Sky Technology Solutions, Inc. Faithful Performance Bond CIP19-16 24252328Executed in three (3) original counter parts
Performance Bond
Conforms with the American Institute of Architecrs. AIA Document Al l2 - 19g4.Any singular reference to conractor, surety, owner or other party shall be considered plural where applicablc
24252328
oWNER (Name and Address)
City of Menifee
29844 Haun Road
Menifee, CA 92586
CONSTRUCTION CONTRACT
Date : October 21, 2021
Amouqt:$52,010.27
Description (Name and r,ocation): clP 19-'16: LAZY CREEK RECREATIoN CENTER IMPRoVEMENTS pRoJEcr
(CABLING IMPROVEMENTS)
BOND
Date (Not earlier than Comtuction CoDtractDate): Oclobet 22,2021
Amount: $52,010.27
CIONTRACTOR (Name and Address)
Sky Technology Solutions, lnc.
1'1102 Rainisr Ct.
Garden Grove, CA 92841
Modifications to this Bond:
CONTRACTOR AS PRINCIPAI
Company: Sky Technology Solutions, lnc
'11'102 Rainier Ct.
Garden Grove. CA 92841
(Corporate Seal)
Signaturel
Name aDd Title:Nathan rogram Manager
SURETY (Name and Principal Place ofBusiness)
The Ohio Casualty lnsurance Company
62 Maple Avanue
Ksene, NH 03431
I None
SURETY
Company: The Ohio Casualty lnsurance
Company
! See Page 2
Signature;
Name and Title:Thanh Xuan Thi Nguyen, Aiiornav-in-fact
OWNER'S RIPRESENTATIVE (Architect, Engineer or other
panv):
perform the Constuction Contract, but such an agreement shsll nol
wsive the Owtrels right, if aay, subsequeotly to declare ,
ConFactor Default; and
3.2 The Owner has declared a Conhsctor Default and formally
terminsted thr Contrscl,orJs right to complete lhe conEact. Such
Coutractor Dcfault shall Dot be declared earlier than twetrty days
after th€ ConEacl,or and the Surety have received notice as provided
in Subparograph 3.1; end
3,3 lhe O*ncr has agrced to pay the Bslance of thr Contract Pric€
to lhe Surety itr accordatrce with tbc teffEs of tbe Constsuction
Contnct or to a confactor sele{ted to perform the Construction
Contract in sccordance with the teams of the contrnct with the
Ofircr.
4 When the Owncr has sstisfied tbe conditions of Paragraph l, the
Surety shall promptly aDd st tbe Sl,Iety's exp€nse tske one of the
following actions:
SURETY 5026 (6-92)
LMSj 72€0 @/10
Page 1 ol2
(Any additional signatures appear on page 2.)
(FOR INFORMATION ONLY - Name, Address and TelephoDe)
AGENT or BROKER: Premier Surety & lnsurance Services, LLC
16027 Brookhurst St. Suite 1421
Fountain Valley, CA 92708
I Tte Contractor and the Surety, jointly and sevemlly, bind themselves,
thcir heirs, executoB, adminishato$, successors snd assigns to the Owoer for
the performance of the ConstuctioD Contract, which is incorporsted herein by
refercnce,
2 Ifthe Connactor performs the ConsEuction Con$act, ihe Surety and the
Contractor sball heve no obligation uDder this Bond, except to p&nicipate in
cooferences as provided in Subparagraph 3.1.
3 lfthere is no Owner Default, the Surety's obligation under this Bond
shull arise aflcri
3.1 Thc Owncr has notified the Cont'actor and the Surety at its address
described in Paragraph l0 below that the Owner is considering declaring
a Contmctor Default and has requested and attempted to srratrge a
confercnce with the CoDtractor and the Surety to be held not later than
fifteen days after receipt of such notice to discuss methods ofp€rforming
the Construction Contract. lf tbe Owner, the Conhactor and th. Sur€ty
agree, the Contractor shall be allowed a ressonsble time to
4.1 Arrange for the Confactor, with consent ofthe Owner, to perform
and complcte the Construction ConEact: or
4.2 Undertslc to perform and complete the CoDstruction Contractitselt lhrough its agents or tfuough independent contractors; or
4.3 Obtain bids or negotiated proposals from qualifiod cont-actors
acreptable to the Owner for a conhact for perfoflname and completionof the Constructio[ Cont !cl, arrange for a contract to be FepaiEd for
execution by the Owner and thc contactor selected with the Owner,s
coDcurence, to b€ securcd with performance aDd payment bonds
executed by a qualified surety equivalent to the bonds jssued on the
Constsuction Contract, and pay to the O{,ner the amount of damages ss
described in Paragraph 6 in excess of thc Balatrce of the Contra.apricc
incurred by the Owner resulting from the Contractorrs defauh: or
4.4 Waive its right to perform and complete, arrange for complerion, or
obtsiD a new contractor snd with reasonable pmmptness under tie
circuDstarces:
, l After investigation, determhe the amourt for which it may be liableto the Owner and, as soon as pmcticable after the amount is
detemincd, tendcr paymert therefor to the Own€r; or
,2 Deny liability in whole or in pan and notiS the Owncr citing
re€sons thefefor.
