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Home My WebLink About86- Montana Power Co. Agreement . . ! . , AGREEMENT THIS AGREEMENT, made and entered into as of the /SI day of "July 198~ by and between: THE MONTANA POWER COMPANY, a Montana corporation, whose principal offices are located at 40 East Broadway, Butte, Montana ("The Company") i and THE CITY OF BOZEMAN a municipal corporation under the laws of the State of Montana ("The City"). W I T N E SSE T H : WHEREAS, the City and the Company have existing agreements relating to the ownership, operation and maintenance of the existing structure consisting of 1 (one) 400 watt mercury vapor luminaire on a steel pole. WHEREAS, the State has contracted with the City to remove the existing structure and desires to illuminate the area with 1 (one) 400 watt high pressure sodium vapor luminaire in project F 50-2(16)88 in the City of Bozeman, Montana and located as shown on attached Exhibit A, which is incorporated herein by this reference: WHEREAS, the City desires to enter into an Agreement with the Company for the operation and maintenance of the system and the company desires to operate and maintain the system pursuant to the terms and conditions of this Agreement: 1 I . ! I ,- Now, therefore, in consideration of the mutual promises made, the parties agree as follows: 1. CONSTRUCTION AND OWNERSHIP OF THE SYSTEM .- ~~ The State shall at its sole expense, purchase, construct, locate and establish a highway lighting system (the "System") at the location shown on Exhibit ! A. The System shall be located and established on the ! City's right-of-way and shall remain the exclusive property of the City from the initial point of energy delivery. 2. INDEMNIFICATION The City shall fully indemnify and save harmless the I Company from and against all claims and actions, and all expenses incidental to the defense of any such claims or actions, based upon or arising out of injuries or damages to persons or property caused by or sustained in connection with the operation and maintenance of the System, or by conditions created thereby or arising out of the performance of any of the work under this Agreement or extra work, excluding, however, the negligence of the Company. Additionally, if requested i l by the Company, the City shall assume, without expense t to the Company, the defense of any such claims or I ! actions. This indemnification paragraph shall not be I considered as a waiver of the City's sovereign immunity f relating to third parties. 3. OPERATION AND MAINTENANCE OF THE SYSTEM The Company agrees to provide the electrical energy and normal maintenance of the System pursuant to the terms and conditions of paragraph 4, CHARGES. Lights in the System shall be turned on at dusk and turned off at dawn. The Company agrees to clean the glassware used in the System when, in the Company's opinion, the cleaning is necessary. During regular working hours and within a reasonable time after notification from the City of breakage or outages in the System, the Company shall repair or replace glassware or bulbs damaged through normal wear and breakage. Normal wear and breakage does not include maintenance or repairs required as a result of traffic accidents, vandalism, or other criminal or tortious actions. In addition to the repair or replacement of 2 . I ~ i glassware and bulbs damaged through normal wear and breakage, the Company agrees to replace the bulbs used in the system at least upon expiration of the manufacturer's economic life of the bulbs. All bulbs replaced or renewed shall be of equal quality or color i ( I corrected as the original installations. i I 4. CHARGES I I The City undertakes and agrees to pay the Company for the operation including supplying electrical energy and normal maintenance of the System. The monthly rate that the company shall charge for performing these services on the System is: NEW LIGHT i 400 WATT HIGH PRESSURE SODIUM VAPOR I I Energy and Normal Maintenance Charge $ 8. 59jLuminaire I I 1 - 400 watt H.P.S.V. at $8.59 = $ 8. 59jmonth REMOVED LIGHT 400 WATT MERCURY VAPOR ON STEEL POLE Energy and normal maintenance charge $ 11.93jluminaire I I 1 - luminaire at $11. 93 = $ 11. 93jMonth i f 1 All rate schedules hereinafter approved, whether as i temporary, interim or final rates and all rate adjustments authorized by the Montana Public Service , ! Commission, (the "Commission") or its successor, with respect to the System shall be deemed amendments to this Agreement. Additionally, the rate schedule of this I Agreement applies only to the luminaires shown on ! Exhibit A, the subsequent installation of any additional l units to the System shall be in accordance with the rate schedule in effect at the time of the installation. 