24-218.00AvistaPinesRdBNSFGradeSeparationProject Utility Construction Agreement Utility Name&Address
Work by Utility — LOCAL AGENCY Cost Avista Corporation
1411 E Mission Ave
Spokane, WA 99202
Agreement Number Project Title/Location
24-218
Pines Rd/BNSF Grade Separation Project
Route Cross Streets
SR 27 From Pinecroft Way to SR-290
Estimated Agreement Amount
$ 92,503.00
This Utility Construction Agreement ('Agreement") is made and entered into between the City of
Spokane Valley ("LOCAL AGENCY") and Avista Corporation, d/b/a Avista Utilities ("Utility");
hereinafter referred to individually as the "Party" and collectively the "Parties."
Recitals
1. The LOCAL AGENCY is planning the construction or improvement of the Pines
Rd/BNSF Grade Separation Project, and in connection therewith, it is necessary to
remove and/or relocate and/or construct certain facilities owned by Utility (hereinafter
"Work") as identified in Exhibit A.
2. The LOCAL AGENCY is responsible for the cost of the Work affecting the Utility's
facilities located within the Project area pursuant to a documented ownership of and/or
interest in real property, such as an easement, fee title, or court finding of prescriptive
right, which is impacted by the LOCAL AGENCY project.
3. The Work shall include all materials, equipment, labor, contract administration (including
overhead) and any other cost or effort required to perform the relocation, construction,
and/or removal of the Utility's facilities.
4. It is deemed to be in the best public interest for the Utility to perform the Work, which
includes relocation and construction of its own facilities for the transmission and
distribution of electricity.
Now, therefore, pursuant to and in consideration of the terms, conditions, covenants, and
performances contained herein, as well as the attached Exhibits A through C which are
incorporated and made a part hereof,
The Parties mutually agree to the following:
1. Construction, Inspection, and Acceptance
1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects,
dated 01/2003, is adopted and made a part of this Agreement as if fully contained
herein.
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1.2 Betterment: A betterment is any improvement to the Utility's facilities not required by
code, regulation, standard industry practice, or any other applicable regulation. If any of
the Work constitutes a betterment as defined in the Program Guide: Utility Relocation
and Accommodation on Federal Aid Highway Projects, the Utility is solely responsible for
the costs of the portion and proportion of the Work that constitutes a betterment.
1.3 Accrued Depreciation: Accrued depreciation may be applied to any of the Utility's major
facilities, such as a building, pump station, power plant, etc. Accrued depreciation shall
not apply to the Utility's primary facilities, such as pipelines, conductors, poles, cable,
conduit, etc. If any Utility facility does qualify for an adjustment due to accrued
depreciation as defined in Program Guide: Utility Relocation and Accommodation on
Federal Aid Highway Projects, the costs are calculated according to the formula in the
Program Guide and the result is shown as a Utility cost in Exhibit B Cost Estimate.
1.4 The Utility shall furnish the labor, materials, equipment, and tools required for and
perform the Work per the plans and specifications in Exhibit A, including but not limited
to scheduling, construction, removing and/or relocating the Utility's facilities.
1.5 If the Utility is not adequately staffed or equipped to perform all the Work required
herein, the Utility may have all or part of this Work done by a contract let by the Utility, as
follows:
1.5.1 Before contracting out any Work, the Utility shall obtain written authorization from
the LOCAL AGENCY, and the LOCAL AGENCY may require the Utility to
advertise and solicit bids for the contract Work.
1.5.2 If the LOCAL AGENCY requires the Work to be advertised and bid, the Utility
shall provide a copy of all bid documents to the LOCAL AGENCY twenty-one
(21) calendar days prior to the advertisement date, or as specified in Exhibit A,
for the LOCAL AGENCY comment.
1.5.3 The Utility shall notify the LOCAL AGENCY at least three (3) working days in
advance of the location and time of the bid opening so that the LOCAL AGENCY
representative may attend the bid opening.
1.5.4 The Utility shall supply a copy of the three lowest bids with itemized bid amounts
to the LOCAL AGENCY within seven (7) calendar days of bid opening.
1.5.5 If the Utility elects to use other than the lowest bid contractor, the Utility shall
provide written justification to the LOCAL AGENCY for the use of that contractor
and bid price. The LOCAL AGENCY shall review the Utility's written justification,
and if the LOCAL AGENCY does not agree therewith and the Utility awards the
bid to other than the lowest bid contractor, the Utility shall be responsible for the
cost difference between the amount of the lowest bid and the amount of the
awarded contract.
1.5.6. This Section shall not apply to contract employees performing work for the Utility
in the ordinary course of its business.
1.6 If the Utility desires to have the Work performed under an existing contract, the LOCAL
AGENCY may require the Utility to provide the LOCAL AGENCY with a copy of the
contract for the LOCAL AGENCY's written approval of the contractor and contract
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charges; provided, however, that this provision shall not apply to contract employees
performing work for the Utility in the ordinary course of its business.
1.7 The Parties agree that nothing in the LOCAL AGENCY's approval of a Utility contractor
or bid shall be for the benefit of the Utility; all such approvals, whether written or verbal,
shall be solely for the benefit of the LOCAL AGENCY and shall not establish a
contractual relationship among the LOCAL AGENCY, the Utility, and the Utility's
contractor.
1.8 All of the Utility's Work under this Agreement shall be subject to the LOCAL AGENCY
inspection for the sole benefit of the LOCAL AGENCY's payment, and/or the LOCAL
AGENCY project. The Utility shall promptly notify the LOCAL AGENCY in writing when
the Work is completed. The LOCAL AGENCY shall inspect the Work for compliance with
the Exhibits attached to this Agreement. The LOCAL AGENCY will notify the Utility in
writing of any non-compliance that would impact the LOCAL AGENCY's payment, state
highway and/or the LOCAL AGENCY project. The Utility agrees to make the necessary
changes to satisfy the LOCAL AGENCY requirements or adjust the invoice. The LOCAL
AGENCY's inspection shall not reduce or modify the Utility's responsibility for the Work.
