073-24 - Hawk's Heating & Air, LLC - ContractDocusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
CITY OF PORT ORCHARD SMALL WORKS 35K AND UNDER
CONSTRUCTION CONTRACT NO. 073-24
PUBLIC WORKS PROJECT NO. PW2024-018
THIS AGREEMENT is made effective as of the 16th day of September, 2024, by and
between
CITY OF PORT ORCHARD, WASHINGTON, ("CITY"), a Washington municipal corporation
located at:
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone:360.876.4407 Fax: 360.895.9029
and
Hawk's Heating & Air, LLC ("CONTRACTOR"), a Washington limited liability company
doing business at:
1305 Ponderosa Ave, Seven Bays WA 99122-8756
Mailing: PO Box 2041, Buckley, WA 98321
Contact: Brandon Froemke Phone: 206 867-0086
Email: admin@hawksheatingandair.com
for the following Project:
87 Sidney (Library) HVAC Repairs ("PROJECT")
In consideration of the mutual benefits to both parties, both Parties agree to the
following:
AGREEMENT:
1. Contract Documents. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively referred to as the
"Contract" and/or "Contract Documents":
a. This Agreement signed by the City and the Contractor;
b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction,
2022 edition, together with APWA Supplement (1-99), subject to specific provisions
contained within the Public Works Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. 2018 International Building Code (IBC) and 2018 Energy Code Compliance.
e. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
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f. Public Works Terms and Conditions;
g. Insurance and Bonding Requirements;
h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when
inconsistent with Contract Documents a-g;
i. 2019 Public Works Engineering Standards;
j. Appendix A: Non -Discrimination Statutes and Authorities; and
k. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-j.
All of the above listed Contract Documents are each made exhibits to this Agreement and are
incorporated into the Agreement as if set forth in full. The intent of the Contract Documents is
to include all items necessary for the proper execution and completion of the Work by the
Contractor. These Contract Documents complement each other in describing a complete work.
Any requirement in one document binds as if stated in all. The Contractor shall provide any work
or materials clearly implied in the Contract even if the Contract does not mention it specifically.
2. Date of Commencement and Substantial Completion Date. The date of commencement
shall be September 16, 2024, The Contractor shall substantially complete the Work not later
than December 31, 2024, subject to adjustment by change order.
3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance
with the above -described Construction Contract Documents. The Contractor shall provide
and bear the expense of all equipment, work, and labor of any sort whatsoever that may be
required for the transfer of materials and for constructing and completing of the work
provided for in these Construction Contract Documents, except those items mentioned
therein to be furnished by the City. Contractor represents that the services furnished under
this Agreement will be performed in accordance with generally accepted professional
practices in effect at the time such services are performed.
4. Subject to additions and deductions by change order, the construction maximum payment is
the base bid amount of $1,663.10 (applicable sales tax included) (hereinafter "Contract
Sum"). The construction Contract Sum shall include all items and services necessary for the
proper execution and completion of the work. The City hereby promises and agrees with the
Contractor to employ and does employ the Contractor to provide the materials and to do and
cause to be done the work described in the Construction Contract Documents and to
complete and finish the same according to the plans and specifications and the terms and
conditions herein contained; and hereby contracts to pay for the same at the time and in the
manner and upon the conditions provided for in this Contract.
5. The Contractor agrees to comply with all state and federal laws relating to the employment
of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types
and in the amounts set forth in the Construction Contract Documents. The Contractor
warrants that it is licensed and authorized to do business under the laws of the State of
Washington and has not been suspended or debarred in the past three (3) years.
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6. The Contractor agrees to repair and replace all property of the City and all property of others
damaged by Contractor, Contractor's employees, sub -contractors, and agents.
7. The Contractor does hereby agree to the full performance of all the covenants herein upon
the part of the Contractor. Such agreement shall be binding upon Contractor's heirs,
executors, administrators, successors, and assigns.
8. It is further provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
9. Title VI.
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of
Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted
programs of the Department of Transportation issued pursuant to such Act, must affirmatively
insure that its contracts comply with these regulations.
Also, in accordance with Title VI, the City is required to include the following clauses in every
contract subject to Title VI and its related regulations.
Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees,
and successors in interest agrees as follows:
a. Compliance with Regulations: The Contractor will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S.
Department of Transportation, Federal Highway Administration (FHWA), as they may be
amended from time to time, which are herein incorporated by reference and made a part
of this Agreement.
b. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor will not participate
directly or indirectly in the discrimination prohibited by the Acts and the Regulations as
set forth in Appendix A, attached hereto and incorporated herein by this reference,
including employment practices when this Agreement covers any activity, project, or
program set forth in Appendix B of 49 C.F.R. part 21.
c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding, or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be notified by the Contractor
of the Contractor's obligations under this Agreement and the Acts and the Regulations
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relative to Non-discrimination on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP.
d. Information and Reports: The Contractor will provide all information and reports
required by the Acts, the Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the City or the FHWA to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information
required of the Contractor is in the exclusive possession of another who fails or refuses
to furnish the information, the Contractor will so certify to the City or the FHWA, as
appropriate, and will set forth what efforts it has made to obtain the information.
e. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
Non-discrimination provisions of this Agreement, the City will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including, but not limited
to:
1. withholding payments to the Contractor under the Agreement until the
Contractor complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
f. Incorporation of Provisions: The Contractor will include the above provisions of
paragraphs 9.a through 9.f in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Acts, the Regulations and directives issued
pursuant thereto. The Contractor will take action with respect to any subcontract or
procurement as the City or the FHWA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the Contractor becomes involved
in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Contractor may request the City to enter into any litigation to protect the
interests of the City. In addition, the Contractor may request the United States to enter
into the litigation to protect the interests of the United States.
