HomeMy WebLinkAbout000866 Original Contract City of Port Angeles
Record #000866
PURCHASE CONTRACT
THIS AGREEMENT is made and entered into this _�5 day of S�h, 2015, between
the City of Port Angeles (hereinafter called the "City") and WEG Service Co-(hereinafter called
the Vendor).
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.
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PROJECT NO. CL02-2006 PAGE 10 OF 42
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. CL02-2006 PAGE 11 OF 42
CONTRACTOR
By:
By:
Title: V
Title: / c �`i t Ci-r ,
Dated: h 0
Dated:
ATTEST:
ATTEST:
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PROJECT NO. CL02-2006 PAGE 12 OF 42