1.9 Upon completion of the Work, the Utility agrees that it shall be solely responsible for all
future ownership, operation and maintenance costs of its facilities, without the LOCAL
AGENCY liability or expense.
2. Authority to Begin Work and Work Schedule
2.1 The Utility agrees not to begin Work until the LOCAL AGENCY has provided written
notice, authorizing the Utility to begin Work. The LOCAL AGENCY shall not be obligated
to reimburse the Utility for any Work performed before the date of notification.
2.2 The Utility agrees to schedule and perform the Work in such manner as not to delay or
interfere with the LOCAL AGENCY's contractor in the performance of the LOCAL
AGENCY's project. The Utility shall be responsible for any costs resulting from delay of,
or interference with, the LOCAL AGENCY's project contractor, to the extent the delay or
interference is attributable to the Utility or the Utility's contractor.
3. Compliance
3,1 To the extent applicable, the Utility agrees to comply with all applicable requirements of
the LOCAL AGENCY in accordance with the Utilities Accommodation Policy, Chapter
468-34 WAC, and amendments thereto, and said policy and amendments are hereby
incorporated in and made a part of this Agreement for all intents and purposes as if fully
set forth herein.
3.2 The Utility agrees to comply with all applicable Washington state and federal laws and
environmental requirements of any jurisdictional agency and is responsible for obtaining
any necessary environmental permits required in order to perform the Work.
3.3 The Utility agrees to obtain and comply with any other permits from any jurisdictional
agency that are required in order for the Utility to perform the Work.
3.4 In performing under this Agreement, the Utility shall comply with the Rebuilding
America's Infrastructure with Sustainability and Equity (RAISE) Grant Provisions to the
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extent applicable to Utility. The pertinent RAISE Grant provisions include, but are not
necessarily limited to the items identified in Exhibit C of this Agreement.
4. Payment
4.1 The LOCAL AGENCY is responsible for the cost of the Work, excluding all betterment
work. for the Utility's facilities that are located pursuant to a documented ownership
interest in real property, such as an easement, fee title, or court finding of prescriptive
right, which are impacted by the LOCAL AGENCY project, as shown in Exhibit A.
Exhibit B contains an itemized cost estimate of the LOCAL AGENCY-responsible costs
for the Work to be performed by the Utility.
4.2 The LOCAL AGENCY, in consideration of the faithful performance of the Work to be
done by the Utility, agrees to reimburse the Utility for the actual direct and related
indirect cost of the Work, excluding all betterment work, for which the LOCAL AGENCY
is responsible as defined in Exhibits A and B. The Utility agrees to invoice the LOCAL
AGENCY and provide supporting documentation for all charges, and the LOCAL
AGENCY agrees to pay the Utility within thirty (30) days of receipt of an invoice.
Payments shall not be more frequent than one per month. A partial payment will not
constitute agreement as to the appropriateness of any item and that, at the time of final
invoice, the Parties will resolve any discrepancies.
4.3 The Utility shall submit a final invoice to the LOCAL AGENCY within ninety(90) calendar
days following completion of the Work. In the event that the final invoice reveals an
overpayment to the Utility, the Utility agrees to refund such overpayment to the LOCAL
AGENCY within thirty (30) days.
5. Change in Work or Cost Increase
5.1 The LOCAL AGENCY agrees that the amounts shown in Exhibit B may not reflect the
actual costs of the Work. Should the Utility determine that any cost itemized in Exhibit B
for which the LOCAL AGENCY is responsible might exceed the cost estimate by more
than ten (10) percent, the Utility shall immediately notify the LOCAL AGENCY before
performing any Work in excess of the sum of said itemized cost estimate plus ten (10)
percent thereof("Allowed Overage"). The LOCAL AGENCY and the Utility will, if
necessary, amend Exhibit B to revise the cost estimate before the Utility incurs costs
above the Allowed Overage.
5.2 Should it be necessary to modify the Scope of the Work, the Utility agrees to
immediately notify the LOCAL AGENCY of all proposed changes, and the LOCAL
AGENCY agrees to provide written notice of its acceptance or rejection of the change(s),
in writing, within ten (10) working days.
6. Franchise, Permit or Easement
6.1 The Utility shall apply for a permit, franchise, or an amendment to its current franchise
for those new or modified Utility facilities that will be located within the LOCAL
AGENCY's right of way. After receiving the application, the LOCAL AGENCY will issue
the Utility a permit or a new or amended franchise.
6.2 Upon completion of the Work covered under this Agreement, the Utility agrees to
prepare, execute and deliver to the LOCAL AGENCY a quit claim deed for all existing
easements, fee title, or court finding of prescriptive right, which are no longer necessary
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for the Utility's facilities, if any, and which may be vacated as a result of the relocation of
Utility facilities.
6.3 If and in those instances where the Utility must relocate facilities to be within or across
LOCAL AGENCY's right-of-way, then the LOCAL AGENCY agrees to grant or issue the
Utility a permit or franchise for those Utility facilities which will remain on or which cross
the LOCAL AGENCY's right-of-way and for which the Utility previously had an
easement, fee title or court finding of prescriptive right.
7. Right of Entry
7.1 Subject to the Utility obtaining all required permits and meeting any other requirements
for Work conducted within the publicly owned right-of-way, the LOCAL AGENCY hereby
grants the Utility a right of entry upon all land in which the LOCAL AGENCY has interest
for the purpose of performing the Work. Upon completion of the Work, this right of entry
shall terminate except as otherwise provided in Section 6.
7.2 The Utility agrees to comply with applicable requirements concerning entry onto state-
owned rights of way.
