HomeMy WebLinkAboutHK Contractors Inc 2019-20Bond No. 9323905
PERFORMANCE BOND
KNOW ALL MEN BY TI-IESE PRESENTS: That we _____H_-_K_co_nt_ra_ct_o_rs..._c:f_ , l_nc_.______
6350 South Yellowstone Highway, Idaho Falls, ID 83402 as Principal, and Fidellty and Deposit Company of Maryland
as Surety, are held and finnly bound unto the Bonneville School District No. 93 (OWNER), State ofJdaho in
Three Hundred Fourteen Thousand the penal sum of Five Hundred and 001100 Dollars($ 314,500.00 ), lawful money of the
United States, which sum is agreed to be the maximum liability hereunder, well and truly to be paid, and for the
payment ofwhich we and each one ofus bind ourselves, our heirs, executors, administrators, and assigns,jointly
and severally, finnly by these presents.
The condition ofthis instrument is such that whereas the principal has entered into a ce1tain agreement, hereto
attached, with the Bonneville School District No. 93 (OWNER), State ofIdaho dated this ___day of.
-----------, 2019, for the Project: District 93 Parking Extension & Repair Projects
NOW, THEREFORE, if the said principal shall pay all claimants supplying labor or materials to him or his
subcontractors in the prosecution of the work provided for in said contract, and any and all authorized
modifications of said contract that may hereafter be made, notice of which modifications to the Surety being
hereby waived and shall pay all taxes when due, as required by Idaho State Code, then this obligation shall be
void, otherwise to remain in full force and effect.
PROVIDED. However that this bond is executed pursuant to the provisions ofthe Public Contracts Bond Act,
and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as is set
forth in full herein.
IN WITNESS WHEREOF, The Principal and Surety have executed this instrument this 18th day of.
June , 2019 such ofthem as are corporations have caused their corporate seals to be hereto
affixed and these presents to be signed with their proper officials, and the day and year first set forth above.
H-K Cv:;on actors. Inc. ' -/~---=----~~-~~~=------(.L.S.)
Principal
BY:~~......,,.<.'---~--,.~-:-:-~->.r...-.~...,-,;:--:unda Nipp r, ttorne . -Fact ~ ---~~l M ·· RTANT-Surety companies executing BONDS must appear on the Treasury Department's current list
(Circular 570 as amended) and be authorized to transact business in the state where the project is located.
D'93/District 93 Parking Extension & Repair Projects Page 36
Bond No. 9323905
PAYMENT BOND
KNOW ALL fEN BY THESE PRESENTS: That we______..;_H_-K_C_o_nt_ra_c_to_rs-'-.l_nc_.______cf
6350 South Yellowstone Highway. Idaho Falls, ID 83402 as Principal, and Fidelity and Deposit Company of Maryland
as Surety, are held and firmly bound unto the Bonneville School District No. 93 (OWNER), State ofldaho in
Three Hundred Fourteen Thousand
the penal sum of Five Hundred and 001100 Dollars($ 314,500.00 ), lawful money of the
United States} which sum is agreed to be the maximum liability hereunder, well and truly to be paid, and for the
payment of which we and each one ofus bind ourselves, our heirs, executors, administrators, and assigns, jointly
and severally, finnly by these presents.
The condition ofthis instrument is such that whereas the principal has entered into a certain agreement, hereto
attached, with the Bonneville School District No. 93 (OWNER), State ofldaho dated this ___day of.
-----------, 2019, for the Prqject: District 93 Parking Extension & Repair Projects
NOW, THEREFORE, if the said principal shall pay all claimants supplying labor or materials to him or his
subcontractors in the prosecution of the work provided for in said contract, and any and all authorized
modifications of said contract that may hereafter be made, notice of which modifications to the Surety being
hereby waived and shall pay all taxes when due, as required by Idaho State Code, then this obligation shall be
void, otherwise to remain in full force and effect.
PllOVIDED. However that this bond is executed pursuant to the provisions of the Public Contracts Bond Act,
and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as is set
fo1th in full herein.
IN Wl'I'NESS WHEREOF, The Principal and Surety have executed this instrument this 18th day of.
June , 2019 such ofthem as are corporations have caused their corporate seals to be hereto
affixed and these presents to be signed with their proper officials, and the day and year first set forth above.
Fidelity and Depo~i!_y~~'D'...E.f M,..:.;a"""ry""'l"""an""'d'--__"-__
Surety (...____..,,~
BY: ;::::-::~;""-'"'' ~
JMPOR T AN'r ~Surety companies executing BONDS must appear on the Treasury Dcp1trtment' s cun-ent list
(Circular 570 as amended) and be authorized to transact business in the state where the project is located.