10. Public Records Act Chapter 42.56 RCW. Contractor understands that her/his bid response
documents, and any contract documents may be subject to release under the Public Records
Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a
request. Contractor acknowledges that s/he has been advised to mark any records believed
to be trade secrets or confidential in nature as "confidential." If records marked as
"confidential" are found to be responsive to the request for records, the City as a courtesy to
the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor
to seek a protective order from a Court. Contractor acknowledges and agrees that any
records deemed responsive to a public records request may be released at the sole discretion
of, and without notice by, the City.
11. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two-
year warranty bond in the amount of twenty percent (20%) of the contract price a form and
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amount acceptable to the City. The Contractor shall correct all defects in workmanship and
materials within two (2) years from the date of the City's acceptance of the Contract work,
including replacing vegetation that fails to thrive. In the event any parts are repaired or
replaced, only original replacement parts shall be used —rebuilt or used parts will not be
acceptable. When defects are corrected, the warranty for that portion of the work shall
extend for one (1) additional year from the date such correction is completed and accepted
by the City. The Contractor shall begin to correct any defects within seven (7) calendar days
of its receipt of notice from the City of the defect. If the Contractor does not accomplish the
corrections within a reasonable time as determined by the City, the City may complete the
corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
12. Indemnification. Contractor shall defend, indemnify, and hold the City, its officers, officials,
employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses
or suits, including all legal costs and attorney fees, arising out of or in connection with the
Contractor's performance of this Agreement, except for that portion of the injuries and
damages caused by the sole negligence of the City.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this agreement.
13. Miscellaneous Provisions.
a) Non -Waiver of Breach. The failure of the City to insist upon strict performance of any
of the covenants and agreements contained in this Agreement, or to exercise any
option conferred by this Agreement in one or more instances shall not be construed
to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in full force and effect.
b) Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are
unable to settle any dispute, difference or claim arising from the parties' performance
of this Agreement, the exclusive means of resolving that dispute, difference or claim,
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shall only be by filing suit exclusively under the venue, rules and jurisdiction of the
Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for
damages arising from the parties' performance of this Agreement, each party shall
pay all its legal costs and attorney's fees incurred in defending or bringing such claim
or lawsuit, including all appeals, in addition to any other recovery or award provided
by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
c) Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified
to the contrary. Any written notice hereunder shall become effective three (3)
business days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
d) Assignment. Any assignment of this Agreement by either party without the written
consent of the non -assigning party shall be void. If the non -assigning party gives its
consent to any assignment, the terms of this Agreement shall continue in full force
and effect and no further assignment shall be made without additional written
consent.
e) Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
f) Entire Agreement. The written provisions and terms of this Agreement, together with
any Exhibits attached hereto, shall supersede all prior verbal statements of any officer
or other representative of the City, and such statements shall not be effective or be
construed as entering into or forming a part of or altering in any manner this
Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with
any language contained in this Agreement, the terms of this Agreement shall prevail.
g) Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become
applicable to Contractor's business, equipment, and personnel engaged in operations
covered by this Agreement or accruing out of the performance of those operations.
h) Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall constitute an original, and all of which will together constitute this one
Agreement.
City of Port Orchard and Hawk's Heating and Air, LLC
Public Works Project No. PW2024-018
Rev. IBDR 4-2022
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed
on the date first written above.
CITY OF PORT ORCHARD
Signed by:
Fhb PlfaAV SWA,
Robert Putannsuu, Mayor
ATTEST/AUTHENTICATE:
DocuSigned by:
�)affAGt,
4600418._.
Brandy Wallace, MMC, City Clerk�T
APPROVED AS TO FORM:
Signed by:
^z
Charlotte A. Archer, City Attorney
City of Port Orchard and Hawk's Heating and Air, LLC
Public Works Project No. PW2024-018
101011Y:1I841181
r
Rev. IBDR 4-2022
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, (Corporate Officer (Not Contract Signer))
certify that I am the (Corporate Title) of the
corporation named as the Contractor in the Agreement attached hereto; that
, (Contract Signer) who signed said Agreement on behalf
of the Contractor, was then (Corporate Title) of said corporation;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
Corporate Seal
Corp. officer signature (not contract signer)
Printed
Title
State of
County of
ss
, (corporate officer (not contract signer)) being duly
sworn, deposes and says that they are (Corporate Title) of
(Name of Corporation)
Subscribed and sworn to before me this day of 120
Notary Public (Signature)
Notary Public (Print)
My commission expires
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Public Works Project No. PW2024-018
Rev. IBDR 4-2022
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CITY OF PORT ORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2022 edition, together with the APWA Supplement
(Section 1-99), as issued by the Washington State Department of Transportation and American
Public Works Association, Washington State Chapter, hereinafter referred to as the "standard
specifications". The standard specifications, except as they may be modified or superseded by
these provisions, shall govern all phases of work under this Contract, and they are by reference
made an integral part of these specifications and Contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material,
equipment, tools, overhead and compensation, supplies, taxes, utilities, and other incidentals
necessary to complete the work in a fully functional and operational state. All prices including bid
prices are in US funds.
