIF1C 1NDEIVINUTY COMPANY*
'All powsra ?f atbo iey for-and on bettatt of the company may and shall. be axsouted in ilia name and an behalf of the company, either by the Chairman ?rtee
President or a Vice President or an Assistant Vice President; )ohiy, wlih the Secretary or an Assistant Beorelgry, under their respective desfgnsbons_ Ttrrx
slgnaarre of such utilcn,s may Le engraved, prntad or Illhographad. Tha signature of mach of the fullawing officer-- Gholtman, Prrecldent, any \Arm P Rr iderrt any
Assistant Vice President, any Secretary, any Assistant Bacrelary and the seal of the Company'may be ahored by facAm11a to any power of attomay or to eny
aerHoatp relating theratn appointing A afstant ascre(ades or Atlamsys- In- Fact for purposes only Rf E;aecufing and attesting bonds and undertaldnga and other
writings obligatory In the nature thereof, and any such powaf of attomey or ceriifloala hearing such fscsimile signahirs or faaslmle seal shall be valid and binding
upan the Cornpany end any such poWar so axacutad and oarilfiad by such facs(mfla elgnatura and t0tSlmlle seal shall be valid and binding upon the Company
with respect to any bond orundattaWng to which It Is attaohed.'
1, Kenneth C, 4Jandal, Assistant Secretary of FEDERAL IN5URANCECOMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNFTY COMPANY
(the 'Companies°) do hereby certify that
(1) the foregoing extract o(tha By- Laws of the Companies Is true and aorre4 `.
07 the Companlas are duly Ilcansad and authod-nd m transact surety business In alt 613 of the Unltarl states of America and Ilia District of Columbia and am
authorized by the U.S. Trsasuy Department; further, Federal and Vlgllantara licansad in Puerto Rico and the U,B. Virgin Islands, and Fadaral Is Ilcansed In
Amarioan Samoa, lkiatn, and aaah of tha ProVlnoas of Canada axpapt Prime Edward Island; and
oil) the fnraooing Power of Ahnmay Is true, correct and In full foroa and affect
Given under my hand and seals of acid Companies. at Warren, NJ this 25th day of November-, 2008
caa'?v flF ?:'
K nnetlt C, Wend , Aeslatant Saoratary
IN THE EV>=NT You WISH TO NOTIFY US OF A OLA1M, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY aTHF-r
MATTER, PLEASE CONTACT US AT ADDREBB LJSTEp ABOVE, OR SY Telaphone (008) 903-34a Fax (606) Boa-13866
B, all: sure ahubb.QOm
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31, 2007
(n thousands of dollars)
ASSETS
Cash and Short Term Investments ............. $ 268,650
United States Government, State and
Municipal Bonds ........................................ 11,760,927
Other Bonds ................................................ 3,748,134
Stocks .......................................................... 1,228,819
Other Invested Assets ................................. 1,813,473
TOTAL INVESTMENTS ............................. 18,820,003
LIABILITIES
AND
SURPLUS TO POLICYHOLDERS
Outstanding Losses and Loss Expenses.... $
Unearned Premiums ......................................
Reinsurance Premiums Payable ...............
Provision for Reinsurance ............................
Other Liabilities ..........................................--
TOTAL LIABILITIES .................
16,793,878
Investments in Affiliates:
Chubb Investment Holdings, Inc .................. 2,488,838 Capital Stock.................................................... 20,980
Pacific Indemnity Company ............................. 1,842,863 Paid - In Surplus............................................. 3,106,790
Chubb Insurance Investment Holdings Ltd...: 886,556 Unassigned Funds .......................................... 9,749,409
Executive Risk Indemnity Inc ......................... 820,609
CC Canada Holdings Ltd ............................... 567,070
Great Northern Insurance Company ............. 374,275 SURPLUS TO POLICYHOLDERS.......... 12,877,179
Chubb European Investment Holdings SLP.. 304,522
Chubb Insurance Company of Australia ....... 178,307
Vigilant Insurance Company .......................... 150,317
Other Alfiliates ............................................... 257,152
Premiums Receivable ..................................... 1,552,350
Other Assets ........................................................ . 1.428.195
TOTAL ADMITTED ASSETS ................ $ 29,671,057
TOTAL LIABILITIES AND SURPLUS
TO POLICYHOLDERS ............................ $ 29,671,057
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
Investments valued at $478,269,830 are deposited with government authorities as required by law.
11,665,892
3,576,372
388,475
152,814
1,010,325
Cn.,.,'j7-1n.nnT; (Ftev_ 4-081