Sky Technology Solutions, Inc. Material and Labor Bond CIP19-16 24252328Executed in three (3) original counter parts
Bond #24252328
PAYMENT BOND
Conforms with The American lnstitute ofArchitects
AIA Document A3l2 - 1984
Ary singular refcrence to Contractor, Surety, Owner or othei party shall bc considered plural where applicable.
OWNER (Namc alld Addrcss):
Sky Technology Solutions, lnc.
1 1 102 Rainiar Ct.
Garden Grove, CA 92841
CONSTRUCTION CONTRACT
Date:October 21, 2021
Amount: 52,010.27
DCSCTiPtion (Name and Location): CIP 1$16: LAZY CREEK RECREATION CENTER IMPROVEMENTS PROJECT
(CABLING IMPROVEMENTS)
BOND
Date (Not earlier tbar Constuctioo ContractData): Odobet 22,2021
Amount: S52,010.27
CONTRACTOR (Name and Address)
Sky Technology Solutions, lnc.
11102 Rainier Ct.
Garden Grove, CA 92841
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: Sky Technology Solutions, lnc
Signature
Namc and Title H
SURETY:
The Ohio Casualty lnsurance Company
62 Maple Avenue
Keene, NH 03431
None See Page 3
SIIRETY The Ohio Casually lnsurance Company
Signature
Nu-e "na fitt"Jhanh Xuan tnrymyen l+tn."r-in-t*m Manager
(FOR INFORMATION ONLY-Name, Address and TelephoDe)
AGENT or BROKIR:
Premier Surety & lnsurance Services, LLC
16027 Brookhurst St. Suite 142'1, Fountain Valley, CA 92708
OWNER'S
party):
REPRESENTATM (Archite.r, Eqgincer or orher
I The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, adrnhistsators, successors and
assigns to the Owner to pay for labor, materials and equipment
fumished for use in tbe perfo.mance of the Construction Conrracr,
which is incorporarcd herein by refereoce.
2 With respect to the Owner, this obligation shall be null and
void ifthe Contsactor:
2.1 Promptly makes paymert, directly or indirectly, for all
sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner
from claims, demands, liens or suits by any person or entity
whose claim, demand, lien o! suit is for the payrnent for labor,
materials or equipment fumished for use in the performance of
the Constsuction Contract, provided the Owner h8s promptly
notificd the Contractor end the Surety (at the address
described in Paragraph 12) of any cl&ims, demands, liens or
suits aod tendered defense of such claims, demands, liens or
suits to lhe Contractor and th€ Surety, and provided there is no
Owner Defaull
3 With respect to Claimants, thrs obligation shall be null
Page 1 of 3
and void rf the Contractor promptly ma.kes paymenl. directly orindirectlv- for all sums due
1 Th; Surety shall have no obligarion to Claimants utrder this
Bond untill
4.1 Claimants who are employed by or have a direct contract
with the Contractor have given notice to the Surety (at the
address described in Paragraph 12) and sent a copy, or notice
thereof, to the Owner, stating that a claim is being made under
this Bond and, with substaBtial accuracy, the aEouDt of thcclaim.
4.2 Claimants who do not have a direct conhact with the
Contractor:
.l Have fumished written notice to the Coni-actor and
setrt a copy, or notice thereof, to the Owner, within 90
days afier having last performed labor or last fumished
materials or equipment included in the claim stating,
with substantial accuacy, the amount ofthe claim and
the namc of the party to whom the materials were
fimished or supplied or for whom the labor was done
or performed; and
'2 Have either received a rejection in whole or in part
ftom the Contractor, or not received within 30 days of
fumishing the above notice any communication Aom
the Contractq by which the Cotrtractor has irldicated
the claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30 days, have
sent a written notice to the Suety (at the ad&ess
described in Paragraph 12) aod seot a copy, or notice
thereof, to the O*mer, stating that a claim is being
made under this Bond and enclosing a copy of the
previous written flotice fumished to the Confactor.
5 Ifa notice required by Paragraph 4 is given by the Owner to the
Cont'actor or to the Suety, that is sufficietri compliance.
