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MnDOT Contract No. 1052149 <br />�DEPARTMENT OF <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 City of Elk River ("Local Government") and the State of Minnesota acting <br />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 Assistance Listing Number (ALN) is 20.205, 20.224, 20.933 or another Department of Transportation <br />ALN as listed on SAM.gov and <br />2.2. This project is for construction, not research and development. <br />2.3. MnDOT requires that the terms and conditions of this agency be set forth in an agreement. <br />AGREEMENT TERMS <br />1. Term of Agreement; Prior Agreement <br />1.1. Effective Date. This Agreement will be effective on the date that MnDOT obtains all required signatures <br />under Minn. Stat. §16C.05, Subd. 2. This Agreement will remain effective until it is superseded or <br />terminated pursuant to section 14. <br />1.2. Prior Agreement. This Agreement supersedes the prior agreement between the parties, MnDOT Contract <br />Number 1029944. <br />2. Local Government's Duties <br />2.1. Designation. The Local Government designates MnDOT to act as its agent in accepting federal funds on 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 and 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 />Updated November 7, 2022 <br />