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~ Mn/DOT Agreement No. 93359 <br />STATE OF MINNESOTA AGENCY AGREEMENT <br />BETWEEN <br />DEPARTMENT OF TRANSPORTATION <br />AND <br />CITY OF ELK RIVER <br />FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION <br />FOR <br />S.P. 204-104-07; M.P. STPX7109(112) <br />This agreement is entered into by and between City of Elk River ("City") and the State of <br />Minnesota acting through its Commissioner of Transportation ("Mn/DOT"), <br />Agency Agreement No. 84231 which has been executed between the City and Mn/DOT, <br />appoints Mn/DOT as the City's agent to receive and disburse transportation related federal <br />funds, and sets forth duties and responsibilities for letting, payment, and other procedures for a <br />federally funded contract let by the City; and <br />Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the <br />City's agent to accept and disburse federal funds for the construction, improvement, or <br />enhancement of transportation financed in whole or in part by federal funds; and <br />The City is proposing a federal aid project to reconstruct Municipal State Aid Street <br />104 from County State Aid Highway 13 to Trunk Highway 169, hereinafter referred to as the <br />"Project"; and <br />The Project has been determined to be eligible for the expenditure of federal aid funds <br />and is programmed in the approved federally approved STIP for the fiscal year 2009; and the <br />project is identified in Mn/DOT records as State Project 204-104-07, and in Federal Highway <br />Administration ("FHWA") records as Minnesota Project STPX7109(112); and <br />The City desires to proceed with the construction of the project in advance of the year it is <br />programmed for the federal funds; and <br />It is permissible under Federal Highway Administration procedures to perform advance <br />construction of eligible prof ects with non-federal funds, with the intent to request federal funding <br />for the federally eligible costs in a subsequent federal fiscal year, if sufficient funding and <br />obligation authority are available; and <br />The City desires to temporarily provide City State Aid and/or other local funds in lieu <br />of the federal funds so that the project may proceed prior to the fiscal year designated in the <br />(Mn/DOT Agreement No. 93359) <br />C:\Documents and Settings\tmaurer\Local Settings\Temporary Internet Files\OLK78\204-104-007BaseACAgreementDifferentFiscalYear09.doc <br />2/6/04Page 1 <br />