23-102.00 Avista: Barker & Euclid Gas Service Agreement Avista Corp. /1l$�
East 1411 Mission Ave.
Spokane,WA 99220 �dVISTAy
, COPY
General Construction Agreement City Contract 23-102
General Construction Agreement Date:May 8,2023 Expiration Date:Nov 8,2023 12:00:00 AM
Work Order# 1027237487 Agreement No.: 50832
This General Construction Agreement("Agreement")is entered into between Avista Corporation,a Washington corporation
("Avista"),and the Requestor identified in Exhibit A,("Requestor")(sometimes,individually,a"Party",and collectively,the
"Parties").
Background and Purpose
Requestor wishes to have Avista perform the work described in the attached Exhibit A(collectively,the"Work")on or adjacent to
property identified above(the"Property"). The purpose of this Agreement is to set forth the scope and terms and conditions under
which Avista will perform the Work,together with the respective obligations of the Parties.
Therefore,the Parties agree as follows:
Section 1 Scope of Work
1.1 Avista will perform the Work described above and in the attached Exhibit A. The Work will be performed in accordance with
Avista's standards,as modified from time to time,as well as applicable law and,to the extent applicable,Avista's Tariffs,as on file
with the applicable state utilities commission
1.2 Avista will make every reasonable effort to commence the Work within thirty(30)days of execution of this Agreement and
receipt of any monies owed in advance;provided,however,that Avista will not commence the Work until Requestor has complied
with all requirements of this Agreement. Requestor acknowledges that the timing of the Work is dependent on Avista's ability to
schedule the same,and that completion of the Work may be delayed by conditions encountered in the course of the Work. Avista
shall not be liable for any costs associated with delays in either the commencement or the completion of the Work.
1.3 Unless otherwise agreed to in writing,Avista shall retain ownership of any facilities that are installed by Avista,on the Property
and upstream from the Requestor's Point of Service,as that term is defined in Avista's Tariffs("Avista Facilities").
Section 2 Compensation
2.1 Where a fixed charge is applicable,Requestor shall be responsible for the fixed charge as set forth in the attached Exhibit A. In
all other instances,Requestor shall be responsible for Avista's actual costs associated with performing the Work. An estimate of
those costs is reflected in the attached Exhibit A. Requestor acknowledges that Avista's actual costs may vary depending on
conditions encountered during the course of the Work. hi all cases,Requestor shall be responsible for all costs incurred in excess of
Avista's original estimate.
2.2 Requestor shall remit payment for the estimated cost of the Work,as reflected in the attached Exhibit'A',prior to Avista's
commencement the Work. Requestor shall remit payment for any additional costs within thirty(30)days of their receipt of an
invoice from Avista for the same.
2.3 Pre-Construction Obligations
2.3.1 In addition to the estimated cost of the Work,Requestor may be responsible for certain pre-construction obligations. Such
pre-construction obligations may include,but are not limited to,trenching and final compaction. In the event Requestor is
responsible for such pre-construction obligations,such cost responsibilities will be described in Exhibit A,attached hereto.
Page 7 of 11 Run Date: May 8,2023
Work Order# 1027237487
Avista Corp.
East 1411 Mission Ave. �11/l
Spokane,WA 99220 �11/VISTA`
AVISTA COPY
2.3.2 If identified in Exhibit A,Requestor shall be required to provide all trenching,conduit,backfill,and padding as required to
Avista specifications. At Avista's sole option,conduit may be provided by Avista. The location of said trenching shall be the
responsibility of Requestor. To ensure the proper location of easements,prior to the commencement of the Work,Requestor
shall certify that all utility trenching is located within the areas agreed upon by the parties.
2.3.3 Any work described in this Section or in Exhibit A and performed by Requestor,or a third party on behalf of Requestor,
must meet Avista's specifications,pass Avista's inspection and be coordinated with Avista's scheduled work.
Section 3 Term of Agreement
This Agreement shall remain in effect until the Work has been completed,and Requestor has remitted payment in full for Avista's
actual costs incurred.
Section 4 Requestor's Responsibilities
4.1 By signing this Agreement,Requestor authorizes Avista to proceed with any work necessary on the Property to accomplish the
Work,and represents and warrants that they have fully authority to grant such authorization. This authorization includes,without
limitation,the right to remove or otherwise disturb improvements on the Property,including lawns,shrubs,landscaping,driveways
and sidewalks,for the purpose of the Work,and without any obligation to restore or reimburse Requestor for any resulting damages.
4.2 Requestor acknowledges that,in the event Requestor requests that Avista perform the Work during adverse ground/construction
conditions("Adverse Conditions"),including,without limitation,ice,water,mud or frozen ground due to winter weather,Requestor
will be responsible for the repair of landscaping and/or other additional costs resulting from the performance of the Work during
such Adverse Conditions.
