Attachment A Sample Contract.PDF

Attachment A

STATE OF HAW AIi

CONTRACT FOR GOODS OR SERVICES

BASED UPON

COMPETITIVE SEALED BIDS

This Contract, executed on the respective dates indicated below, is effective as of _______ , 2026 , between Hawaii Public Housing Authority

(1nsert n ame of state departmen� ag ency, board or commission)

State ofHawaii ("STATE"), by its Executive Director (Insert title of person s igning fo r State)

(hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee ("HOPA")), whose address is 1002 North School Street, Honolulu, Hawaii 96817 and

("CONTRACTOR"), a

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-.-or_o_th-•r-leg_a _/fi- orm-of lh -e C-o -n1r-ac-,o - r)-under the laws of the State of , whose business address an.d federal and state taxpayer identification numbers are as follows: ________________ _ Federal Tax ID No. ; and State Tax ID No.

RECITALS

A. The STATE desires to retain and engage the CONTRACTOR to provide the goods or services, or both, described in this Contract and its attachments, and the CONTRACTOR is agreeable to providing said goods or services, or both.

B. The STATE has issued an invitation for competitive sealed bids, and has received and reviewed bids submitted in response to the invitation.

C. The solicitation for bids and the selection of the CONTRACTOR were made in accordance with section 103D-302, Hawaii Revised Statutes ("HRS"), Hawaii Administrative Rules, Title 3, Department of Accounting and General Services, Subtitle 11 ("HAR"), Chapter 122, Subchapter 5, and applicable procedures established by the appropriate Chief Procurement Officer ("CPO").

D. The CONTRACTOR has been identified as the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation.

E. Pursuant to Section 3560-4, HRS , the STATE (Legal r:naharlty to enter into thfs Contract) is authorized to enter into this Contract.

F. Money is available to fund this Contract pursuant to:

(l) ___ tb_d ________________________ _ (1denti/y sta te sources) or (2) tbd (Identify federal sources) or both, in the following amounts: State $ tbd

Federal $ tbd

NOW, THEREFORE, in consideration of the promises contained in this Contract, the STATE and the CONTRACTOR agree as follows:

1. Scope of Services. The CONTRACTOR shall, in a proper and satisfactory manner as determined by the ST ATE, provide aU the goods or services, or both, set forth in the Invitation for Bids number PMB-28-2026 ("IFB") and the CONTRACTOR'S accepted bid ("Bid"), both of which, even if not physically attached to this Contract, are made a part of this Contract.

2. Compensation. The CONTRACTOR shall be compensated for goods supplied or services performed, or both, under this Contract in a total amount not to exceed

AG-003 Rev. 06/22/2009 1

CONTRACTOR:

PROPERTY:

SERVICES:

STATE OF HAWAII

SCOPE OF SERVICES

Kalanihuia, 1220 Aala Street, Honolulu, Hawaii 96817

Preventive Maintenance Services to Gas Water Heater RFQ No. PMB-28-2026

Attachment A

Attachment - S1

1. It is understood and agreed that the following documents, and any amendments or addenda, comprise the Contract between the parties and govern the work to be performed by the CONTRACTOR for preventive maintenance services to gas water heater at the above properties: (1) Contract for Goods and Services including the Contractor's Acknowledgement, Contractor's Standard of Conduct Declaration, Attachments S1, S2, S3, S4, and S5; (2) General Conditions, AG-008 103D General Conditions; (3) General Conditions for Non-Construction Contracts , Form HUD-5370-C; (4) Request for Quotes (RFQ) number PMB-28-2026 and all addenda; and (5) CONTRACTOR's accepted bid offer dated ______ , 2026. These documents are collectively referred to as the "Contract Documents".

2. The CONTRACTOR shall provide preventive maintenance services to gas water heater at Kalanihuia under Asset Management HI001000035 for the Hawaii Public Housing Authority (HPHA) in a satisfactory and proper manner as determined by the STATE and in strict accordance with the Contract Documents.

3. In accordance with the Contract Documents, the CONTRACTOR shall furnish all labor, equipment, supplies, and other means necessary to provide preventive maintenance services to gas water heater at Kalanihuia as described in RFQ PMB-28-2026 and the CONTRACTOR's accepted bid offer. If there is a conflict between the CONTRACTOR'S accepted bid offer and this Contract, this Contract shall prevail.

4. Provide all services as set forth in the Service Specifications, RFQ PMB-28-2026 and set forth in the CONTRACTOR's bid offer submitted as acknowledged by the CONTRACTOR on _____ , 2026 both of which are hereby incorporated by reference. The CONTRACTOR's bid offer includes all bid items described in the Form of Bid.

5. Coordinate maintenance services with the HPHA Contract Administrator and the Officer- In-Charge. The CONTRACTOR shall provide minimum of five (5) business days notice to the HPHA Contract Administrator and Officer in Charge of any changes to the scheduled date of service.

6. Provide working hours for this project from 8:00 a.m. to 4:00 p.m. on Monday through Friday excluding State Holidays.

AG-01 I Rev 07/28/2005

SERVICES:

Attachment A

Attachment - S2

STATE OF HAWAII

COMPENSATION AND PAYMENT SCHEDULE

Kalanihuia, 1220 Aala Street, Honolulu, Hawaii 96817

Preventive Maintenance Services to Gas Water Heater RFQ No. PMB-28-2026

1. Subject to the availability, allocation and receipt of funds, and the CONTRACTOR's full and timely performance of all contractual obligations, the CONTRACTOR shall be paid an amount of compensation not to exceed ___________ and x:x/100 Dollars($ ________ _, for the initial 12-month Contract period.