8. General Provisions
8.1 General Indemnification: Each Party ("Indemnifying Party") shall indemnify and hold
harmless the other Party and its agents, employees, and officers (collectively, "Indemnified
Party") against any and all claims, liabilities, demands, suits at law or equity, actions,
penalties, losses, damages (both to persons and/or property), or costs, of whatsoever kind
or nature("Claims"), that(1) are brought against the Indemnified Party, and (2) arise out
of either the negligent, intentional, reckless, or willful misconduct of the Indemnifying Party,
the Indemnifying Party's agents or its employees. If and to the extent that such Claims are
caused by or result from the concurrent negligence of the Parties, or involves those
actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable
only to the extent of the legally culpable acts or omissions of the Indemnifying Party, and
provided further, that nothing herein shall require the Indemnifying Party to hold harmless
or defend the Indemnified Party from any Claims arising solely from the Indemnified
Party's legally culpable acts or omissions. The Parties agree that the Indemnifying Party
waives its immunity under Title 51 RCW for purposes of this indemnification provision, and
that this waiver was mutually negotiated by the Parties. This indemnification shall survive
any termination of this Agreement.
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8.2 Environmental Indemnification: Utility shall indemnify, defend, and hold harmless LOCAL
AGENCY from and against any and all liability, loss, damage, expense, actions and
claims, either at law or in equity, including, but not limited to, costs and reasonable
attorneys' and experts' fees incurred by the LOCAL AGENCY, arising from Utility's
negligent or intentional actions(except to the extent of the LOCAL AGENCY's negligence)
which arise directly or indirectly from (a) Utility's breach of any environmental laws
applicable to the Utility's facilities subject to this Agreement, or (b) from any release of a
hazardous substance on or from said Utility's facilities, or(c) other activity related to this
Agreement by Utility, its agents, contractors or subcontractors. This indemnity includes but
is not limited to (a) liability for a governmental agency's costs of removal or remedial action
for hazardous substances; (b) damages to natural resources caused by hazardous
substances, including the reasonable costs of assessing such damages; (c) liability for any
other person's costs of responding to hazardous substances; (d) liability for any costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising
under any environmental laws; and (e) liability for personal injury, property damage, or
economic loss arising under any statutory or common-law theory.
8.3 Insurance: Utility shall procure and maintain insurance, as required in this Section,
without interruption from commencement of the Utility's work through the term of the
Contract and for 30 days after the physical completion date, unless otherwise indicated
herein.
A. Minimum Scope of Insurance. Utility shall obtain insurance of the types described
below:
1. Automobile liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO)
form CA 00 01.
2. Commercial general liability insurance shall be at least as broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, stop gap
liability, independent contractors, products-completed operations for a period of
three years following substantial completion of the work for the benefit of the
LOCAL AGENCY, personal injury and advertising injury, and liability assumed
under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide a per project general aggregate limit, using ISO form CG 25
03 05 09 or an endorsement providing at least as broad coverage. There shall be
no exclusion for liability arising from explosion, collapse or underground property
damage. The LOCAL AGENCY shall be named as an additional insured under the
Utility's Commercial General Liability insurance policy with respect to the work
performed for the LOCAL AGENCY using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37
10 01 or substitute endorsements providing at least as broad coverage.
3. Workers' compensation coverage as required by the industrial insurance laws of
the State of Washington.
B. Minimum Amounts of Insurance. Utility shall maintain the following insurance
limits:
Page 6 of 11
1. Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of no less than $1,000,000 per accident.
2. Commercial general liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a
$2,000,000 products-completed operations aggregate limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for automobile liability and commercial general
liability insurance:
1. Utility's insurance coverage shall be primary insurance with respect to LOCAL
AGENCY. Any insurance, self-insurance, or insurance pool coverage maintained
by LOCAL AGENCY shall be excess of Utility's insurance and shall not contribute
with it.
2. Utility shall fax or send electronically in .pdf format a copy of insurer's cancellation
notice within two business days of receipt by Utility.
3. If Utility maintains higher insurance limits than the minimums shown above, LOCAL
AGENCY shall be insured for the full available limits of commercial general and
excess or umbrella liability maintained by Utility, irrespective of whether such limits
maintained by Utility are greater than those required by this Agreement or whether
any certificate of insurance furnished to the LOCAL AGENCY evidences limits of
liability lower than those maintained by Utility.
4. Failure on the part of Utility to maintain the insurance as required shall constitute a
material breach of this Agreement, upon which the LOCAL AGENCY may, after
giving at least five business days' notice to Utility to correct the breach,
immediately terminate the Agreement, or at its sole discretion, procure or renew
insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to LOCAL AGENCY on demand, or at the sole discretion of
the LOCAL AGENCY, offset against funds due Utility from the LOCAL AGENCY.
D. No Limitation. The Utility's maintenance of insurance, its scope of coverage, and
limits as required herein shall not be construed to limit the liability of the Utility to the
coverage provided by such insurance, or otherwise limit the LOCAL AGENCY's
recourse to any remedy available at law or in equity.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
F. Evidence of Coverage. As evidence of the insurance coverages required by this
Agreement, Utility shall furnish acceptable insurance certificates to LOCAL AGENCY
at the time Utility returns the signed Agreement, which shall be Exhibit C. The
certificate shall specify all of the parties who are additional insureds, and shall include
applicable policy endorsements, and the deduction or retention level. Insuring
companies or entities are subject to LOCAL AGENCY acceptance. If requested,
complete copies of insurance policies shall be provided to LOCAL AGENCY. Utility
shall be financially responsible for all pertinent deductibles, self-insured retentions,
and/or self-insurance.
