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HomeMy WebLinkAbout000919 Original Contract City of Port Angeles Record #000919 CONTRACT DOCUMENTS for ELECTRIC ENERGY METERS PURCHASE CONTRACT NO. MEC15-15 pQRTg ��F N ��RKS ANOJ CITY OF PORT ANGELES WASHINGTON March, 2015 CRAIG FULTON, P.E.,DIRECTOR OF PUBLIC WORKS & UTILITIES MIKE PUNTENNEY, P.E., DEPUTY DIRECTOR OF PUBLIC WORKS & UTILITIES Reviewed by: Approved by: 0 je OPunitenney, William Bloor Deputy Director of Public orks&Uti es __ City Attomey PROJECT NO.MEC15-15 PAGE 1 OF 16 PURCHASE CONTRACT THIS AGREEMENT is made and entered into this 9C11 day of , 2015, between the City of Port Angeles (hereinafter called the "City") and Carlson Sale4 Metering Solutions, LLC (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 Tenns 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 detennine the rights and obligations of the parties hereunder shall be brought and heard in Clallam County Superior Court. PROJECT NO. MEC15-15 PAGE 9 OF 16 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.MEC15-15 PAGE 10 OF 16 CARLSON SALES METERING CITY OF PORT ANGELES SOLUTIONS, LLC B By' By: Title: Title: '�C�1�`1�"`ti� Dated: a- J Dated: -�' `,�//S� ATTEST: ATTEST: 111 �OQO ty Clerk I Appro ed to as to City Attorney Project No.MEC15-15 Page 11 of 16