09 /Disrr-ct 93 Parking Extensi on & Repa ir Projects Page 37
State of UT } ss: County of Salt Lake
On June 18, 2019 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared
Linda Nipper
known to me to be Attorney-in-Fact of Fidelity and Deposit Company of Maryland
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation execute<l the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, t
My Commission Expires 3/13/2023
Notary Public
USA HALL
Notary Publie
State of Utah
My Commission Expires March 13, 2023
Commission Number 704231
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SlJRl!:TY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POW.ER OF ATTORNEY
KNOW A.LL MEN BY THESE PRESENTS: Tbal the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State ofNew
York, 1he COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. u corporution of the State nf Illinois. and the FlDEL!TY
AND DEPOSJT COMPANY OF lvfAR YLAND a corporation of the State of lllinois (herein cnllcciively called the "Companies"), by
Robt>l't D. Murray, Vice Prnsident. in pllrsuancc ofauthority granted by Article V. Section 8. of the By-Laws of said Compani.:s, which are
set forth on the reverse s.ide hereof and are hereby certified to be in full force and effect on the date hcreoC do hereby nominate. constitut<:.
and appoint Tina Davis, Lisa Hall, Lindsey Plattr1e1· and .Linda Nipper, all of Salt Lake City, 1.Jtah, EACH, its true and lawful agent and
Attorney-in-Fact, to make. execute. seal and delh·cr. fo r. and on its behall' as surely, and as its act and dei::d: any and all bonds and
undertakings, and the i::xecution of such bonds or undertakings in pursw1nce of these presents. shall be as binding upon said Companies, as
fully and amply, ll> aJI intents <ind purposes. as if 1hey had been duly exccuti::d and acknowledged by the regularly elccti::d officers of the
ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at its offictl in Owings Mills. Maryland.. and the regularly elected officers of the
F1DELITY AND DEPOSIT COil.-IPAl\'Y OF MARYLAND at its office in Owings Mills, Maryland., .in their own proper persons.
The said Vice Presideut does hereby certify that Ille extract set forth on the reverse side hereof is a true copy of Arli.cle V, ScL'tion 8. of
the Ry-Laws of said Companies. and is now in force.
IN WrTN!:lSS WHEREOF. the said Vi<:e-President has hereunto subscribed his/her names and aflixcd the Corporate Seals of the. said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6'h day of' March, A.D. 2019.
ATTEST:
ZURICH AMERICAN lNSURANCE COMPANY
COLONIAi. AMERICAN CASUALTY ANO SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Rv/Jert D. fl.f111Tay
Vice President
'.1 r ! IJ JJ J '11./J \,
By: Dawn E. Brown
Secre1w:1·
State of Mar~·fand
County of Baltimore
On this 6th d~y of March, A.D. 20 19, befol'I! the subscriber.. a Notmy Public of the State of j\,faryland, duly commissioned and qualifkd. Robort D.
Murnt~·. Vice President and Dawn E. Jlrown, Secretary orthe Coll!panies. to 111<' personally known robe the individuals mid officers described in aml who
.:xecntcd the preceding i11slrumcnt, and acknowledged the execution ofsame. and being by me duly sworn. dcposdh und saith, that lw/shc is the said ofllccr of
the Company aforesaid, and that the seals affi,cd to tl1c preceding insh'U1nenr arc the Corporate Seals ofsaid Companies. und that the said Corporate Seals and
rhc signature> as such offlcer were duly atl1xed and subscribed lo the said instrument by lhe aut!iority and direction of the said Corporations.
IN Tl:'.ST.trv!ONY WHEREOF. l huvc hereunto set my hund and affixed my Ofliciul Seal the day and year first above written.
Cunsrnncl! A. Dunn. Notary Public
My Cnmmission Expires: July 9. 2019
EXTRACT FROM BY-LAWS OF THE COMPANIES
"A1iick V, Section 8, Attornevs-in-Fact.. The Chief Executt\'e 0111ccr. the President. or any Executi\·e Vice Pr.csident or Vice President
may. by written instnimcnt under the anested corporate ~eal. appoint attorneys-in-fact with authority to execute bonds, policies.
rccogni1.,ances. stipulations. undertakings, or other like instnimmts on hehalf of the Company, nnd may authorize any omcer or any such
attorney-in-fact to citlh the corporate seal thereto; and m3)' with or without cmi>c modi!)· t•f revoke any such appointmem or authority al any
lhne."