5 Ifthe Suety does not proceed as provid€d in Paragraph 4 with reasonablepromptness, the Surety shall be deemed to be in default on this Bond fifteen
days aner rcceipt ofan additionsl written notice from the Owner !o th. Surety
dcmaoding that the Sw€ty p€rform its obligations under this Bond, and the
Owncr shall be entitled !o enforce any remcdy available to the O*ner. If the
Surcty pmceeds as provided itr Subparagraph 4.4. aad the Owner refuses thc
paymenl tendered or lJ|e Suety has deded liability, in whole or in part,
without firnher notice the Owner shall bc eDtitled to eDforce any rcmedy
available lo the Owner.
6 After &e Owaer has teminated the Cotrtsactols right ro complete the
Constuction Contract, and if tha Surety elects to act ulder Subparagraph 4.1,
4.2, or 4.3 above, lhen the rosponsibilities of thc SurEty to tb€ OwDer shall not
be grerter thsn tbose oflhe Contractor underlhc Consrructiotr CoDnsc! atrd
the rcspoDsibilities of the O*aer to the Surety shall not be gleatcr thaD those
of thc Ow!ff rrndcr the CoDsEuction Contmct. To the limit ofthe aooun( of
this Borl4 but subj€ct to commitrneDr by the Owner of the Balarce of theCotrtart Price to mitigation of costs and darnages on the Construction
Contract, the Suety is obligared without duplicstion for:
6.1 The responsibilities of the Contractor for correctioo of defective
work aDd completion of the Construction ConEact;
6.2 Additionsl legal, design professionaland delay costs resulting from
the Contracto,'s Default, and rcsulting ftom fte actions or failure to act of
tbe Surety under Paregnph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified intbe Conrtruction Contract, actual damages caused by delayed
perfofinarcc or non-p€rfonnance of the Contsactor.
7 Thc Suety shall lot be liable to the Owner or others for obligations of
the Con$sctor that arc unrclated to th€ Construction Contsact, and the
Balanc€ of the ConEaat Price shall not be reduced or set offon accouDl
ofany such unr€lated obligations. No right ofaction shall accrue on this
Bond to 8Dy I,erso! or cDtity other lhan the O*lrer or its h€irs, executors,
admidsbators or succcssors.
E Tte Surety hereby waives notice of any change, including changes oftime, to the Construction Conhact or to related subcontracts, purchase
orde$ and other obligations.
I Any proceedin8, leSal or equitable, under this Bond may be instituted
itr any coui of competent jurisdiction in the location in which the work
or fran of the work is located and shall be iDstituted wi&iD two years
after ContEctor Default or wilhin two yeaB after the Contractor ceased
working or within two ycsls aft€r thc Surcty refuses or fails to perform
its obligatioos uDder this Bond, whichever occuts first. II tbe provisiotrs
ofthis Pamgllph are void or pmhibited by law, the minitrrum period of
limitation svailable to sureties as & deGnse in th€ jurisdiction of the suit
shsll be epplicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the addre3s shown on the sigmture page.
11 wllen tlis Bond has been fumished to comply with a starutory or
other legsl roquiem€nt in the location wherc the constuction was to b€
performed, atry p.ovisiotr in this Bord couflicring witb said slatutory or
legal requirement shall b€ dr€med deleted herefiom and provisions
conforming to such statuiory or other legsl requirement shall be deemed
inclaporated hefth. The iat€nt is thst &is BoDd shall be cansEued as a
statutory bond ald not 8s I common law boid.
