Sky Technology Solutions, Inc. Faithful Performance Bond CIP22-05 24252326Ilxecuted in three (3) original counter parts
24252326
OWNER (Name and Address)
City ot Menifee
29844 Haun Road
Menifee, CA 92586
CONSTRUCTION CONTRACT
Date: Octobe|I2, 2021
Arnount: $22,650.08
Description (Name and Location):ClP 22-05: MENIFEE COUNCIL CHAMBERS AUOIO
VISUAL (AV) SYSTEM IMPROVEMENTS
BOND
Date (Not earlier than Construction Cootract Date): October 13, 2021
Amount: $22,650.08
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.
11 102 Rainier Ct.
Garden Grove, CA 92841
Signature
Namc and Title: Nathan Huyn , Program Manager
SUREry (Name and Principal Place ofBusincss)
The Ohio Casualty lnsurance Company
62 Maple Avenue
Keene, NH 03431
I None
SURETY
Company: Tha Ohio Casualty lnsurance
Company
! See Page 2
Signatue
Name and Title: Thanh Xuan Thi Nguyen, Attorney-in-fact
OWNER'S REPRESENTATM (Architect. Engineer or other
party):
perform the Consfuction Contact, but such an agreemcnt shall not
waive the Owrelr ri8il if aoy, subsequeDtly to declar€ a
Contractor Default; and
3.2 The Owner has declared a Contractor Defsult and formally
tcrminst€d the Contracto/s right to complcte the contract- Such
Cootractor Default shall nol be declared eadier thm twenly dsys
after the Contractor and fie Surety have received notic€ as proyided
in Subp8ragrsph 3.1; and
3.3 The Owner has agrced to pay the Balance of the Contsact Price
to the Swety itr sccord!.oce witb thc tcnns of the Constuction
Contract or to a cotrbactor selecred !o pdfonn the Constuction
CooEact in accordaoce with tha terns of the cortract with the
Owner.
4 Wlreo the Owtrer hss sstisfied the conditions of Paragraph 3, the
Suety shatl paoEptly aad at the SurEty's expense take one of the
followin8 artioDsl
(Corpora!€ Seal)
(Any additioml signotures app€ar on page 2.)
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: Premier Surety & lnsurance Services, LLC
16027 Brookhurst St. Suite 1421
Fountain Valley, CA 92708
1 The Contractor and tbe Surety, jointly and seve.ally, bind themselves,
thcir hcirs, exccutors, adrninistraton, successors and assigns to the Owllcr for
the performance of th€ Constsuction Contract, $rhich is iDcorroratrd herei, by
rcference.
2 Iffte Conbaclor performs the Constsuction Contsact, the Surcty and the
Cont actor sball hsvc no obligation undcr this Botr4 except to participate in
conferences as provided in Subparagraph 3.1.
3 If therc is no Owner Default, the Surety's obligation under this Bond
shall arise afiet:
3.1 Thc Owner bas notified the Contractor atrd the Surcty ar its addrcss
described in Paragraph l0 below tlEt the Owner is considertuS dechringa ConEsctor Defauh ad has requcstcd and attempttd to arange a
cotrfe.€dce wilh the CotrFactor aod the SuEty to be held mt laitr than
fifte€n days after receipt of such notice to discuss methods ofperforming
thc Constsuction Contsact. If the Owner, the Codtsactor and the Su€ty
ogrce, th€ Coohactor rhall be allowed a rcasonable time to
SURETY 5026 (6.92)
1M9172!0 ogrr0
Pago 'l of 2
Performance Bond
Confomrs with the American Institute ofArchirects, AIA Documenl 43l2 - 1984.
Any singular reference to ConEactor, Surety, Owner or other party shall be considered plural whcre applicable.
