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14-100.00 Avista Utilities: Electric Service Line Extension
• • Avista Utilities AIN East 1411 Mission Ave. IV wisra Spokane, WA 99202-3727 GQw @ &i ©itti lU Job No. 589355632 C.I.A.C. Electric Service Line Extension Agreement This Electric Service Line Extension Agreement("Agreement") is entered into between Avista Corporation dba Avista Utilities("Avista")and the party whose name appears in the signature block below (the "Owner' or the "Customer") (sometimes, individually, a "Party' and collectively,the"Parties"). The Parties agree that: 1.0 Avista shall provide and own the electric distribution facilities necessary to furnish electric service to"Owner's Premises". 2.0 Owner authorizes Avista or Avista's agent(collectively,"Avista")to proceed with all work necessary to accomplish the installation or modification of an electric service connection on Owner's Premises identified in Exhibit A. Owner grants Avista the right to remove or otherwise disturb lawns,shrubs, landscaping,driveways and sidewalks or other improvements on Owner's Premises,as is reasonably necessary, for the purpose of installing, maintaining or removing Avista's electric service facilities. The installation or removal of electric service may result in the disruption of Owner's facilities including,but not limited to, sprinkler systems, septic or sewer systems and underground household wiring. Owner shall identify or expose any underground facilities not belonging to other utility companies prior to the start of work by Avista. 3.0 Electric Service Line Extensions: 3.1 Avista will extend electric service to Owner's Premises in accordance with its"Line Extension, Conversion and Relocation Schedule"(Schedule 51)filed with the applicable State Commission. 3.2 If the electric service line extension is for a development in the State of Idaho, Owner shall construct the first permanent electric service connection in the development at the closest proximity to Avista's existing electrical facilities. 4.0 If Owner is responsible for any preparatory and/or finishing work associated with the electric line extension applicable under this Agreement,such responsibilities will be as described in the"Special Provisions/Scope of Work"Section of Exhibit A. 5.0 If Owner is responsible for any construction costs associated with the electric service line extension construction work identified in Exhibit A, Owner shall compensate Avista as set forth in Exhibit A. Avista will not begin construction until payment for the work is received and/or an appropriate credit instrument is executed by Owner in accordance with the terms set forth in Exhibit A. 6.0 Owner must notify Avista in advance of the addition of any electric load to allow Avista adequate time to make any necessary modifications to its facilities. In the event Owner fails to provide Avista with the required notice and Avista's facilities are damaged as a result of Owner's increased load,the expenses associated with the repair of any damaged facilities shall be Customer's sole responsibility. 7.0 Adverse Conditions: Owner acknowledges that in the event Owner requests that Avista install the facilities applicable under the Agreement during adverse ground/construction conditions ("Adverse Conditions") including without limitation, frozen ground due to winter weather,Owner will be responsible for the repair of landscaping and/or other costs resulting from installation during such Adverse Conditions. 8.0 This Agreement consists of the following documents which are: (i)incorporated into the Agreement,(ii) listed in descending order of precedence, and (iii) attached or referenced: the Electric Service Line Extension Agreement and General Conditions; and, if applicable: Exhibit A—Construction Cost Worksheet(s). No other understandings, oral or otherwise, regarding the subject matter of this Agreement will bind the signatories to this Agreement unless agreed to by both Parties, in writing. Page 1 C/011-11 00 Avista UtilitiesI East 1411 Mission Ave. S11VSIMS ra Spokane,WA 99202-3727 L C A©ag) ©0110108:10 This Agreement will be effective as of the last date of signature below("Effective Date")and remain in effect until all work applicable under the Agreement has been completed. Avista Corporation Ownerer�((or Owner's Agent) ��Ature) % 464f/L/ (Signature) CCCSignature) PtKe TM'-'So0 Todd Cornell C,J SPOKANE VALLEY.ARTJE KENS (Printed Name) (Printed Name) Customer Project Coordinator OWNER. (Title) (Capacity:Owner/Owner's Agent/Developer) 1411 E MISSION 11707 E SPRAGUE (Return Address) (Mailing Address) SPOKANE,WA 99220 SPOKANE VALLEY WA 99206 (Return Address) - - (Mani g Ad ress) October 22,2013 X /14 Zo t4- (Date) Check# or Other Accounting:95501101-107110-b50 100% Amount$ Page 2 • Avista Utilities East 1411 Mission Ave. ��1sta Spokane,WA 99202-3727 „ p Qba�lS� ©ll flgr 1(71 &iD Job No. 589355632 C.I.A.C. General Conditions 1. Owner's Responsibilities. 