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HomeMy WebLinkAboutContractCAG-20-352 City of Renton �tn Purchase Order Agreement Purchase Order No.: T-20-001 Date: 9/2/20 Department Contact: Emily Logan Phone/ Email: 206-507-1007/elogan@rentonwa Department Name: Public Works Transportation Division - Des CIP Project No.: 122901 Transportation Engineering Design No.: TED-40-03981 The Vendor shall furnish materials for: Request for Proposal (RFP) Pedestrian Luminaire Pale Assemblies in accordance with and as described in the RFP, 2020 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT), Terms and Conditions, and attached Vendor Proposal and Quote. Vendor Information Vendor !Name: Mobile Electrical Distributors, Inc. Vendor No.: 050198 Vendor Representative: Jon Kadletz Phone/Email: —206-349-S486/jon@mobileelec.com Address: 14050 Lake City Way NE, Seattle, WA, 98125 Mailing Address (if different): Purchase Order information See attached Vendor Proposal and Quote. Terms and Conditions The Purchase Order includes the following Terms and Conditions and includes, but is not limited to the Request for Proposal and published rules and regulations of the City of Renton and the State of Washington, which are hereby incorporated by reference. 1. LAWS AND REGULATIONS The Vendor shall comply with all applicable laws and regulations pertaining to this Purchase Order. 2. CHANGES No alteration in any of the terms, conditions, delivery price, quality, quantities, or specification of this order will be accepted without written consent of the Project Manager. 3. SUBMITTALS Prior to fabrication, the vendor shall notify the Purchaser of all proposed materials. Vendor shall use the Qualified Product List or the Request for Approval of Material form. All equipment, materials, and articles incorporated into the delivered items: Page 1 of 4 a. Shall be new; b. Shall meet the requirements of the contract and be approved by Purchaser; c. Shall be delivered with a Manufacturer's Certificate of Compliance meeting the requirements of WSDOT 2020 Standard Specifications Section 1-06.3; d. Shall not be accepted if they become unfit during or prior to shipping; e. Shop drawings of all elements of the complete assemblies shall be submitted to the Purchaser for review and approval shall be required prior to fabrication. 4. HANDLING No charges will be allowed for handling, including but not limited to packing, wrapping bags, containers or reels, unless otherwise stated herein. 5. DELIVERY For any exception to the delivery date as specified on this order, Vendor shall give prior notification and obtain written approval thereto from the Project Manager with respect to delivery under this order. Time is of the essence and the order is subject to termination for failure to deliver as specified and/or appropriate damages. The acceptance by the Purchaser of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Vendor. 6. PAYMENTS, LATE PAYMENT CHARGES Invoices will not be processed for payment until receipt of a properly completed invoice or invoiced items are received, whichever is later. 7. SHIPPING INSTRUCTIONS Unless otherwise specified, all goods are to be shipped prepaid. Where shipping addresses indicate room numbers it will be up to the Vendor to make delivery to that location at no additional charge where specific authorization is granted to ship goods. Vendor agrees to prepay all shipping charges, route as instructed or if instructions are not provided, route by cheapest common carrier and to bill the Purchaser as a separate item on the invoice for said charges. Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made. It is also agreed that the Purchaser will refuse COD shipments. S. REJECTION All goods or materials purchased herein are subject to approval by the Purchaser. Any rejection of goods or material resulting because of nonconformity to the terms and specifications of this order, whether held by the Purchaser or returned, will be at Vendor's risk and expense. 9. IDENTIFICATION All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number. 10. INFRINGEMENTS Vendor agrees to protect and save harmless the Purchaser against all claims, suits or proceedings for patent, trademark, copyright or franchise infringement arising from the purchase, installation, or use of goods and materials ordered, and to assume all expenses and damages arising from such claims, suits or proceedings. 11. WARRANTIES Vendor warrants that articles supplied under this order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for that particular purpose. 12. TAXES Unless otherwise indicated the Purchaser agrees to pay A State of Washington sales or use tax. No charge by Vendor shall be made for federal excise taxes, and the Purchaser agrees to furnish Vendor, upon acceptance of articles supplied under this order with an exemption certificate. 