2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor"
means the successful bidder who has satisfied the requirements for the award and who receives
a contract executed by the City. "Bidder" means the person, firm or corporation that has made
an offer in response to the invitation to bid. "Work" means the construction and services required
by the Contract Documents, whether completed or partially completed, and includes all other
labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of
registration per chapter 18.27 RCW; a current state unified business identifier number; and if
applicable, industrial insurance coverage for the bidder's employees working in Washington, an
Employment Security Department number, and a state excise tax registration number. In
addition, the bidder must not be disqualified from bidding on any public works contracts under
RCW 39.06.010 or 39.12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders
are warned to take into consideration statutory legal requirements, particularly, the payment of
prevailing wages and fringe benefits, payment and performance bonds and sales tax implications
in making their bids. It is the sole responsibility of the bidder to ensure that the appropriate labor
classification(s) are identified and that the applicable wage and benefit rates are taken into
consideration when preparing their bid according to these specifications. The Contractor shall
complete and file State of Washington, Department of Labor & Industries, Statement of Intent to
Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their
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requirements. The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms.
5. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with
Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall
submit -- on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay
Prevailing Wages," which must be approved by the Department of Labor and Industries (See link
below.) Following the final acceptance of the project, the Contractor must submit -- on behalf of
itself and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments
shall be made in accordance with the requirements of Chapter 39.12 RCW.
Refer to https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ for
Washington State Prevailing Wage rates.
6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the
Attachment entitled "Insurance Requirements."
7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be
by written addenda only.
8. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes
to perform all work for this project in strict accordance with the Contract Documents, at the
Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this Contract.
9. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item.
It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when
applicable.
10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a
discrepancy between the numerical unit price and the written (words) unit price is found, the
written (words) unit price shall control.
11. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees
required in the performance of this Contract, including those charged under RCW 39.12.070 by
the Department of Labor and Industries for the approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid, etc. The Department may also charge fees
to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The
Contractor is responsible for all fees resulting from these statutes.
12. CONTRACT: The Contract, when properly signed, will be the only form that will be recognized
by the City as an award. The executed Contract supersedes all previous communications and
negotiations, except as referenced herein, and constitutes the entire agreement between the
City and Contractor (Parties), except as provided herein. The Contractor shall not make any
changes, alterations, or variations in the terms of the Contract without the written consent of
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the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted
in writing by the City. The successful bidder may not assign the Contract resulting from this
invitation to bid without the City's prior written consent. No waiver by the City of a breach of any
provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of
any other breach of such provision or of any other provisions.
13. CHANGES: The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a
change order is necessary, Contractor must submit a written change order request to the person
listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the
date Contractor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Contractor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adjustments. However, if the
parties are unable to agree, the City will determine the equitable adjustment as it deems
appropriate. The Contractor shall proceed with the change order work upon receiving either a
written change order from the City or an oral order from the City before actually receiving the
written change order. If the Contractor fails to require a change order within the time specified
in this paragraph, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment, the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided in subsections A through E of Section
13 entitled, "Claims," below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that
is accepted by Contractor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect, and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
14. CLAIMS: If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor may file a claim as provided in this section. The
Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of
the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of
the date the Contractor knew or should have known of the facts or events giving rise to the claim,
whichever occurs first. Any claim for damages, additional payment for any reason, or extension
of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections
A, items 1 through 5 below.
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FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME
ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE
FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the
following information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City shall have access to
any of the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the City
determines that a claim is valid, the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor shall proceed promptly to provide the goods, materials and services required by the
City under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions, interpretations,
and determination).
15. LIMITATION OF ACTIONS: CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE
DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR
SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
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16. WORK PERFORMED AT CONTRACTOR'S RISK: Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for
any loss of or damage to materials, tools, or other articles used or held for use in connection with
the work.
17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with
all applicable local, state, or federal laws and regulations and agrees to indemnify and defend the
City against any loss, cost, liability, or damage, including reasonable attorney's fees, by reason of
successful bidder's violation of this paragraph.
19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under
the following conditions: 1) by mutual written agreement; 2) by the City for breach by the
Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of the City, require the Contractor to assume liability for any and all
damages, including the excess of re -procuring similar products or services; 3) for convenience of
the City; or 4) by the City for non -appropriation of funds.
A. Termination for Cause. The City may, upon 7 days written notice to Contractor and to its
surety, terminate (without prejudice to any right or remedy of the City) the contract, or any
part of it, for cause upon the occurrence of any one or more of the following events:
Contractor fails to complete the work or any portion thereof with sufficient diligence to
ensure substantial completion of the work within the contract time; Contractor is adjudged
bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is
appointed on account of its insolvency; Contractor fails in a material way to replace or correct
work not in conformance with the Contract Documents, Contractor repeatedly fails to supply
skilled workers or proper materials or equipment; Contractor materially disregards or fails to
comply with laws, ordinances, rules, regulations, or orders of any public authority having
jurisdiction; or Contractor is otherwise in material breach of any provision of the contract.