CERTIFICATE
l. tbe undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY. the COLONIAL AtvJERICAN CASUALTY
AND SURLTY COMPANY. and the FrDELlTY AND DEPOSIT COMPANY OF MARYLAND. do hereh)' certify that the foregoing
Power of Attorney is still in full force and effoct on the date of this certificate: and I do fiuther certify that Article V, Section S, of the Hy
Laws ofthe Companies is still in force.
This Power of Auorney and Cerlificate may be signetl by facsimile under :md by authority of the following resolution 01· the Board of
Directors of the ZURICll AMERICAN INSURANCE COMPANY at a meeting dilly called and held on the 15th day <)fDeccmber J998.
RESOLVED: ''Thal the signature of the President or a Vice President and the il!lesring signature ofa Secretary or an Assistant Secretary
and the Seal ofthe Company may be aflixetl by facsimile on any Puwer of Artomey...Any such Power or any ceriiJicale thcn:ol"bearing such
facsimile signature and seal sball he valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority or the following resolution of the Board of
Directors ofth.e COLONl:\L AMERICAN CASUALTY AND SURETY CO:v!l'ANY at a meeting duly called and held on the 5th day of
May. 1994. an.d the following resolution of the Board of Directors of the fJDELITY AND DF.POSTT COMPANY Of MARYLAND at a
meeting duly called and held on the l 0th day of May. 1990.
RESOLVED: "Thal the facsimile or mechanically reproduced seal or the company and facsimile or rnechan.ically reproduced signature
of any Vice-President. Secretary. or Assistant Secretary llf the Company. whether made hercmfore or hereaher. wh~rcver appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and hilldi.ng upon !he Company with the same fore.: and effe~t
~s though manttitlly aflixed.
IN TESTIMONY WllF.REOf. I have hereunto subscribed 111y name and affixed the corporate seals ofthe said Con1panics.
this --·· H>Jh.. day of ···------~-lff\~.. ......... ..:?QJ.!).
By: Bri<'n M. Hodges
Vice Pn:sident
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBM.IT A COMPLETE DESCRIPTION
OF THE CLAJM lNCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, ANH YOUR CONTACT
INFORMATION TO:
Zurkh Surety Claims
1299 Zurich Way
Schaumburg,, IL 60196-!056
www.reportsfolaims1iiJzurichna.co111
800-626-4577
(Seal)
' '
CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into in triplicate this , Day of June , 2019 by Paul
Jenkins, Board of Trustees Chairman ofBonneville Joint School District No. 93, 3497 North Ammon Road,
Idaho Falls, Idaho 83401, Owner and party ofthe first part, and Craig Mathison, Vice President of
HK Contractors, Inc hereinafter called Contractor, party of the second part.
WITNESS: That the Contractor, in consideration ofthe sum to be paidto him/her by said Party ofthe First Part
in the manner and at the time hereafter provided, and ofother covenants and agreements herein contained, hereby
agrees for Contractor, his heirs, administrators, and successors, assigns the Project designated as District 93
Parking Extension & Repair Projects and will furnish all necessary machinery, tools, apparatus, materials, and
labor to complete the work in the most substantial and workmanlike manner according to the plans and
specification within and on file in the office ofthe Owner and Engineer, and such modifications ofthe same and
other directions that may be made by Owner as provided herein.
CONTRACT DOCUMENTS: It is further agreed that the said plans and specifications and the schedule of
rates and prices set forth in the bid proposal and the general and special provisions appended to this contract
agreement are hereby specifically refen-ed to and made a part ofthis contract, and shall have the same force and
effect as though all of same were fully inserted herein.
PAYMENTS: Forthe faithful performance ofthe work herein embraced, as setforth in the contract agreement,
general and special provisions, notice to contractors, instruction to bidders, proposals, general and detailed
specifications and plans, which are a part hereof, in accordance with the direction of the Owner and Owners
E ngineer and to their satisfaction. All invoices submitted prior to final completion ofthe project shall have ten
percent (10%) retainage withheld. At the time of final completion and Bidders submission ofthe final invoice
and certification ofactual quantities installed and workperformed and upon Owners approval and acceptance of
the project, Owner will issue a letter ofSubstantial Completion and Owner shall issue final payment to Bidder of
all amounts to which the Bidder is entitled.
IN WITNESS WHEREFORE, Bonneville School District No. 93, 3497 No1th Ammon Road, Idaho Falls,
Idaho 83401, executes this contract and does sign and seal the s~rrie, the day and year in this Contract fi t ~bove
written.
