HomeMy WebLinkAbout4.C.2. Replacement of Field Lighting and Fence Extensions in Tahpah Park 11111/ 111 Consent Business 4. C. 2.
SHAKOPEE
TO: Mayor and City Council
FROM: Jamie Polley, Parks & Recreation Director
DATE: 07/21/2015
SUBJECT: Replacement of Field Lighting and Fence Extensions in Tahpah Park (A)
Action Sought
The City Council is asked to offer Resolution No.7591, A Resolution of the City of
Shakopee Approving Plans and Specifications and Authorizing the Advertisement
for Bids for the Extension of Field Fencing at Tahpah Park. The City Council is
also asked to authorize the installation of outfield lighting on softball fields 6 and 7
and thereplacement of the lighting on the youth football field within Tahpah Park.
Background
Tahpah Park contains 8 softball fields, a youth football field and Joe Schleper
Baseball Stadium. Currently the stadium, football field and fields 1-4 of the softball
fields contain lighting. The outfield lighting of fields 1 and 4 was updated in 2007
and the baseball stadium lighting was updated earlier this year. At the time the
stadium lights were updated a transformer that required updating was replaced to
accommodate the planned replacement of the football field lighting.
Discussion
The 2015 Park Asset Fund includes extending the outfield fencing of fields 6 and 7
at Tahpah Park to get the fencing as close to 300' as possible for the safety of the
softball players that utilize the fields. The 2015 Park Asset Fund also includes the
replacement of the football field lighting at Tahpah Park to be more energy
efficient. The 2015 Park Reserve Fund includes the installation of new lighting on
field 6 and 7 of Tahpah Park to be installed in conjunction with the extension of the
outfield fencing. The addition of field lighting will allow for more use of the fields
and will accommodate more softball teams in the Men's, Women's and Co-Ed
softball leagues. The addition for lighting will also allow various tournaments to
accommodate a greater number of teams.
Budget Impact - Park Asset Fund
Within the 2015 Park Asset Fund $210,000 is budgeted for the outfield fence
extension project and $150,000 was budgeted for the replacement of football field
lighting totaling $360,000 from the Park Asset Fund for Tahpah
Park. The engineer's estimate for the outfield fence extension is $173,250.00. The
cost to replace the football field lighting is $113,861 plus the electrical hook
up. Due to the engineer's estimate for the field extension exceeding $100,000 the
City will seek sealed bids for this work. The light fixtures, towers and installation
can be purchased through Graybar Electric Company, Inc. under the US
Communities Government Purchasing Alliance. This is the same program that the
City utilized to purchase the lights and towers for fields 1 & 2 at the 17th Avenue
Sports Complex and Joe Schleper Stadium.
Budget Impact - Park Reserve Fund
The 2015 Park Reserve Fund budgeted $300,000 for the installation of outfield
lighting on fields 6 and 7. The cost to install the outfield lighting is $264,940 plus
the electrical hook up. The light fixtures, towers and installation can also be
purchased through Graybar Electric Company, Inc. under the US Communities
Government Purchasing Alliance. Quotes will need to be obtained for the electrical
work for the lighting on fields 6 and 7 and the football field. Staff has also been
informed that an additional transformer will be needed and the exact cost from
SPUC is unknown at this time.
Timeline
The proposed time line for this project is to have advertisements run in the
Shakopee Valley News on July 23rd and 30th. The Bid Opening is scheduled
for August 13, 2015 and Award of Contract will be presented at the August 18th
City Council meeting. The field lighting has a 30-40 day lead time, therefore
ordering it on July 22nd will allow for the equipment to be delivered at the same
time a contract is awarded.
Relationship to Vision
This item relates to Goal A: Keep Shakopee a safe and healthy community where
residents can pursue active and quality lifestyles.
Requested Action
If Council concurs, offer Resolution No.7591, A Resolution of the City of
Shakopee Approving Plans and Specifications and Authorizing the Advertisement
for Bids for the Extension of Field Fencing at Tahpah Park, and authorize
appropriate City staff to:
1. Enter into a contract with Graybar Electric Company, Inc. in the amount of
$113,861 for the football field lighting equipment and installation.
2. Enter into a contract with Graybar Electric Company, Inc. in the amount of
$264,940 for the outfield lighting equipment and installation.
Attachments: Resolution 7591
Specification Cover Sheet
football
softball
softball installation
football installation
RESOLUTION NO. 7591
A Resolution of the City of Shakopee Approving Plans and Specifications
and Authorizing the Advertisement For Bids
For the Extension of Field Fencing at Tahpah Park
WHEREAS, The City of Shakopee has hired WSB & Associates, Inc. to prepare plans and
specifications for the extension of field fencing at Tahpah Park on fields 6 and 7, and any
appurtenant work, and has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1. Such plans and specifications, a copy of which is on file and of record in the Office
of the City Engineer, are hereby approved.
2. The Interim City Clerk or assigned designee shall prepare and cause to be inserted in
the official paper an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The Advertisement for Bids shall be published as required by
law.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held this day of ,2015.
Mayor of the City of Shakopee
ATTEST:
Interim City Clerk
■ Drawing Index:
Tahpah Feld Improvements CoSPP
lvveerrSheet/Index
j L1.2 SWPPP i
City of Shakopee, M N L1.3 SWPPP
L1.4 SWPPP a
L2.0 Existing Conditions/Removals,Layout&Grading €'
L3.0 Miscellaneous Details
11.0 Irrigation Plan �s
WSB&Associates, Inc. Project #01756-140 a
Issue Date July 20,2015 UTILITY LOCATIONS NOTE: -
PRIORTOBEGINNINGWORKONTHISPROJECT,THE CONTRACTOR SHALL HAVE ALL UTILITY - H C
LOCATIONS MARKED ON THE PROJECT SITE.ALL LOCATES SHALL BE INCIDENTAL TO THE "
PROJECT. i
STATE LAW:48 HOURS BEFORE EXCAVATING.CALL GOPHER STATE ONE-CALL AT 8514540002
FOR FIELD LOCATION OF UNDERGROUND UTILITY LINES.THIS IS A FREE SERVICE WHICH PALL LFI -
LOCATE UTILITY-COMPANY LINES,BUT WILL NOT LOCATE CITY OR PRIVATELY OWNED ONES.