Upon termination, the City may, at its option, take possession of or use all documents,
materials, equipment, tools, and construction equipment and machinery thereon owned by
Contractor to maintain the orderly progress of, and to finish, the work, and finish the work
by whatever other reasonable method it deems expedient.
B. Termination for Convenience. The City may, upon written notice, terminate (without
prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience
of the City.
C. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to
make a request for an equitable adjustment for its reasonable direct costs incurred prior to
the effective date of the termination, plus a reasonable allowance for overhead and profit on
work performed prior to termination, plus the reasonable administrative costs of the
termination, but shall not be entitled to any other costs or damages, whatsoever, provided
City of Port Orchard and Hawk's Heating and Air, LLC Rev. ISDR 4-2022
Public Works Project No. PW2024-018
Page 13 of 33
Docusign Envelope ID: 84E033A9-D14E-4DEF-A970-3E2AOF2CFFOD
however, the total sum payable upon termination shall not exceed the Contract Sum reduced
by prior payments.
20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these
terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the
contrary.
21. PAYMENT: Contractor shall maintain time and expense records and provide them to the City
along with monthly invoices in a format acceptable to the City for work performed to the date of
the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If
the services rendered to not meet the requirements of the Contract, Contractor will correct or
modify the work to comply with the Contract. City may withhold payment for such work until the
work meets the requirements of the Contract.
22. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree
to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly through negotiation. Either party may give the other party written
notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a
statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute,
the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute;
(b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to
mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be
selected by the mutual agreement of the parties; (c) If the mediation does not result in a
settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial
Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction
rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree,
the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the
decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington;
provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall
be held in such location as the Parties may agree after consulting with JAMS.
City of Port Orchard and Hawk's Heating and Air, LLC Rev. ISDR 4-2022
Public Works Project No. PW2024-018
Page 14 of 33
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CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with
the City, insurance as described herein, without interruption from commencement of the
Contractor's work through the term of the contract and for thirty (30) days after the physical
completion date, unless otherwise indicated herein. Such insurance shall be against claims for
injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, their agents, representatives, employees,
and subcontractors and shall meet the requirements herein.
No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law
or in equity.
Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described
below:
• Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
• Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, stop gap liability, independent
contractors, products -completed operations, personal injury and advertising injury and
liability assumed under an insured contract. The Commercial General Liability insurance
shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
1185 or an equivalent endorsement. There shall be no endorsement or modification of
the Commercial General Liability Insurance for liability arising from explosion, collapse, or
underground property damage. The City shall be named by endorsement as an additional
insured underthe Contractor's Commercial General Liability insurance policy with respect
to the work performed for the City using ISO Additional Insured endorsement CG or
substitute endorsements providing equivalent coverage.
• Workers' Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
• Employers' Liability coverage to include bodily injury, and bodily injury by disease.
Employers Liability coverage may be included in the Contractor's General Liability
Coverage or as a stand-alone policy.
City of Port Orchard and Hawk's Heating and Air, LLC Rev. ISDR 4-2022
Public Works Project No. PW2024-018
Page 15 of 33
Docusign Envelope ID: 84E033A9-D14E-4DEF-A970-3E2AOF2CFFOD
• Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and
Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
temporary buildings, and debris removal. The Builders Risk insurance covering the work
will have a deductible of $5,000 (or less) for each occurrence, which will be the
responsibility of the Contractor. Higher deductibles for flood and earthquake perils may
be accepted by the City upon written request by the Contractor and written acceptance
by the City. Any increased deductibles accepted by the City will remain the responsibility
of the Contractor. The Builders Risk insurance shall be maintained until final acceptance
of the work by the City.
• Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability
Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit
$1,000.000.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
• Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000.000 per accident.
• Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -
completed operations aggregate limit.
• Builders Risk insurance shall be written in the amount of the completed value of the
project with no coinsurance provisions.
• Workers' Compensation insurance as required by the State of Washington.
• Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum
limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000
disease - policy limit.
The City will not be responsible for payment of industrial insurance premiums or for any other
claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which
might arise under the industrial insurance laws during the performance of duties and services
under this contract. If the Department of Labor and Industries, upon audit, determines that
industrial insurance payments are due and owing as a result of work performed under this
contract, those payments shall be made by the Contractor; the Contractor shall indemnify the
City and guarantee payment of such amounts.
City of Port Orchard and Hawk's Heating and Air, LLC
Public Works Project No. PW2024-018
Rev. IBDR 4-2022
Page 16 of 33
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Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available
limits of Commercial General and Excess or Umbrella liability maintained by the Contractor,
irrespective of whether such limits maintained by the Contractor are greater than those required
by this contract or whether any certificate of insurance furnished to the Public Entity evidences
limits of liability lower than those maintained by the Contractor.
Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General Liability
and Builders Risk insurance policies are to contain or be endorsed to contain that they shall be
primary insurance as respects the City. Any insurance, self-insurance or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it. If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended
reporting period shall be included with the claims made policy, and proof of this extended
reporting period shall be provided to the City.
Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, including but not limited to the
Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented
by the Contractor, or the Contractor's agents, suppliers, or contractors as well as any temporary
structures, scaffolding and protective fences.
Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors,
Sub -subcontractors, agents, and employees, for damages caused by fire or other perils to the
extent covered by Builders Risk insurance or other property insurance obtained pursuant to this
Insurance Requirements Section of the Contract or other property insurance applicable to the
work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the
City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not
waive its right to subrogation against the Contractor. The Contractor's insurance shall be
endorsed acknowledging that the City will not waive its right to subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than ANIL
Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of
the Contractor before commencement of the work. Before any exposure to loss may occur, the
Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all
applicable conditions, exclusions, definitions, terms, and endorsements related to this project.
Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein (with the exception of Builders Risk insurance. The Contractor shall ensure that
the Public Entity is an additional insured on each and every Subcontractor's Commercial General
City of Port Orchard and Hawk's Heating and Air, LLC Rev. ISDR 4-2022
Public Works Project No. PW2024-018
Page 17 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City. The Contractor shall provide the City
and all Additional Insureds for this work with written notice of any policy cancellation, within two
business days of their receipt of such notice.
Failure to Maintain Insurance. The insurance required by this Section will not be canceled,
materially changed, or altered without forty-five (45) days prior written notice submitted to the
City. Failure on the part of the Contractor to maintain insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days' notice to
the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with
any sums so expended to be repaid to the City on demand, or at the sole discretion of the City,
offset against funds due the Contractor from the City.
City of Port Orchard and Hawk's Heating and Air, LLC Rev. ISDR 4-2022
Public Works Project No. PW2024-018
Page 18 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT
BOND OR ADDITIONAL RETAINAGE
(APPLICABLE TO CONTRACTS OF $150,000 OR LESS — RCW 39.08.010)
Note 1: This form must be submitted at the time the Contractor executes the Contract. The
Contractor shall designate the option, where applicable, desired by checking the appropriate
space.
Note 2: Regardless of choice under Section 2 of this form, the Contractor will be required to
provide a warranty/maintenance bond effective at project close out prior to either release of the
performance bond or release of the 10% retainage.
1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a).
2. In addition, the Contractor elects to (select one):
(1) Furnish a performance and payment bond in the amount of the total
contract sum. An executed performance and payment bond on the required form
is included with the executed contract documents.
2) Have the City retain, in lieu of the performance and payment bonds,
an dditional 5% for a total of ten percent (10%) of the total contract amount for
a period of thirty days after date of final acceptance, or until receipt of all
necessary releases from the department of revenue, the employment security
department, and the department of labor and industries and settlement of any
liens filed under chapter 60.28 RCW, whichever is later. (RCW 39.08.010)
In choosing option 2, the Contractor agrees that if the Contractor, its heirs,
executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and
agreements in the Contract, and shall faithfully perform all the provisions of such
Contract and shall also well and truly perform and fulfill all the undertakings,
covenants, terms, conditions and agreements of any and all duly authorized
modifications of the Contract that may hereafter be made, at the time and in the
manner therein specified, and shall pay all laborers, mechanics, subcontractors,
and materialmen, and all persons who shall supply such person or persons, or
subcontractors, with provisions and supplies for the carrying on of such work, on
his or her part, and shall defend, indemnify, and save harmless the City of Port
Orchard, Washington, its officers and agents from any claim for such payment,
then the funds retained in lieu of a performance bond shall be released at the time
provided in said option 2; otherwise, the funds shall be retained until the
Contractor fulfills the said obligations.
Contractor Signature, Date
Bond No.
City of Port Orchard and Hawk's Heating and Air, LLC Rev. IBDR 4-2022
Public Works Project No. PW2024-018 Page 19 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
We,
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
87 Sidney (Library) HVAC Repair
PUBLIC WORKS PROJECT NO. PW2024-018
Bond to City of Port Orchard, Washington
ncipal)
Bond No.
and ,
(Surety)
a Corporation, and as a surety corporation authorized
to become a surety upon\bdsto
of Contractors with municipal corporations in Washington State,
are jointly and severally the City of Port Orchard, Washington ("Owner"), in the penal
sum of Dollars
($ ), the pa\_,_,tween
ich sum, on demand, we bind ourselves and our
successors, heirs, administratorr personal representatives, as the case maybe. This
Performance Bond is providedhe performance of Principal in connection with a
contract dated een Principal and Owner for a project entitled 87
Sidney (Library) HVAC Repair, s Project No. PW2024-018 ("Contract"). The initial
penal sum shall equal 100 percI Bid Price, including sales tax, as specified in the
Proposal submitted by Principal
NOW, THEREFORE, this Performance and Payment nd shall be satisfied and released only upon
the condition that Principal, its heirs, executors, admi 'strat0rs, successors, or assigns:
• Faithfully performs all provisions of the Contra%ae
d changes authorized by Owner in
the manner and within the time specified as mextended under the Contract;
• Pays all laborers, mechanics, subcontractors, low tier subcontractors, material
persons, and all other persons or agents who supply I or, equipment, or materials
to the Project;
• Pays the taxes, increases and penalties incurred on the Proje under Titles 50, 51 and
82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); a d/or (B) Projects for
which the bond is conditioned on the payment of such taxes, incr ses and penalties;
and
• Posts atwo-year warranty/maintenance bond to secure the project. SU bond shall
be in the amount of twenty percent (20%) of the project costs.
Provided, further that this bond shall remain in full force and effect until released in w ' ing by
the City at the request of the Surety or Principal.
The Surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect
loss resulting from the failure:
City of Port Orchard and Hawk's Heating and Air, LLC Rev. ISDR 4-2022
Public Works Project No. PW2024-018
Page 20 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
• Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors
of the Principal) to faithfully perform the contract; or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to
ay all laborers, mechanics, subcontractors, lower tier subcontractors, material
p son, or any other person who provides supplies or provisions for carrying out the
wor .
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
Principle and Surety aglvie that if the Owner is required to engage the services of an attorney in
connection with enforce nt of this bond each shall pay the Owner reasonable attorney's fees,
whether or not suit is i rnm nced, in addition to the penal sum.
No change, extension of time, a I
ration, or addition to the terms of the Contract or to the Work
to be performed under the Co tact shall in any way affect Surety's obligation on the
Performance Bond. Surety hereby w 'ves notice of any change, extension of time, alteration, or
addition to the terms of the Contractor he Work, with the exception that Surety shall be notified
if the Contract time is extended by more an twenty percent (20%).
If any modification or change increases the to I amount to be paid under the Contract, Surety's
obligation under this Performance and Pa, t Bond shall automatically increase in a like
amount. Any such increase shall not exceed twent -five percent (25%) of the original amount of
the Performance and Payment Bond without the pri written consent of Surety.
This Performance and Payment Bond shall be governed'and construed by the laws of the State
of Washington, and venue shall be in Kitsap County, Washihgton.
IN WITNESS WHEREOF, the parties have executed this i trument in two (2) identical
counterparts this day of , 20
Principal
Signature of Authorized Official
LA
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
Surety
Signature of Authorized OfNial
0
Attorney in Fact (Attach Power ofAttorney)
Surety companies executing bonds must appear on the current Authorized Insurance List in the
State of Washington per Section 1-02.7 of the Standard Specifications.
City of Port Orchard and Hawk's Heating and Air, LLC Rev. 1sDx 4-2022
Public Works Project No. PW2024-018
Page 21 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF )
ss.
COUNTY OF )
On this day of
for the State
appeared
boxes):
El
corporation,
20 , before me, the undersigned, a Notary Public in and
Washington, duly commissioned and sworn, personally
, to me known to be the (check one of the following
of
the
❑ of , the
partnership,
❑ individual,
that executed the foregoing instrument to be e free and voluntary act and deed of said ❑
corporation, ❑ partnership, ❑ individual for the ses and purposes therein mentioned, and on
oath stated that they are authorized to execute sai nstrument.
WITNESS my hand and official seal hereto affixed the da and year first above written.
Print or type nam
NOTARY PUBLIC%of
in and for the Staashington
Residing at
My Commission expires:
Notary Seal with Ink Stamp
City of Port Orchard and Hawk's Heating and Air, LLC
Public Works Project No. PW2024-018
Rev. IBDR 4-2022
Page 22 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
SURETY ACKNOWLEDGEMENT
STATE OK )
) ss.
COUNTY OF
On this y of 20 , before me, the undersigned, a Notary
Public in and for he State of Washington, duly commissioned and sworn, personally
appeared , to me known to be the
of the corporation that executed the foregoing
instrument, and acknowle ed the said instrument to be the free and voluntary act and deed of
said corporation, for the use and purposes therein mentioned, and on oath stated that they are
said inst authorized to execute ment.
WITNESS my hand and official seal`�ereto affixed the day and year first above written.
nt or type name
NOT. RY PUBLIC,
in an for the State of Washington
Residing
My Commission 4pires:
Notary Seal with Ink Stamp
City of Port Orchard and Hawk's Heating and Air, LLC
Public Works Project No. PW2024-018
Rev. IBDR 4-2022
Page 23 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
(Note: ntractor will be required to provide a two-year warranty/maintenance bond effective
at oroiect lose out prior to either release of the performance bond or release of the 10%
retainage.)
PROJECT#, PERMIT#, PW2024-018
CONTRACT #
SURETY BOND #:
DATE POSTED:
EXPIRATION DATE:
RE: Project NamX87Siey (Library) HVAC Repair
Owner/Developer/Contr for
Project Address: 87 Sidney ve
KNOW ALL PERSONS BY THESE PR SENTS: That we, (hereinafter called the
"Principal"), and , a corporation organized under the laws of the State
of and authori d to transact surety business in the State of
Washington (hereinafter called the "Surety"), e held and firmly bound unto the City of Port
Orchard, Washington, in the sum of
dollars ($ ) 20% Total Contract Amount,
for the payment of which sum we and each
administrators, successors and assigns, jointly and s
of the above obligation are such that:
I money of the United States of America,
bind ourselves, our heirs, executors,
Iy, by these presents. THE CONDITIONS
WHEREAS, the above -named Principal has constructed nd installed certain improvements
on public property in connection with a project as described abo within the City of Port Orchard;
and
WHEREAS, the Principal is required to post a bond for the twenty our (24) months following
written and final acceptance of the project in order to provide security r the obligation of the
Principal to repair and/or replace said improvements against defects in wor anship, materials or
installation during the twenty-four (24) months after written and final approv /acceptance of the
same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby subfitted to the
City. It is understood and agreed that this obligation shall continue in effect until releas in writing
by the City, but only after the Principal has performed and satisfied the following conditio s:
A. The work or improvements installed by the Principal and subject to the terms and con itions
of this Bond are as follows: (insert complete description of work here)
City of Port Orchard and Hawk's Heating and Air, LLC Rev. ISDR 4-2022
Public Works Project No. PW2024-018
Page 24 of 33
Docusign Envelope ID: 84E033A9-D14E-4DEF-A970-3E2AOF2CFFOD
B. a Principal and Surety agree that the work and improvements installed in the above -
reference roject shall remain free from defects in material, workmanship and installation (or, in
the case of la dscaping, shall survive,) for a period of twenty-four (24) months after written and final
acceptance of e same and approval by the City. Maintenance is defined as acts carried out to
prevent a decline, apse or cessation of the state of the project or improvements as accepted by the
City during the twe y-four (24) month period after final and written acceptance, and includes, but
is not limited to, repal or replacement of defective workmanship, materials or installations.
C. The Principal shal at its sole cost and expense, carefully replace and/or repair any damage
or defects in workmanship, materials or installation to the City -owned real property on which
improvements have been ins Iled, and shall leave the same in as good condition as it was before
commencement of the work.
D. The Principal and the Surety gree that in the event any of the improvements or restoration
work installed or completed by the Pr cipal as described herein, fail to remain free from defects in
materials, workmanship or installation ( in the case of landscaping, fail to survive), for a period of
twenty-four (24) months from the date of proval/acceptance of the work by the City, the Principal
shall repair and/replace the same within ten 10) days of demand by the City, and if the Principal
should fail to do so, then the Surety shall:
1. Within twenty (20) days of deman of the City, make written commitment to the
City that it will either:
a). remedy the default itself with easonable diligence pursuant to a time
schedule acceptable to the City; or
b). tender to the City within an additiona en (10) days the amount necessary,
as determined by the City, for the City to emedy the default, up to the total
bond amount.
Upon completion of the Surety's duties under either o e options above, the Surety
shall then have fulfilled its obligations under this bond. the Surety elects to fulfill
its obligation pursuant to the requirements of subsection D )(b), the City shall notifytio the Surety of the actual cost of the remedy, upon compleof the remedy. The
City shall return, without interest, any overpayment made by he Surety, and the
Surety shall payto the City any actual costs which exceeded the Cit estimate, limited
to the bond amount.
2. In the event the Principal fails to make repairs or provide maintenanc within the
time period requested by the City, then the City, its employees and agents hall have
the right at the City's sole election to enter onto said property described a ve for
the purpose of repairing or maintaining the improvements. This provision sha not
be construed as creating an obligation on the part of the City or its representati s
to repair or maintain such improvements.
City of Port Orchard and Hawk's Heating and Air, LLC Rev. ISDR 4-2022
Public Works Project No. PW2024-018
Page 25 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
E. Corrections. Any corrections required by the City shall be commenced within ten (10) days
of notification by the City and completed within thirty (30) days of the date of notification.
\r1f
the work is not performed in a timely manner, the City shall have the right, without
course to legal action, to take such action under this bond as described in Section D above.
F. Extel sions and Changes. No change, extension of time, alteration or addition to the work
to be rformed by the Principal shall affect the obligation of the Principal or Surety on this
bond, u ess the City specifically agrees, in writing, to such alteration, addition, extension or
change. e Surety waives notice of any such change, extension, alteration or addition
thereunder.
G. Enforcement. I 's specifically agreed by and between the parties that in the event any legal
action must bet en to enforce the provisions of this bond or to collect said bond, the
prevailing party sha e entitled to collect its costs and reasonable attorney fees as a part of
the reasonable costs securing the obligation hereunder. In the event of settlement or
resolution of these issue prior to the filing of any suit, the actual costs incurred by the City,
including reasonable attor ey fees, shall be considered a part of the obligation hereunder
secured. Said costs and rea nable legal fees shall be recoverable by the prevailing party,
not only from the proceeds of is bond, but also over and above said bond as a part of any
recovery (including recovery on a bond) in any judicial proceeding. The Surety hereby
agrees that this bond shall be gove ed by the laws of the State of Washington. Venue of
any litigation arising out of this bond all be in Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain ' I full force and effect until the obligations secured
hereby have been fully performed and unt released in writing by the City at the request of
the Surety or Principal.
DATED this day of , 20_.
SURETY COMPANY DEV OPER/OWNER
(Signature must be notarized) (Signature mus a notarized)
By: By
Its Its
Business Name: Business Name:
Business Address: Business Address:
City/State/Zip Code: City/State/Zip Code:
Telephone Number: Telephone Number:
CITY OF PORT ORCHARD
By: Date:
Its: Public Works Director
City of Port Orchard and Hawk's Heating and Air, LLC
Public Works Project No. PW2024-018
Rev. IBDR 4-2022
Page 26 of 33
Docusign Envelope ID: 84E033A9-D14E-4DEF-A970-3E2AOF2CFFOD
City of Port Orchard and Hawk's Heating and Air, LLC Rev. IBDR 4-2022
Public Works Project No. PW2024-018
Page 27 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
M P-1 / NOTARY BLOCK
doper/Owner)
STATE OF SHINGTON )
) ss.
COUNTY OF KI AP )
I certify that I k ow or have satisfactory evidence that is the person
who appeared before e, and said person acknowledged as the
of that they signed this instrument, on oath stated that
they are authorized to execu e the instrument and acknowledged it to be their free and voluntary
act for the uses and purposes m ntioned in the instrument.
