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HomeMy WebLinkAbout24-094.02YellowstonePipelineCompanyPinesRdBNSFGradeSeparationProjectCONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND YELLOWSTONE PIPELINE COMPANY Spokane Valley Contract #2_4�_-0`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. Back rg ound. The City is responsible for the costs of the relocation of YPL's 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 $1,331,304.00 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. Amendment #1 reflected an increase of $84,058.92 for the original Work per the plans and specification in Exhibit A. The City's ground disturbing activities as part of the Pines Road/BSNF Grade Separation Project are scheduled to begin in 2025. The ground disturbing activities must be monitored to ensure safety of YPL's pipeline during construction as part of YPL's overall relocation efforts to accommodate the City's project. YPL personnel will provide construction monitoring services accordingly. 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.Oriainal 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 History: This is Amendment #2 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 $1,464,434.40 Amendment #I September , 2025 $84,058.92 Amendment #2 to be executed $69 000.00 Total Amended Compensation $1,617,493.32 The parties have executed this Amendment to the Original Contract this day of Dom' 2025. CITY OF SPOKANE VALLEY: YELLOWSTONE PIPELINE COMPANY: John Hohman City Manager APPROVED AS TO FARM: OfficeXthe City By: Chad M. Polak, Attorney -in -Fact Its: Authorized Representative APPENDIX "A" 1. In addition to the work contemplated by Exhibit A, Plans & Specifications, of the Original Contract, Utility shall complete the construction monitoring services as described in Exhibit A-2, which is attached hereto and incorporated herein by this reference. 2. In consideration for the additional work described in Exhibit A-2, the City agrees to increase the total compensation amount by $7,500 per week plus 15% Company Overhead for 8 weeks, for a total increase of up to $69,000. Therefore, the City agrees to pay up to $1,617,493.32 as full compensation for everything furnished and done under this contract, in accordance with the provisions outlined in the scope of work, as previously and/or presently amended. YPL shall not conduct further work for which it will seek compensation without formal amendment to the Original Contract as amended herein or hereafter. The City is a Recipient of Grant Funds from the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program, Agreement Number 69A365254201 IORASWA; and the Surface Transportation Block Grant (STBG) and Congestion Mitigation and Air Quality (CMAQ) programs, Agreement Number 69A36524420020RLDWA, which are hereby incorporated into the Original Contract. Utility accepts by incorporation all relevant tenns of said Grant Agreements and specifically, Utility accepts and incorporates the addition of award term B.5 of the CMAQ and STBG Grant Agreements into Exhibit C of the Original Contract. \ oP -'% '•. •, ` P 219-ZL35 PT 136.5a Ln END TAPERy \ „�=z, �P- �oP- . '• , P 219+9623 PCCN,37.50'LT) =�� -'-x �x-_x_.X _x�x._x_x-x _...�_-` ., m Op _ ± a►_ _ - x�x- X iJy 2x�/ P 219+89.92 PC (9.50' RT) \ `�-t=� . -� W6e \'/ P 218+23.10 (56.50'LT)--�� _ t��,x`.�-x \ a FRAIL ROAD OF WAY P 220+3292 PCC (36.09'LT)RIGNT \ •• •�gf.. .. .._.1___ ..___.�._ ...... . __•__ .........: •LIVE _ . ',• 1 P 277.29.00 PC 31.ODL ° •-'""• � ( 1) i .._... - `__ . .....- BEGIN TAPER .__._.`.._..�+-�• � - \ _ "-- - ---�- - -_ -_' \ _'- '�'0 P 33'L .34 PCC , 433.E ••• �' •, 1\ 35:1 TAPER.-$\__..1_____1 3032' R.194' •,. Q4 y1. oa\ 2.T220t-05.62 PC ♦ `♦� rw o 6 ° P 218+91.88 PCC (8.64' LT) - _ _ , \ (5.56 RT) .�♦ \♦ 217 ?n w P-LINE PINES ROAD 218 5 \ `; 6 '29.6' R-29! 27 \ =736' \9` \\ R=177' P 220+60.34 PCC x LINE. S --�- c -- 3sa TAPER \\ \(35.27'R7) SEL TION 1- 7. PIPELINE. SEE X --x ° `�t \ P 221+52.96 PCC ° SECTION 1-07.17 FOR PHILIPS x o q+ \\ -x\(35.45'RT) R OBSERVATION PERSONNEL ----x. ...c -x---x \ x �\`k o REQUIREMENTS. a P 220+16. PC \\ �+ R-266 / a° P 218+91.84 PCC (7.54' RT) -' / "- ° � \ (35.44-FIT) P 217+29.00 PC (31.001RT) BEGIN TAPER \ $ NIL \ It 222+22.55 qBC P 219-22.36 PT (35.5GRT) / 4' \ � 4O/ Q' (llg.4 KT ,/ + END TAPER ! N9 P 221+26.83 PCC (32.64'LT) P 222+91.45 PT (26.76'LT) BNSF VA\ 1 \ p�( dO \t y co d° SEE SHEET SI2 ` , eo y�p + ;• FOR TRAFFIC ISLAND DETAIL. \\\ \ "O' / \+ , \ \♦` 0. R, `�.�� P 222+75.04CC A (2&55'RT) i. 4, SPRINT (COGENT) FIBER CABLE. \\\ R-1064 i :!\ SEE SECTION 1.07.17 FOR SPRINT \'�. \+ m`P *•, CONTRACTOR ACCESS TO RELOCATE CABLE ONTO BNSF BRIDGE. v 0 \R+ P 223+95.45\PT \\ (25.09 RT) +\ + NZS t PJ7. MP P \\ 4 NOTES; l 1. SEE SHEET PV1 FOR LEGEND 1��4 0 25 50 SCALE IN FEET FILE NAME C: M71°2172)711PINE5 PS PV OOS.tl n PNtt 1 TIME t2N1:H PM "�" "•" a FED.AID PROJ.NO. 0027(020) w+ox }s s .+ sold m L' SR290/SR27 PVSb I DATE Nyzo2s PLOTTED BY EMCGUIRE 10 AS DESIGNED BY B KIRKMAN 36525STPU 69A)6525/20110RASWA ��alley' PINES RD BNSF GRADE SEPARATION ENTERED BY E MCGUIRE CHECKED FREY caxrv.�.� 69A36524420020RLDWA ro. ,.. a,, tp,,• <� ■ �� SPOKANE COUNTY - MP 8.43 104 BY J 8 MARBIUILL 05;022025 r 21B re PAVING PLAN wn, REGIONAL ADM. REGIONAL A REVISION DATE BY � �yur tr