13. CONFLICT AND SEVERABILITY In the event of conflict between quote documents and standard contract terms and conditions, the Purchaser in its sole authority, shall determine which requirement shall apply and be considered the legally binding requirement. In the event of conflict between this Page 2 of 4 document in it's entirety, and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this contract to afford the state and/or Purchaser maximum benefits. Any provision of this document found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the document. 14. PERSONAL LIABILITY It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the City of Renton or the State of Washington be in any way personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement. 1S. LIENS, CLAIMS AND ENCUMBRANCES Vendor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind. 16. RISK OF LOSS Vendor agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein which occur prior to delivery. Such loss, injury or destruction shall not release Vendor from any obligation hereunder. 17. SAVE HARMLESS Vendor shall protect, indemnify, and save the Purchaser harmfess from and against any damage, cost or liability for any injuries to persons or property arising from acts or omissions of Vendor, his employees, agents or subcontractors howsoever caused. 18. PRICES If price is not stated on this order, it is agreed that the goods shall be billed at the price last quoted or paid, or prevailing market price whichever is lower. 19. TERMINATION In the event of a breach by Vendor of any of the provisions of this Agreement, the Purchaser may cancel and terminate this contract forthwith upon giving oral or written notice to Vendor. Vendor shall be liable for damages suffered by the Purchaser resulting from Vendor's breach of contract. 20. PUBLIC RECORDS Under Washington state law, the documents (including but not limited to written, printed, graphic, electronic, photographic or voice mail goods and/or transcriptions, recordings or reproductions thereof) submitted in response to this request for proposals (the "documents") become a public record upon submission to the Purchaser, subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. 21. PUBLIC INFORMATION All quotes are public information once quotations are tabulated and posted for public information. 22. PROPRIETORY DATA Any document(s) or information which the Vendor believes is exempt from public disclosure under The Public Disclosure Act (RCW 42.17.310), or under The Uniform Trade Secrets Act (RCW 19.108.010) shall be clearly identified by Vendor and placed in a separate envelope marked with quote number, Vendor's name, and the words "Proprietary Data" along with a statement of the basis for such claim of exemption. The Purchaser's sole responsibility shall be limited to maintaining the above data in a secure area and to notify Vendor of any request(s) for disclosure within a period of five (S) years from date of award. Failure to so label such goods or failure to provide a timely response after notice of request for public disclosure has been given shall be deemed a waiver by the Vendor of any claim that such goods are, in fact, so exempt. 23. ANTI -TRYST Vendor and the Purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact Borne by the Purchaser. Therefore, Vendor hereby assigns to the Purchaser any and all claims for such overcharges. 24. DEFAULT The Vendor covenants and agrees that in the event suit is instituted by the Purchaser for any default on the part of the Vendor, and the Vendor is adjudged by a court of competent jurisdiction to be in default, he shall pay to the Purchaser all cost, expenses expended or incurred by the Purchaser in connection therewith, and reasonable attorney's fees. The Vendor agrees that the Superior Court of Page 3 of 4 the State of Washington shall have jurisdiction over any such suit, and that venue shall be laid in King County. 25. ACCEPTANCE by accepting this purchase order in writing or by delivering the material ordered, you accept all of the terms and conditions set forth. Formal objection is hereby made to any additional or different terms proposed by Vendor as a condition of acceptance or delivery. Authorization VENDOR [Signature of Authorized Official] Lr-,L6 I C( CA [Title] Mobile Electrical Distributors, Inc. fVendor Name] 61�� [Date] VENDOR ADDRESS FOR GIVING NOTICES 14050 Lake City Way NE Seattle, WA 98125 CITY OF RENTON Armondo Pavane, Mayor 9/17/2020 [Date] Attest: f Jason A. Seth, City Clerk CITY OF RENTON ADDRESS FOR GIVING NOTICES Transportation Systems Division Renton City Hall — 5" Floor 1055 South Grady Way Renton, WA 98057 Page 4 of 4 N