Dated:
(print or type name)
TARY PUBLIC in and for the
Sta of Washington, residing
at:
My Co mission expires:
City of Port Orchard and Hawk's Heating and Air, LLC Rev. ISDR 4-2022
Public Works Project No. PW2024-018
Page 28 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
(%ORM P-2 / NOTARY BLOCK
rety Company)
STA E OF WASHINGTON )
) ss.
COUN F )
I certify at I know or have satisfactory evidence that is the person
who appea d before me, and said person acknowledged as the
of that they
signed this instrum nt, on oath stated that they are authorized to execute the instrument and
acknowledged it to b their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and Hawk's Heating and Air, LLC
Public Works Project No. PW2024-018
Rev. IBDR 4-2022
Page 29 of 33
Docusign Envelope ID: 84E033A9-D14E-4DEF-A970-3E2AOF2CFFOD
APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees, and successors
in interest agrees to comply with the following non-discrimination statutes and authorities;
including but not limited to the following Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on
the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms "programs or activities" to include all of the programs or activities of the Federal -
aid recipients, sub -recipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-
12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts
37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately
high and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
City of Port Orchard and Hawk's Heating and Air, LLC Rev. ISDR 4-2022
Public Works Project No. PW2024-018
Page 30 of 33
Docusign Envelope ID: 84E033A9-D14E-4DEF-A970-3E2AOF2CFFOD
Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100); and
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Hawk's Heating and Air, LLC
Public Works Project No. PW2024-018
Rev. IBDR 4-2022
Page 31 of 33
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
Hawk's Heating and Air LLC
P.O. Box 2041
Buckley, WA 98321
Presented to:
City of Port Orchard
87 Sidney Ave
Port Orchard, WA 98366
Customer Contact:
M:3609008095
E: cesguerra@portorchardwa.gov
Ductless Service
1 TON LEVEL 3 COIL REMOVAL & CLEANING
HAWKS
®® HEATING & AIR
INVOICE
Unpaid
Job #
1381
Job Name
HVAC Cleaning &
Diagnostic
Invoice #
1-1381-1
Technician
Brandon Froemke
Issue Date
Sep 03 2024
Payment Terms
Net 30
Due Date
Dec 03 2024
T604270 - 1 TON LEVEL 3 COIL REMOVAL & CLEANING - DOES NOT INCLUDE ANY MATERIALS TO RECONNECT
REFRIGERANT LINES IF COIL IS DISCONECTED. MINIMUM DRAIN FITTINGS AND CHEMICALS TO CLEAN THE COIL
ARE INCLU - TO PREVENT POSSIBLE MOLD FROM BEING DISPERSED IN YOUR HOME, YOU MUST KEEP YOUR
EVAPORATOR COIL CLEAN. IF NOT CLEANED, DUST AND DEBRIS CAN CAUSE MOLD OR MUSTY ODORS. DUE TO
STUBBORN DEBRIS, SPECIAL CHEMICALS WILL BE USED TO CLEAN THE COIL.
Diagnostic Fee (commercial)
After the system is cleaned, we will go through everything and diagnose any issues or bad parts.
Invoice Notes:
Service Location:
87 Sidney Ave
Port Orchard, WA 98366
1 $425.00
1 $797.60
1 $299.00
Subtotal $1,521.60
Taxes $141.50
FULL DETAILED SERVICE ON 12K MINI SPLIT UNIT SERVING SERVER ROOM IN LIBRARY. WORK TO INCLUDE FULL SYSTEM
CHECKOUT, REMOVAL OF INDOOR LINT TO FULLY CLEAN AND DETAIL INDOOR UNIT, CLEANING OF COIL, BLOWER
ASSEMBLY, DRAIN PAN AND CONDENSATE CLEANING, CHECKING OF REFRIGERANT PRESSURES, WIRING, SYSTEM VOLTS
AND AMPS, AND CONDENSATE PUMP SERVICING. ALL WORK TO BE FOR PREVAILING WAGES DURING NORMAL WORKING
HOURS.
Customer Approval:
❑ I agree to the terms and conditions of this invoice, and that the goods and or services referenced have
been provided to my satisfaction.
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Contact Us: (206) 867-0086 admin@hawksheatingandair.com www.hawksheatingandair.com
Docusign Envelope ID: 84EO33A9-D14E-4DEF-A970-3E2AOF2CFFOD
Contract Terms:
By signing you are agreeing to terms on contract to Hawk's Heating and Air LLC.
Your approval of this maintenance agreement authorizes Hawk's Heating and Air to perform preventative maintenance on
specified cental system at agreed price for one year. The agreed price is subject to applicable Washington State sales
tax. This agreement will remain effective until customer or contractor terminates contract. This agreement does not
include any parts or labor to replace the components that are diagnosed to be unsafe or required to keep your equipment
operational. Additional service will be provided only upon proper authorization from customer.
Not Included: Items excluded from this maintenance agreement are air balancing, ductwork, repairs, replacement,
emergency calls, refrigerant, chemical coil cleaning and belts.
Payment Terms: Due upon signing of the maintenance agreement
Page 33 of 33
Contact Us: (206) 867-0086 admin@hawksheatingandair.com www.hawksheatingandair.com