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Home My WebLink AboutNorthwestern Energy Street Lighting Agreement, 2006 STREET LIGHTING AGREEMENT THIS AGREEMENT is made and entered into this 24th day of Auqust, 2006, by and between NORTHWESTERN ENERGY, L.L.C., A Montana L L.C , having its principal office and place of business at 40 East Broadway, Butte, Montana, 59701 (hereinafter Company or NWE), and the City of Bozeman, a municipal entity of the State of Montana, (hereinafter Customer). WITNESSETH WHEREAS, Special Improvement lighting Dlstnct No 691 has been duly created by the City of Bozeman for West Winds Subdivision, Phases 1 &2; and WHEREAS, Customer desires to obtain street lighting (hereinafter the System) within the boundaries of said District; and WHEREAS, the Company is willing to Install, operate, maintain and supply electric energy to the System upon the terms and conditions contained herein, NOW, THEREFORE, in consideration of the mutual covenants and agreements herein specified by the parties, it is agreed as follows. 1. INSTAllATION AND OWNERSHIP OF LIGHTING The Company undertakes and agrees to maintain within the boundaries of the System the following Metal Halide (MH) units: A. Twenty four (24) 100 watt Metal Halide Gullwlng Iight'fixtures mounted at 25' on round steel poles, three (3) 250 watt Metal Halide Gullwing light fixtures mounted at 38' on round steel poles and seven (7) 250 watt Metal Halide Gullwing light fixtures mounted at 35' on round steel poles. B. This system will serve Phases 1 &2 of West Winds Subdivision under SILO 691. Said lights shall be installed at locations agreed upon between the parties as shown on Exhibit A, attached hereto. This system does not meet IESNA standards for illumination or uniformity Company shall endeavor to accomplish Installation as soon as reasonably possible The system and all associated materials shall remain the property of the company. 2. MAINTENANCE AND OPERATION Locations and numbers of units may be modified only by mutual consent of the parties. The Company agrees to maintain, operate and supply electric energy to the System for the charges hereafter specified Lights shall be turned on at dusk and turned off at dawn each day during the term of this Agreement. The Company shall have no duty or obligation to patrol the System to determine that all of said lights are in operating condition at all times, but will make necessary repairs and replace lamps within a reasonable time after notice of any outage. 1 r'\es\stltcontr 3. CHARGES a. Monthly Charges The Customer undertakes and agrees to pay the Company for maintaining and operating the System and for delivering electric energy thereto, as follows: No. of Watts Type Unit Chg/Mo Total Chg/Mo Units Ten 250 Metal Halide $ 44.80 $ 448.00 Twenty Four 100 Metal Halide $ 32.61 $ 782.64 The unit charge for electric service shown above is based upon Rate Schedule ELDS'-1 and is subject to amendment or revision by the Public Service Commission of Montana. If the number of lighting units shall hereafter be increased upon agreement of the Customer and The Company, the then applicablerate(s) shall apply to such additional units. b. Additional Charges The charges specified in the above schedule are based on normal conditions and do not cover charges for extraordinary repair and/or replacement costs. The company shall have the right to make an additional charge to the Customer for the cost oflabor (including applicable payroll overheads) and the actual material cost for repairs to and/or replacement of the system for damage caused by third parties and not paid by such third parties. These poles and fixtures are not in our standard lighting offering, and because they are special (non-core) items, the Company will not inventory replacement components. If the Customer elects to maintain an inventory of replacement parts, the Company will reimburse the Customer the cost of such components at the time they are installed. Otherwise, the Company will order replacement parts as the need arises and there will likely be some delay in procuring replacement components. 4. MONTHLY PAYMENT a. Payment for the services rendered under this Agreement shall be due and payable in cash or valid warrants at the office of the Company 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 service in accordance with its standard termination procedures. b. In the event product availability hinders replacement of a defective or failed facility and an outage extends beyond one (1) month, upon the timely request of Customer, the monthly charge will be abated until the outage has been repaired. 2 r:\es\stltcontr 5. INTERRUPTIONS 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 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. 6. TERM This Agreement shall be and remain in full force and effect for an initial seven (7) year term from the date hereof and shall thereafter continue in force and effect unless terminated by either party giving the other party written notice of its intent to terminate at least ninety (90) days prior to the expiration of the initial term or any extension thereof. 7. NOTICE Any notice to be given under this agreement may be served upon a party personally or served by mai.ldirected to the party at the following addresses: COMPANY NORTHWESTERN ENERGY, L.L.C. .121 EGRIFFIN DR PO Hox490 BOZEMAN, MT 59771-0490 CUSTOMER THE CITY OF BOZEMAN P .0. Box 1230 BOZEMAN, MT 59771-1230 NORTHWESTERN ENERGY, L.L.C. (COMPANY) ~ By &:AA ..y::,^,~V TITLE: .... DIVISION MANAGER IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their duly authorized Representative, the day and year first above written. C-IT ~ r1+ 3C:>ZeW1ct'l ~r (cust~/ r\ C\ [\ By: ~/r~ ~ TITLE: CITY MANAGER 3 r:\es\stltcontr II E'i-H-tb iT A '. - I I I iT; II i r--- -1: I I;r -j II J L - -- -- - L._. - - -. L_ ~ - - - - - .L_ L__ - i [C-1 =-~l+ H II i I I I I I I I I III i I III n-1 I III I c-- . . , III ! I : III II --=------ ,. .kl ----------' "B=--- 1-;'" III i _ : .i i I --! 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IlOl.IAAO 200 200 FIGURE LP-1 .- ..., OATL M.... 26, 2005 PRo.l:CT NO. ~S067_".