4.3 Requestor acknowledges and understands that they are responsible for any damage to underground facilities that are not exposed
by Requestor,including,but not limited to,sprinkler systems,sewer lines or other underground piping or wiring.
4.4 Requestor acknowledges that additional charges may apply in the event Avista is required to excavate in,drill through,or
otherwise address rocky soil conditions.
4.5 Requestor is required to notify Avista in any instance where Requestor determines that construction or improvements on the
Property may encroach on,or cross over,any Avista Facilities installed on the Property prior to commencing said activities. All
costs related to subsequent relocation of any Avista Facilities necessitated by such encroachment shall be at Requestor's sole cost.
Section 5 Underground Locates
Prior to performing any required excavating work in relation to this Agreement,Avista and/or Requestor shall utilize the state-
mandated one-call service to mark the location of other entities'underground utilities locations on the Property. When this Section
is applicable to Avista,Avista will notify Requestor in advance of such excavation and make every reasonable effort to avoid or
minimize any dislocation of improvements on the Property. However,Requestor is responsible for identifying or exposing any
underground facilities not located by Avista prior to Avista performing the Work. In the event Requestor fails to identify or expose
any underground facilities,Requestor will be solely responsible for any damage caused to such facilities,including,but not limited
to,the cost to repair such facilities.
Page 8 of 11 Run Date: May 8,2023
Work Order# 1027237487
Avista Corp.
w
East 1411 Mission Ave. ��� �
Spokane,WA 99220 �iurif/STA
AVISTA COPY
• n 6 Easements and Access to Property
Sec i t Applicable, per 5/9/23 email from Mike Bosshardt, Avista- KMA
Requestor grants Avista a 1 right of ingress,egress and access over and across the Property to perfo or c,and to
install,operate,inspect,replace and ma • Avista Facilities installed as part of the W n request by Avista,Requestor
shall grant,convey and warrant to Avista a perpetua,n sive easeme , r,under,along and across the Property that
ensures Avista's right to construct,reconstruct,operate,main , air,remove,relocate and said facilities and all related
appurtenances. Such easement shall be in a f ' actory to Avista and at no co *sta. In the event Avista is required to
secure any additional easeme its in order to install or maintain Avista Facilities instal e t to this Agreement,
Requestor sha se Avista for the actual costs applicable for securing such easements and permits. Reque esents and
s at they have full authority to make the commitments provided for in this Section.
Section 7 Mutual Indemnification
Each Party shall indemnify and defend the other Party,their directors,officers,employees and agents(collectively,"Indemnitees")
from all claims,demands,suits losses,costs,and damages of every kind or nature,including attorney's fees(collectively,a"Loss")
resulting from,arising out of,or in any way connected with any willful misconduct or negligence by the indemnifying Party. 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 that their
respective negligence bears to the total negligence causing the Loss.
Section 8 Party Representatives and Notices
8.1 Party Representatives
8.1.1 Avista's Construction Representative,identified in Exhibit A,will be the point of contact for Avista in all matters requiring
Avista's approval,acceptance,authorization and/or notice under this Agreement.
8.1.2 Requestor's Representative,identified in Exhibit A,will be the point of contact for Requestor in all matters requiring
Requestor's approval,acceptance,authorization and/or notice under this Agreement.
8.2 Notices to the Parties
8.2.1 All notices,demands,requests,or other communications under this Agreement must be in writing and sent by mail
(postage prepaid),or delivered to the other Party either electronically or by a recognized commercial courier,addressed as set
forth in Exhibit A. Such notices,demands,requests and other communications will be deemed given as of the date delivered,or,
if sent electronically or by mail,upon receipt.
8.2.2 Either Party may change its address,designated Representative,or other point-of-contact or delegate by providing written
notice to the other Party as set forth above.
Section 9 Miscellaneous Provisions
9.1 Natural Gas and/or Electric Service: Any receipt and use of natural gas or electric service in connection with this Agreement
shall be expressly conditioned upon,and subject to,all applicable Tariffs,as on file with the applicable state commission.
9.2 Entire Agreement. This is the entire Agreement between the Parties with respect to the subject matter hereof. 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.
9.3 Assignment by Requestor. Requestor shall not assign this Agreement,or any right or interest contained herein,without the prior
written consent of Avista. Assignment without Avista's prior written consent will be voidable at Avista's sole option. No such
assignment,with or without Avista's prior written consent,will relieve Requestor from its responsibilities under this Agreement.
Page 9 of 11 Run Date: May 8,2023
Work Order# 1027237487
Avista Corp.
