19-067.01 USDOT: TIGER IX Grant for Barker GSP 19• 00. 0►
ADDENDUM No. 1
GRANT AGREEMENT UNDER THE
CONSOLIDATED APPROPRIATIONS ACT,2017
(PUB.L. 115-31,MAY 5,2017)
FOR THE NATIONAL INFRASTRUCTURE INVESTMENTS
DISCRETIONARY GRANT PROGRAM
(FY 2017 TIGER DISCRETIONARY GRANTS)
CITY OF SPOKANE VALLEY
BRIDGING THE VALLEY: BARKER ROAD GRADE SEPARATION PROJECT
FHWA FY 2017 TIGER Grant No. 9
SECTION 1. PURPOSE OF ADDENDUM
a) The purpose of this addendum, Addendum No. 1 (the "Addendum") to FHWA FY 2017
TIGER Grant No. 9("Grant Agreement"), is to obligate the remaining TIGER FY 2017 funds
and to recognize and accept modifications to the schedule, budget, special grant conditions,
and performance measures dates the "Bridging the Valley: Barker Road Grade Separation
Project" ("Project").
b) This Addendum will constitute a formal amendment to the Grant Agreement which was
executed by the U.S. Department of Transportation,the Federal Highway Administration (the
"Government" or "FHWA") and the City of Spokane Valley (the "Recipient") (collectively
the "Parties"). Except as modified, changed and supplemented by this Addendum, all terms
and conditions of the original Grant Agreement shall continue in full force and effect.
c) The following sets out the amendments to the referenced sections of the Grant Agreement:
SECTION 2. AMENDED ARTICLE 1 OF THE GRANT AGREEMENT
Article 1.6 of the Grant Agreement is amended and restated in its entirety and will read as
follows:
1.6 Fund Obligation.
(a) As described in Attachment A, this project consists of a Base Phase for final design
and right-of-way acquisition and an Option Phase 1 for construction of the Barker Road
railroad overpass and Trent Avenue intersection roundabout construction.
(b) This agreement obligates the Base Phase amount of$2,452,000 for eligible costs in the
Base Phase.
(c) This agreement obligates the Option Phase 1 amount of$6,568,149 for eligible costs
in Option Phase I.
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SECTION 3. AMENDED ARTICLE 2 OF THE GRANT AGREEMENT
a) Article 2.2 of the Grant Agreement is amended and restated in its entirety and will read
as follows:
2.2 Summary of Project's Estimated Schedule. (See Attachment B for additional details).
Actual Completion of NEPA: November 30,2018
Base Phase: Final Design and Right-of-Way Acquisition
Actual Start of Final Design: April 6,2019
Actual Start of Right-of-Way Acquisition: May 24, 2019
Actual Completion of Final Design: August 21, 2020
Actual Right-of-Way Certification: August 5,2020
Option Phase 1: Barker Road Railroad Overpass and Trent Avenue Intersection
Roundabout Construction
Planned PS&E Approval: August 30,2020
Planned Construction Start Date: March 8, 2021
Planned Construction Substantial Completion
and Open to Traffic Date: June 30,2023
Period of Performance End Date: December 30,2023
Planned Project Closeout Date: March 30, 2025
b)Article 2.3 of the Grant Agreement is amended and restated in its entirety and will read
as follows:
2.3 Summary of Project's Estimated Budget. (See Attachment C for additional details).
TIGER Grant Funds and Additional Sources of Project Funds:
TIGER Discretionary Grant Amount: $ 9,020,149
Other Federal Funds': $ 6,719,921
State Funds': $ 6,320,009
Local Funds3: $ 3,630,321
Other Funds4: $ 300.000
Total Project Cost: $25,990,400
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'$6,000,000 (National Highway Freight Program) + $719,921 (FHWA's Safe,
Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for User's High
Priority Projects Program)_$6,719,921
2$1,320,009 (2017-2019 Washington State Transportation Budget) + $5,000,000
(Washington State Freight Mobility Strategic Investment Board*) _ $6,320,009. *Grant
award is 20 percent of the total project cost, funding shown is an estimate. Final FMSIB
contribution will be determined at project closeout.
3City of Spokane Valley funds included in adopted City Budget
`Anticipated BNSF contribution
c) Article 2.4 of the Grant Agreement is amended and restated in its entirety and will read
as follows:
2.4 Recipient Cost Share Certification.
As negotiated,the Recipient hereby certifies that not less than $10,250,330 in non-Federal funds
are committed to fund the project, of this amount, $3,530,409 is the match for the FY 2017
TIGER Discretionary Grant.
SECTION 4. AMENDED ARTICLE 8 OF THE GRANT AGREEMENT
Article 8.1 of the Grant Agreement is amended and restated in its entirety and will read as
follows:
8.1 USDOT Termination.
(a) The USDOT may terminate this agreement and all of its obligations under this
agreement if any of the following occurs:
(1) The Recipient fails to obtain or provide any non-TIGER Discretionary Grant
contribution or alternatives approved by the USDOT as provided in this agreement
and consistent with sections 2.2, 2.3, and 2.4;
(2) The Recipient fails to begin construction before May 8, 2021;
(3) The Recipient fails to begin expenditure of award funds by June 21, 2021;
(4) The Recipient fails to achieve the Construction Substantial Completion and Open
to Traffic Date by September 30, 2023;
(5) The Recipient fails to meet the conditions and obligations specified under this
agreement, including a material failure to comply with the schedule in section 2.2
even if it is beyond the reasonable control of the Recipient; or,
(6) The USDOT determines that termination of this agreement is in the public interest.
