HomeMy WebLinkAboutSILD 672 Contract with NorthWestern Energy STREET LIGHTING AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of January. 2003, 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).
WIITNESSETH
WHEREAS, Special Lighting District No. 672 has been duly created by the City of
Bozeman; 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 n.d_agrees to maintain within the boundaries of the System
the following metal halide MH) units:
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A. Thirty Five (35) 175 watt Metal Halide Kim Archetype Fixtures; twenty one mounted
on 30' round steel poles and fourteen mounted on 25' round steel poles. This
system will serve Phase 1 of Cattail Creek Subdivision.
B. This system design does not meet Illuminating Engineering Society (IES) standards
for Illuminance and Uniformity in all locations.
IjC] The subdivision developer supplied concrete pole bases, and will be responsible for
their maintenance.
Said lights shall be installed at locations agreed upon between the parties as shown on
Exhibit A, attached hereto. 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.
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These poles and fixtures are not in our standard lighting offering, and because they are special
items, the Company will not inventory replacement components. If the Customer requires
immediate replacement, Customer shall plan to maintain replacement components_
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 ChglMo Total ChglMo
Units
35 175 Metal Halide $ 30.82 $1,078.70
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 applicable rate(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 of labor(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.
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,
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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 mail directed to the party at the following addresses:
COMPANY CUSTOMER
NORTHWESTERN ENERGY, U.C. CITY OF BOZEMAN
121 E GRIFFIN DR P.O. Box 1230
PO BOX 490 BOZEMAN, MT
BOZEMAN, MT 59771-0490 5977101230
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.
NORTHWESTERN ENERGY, L.L.C. CITY OF BOZEMAN
(COMPANY) (Customer)
BY: By:
TITLE' 1/i.'R TITLE: r
StLt# WMS
Rate
Premise#
MPC Use Only
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