Loading...
19-067.02 TIGER IX: Barker GSP ADDENDUM No.2 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. 2 (the "Addendum") to FHWA FY 2017 TIGER Grant No. 9 ("Grant Agreement"), is to recognize and accept modifications to the statement of work, schedule, budget, and U.S.DOT contacts for 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 a) Section 1.3 of the Grant Agreement is amended by striking "period of performance" and inserting "budget period." b) Section 1.4 of the Grant Agreement is amended and restated in its entirety and will read as follows: 1.4 Period of Performance. The period of performance for this award begins on the date of this agreement and ends on the project end date in FMIS. c) Sections 1.5 through 1.8 of the Grant Agreement are renumbered as sections 1.6 through 1.9 respectively. d)A new Section 1.5 of the Grant Agreement is added to the Grant Agreement and will read as follows: 1 1.5 Budget Period. The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 2.2. The Recipient shall not charge to this award costs that are incurred after the budget period. SECTION 3. AMENDED ARTICLE 2 OF THE GRANT AGREEMENT a) Section 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 Actual PS&E Approval: October 5, 2020 Actual Construction Start Date: March 8, 2021 Planned Construction Substantial Completion and Open to Traffic Date: June 30, 2023 Budget Period End Date: June 30, 2024 c) Section 2.8 of the Grant Agreement is amended and restated in its entirety and will read as follows: 2.8 Recipient Contacts. Primary Contact William Helbig Community & Public Works Director City of Spokane Valley 10210 E. Sprague Ave. Spokane Valley, WA 99206 (509) 720-5320 2 bhelbig@spokanevalley.org Secondary Contact Gloria Mantz City Engineer City of Spokane Valley 10210 E. Sprague Ave. Spokane Valley, WA 99206 (509) 720-5014 gmantz(a,spokaneval ley.org WSDOT Contacts: Mark Allen,PE Local Programs Engineer WSDOT Eastern Region 2714 N Mayfair Street Spokane, WA 99207 (509)209-7552 al lenmvawsdot.wa.gov Stephanie Tax Manager,Program Management WSDOT Local Programs 310 Maple Park Avenue Olympia, WA 98504 (360) 705-7389 taxs(a,wsdot.wa.gov SECTION 4. AMENDED ARTICLE 4 OF THE GRANT AGREEMENT a) Section 4.2 of the Grant Agreement is amended and restated in its entirety and will read as follows: 4.2 Closeout Information.No later than 90 days after the end of the period of performance, the Recipient shall: (1) submit a final Federal Financial Report (SF-425), a certification or summary of project expenses, and any other information required under the Administering Operating Administration's closeout procedures; and (2) provide a report comparing the final work,schedule,and budget to the statement of work described in section 2.1,the schedule described in section 2.2,and the budget described in section 2.3. b) Section 4.3 of the Grant Agreement is amended and restated in its entirety and will read as follows: 3 4.3 Project Closeout. In this agreement, "Project Closeout"means the date that the USDOT notifies the Recipient that the project is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the Recipient liquidates all obligations under this award and submits the reports identified in section 4.2. SECTION 5.AMENDED ARTICLE 7 OF THE GRANT AGREEMENT Section 7.2 of the Grant Agreement is amended and restated in its entirety and will read as follows: 7.2 Schedule Changes. If the project's substantial completion date changes to a date that is more than three months after the substantial completion date listed in section 2.2 or a schedule change would require the budget period to continue after the budget period end date listed in section 2.2,then the Recipient shall request a modification of this agreement to update section 2.2 and Attachment B. For other schedule changes, the Recipient shall request a modification of this agreement to update section 2.2 and Attachment B unless the USDOT has consented, in writing consistent with the Administering Operating Administration's requirements,to the change. SECTION 6.AMENDED ARTICLE 8 OF THE GRANT AGREEMENT a) Section 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 finish construction (substantial completion) 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. 