4.1 Ara.ngc for tbe Cootracior, w.ith conseot oftb€ O*ner, to perfomt
and complet€ the ConsEuction Contr8cq or
4.2 Undertake to perform and complcte the CoNuuction ConEactitselt lhrough its ageDts or tbmugh independent conractors; ot
4.3 Obtain bids or Degotiated proposals from qualified contractors
sc{cptable to the Owncr for a contract for pcrformince aad completionof the Constuction Confact, $range for a contact to be preparcd for
execution by the Owner and the con[actor sclected with the Owner'scoocurrmce. to be secured with performance atrd paymeEt bondscxecured by a qualified surety equivalenl to the bonds issued on rheConst ction Coot ac! and pay to the Owner the amount of darnages as
described in Paragraph 6 in excess of the Balance of the Contracaprice
iocrmed by the Owner resulting from the Contractor,s default; or
4.4 Waive its right to perfonh snd complete, arrange for completion, oroblain a Dew coDtnctor and with rcasonable promptness under the
circumstarces:
,1 After investigation, determirc the amounr for which it may be liableto lhe Owner and, as soon as practicable after the a.rnount is
detcrmined, tender palment therefor !o tie O*ner; or
,2 Deny liabiliry in wholc or in pan and notiry the Owner citiEg
reasons therefor.
5 lfthe Surety does not proceed as provided in paragraph 4 witb reasonablepromptne-ss, the Sur€ty shall be decmed to be in default on this Bond fifteen
days after receipt of all additional written noticc liom thc Owncr to th€ Suretv
demanding tha! the Surery perform irs obligations under this Bond, and thlO*ner shell be entitled to enforce ru.ry remedy evailable to the Owner. If the
Suety proceeds as prcvided iD Subparagraph 4.4, aDd the Owaer refuses the
paJment fendered or the SurEfy has denied liability, in whole or in part,
without further notice the Olwrer shall bc entitled to enforce atry remedy
available !o the Owrcr.
6 After lhe Owrer bas tefirhated the CoDtracto/s right to complete the
Constuction Contact, and ifthe Surety elects to act urder SubpaEgraph 4.1,
4.2, or 4.3 ebove, then th6 rcspoosibilities of thc Surcty to tbe Owner s[all not
bc greatsr tban 6ose oftbe Contraclor under tbe ConsEuctiofl Coutract, atrd
tbe respotrsibilities of the Ownar to the Surety shall not b€ greater tban those
of the Owner rmder the Construction Contraa!. To the limit of the amount ofthis Botrd, but subject lo commignent by the Ovmer of rhe BalaEce of theContract Price to mitigariob of cosls and damages oo the Construction
CoDEact, the SUIety is obligatcd without duplication for:
6.1 The responsibilities of the Cotrtractot for correctioo of defectivework and completion of the Construction Contsct;
6.2 Additionsl legal, design professional and delay costs resulting from
the Contracto/s Default, and rcsulting from the sctions or failur€ to act of
the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages ar€ specified inthe Construction Contracl, actual damages caused bt delayed
performatrce or troD-perfofmance of thc ContIactor_
7 The Surcty shall not be liable to the Onmer or others for obligarions of
the Contractor that arc mrelated to the Co.struction Contr-acl and thc
Balance of the ConEact Price shall trot b€ reduced or set off on account
ofany such un €lated obligations. No right ofaction shall accrue on rhis
Bond to aiy pcrson or mtity other than the Owner or its heirc, executors.
admiaistralors or successots.
E The Surety hereby waives notice ofafly change, including chanSes oflime, to lhe Construction Contra(r or to rclaled sukontracts. purchase
orders and other obligations.
I Any proceeding, legal or equitable, under this Bond may be institulcd
in any court of competent jurisdiction in the location in which the work
or part of thc work is located and shall be instituted within tro ycars
affer Contractor Default or within two years after the Contactor ceased
working or within two years after the Surety r€fuses or fails to pe onn
its obligatioos uDder this BoDd, whichever occurs first. lfthe provisions
ofthis Paragraph arc void or prohibited by law, rhe minimum pcriod oflimitation svailsblc !o surelies as a defense in the jurisdiction ofthe suit
shall be applicable.
l0 Noticc to the Surcty, the Owner or the Contractor shall bc mailed or
delivcred io the sddrEss shown on the signahfe page.
ll When this Boud has been fimished to comply wirh a statutory orother legal requircment in the location where th€ construction was to be
pcrformed, any provision in ihis Bond conllicting with said statutory or
leSal rcquirement shall be deemed deleted hereiiom and provisions
coDforming io such statutory or other legal rcquiremcnt shsll b€ deemed
incorpor.ted hereio. The inteDt is that this Bond shall be conshued as a
statutory bond and rct as a colnmon law bond.
