HomeMy WebLinkAbout001089 Original Contract City of Port Angeles
Record # 001089
CONTRACT DOCUMENTS
for
PREFORMED THERMOPLASTIC PAVEMENT MARKINGS
PURCHASE CONTRACT NO. MEC-2016-15
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CITY OF PORT ANGELES
WASHINGTON
May 2016
CRAIG FULTON, P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES
MIKE PUNTENNEY, P.E., DEPUTY DIRECTOR OF PUBLIC WORKS & UTILITIES
Reviewed by: Approved by:
Crcg Fulton, William Bloor
Director of F&bfic Works & Utilities City Attorney
Project No. MEC 2016-15 Page 1 of 18
PURCHASE CONTRACT
THIS AGREEMENT is made and entered into this as of the date of the last signature
affixed below, between the City of Port Angeles (hereinafter called the "City") and Traffic
Safety Supply Co Inc (hereinafter called the "Contractor", "Vendor", or "Bidder").
WITNESSETH: That the City and the Contractor, in consideration of the
performance of the terms and conditions hereinafter mentioned, agree as follows:
ARTICLE 1
CONTRACT DOCUMENTS
The complete contract includes the Invitation to Bid, the Instructions to Bidders, the
Bid, the Specifications, the Standard Terms and Conditions, the Purchase Order
Requisition, and the Purchase Contract. The foregoing documents shall hereinafter be
called "Contract Documents" or "Contract". All obligations of the City and the Contractor
are fully set forth and described herein.
In the event of a discrepancy between any of the Contract Documents, as above
defined, the City shall give a written interpretation thereof, which interpretation shall
govern.
ARTICLE II
CONTRACT COST
The Contractor agrees to sell and deliver to the City, at the delivery point specified in
the Instructions to Bidders, and the City agrees to purchase and receive from Contractor
the equipment as described and set forth in the Contract Documents and the provisions
of the Contractor's bid attached and made a part hereof.
ARTICLE III
ASSIGNMENT
The Contractor shall not assign any of its responsibility under this Contract without
the express written consent of the City.
ARTICLE IV
APPLICABLE LAW AND VENUE
This Contract shall be governed by, and construed in accordance with, the
applicable laws of the State of Washington. Any legal proceedings to determine the
rights and obligations of the parties hereunder shall be brought and heard in Clallam
County Superior Court.
Project No. MEC-2016-15 Page 9 of 18
ARTICLE V
NONDISCRIMINATION
During the performance of this Contract, the parties shall conduct their business in a
manner which assures fair, equal and nondiscriminatory treatment of all persons,
without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran
condition, physical or mental handicap, or national origin, and, in particular:
1. The parties will maintain open hiring and employment practices and will
welcome applications for employment in all positions from qualified individuals
who are members of the above stated minorities.
2. The parties will comply strictly with all requirements of applicable federal, state
or local laws or regulations issued pursuant thereto, relating to the
establishment of nondiscriminatory requirements in hiring and employment
practices and assuring the service of all patrons and customers without
discrimination with respect to the above-stated minority status.
ARTICLE VI
TERMINATION OF CONTRACT
In the event that any of the provisions of this Contract are violated by the Contractor
or the Contractor's subcontractors, the City may serve written notice of intention to
terminate such Contract upon the Contractor, which notice shall specify the reasons
therefore. Unless within thirty (30) days after serving such notice upon the Contractor
such violation shall cease and an arrangement for the correction thereof satisfactory to
the City be made, the Contract shall, upon the expiration of the said thirty (30) days,
cease and terminate. In the event of any such termination, the City may purchase the
materials necessary for complete performance of this Contract for the account and at
the expense of the Contractor, and the Contractor shall be liable to the City for any
excess cost thereby.
ARTICLE VIII
WAIVER
Waiver of any breach of any term or condition of this Contract shall not be deemed a
waiver of any prior or subsequent breach, no term or condition of this Contract shall be
held to be waived, modified, or deleted except by a written instrument signed by the
parties hereto.
Project No. MEC-2016-15 Page 10 of 18
TRAFFIC SAFETY SUPPLY CO INC CITY OF PORT ANGELES
By. By:
Title: " ' Q:7 Title:
Dated: � :w �. Dated:
ATTEST: - ATTEST:
C ty CI rk
Appr ed to as to
City Attorney
Project No. MEC-2016-15 Page 11 of 18