Bonneville School District No. 93
Contractor: HK Contractors, Inc
(Seal)
Party ofthe Second Part (ffCorporation,
President or Vice President, etc.)
D93/District 93 Parking Extension & Repair Projects Page 31
BIDDER AFFIDAVIT
The following affidavit shall be completed and executed by the bidder as a condition to award ofthe contract, in
conformity with the provisions of Section 112@ Title US Code.
STATE OF ~ID~A=H~O~______)
) SS.
Bonneville County"""""'ID~A~H~O~_____)
Comes now Craig Mathison , being first duly sworn, and deposes and says: That
he/she is the Vice President ofthe firm of HK Contractors, Inc
which said firm, in response to advertisement thereof, has submitted a bid for:
Bonneville School District No. 93 ~"District 93 Parking Extension & Repair Projects"
Your a:ftiant states that the said firm of HK Contractors, Inc
~~~~~~~~~~~~~~~~~~~~~~~~~
has not by or through any ofits officers, partners, owners or any other person associated therewith, either directly
or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint
of free, competitive bidding in connection with aforesaid, and is not financially interested in or otherwise
affiliated in a business way with any other bidder on this proposal.
~~~
(SignatUre)
Vice President
(Title)
Subscribed and sworn to before me this / 7 day of June , 2019.
~ NotaryPublicfo~~
Res1dmgat ~
Commission expiration date: ,;?-1 7 ~~3
ITIS PREFERRED THAT TIIlS FORM BESIGNEDASAPARTOF THE CONTRACTOR'S
PROPOSAL BUT MUST BE SIGNED BEFORE AWARD OF THE CONTRACT.
093/District 93 Parking Extension & Repair Projects Page 32
NOTICE ofAWARD
Project: District 93 Parking Extension
& Repair Projects
Owner: Bonneville School
District No. 93
Date: 6/12/2019
Contract: District 93 Parking Extension & Repair Projects Project No:
ERE 19032
Contractor: HK Contractors, Inc
Contractors Address: 6350 South Yellowstone Highway
Idaho Falls, Idaho 83402
You are notified that your bid dated May 30, 2019 for the above Contract has been considered. You are the
Successful Bidder and are awarded the Contract for the District 93 Parking Extension & Repair Projects.
The Contract Price ofyour Contract is: Three Hundred Fourteen Thousand Five Hundred Dollars and 00 Cents
($ 314,500.00 ). Includes: Thunder Stadium Parking Extension Project, Bus Parking Extension Project,
& Lincoln High School SD Pipe and Asphalt Repair Project
3 Copies ofthe Contract Documents accompany this award.
0 Sets of Plans accompany this award.
You must comply with the following conditions:
1. Deliver to the Owner (3) fully executed counterparts ofthe Contract Documents.
2. Proof of Liability, Workman's Compensation, Property Damage Insurance, and Surety
Bonds.
3. Other conditions precedent:---------------------
Failure to comply with th~se.~qnditions ~ithii: the time specified will entitle Owner to consider you in
default and Owner will annul the Notice of Award and declare your Bid Security forfeited.
After compliance with the above conditions, Owner will return to you one fully executed counterpart of
the Contract Documents.
Bonneville School District No. 93
Owner
Chairman ofthe Board ofTrustees
Title
1
Date
D93/District 93 Parking Extension & Repair Projects Page 33
NOTICE TO PROCEED
Project: District 93 Parking Extension &
Repair Projects
Owner: Bonneville
School District No. 93
Date: 6/12/2019
Contract: District 93 Parking Extension & Repair Projects Project No:
ERE 19032
Contractor: HK Contractors, Inc
Contractors Address: 6350 South Yellowstone Highway
Idaho Falls, Idaho 83402 ·
You are notified that the Contract times under the above contract will commence to start 6/14/2019
provided all bonding and insurance documents are included within the contract documents and all signatures
are in order, On or before that date, you are to stati petforming your obligations under the Contract
Documents. In accordance with the Agreement, work will be substantially completed by 8/20/2019
Before stati of any work at the site, the Supplementary Conditions require the Contractor to provide to the
Owner cetiificates ofinsurance including Proof ofLiability, Workman's Compensation, Property Damage and
Surety Bonds and maintain said documents during the course of the work in accordance with the Contract
Documents.
Other requirements needed prior to stati of work:
HK Contractors, Inc Bonneville School District No. 93
Contractor Owner
Received By: GivenBy: ~ Paue.~~--Craig f:ii:,
Owner Vice President Chairman ofthe Board ofTrustees
Title
Date Date
Copy to Engineer
D93/District 93 Parking Extension & Repair Projects Page 34