Loading...
22-167.00AvistaWhiteElephant-AncillaryBuilding Avista Corp. lI� East 1411 Mission Ave. urvirSTA Spokane,WA 99220 CUSTOMER COPY General Construction Agreement General Construction Agreement Date:Oct 3,2022 Expiration Date:Apr 3,2023 12:00:00 AM Work Order# 1027070723 Agreement No.:48284 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. In 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 2 of 11 Run Date: Oct 3,2022 Work Order# 1027070723 Avista Corp. An s East 1411 Mission Ave. �ul►�rsta Spokane,WA 99220 CUSTOMER 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 3 of 11 Run Date: Oct 3,2022 Work Order# 1027070723 Avista Corp. East 1411 Mission Ave. 41111 Spokane, WA 99220 V/STA' CUSTOMER COPY Section 6 Easements and Access to Property Requestor grants Avista a perpetual right of ingress,egress and access over and across the Property to perform the Work,and to install,operate,inspect,replace and maintain any Avista Facilities installed as part of the Work. Upon request by Avista,Requestor shall grant,convey and warrant to Avista a perpetual,non-exclusive easement on,over,under,along and across the Property that ensures Avista's right to construct,reconstruct,operate,maintain,upgrade,repair,remove,relocate and said facilities and all related appurtenances. Such easement shall be in a form satisfactory to Avista and at no cost to Avista. In the event Avista is required to secure any additional easements or permits in order to install or maintain Avista Facilities installed pursuant to this Agreement, Requestor shall reimburse Avista for the actual costs applicable for securing such easements and permits. Requestor represents and warrants that 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 4 of 11 Run Date: Oct 3,2022 Work Order# 1027070723 Avtsta Corp. ISUrISTA. East 1411 Mission Ave. 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 unenforecability 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. 9,4. mendments/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 Ianguage 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 Attorney'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 Party's authorized representative on the date(s)set forth below. Check# Or Other: Amount 988.80 Previous Extension#: Mists C orat' Customer: Signatur Si tore Dawn Johnson City Of Spokane Valley Printed Name Printed Name Job Title Job Title Date: I0/67/2022 Date: A0 -- 6'47-- Agreement#48284 Page 10 of 11 RECEIVED Work Order#1027070723 By MICHELLE CHAMBERS at 7:05 am, Oct 07, 2022 EXHBIT(A) CUSTOMER COPY Bill Type:C.I.A.0 I.CUSTOMER INFORMATION CUSTOMER,who is a(n):OWNER Name: City Of Spokane Valley Mailing Address: C/O ACCOUNTS PAYABLE SPOKANE VALLEY,WA 99206 Phone Number: (509)720-5000 II.JOB INFORMATION LOCATED 12624 E SPRAGUE AVE REAR AT: Name of Plat: or Legal Description: or Location: Construction contribution Scale III.COST INFORMATION GSA Length Rate Per Ft Fixed Rate Allowance Totals GSAMETER MOVE-PE 0 $0.00 $988.80 ($0.00) $988.80 GSA-Total $988.80 Total Construction Costs: 988.80 Total Credits: Net Customer Cost: 988.80 These costs are effective through Apr 3,2023 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 IRE 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 General Construction Agreement#:48284 Page 6 of 11 Run Date: Oct 3,2022 Work Order#1027070723