5. PREVIOUS AGREEMENTS All previous agreements between the City and the Company relating to street lighting in the area of the System I are hereby superseded and replaced by this Agreement. 3 < I I I ! ! 6. ADDITIONAL REPAIRS The monthly charge for electrical energy and normal maintenance does not include costs for maintenance or repairs required as a result of traffic accidents, vandalism, or other criminal or tortious actions. The Company agrees to provide additional repairs to the System (other than normal wear and breakage) on request I I of the City. The City agrees to pay the Company the ! costs of such repai rs. The costs of such repairs shall be the total cost of materials, equipment and labor, plus a percentage equivalent of the Company's current fringe benefits and overhead costs. 7. FLAG PERSONS; PATROLLING THE SYSTEM The City shall provide flag persons for Company crews working on the luminaires and relamping. This work is considered exceptionally hazardous due to the volume of , i traffic and the high mounting height. The flagging crew I provided by the City shall control traffic flow f according to standard City procedures, while Company crews are working on the System. The Company shall i provide the City with reasonable notice of the time that ! a flagging crew is needed. r The City shall use their best efforts to patrol the System to prevent vandalism to the System. The Company shall have no obligation to patrol the System. 8. TERM 1 This Agreement shall have a term of three years from the date of execution and shall be renewed for an additional three year period unless any party gives written notice to the other party, at least ninety (90) days before the expiration date of this Agreement, of its intention not I to renew the Agreement. 9. PAYMENT : , Payment for the services rendered under this Agreement , shall be due and payable in cash or valid warrants at the office of the Company in Bozeman, Montana, when rendered each month, and will become delinquent ten (10) days thereafter. If any bill remains delinquent for more than twenty (20) days, the Company may discontinue its services without further notice. , , ! 4 ~ , , ! < I I I I 10. FORCE MAJEURE I It is understood and agreed that the Company shall not be liable for failure to comply with any of the terms and conditions of this Agreement where such failure is , caused by acts of God, governmental regulations or orders, strikes or labor difficulties, fires, floods, droughts, riots, destruction of property, or without being limited by the foregoing, by any other cause beyond the reasonable control of the Company. 11- NOTICE I Any notice to be given under this agreement may be served upon a party personally or served by mail directed to the party at the following addresses: I THE MONTANA POWER COMPANY I , P. O. BOX 490 I BOZEMAN, MT. 59715 I THE CITY OF BOZEMAN I P. o. BOX 640 I BOZEMAN, MT. 59715 I 12. EQUAL OPPORTUNITY The terms of the Equal Opportunity Clause, attached hereto as Exhibit B, and by this reference incorporated herein are a part of this Agreement. I , 5 I , , , . , IN WITNESS WHEREOF, the parties have signed this Agreement on the date first above written. . THE MONTANA POWER COMPANY rll.< l)- '))-j,- ;4~' ~, ~ . c.4 ." By . ,,( ~~;l4.g-e,.c1'""~"",, '--- Mana'ger, Bozeman Division ,.'~~ -'~."'?_7 I ATTEST: /. __ U'" '-j (i { i.- j'''') C ~"J.-d..-. ,;,;"" '-- .' ATTEST: ~~ ol.JJ!~ i ! i , i ; 6 ! ." ~ ~----. -~--~ -- .._-~ -~ -- :, ~ 1'" DE 5' GN DATA MONTANA DEPARTMENT OF HIGHWAYS I..D.T. A.D.T. . FEDERAL AID PROJECT NO. F 50-2 U61 88 D. H.V. . ~ . TRAFFIC CONTROL DEVICES T . . . ~... .. 1IAIN STREET & 15TH AVENUE LETTING iDA TIE - , ~' BOZEMAN i ~' GALLA TIN COUNTY I ~.,;.. 1 \:7.:, I '~ "<\i"c PRELtM1NARY , " DEO S 1 '985 -1 ~~ -t; ,...; "- .~- ......:: 'f': ft~~~~ .. ~ilii ~. ~': --- ~ .~~* ~ .- i.l-f y~ . ~ 'OJ.~ , , - , I Jlll.....UIQ ,.. Q.JE:CTS ! AII'PI'IJ'ltO: I i I "'~ ..::!. LD 1'I.B..:E::. I II L r;;;..," ~. WI-t.JC:!I HON~ ~:k..". PIlE.<:aN'STJIUCT IQ.. "1II11!:AJ.I U.s..DEIl'roJIlTlolblT ~ 'fIiUIN!iII"OfT&'nOfII P'EOIERAL.it4l(iHlJI&T~ &SSOCI&Tf:D- iP'ItO.tECT AGRUWUT ......1[1I1 , -.." It \lIP .. i.e. "P. I. F 50-2~ 161-88 -------- ..'" OO....IM>>IIL-DIII...~TQlII . -_. ! '., -..- --'----..._-....-:..,. . ------ - -