GENERAL NOTES: E: 4
h; I
SITE SURVEY AND BOUNDARY INFORMATION PROVIDED BY OWNER.CONTRACTOR SHALL y 3
A
TAHPAH PARK FIELD IMPROVEMENTS VERIFY EXISTING CONDITIONS PRIOR TO BIDDING AND CONSTRUCTION START.CONTRACTOR IS CPQ, 1 q9
RESPONSIBLE FOR ALL LOCATES.ALL LOCATES SHALL BE REVIEWED BY THE OWNERAE €b .,, 8
1490 ADAMS STREET SOUTH PRIOR TO CONSTRUCTION START ).�t R
SHAKOPEE,MN CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING ALL EXISTING STRUCTURES.UTILITIES, c3!
,
TREES.SITE AMENITIES.ETC.THAT ARE TO REMAIN FROM DAMAGE DURING CONSTRUCTION. ;M I�$1
CONTRACTOR SHALL BE RESPONSIBLE FOR CORRECTING ANY DAMAGE TO EXISTING ITEMS TO F t'` 3
�N N REMAIN(AT CONTRACTORS EXPENSE)AND IS CONSIDERED INCIDENTAL TO THE CONTRACT
` {.. I DIMENSIONS TAKE PRECEDENCE OVER SCALE.DIMENSIONS ARE TO BACK OF CURB WHERE
f , + i APPLICABLE,UNLESS STATED OTHERNASE.FIELD VERIFY(FV)ITEMS SHALL BE FIELD VERIFIED
BY THE CONTRACTOR.
Fi 'i ,t ""ANY DISCREPANCIES FOUND THAT AFFECT THE WORK SHALL BE REPORTED TO THE a X
til s I L {,. • ` OWNERILA-E FOR CLARIFICATION PRIOR TO ANY ADDITIONAL WORK BEING COMPLETED. E 2 .0
1
, :9.' CONSTRUCTION STAGING AND ACCESS AREAS: o d ..
THE OWNER SHALL FIELD VERIFY THE LOCATION OF CONSTRUCTION ACCESS AT THE TIME OF E O Y
. "'T I �. _ -• V ,( CONSTRUCTION. E-cr iN 0)
S y { •- ; 1L'L a -' i 1 THE CONTRACTOR SHALL VERIFY WRHE OWNER THAT THE REQUIRED PERMITS ARE ISSUED d N N
H ' - \ • 4 - { I PRIOR TO USE OF ACCESS POINTS. L4 O L
' ' ' 1 .• -I ''{ — �/ I L - THE CONTRACTOR SHALL ENSURE EXISTING ROADS REAW N FREE OF MUD AND DEBRIS d'' j
">r ! i'. \.. -• ♦♦ 1 _. • • I - - !auTHROUGHOUT CONSTRUCTION. V 0
`m i 9 • +, �+ - - REFER TO SPECIFICATIONS FOR ADDITIONAL INFORMATION. ~ U
..-1-,17:.. µms... �
`n :.-' — - ( `�"'"' GENERAL REMOVALS:
J R ,.Y •+maS=- ��a- ALL REMOVALS WILL BE COMPLETED BY THE CONTRACTOR,UNLESS SPECIFIED UNLERIMSE.
• ,f ) - Vit. ^• I CONTRACTOR SHALL BE RESPONSIBLE FOR DISPOSING OF ALL ITEMS OFF-SITE,UNLESS
'r aaRa.+�.W j� r P." SPECIFICALLY APPROVED OTHERWISE BY LA-E.
It m R" ,.per""° . ALL ITEMS AND TREES NOT SPECIFICALLY MARKED FOR REMOVAL OR RELOCATION SHALL REMNN
$L.P t. ), 4 ' I tri PROTECTED MD UNDISTURBED DURING CONSTRUCTION.ANY DAMAGE TO TREES AND ITEMS
U g THAT ARE TO REMAIN SHALL BE REPLACED AT CONTRACTOR'S EXPENSE.
il
1 .«r+- 'J
'� "• .� v � .' TOPSOIL 8 EARTHWORK REQUIREMENTS:
A7 I TOPSOIL SHALL BE STRIPPED FROM ALL DISTURBED AREAS AND STOCKPILED IN PILES NOT
1°°
I n 3"""'""`�'" EXCEEDING 8 FEET IN DEPTH FOR RESPREAD.ALL TOPSOIL SHALL BE FULLY REMOVED FROM A
AREAS TO BE PAVED AND REPLACED WITH COMPACTIBLE SOILS-REFER TO GEOTECHNICAL
$ REPORT FOR ADDITIONAL INFORMATION.NOTE:LOCATION OF STOCIO'ILE SHALL BE •
jg i
- tl DETERMINED BY THE OV.NERAAEINTHE FIELD.STOCKPILE AREA WILL REOUIRESILT FENCE 1 ?
d - AROUND IT.REFER TO SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS. 1I i
x - A MIN.8'DEPTH OF STOCKPILED TOPSOIL SHALL BE PLACED ON ALL AREAS.EXCLUDING AREAS 1 i
J THAT ARE HARD SURFACED,OR STATED OTHERWISE.THE TOPSOIL SHALL BE FINE GRADED, qP.5
M O RAKED AND DRAGGED TO PROVIDE A SMOOTH.UNIFORM SURFACE.TOPSOIL GRADES SHALL BE i P.aP
'"0 WITHIN.DS FEET OF INDICATED FINISHED GRADE AND SHALL BE TRUE TO GRADIENTS SHOWN ON g
Q'i . PROJECT LOCATOR MAP
PLANS
ci
c
SHEET
x L1.0
GraybaR.