4 (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. b) Section 8.3 of the Grant Agreement is amended and restated in its entirety and will read as follows: 8.3 Fund Liquidation,Adjustment,and Cancellation. (a) The Recipient shall liquidate all obligations under this award not later than the earlier of(1) 120 days after the end of the period of performance or (2) the statutory funds cancellation date identified in section 8.3(c). (b) Liquidation and adjustment of funds under this agreement follow the requirements of2 C.F.R. 200.344—.346. (c) Outstanding FY 2017 TIGER Discretionary Grant balances are canceled by statute after September 30, 2025, and are then unavailable for any purpose, including adjustments. SECTION 7. 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 Actual PS&E Approval: October 5 , 2020 5 Actual Construction Contract Award Date: January 28, 2021 Actual 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 Barker Road and Trent Avenue Intersection 3/8/2021 6/30/2023 Roundabout Construction Engineering 1/1/2021 12/31/2023 Planned Construction Substantial Completion and Open to Traffic Date: June 30, 2023 Budget Period End Date: June 30, 2024 • 1 0 00o N N N 00 p 0 o U N to ti cr y C 'tr) '00 N b S O- N 6R EA W ct tk o m CC CI ^O VD N N CD OT O (� .0-i 00 M t� 00 Lan N b s.0 VD CC 69 69 d3 6R Cf? ^O E' E• co W A '' s 0, 00 z U � e0 .70 0 r o M a 4,4 N • .a o x ai I o. z , NN VI 0 oT o cot00 o moo• b 4 : !; aer• CI EN • c _ —'a 1 W es o,s9 EA U a an ---- d P CD aoE-4 rg o c y L WL � y p . . 0 6, :y ae (A- ~ Ab41 603 In Nr15 go ell) 00 ,r 1 on an N act a, , 6; 5 cd O o U llht1H; IJ1il I N -0 N ... cn oo h o � -0 V 00 cl en ' 0 00 N <t V. W N ct i-, *a N 00 O0 0 o ' 001 -0 cd `3 O b 0\ al d - 2. N - ,-- cn p„iI. 69 69 6969 69 N 4 C7 s. U W :) O F.4 as c c o o a> o al z .pi. V O cz5 C '▪ ' Gam) c)rn O 0en en f• U a p c.) N oo a a) dJ w+ d en' ,—, •� I: 0000 0 O cd too.� a 0\ 0 © V1 N W to .p N cn O� . 00 • M be 0 d °� *v) a >. -a o aCA g �O an xs9 0 0 0 IIAG :fl •�. ,h n 0 N as O O N 0 - = O 0 171 m - p M N O O M �. N 0 N ,4 O O ON �}.+� U O a 00 O0 o O n °. to y p N �.+ 071- l • O r+ Oel)r- a �1 ti Fal 6S ,__, ER 69 ti en a > V) Eg a) 69 �+4 b9 cil 0-1 f� d .F 0A . cd c .. d o 0 0 ON 0 N c}}s., �' • i. Cid vn en s 0 O N O 00 OA Q cd 0 W co -0 p a ~ g O Cr 0 0 00 ea o�an 16 Cd it - O _O -- O 1� C�- O O '�' aen" 69 yes 6s 6 bpa, i. v, o 0 0 0 oN, 3 1. •EL9 A S. W o 0 0 0, ,o 0 c,; a 0 w O ON N I in' O [, '• � Gs. in y (�4 W h to "t .- b \O O bA p 69 69 H9 (P) cad (+'' 69 O at 0 at I^ O O a O\ 0 O\ ad 0 Oa O 4 li � � a a © cn 0 0 �•• ( he (n in o o i- cd 6s - 6�9s\Os ie) od 3•,- •'—n 6 oas 0 U o0 ,oa , ^. 69 a goo . "I b o -0 0IW000 N g h O 0 �� No-' at GA b ^C bA 0v O cd W p j +0 p cn -0 N Fes �'0 y x , w 0 . •. N N 4- y) c ci "C p V) o. O :b ° O R > O ° c� '2 O O 0b •°.° O U - c.) Caa`g0'Uwauaio wUc� H .-5. guwaaU 0) . 0 aI 0 U • U a) • O i�. .b a) a) •0 Q� ..O N = bA •3 o U b oA r• ri U ▪ O -0 a � N • F" E • � g a) o cn 0 • 3E s toU o � 40 CU N 011 M h 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. 10 EXECUTION BY THE USDOT Executed this 29th day of July ,2022_. Si of US uthorized Representative � t Ralp J.Rizzo Title: Division Administrator 11 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 27 rAl day of ,��y ,2022_. Zi,°4 Sig ture of Recipient's Authorized Representative John Hohman Name of Recipient's Authorized Representative City of Spokane Valley City Manager Title 12 EXECUTION BY STATE DEPARTMENT OF TRANSPORTATION By signature below, the Recipient acknowledges that it accepts and agrees to be bound by this agreement. Executed this 29th day of July ,2022_. tgnature of State Department of Transportation Designated Official Representative Jay Drye Name of State Department of Transportation Designated Official Representative WSDOT Local Programs,Director Title 13