12 DEFINITIONS
12.'l Balance of the CoDaact Price: The toral amount payable by
lhe O*ner to thc Contractor under tle Construction Contract afler
all proper adjustrnenls have beel made, iocluding allowance to the
Contactor of any &moutrts received or ro be received by the Owncr
iD scttlc6eDt of insurance or other claims for damages to rxhich the
Coltractor is ertitled, reduced by all valid and proper paymenls
made to or on behalf of the Confactor under the ConsEuction
CoDFact.
12.2 Construction Coitract: The agreement betwe€n the Owrer
and the Contractor identificd on tbe signature page, including all
Contiact Documcnts and changes thereto.
12.3 Contractor Default: Failure of rhe Contractor. which h&s
neither been remedied nor waived. to perform or otherwise to
comply with the terms of the Construction Contracl.
12.4 Owner Defaultt Failure of the Owner, which has neither becn
remedied nor waived, to pay ihe Contractor ss required by the
Construction Cont'act or to perform and complete or comply with
the other terms thereof
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS
(Space is provided below for additional signatues of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: Sky Technology Solutions, lnc. Company: The Ohio Casualty lnsurance Company
Signaturc:SiBnaturc
han Huynh, Program Name and Title: Thanh Xuan Thi Nguyen, Attorney-in-factat
Address: 11102 Rainier Ct.
Garden Grove, CA 92841
Address: 790 The City Drive South, Suite 200
Orange, CA 92868
Manager
Paga 2 ol2
Name and Title:
This Power of Attorney limts the acb ofthose named herein, end lhey have no authority to
bind th e Compeny ercept in the manner and to the oxtent herein st ted.
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
l(Nowll ALL PERSONS 8Y THESE PRESENTS: Tlat The Chio Casualty lnsurance Company is a corpoE0on duly oeanized under ho la*s of he State ol New Hampshire that
lhiNeuycn
aI ol he city of slate ol
Liberty
Mutudl.Certrflcale No 8205254,991318
SURETY
eadr individually iflhere b6 more than me named, ils 1ru6 and laliful a(orney-injacl to make,
ereorle, seal, a.knowledgo and deliver. for and on ib bdlalfas surcty and as its
ol hese presents and shall be as binding upon he Companies as il li€y havo
pefsons.
It{ W(TilESS WHEREOF, his P €r ol Atomey has ben subscibed by an aulhodzed offcer or oficjal of he ColrDanies and ho coporale s6ds of be Companies havo b6n afrred
troreto his _lI!_ day ol Aoit ,202t
Liberly Mufu al Insu[ance Cornpany
The ohio Casually lnsurance Company
Wesl American lnsurance Company
By:
State ol PENNSYLVANIA
County ot MONTGOMERY
David M. Carey, Assislant Se.retary
acl and d€ed, anyand all uadertakings, bcnds, recognizances and oher surely oHigalions, in pursuancr
been duly signed by he presideit and altesled by the secre{ary of he Companies in heir oyen proper
0n this qh day ol____]![IIL, 2021 before mepersonally appeared Davd M Carey, who &knof,ledged hinEdf lo be the Assislanl Secretary of Libeny Mutuallnsurance
Company, The Ohio Casualty Company, and W€sl Amencan lnslrance Company, and hat he, as sudr, b6ng authodzed so to do ereorte he loregdng instrLlment lor he purpces
herein cmtained by signing on behall ol he coporatons by himselfas 6 duly authorized officer
lN lVlTt{ESS WHEREoF,lhsve horeunlo subscribed my name and alfxod my nolarialsealal King ol Prussia, Psnnsylvania, on lhe day and year first above wot1en.
By /-f//.
