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HomeMy WebLinkAboutSILD 453 Contract with NorthWestern Energy R � C O N T R A C T TH16 liG EEAEyT, trade and entered into 5til -- da'. of —_ JaMiary _, 196 6 by and t•etween T.7S MONTANA PQWE P i,'3K PA.VY, a corporation, he sing its principal off ice and place of business at 40 East Broadway, Butte, Montana (herein- a ter called the "Company") and the C111"Y CF BOZEMAN, a municipa! corporation organized under the laws of the Stat= of Aontana (hereinafter called the "City") ; W I T N E s s B T H: ,JiiER1 A5. 6pec,a i Imp: .n-.e:tent Maintenance Nc. 453 has been dul. and reqularl; cleated by the Cwt} C oc the C::it of Bozeman, Montana, fox th4 rurpose o,_ p, ,iding f. x ...:s-cury 4a0ur co-Los rmpx o led atraet 1-yt is a lon j and tGe stieetaa and avenues with ti., boundar;,is of said Dist pct; anti WHEREAS. the Company is wiili ng to suppiy, �P.ztai and own the tacili,,.iea within said i}istrict, and iurnisn electrac.-21 anergy to and aaintenance for said Dist-ict upon the tex-as ana conditions hereinaxter set forth; NU�1, Ti3EitrFOftE, in consideration. of the prem2ses enci u;,t�al co,,anants oY the parties hereto, it is agreed, as ioilo sl St CTIG d 1. INS`i'AId-ATION QV J'ACILLTIE.: The Company undertakes and agrees to construct and inutail the street lighting sacilitics in said Dictrict at zts own ex- panne, and suc:i work shall be commenced and completed as soon as ieaaona]aly possiL.le. The said facilities shall ,.,e or tine type hexeinafter speciiied and shall be in.atalled at ttie locations and accc.rding to the specifications of the City jiven priux to the co;f iance,nent o,: the uork_ (8) 11spe of tecilitxes: t.aw =rercalr+ ,apor, coior, -.I- p, o�'ed lamps, 'nounted on tapered st--el poles wit': ,<nc.Losed luminaires to be served by overhead conductors with 1.5 units lions and upon tAe streets axed avenues aa.i ed Ln tie L eeoluLiOn creating said Distract. (b) Locationas There will be 15 light units, spaced and located in accordance with the ,yap of said lighting District on file in the office or the City Bsngineer of the Ci t} of Bozeman, Montana. ed SECTION 2. OWNERSHIP The facilities to be constructed and installed are, and shali remain, the SECTION 3. .KAINTENANCE AND OPERATION The Company agrees to install and o,%exate stied stiueL y.. .asay .;acilat.Lez in the Liatx ict, and c.o :.,aintain said s,ate.,, ;.rx the charges hereinaiter sp.,cixied, bights sl;all be *_Lrri�d on at dusk and turned off at dawn each daY dua:inq the ter, of this agreement. The Company will ;sake alb necessa.L . z ipa115 and ieplaceaerft within a reasonaLle ta::e z.ttex receiviii� notice of and o;Aage or other damage to equipr,tent. Lneruja . The. pa.�ace oii:icers of the City shall report any outages to the Company's oxiice ii: Bozeman, Xonta,a. SLCTILM 4. SU PuY Ok WERGI TO SYSTEM The Company agrees to supply elactr;ca3 energy to street lighting system for the charges hereinafter specified. SECTION 5. C3iARGE5 The Gitj Lndertakes and agrees to pay. the Company for f ;r sisniny. operutiaL,, and maintaining as i.eteinabo: provided, said street lighting system to be constructed and owned by t,3e Company, ane xor supplying electrical energy tn�rata, as Lallcws, For each 175 watt mercury vapor, 7,000 lumen, color- impro.ee- ls4rtrng unit, the sum of $3.70 per ionth. -2- The above charge shall apply only to each •,)a tc30 1,J li_�ht uyits herein spec."idd; and y th Thee charge sot electrical energy included in the abo✓e rate ra based upon rate schedule SL-64P applied to the wattage of the lamp and ballast, and it is subject to amendment or re- ✓isi�ja by t:ae Public Service cormaission of the kitate ox Montana. The charges abo re snown a c.rr tht+ s.stem are based upon .msted xar ,',al wear arsd 1.r,:ij::age tor; laTrps, glassware. and pol'a, 1c is wxtnin tilc palice powez at the C:stY to prevent or p=.:aalsYe persons responsible for wanton and -oa Lxcious da-sage -:o strv�t lights. In consequence thereof, t_ e Company shall lave the rignt to make an additional charge to the City of the actual cast oL the -material and labor for repairs to and re-7tacementn .Ln said s,�ste-i, made necessary by the acts of third nartles. W OLS zor said services shall be due and payabl..: in or ✓&lid warrants at the office of tna C:onoany in Bozeman, 1,)ntana wren rendered eacri nontn, and will be ccxofe delxnquent ter, ( LO) days thezeaiter. SECTI,JA 6. FORCE NLWE'URE It is understood and agreed that the Company shall not be liable lox =ailure Ln comply with any rix the terms and condi- tiona ox this agreenent where such fa• re is caused b; acts o, God, yovernnent:al requ !anions or orders, str.ikeo r labor dit,li csalties, firea, floods, droughts, riots, destruction ot: prooert; , or, wjT.Jfout being limited by the .Eore.3oin„ by an; other cause be;and the reasonable rontrok of the C:omnally. £h1S ayreemtanz shaii be and remain i:a zull force and ex,feCt soi a pea lod of two (2) 1 =ors and a leren ( 11) month ron -3- Jinn] Lo :t nraxt, aotic,? ill w.L.Lititi,; dt 317Ct C',a Jfj;5 to tits: �xpl:ation of the initial her,;:oL, or a"11 rII- 0- arcs --itantion to iA.ou u. sac , -,nitiaw'. C-,tm• 0-' i- 20 14;-L iN -..dXTm-.S6 the parties ca,,:sed this ux•�CutEd In 6•,P:�-Icat; 1.)" TIM AONTAI-h Pu-?I.�, CI'I-f OF 33t 144ALI, a 4un2vir• i Me of