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G. Failure to Maintain Insurance. Failure on the part of the Utility to maintain the
insurance as required shall constitute a material breach of contract, upon which the
LOCAL AGENCY may, after giving at least five business days' notice to Utility to
correct the breach, immediately terminate the Agreement or, at its discretion, procure
or renew such insurance and pay any and all premiums in connection therewith, with
any sums so expended to be repaid to the LOCAL AGENCY on demand, or at the
sole discretion of the LOCAL AGENCY, offset against funds due Utility from the
LOCAL AGENCY.
H. Subcontractor Insurance. Utility shall cause each and every subcontractor to provide
insurance coverage that complies with all applicable requirements of Utility-provided
insurance as set forth herein, except Utility shall have sole responsibility for determining
the limits of coverage required to be obtained by subcontractors. Utility shall ensure
that the LOCAL AGENCY is an additional insured on each subcontractor's Commercial
General liability insurance policy using an endorsement as least as broad as ISO CG
20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations.
8.4 Certification Regarding Debarment, Suspension, and Other Responsibility Matters—
Primary Covered Transactions.
A. By executing this Agreement, the Utility certifies to the best of its knowledge and
belief that it and its principals:
(1) Is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by
any Federal department or agency;
(2) Has not within a three-year period preceding this proposal been convicted of or
had a civil judgment, including a civil settlement, rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (a)(2) of this certification; and
(4) Has not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
B. Where the prospective participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
C. Utility shall require all subcontractors submitting bids or proposals to complete any
work in connection with this Agreement to provide the following certification with its
bid/proposal:
Page 8 of 11
(1) The prospective lower tier participant certifies, by submission of this proposal,
that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
8.5 Disputes: If a dispute occurs between the Utility and the LOCAL AGENCY at any time
during the prosecution of the Work, the Parties agree to negotiate at the management
level to resolve any issues. Should such negotiations fail to produce a satisfactory
resolution, the Parties agree to enter into mediation before proceeding to any other legal
remedy. Each Party shall be responsible for its own fees and costs. The Parties agree to
equally share the cost of a mediator.
8.6 Venue: In the event that either Party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this Agreement, the Parties agree
that any such action or proceedings shall be brought in the superior court situated in
Spokane County, Washington unless filing in another county is required under any
provision of the Revised Code of Washington. Further, the Parties agree that each shall
be responsible for its own attorneys' fees and costs.
8.7 Termination:
8.7.1 The Utility understands that the LOCAL AGENCY retains the right to terminate
this Agreement for convenience upon thirty (30) calendar days written notice to
the Utility. In the event that the LOCAL AGENCY exercises this termination right,
the LOCAL AGENCY will reimburse the Utility for all allowable costs under this
Agreement incurred prior to the date of termination, including the costs of
materials procured for use in the project through the date of termination, unless
said materials can be deployed to other projects.
8.7.2 In the event funding for the Work is withdrawn, reduced, or limited in any way
after the execution date of this Agreement and prior to normal completion, the
LOCAL AGENCY may terminate the Agreement upon less than the thirty (30)
calendar day notice requirement in section 8.4.1, subject to renegotiation at the
LOCAL AGENCY's sole option pursuant to the revised funding limitations and
conditions. In the event that the LOCAL AGENCY exercises this termination
right, the LOCAL AGENCY will reimburse the Utility for all allowable costs under
this Agreement incurred prior to the date of termination, including the costs of
materials procured for use in the project through the date of termination, unless
said materials can be deployed to other projects.
8.7.3 In the event Utility materially breaches this Agreement, then the LOCAL
AGENCY may terminate this Agreement if Utility does not cure the breach within
ten (10) days after receiving written notice of the breach.
8.8 Amendments: This Agreement may be amended by the mutual agreement of the
Parties. Such amendments or modifications shall not be binding unless put in writing and
signed by persons authorized to bind each of the Parties.
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8.9 Independent Contractor: Both Parties shall be deemed independent contractors for all
purposes, and the employees of each Party and any of its contractors, subcontractors,
consultants, and the employees thereof, shall not in any manner be deemed to be the
employees of the other Party.
8.10 Audit and Records: During the progress of the Work and for a period of not less than six
(6) years from the date of final payment. The Utility shall maintain the records and
accounts pertaining to the Work and shall make them available during normal business
hours and as often as necessary, for inspection and audit by the LOCAL AGENCY,
State of Washington, and/or Federal Government and copies of all records, accounts,
documents or other data pertaining to the Work will be furnished upon request. The
requesting Party shall pay the cost of copies produced. If any litigation, claim, or audit is
commenced, the records and accounts along with supporting documentation shall be
retained until any litigation, claim or audit finding has been resolved even though such
litigation, claim or audit continues past the six-year retention period.
8.11 Working Days: Working days for this Agreement are defined as Monday through Friday,
excluding Washington State holidays per RCW 1.16.050.
8.12 Exhibits: The following Exhibits are part of this Agreement and fully incorporated as
terms of the Agreement:
a. Exhibit A. Plans and Specifications
b. Exhibit B. Cost Estimate
c. Exhibit C. Assurance of Compliance with Applicable Federal Law
8.13 Notices: Whenever notice to Utility or LOCAL AGENCY is called for in this Agreement,
said notice shall be delivered to the receiving Party at the physical address identified below,
unless different direction was provided in writing:
If to LOCAL AGENCY: If to Utility:
Erica Amsden Legal Department
CIP Engineering Manager Avista Corporation
City of Spokane Valley 1411 E Mission Ave
10210 E Sprague Avenue MSC-33
Spokane Valley, WA 99206 Spokane, WA 99202
(509) 720-5012 (509)495-7341
8.14 Waiver: No officer, employee, agent, or other individual acting on behalf of either Party
has the power, right, or authority to waive any of the conditions or provisions of this
Agreement. No waiver in one instance shall be held to be waiver of any other
subsequent breach or nonperformance. All remedies afforded in this Agreement or by
law shall be taken and construed as cumulative and in addition to every other remedy
provided herein or by law. Failure of either party to enforce at any time any of the
provisions of this Agreement or to require at any time performance by the other party of
any provision hereof shall in no way be construed to be a waiver of such provisions nor
shall it affect the validity of this Agreement or any part thereof.