6 When the Claimant has satisfied the conditions of parag:aph 4,
!_"_ S\""ty shall promptly and at the Sulety's expense take rhe
following actions:
6.1 Send an answer to the Claimsnt, with a copy to the Owner,
within 45 days after receipt ofthe claim, stating the amounts that
are undisputed and the basis for challenging any amounts that
are disputed.
6.2 Pay or arange for paymgnt ofany undisputed amounts.
7 The Surety's total obligation shall not exceed the amount ofthis
Bond, and the amount of this Bond shall be crcdited for any
paymeflts made in good faith by thc Sulcty.
8 Amounts owed by the Owner to lhe Conbactor under the
Construction Contract shall be used for the performance of the
Construction Contract and to satisfy claims, if any, urder any
Construction Performance Bond. By the Cotrhactor fumishing and
Ile Owner accepting this Bond, they agee that all firnds eamed by
the Contactor in the performaDce of the Construction contacl are
dedicated to satisry obligatioDs of the Contractor arld the Suety
under this Bon4 subject !o the Owne/s prioriry to use the funds for
the completioo of the work.
9 The Suety shall not be liable to the Owner, Claimants or others
for obligations ofthe conbactor that are uuelated to the Conshuction
Contlact. The OwDer shall not be liable for payrnent ol sny costs or
expenses ofany Claimant under this Bond, and shall havc under this
bond no obligatiom to make payments to, give notices on behalf oI,or othenvise have obligations to Claimants u[der this Bond.
l0 The Surety hereby waives notice of any change, including
changes of time, to the Constuction Confact or lo relatedsubconbacts, pwchase orders and other obligations.
lI No suit or action shall be commenced by a Claimant under this
Bond other than in a coun of competcnt jurisdiction in the location in
which the work or part ofthe work is locatcd or after the expiration of
one year from the date (l) on which the Claimant gave thc notice
required by Subpamgraph 4.1 or Clause 4.2.3, or (2) on which the lasr
labor or service was performed by anyone or the last materials or
equipment were fumished by anyone under the Construction conhacr,
whichever of(l) or (2) first occurs. Ifthe provisions ofthis Paragraph
are void or prohibited by law, the minimum period of limitation
available to sureties as a dcfense in the iurisdiction ofthe suit shall be
applicable.
12 Noticc to the Su.ety, the Ovmer or the Contractor shall bc
mailed or delivercd to the ad&ess shown on the signalure page.
Actual receipt of notice by Surety, the C)wner or the Contractor,
however accomplished, shall be sufficient compliance as of the date
rec€ived at the address shown on tie signature page.
13 When this bond has been fumished to comply with a statutory
or other legel requircment in the location where the construction was
to be performed, any provision in this Bond conflicting with said
statutory or legal requiremeot shall be deemed deleted herefrom and
provisions conformiag to such statutory or other legal requircment
shall be deemed incorporated hercin. The intent is that this Bond shall
be coNbued as a statutory botrd aod Dot as a common law bond.
14 Upon request by any pffson or entity appearing to bc a
potential beneficiary of this Bond, the Contractor shall promptly
fumish a copy of this Bond or shall permir a copy to be madc.
I5 DEFINITIONS
15.1 9161661 An individual or entity having a direct contract
with the Contractor or with a subcontractor ofthe Contractor to
fumish labor, materials or equipment for use in the performance
of the Contract. The intent of this Bond shall bc to include
without limitation in the terms "labor, materials or equipment"
that part of that pan of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the
Construction Contmct, architectulal alld engineering services
rcquirod for performance of the work of thc Contractor aIId the
Contracto/s subconEactors, and all other items for which a
mcchanic's lien may be asserted in the jurisdictioo where the
labor, materials or equipment were fumished.
15.2 Constuction Connact: The agreement bctwecD the
Owner and the Contractor identified on the signature page,
including all Contract Documetrts and changes thereto.
15.3 Owner Defauh: Failure of the Owner, which has neithcr
been remedied nor waived, to pay the Contractor as required by
the Construction Contract or to perform and complete or comply
with the other terms thereof.
