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HomeMy WebLinkAbout24-094.01YellowstonePipelineCompanyPinesRdBNSFGradeSeparationProjectCONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND YELLOWSTONE PIPELINE COMPANY Spokane Valley Contract #24w -C I For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Yellowstone Pipeline Company "YPL" mutually agree as follows: 1. Purpose: This Amendment is for the Contract for Yellowstone Pipeline Company relocating, constructing, and/or removing their facilities for the Pines Road/ BNSF Grade Separation project by and between the Parties, executed by the Parties on April 19th, 2024. Said contract is referred to as the "'Original Contract" and its terms are hereby incorporated by reference. 2. Background. The City is responsible for the costs of the relocation of YPUs facilities because the particular facilities requiring relocation are located on property for which YPL has an ownership interest. The Original Contract provided for compensation of 51,331,304.00 plus an additional allowed overage of 10% for unknown costs. The Original Contract required any costs exceeding the 10% overage be reduced to writing and formal amendment. 3.Amendment Provisions: The Original Contract is subject to the amended provisions, which are attached hereto as Appendix "A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. 4. Orii�dnal Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 5. Compensation Amendment Histo►y: This is Amendment 91 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount (w/10%allowed overage) April 19"', 2024 S1,464,434.40 Amendment # 1 September . 2025 584.058.92 Total Amended Compensation S1,548,493.32 The parties have executed this Amendment to the Original Contract this 17th day of September , 2025. CITY OF SPOKANE VALLEY: Jol n Hohman City Manager APPR VED 70 ffi of the Cit Attorney YELLOWSTONE PIPELINE COMPANY: By: lad M. Polak, Attorney -in -Fact Its: Authorized Representative APPENDIX "A" The Cost Estimate, "Exhibit B" of the Original Contract, is hereby replaced by the Cost Summary attached hereto and incorporated herein. Pursuant to the attached Cost Summary, and as described in section 4 of this Amendment #1, the City agrees to increase the total compensation amount by $84,058.92. Therefore, the City agrees to pay up to $1,548,493.32 as full compensation for everything furnished and done under this contract, in accordance with the provisions outlined in the scope of work, as previously and/or presently amended. YPL shall not conduct further work for which it will seek compensation without formal amendment to the Original Contract as amended herein or hereafter. 2 Yellowstone Pipe Line Company COSTSUMMARY M P P.00896 YPL Pines Road Relocation 60301000 Contract Services - Maintenance Material 60400000 Materials & Supplies 61001000 Contract Services - General 68000000 Travel, Meals & Entertain -Part Deduct 68000100 Travel, Meals & Entertainment -Deductible 68001500 Certif/License/Permits/Fees/Regulaty Exp 68001800 Postage and Shipping 68001900 Freight 68002300 Memberships & Dues 90101500 Activity Postings - Salaried Total Project Costs Post check to: Overhead 15% LESS: Wilson & Company Refund LESS: Payment #1 Total Project Spend 1100.0% Reimbursement $ 45,460.60 $ 45,460.60 $ 59,748.10 $ 59,748.10 $ 1,056,625.43 $ 1,056,625.43 $ 2,227.89 $ 2,227,89 $ 16,097.72 $ 16,097.72 $ 121,064.87 $ 121,064.87 $ 523.52 $ 523.52 $ 6,912.70 $ 6,912.70 $ 25.00 $ 25.00 $ 44,168.86 $ 44,168.86 $ 1,352,854.69 $ 1,352,854.69 Company Code 8004 Cost Element (GL) 12207000 Profit Center 7040000002 Assignment Field MPP.00896 Approved by: " F9cet'ic:.y Carla McClain - FAA Analyst Reviewed by: 'GF d�Z Joi F Chad Polak - RES Agent 202,928.20 (7,289.57) (1,464,434.40)