Page 10 of 11
I
8.15 Assignment and Delegation: Neither Party shall assign, transfer,or delegate any or all of
the responsibilities of this Agreement or the benefits received hereunder without first
obtaining the written consent of the other party.
8.16 Entire Agreement: This Agreement constitutes the entire and complete agreement
between the parties and supersedes any prior oral or written agreements. This
Agreement may not be changed, modified, or altered except in writing signed by the
Parties.
In Witness Whereof, the Parties hereto have executed this Agreement as of the day and year
last written below.
Local Agency Utility
By: By: ,` /.'
,..
Pri ed: Print.7 e . Ken Swei
_ �o J 1}0EAM4 )
Title: City Manager Title: Manager, Transmission Design
Date: Date: ' !_, - -
Page 11 of 11
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TR4855.030 _
1111
DATE 9-10-15
TRANSMISSION STANDARDS 115kV PAGE 1 OF 2
SPA2-0 STRUCTURE
VISTA Utilities SPEC TR 3.472.0
L,L I cNNNN+cl+ 1') #1 1ycl44 jl ra-1*. c I�Ic 4''(' N ((I
TR 3.472.0
ASSEMBLY # DESCRIPTION QTY. REQ.
TR 3804.500A 115 kV 47" HORIZONTAL POST INSULATOR ASSEMBLY (NOTE 2) 1
TR 3804.500B 115 kV 59" HORIZONTAL POST INSULATOR ASSEMBLY (NOTE 3) 2
TR 3012.070 115 kV POST INSULATOR ATTACHMENT ASSEMBLY (NOTE 1) 3
TR 4855.030 STEEL POLE GROUNDING ASSEMBLY 1
TR 3013.400 OPGW CUSHION SUSPENSION CLAMP ASSEMBLY (NOTE 4) 1
TR 4804.014A 115 kV SINGLE POLE EYE PLATE ASSEMBLY 1
NOTE:
1. USE TR 3012.070B FOR MC & ACSR, USE TR 3012.070D FOR ACSS.
2. FOR ACSS, USE 115 kV 49" HORIZONTAL POST INSULATOR WITH BLADE FITTING ASSEMBLY (TR 3804.500D).
3. FOR ACSS, USE 115 kV 59" HORIZONTAL POST INSULATOR WITH BLADE FITTING ASSEMBLY (TR 3804.500E).
4. IF OPGW DEADEND IS SPECIFIED, CONSULT TRANSMISSION ENGINEERING FOR CHANGES TO THE MATERIAL LIST.
5. SEE TR 6621.110A-D FOR SIGNAGE DETAILS.
DATE 9-10-15
TRANSMISSION STANDARDS 115 kV PAGE 2 OF 2
SPA2-O STRUCTURE
41 is TA Utj/jt,g SPEC TR 3.472.0
�d1li t/IST4/ 6CA-IRV/211SIV in 6-2 Rtlete lien
Corp. 66/4I/21129
Staking Skeels
JrtS'
Aneld SpanS,tte An61e DI•ecelen(t et n),end Pyle pasnb,s(teR.Center,et'W)•t)are determined when:dkrna m lice dlreatne et In(reaene structure r ambtr
2.'Re p•olen 481 RRRNe N9takanen e9 new 60e1 pale S}rp(tuted and rednment of relit Al weed sunburns.
f.rrsbli patyr0er'atplaton on Angle-pole strv(S Aet and too[hened roes Inaulaton an reviti-pole 00,06,61.
INSTALL CPA ANNA 5,AN,,NoN fTALATI I[ tire,[robed fouegagn1
PR' 4'm. AHEAD Plow*.Mp2a,
t NSTA SPAS ST.I d c [aarnbn Cum..
FRAMPIO MAN{ POLE NSIflMT [fi IC A9V[NMP X4 Ni ASA Sae Wmtw if 1
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BEA-IRV#2 115kV Str.6/2 Relocation-Foundation Staking Sheet-Rev 0
nlor;s:
Reference Construction S:aking Sheet for structure types and other construction related information.
2 `AGGREGATE'refers to 1-:/4"Aggregate Rase Coarse per TR.1.31C.The unit weight is assumed to be 140 pd.
3."CONCRETE"refers to 4000psi concrete per TR-1.320.
4 Al.embedment depths shall be measured from center of hole.
1 Pole Embedment length is actual length of pole in the ground. Per TR-I 470 through T9.1 473,au holes are to he cverdug by 6-homes and a base layer of 1.1(4"Aggregate base Course or nacve fill snag be installed and tamper(firmly prior to installing toe pole.
'his 5-mch layer of aggregate is accounted for in the Approximate Aggregate Velum!'&Weight so cmns. The b-lnches of over-digg•ng is not accounted for in this table,but is accounted for in the Bld Sheet.
