4.5. SR 06-21-1999
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Item #4.5. a-c
MEMORANDUM
RiverTO:
Mayor & City Council
FROM:
Pat Klaers, City Administrator
DATE:
June 21, 1999
SUBJECT: East Elk River Project Update
City Engineer Terry Maurer will be in attendance to review this agenda item
with the City Council.
The first item for consideration is the MnDOT Agreement that allows the city
to spend federal money on right-of-way acquisition for the street project in
east Elk River (Tyler Street). The second item for consideration is the
MnDOT Agreement that allows the city to spend federal funds on the
railroad crossing at 171st Avenue.
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The third item is a general update on construction activities. Hopefully an
update will be made on the status of the County Road 12 improvement
project. This project needs to be coordinated with the improvement of 175th
Avenue so that both streets are not under construction at the same time.
Additionally, as noted to the City Council last week, the closing for the Eull
easement is Tuesday, June 22, the purchase of the Kirkeide property is
scheduled for Wednesday, June 23, and the purchase of the Brown property is
scheduled for Thursday, June 24.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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Howard R, Green Company
CONSULTING ENGINEERS
June 7,1999
File: 800110j-0601
Mr. Pat Klaers
City Administrator
City of Elk River
P.O. Box 490
Elk River, Minnesota 55330
RE: MN/DOT AGREEMENT FOR LAND ACQUISITON
EAST ELK RIVER
Dear Mr. Klaers:
Attached is the agreement that Mn/DOT has prepared to allow the City to spend federal money
for right-of-way/land acquisition on the East Elk River project. In reviewing this agreement we
have noted a few typographical errors which we have referred back to Mn/DOT. They are
currently working on revising the agreement. However, the typographical errors do not change
the intent of the agreement so I am presenting them to you for City Council action.
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The agreement estimates that the City will expend up to $700,000 on right-of-way acquisition. I
believe this is in line with the costs Evergreen Land Services have estimated for the Brown
property together with the negotiated values on the other three properties. 80% of the estimated
$700,000 is eligible for federal reimbursement. The City would pay 20%. The City may request
reimbursement once they have expended the dollars to acquire the land. The agreement states
that until the project goes through a final audit only 95% of payment requests will be released
with the other 5% being retained by Mn/DOT. The agreement states that I am the City's
authorized representative for these issues.
Based on my review, I would recommend City Council approval of this document and
authorization for the Mayor and the City Administrator to execute it once Mn/DOT has corrected
the typographical errors. If you have any questions regarding this document please call.
Sincerely,
Howard R. Green Company
~~
Terry J. M~urer, P.E.
T JM:kbk
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0:\PROJ\80011 OJ\0601\11 0-0702.jun99.doc
1326 Energy Park Drive. St. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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Mn/DOT Agreement No. 79058
STATE OF MINNESOTA
AGENCY AGREEMENT NO. 79058
WITH THE CITY OF ELK RIVER
FOR FEDERAL PARTICIPATION IN RIGHT-OF-WAY/LAND ACQUISITION
FOR
S.P. 204-133-01, M.P. HPPMN51 (001)
Accounting Information:
Agency: T-79
I Fiscal Year: 99
Total Encumbered Amount: $700,000.00
MAPS Contract Number:
MAPS Order Number:
MnJDOT Budget Office:
MAPS Entry -- Sign and Date
(Individual signing certifies that funds have been
encumbered as required by Minn. Stat. ~ 16A.15.)
(Authorized Signature)
This agreement made and entered into by and between City of Elk River, hereinafter referred
to as the "City", and the Commissioner of Transportation of the State of Minnesota, hereinafter
referred to as "Mn/DOT",
WHEREAS, the City is proposing a federal aid project to construct Tyler Street from 171 sl
Avenue NE to CSAH 12, hereinafterreferred to as the "Project"; and
WHEREAS, the Project has been determined to be eligible for the expenditure of federal aid
funds, and the Proj ect is identified in Mn/DOT records as S. P. 204-133-01, and in Federal Highway
Administration records as Minnesota Project HPPMN51 (001); and
WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act
as its agent in accepting federal aid on the City's behalf for right-of-way acquisition costs in
connection with said Project.