M.n'b.. PlnE {M A...fu eresa Paslella. Notary Puuic
This Power ol Altomey is made and exeorled pu6uant to and by suthority of he folloiving By-laws and Auhorizalions ol The ohio Casualty lnsumnce Company, Libeny Mutual
lnsurance Company, and W€st Ame can lnsuGnce Company wh ich resolutrcns are now in full rcrce and oflecl readrng a! follows:
ARTICLE lV-oFFICERS: Seclio.l 12. Por/er ot Attomey
Any oficer or olher oficial of tho Corporalron authorized ,or that purpose in w tng by lhe Chairm8n or lho President and sub,oct to such limitation as lhe Chairman or the
have full po.ver to bind the Coporaton by hef signatrng and erodlion of any sudr inst umonts and lo atlach hereto he seal of ho CoDoration lryhen so execlrtod, sudl
instrumenls shall be as binding as il signed by he Prosidonl and altested to by he Searetary Any po/or or authority granled lo any repr€senlatjve or attomey-in-fact undq the
provisims o, hB article may be revoked at any time by the Boad, he Chaiman, he Presdent or by he dfc€r or offcers gEntng sudr poNer o auhority.
ARTICLE Xlll - Erecutio[ ot Contraclsr Secton 5 Sucty Sonds and Underlakings
shall appdnt such atlornoys'in-hc1, as may be necessary lo ac1 in behatf ol he Company to make, exeorte seal, acknor,/ledge and doliver as surely any and all undertakings,
Company by $err signafure and erecution of any such instumgnls and lo attach herelo he sgal ollio Company. When so execllgd sudr instumenls shall be as binding as il
signed by lhs presaont and altested by he serrotary
obligalions.
Company, whseve{ appeanng upon a certified copy oi any po[6r ol a0omey issued by be Company in clnnectcn wih surety boo&, shall be valil and bindmg upon he Company wiUl
he sa.ne fdce and effecl as hough manually alfxed
I, Renee C. Llewsllyn, he undersigned, Assistant Searetar Tle ohio Casualty Insu€nce Company Libony Mulual lnsurance Company, and W6l American lnsuEnce Company do
has not been revoked.
lN TESTIMONY WHEREOF, lhave hsrsunlo sel my han, eni drfrred fie sedl. o iail Companres tr,s l? * tr,lrA 0C,IO\W N7\.
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Renee Lle*ellyn. Assistant
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By:
CALIFORT{IA ALL-PURPIOSE ACK]IOWLEDO EIT CNIL CODE S I I8g
A notary public or other officer completing this certilicate verifies only the identity oI the individual who signed the
document to which this certificate is attach€d, and not the truthfulness, accuracy, or validity of that document.
State of Califomia
County of Oranoe
On before me,Khor Tran, Notary Public
Date
personally app€arcd
Here lnseft Narne and Tttle ol the Officer
Thanh Xuan Thi Nguyen
Name(s) of Signe4s)
who proved to me on the basis of satisiactory evidence to b€ the person(s) whose name{s) is./ar&
subscribed to the within instrument and acknowledg€d to me that-he/she/they executed the same in
+i€/her^hoir authorized capacity(ies), and that byiis/her/thir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) actod, oxecuted the instrument.
I certify under PENALW OF PERJURY under the laws
ol the State of Calilomia that the ,oregoing paragraph
is true and correct.
WITNESS my hand and official seal.iffi,.,ffil*i /2 GL/.-Signature
Place Notary Seal Above
OPTIONAL
Though lhis section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this torm to an unintended document.
Description of Attached Document
Tltle or Type ot Document:
Document Date:Number of Pages:
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Thanh Xuan Thi Nouven Signer's Name:
tr Corporate Officer - Title(s):
4
tr Partn6r - tr Limited E General! lndividual E Attomey in Fact
tr Trustee f Guardian or Conservator
fl Other:
tr Partner - tr Limited ! General
E lndividual ! Attomey in Fact! Trustee E Guardian or Conservator
tr Other:
Signer ls Representing:
020'15 National Notary Association . www.NalionalNotary.org . 1-800-US NOTARY 0-800-876-6824 ltem #5907
0rlobu lS,laLl
Signature of Notary Public
Signor's Name:
tr Corporate Officer - Title(s):
Signer ls Representing: