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Home My WebLink AboutUntitled PAW/ • • DATE AV CH 45E:DRO NO PURCHASE S ORDERTYPE HB 01 /07/98 ....................................................... ........................................................ ....................................................... ........................................................ ....................................................... ........................................................ NORTHERN STATES POWER COMPANY Northern States Power Co. 41 4 NICOLLET MALL MAIL \ Accounts Payable Dept. SHIP TO: INVOICE /> P.O. Box 9366 MINNEAPOLIS MN55401 TO: Minneapolis, MN 55440-9366 ATTN- Unless Otherwise Indicated Below MARK-FOR E-F U E L B Mail All Acknowledgments, And Correspondence Promptly To Northern States Power Company CITY OF OAK PARK HEIGHTS -1 FUEL SUPPLY P 0 BOX 2007 414 NICOLLET MALL 14168 NORTH 57TH ST MINNEAPOLIS MN 55401 STILLWATER MN 55082 1 PAGE 1 COFAKPB F. .B. NOT OT APPLICABLE AND LINE..N ::I MUST.APAEA;I :.: Scheduled Terms: ON:AL# PAPEFXS; DPftCKAGES......... Delivery Date 01 /05/98NET 30 DAYS ................................................................................................ Account Or W.O. Number Requisition No. Requisitioner Buyer 03120 61 . 01 . 34. 44-00 D066459 SHIPTON ALLEN H DUANE L. RICHARDS Line No. Quantity Material Or Services To Be Furnished Price THE CITY OF OAK PARK HEIGHTS SHALL ACCEPT THE DISCHARGE BY NSP OF LEACHATE WASTEWATER ACCUMULATED AT THE A S KING ASH DISPOSAL SITE. THE CITY SHALL INVOICE NSP QUARTERLY FOR DISCHARGES, WITH QUANTITIES FOR THE QUARTER BASED ON DISCHARGE REPORTS SUPPLIED BY NSP. THIS PURCHASE ORDER APPLIES TO DISCHARGES DURING THE 1998 CALENDAR YEAR AND SHALL TERMINATE ON DECEMBER 31 , 1998. PLEASE DISREGARD THE ABOVE INVOICE MAILING ADDRESS AND SEND ALL INVOICES TO: NORTHERN STATES POWER COMPANY FUEL RESOURCES DEPARTMENT 414 NICOLLET MALL - REN SQ 10 MINNEAPOLIS, MINNESOTA 55401 PLEASE SIGN THE ACKNOWLEDGEMENT COPY AND D @L5 Q L! �l RETURN TO NSP FUEL RESOURCES DEPARTMENT. ATTN: AL SHIPTON Fe I 8 1998 I PAYMENT CANNOT BEGIN UNTIL THE SIGNED ACKNOWLEDGEMENT COPY HAS BEEN RECEIVED See Reverse Side For Additional Terms And Conditions Applying To This Order REV. 3/1/91 TAXES MATERIAL SUBJECT TO TAX OF STATE TO WHERE MATERIAL IS SHIPPED. ACTUAL FREIGHT CHARGES ARE GENERALLY TAX EXEMPT AND MUST BE SHOWN SEPARATELY ON INVOICE. TERMS AND CONDITIONS OF PURCHASE ORDER 1.0 The Seller shall manifest acceptanceis Purchase Order by executing the enclosrchase Order Acknowledgment copy and returning it to NSP Fuel SuDepartment, 414 Nicollet Mall, within 30 days of the "Purchase Order Date" noted on the front of this Purchase Order. Shipment of goods within 30 days of the "Purchase Order Date" shall constitute acceptance of this Purchase Order and satisfy this requirement. 2.0 This Purchase Order, including these Terms and Conditions, the Specifications, and any additional Terms and Conditions incorporated into and attached or referenced hereto, constitute the sole and entire agreement between the parties. Unless expressly accepted by NSP in writing, no other terms and conditions in conflict, or in addition to, those stated herein, shall be binding on NSP. 3.0 Unless otherwise specified, the price for goods and work includes all charges for packaging, boxing and crating, shipments shall be F.O.B. Origin and shall be routed in accordance with the attached routing instructions. 4.0 NSP shall have the right to cancel or suspend, by written notice, in whole or in part, this Purchase Order. Except in the case of termination for breach, allowance will be made for normal and reasonable expenses incurred by Seller prior to receipt of notice of cancellation, but NSP will not be liable for any charge or expenses incurred by Seller in advance of the normal or reasonable lead time necessary to meet scheduled delivery dates nor for any expenses, charges or liability incurred subsequent to the giving of notice of cancellation. For the purchase of this provision, Seller shall conclusively be deemed to have breached this contract in the event Seller becomes insolvent or commits an act of bankruptcy. 5.0 Seller shall, at its own expense, hold harmless and defend NSP against any claim, suit or proceeding brought against NSP which is based on a claim, whether rightful or otherwise, that the goods or services, or any part thereof, furnished under this Purchase Order, constitute(s) an infringement of any patent, copyright, or trade secret, and Seller shall pay all damages, costs, and expenses arising from such claim. 6.0 The Seller shall defend, indemnify and hold NSP harmless from and against all claims asserted by a third party (or parties), including employees of either NSP or Seller, and related damages, losses and expenses, including attorneys' fees, arising out of or resulting from Seller's performance of or failure to perform under this Purchase Order. 7.0 a) The Seller shall maintain Worker's Compensation Insurance and such insurance as will protect it and NSP from claims because of bodily injury, including death, and property damage which may arise out of or be connected with the performance of this Purchase Order, whether such claim arises out of the act, or failure to act or Seller or of NSP or of the direct or indirect delegee, appointee or employee of either of them. b) If Seller's employees or agents are to be on NSP's premises in the performance of this Purchase Order, the Seller shall maintain insurance written in the kinds and minimum limits of liability specified below. 1) Workmen's Compensation Statutory– Employer's Liability Limit – $100,000 each employee 2) Comprehensive General Liability Insurance Contractual to include coverage for Hold Harmless Agreement in Item 6 above Bodily–Injury – $100,000 each person $300,000 each occurrence Property Damage – $50,000 each occurrence $100,000 each aggregate c) If requested by NSP, the Seller shall file certificates of the aforementioned insurance with NSP on the Standard Minnesota AIA–AGC Joint Committee Form AA-701, or other form acceptable to NSP. 8.0 The Terms and Conditions provided herein and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Minnesota 9.0 The Seller warrants that all the goods and services furnished hereunder shall be produced And furnished in compliance with all applicable federal, state and local laws, orders and regulations. NSP shall have the benefit of all warranties implied at law, and all express warranties made by Seller. Unless otherwise specified herein, the Seller shall obtain all permits necessary for performance under this Purchase Order. 10.0 All goods and services shall be subject to NSP's inspection and acceptance or rejection within a reasonable time after receipt at NSP. The making or failure to make any inspection of, or payment for or acceptance of the goods and services shall in no way impair NSP's right to reject or revoke its acceptance of nonconforming goods, or to avail itself of any `"" other"-remedies to which NSP may be entitled, notwithstanding NSP's knowledge of the nonconformity, its substantiality or ease of discovery 11.0 In making payments hereunder, NSP shall be entitled to conclusively presume that payment information furnished : b t G making, such as name, account number(s) and name of payee is accurate. In no event shall NSP make a `� second payment where the first payment is made in accordance with such vendor furnished information. L.__ 1.2.18-•NSP-personnel or assigned agents shall have the right of access to Seller's and Seller's major suppliers plant(s) for inspection of the goods and/or expediting purposes. As required by NSP, Seller shall supply schedules and progress —.reports to NSP for use in expediting. 13.0 All provisions of Appendix I "Requirements Concerning Minority, Veteran and Handicapped Employment Opportunities" are hereby incorporated and made a part of the Terms and Conditions of this Purchase Order. 14.0 During the performance of this Purchase Order, the Seller shall be an independent contractor and not an agent of NSP. REV. 3/1/91 Mr, • 141 • DATE MURCHASEAMDEICNO>: PURCHASE ORDER TYPEHB 01 /07/98 «< M$$1F>8 >'>>' NORTHERN STATES POWER COMPANY Northern States Power Co. 414 NICOLLET MALL MAIL Accounts Payable Dept. SHIP TO:> INVOICE P.O. Box 9366 MINNEAPOLIS MN55401 TO: > Minneapolis, MN 55440-9366 ATTN- Unless Otherwise Indicated Below MARK-FOR E-F U E L B Mail All Acknowledgments, And Correspondence Promptly To Northern States Power Company CITY OF OAK PARK HEIGHTS FUEL SUPPLY P 0 BOX 2007 414 NICOLLET MALL 14168 NORTH 57TH ST MINNEAPOLIS MN 55401 STILLWATER MN 55082 1 PAGE 2 COFAKPB F.O.B. NOT I . .B. 0 APPLICABLE L E 0 1:10.raURCHASE:ORDE#'iI `. :: ;' : ::::... Scheduled Terms: N:ON ALL P.APEIF AND>_P CKAG,ES. Delivery Dat e 1 NET 0 05 98 30 / / DAYS Account Or W.O. Number Requisition No. Requisitioner Buyer 03120 61 . 01 . 34. 44-00 D066459 SHIPTON ALLEN H DUANE L. RICHARDS Line No. Quantity Material Or Services To Be Furnished Price BY THE FUEL RESOURCES DEPARTMENT. See Reverse Side For Additional Terms And Conditions Applying To This Order REV. 3/1/91 TAXES NORTHERN STA ES POWE MATERIAL SUBJECT TO TAX OF STATE TO WHERE1 , B Y /(, MATERIAL IS SHIPPED. ACTUAL FREIGHT CHARGES ,��J - _ ARE GENERALLY TAX EXEMPT AND MUST BE SHOWN SEPARATELY ON INVOICE. AUTHORIZED SIGNATURE TERMS AND CONDITIONS OF PURCHASE ORDER 1.0 The Seller shall manifest acceptance sPurchase Order by executing the enclosrchase Order Acknowledgment copy and returning it to NSP Fuel Sup Department, 414 Nicollet Mall, within 30 days of the "Purchase Order Date" noted on the front of this Purchase Order. Shipment of goods within 30 days of the "Purchase Order Date" shall constitute acceptance of this Purchase Order and satisfy this requirement. 