N :\FedAidl YvonnelAgreementsl 79058.AGR. wpd
(Mn/DOT Agreement No.79058)
Page 1
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NOW, THEREFORE, it is mutually agreed as follows:
I. DUTIES OF THE City
A. APPOINTMENT. That pursuant to Minnesota Statutes Section 161.36, the City does
hereby appoint Mn/DOT its agent with respect to the receipt of all federal aid funds
made available for real property right-of-way/land acquisition (hereinafter
"Acquisition") costs under SP 204-133-01, MP HPPMN51 (001).
B. ELIGIBILITY/COSTS. The estimated cost and expense of the Acquisition is
$ 700,000.00.
1. It is anticipated that 80.0% (up to $ 560,000.00) of the eligible cost of the
Acquisition is to be paid from federal aid funds made available by the Federal
Highway Administration, and that the remaining 20.0% shall be paid by the
City.
2. Any costs incurred by the City prior to federal authorization, as described in
section II.B., will not be eligible for federal participation.
3.
The reasonable cost and expense of the Acquisition may be eligible for
federal aid participation, and if approved, may consist of the purchase price,
appraisal fees incurred by the City, appraisal fees incurred by the property
owner ($500 maximum), condemnation costs, title work, title insurance,
recording fees, and closing costs. A credit will be required for any building
sales or rental income.
4. Expenditures for property taxes, environmental analysis, direct labor,
equipment, materials, maintenance, general administration, supervision,
overhead, and other incidental expenses incurred by the City for the
Acquisition shall not be eligible for federal participation.
5. The City shall pay any part of the cost or expense of the work that the
Federal Highway Administration does not pay;
6. For costs expected to exceed $700,000.00, the City shall request the
preparation and execution of a supplement to this agreement, prior to
incurring such costs.
C. SUPERVISION.
1.
The City shall furnish and assign a qualified employee .of the City
(hereinafter "Project Manager") to be responsible for the Acquisition and
to supervise and direct the work to be performed for this Acquisition under
this agreement, on behalf of MnlDOT.
N:\FedAidl YvonnelAgreements\79058.AGR. wpd
(Mn/DOT Agreement No.79058)
Page 2
2. The City shall furnish such other personnel, services, supplies, and
. equipment as shall be necessary in order to properly supervise, perform,
inspect, and document the work for the Acquisition.
D. REQUEST FOR PAYMENT.
1. Partial payments may be requested by the City not more than once each
thirty (30) days.
2. The City shall submit to MnlDOT's District State Aid Engineer one
original itemized invoice and supporting documentation, for eligible
expenses incurred during that period.
3. The invoice and supplements thereto shall include detail for right-of-way
acquisition expenditures, which shall include a right-of-way map or plan
showing the right-of-way authorized and actually acquired including parcel
identification numbers, area acquired, property lines of the area acquired,
and any other pertinent data affecting the cost of right-of-way such as
structures, improvements and fences as well as a statement of cost showing:
a. Parcel number;
b. Cost of parcel;
c. Cost of excess land, if any, acquired from same ownership;
. 4. The invoice shall include 100 % of eligible charges applicable to the
Acquisition so that the prorate share of Federal and City costs can be
applied to the total costs.
5. Reimbursement of costs under this agreement will be based on actual costs.
E. LIMITATIONS. The City shall comply with all Federal, State and local laws,
together with all ordinances and regulations applicable to the work
1. The Acquisition shall be in accordance with the approved plan for the
Acquisition which shall be on file at MnlDOT. The plan is a part of this
agreement by reference as though fully set forth herein. Major changes in the
scope, character or estimated total cost of the work from the initial
authorization must have prior concurrence from MnlDOT and the Federal
Highway Administration.
2. All acquisition activities and procedures shall be in accordance with the
Uniform Relocation and Real Property Acquisition Act of 1970 as amended,
and 49 Code of Federal Regulations, Part 24 Uniform Relocation and Real
Property Acquisition for Federal and Federally Assisted programs.
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(Mn/DOT Agreement No.79058)
Page 3
N:\FedAidl YvonnelAgreements\79058.AGR. wpd
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3.
