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MnDOT Contract No. 1029944 <br /> DEPARTMENT OF AGREEMENT 2017-34 <br /> TRANSPORTATION <br /> STATE OF MINNESOTA <br /> AGENCY AGREEMENT <br /> for <br /> FEDERAL PARTICIPATION IN CONSTRUCTION <br /> This agreement is entered into by and between the City of Elk River ("Local Government") and the State of Minnesota <br /> acting through its Commissioner of Transportation ("MnDOT"). <br /> RECITALS <br /> 1. Pursuant to Minnesota Statutes Section 161.36,the Local Government desires MnDOT to act as the Local <br /> Government's agent in accepting federal funds on the Local Government's behalf for the construction, <br /> improvement, or enhancement of transportation financed either in whole or in part by Federal Highway <br /> Administration ("FHWA") federal funds, hereinafter referred to as the "Project(s)"; and <br /> 2. This agreement is intended to cover all federal aid projects initiated by the Local Government and therefore has <br /> no specific State Project number associated with it, and <br /> 2.1. The Catalog of Federal Domestic Assistance number or CFDA number is 20.205, and <br /> 2.2. This agreement supersedes agreement number old (99951) <br /> 2.3. This project is for construction not research and development. <br /> 2.4. MnDOT requires that the terms and conditions of this agency be set forth in an agreement. <br /> AGREEMENT TERMS <br /> 1. Term of Agreement <br /> 1.1. Effective Date. This agreement will be effective on the date the MnDOT obtains all required signatures <br /> under Minn. Stat. §16C.05, Subd. 2. Upon the effective date, this agreement will supersede agreement <br /> 99951. <br /> 2. Local Government's Duties <br /> 2.1. Designation. The Local Government designates MnDOT to act as its agent in accepting federal funds in its <br /> behalf made available for the Project(s). Details on the required processes and procedures are available on <br /> the State Aid Website <br /> 2.2. Staffing. <br /> 2.2.1.The Local Government will furnish and assign a publicly employed licensed engineer, ("Project <br /> Engineer"),to be in responsible charge of the Project(s) and to supervise and direct the work to be <br /> performed under any construction contract let for the Project(s). In the alternative where the Local <br /> Government elects to use a private consultant for construction engineering services,the Local <br /> Government will provide a qualified, full-time public employee of the Local Government, to be in <br /> responsible charge of the Project(s). The services of the Local Government to be performed hereunder <br /> may not be assigned, sublet, or transferred unless the Local Government is notified in writing by <br /> MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This <br /> written consent will in no way relieve the Local Government from its primary responsibility for <br /> performance of the work. <br /> Updated December 1, 2017 1 <br />