1.1 If applicable, Owner shall provide the preparatory and/or finishing work described under the "Special Provisions/Scope of Work” Section of Exhibit A. All such work must meet Avista's specifications,pass Avista's inspection and be coordinated with Avista's scheduled work.Owner shall be responsible for complying with all final compaction requirements and codes. 1.2 Owner warrants that, prior to the start of construction, the grading is or will be within six inches(6")of final grade. The cost of future changes to Avista's electrical facilities to accommodate location or grade changes will be borne by Owner. 1.3 Owner shall not make any changes in location of structures, streets, driveways, sidewalks, alleys or other paved areas shown in any drawings(incorporated into this Agreement by this reference)prepared in anticipation of the work applicable under the Agreement,nor pave any such areas until Avista has installed any necessary underground facilities. 1.4 Owner shall install Avista-approved terminal equipment necessary to attach Avista's service connection(s). 1.5 Owner's cost responsibility will be calculated in accordance with and subject to Avista's effective rates,rules and regulations contained in its State Commission-approved tariffs in effect at the time of execution of this Agreement. Owner shall reimburse Avista for such cost responsibility prior to Avista installing the facilities applicable under this Agreement. Any applicable refunds will be calculated solely by Avista in accordance with such tariffs. 2. Underground Locates.Prior to doing any required excavating in connection with this Agreement.Avista will utilize the state-mandated one- call service to mark the location of other entities' underground utilities situated on Owner's property. Avista will notify Owner in advance of such excavation and make every reasonable effort to avoid or minimize any dislocation of improvements within Owner's property. Owner shall identify or expose any underground facilities not belonging to other utility companies prior to the start of work by Avista. In the event Owner fails to identify or expose such underground facilities, Owner will be responsible for the repair of such facilities, at Owner's expense. 3. Avista's Construction. Avista will make every reasonable effort to commence construction of its facilities within 30 days after receipt of a copy of this Agreement signed by Owner, along with the payment of any applicable cost responsibility. Avista will install its electrical facilities using the method of construction it deems appropriate. 4. Easements and Access to Property. Owner authorizes Avista or its agent to do all work necessary on Owner's property to accomplish the installation, operation, inspection, replacement and maintenance(including without limitation, pruning and/or removing vegetation) of Avista's electrical facilities, and if requested by Avista, shall provide, without cost to Avista,easements in a form satisfactory to Avista,that provide for Avista's facilities to be located over,on,across and/or under Owner's property covering rights-of-way for the installation,operation, inspection, replacement, and maintenance of Avista's facilities. Permit/right of way/inspection fees may apply to Owner's electric extension service, and Owner shall reimburse Avista for the actual costs applicable for securing such permits/rights of way/inspection fees. 5. Mutual Indemnification. Each Party shall indemnify and defend the other Party, their directors, officers, employees, and agents (collectively, the "Indemnitees") from all claims, demands, suits, losses, costs, and damages of every kind and description, including attorneys' fees,(collectively, "Loss")brought or made against or incurred by any of the Indemnitees resulting from,arising out of.or in any way connected with any act, omission, fault, or negligence of the other Party, in the performance or non-performance of such Party's obligations under this Agreement or in any way related to this Agreement.In the event that any such Loss is caused by the negligence of both Parties,the Loss will be borne by the Parties in proportion to their respective negligence bears to the total negligence causing the Loss. 6. Use of Electric Service. Owner shall not sell or permit others to use electric service except when expressly authorized to do so under appropriate contract(s). If Owner intends to supply such service to additional structures or to others and thus intends to establish operations as an "Electric Company" or "Master Meter System", Owner shall notify Avista that Owner intends to add additional facilities for the purpose of supplying electricity to an additional structure,or to an entity other than the entity named in this Agreement.Owner recognizes that(s)he will be required to perform surveillance and maintenance as required by regulatory agencies having jurisdiction, and understands that Avista will be required to give notice of Owner's status to the appropriate regulatory agencies including the State utility commission. 