DISTRICT MAIN HOUSE
2300 EAST 25TH ST
MINNEAPOLIS MN 55406-1221
Phone:612-728-3512
Fax: 612-728-2500
To: City of Shakopee Date: 07/10/2015
129 Holmes Street S
SHAKOPEE MN 55379-1328 Proj Name: TAHPAH FOOTBALL FIELD
Attn: BILL EGAN GB Project Qte#: 223046633
Phone: 952-233-9300 Valid From: 07/10/2015
Fax: Valid To: 08/09/2015
Email: scott.moseman@graybar.com Contact: SCOTT MOSEMAN
Email: scott.moseman@graybar.com
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price
Notes: US COMMUNITIES ELECTRICAL CONTRACT NUMBER:
MA-IS-1340234-3
FREIGHT ALLOWED
PLEASE ADVISE OF SITE CONTACT NAME AND PHONE NUMBER TO REACH 24 HOURS PRIOR TO
DELIVERY
100 1 EA MUSCO SPORTS LOT MUSCO SPORTS LOT MUSCO $87,077.00 1 $87,077.00
LIGHTING LIGHTING BILL OF
MATERIAL FOR
TAHPAH PARK
FOOTBALL FIELD
PER MUSCO.
Total in USD (Tax not included): $87,077.00
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR
Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,freight terms are F.O.B.shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 1 of 2
To: City of Shakopee Date: 07/10/2015
129 Holmes Street S Proj Name: TAHPAH FOOTBALL FIELD
SHAKOPEE MN 55379-1328 GB Project Qte#: 223046633
Attn: BILL EGAN
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
TERMS AND CONDITIONS OF SALE C.
1.ACCEPTANCE OF ORDER'TERMINATION-Acceptance of any order is subject to credit approval and acceptance of order by Graybar Electric Company,Inc.l"Graybar")and,when applicable,Graybar's suppliers.
If credit of the buyer of the goods("Buyer")becomes unsatisfactory to Graybar,Graybar reserves the right to tennmate upon notice to Buyer and without liability to Graybar.
2.PRICES AND SHIPMENTS-Unless otherwise quoted,prices shall be those in effect at time of shipment,which shall be made F.O.B.shipping point,prepaid and bill.
3.RETURN OF GOODS-Credit may be allowed for goods returned with prior approval.A deduction may be made from credits issued to cover cost of handling.
4.TAXES-Prices shown do not include sales or other taxes imposed on the sale of goods.Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price.Buyer agrees to reimburse Graybar
for any such tax or provide Graybar with acceptable tax exemption certificate.
5.DELAY IN DELIVERY-Graybar is not to be accountable for delays in delivery occasioned by acts of God,failure of its suppliers to ship or deliver on time,or other circumstances beyond Graybar s reasonable
control.Factory shipment or delivery dates are the best estimates of our suppliers,and in no case shall Graybar be liable for any consequential or special damages arising from any delay in shipment or delivery.
6.LIMITED WARRANTIES-Graybar warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties(mcludin without limitation warranties with respect to
intellectual pro infrin ement made to Graybar bythe manufacturer of the oods.GRAYBAR MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY DISCLAIMS ALL IMPLIED
AUTHORIZEED REEPRESENTATIIVE OF GRAAYBAP OR THE
SOLD HERAEUNIDER A MERCHANTABILITY
INTENDED FOR USIN FITNESS INOCONNECTIONWIWITH(1d ANY SAFEAGREED
Y APP[LICATTIION OR BY
CONT INCLENT ARCE EA O F A NUCLEAR
PUCIE A CANNOT B$OR(2)IN A HEALTHCARE
HACALRE APPLICATION,WHERE THE GOODS HAVE POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A SIX(6)
F7.LIMITATION OF LIABILITY-Buyer's remedies under this agreement are subject to any limitations contained in manufacturer s terms and conditions to Graybar a copyof which will be furnished upon written
request.Furthermore Graybar's liability shall be limited to either repair or replacement of the goods or refund of the purchase price,all at Graybar's option,and IN NO CASE SHALL GRAYBAR BE LIABLE FOR
INCIDENTAL,SPECIAL,OR CONSEQUENTIAL DAMAGES.In addition,claims for shorages,other than loss in transit,must be made in writing not more than five(5)days after receipt of shipment.
8.WAIVER-The failure of Graybar to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms,conditions,or
rights in the future,nor shall it be deemed to be a waiver of any other term,condition,or right under this agreement.
9.MODIFICATION OF TERMS AND CONDITIONS-These terms and conditions supersede all other communications,negotiations,and prior oral or written statements regarding the subject matter of these terms and
conditions.No change modification,rescission,discharge,abandonment,or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly authorized
representative of Graybar.No conditions,usage of trade,course of dealing or performance understanding or agreement,purporting to modify,varyexplain,or supplement these terms and conditions shall be binding
unless hereafter made in writing and signed by the party to be bound.Any proposed modifications or additionalterms are apecifica ly rejected and deemed a material alteration hereof If this document shall be deemed an
acceptance of a prior offer by Sayer,such acceptance is expressly conditional upon Buyer s assent to any additional or different terms set forth herein.
10.REELS-When Graybar ships returnable reels,a reel deposit may be included in the invoice.The Buyer should contact the nearest Graybar service location to return reels.
II.CERTIFICATION-Graybar hereby certifies that these goods were produced in compliance with all applicable requirements of Sections 6,7,and 12 of the Fair Labor Standards Act,as amended,and of regulations and
orders of the United States Department of Labor issued under Section 14 thereof This agreement is subject to Executive Order 11246,as amended,the Rehabilitation Act of 1973 as amended,the Vietnam Veterans'
Readjustment Assistance Act of 1974,as amended E.O.13496,29 CFR Part 471,Appendix A to Subpart A,and the corresponding regulations,to the extent required by law.41 CFR 60-1.4,60-741.5,and 60-250.5 are
incorporated herein by reference,to the extent legally required.
12.FOREIGN CORRUPT PRACTICES ACT-,Buyer shall comply with applicable laws and regulation*relatingto anti-corruption,, including,without limitation,(i the United States Foreign Corrupt Practices Act
(FCPA)(15 U.S.C.&&78dd-1 et seq.)irrespective of the place or performance and fit)laws and regulations imementin the Organization fr Economic Cooperation and Development's Convention on Combating
Bribery of Foreign Public Officials in International Business Transactions,the U.N.Convention Against Corruption,and the Inter-American Convention Against Corruption in Buyer s country or any country where
performance of this agreement or delivery of goods will occur.
13.ASSIGNMENT-Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Graybar,and any such assignment,without such consent,shall be void.
14.GENERAL PROVISIONS-All typographical or clerical errors made by Graybar in any quotation,acknowledgment or publication aresubject to correction.This agreement shall be governed by the.laws of the State of
Missouri applicable to contracts to be formed and fully performed within the S to of Missouri without giving effect to the choice or conflicts of law provisions thereof All suits arising from or concerning this agreement
shall befiled in the Circuit ourt of St.Louis County Missouri,or the United States District Court for te Eastern District of Missouri,and no other place unless otherwise determined in Graybar s sole discretion.Buyer
irrevocably rrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof
15.PAYMENT TERMS-Payment terms shall be as stated on Graybar's invoice or as otherwise mutually agreed.As a condition of the sales agreement,a monthly service charge of the lesser of 1-112%or the maximum
permitted by law may be added to all accounts not paid by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only.
16.EXPORTING-Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all appEicable United States laws,regulations,or orders.Buyer agrees to coplwith all such
laws,regulations and orders,including,if applicable,all requirements of the International Traffic in Arms Regulations and/or the Export Administration Acta.*may be amended.Buyer furtheraq agrees thatif the export
laws are applicable,it will not disclose or re-export any.technical data received under this order to any countries for which the United States ovemment requires an export license or other supporting documentation at the
time of export or transfer,unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.
Signed:
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR
Subject to the standard terms and conditions set forth In this document Unless otherwise noted,freight terms are F.O.B.shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 2 of 2
GraybaR.
DISTRICT MAIN HOUSE
2300 EAST 25TH ST
MINNEAPOLIS MN 55406-1221
Phone:612-728-3512
Fax: 612-728-2500
To: City of Shakopee Date: 07/10/2015
129 Holmes Street S
SHAKOPEE MN 55379-1328 Proj Name: TAHPAH SOFTBALL FIELDS 6 & 7
Attn: BILL EGAN GB Project Qte#: 223046641
Phone: 952-233-9300 Valid From: 07/10/2015
Fax: Valid To: 08/09/2015
Email: scott.moseman@graybar.com Contact: SCOTT MOSEMAN
Email: scott.moseman@graybar.com
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price
Notes: US COMMUNITIES ELECTRICAL CONTRACT NUMBER:
MA-IS-1340234-3
FREIGHT ALLOWED
PLEASE ADVISE OF SITE CONTACT NAME AND PHONE NUMBER TO REACH 24 HOURS PRIOR TO
DELIVERY
100 1 EA MUSCO SPORTS LOT MUSCO SPORTS LOT MUSCO $210,568.00 1 $210,568.00
LIGHTING LIGHTING BILL OF
MATERIAL FOR
TAHPAH PARK
SOFTBALL FIELDS
#6 AND#7 PER
MUSCO
Total in USD (Tax not included): $210,568.00
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR
Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,freight terms are F.O.B.shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 1 of 2
To: City of Shakopee Date: 07/10/2015
129 Holmes Street S Proj Name: TAHPAH SOFTBALL FIELDS 6 & 7
SHAKOPEE MN 55379-1328 GB Project Qte#: 223046641
Attn: BILL EGAN
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
TERMSATSFSALEYC.
ND ELECTRIC
1.ACCEPTANCE OF ORDER TERMINATION-Acceptance of any order is subject to credit approval and acceptance of order by Graybar Electric Company,Inc.t"Graybar")and,when applicable,Graybar s suppliers.
If credit of the buyer of the goods("Buyer")becomes unsatisfactory to Graybar,Graybar reserves the right to termmate upon notice to Buyer and without liability to Graybar.
2.PRICES AND SHIPMENTS-Unless otherwise quoted,prices shall be those in effect at time of shipment,which shall be made F.O.B.shipping point,prepaid and bill.
3.RETURN OF GOODS-Credit may be allowed for goods returned with prior approval.A deduction may be made from credits issued to cover cost of handling.
4.TAXES-Prices shown do not include sales or other taxes imposed on the sale of goods.Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price.Buyer agrees to reimburse Graybar
for any such tax or provide Graybar with acceptable tar exemption certificate.
5.DELAY IN DELIVERY-Graybar is not to be accountable for delays in delivery occasioned by acts of God,failure of its suppliers to ship or deliver on time,or other circumstances beyond Graybar's reasonable
control.Factory
p shipment Torr delivery
dates are
athe best estimates of our suppliers,and in no case shall Graybar be liable for any consequential or special damages arising
gfrom any delay in shipment or delivery.
6.LIMITED TIES-Graybar warrants that all
sold are free of any securjty interest and will make
vailable to Buyer all
ransferable
without limitation warranties with respect
WARRANTIESeINR CLUDING BUT NOT L MiTED TO THESIMPLIEDoWARRAdNfIESS OF M RCHANTABILLITYEAND FITTNNESSS FtOR PU POSE�UNLLESS�SOTTHEERWI SPECIFICALLY
INDISCLAIMS ALL
PLIED
AUTHORIZED
ONTAINNM NT REPRESENTATIVE
OF A NUCLEAR GRAYBARPRODUCTS
OR((2 IN ASHEALTHCAU EDAPPLICAION WHERE THE GOODS HAVE POTENTIALOFOR DIRECT PATIEN ECONTACT OR WHERE THE
SIX(6)
FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES.
7.LIMITATION OF LIABILITY-Buyer's remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions to Graybar a copy of which will be furnished upon written
request Furthermore Graybar's liability shall be limited to either repair or replacement of the goods or refund of the purchase price all at Graybar s option,and IN NO CASE SHALL GRAYBAR BE LIABLEPFOR
INCIDENTAL,SPECIAL,OR CONSEQUENTIAL DAMAGES.In addition,claims for shortages,other than loss in transit,must fie made in writing not more than five(5)days after receipt of shipment
8.WAIVER-The failure of Graybar to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms,conditions,or
rights in the future,nor shall it be deemed to be a waiver of any other term,condition,or right under this agreement.
9.MODIFICATION OF TERMS AND CONDITIONS-These terms and conditions supersede all other communications,negotiations,and prior oral or written statements regarding the subject matter of these terms and
conditions.No change modification,rescission,discharge,abandonment,or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf bya duly authorized
representative of Graybar.No conditions,usage of trade,course of dealing or performance understanding or agreement,purporting to modify vary explain,or supplement these terms andcondions shall be binding
unless hereafter made in writing and signed by the party to be bound.Any proposed modifications or additional terms are Specifically rejected'and deemed a material alteration hereof If this document shall be deemed an
acceptance of a prior offer by Buyer,such acceptance is expressly conditional upon Buyer's assent to any additional or different terms set forth herein.
10.REELS-When Graybar ships returnable reels,a reel deposit may be included in the invoice.The Buyer should contact the nearest Graybar service location to return reels.
11.CERTIFICATION-Graybar hereby certifies that these goods were produced in compliance with all applicable requirements of Sections 6,7,and 12 of the Fair Labor Standards Act,as amended,and of regulations and
orders of the United States Department of Labor issued under Section 14 thereof This agreement is subject to Executive Order 11246,as amended,the Rehabilitation Act of 1973 g amended the Vietnam Veterans'
Readjustment Assistance Act of 1974,as amended E.O.13496,29 CFR Part 471,Appendix A to Subpart A,and the corresponding regulations,to the extent required by law.41 CFR 60-1.4,60-741.5,and 60-250.5 are
incorporated herein by reference,to the extent legally required.
12.FOREIGN CORRUPT PRACTICES ACT-Buyer shall comply with applicable laws and regulations relating.to anti-corruption,includin,without limitation,(i)the United States Foreign Corrupt Practices Act
(FCPA)(15 U.S.C.ga78dd-I et.seq.)irrespective of the place of performance and(ii)laws and regulations implementing the Organization for Economic Cooperation and Development's Convention on Combating
Bribery of Foreign Public Officials in International Business Transactions,the U.N.Convention Against Corruption,and the Inter-American Convention Against Corruption in Buyers country or any country where
performance of this agreement or delivery of goods will occur.
13.ASSIGNMENT-Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Graybar,and any such assignment,without such consent,shall be void.
14,GENERAL PROVISIONS-All typographical or clerical errors made by Graybar in any quotation,acknowledgment or publication are subject to correction.This agreement shall begoverned by the.laws of the State of
Missouri applicable to contracts to be formed and fully performed within the State of Missouri without giving effect to the choice or conflicts of law provisions thereof'All usts arising rom or concerning this agreement
shall be filed in the Circuit Court of St.Louis County Missouri,or the United States District Court for the Eastern District of Missouri,and no other place unless otherwise determined in Graybar s sole discretion.Buyer
hereby irrevocably consents to the jurisdiction of sucfi court or courts and agrees to appear in any such action upon written notice thereof
15.PAYMENT TERMS-Payment terms shall be as stated on Graybar s invoice or as otherwise mutually agreed.As a condition of the sales agreement,a monthly service charge of the lesser of 1-1/2%or the maximum
permitted by law may be added to all accounts not paid by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only.
16.EXPORTING-Buyer acknowledges that this order and the performance thereof are subject to compliance withany and all applicable United States laws,regulations,or orders Buyer agrees to comply with all such
laws,regulations and orders,including,if applicable,all requirements of the International Traffic in Arms Regulations and/or the x rt Administration Act,as may be amended.Buyer furtherthagrees that if the export
laws are applicable,it will not disclose or re-export any.technical data received under this order to any countries for which the United-States government requires an export license or other supporting documentation at the
time of export or transfer,unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.
Signed:
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR
Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,treight terms are F.O.B.shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 2 of 2
GraybaRe
DISTRICT MAIN HOUSE
2300 EAST 25TH ST
MINNEAPOLIS MN 55406-1221
Phone:612-728-3512
Fax: 612-728-2500
To: City of Shakopee Date: 07/12/2015
129 Holmes Street S
SHAKOPEE MN 55379-1328 Proj Name: TAHPAH SOFTBALL FIELDS
Attn: BILL EGAN GB Project Qte#: 223047289
Phone: 952-233-9300 Valid From: 07/10/2015
Fax: Valid To: 08/09/2015
Email: scott.moseman@graybar.com Contact: SCOTT MOSEMAN
Email: scott.moseman@graybar.com
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price
Notes: US COMMUNITIES ELECTRICAL CONTRACT NUMBER
MA-IS-1240234-3
STANDARD CONDITIONS AND EXCLUSIONS
1.THE POLE LOCATION SHALL BE CLEAR OF ALL UTILITIES BOTH UNDERGOUND AND
OVERHEAD.SPORTS TECHNOLOGIES INC WILL PROVIDE GOPHER 1 CALL.SPORTS
TECHNOLOGIES INC AND GRAYBAR ARE NOT RESPONSIBLE FOR THE LOCATION AND MARKING
OF ANY PRIVATELY OWNED UNDERGROUND INFRASTRUCTURE.SPORTS TECHNOLOGIES INC
AND GRAYBAR ARE ALSO NOT RESPONSIBLE FOR HITTING ANY INFRASTRUCTURE THAT IS NOT
MARKED(PAINTED AND FLAGGED)
2.SPORTS TECHNOLOGIES INC AND GRAYBAR ARE NOT RESPONSIBLE FOR ACCESS TO POLE
LOCATION INCLUDING FENCE REMOVAL TO ALLOW EQUIPMENT TO REACH POLE LOCATIONS. IT
SHALL BE THE OWNER'S RESPONSIBILITY FOR COMPLETE ACCESS TO SITE
3. IT IS ASSUMED THAT ALL DRILLING CAN BE COMPLETED UNDER STANDARD SOIL CONDITIONS
UNLESS OTHERWISE NOTED.THEREFORE ANY EXCESSIVELY ROCKY CONDITIONS OR HIDDEN
OBSTRUCTIONS MAY BE SUBJECT TO AN ADDITIONAL CHARGE
100 1 EA SPORTS TECH NOF SPORTS NSTALLATION OF $54,372.00 1 $54,372.00
TECHNOLOGY INC (12)MUSCO LIGHT
STRUCTURES
INCLUDING
UNLOADING OF
POLES AND
EQUIPMENT
INSTALL OF
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR
Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,frelght terms are F.O.B.shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 1 of 3
To: City of Shakopee Date: 07/12/2015
129 Holmes Street S Proj Name: TAHPAH SOFTBALL FIELDS
SHAKOPEE MN 55379-1328 GB Project Qte#: 223047289
Attn: BILL EGAN
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
CONCRETE BASES
MOUNTING
LIGHTING
EQUIPMENT TO
POLES SETTING
POLES AND
PROVIDING FINAL
AIMING AND
CHECKOUT.