Page 2 of 3
MODIFICATIONS TO THIS AOND ARE AS FOLLOWS:
Sub paragraph 4.3 is added as follows:
lj ^-t^g}fll$ ryl':led 19 sur:? Foof of clsim duly swom to by Claimaat, along with adequate supporting documenration which provestne alDoutrt ctalmed ts due and payable.
Paragaph 5 is amended as follows:
5 Ifa Dotice r€{uired by paragraph 4 is given by Owner to the Contractor and to the Surety, rhat is sullicient compliancc.
Paragraph 6 is delercd in its €,ntir€ty ard the following is substituted in its place:
6 when the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proofofclaimrequested by the surety, the Suety shall, within a reasouable period of time, notiry the Claimant of the amounts that are undisputed and thebasis for challenging any amounb that atc disputed, including, but not limited to, lhe lack of substantiating documentation to support the claim
as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make anangements for pa).rnent of any undisputedamount; provided' however, that the failure of the Surcty to timely discharge its obligations undcr this paragraph oi to dispute or identif anyspecific defense to all or any part of a claim shall not tre deemed to be an admission of liability by thi swety as to such claim or otherwisecorutitute a waiver ofthe Contracto/s or Surety_dcfenses to, or right to dispute such claim. Rather, thc Claimani shall have the immediate right.without furthq notice, to briry suit agaiDsr the surety to enforce y remeiy availabte to it under ihis gona.
(Space is provided below for additioml sigDan[es ofadded panies, other tban those appesring on the cover page.)
CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY
company: sky Technology solutions, lnc. company: The ohio casualty lnsurance company
Signature Signatue
Name and Title: Nathan Huynh, Program Manager Name and TitlerThanh Xuan Thi Nguyen, A .Jneyjn-fact
Address: 1'1102 Rainier Ct.
Garden Grove, CA 92841
Address: 790 The City Drive South, Suite 200
Orange, CA 92868
Page 3 of 3
Libertv
Mutudl.
This Porer of Attomey limits the acts ofthose named herein, andthey have no authority to
bind theCompany axcept in the mannerand tothe extent hersin stated.
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
Cerlificrle No 8205254-991318
S U RETY
KNOIVN ALL PERSONS 8Y THESE PRESEIITS:.ThaI The Oiro Caslalty lnsurance Company 6 a coporaton duly oeanrzed under the taws ol he State of New Hampshire, hal
'lhi Nguyco
all oi he cjty ol eadr individually i,lh€.e b€ more lhan me named, it! true and lewful atlsney-in-tac.t to make,execute, seal, adno*tedge and ddivei foi.id-iilL bohatf as surcly and as ib ad and deed. any aM al undertakings, bon6, recognizarE€s and oher surety ouigatons in pursuance
of hese presents and shall be as bhding upon he Companies as if hoy hsve b€en duly signed by he presidglt 6M atosted by he s€cr€t y of he Coflpanies in fief own properpefsons
slate ol
Itl WITiIESS IVI{EREOF, his Po/ve. of Attomoy has been subocdbed by an authorized olfcor or ofilcial ol the Companies and he comorate seals of he Companies have been afx6dhereto his __jl!!_ day ot Aprit 202 r
Liberty lt4utual lnsurance Company
The Ohio Casually lnsuranco Company
West Ametican lnsurance Company
oavid M. Caey, Assistanl Sec.relary
clompany Th6 ohio Casualty ComPany, and w€sl AnEIican lnsurance Company, and hal he, as such, bdng aulhorized so Io do, exeotte h6 forogcing insfume;t for he plrpo6€she.ein .fflained by signiru on behalf of lhe corporatjons by himsetf as a duly auhdized ofiicer
lN WTNESS WHEREoF, I have hereunlo sub6ctrbed my name and atfixed my notarlal soal at King ol Prussia. P€rinsy'vania, on he day and year fNt above wnlten
/-fr//-
Slale of PENNSYTVANIA
County of M0NTG0L,lERY
By
lnsurance Company, 8nd W€6t Arhedcan lnsurance Company whidr resoluticns are nori in ful bce and eflect reading as follows:
ARTICLE lV - oFFICERS: S€ctioo 12. P*er ol Attomey.
