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MnDOT Contract No. 1029944 <br />b1V%1 DEPARTMENT OF AGREEMENT 2017-34 <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 />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 ("FH WA") federal funds, hereinafter referred to as the "Project(s)"; and <br />2. This agreement is intended to coverall 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 />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 <br />