2.0 This Purchase Order, including these Terms and Conditions, the Specifications, and any additional Terms and Conditions incorporated into and attached or referenced hereto, constitute the sole and entire agreement between the parties. Unless expressly accepted by NSP in writing, no other terms and conditions in conflict, or in addition to, those stated herein, shall be binding on NSP. 3.0 Unless otherwise specified, the price for goods and work includes all charges for packaging, boxing and crating, shipments shall be F.O.B. Origin and shall be routed in accordance with the attached routing instructions. 4.0 NSP shall have the right to cancel or suspend, by written notice, in whole or in part, this Purchase Order. Except in the case of termination for breach, allowance will be made for normal and reasonable expenses incurred by Seller prior to receipt of notice of cancellation, but NSP will not be liable for any charge or expenses incurred by Seller in advance of the normal or reasonable lead time necessary to meet scheduled delivery dates nor for any expenses, charges or liability incurred subsequent to the giving of notice of cancellation. For the purchase of this provision, Seller shall conclusively be deemed to have breached this contract in the event Seller becomes insolvent or commits an act of bankruptcy. 5.0 Seller shall, at its own expense, hold harmless and defend NSP against any claim, suit or proceeding brought against NSP which is based on a claim, whether rightful or otherwise, that the goods or services, or any part thereof, furnished under this Purchase Order, constitute(s) an infringement of any patent, copyright, or trade secret, and Seller shall pay all damages, costs„and expenses arising from such claim. 6.0 The Seller shall defend, indemnify and hold NSP harmless from and against all claims asserted by a third party (or parties), including employees of either NSP or Seller, and related damages, losses and expenses, including attorneys' fees, arising out of or resulting from Seller's performance of or failure to perform under this Purchase Order. 7.0 a) The Seller shall maintain Worker's Compensation Insurance and such insurance as will protect it and NSP from claims because of bodily injury, including death, and property damage which may arise out of or be connected with the performance of this Purchase Order, whether such claim arises out of the act, or failure to act or Seller or of NSP or of the direct or indirect delegee, appointee or employee of either of them. b) If Seller's employees or agents are to be on NSP's premises in the performance of this Purchase Order, the Seller shall maintain insurance written in the kinds and minimum limits of liability specified below. 1) Workmen's Compensation Statutory— Employer's Liability Limit — $100,000 each employee 2) `Comprehensive General Liability Insurance Contractual to include coverage for Hold Harmless Agreement in Item 6 above Bodily—Injury —$100,000 each person $300,000 each occurrence Property Damage — $50,000 each occurrence $100,000 each aggregate c) If requested by NSP, the Seller shall file certificates of the aforementioned insurance with NSP on the Standard Minnesota AIA—AGC Joint Committee Form AA-701, or other form acceptable to NSP. 8,0 The Terms and Conditions provided herein and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Minnesota 9.0 The Seller warrants that all the goods and services furnished hereunder shall be produced and furnished in compliance with all applicable federal, state and local laws, orders and regulations. NSP shall have the benefit of all—warranties implied at law, and all express warranties made by Seller. Unless otherwise specified herein, the Seller shall obtain all permits necessary for performance under this Purchase Order. 10.0 All goods and services shall be subject to NSP's inspection and acceptance or rejection within a reasonable time after receipt at NSP. The making or failure to make any inspection of, or payment for or acceptance of the goods and services shall in no way impair NSP's right to reject or revoke its acceptance of nonconforming goods, or to avail itself of any other remedies to which NSP may be entitled, notwithstanding NSP's knowledge of the nonconformity, its substantiality or ease of discovery 11.0 In making payments hereunder, NSP shall be entitled to conclusively presume that payment information furnished by the vendor, such as name, account number(s) and name of payee is accurate. In no event shall NSP make a second payment where the first payment is made in accordance with such vendor furnished information. 12.0 NSP personnel or assigned agents shall have the right of access to Seller's and Seller's major suppliers plant(s) for inspection of the goods and/or expediting purposes. As required by NSP, Seller shall supply schedules and progress reports to NSP for use in expediting. 13.0 All provisions of Appendix I "Requirements Concerning Minority, Veteran and Handicapped Employment Opportunities” are hereby incorporated and made a part of the Terms and Conditions of this Purchase Order. 14.0 During the performance of this Purchase Order, the Seller shall be an independent contractor and not an agent of NSP. REV. 3/1/91