PROJECT
INSTALLATION WILL
BE COMPLETED
FROM AND
INCLUDING
CONCRETE BASE
TO LUMINAIRE
ASSEMBLY
Total in USD (Tax not included): $54,372.00
This equipment and associated Installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR
Subject to the standard terms and conditions set forth In this document Unless otherwise noted.freight terms are F.O.B.shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 2 of 3
To: City of Shakopee Date: 07/12/2015
129 Holmes Street S Proj Name: TAHPAH SOFTBALL FIELDS
SHAKOPEE MN 55379-1328 GB Project Qte#: 223047289
Attn: BILL EGAN
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
TERMS AND CONDITICOMPANY
NS OF SALE C.
1.ACCEPTANCE OF ORDER TERMINATION-Acceptance of any order is subject to credit approval and acceptance of order by Graybar Electric Company,Inc.(Graybar")and,when applicable,Graybar's suppliers.
If credit of the buyer of the goods("Buyer")becomes unsatisfactory to Graybar,Graybar reserves the right to terminate upon nonce to Buyer and without liability to Graybar.
2.PRICES AND SHIPMENTS-Unless otherwise quoted,prices shall be those in effect at time of shipment,which shall be made F.O.B.shipping point,prepaid and bill.
3.RETURN OF GOODS-Credit may be allowed for goods returned with prior approval.A deduction may be made from credits issued to cover cost of handling.
4.TAXES-Prices shown do not include sales or other taxes imposed on the sale of goods.Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price.Buyer agrees to reimburse Graybar
for any such tax or provide Graybar with acceptable tax exemption certificate.
5.DELAY IN DELIVERY-Graybar is not to be accountable for delays in delivery occasioned by acts of God,failure of its suppliers to ship or deliver on time,or other circumstances beyond Graybar'o reasonable
control.Factory shipment or delivery dates are the best estimates of our suppliers,and in no case shall Graybar be liable for any consequential or special damages arising from any delay in shipment or delivery.
6.LIMITED WARRANTIES-Graybar warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties(includin without limitation warranties with respect to
intellectual propertyinfrin ement made to Graybar by the manufacturer of the goods.GRAYBAR MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIESHIREPRESENTATIIVE OFFGRAAYBAR TO
SOLD HERREUNNDER A MERCHANTABILITY
ENOT NTENDED FOR USE IN OR IN CONNECCTIONWIWITH(ld)ANY SAFE�TYGAPPLICATTIION OR BY
CONTAINMENT IAREA
FAO F A NUCLEAR
CANNOT B OR(2)IN HEALTHCARE
E AT ACARIMES LICATION,WHERE THE GOODS HAVE POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A SIX(6)
7.LIMITATION OF LIABILITY-Buyer's remedies under this agreement are subject to any limitations contained in manufacture?s terms and conditions to Graybar a copyof which will be furnished upon written
request.Furthermore Graybar's liabill shall be limited to either repair or replacement of the goods or refund of the purchase price,all at Graybafs option,and IN NO CASE SHALL GRAYBAR BE LIABLE FOR
INCIDENTAL,SPECIAL,OR CONSEQUENTIAL DAMAGES.In addition,claims for shorges,other than loss in transit,must be made in writing not more than five(5)days after receipt of shipment.
8.WAIVER-The failure of Graybar to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms,conditions,or
rights in the future,nor shall it be deemed to be a waiver of any other term,condition,or right under this agreement
9.MODIFICATION OF TERMS AND CONDITIONS-These terms and conditions supersede all other communications,negotiations,and prior oral or written statements regarding the subject matter of these terms and
conditions.No change modification,rescission,discharge,abandonment,or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly Authorized
representative of Graybar.No conditions,usage of trade,course of dealing or performance understandingor agreement,purporting to modify,vary explain,or supplement these terms andconditions shall be binding
unless hereafter made in writingand signed by the party to be bound.Any proposed modifications or additionalterms are specifically rejected and deemed a material alteration hereof If this document shall be deemed an
acceptance of a prior offer by Buyer,such acceptance is expressly conditional upon Buyer's assent to any additional or different terms set forth herein.
10.REELS-When Graybar ships returnable reels,a reel deposit may be included in the invoice.The Buyer should contact the nearest Graybar service location to return reels.
11 CERTIFICATION-Graybar hereby certifies that these goods were produced in compliance with allapplicable requirements of Sections 6,7,and 12 of the Fair Labor Standards Act,as amended,and of regulations and
orders of the United States Department of Labor issued under Section 14 thereof.This agreement is subject to Executive Order 11246,as amended,the Rehabilitation Act of 1973 as amended the Vietnam Veterans'
Readjustment Assistance Act of 1974,as amended E.O.13496,29 CFR Part 471,Appendix A to Subpart A,and the corresponding regulations,to the extent required by law.41 CFR 60-1.4,60-741.5,and 60-250.5 are
incorporated herein by reference,to the extent legally required.
12.FOREIGN CORRUPT PRACTICES ACT-Buyer shall comply with applicable Taws and regulations relating to anticorruption,including,without limitation,(i)the United States Foreign Corrupt Practices Act
(FCPA)(15 U.S.C.y578dd-1 et.seq.)irrespective of the place of performance and(u)laws and regulations implementinthe Organization for Economic Cooperation and Development's Convention on Combating
Bribery of Foreign Public Officials in International Business Transactions,the U.N.Convention Against Corruption,and the Inter-American Convention Against Corruption in Buyer's country or any country where
performance of this agreement or delivery of goods will occur.
13.ASSIGNMENT-Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Graybar,and any such assignment,without such consent,shall be void.
14.GENERAL PROVISIONS-All typographicalpor clerical errors made by Graybar inany quotation,acknowledgment or publication aresubject to correction.This a reement shall be governed by the.laws of the State of
Missouri applicable to contracts to be orme. and fully performed withinthe State of Missouri without giving effect to the choice or conflicts of law provisions thereof.Alt suits arising from or concerning this agreement
shall be filed in the Circuit ourt of St.Louis County Missouri,or the United States District Court for theEastern District of Missouri,and no other place unless otherwise determined in Graybar's sole discretion.Buyer
hereby irrevocably consents to the jurisdiction of suchcourt or courts and agrees to appear in any such action upon written notice thereof.
15.PAYMENT TERMS-Payment terms shall be as stated on Graybar's invoice or as otherwise mutually agreed.As a condition of the sales agreement,a monthly service charge of the lesser of 1-1/2%or the maximum
permitted by law may be added to all accounts not paid by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only.
16.EXPORTING-Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all ap licable United States laws,regulations,or orders.Buyer agrees to comply with all such
laws,regulations and orders,including,if applicable,all requirements of the International Traffic in Arms Regulations and/or the-Export Administration Act,,as may be amended.Buyer further agrees that if the export
lows are applicable,it will not disclose or re-export anytechnical data received under this order to any countries for which the United States,government requires an export license or other supporting documentation at the
time of export or transfer,unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.
Signed:
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR
Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,frelght terms are F.O.B.shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 3 of 3
GraybaR.
DISTRICT MAIN HOUSE
2300 EAST 25TH ST
MINNEAPOLIS MN 55406-1221
Phone:612-728-3512
Fax: 612-728-2500
To: City of Shakopee Date: 07/12/2015
129 Holmes Street S
SHAKOPEE MN 55379-1328 Proj Name: TAHPAH FOOTBALL INSTALL
Attn: BILL EGAN GB Project Qte#: 223046654
Phone: 952-233-9300 Valid From: 07/10/2015
Fax: Valid To: 08/09/2015
Email: scott.moseman@graybar.com Contact: SCOTT MOSEMAN
Email: scott.moseman@graybar.com
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price
Notes: US COMMUNITIES ELECTRICAL CONTRACT NUMBER:
MA-IS-1340234-3
STANDARD CONDITIONS AND EXCLUSIONS
1.THE POLE LOCATION SHALL BE CLEAR OF ALL UTILITIES BOTH UNDERGOUND AND
OVERHEAD. SPORTS TECHNOLOGIES INC WILL PROVIDE GOPHER 1 CALL.SPORTS
TECHNOLOGIES INC AND GRAYBAR ARE NOT RESPONSIBLE FOR THE LOCATION AND MARKING
OF ANY PRIVATELY OWNED UNDERGROUND INFRASTRUCTURE. SPORTS TECHNOLOGIES INC
AND GRAYBAR ARE ALSO NOT RESPONSIBLE FOR HITTING ANY INFRASTRUCTURE THAT IS NOT
MARKED (PAINTED AND FLAGGED)
2.SPORTS TECHNOLOGIES INC AND GRAYBAR ARE NOT RESPONSIBLE FOR ACCESS TO POLE
LOCATION INCLUDING FENCE REMOVAL TO ALLOW EQUIPMENT TO REACH POLE LOCATIONS. IT
SHALL BE THE OWNER'S RESPONSIBILITY FOR COMPLETE ACCESS TO SITE
3.IT IS ASSUMED THAT ALL DRILLING CAN BE COMPLETED UNDER STANDARD SOIL CONDITIONS
UNLESS OTHERWISE NOTED. THEREFORE ANY EXCESSIVELY ROCKY CONDITIONS OR HIDDEN
OBSTRUCTIONS MAY BE SUBJECT TO AN ADDITIONAL CHARGE
100 1 EA SPORTS TECH NOF SPORTS INSTALLATION OF $26,784.00 1 $26,784.00
TECHNOLOGY INC (4)MUSCO LIGHT
STRUCTURES
INCLUDING
UNLOADING OF
POLES AND
EQUIPMENT
INSTALL OF
This equipment and associated installation charges may be financed fora low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR
Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,freight terms are F.O.B.shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 1 of 3
To: City of Shakopee Date: 07/12/2015
129 Holmes Street S Proj Name: TAHPAH FOOTBALL INSTALL
SHAKOPEE MN 55379-1328 GB Project Qte#: 223046654
Attn: BILL EGAN
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
CONCRETE BASES
MOUNTING
LIGHTING
EQUIPMENT TO
POLES SETTING
POLES AND
PROVIDING FINAL
AIMING AND
CHECKOUT.
PROJECT
INSTALLATION WILL
BE COMPLETED
FROM AND
INCLUDING
CONCRETE BASE
TO LUMINAIRE
ASSEMBLY
Total in USD(Tax not included): $26,784.00
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For mom Information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR
Subject to the standard terms and conditions set forth in this document Unless otherwise noted,freight terms are F.O.B.shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 2 of 3
To: City of Shakopee Date: 07/12/2015
129 Holmes Street S Proj Name: TAHPAH FOOTBALL INSTALL
SHAKOPEE MN 55379-1328 GB Project Qte#: 223046654
Attn: BILL EGAN
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
RSADNSFSLE C
TERMS AND CONITIONOA
1.ACCEPTANCE OF ORDER TERMINATION-Acceptance of any order is subject to credit approval and acceptance of order by Graybar Electric Company,Inc._("Graybar")and,when applicable,Graybar's suppliers.
If credit of the buyer of the goods("Buyer")becomes unsatisfactory to Graybar,Graybar reserves the right to terminate upon notice to Buyer and without liability to Graybar.
2.PRICES AND SHIPMENTS-Unless otherwise quoted,prices shall be those in effect at time of shipment,which shall be made F.O.B.shipping point,prepaid and bill.
3.RETURN OF GOODS-Credit may be allowed for goods returned with prior approval.A deduction may be made from credits issued to cover cost of handling.
4.TAXES-Prices shown do not include sales or other taxes imposed on the sale of goods.Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price.Buyer agrees to reimburse Graybar
for any such tax or provide Graybar with acceptable tax exemption certificate.
5.DELAY IN DELIVERY-Graybar is not to be accountable for delays in delivery occasioned by acts of God,failure of its suppliers to ship or deliver on time,or other circumstances beyond Graybar's reasonable
control.Factory shipment or delivery dates are the best estimates of our suppliers,and in no case shall Graybar be liable for any consequential or special damages arising from any delay in shipment or delivery.
6.LIMITED
DrWpArRryRAN tTIIES-Graybar warrantsnthat}all goods sold are free of Qany securityinterest and will make available to Buyer all transferable warrantiess(including withoutlimitation warranties with respect to
WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIEof
WARRAANTIESS OF MERCHANTABILLITYEAEXPRESS
D FIITNESSS FOR PURPOSE.UNLNESS(SAND OTHEERSPECIFICALLY
ISAGREED DISCLAIMS IBY AN PLIED
AUTHORIZED
AREA OFTA NUCLEAR FACIILIITT 0 (( )PRODUCTS HEAALTHCARREDAPPLARE
CATIION INTENDED
DTHEE GOODS HOAVE POTENTIAL DIRECT PATIENT ECONTACT OR WHERE THE X(6)
FOOT CLEARANCE FROM A PATIENT CANNOT B):MAINTAINED AT ALL TIMES.
7.LIMITATION OF LIABILITY-Bre s remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions to Graybar a copy of which will be famished upon written
request.Furthermore Graybar's liabilshall be limited to either repair or replacement of the goads or refund of the purchase price,all at Graybar'.s option,and IN NO CASE SHALL GRAYBAR BE LIABLE FOR
INCIDENTAL,SPECIAL,OR CONUENTIAL DAMAGES.In addition,claims for shorges,other than loss in transit,must be made in writing not more than five(5)days after receipt of shipment.
8.WAIVER-The failure of Graybar to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms,conditions,or
rights in the future,nor shall it be deemed to be a waiver of any other term,condition,or right under this agreement.
9.MODIFICATION OF TERMSAND CONDITIONS-These terms and conditions supersede all other communications,negotiations,and prior oral or written statements regarding the subject matter of these terms and
conditions.No change modification,rescission,discharge,abandonment,or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf b a duly authorized
representative of Graybar.No conditions,usage of trade,course of dealing or performance understanding or agreement,purporting to modify,vary explain,or supplement these terms and conditions shall be binding
unless hereafter made in writ=¢and signed by the party to be bound.Any proposed modifications or additionalterms are Specifically rejected and deemed a material alteration hereof If this document shall be deemed an
acceptance of a prior offer by'Buyer,such acceptance is expressly conditional upon Buyers assent to any additional or different terms set forth herein.
10.REELS-When Graybar ships returnable reels,a reel deposit may be included in the invoice.The Buyer should contact the nearest Graybar service location to return reels.
11 CERTIFICATION-Grbar hereby certifies that these goads were produced in compliance with all applicable requirements of Sections 6,7,and 12 of the Fair Labor Standards Act,as amended,and of reulations and
orders of the United States Department of Labor issued under Section 14 thereof This agreement is subject to Executive Order 11246,as amended,the Rehabilitation Act of 1973 as amended the Vietnam Veterans'
Readjustment Assistance Act of 1974,as amended E.O.13496,29 CFR Part 471,Appendix A to Subpart A,and the corresponding regulations,to the extent required by law.41 CFR 60-1.4,60-741.5,and 60-250.5 are
incorporated herein by reference,to the extent legally required.
12 FOREIGN CORRUPT PRACTICES ACT-,Buyer shall comply with applicable laws and regulations relating to anticorruption,including,without limitation,(i)the United States Foreign Corrupt Practices Act
(FCPA )(15 U.S.C.gg78dd-1 et.seq.)irrespective of the place of performance and(n)laws and regulations implementing the Organization for Economic Cooperation and Development's Convention on Combating
Bribery of Foreign Public Officials in International Business Transactions,the U.N.Convention Against Corruption,and the Inter-American Convention Against Corruption in Buyer's country or any country where
performance of flus agreement or delivery of goods will occur.
13.ASSIGNMENT-Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Graybar,and any such assignment,without such consent,shall be void.
14.GENERAL PROVISIONS-All typographical or clerical errors made by Graybar in any quotation,acknowledgment or publication are subject to correction.This agreement shalt be overned by the.laws of the State of
Missouri applicable to contracts to be ormeo and fully performed within the State of Missouri without giving effect to the choice or conflicts of law provisions thereof All suits arismg from or concerning this agreement
shall be filed in the Circuit Court of St.Lours County Missouri,or the United States District Court for the_Eastern District of Missouri,and no other place unless otherwise determined in Graybar's sole discretion.Buyer
hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof
15.PAYMENT TERMS-Payment terms shall be as stated on Graybar's invoice or as otherwise mutually agreed.As a condition of the sales agreement,a monthly service charge of the lesser of 1-1/2%or the maximum
permitted by law may be added to all accounts not paid by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only.
16.EXPORTING-Buyer acknowledgesthat this order and the performance thereof are sukJjject to compliance with any and all ap licable United States laws,regulations,or orders.Buyer agrees to comply with all such
laws,regulations and orders,including,if applicable,all requirements of the'International Traffic in Arms Regulations and/or the Export Administration Act„as may be amended.Buyer further agrees if the export
laws are applicable,it will not disclose or re-export any,techmcal data received under this order to any countries for which the United States ovemment requires an export license or other supporting documentation at the
time of export or transfer,unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.
Signed:
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services(subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar,visit our website at www.graybar.com 24-Hour Emergency Phone#:1-800-GRAYBAR
Subject to the standard terms and conditions set forth In this document Unless otherwise noted,freight terms are F.O.B.shipping point prepaid and bill.
Unless noted the estimated ship date will be determined at the time of order placement.
Page 3 of 3