East 1411 Mission Ave. � '�STA.
Spokane,WA 99220
AVISTA COPY
9.4 Survival. Any provision 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.
9.5 Severability. The invalidity or unenforceability of any provision of the Agreement will not affect any other provisions;the Agreement
will be construed in all respects as if such invalid or unenforceable provisions were omitted.
9.6 Amendments/Modifications. Any amendment or modification to the provisions of this Agreement will not be effective unless made by
written amendment executed by both Parties.
9.7 Third Party Beneficiaries. Nothing in this Agreement is intended to confer any right or benefit on a person or entity not a Party to this
Agreement,or impose any obligations of either Party to the Agreement on persons or entities not a Party to this Agreement.
9.8 Waiver of Provisions. The failure of a Party to insist upon or enforce performance of any of the provisions or to exercise any rights
under the Agreement will not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions
or rights in that or any other instance;rather,the same will be and remain in full force and effect.
9.9 Negotiation of Agreement. This Agreement,and each of the terms and provisions hereof,are deemed to have been explicitly
negotiated,and the language in all parts of this Agreement shall,in all cases,be construed according to their fair meaning and not strictly
for or against either Party.
9.10 Governing Law,Venue and Attomey's Fees. This Agreement will be construed and interpreted in accordance with the laws of the
State in which the Property is located,excluding any choice of law rules. In the event of any action to enforce or interpret this Agreement,
the prevailing party shall be entitled to an award of its reasonable costs and attorney's fees.
9.11 Effectiveness. This Agreement is effective on the date of the last signature below.
9.12 Electronic Signatures. Each party agrees that the electronic signatures of the parties included in this Agreement are intended to
authenticate this writing and to have the same force and effect as manual signatures.Electronic signature means any electronic sound,
symbol,or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record,
including facsimile or email electronic signatures
This Agreement has been signed by each Parry's authorized representative on the date(s)set forth below.
Check# Or Other:
Amount 5,919.84
Previous Extension#:
AvstaCorporation Customer:
%.
7 5d.4G27t f�L�" C
Signature Si ature
Mike Bosshardt _ City of Spokane Valley
Printed Name Printed Name
Customer Project Coordinator C/77 ,".t.4•n44-G€ _-
Job Title Job Title
Date: 05/16/2023 Date: z-3— 2- 3
Agreement#50832
Page 10 of 11 Run Date: May 8,2023
Work Order# 1027237487
EXHIBIT(A) AVISTA COPY
Bill Type:C.I.A.0
I.CUSTOMER INFORMATION
CUSTOMER,who is a(n):OWNER
Name: City of Spokane Valley
Mailing Address:
Phone Number:
IL JOB INFORMATION
LOCATED 18712 E Euclid Ave
AT:
Name of
Plat:
or Legal
Description:
or Location:SPOKANE
Construction
contribution
Scale
III.COST INFORMATION
BASIC COST Length Rate Per Ft Fixed Rate Allowance Totals
Pole 446122 See Exhibit A Site Plan 0 $0.00 $5,919.84 ($0.00) $5,919.84
BASIC COST-Total $5,919.84
Total Construction Costs:
Total Credits:
Net Customer Cost: 5,919.84
These costs are effective through Nov 8,2023 12:00:00 AM,provided that the scope and character of the work do not change. Additional exceptional
costs encountered during construction and/or changes requested by the customer will be borne by the customer.The maximum amount available for
refund per the W.U.T.C.or I.P.U.0 Schedule 151 is Maxrefund.
IV.SPECIAL PROVISIONS
Customer's Responsibilities
UNLESS SPECIFIED BELOW IN SECTION V,CUSTOMER WILL BE RESPONSIBLE FOR THE FOLLOWING CONDITIONS:
1.1 Customer 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 gas facilities to accommodate location or grade changes will be borne by Customer.
1.2 Customer 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.
1.3 Customer shall be responsible for complying with all final compaction requirements and codes.
V.EXCEPTIONS
NOTES: SHARED RELOCATION COSTS FOR SUBSEQUENT RELOCATION WITHIN FIVE YEARS.COSTS EQUAL TO ONE-HALF THE
RELOCATION COSTS PER FRANCHISE AGREEMENT.RELOCATE POLE 446122 NEAR THE SE CORNER OF BARKER AND EUCLID
INTERSECTION AND REFRAME ADJACENT STRUCTURES.WORK AT LOCATIONS#1-4 RELOCATED BY AVISTA PURSUANT TO
FRANCHISE AGREEMENT.
General Construction Agreement#:50832
Page 11 of 11 Run Date: May 8,2023
Work Order#1027237487
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