Direct Embed Foundations
Approximate
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EXHIBIT B - Rc o i
TRENT PINES RELOCATION POLE 6/2 PROJECT
COST ESTIMATE
OPINION OF COST ONLY INCLUDES TRENT PINES RELOCATION POLE 6/2 PROJECT
Cost Category QT . Unit Unit Cost Extended Cost
ENGINEERING & PERMITTING
Miscellaneous ROW/Environmental Permitting I Lump S15,000 $15,000
Total $15,000
MATERIALS
Trans. Poles.Guys, Anch.& Found. Materials:
Direct Embed Steel Poles 1 Each S 1,703 $31,703
'Total $31,703
Transmission Conductor Materials:
Insulators and I lardwarc 3 Each $1.000 S3.000
Misc. Conductor Materials i Each 55.000 S5.000
Total $8,000
Total Materials $39,703
LAB )R:
Site Preparation-NI bili7ation/Dernobili7atiorn I Lump Sti.(Nlti S5.(4N)
Fowrdist:csn Excavation(Including Foundation Materials) I l;ch WOO SX,0t1()
Structure Installation Single Pole I Each S 10,000 $10,000
Tral1ic Control I Lump $2.51N) S2.500
Restoration (lump sum) I Lump $I.0 0l S1,04)0
Ext;ting Structure Removal I Each $5,0(K) S5,000
Total Labor $31,500
.1'0.FAI.(Material&Construction): $71,203
TOTAL_ (Engineering& Permitting): S 15,000
TOTAL(Labor OH, PM,Taxes, A&C): ;a 20% S6.300
TOTAL JOB $92,503
Exhibit C
Assurance of Compliance with Applicable Federal Law
During the performance of this Agreement, the Utility,for itself, its assignees,and successors in
interest agrees as follows:
1. Compliance with Regulations:
The Utility will comply with the statutes and regulations relative to the Non-
discrimination in Federally-assisted programs of the U.S. Department of Transportation,
Federal Railroad Administration(FRA),as they may be amended from time to time,
which are herein incorporated by reference and made a part of this contract. Such statutes
and regulations are referred to herein as "Non-discrimination Authorities."
2. Non-discrimination:
The Utility,with regard to the work performed by it during the contract,will not
discriminate on the grounds of race, color,or national origin in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. The
Utility will not participate directly or indirectly in the discrimination prohibited by the
Non-discrimination authorities, including employment practices when the contract covers
any activity,project, or program set forth in Appendix B of 49 C.F.R. Part 21.
3. Solicitations for Subcontracts,Including Procurements of Materials and
Equipment:
In all solicitations,either by competitive bidding or negotiation made by the Utility for
work to be performed under a subcontract, including procurements of materials,or leases
of equipment,each potential subcontractor or supplier will be notified by the Utility of
the Utility's obligations under this contract and the Non-discrimination Authorities.
4. Information and Reports:
The Utility will provide all information and reports required by the Non-discrimination
Authorities and directives issued pursuant thereto and will permit access to its books.
records, accounts,other sources of information, and its facilities may be determined by
the LOCAL AGENCY or FRA to be pertinent to ascertain compliance with such Non-
discrimination Authorities and directives. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the
information,the Utility will so certify to the LOCAL AGENCY or FRA, as appropriate,
and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance:
In the event of a Utility's non-compliance with the Non-discrimination provisions of this
contract, the LOCAL AGENCY will impose such contract sanctions as it or FRA may
determine to be appropriate, including, but not limited to:
a. Withholding payments to the Utility under the contract until the Utility complies;
and/or
b. Cancelling,terminating,or suspending a contract, in whole or in part.
6. Incorporation of Provisions:
The Utility will include the provisions of paragraphs one through six in every
subcontract, including procurements of materials and leases of equipment, unless exempt
by the Non-discrimination Authorities and directives issued pursuant thereto. The Utility
will take action with respect to any subcontract or procurement as the LOCAL AGENCY
or FRA may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided,that if the Utility becomes involved in,or is threatened by
litigation by a subcontractor, or supplier because of such direction,the Utility may
request the LOCAL AGENCY to enter into any litigation to protect the interest of the
LOCAL AGENCY. In addition, the Utility may request the United States to enter into the
litigation to protect the interests of the United States.
7. Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race,color, national origin); and 49
C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal-aid programs and
projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.),(prohibits
discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.)as
amended,(prohibits discrimination on the basis of disability);and 49 C.F.R. Part
27;
• The Age of Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination based on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123),
as amended, (prohibit discrimination based on race, creed,color,national origin,
or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms"programs or activities"to include all of the
programs or activities of the Federal-aid recipients,sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act,which prohibit
discrimination on the basis of disability in the operation of public entities,public
and private transportation systems, places of public accommodation,and certain
testing entities(42 U.S.C. §§ 12131-12189)as implemented by Department of
Transportation regulations at 49 C.F.R. Parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. §
47123)(prohibits discrimination on the basis of race, color,national origin, and
sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations,which ensures
nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
include discrimination because of limited English proficiency(LEP). To ensure
compliance with Title VI,you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs(70 Fed. Reg. at 74087 to
74100);
• Title IX of the Education Amendment of 1972,as amended,which prohibits you
from discriminating because of sex in education programs or activities(20 U.S.C.
§ 1681 e1 seq).
8. Compliance with 2 C.F.R. Part 200, Uniform Administrative Requirements,Cost
Principles and Audit Requirements:
This Agreement shall be subject to 2 C.F.R. Part 200, Uniform Administrative
Requirements, Cost Principles and Audit Requirements for Federal Awards and the
United States Department of Transportation implementing regulations at 2 C.F.R. Part
1202 (see 2 C.F.R. § 200.101), and such provisions are incorporated by reference herein.
9. Prohibition in Trafficking in Persons:
Utility and any contractor thereof performing Work identified in the Agreement shall not
(a)engage in any form of trafficking in persons during the period of this Agreement; (b)
procure a commercial sex act during the period of time that the award is in effect,or(c)
use forced labor in the performance of this Agreement. This Agreement shall be
terminated if Utility,a contractor thereof,or any of their employees,officers,or officials
is determined to have either violated any provision of this paragraph directly or through
conduct imputed to the LOCAL AGENCY or Utility pursuant to the standards set forth in
2 C.F.R. part 180,as implemented at 2 C.F.R. part 1200. Utility and any contractors
thereof performing Work identified in the Agreement shall notify the LOCAL AGENCY
immediately if they receive information from any source alleging a violation of this
paragraph during the term of this Agreement.
10. DBE Requirements:
This Agreement is not subject to a mandatory Disadvantaged Business Enterprises
("DBE")goal. In the absence of a mandatory DBE,the Utility shall continue their
outreach efforts to provide SBE firms maximum practicable opportunities.
11. Federal Railroad Administration Review: Utility acknowledges that the Federal
Railroad Administration(FRA) has the right to review or examine any services provided
under or part of this Agreement(including subcontracts)while such services are in
progress or upon completion. Utility agrees to comply with all applicable provisions
governing FRA's access to records, accounts, documents, information,facilities,and
staff.
12. Minimum Wage Rates: The amounts paid by Utility for labor in connection with the
work identified in the Agreement shall meet or exceed the amounts predetermined by the
United States Secretary of Labor, in accordance with the Davis-Bacon Act, 40 U.S.C.
3141-3148 (as supplemented by Department of Labor regulation in 29 CFR Part 5)and/or
23 U.S.C. 113, that contractors must pay to skilled and unskilled labor. Such minimum
rates shall be stated in Utility's invitations for bids and shall be included in proposals or
bids for the work under this Agreement.Provided, however, that Utility is not subject to
those provisions of the Davis-Bacon Act and/or 23 U.S.C. 113 which,according to the
terms of those statutes and pertinent regulations, would not apply to Utility but for this
paragraph 12.
13. Buy America:
a. Steel, iron,and manufactured goods used in the Project are subject to 49 U.S.C.
22905(a),as implemented by the Federal Railroad Administration,as if this award
were to carry out chapter 229 of title 49, United States Code. Utility
acknowledges that this Agreement is neither a waiver of 49 U.S.C. 22905(a)(1)
nor a finding under 49 U.S.C. 22905(a)(2). Utility agrees to comply with 49
U.S.C. 22905(a) in performance of this Agreement.
b. Construction materials used in the Project are subject to the domestic preference
requirement at § 70914 of the Build America, Buy America Act, Publ. L.No. 117-
58,div. G, tit. IX,subtitle A, 135 Stat.429, 1298 (2021),as implemented by
OMB, USDOT. and FRA. Utility acknowledges that this Agreement is neither a
waiver of§ 70914(a)nor a finding under§ 70914(b). Utility agrees to comply
with § 70914 of the Build America, Buy America Act in performance of this
Agreement.
c. Under 2 C.F.R.200.322,as appropriate and to the extent consistent with law,
Utility should, to the greatest extent practicable under this Agreement, provide a
preference for the purchase,acquisition,or use of goods,products,or materials
produced in the United States. Utility shall include the requirements of 2 C.F.R.
200.322 in all contracts and purchase orders for work or products under this
Agreement.
14. Small and Disadvantaged Business Requirements: With regard to work performed
under this Agreement, Utility shall comply with 2 C.F.R. 200.321 ("Contracting with
small and minority businesses,women's business enterprises,and labor surplus area
firms"),and to the extent applicable,49 C.F.R. part 26("Participation by disadvantaged
business enterprises in Department of Transportation financial assistance programs").
15. Foreign Market Restrictions: Utility shall not allow funds provided under this award to
be used to fund the use of any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
16. Prohibition on Contracting with Entities With Delinquent Tax Liability or a Felony
Conviction Under Federal Law:
a. By signing the Agreement, Utility certifies that Utility(i)does not have any
unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed.(ii)does not have
any unpaid Federal tax liability that is not being paid in a timely manner pursuant
to an agreement with the authority responsible for collecting the tax liability; and
(iii) was not convicted of a felony criminal violation under any Federal law within
the preceding 24 months.
b. If Utility has such an unpaid Federal tax liability or Federal felony conviction
that was not previously disclosed,then it must immediately notify the LOCAL
AGENCY of the same in writing.
c. In all contracts entered into by Utility with third parties in connection with this
agreement, Utility shall require the third party to provide the same certification
identified in paragraph 16(a) herein. Before entering into such an agreement with
any third party, Utility shall check the System for Award Management"SAM")at
http:i/ww‘N.sam.eov/for an entry describing that entity.
d. If a third party entering into a contract with Utility that is connected to this
Agreement cannot make the certification in paragraph 16(a)herein.then Utility
shall not enter into the contract or continue performance under the contract with
the third party unless the USDOT has determined in writing that suspension or
debarment of that entity are not necessary to protect the interests of the
Government.
e. If, after having entered into a contract with a third party, Utility learns the third
party has a delinquent Federal tax liability or Federal felony conviction, then
Utility must(i) immediately notify the LOCAL AGENCY in writing,and(ii)shall
not continue performing under the contract unless the USDOT has determined in
writing that suspension or debarment of that entity are not necessary to protect the
interests of the Government.
f. If Utility enters into agreements with others to provide goods or services in
connection with the work identified in the Agreement,then all such agreements
shall require the SAM check in paragraph 16(c), certifications in paragraph 16(a),
as well as the prohibitions and required notifications identified in paragraphs
16(d)and(e) herein.
17. Text Messaging While Driving:
a. Workplace Safety. In accordance with Executive Order 13513, Federal Leadership
on Reducing Text Messaging While Driving(Oct. 1,2009)and DOT Order
3902.10,Text Messaging While Driving(Dec. 30, 2009),the Utility is encouraged
to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by
distracted drivers including policies to ban text messaging while driving(i)
company-owned or-rented vehicles or Government-owned, leased or rented
vehicles; or(ii)privately-owned vehicles when on official Government
business or when performing any work for or on behalf of the Government.
2. Conduct workplace safety initiatives in a manner commensurate with the size
of the business, such as(i)establishment of new rules and programs or re-
evaluation of existing programs to prohibit text messaging while driving; and
(ii)education,awareness, and other outreach to employees about the safety
risks associated with texting while driving.
b. Contracts.To the extent permitted by law,the Utility shall insert the substance of
this paragraph 17, including subparagraph(b), in all contracts with third parties to
supply goods or services to complete the work identified in this Agreement.This
paragraph 17(b)does not apply to contracts for the acquisition of commercially
available off-the-shelf items.