Any offcsr or oh€r omcial of he CoDoration suthodzed tor hat purpose in wnlirE by he Chaman or he president and suqecl lo such limilatbn as he Chairman or he
Presideol may prescribe, sha/l appcint Sudl stomeF-in'hd as may be n@ss-ssry to act in bdalf of he CorpoEljon lo make exedte soal, acknowledge and ddiv6r as sur€ty
have full poa/€r lo bind he CorpoEtion by heir sign8furc and exqrlion of sny sudr instruments and to at€dt heleto he seal ol h6 CoDoralion \ryhen so erecuted, suchinslrumenls shall be as binding as it signed by he Presidenl and att€sted to by ho S€qetar Any pc^r,q or authodty gEnted to any r€prGe;tstve or attohey-in-hct und6r heprovisions o, hE aticle may be rovoksd at 8ny time by lhe Board, he Chairman, hg President or by he olfc€r or oficsrs granting such por{er or aulhoaily.
ARTICLE Xlll- Execution ofContnctsi Soctoo 5. Surety Bonds and undorlakings
Any offcar olhe Company aulhonzgd for hat purpGs in Mitng by he chairman or tre prEsidglt, and subiect to sudt limitatDns as he dlairmao or he presid€nl msy paesc b€,shall apponl such atornoysinlact as may b€ necessary lo acl in behall ol he Cornpany lo male, exelle, s€al, acknowledge and deliver 8s surcty any and all underhkjngs,
Cotnpany by hgir signatJre and ere&lion ol sny sudl instuments and to 6lt6dr hereto he seal of be Company When so ex€o{od sudl insbuments shall be as bhding as il
signod by he prestdenl and attested by he secretary.
fact as may bo n€alssary to act on behalf of ho Company to make, execule, soal acloowledge and ddiver as surety any and all unde,lakings, bdl&, rcognizances and ohor juroty
obligatjons
Company, wherev€r appearing upon a certafed copy of any poi6. of attomey issued by he Company in connedior| with surety bonG, shdl bo v;[d and binding upon he Company wifr
lhe same lorce and efiec1 8s hough manualty affred
7y!,",, o"hhr)o2llN TESTIMONY IVHEREOF, I have herounto s€l my hand and ahred- h, ..-al3 ;l rlrj Ccmpanies fris,
Prnn.ylvrMA..dt6oINol.6s eresa Pastella Notary Public
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By:
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!MS,12E73 tMlC OC|C WA|C M0rb Co 0221
By:
A notary public or other officer completing this certilicate verifies only the identity of the individual who signed the
document to which this certilicate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On 1t before me,Khoi Tran, Notary Public
Date
personally appeared
Here lnsert Name and Title of the Officer
Thanh Xuan Thi Nguyen
Name(s) of Signe4s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iVare-subscribed to the within instrument and acknowledged to me that+€/shenhey executed the same in+i€/her/th€k authorized capacity(ies), and that bytris/herAeir 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 taws
of the State of Califomia that the foregoing paragraph
is true and correct.
KlorTRtx
Cqnl!0l , 235t181tld.y Pulac . C.iilrnaOaf! Corrty
lry C.onm Et !. fil Y19.2015
WITNESS my hand and officiat seal.
t i
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description ol Attached Document
Title or Type of Document:
Document Date:
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Thanh Xuan Thi Nouven
n Corporate Otficer - Title(s):n Corporate Officer - Title(s):
Signature 3
n Partner - tr Limited tr General
tr lndividual E Attorney in Fact
E Trustee n Guardian or Conservator
tr Other:
tr Partnor - tr Limited n General
n lndividual tr Attorney in Fact
tr Trustee ! Guardian or Conservatortr Other:
Signer ls Representing:Signer ls Representing:
02015 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-682I ttem #5907
cal.tFoRrra ALL-puRposE acK[owLEDGtEltT ctvtL coDE s 1189
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Number of Pages:
Signer's Name: _