(b) In terminating this agreement under this section the USDOT may elect to consider only
the interests of the TIGER Discretionary Grant program and the USDOT.
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SECTION 5. AMENDED ARTICLE 11 OF THE GRANT AGREEMENT
Article 11.1 of the Grant Agreement is amended and restated in its entirety and will read as
follows:
11.1 Railroad Agreement: As a condition for this project, on June 12, 2020, the Recipient
executed a written agreement with BNSF Railway Company (BNSF) for work and
operation within BNSF right-of-way.
SECTION 6.AMENDED ATTACHMENT B OF THE GRANT AGREEMENT
Attachment B of the Grant Agreement is amended and restated in its entirety and will read
as follows:
ATTACHMENT B
ESTIMATED PROJECT SCHEDULE
Actual Start of Preliminary Engineering: September 1,2017
Actual End of Preliminary Engineering: March 30, 2019
Actual Completion of NEPA: November 30, 2018
Base Phase: Final Design and Right-of-Way Acquisition
Actual Start of Final Design: April 6,2019
Actual Completion of Final Design: August 21,2020
Actual Start of Right of Way Acquisition: May 24, 2019
Actual Right of Way Certification: August 5, 2020
Option Phase 1: Barker Road Railroad Overpass and Trent Avenue Intersection
Roundabout Construction
Planned PS&E Approval: August 30, 2020
Planned Construction Contract Award Date: January 1, 2021
Planned Construction Start Date: March 8, 2021
Major Project Activity Planned Start Date Planned End Date
Project Construction 3/8/2021 6/30/2023
Barker Road Overpass 3/8/2021 6/30/2023
Flora Road At-grade Crossing 3/8/2023 6/30/2023
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Barker Road and Trent Avenue Intersection 9/1/2021 6/30/2023
Roundabout
Construction Engineering 1/1/2021 12/31/2023
Planned Construction Substantial Completion
and Open to Traffic Date: June 30,2023
Period of Performance End Date: December 30, 2023
Planned Project Closeout Date: March 30, 2025
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SECTION 8.AMENDED ATTACHMENT D OF THE GRANT AGREEMENT
Attachment D of the Grant Agreement is amended and restated in its entirety and will read
as follows:
ATTACHMENT D
PERFORMANCE MEASUREMENT TABLE
Study Area: Extending 1,000 feet in the east, west, and south directions from the intersection of
State Route 290 (Trent Avenue) and Barker Road.
Pre-project Measurement Date: February 8,2021
Pre-project Report Date: May 8,2021
Project Outcomes Report Date: June 30, 2027
Table 1: Performance Measurement Table
Measure Description and Measurement Period Reporting Period
Safety Baseline Measurement:
Crash rates will be Annual average, Baseline Measurement:
accurate as of the Pre-
measured and reported as project Measurement Pre-project Report Date
Auto Crash a count of crashes per Date
Rates by year and identified by the Interim Performance
Interim Performance Measures:
Type/Severity following severity Measures:
categories: fatal, injury, For a period of 3 years,
June 30,2024 beginning August 30,
and property-damage-
only crashes. June 30,2025 2024, annually
June 30,2026
Baseline Measurement:
Economic Annual average, Baseline Measurement:
Competitiveness accurate as of the Pre-
The total volume of project Measurement Pre-project Report Date
Average Daily Interim Performance
Traffic(ADT) vehicle traffic on a Date
highway or road segment Measures:
g Y g Interim Performance
per day as defined by the Measures: For a period of 3 years,
project study area. June 30,2024 beginning August 30,
2024, annually
June 30,2025
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Description and
Measure Measurement Period Reporting Period
Category of Measure
June 30, 2026
Baseline Measurement:
Economic Annual average,
Competitiveness g , Baseline Measurement:
accurate as of the Pre-
The number of annual project Measurement Pre-project Report Date
Rail Track Date
Grade automobile crossings that Interim Performance
Separation are eliminated at an at- Interim Performance Measures:
grade crossing as a result Measures: For a period of 3 years,
of a new grade June 30, 2024 beginning August 30,
separation. June 30, 2025 2024
June 30, 2026
SECTION 9. EXECUTION OF ADDENDUM
This Addendum may be executed in counterparts,which constitute one document.The parties shall
execute this Addendum in quadruplicate and intend each countersigned original to have identical
legal effect. When signed and dated by the authorized official of the Government,this instrument
will constitute a formal amendment to the Grant Agreement. Except as modified, changed, and
supplemented by this Addendum, all terms of the original Grant Agreement shall continue in full
force and effect. Upon full execution of this Addendum by the Parties, the effective date will be
the date the Government executes this Addendum as set forth below.
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EXECUTION BY THE USDOT
Executed this day of ,2020.
Digitally signed by DANIEL M
DANIEL M MATHIS MATHIS
Date:2020.08.31 15:34:12-07'00'
Daniel M. Mathis
Division Administrator
FHWA Washington Division
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EXECUTION BY CITY OF SPOKANE VALLEY,WASHINGTON
By signature below, the Recipient acknowledges that it accepts and agrees to be bound by this
agreement.
Executed this 2. +�t day of A 1,,,,st— ,2020.
r/pAL CA,U443,, _
Mark Calhoun
City of Spokane Valley City Manager
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EXECUTION BY STATE DEPARTMENT OF TRANSPORTATION
Executed this day of ,2020.
Kathleen Davis Digitally signed by Kathleen Davis
Date:2020.08.27 10:29:04-07'00'
Kathleen B. Davis
WSDOT Local Programs, Director
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