Subject to the availability and receipt of Federal funds under the Annual Contributions Contract and Section 161 of the Housing & Community Development Act of 1992 (HCDA 1992), Public Law 102-550, approved October 28, 1992, the State agrees to pay the CONTRACTOR for services satisfactorily performed under this Contract a sum of money not to exceed _______ and x:x/100 Dollars ($ _____ _, for the initial Contract period.

2. Federal funds shall be subject to appropriation by the U.S. Congress and allocation by the U.S. Department of Housing and Urban Development (HUD). Funding and period of availability may change upon notice by HUD to the STATE. If there should be insufficient funds for any portion of the remainder of the Contract period beyond the initial 12-month period, the STATE may terminate the Contract or revise the amount/quantity of services required without penalty.

3. Upon execution of this Contract, payments shall be paid in accordance with and subject to the following:

a. The CONTRACTOR shall submit one (1) original invoice for goods and services rendered on a monthly basis to:

Hawaii Public Housing Authority Attn: Property Management and Maintenance Services Branch 1002 North School Street P.O. Box 17907 Honolulu, HI 96817

b. Pursuant to section 103-10, HRS, the STATE shall have 30 calendar days after receipt of invoice or satisfactory delivery of goods or performance of the services to make payment. Upon receipt of the invoice, the HPHA shall date stamp the invoice and use this receipt date to calculate the 30-day payment period. For purposes of this paragraph, the CONTRACTOR's invoice date shall not be considered.

c. All invoices shall reference the Contract number assigned to this Contract.

AG-012 Rev 11/15/2005

SERVICES:

STATE OF HAWAII

TIME OF PERFORMANCE

Kalanihuia, 1220 Aala Street, Honolulu, Hawaii 96817

Preventive Maintenance Services to Gas Water Heater RFQ No. PMB-28-2026

Attachment A

Attachment - S3

1. The term of this Contract shall be effective upon Notice to Proceed.

2. No services shall be rendered on this Contract before a Notice to Proceed is issued. Any services rendered performed prior to receipt of the Notice to Proceed shall be at the CONTRACTOR's sole risk and expense.

3. The option to extend the Contract shall be at the sole discretion of the STATE. The Contract may be extended, without the necessity of rebidding, at the same rates as proposed in the original bid unless price adjustments are made and approved as provided in RFQ PMB-28-2026 or this Contract:

Initial term of Contract:

Length of each extension:

Maximum length of Contract:

12 months Up to 12 months 24 months

4. The initial Contract period shall commence on the STATE's issuance of a Notice to Proceed. The following conditions must be met for an extension:

a. The CONTRACTOR experienced cost savings and has unexpended funds available that can be used to provide additional services; or

b. The STATE determines there is an ongoing need for the services and has funds to extend services of up to 24 months with no extension to exceed a 12-month period. The Contract extension(s) shall be awarded at the same or comparable rates as the current Contract. Exceptions shall be granted upon satisfactory justification such as increase in cost of services or cost of living increase as provided herein; and

c. A Supplemental Contract must be executed prior to expiration of the current Contract period; and

d. The STATE may be required to obtain the U.S. Housing and Urban Development's (HUD) approval in writing of the extension prior to execution of a Supplemental Contract if federal HUD funds are to be used as a funding source;

and

e. The CONTRACTOR must obtain written approval and a Notice to Proceed by the STA TE with the extension; and

AG-013 Rev 11/15/2005

STATE OF HAWAII

SPECIAL CONDITIONS

Attachment A

Attachment - S5

PROPERTY:

SERVICES:

Kalanihuia, 1220 Aala Street, Honolulu, Hawaii 96817

Preventive Maintenance Services to Gas Water Heater RFQ No. PMB-28-2026

1. The CONTRACTOR shall maintain insurance acceptable to the STATE in full force and effect throughout the term of this contract. The policies of insurance maintained by the CONTRACTOR shall provide the following coverage.

Coverage General Liability Insurance (occurrence form)

Automobile Insurance covering all owned, non owned and hired automobiles.

Workers Compensation as required by applicable State laws.

Limit $2,000,000.00 combined single limit per occurrence for bodily injury and property damage.

Bodily injury liability limits of $1,000,000.00 each person and $1,000,000.00 per accident and property damage liability limits of $1,000,000.00 per accident OR combined single limit of $2,000,000.00.

Insurance to include Employer's Liability. Both such coverages shall apply to all employees of the CONTRACTOR and to all employees of sub CONTRACTORs (in case any sub-CONTRACTOR fails to provide adequate similar protection for all his employees).

a. The State of Hawaii, the Hawaii Public Housing Authority, its elected and appointed officials, officers and employees shall be named as additional insured, except for Professional Liability Insurance and Workers Compensation Insurance, as respects to operations performed for the State of Hawaii under this Contract. Before the effective date of the Contract, the CONTRACTOR agrees to provide the STATE certificate(s) of insurance necessary to satisfy the STATE that the CONTRACTOR is in compliance with insurance provisions of this Contract and will keep such insurance in effect and the certificate(s) therefore on deposit with the STATE during the entire term of this Contract. Upon request by the STATE, the CONTRACTOR shall furnish a copy of the policy or policies.

b. Waiver of Subrogation in favor of the State of Hawaii shall also be included for the General Liability, Automobile Liability, and Workers Compensation policies.

CONTRACTOR shall endorse such policies to a waiver of any right to subrogation against the State of Hawaii and their respective employees and agents by each insurer under each required policy described herein. When required by the insurer or should a policy condition not permit the CONTRACTOR to enter into a pre-loss agreement to waive subrogation without

AG-015 Rev 11/15/2005