14-066.00 WSDOE: Regional Decant FacilityDEPARTMENT OF
ECOLOGY
State of Washington
AMENDMENT NO. 1
TO GRANT AGREEMENT NO. G1200607
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF SPOKANE VALLEY
PURPOSE: To amend the above -referenced grant agreement between the Department of
Ecology [DEPARTMENT] and the City of Spokane Valley [RECIPIENT] for the Regional
Decant Facility Project. This amendment is needed to provide additional funding for eligible bid
overrun expenses and change orders. The funding increase for the bid overrun is ten percent of
the original engineer's estimate, as provided for in Special Condition A — Adjusted Construction
Budget of the agreement. The original engineer's estimate for Task 4 - Construction was
$850,000 and the low responsive bid amount is $1,050,173. The funding increase for the change
order is five percent of the eligible portion of the low responsive responsible construction bid, as
provided for in Special Condition B — Change Orders. This amendment alsoadds new language
to the existing General Terms and Conditions.
IT IS MUTUALLY AGREED that the grant agreement is amended as follows:
1. The Total Project Cost is increased by $241,896, from $980,000 to $1,221,896.
2. The Total Eligible Cost is increased by $137,509, from $980,000 to $1,117,509.
3. The DEPARTMENT share is increased by 103,132, from $735,000 to $838,132.
4. The RECIPIENT share is increased by $34,377, from $245,000 to $279,377.
5. The project budget will be modified as follows:
The Original Budget will be deleted:
0;01-A-0coQD
Spokane Valley Regional Decant Facility
Page 2
Spokane Valley Regional Decant Facility
TASKS/OBJECTS
TOTAL
PROJECT
COST
**TOTAL
ELIGIBLE
COST (TEC)
1 - Project Administration/Management
$20,000
$20,000
2 — Design Plans and Permitting Activities
$85,000
$85,000
3 — Construction Management
$25,000
$25,000
4 — Construction
$850,000
$850,000
Total
$980,000
$980,000
** The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost.
MATCHING REQUIREMENTS
DEPARTMENT Share: maximum 75% of TEC
$735,000
RECIPIENT Share: minimum 25% of TEC
Cash
Other types of in-kind, such as volunteer work are not eligible
$245,000
The Revised Budget will be added:
Spokane Valley Regional Decant Facility
TASKS/OBJECTS
TOTAL
PROJECT COST
**TOTAL
ELIGIBLE
COST (TEC)
1 - Project Administration/Management
$3,500
$0
2 — Design Plans and Permitting Activities
$146,990
$130,000
3 — Construction Management
$12,500
$0
4 — Construction
$968,149
$935,000
5 — Change Order Allowance
$90,757
$52,509
Total
$1,221,896
$1,117,509
** The DEPARTMENT'S Fiscal Office will track to the Total Eligible Cost.
Spokane Valley Regional Decant Facility
Page 3
MATCHING REQUIREMENTS
DEPARTMENT Share: maximum 75% of TEC
$838,132
RECIPIENT Share: minimum 25% of TEC
Cash
Other types of in-kind, such as volunteer work are not eligible
$279,377
PART V. SCOPE OF WORK
1. This will be added:
Task 5 — Change Orders
A. The RECIPIENT will negotiate all change orders to the construction contract necessary
for successful completion of the PROJECT.
B. The RECIPIENT will submit the change orders to the DEPARTMENT for approval.
Required Performance:
1. Submittal of all change orders. Changes to the construction contract must be approved
prior to reimbursement for work performed under this task.
ATTACHMENT II: General Terms and Conditions Pertaining to Grant and Loan
Agreements of the Department of Ecology
1. This will be added:
W. FUNDING AVAILABILITY
The DEPARTMENT's ability to make payments is contingent on availability of funding. In the
event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date and prior to completion or expiration date of this agreement, the
DEPARTMENT, at its sole discretion, may elect to terminate the agreement, in whole or part, or
to renegotiate the agreement subject to new funding limitations and conditions. The
DEPARTMENT may also elect to suspend performance of the agreement until the
DEPARTMENT determines the funding insufficiency is resolved. The DEPARTMENT may
exercise any of these options with no notification restrictions.
Spokane Valley Regional Decant Facility
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FURTHER, this amendment shall be effective May 1, 2012, the project prior authorization date.
Except as expressly provided by this amendment, all other terms and conditions of the original
grant agreement and all amendments remain in full force and effect.
IN WITNESS WHEREOF: the parties have signed this amendment.
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
CITY OF SPOKANE VALLEY
"11,1 a-thidW AroL---
H '• HER R. B TLETT DATE MIKE J ON DATE
WATER QUALITY PROGRAM MANAGER CITY )'AGER
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(Revised 05/05/09)