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Home My WebLink AboutAgreement Amended - Washington State - Downtown Stormwater Treatment Project Amendment No 1 to Agreement WQC-2022-MaryPW-00147AMENDMENT NO. 1 TO AGREEMENT NO. WQC-2022-MaryPW-00147 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND City of Marysville PURPOSE: To amend the above-referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and City of Marysville (RECIPIENT) for the Phase II Downtown Stormwater Treatment Construction (PROJECT). This amendment is needed to extend the expiration date of the AGREEMENT from 6/30/2023 to 6/30/2024 and to shift funds between the task budgets. The PROJECT experienced delays as a result of COVID-19 emergency response and conflicts with procuring materials. This one-year time extension will allow the RECIPIENT to complete construction and close out deliverables. Additionally, this amendment is needed to reduce the budget of Task 4: Construction Management by $786,263.15 and to increase the budget of Task 5: Construction by $786,263.15. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 06/30/2023 Amended: 06/30/2024 CHANGES TO THE BUDGET Funding Distribution EG220266 Funding Title:SFAP Title:SFAP - SFY22 Type:State 100% Model Toxics Control Capital Account(MTCCA) Stormwater Funding Source %: Description: FDFund: Funding Effective Date: Funding Source: Funding Expiration Date:07/01/2021 06/30/2024 Funding Type:Grant Template Version 10/30/2015 DocuSign Envelope ID: 293BE59E-6103-4678-8312-AC7743839C94 Page 2 of 6State of Washington Department of Ecology City of Marysville Phase II Downtown Stormwater Treatment Construction Project Agreement No. WQC-2022-MaryPW-00147 Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect: 30% 25% No No No SFAP Task Total Grant and Loan Administration $5,000.00 Cultural and Environmental Reviews, and Permitting $75,000.00 Design Plans and Specifications $0.00 Construction Management $144,736.85 Construction $3,279,789.82 Project Close Out $12,000.00 Total: 3,516,526.67$ CHANGES TO SCOPE OF WORK Task Number:4 Task Cost: $144,736.85 Task Title:Construction Management Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A.The RECIPIENT will provide construction oversight and management of the project. B.The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. C.The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend. Template Version 10/30/2015 DocuSign Envelope ID: 293BE59E-6103-4678-8312-AC7743839C94 Page 3 of 6State of Washington Department of Ecology City of Marysville Phase II Downtown Stormwater Treatment Construction Project Agreement No. WQC-2022-MaryPW-00147 D.The RECIPIENT will submit an updated project schedule and cost estimate prior to the start of construction and whenever major changes occur. E.Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY-accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with accepted plans. Deliverables Due DateDescriptionNumber 4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 4.2 Pre-construction conference meeting minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Project Schedule. Upload to EAGL and notify ECOLOGY when upload is complete. 4.4 Revised construction cost estimates when changes in construction schedule occur. Upload to EAGL and notify ECOLOGY when upload is complete. 4.5 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. CHANGES TO SCOPE OF WORK Task Number:5 Task Cost: $3,279,789.82 Task Title:Construction Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. Template Version 10/30/2015 DocuSign Envelope ID: 293BE59E-6103-4678-8312-AC7743839C94 Page 4 of 6State of Washington Department of Ecology City of Marysville Phase II Downtown Stormwater Treatment Construction Project Agreement No. WQC-2022-MaryPW-00147 A.The RECIPIENT will complete construction of the project in accordance with ECOLOGY-accepted plans and specifications. The construction project will include installation of a TAPE GULD system to mitigate runoff from approximately 35 acres of pollution-generating impervious surfaces within a 460 acre basin. The RECIPIENT may combine the bid and construction for Phase II with the construction under the Phase I agreement. The RECIPIENT is responsible for tracking construction costs requested by the contractor and billing them to the appropriate grant, as detailed in the design plans. B.Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. Task Goal Statement: Construction of the project in accordance with ECOLOGY-accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in total suspended solids (TSS), oil (total petroleum hydrocarbons), dissolved copper, dissolved zinc, and total phosphorus. Deliverables Due DateDescriptionNumber 5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 5.2 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 10/30/2015 DocuSign Envelope ID: 293BE59E-6103-4678-8312-AC7743839C94 Page 5 of 6State of Washington Department of Ecology City of Marysville Phase II Downtown Stormwater Treatment Construction Project Agreement No. WQC-2022-MaryPW-00147 Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match %Recipient Share Ecology Share Total SFAP 25 %$$$879,131.67 2,637,395.00 3,516,526.67 Total 879,131.67 2,637,395.00 3,516,526.67$$$ Template Version 10/30/2015 DocuSign Envelope ID: 293BE59E-6103-4678-8312-AC7743839C94 Page 6 of 6State of Washington Department of Ecology City of Marysville Phase II Downtown Stormwater Treatment Construction Project Agreement No. WQC-2022-MaryPW-00147 Washington State Department of Ecology Date Date Water Quality Vincent McGowan, P.E.Jeff Laycock Jon Nehring Mayor Date City of Marysville AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 06/22/2023. IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Public Works Director By:By: Program Manager Template Approved to Form by Attorney General's Office Template Version 10/30/2015 DocuSign Envelope ID: 293BE59E-6103-4678-8312-AC7743839C94 9/14/2023 9/13/2023 9/14/2023