18. Prohibition on Providing Funds to the Enemy:
a. Utility must:
1. Exercise due diligence to ensure that none of the funds, including supplies and
services,received under this agreement are provided directly or indirectly
(including through subcontracts)to a person or entity who is actively
opposing the United States or coalition forces involved in a contingency
operation in which members of the Armed Forces are actively engaged in
hostilities,which must be completed through 2 CFR 180.300 prior to entering
into a contract;and
2. Terminate or void in whole or in part any contract with a person or entity
listed is SAM as a prohibited or restricted source pursuant to subtitle E of Title
VIII of the NDAA for FY 2015, unless the Federal awarding agency provides
written approval to continue the contract.
b. Utility may include the substance of this clause, including paragraph(a) of this
clause, in contracts under this Agreement that have an estimated value over
$50,000 and will be performed outside the United States, including its outlying
areas.
c. The Federal Railroad Administration (FRA)has the authority to terminate or void
this Agreement, in whole or in part, if the FRA becomes aware that Utility failed
to exercise due diligence as required by paragraph 18(a) herein or if the FRA
becomes aware that any funds received from the Federal government for work
identified in the Agreement have been provided directly or indirectly to a person
or entity who is actively opposing coalition forces involved in a contingency
operation in which members of the Armed Forces are actively engaged in
hostilities.
19. Provisions Required by 2 CFR Part 200,Appendix II: Utility is subject all provisions
identified in Appendix 11 to 2 CFR Part 200. Such provisions that are not otherwise identified
in the Agreement or this exhibit are identified below:
a. Equal Employment Opportunity. During the performance of this Agreement, Utility
agrees as follows:
(1) Utility will not discriminate against any employee or applicant for employment
because of race, color,religion, sex, sexual orientation,gender identity, or national origin.
Utility will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race,color, religion,
sex,sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer;recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. Utility agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) Utility will, in all solicitations or advertisements for employees placed by or on behalf
of Utility, state that all qualified applicants will receive consideration for employment
without regard to race,color,religion, sex, sexual orientation,gender identity,or national
origin.
(3) Utility will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant.This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding,hearing,or action, including an investigation
conducted by the employer, or is consistent with Utility's legal duty to furnish
information.
(4) Utility will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding,a notice advising said
labor union or workers'representatives of Utility's commitments under this section,and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) Utility will comply with all provisions of Executive Order 11246 of September 24,
1965,and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) Utility will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations,and orders of the Secretary of Labor,or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations,and orders.
(7) In the event of Utility's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules,regulations,or orders,this contract may be
canceled,terminated,or suspended in whole or in part and Utility may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of
Labor,or as otherwise provided by law.
(8)Utility will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1)through (8) in every subcontract or purchase order
unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. Utility will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance. Provided,
however,that in the event a contractor becomes involved in,or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, Utility may request the United States to enter into such litigation to protect the
interests of the United States.
b. Copeland "Anti-Kickback"Act. Utility shall comply with 40 U.S.C. 3145 as
supplemented by 29 C.F.R. Part 3. Utility acknowledges that it is prohibited from
inducing, by any means,any person employed in the construction, completion,or repair
of public work,to give up any part of the compensation to which he or she is otherwise
entitled. Utility agrees to timely report all suspected or reported violations to the LOCAL
AGENCY.
c. Contract Work Hours and Safety Standards Act. Utility shall comply with 40 U.S.C.
3701-3708 to the extent applicable.
d. Compliance with Environmental Law. Utility shall comply with all applicable provisions
of the Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control
Act(33 U.S.C. 1251-1387), as amended.
e. Byrd Anti-Lobbying Amendment. Utility certifies that it has not and will not use Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency,a member of Congress,officer or
employee of Congress,or an employee of a member of Congress in connection with
obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.
Utility must disclose any lobbying using non-Federal funds that takes place in connection
with obtaining any Federal award.
f. Procurement of Recovered Material.To the extent applicable to the work identified in the
Agreement, Utility shall comply with 2 CFR § 200.323.
g. Prohibition on Video Surveillance Equipment from Certain Foreign Entities.To the extent
applicable to the work identified in the Agreement, Utility shall comply with 2 CFR §
200.216.
Avista Corp.
1411 E Mission
P 0 Box 3727.MSC-19
Spokane,WA 99220-3727
www avistacorp corn
ie IWSrQ
Bob Brandkamp,ARM
Risk Manager
..„ .3 _s x._,; (509)495-4924
bob.brandkamp@avistacorp.com
January 10, 2025
City of Spokane Valley
Attn: Erica Amsden, CIP Engineering Manager
Re: Confirmation of insurance. Agreement 24-218, Pines Rd/BNSF Grade Separation
Project
As a major private utility. Avista Corporation retains risks by self-insuring at or above the
minimum coverage requirements for Commercial General Liability (CGL ) and Business Auto
liability in Section 8.3 of the Agreement. Avista Corp. is a self-insured organization for General
Liability and Business Auto Liability to third parties for claims up to $2 million per occurrence.
Avista also carries excess general and business auto liability through AEGIS Insurance
Services with a limit of$35 million over and above the self-insured amount. Avista's Claims
Department would respond in a manner similar to a commercial insurer in case a claim
occurrence arises within our self-insured risk.
Avista considers the City of Spokane Valley, its officers. agents and employees as Additional
Insureds as it applies to this project. Avista Corporation assumes responsibility per terms of the
Agreements to the extent that standard insurance policies would respond to an insurable loss.
If you have any questions, please contact me.
Sincerely,
Bob Brandkamp, ARM
Risk Manager