12 DEFII{|T|ONS
12.1 Balanc.e of the Contsct Price: The total amoull payabt€ by
$e O*1tcr !o thc Coou-aclor uDder the CoDstruction Contract afier
all proper adjustrrdts have been msde, including allowaoce to the
Contractor of any amou s rcceived or to be received by the Owner
in setdehent of idsuraoce or other claims for ds.rnages to which the
Contactor is entitle4 reduced by all valid and proper payments
made to or on beh&lf of lhe Contractor und€r the Coostruction
Co!tract
12,2 Construction Contraclr The agreemenl betwe€n lhe Owner
and the Contractor identified on the signaturc page, including all
Contract Documents sDd chsnges thereto.
12.3 Coatractor Default: Feilue of rhe Conhaclor, which has
deither been rerhedied nor waived, to perform or otherwise to
comply with the t€Ims of the Construction Contract.
12.4 Owner Defaull Failurc of ihe Owner, which hss neithcr been
reoedied nor wsived, to pay the Contractor as rcquired by the
Construction Conbact or to parform aDd compl€te or comply with
thc otber tcrms thercof
Address; 790 The City Drive South, Suite 2G0
Orange, CA 92868
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signah[es of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: Sky Technology Solutions, lnc. Company:The Ohio Casualty lnsurance Coripany
Signature:
Namc and Title Name and Title: Thanh Xuan Thi Nguyerr. Atlcrney-:{r-fact
Address;11102 Rainier Ct.
Gardgn Grove, CA928y'j
LM91726AoAX0
Page 2 ol2
Signature:
LibertvMutuil.
Thi6 Power of Atiorney limhs the acta otthoie named hereio, and lhey have no authority to
bind lheCompany except in the mennerandtothe extant herein st ted.
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
Cedif cale No 8205254-991 318
SU RETY
KN0lYt{ ALL PERSOiIS BY THESE PRESEIIS: I}ral The 0hio Casualty lnsuance Coapany is a coporaton duly oganizod undd U6 ls*s of he Stste ol Now H6rrpshire, hat
-l hi Nruycn
all of lhe city ol wesrnirr r;eedr individually iI ttl€r€ b€ more than qle named, ils lrue atd larful alto.ney-in-faclexeole, seal, adnowledge andtCGi toiadiift bdrat,as sur€ly 8nd as its aal and deed, any and ai unde,takjngs, br,1& reognizances end oher suEty ouig€lions, in pursuatce
of heso presenls and shall be as brnding upon he Cofipanios os il hey have b6n duly signed by he presad€,ll and atlested by he s€cretsy ol he Companies in hei olJn p.op€,
peGons.
lN WITNESS IVHEREOF, this Power ol Attomey hs been sub6cribed by an authodzod officor or ofrcialoi he Companios and the corporate sests of the Companies have been afixedheretothi$ qh dayo, ,Aprit , 202t
Libeiy Mufual lnsurance Company
The ohio Casualty lnsurance Company
Wesl Amedcan Insurance Company
By:
State of PENNSYLVANIA
County ol MONTGOMERY
David [,] Carey, Assislanl Secrelary
stale ol
Ot th's -jL-day ol----4El- 2021 b€fde mo pe6cndly appear€d Davil M. Carey, who ackno|ledg€d hi,rEd, to b€ the Assislant S€crohry d Ubeiy Mutral tnsurance
hercin cdrtain€d by sEning on behall of Ul€ corporations by hims€tt as I duly &ho.ized ofic€r.
lN WTNESS WHEREoF, l have horcunlo subscribed my namo and affixed my notarialsealat King olPru$ia, Ponnsy'vania, on ho day and ygarfrstabov6 wrilten.
CddB!.|n ol PM.rr,r. . tlorary SorIru P.i.r. Ncrry Al,r.rbFci., Colrlt dEi.- .r!fa rdr 28 2025Cdm!.bnq q 11260a,.
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By
r&mh.r P.nmytrn. Atd!6 ol rlot 6 eresa Pastella, Notary Puuic
lnsurance Company, snd Wesl American lnsurance Companywhidr resolulims arenow in fulllorceand efl6c1r€ading as follows:
ARTICLE lV-OFFICERS: Seclicn 12 Po er ol Anom6y.