During the performance of this agreement, the City, for itself, its assignees
and successors in interest, shall comply with Title VI of the Civil Rights Act
of 1964, as amended. Accordingly, 49 C.F.R. 21 through Appendix H and
23 C.F.R. 710.405 (b) are made a part hereof by reference with the same
force and effect as though fully set forth herein.
F. RECORDS.
1. The City shall perform work and shall maintain an accurate cost keeping
system as to all costs incurred in connection with the Acquisition, so as to
enable Mn/DOT to collect the federal aid sought by the City.
2. The City shall produce for examination all books, records, bills, invoices,
vouchers, receipts, correspondence, instruction, memoranda, of every
description pertaining to the work hereunder, or certified copies thereof if
originals be lost, at such reasonable time and place as may be designated by
MnlDOT or the Federal Highway Administration, or duly authorized
representatives, and shall permit extracts and copies thereof to be made.
G. CLAIMS. The City shall pay any and all lawful claims or demands of any kind or
nature whatsoever arising out of or incidental to the performance ofthe Acquisition
work, in the event that the federal government does not pay the same. In all events,
the City shall hold MnlDOT harmless from any claims arising out ofthis agreement.
H.
AUDIT.
1. The City shall comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133, and shall be responsible for
any costs associated with the performance ofthe audit.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5 (1998),
all books, records, documents and accounting procedures and practices ofthe
City are subject to examination by the United States Government, Mn/DOT,
and either the legislative auditor or the state auditor as appropriate, for a
minimum of six years.
I. OWNERSHIP/MAINTENANCE.
1. The City shall assume full responsibility for the maintenance and operation
of any real property acquired under this agreement.
2. The City shall neither sell nor allow a change in the use ofthe right-of-way
acquired under this agreement, without prior approval of Mn/DOT and the
Federal Highway Administration.
N:\FedAid\ YvonnelAgreements\ 79058.AGR. wpd
(Mn/DOT Agreement No.79058)
Page 4
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J.
SUBLETTING. The services of the City to be performed hereunder shall not be
assigned, sublet or transferred unless written authority to do so is granted by
MnlDOT. This written consent shall in no way relieve the City from its primary
responsibility for performance of the work. Subcontractor agreements shall contain
all appropriate terms and conditions of this agreement.
II. DUTIES ofMnlDOT.
A. ACCEPTANCE. MnlDOT accepts appointment as Agent of the City and shall act
in accordance herewith.
B. AUTHORIZATION. MnlDOT shall make the necessary requests along with any
required supporting data to the Federal Highway Administration for authorization of
federal participation in the Acquisition costs and reimbursements therefor under the
terms of this agreement
c. PAYMENT. After review and approval of the City payment request by MnlDOT,
MnlDOT shall reimburse the City for the eligible federal share of the Acquisition
work.
1. Five percent of each payment shall be retained by MnlDOT. Retainage will
be released following completion of the final audit.
2.
The City shall not be reimbursed for an expense incurred for work found to
be unsatisfactory or performed in violation of federal and state laws and
regulations.
3. Final payment shall be due upon completion ofthe final audit and approval
by MnlDOT's authorized representative.
4. MnlDOT shall make the necessary requests for reimbursement ofthe federal
aid funds for the Acquisition from the Federal Highway Administration.
D. INSPECTION. MnlDOT, the Federal Highway Administration, or duly authorized
representatives shall have the right to audit, evaluate and monitor the work performed
under this agreement, and shall have access to all books, records, and documents
pertaining to the work hereunder, for a minimum of six years.
III. AUTHORIZED REPRESENTATIVES. Each authorized representative shall have
responsibility to insure that all payments due to the other party are paid pursuant to the
terms of this agreement.
A.
The City's authorized representative for the purposes of administration of this
agreement is Terry J. Maurer, Elk River City Engineer, Howard R. Green
Company, 1326 Energy Park Drive, St. Paul, MN 55108, phone 651-644-4389,
or his successor.
N:\FedAidl YvonnelAgreemenlS\ 79058.AGR. wpd
(MnlDOT Agreement No.79058)
Page 5
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B.
MnlDOT's authorized representative for the purposes of administration of this
agreement is Yvonne Crocker, Minnesota Department of Transportation, Division
of State Aid, Mail Stop 500, St Paul, MN 55155, phone 651-296-3014, or her
successor.