7. Notice of Encroachment. Owner is required to notify Avista in instances where Owner determines that a proposed building project on Owner's property may encroach on or cross over Avista's overhead or underground lines, meters and/or other facilities, prior to starting construction of the proposed project.All costs related to the subsequent relocation of any Avista facilities necessitated by such encroachment will be Owner's responsibility. 8. Assinnment. Neither Party may assign,directly or indirectly,all or part of their rights or obligations under this Agreement without the prior written consent of the other Party, which consent will not be unreasonably withheld or delayed,except that Avista may assign this Agreement, without consent, to any affiliate that controls, is controlled by or is under common control with Avista or to a successor in interest which acquires all or substantially all of the property and assets of Avista. This Agreement will inure to and bind the successors,heirs and assigns of the Parties. Page 3 i Avista Utilities East 1411 Mission Ave. II/111ISTIE Spokane, WA 99202-3727 G\w l�3 l ©Pf aiGi a 9. Jurisdiction and Venue.This Agreement will be construed and interpreted in accordance with the laws of either the State of Washington or the State of Idaho,depending on the physical location of Owner's premises,excluding any choice of law rules which may direct the application of the laws of another jurisdiction.Any action at law to enforce this Agreement will be brought in the federal or state courts having jurisdiction. 10. Survival. Any provisions of this Agreement which may reasonably be interpreted or construed as surviving the completion, termination or cancellation of this Agreement.will survive the completion,termination or cancellation of this Agreement. • Page 4 • Exhibit A APaistISTIN Contribution in Aid of Construction G°1wlIS © 'fl p tIEf Job No. 589355632 C.I.A.C. I. CUSTOMER: OWNER. Name: SPOKANE VALLEY ART JENKENS Mailing Address: 11707 E SPRAGUE SPOKANE VALLEY WA 99206 Phone Number: 2. Avista will provide and am the electric distribution facilities to furnish the specified service extension to Customer's"Premises"described in the Legal Description/Location below. ELECTRIC 460 (Ft.)Overhead 13200/7620 Volts 1 Phase EXTENSION 75 (Ft.)Underground 13200/7620 Volts I Phase ELECTRIC 0 (Ft.)Overhead Volts 1 Phase SERVICE 50 (Ft.)Underground 120/240 Volts 1 Phase TO SERVE: Location: Name of Plat: or Legal Description: or Location: E 12116 MONTGOMERY DR LOT In SPOKANE County,State of WA 3. BASIC COST: Length Rate Per Ft. Fixed Rate Allowance Totals a. SERVICE UNDRGRND 50 $6.80 $199.00 ($539.00) $0.00 b.TRANSFORMER $1,659.00 ($761.00) $898.00 UNDRGRND c. PRIMARY UNDRGRND 75 $8.45 $1,384.00 $2,017.75 d. PRIMARY OVERHEAD 470 $4.04 $3,774.00 $5,672.80 e. f. 4. NET BASIC COST $8,588.55 5. EXCEPTIONAL COST: Length Rate Per Ft. Fixed Rate a. b. c. d. e. 6. TOTAL CONSTRUCTION COST(add 4 through Se) $8,588.55 7. COST REDUCTIONS: Length Rate Per Ft. Fixed Rate a.CONDUIT BY CUSTOMER 75 $1.08 ($81.00) b.PRIMRY DITCH BY CUST 75 $5.13 ($384.75) c.CONDUIT BY CUSTOMER 50 $2.12 ($106.00) d. SVC DITCH BY CUST 50 $3.64 ($182.00) 8. SHARE OF PREVIOUS EXTENSION 9. TERMINATION COST: a. REMAINING VALUE b. REMOVAL COSTS c. SALVAGE VALUE 10. TOTAL CONTRIBUTION(add 6 through 9c) $7,834.80 11. PREPAID DESIGN FEE 12. NET CUSTOMER EXTENSION COST(10+11) $7,834.80 Check# or Other _ Accounting:95501101-10711Ob50 100% Amount$ Page 5 • • &Win or jaUlia lob No. 589355632 C.LA.C. 13.Cost Quote Conditions: The costs quoted in this document are effective through 04/23/2014,provided that the scope and character of the work do not change by such date. Customer will be billed during and after construction for costs associated with any additional exceptional costs or Customer-requested changes. 14.Cost for Individual Customer: Net Customer's Extension Costs$$7,834.80. 15.Special Provisions/Scope of Work: If applicable,Customer shall be responsible for the following: CUSTOMER TO PROVIDE ALL TRENCHING,SCH.40 GREY CONDUIT, BACKFILL, AND PADDING AS REQUIRED TO AVISTA SPECIFICATIONS. Page 6