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(Mn/DOT Agreement No. 90473) <br />K:\435\43506119\Word\Work_In_Progress\Federal Participation Agreement\Revisions per City Attorney\MnDOT_Agency_Agreement - Revised version <br />for Approval 1-19-09.DOC 2/5/00 Page 1 <br />Mn/DOT Agreement No. 90473 <br />STATE OF MINNESOTA AGENCY AGREEMENT <br />BETWEEN <br />DEPARTMENT OF TRANSPORTATION <br />AND <br />CITY OF MOUNDS VIEW <br />FOR FEDERAL PARTICIPATION IN CONSTRUCTION <br />This agreement is entered into by and between the City of Mounds View (“City”) and the <br />State of Minnesota acting through its Commissioner of Transportation (“Mn/DOT”), <br />Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the City’s <br />agent in accepting federal funds on the City’s behalf for the construction, improvement, or <br />enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred <br />to as the “Project(s)”; and <br />Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement. <br />THE PARTIES AGREE AS FOLLOWS: <br />I.DUTIES OF THE CITY. <br />A.DESIGNATION. The City designates Mn/DOT to act as its agent in accepting <br />federal funds in its behalf made available for the Project(s). <br />B.STAFFING. <br />1. The City 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 <br />direct the work to be performed under any construction contract let for the <br />Project(s). In the alternative where the City elects to use a private consultant for <br />construction engineering services, the City will provide a qualified, full-time public <br />employee of the City, to be in responsible charge of the Project(s). The services of <br />the City to be performed hereunder may not be assigned, sublet, or transferred <br />unless the City is notified in writing by Mn/DOT that such action is permitted <br />under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will <br />in no way relieve the City from its primary responsibility for performance of the <br />work. <br />2.During the progress of the work on the Project(s), the City authorizes its Project <br />Engineer to request in writing specific engineering and/or technical services from