Any oficer or oh€t oficial of he Coporation aulhoi2ed ,or hat purpG6 in writing by he Chairman or he Presidenl, and suqecl to sudl limitation 6s he Charman or tto
Presldent mE pre$ribe, shdl spponl such atorneys-i0-hd, as may be necessary lo act in bdldl of he CoDoraton lo make, er*!le, s€al, acknowl€dge and ddiver 6s surely
have full pover to bind he CoDoration by heir signafle and ex€o.llion of any slci instuments and to atadr hereto he soal ol he Colpolatjon. Whon so oxoqJted, such
provisims of his aiicle msy b€ r€vokod at any lrno by lh€ Board, he Chaiman, he Prcsident or by he otficer or offcers gEnling slch power or auhority.
ARTICLE Xlll - Execulion of Contrrct : Seclicn 5. Surety Eonds and Lhdertakings
Any ofcer ot he Compa[y authodzed lor hal purp6€ in wdlirB by he drairmar or he presidant, and subjecl lo sudr limtalons as he dtaiman or he pr6side0t may prescribo,
shall app(inl such attome),srn-hcl, as may be necBsaay to 6cl in bdal, ol hg Cofipany to make, erarle. s€al, aclnovJodge and ddiEr as surety any and al uMertakiogs.
Company by hek signsfure 8nd exoorlion of any such instumenls and to alt8ch lhereto lhe seal ol h€ Company. When so oxeqrtod such insfuments shall be as binding as
signed by h6 president and alt€slgd by h€ secrelrry.
Ceffcrto olD6.ignallon - Tho Prgsidenlofhe Company, actng pursuanttolh€ Sylaws ol he Company, aulhorizas Oavid M. Car€y, Assistanl Secretar to appont sudl attomeys-in"
obligalions
hs same lcrce and €ffecl6 hqrgh manually affixed.
l. Ronee C. Ll€wegyn, he undorsign€d, Assistant Secretar Tho ohio Casualty lnslranc€ Company, Libsny Mulual lnsurance Company, snd Wesl Ame tan lnsurance Compony do
has not be€n ,evoked. I
lN TESTIMONY WHEREOF, lhave herarnto set my hand !.d.fi,F$liescd6-ot.a'rc co"punio t i.Jli6 o , O 1dMf . XNI
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1512 1919 1991
1Ns
LMS-12873 LM|C OC|C WA|C Murr Co 0221
By:
Renee C. Ll*ellyn, Assbhnl Secretary
State of Califomia
County of Oranoe
On betore me,
Date
personally appoared
Here lnsert Name and Title of the Officer
Thanh Xuan Thi Nguyen
Name(s) of Signe4s)
who proved to me on the basis ot satisfactory evidenco to be the person(s) whose name(s) is/ar+subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in$is/herltheir authorized capacity(ies), and that by.hiyherAbeir sign61uyg1s1 on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALry OF PERJURY under the taws
of the State of California that the foregoing paragraph
is true and conect.
(H0l lRAN
WITNESS my hand and official seal.
r2358181 INotlI,Plrblk:, C& o.na
0r.ItaCoutty
19.2025vC.inn E.IFroMAY Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this sectlon ls optional, completing this information can deter alteration of the document or
fraudulent reattachment of this fom to an unintended document.
Description of Attached Document
Titl6 or Type of Document:
Document Dat6:Numb€r of Pages:
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:Thanh Xuan Th Nquven Signer's Name:! Corporate Officer - Title(s):tr Corporate Officer - Title(s):
Signer ls Representing:Signer ls Representing:
E signaturc4/a' fl-"-"-
tr Partner - ! Limited n General
tr lndividual tr Attorney in Fact
n Trustee n Guardian or Conservatortr Other:
020'15 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6824 ttem #5907
A notary public or other oflicer completing this certificate verifi€s only the idsntity oI the individual who signed the
document to which this certificato is attached, and not the truthfulness, accuracy, or validity of that document.
GALIFORXIA ALL-PUBPOSE ACXIIOWLEDG E T CIVIL CODE S 1189
\^i'af{r .utriara@\^ a.--::.a.-a}-a..a-{{--a-\a-.<r-a-.rrdc.r^.:a"\^....<?jt-/-.ai.tL
1rhWr }l,::o}l Khoi Tran, Notary Public
)
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tr Partner - n Limited ! General
tr lndividual E Attorney in Fact
tr Trustee n Guardian or Conservatorf Other: _