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Resolution - 2018 - 18-18 - Addendum To State/Local Agreement A013(916) Dry Creek - 06/12/2018RESOLUTION 18-18 WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Addendum to the Agreement stating obligations of the STATE and the CITY OF EAGLE, hereafter called the CITY, for construction of Dry Creek Trail; and WHEREAS, the State is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal -aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the State involve the expenditure of funds as set forth in the Agreement; and and WHEREAS, The State can only pay for work associated with the State Highway system; WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: 1. That the Addendum to the Agreement for Federal Aid Highway Project A013 (916) and is hereby approved and attached hereto as "Exhibit A". 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called meeting of the City Council, City of Eagle, held on June 12, 2018. (Seal) Stan Ridgeway, M City Clerk or Page 1 of 1 k:\council\resolutions\draft resolutions\t8-18 addendum to state & local agreement - dry creek trail construction.docx Exhibit "A" ADDENDUM TO STATE/LOCAL AGREEMENT (CONSTRUCTION) PROJECT NO. A013(916) DRY CREEK TRAIL, EAGLE ADA COUNTY KEY NO. 13916 PARTIES This Addendum is made and entered into this day of , by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the State and the CITY OF EAGLE, acting by and through its Mayor and Council, hereafter called the Sponsor. PURPOSE This Addendum will modify the State/Local Agreement (Construction) entered into on the 17th day of February, 2017, (hereinafter "Agreement") between the same parties. The parties agree to the following revisions: A. Section 11 of the Agreement will be amended by revising Paragraph 8 to read as follows: 8. During design and construction of the project, be responsible for payment of all invoices for work performed on the project. The Sponsor will provide monthly invoices, and proof of payment of same, to the State for reimbursement of the federal -aid share. B. Section I11 of the Agreement will be amended by revising Paragraph 5 to read as follows: 5. Upon receipt of monthly invoices from the Sponsor, submit same to the Federal Highway Administration for reimbursement at the federal -aid participation rate of 92.66%, C. All other terms and conditions previously agreed to and set forth in the Agreement shall remain in full force and effect. Addendum to State!Local Agreement Dry Creek Trail, Eagle Key No. 13916 Page 1 EXECUTION This Addendum is executed for the State by the Engineering Services Division Administrator, and executed for the Sponsor by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the City of Eagle. IDAHO TRANSPORTATION DEPARTMENT Approved by: Engineering Services Division Administrator Recommended by: District Engineer ATTEST: CITY OF EAGLE c"--4—c-c--k al/rAAlm.4-1 5.<----; City Clerk Mayor EP.GL,F (SEAL) ,c; e° C •;�` I. I. u: o .- Zv �F'tiS'0LE' By regular¢ c441 c eai :,pir: on &-/2-/ '•....•• F �1,, c,' 'liTATE ��.,,,, '•,......ts.. hm:13916 SLAConst Addendum.docx Addendum to State/Local Agreement Dry Creek Trail, Eagle Key No. 13916 Page 2 Ellen Smith From: Nichoel Baird Sent: Tuesday, October 23, 2018 10:55 AM To: Ellen Smith Subject: FW: [EXTERNAL] Signed agreement Now what? From: Tom Haynes <Tom.Haynes@itd.idaho.gov> Sent: Tuesday, October 23, 2018 9:56 AM To: Nichoel Baird <nbaird@cityofeagle.org>; Aaron Bauges <Aaron.Bauges@itd.idaho.gov> Subject: Re: [EXTERNAL] Signed agreement Nichoel, After going through all the work of getting this addendum developed and signed I was told here that this was not needed and could not get it signed. Tom Haynes Permits Engineer, D3 Traffic 208 334-8944 From: Nichoel Baird <nbairdPcitvofeagle.orQ> Sent: Monday, October 22, 2018 2:09:08 PM To: Tom Haynes; Aaron Bauges Subject: [EXTERNAL] Signed agreement --- This email is from an external sender. Be cautious and DO NOT open links or attachments if the sender is unknown. --- Hi Tom & Aaron The City clerk is looking for an signed copy of the addendum to the State and local agreement for Dry Creek trail that was approved in June. Can you please send me a copy of the execution page from the state? Thanks! Nichoel Baird Spencer, MCRP, AICP Planner III 208-939-0227 nbaird@ctvofeale.or, \\'ww.citvofea;;lc.org 1 2