IV. LIABILITY. Each party shall be responsible for its own acts and the results thereof to the
extent authorized by law and shall not be responsible for the acts of any others and the
results thereof. City and MnlDOT liability shall be governed by the provisions of the
Minnesota Tort Claims Act, Minnesota Statutes Section 3.376 and other applicable law.
V. ASSIGNMENT. Neither the City nor MnlDOT shall assign or transfer any rights or
obligations under this agreement without prior written approval of the other party.
VI. TERM OF AGREEMENT. This agreement shall be effective upon execution by the City,
MnlDOT, and the appropriate State officials, whichever occurs later, and shall remain in
effect for three (3) years from the effective date or until all obligations set forth in this
agreement have been satisfactorily fulfilled, whichever occurs first.
VII. AMENDMENTS. Any amendments/supplements to this Agreement shall be in writing,
and shall be executed by the same parties who executed the original agreement, or their
successors in office.
VIII. CANCELLATION.
1. This Agreement may be canceled by the City or MnlDOT at any time, with or
without cause, upon ninety (90) day's written notice to the other party. Such
termination shall not remove any unfulfilled financial obligations of the City as set
forth in this Agreement.
2. In the event the State does not obtain funding from the Minnesota Legislature, or
funding cannot be continued at a sufficient level to allow for the processing of the
Federal aid reimbursement requests, the City may continue the work with local
funds only until such time as MnlDOT is able to process the Federal aid
reimbursement requests
N:\FedAid\ YvonnelAgreementsl 79058.AGR. wpd
(Mn/DOT Agreement No.79058)
Page 6
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending
to be bound thereby.
CITY OF ELK RIVER
Approved:
By:
Title:
By:
Title:
ACKNOWLEDGMENT
This instrument was acknowledged before me
this day of 199 _,
By:
Title:
and by:
Title:
of:
and did execute this instrument on behalf of
the agency intending to be bound thereby.
NOTARY PUBLIC
My Commission Expires:
MINNESOTA
DEPARTMENT OF TRANSPORTATION
Approved:
By:
Director,
Division of State Aid
Date
Approved as to form and execution:
By:
Assistant Attorney
General
Date
DEPARTMENT OF ADMINISTRATION
By:
Date
N:\FedAidl YvonnelAgreements\ 79058.AGR. wpd
(Mn/DOT Agreement No.79058)
Page 7
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Howard R. Green Company
CONSULTING ENGINEERS
June 7, 1999
File: 800110j-0601
Mr. Pat Klaers
City Administrator
City of Elk River
P.O. Box 490
Elk River, Minnesota 55330
RE: MN/DOT AGREEMENT FOR RAILROAD CROSSING
EAST ELK RIVER
Dear Mr. Klaers:
Attached is a copy of the agreement Mn/DOT has prepared to allow the City to expend federal
dollars on the new railroad crossing at 171 sl Avenue. We have reviewed this agreement and
noted a couple of typographical errors. We have submitted these comments back to Mn/DOT
and they are currently revising the agreement. However the typographical errors do not change
the intent of the agreement. Therefore we are presenting it to you for City Council action.
The agreement allows the City to spend up to $398,615 on the railroad crossing. This is the
amount noted in the Construction and Maintenance Agreement with Burlington Northern/Santa
Fe Railroad Company dated January 21, 1999. If in fact the costs exceed that, the City will
simply have to request a supplement to this agreement. 80% of that amount is federally
fundable with the remaining 20% to be paid by the City. The agreement allows the City to
request reimbursement after the costs have been expended. The agreement goes on to state
that each pay request will be 95% funded with the last 5% being retained by Mn/DOT until the
completion of the final audit. The agreement states that I will be the City's authorized
representative for purposes of this agreement
Based on our review, we would recommend approval by the City Council and authorization for
the Mayor and the City Administrator to execute the agreement once Mn/DOT provides the
revised agreements. If you have any questions regarding this agreement please call.
Sincerely,
Howard R. Green Company
C--'
~'~frd4dJ
Terry J. ~~rer, P.E.
T JM:kbk
0:\PROJ\800110j\0601\110-0703.jun99.doc
1326 Energy Park Drive. St. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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Mn/DOT Agreement No. 79059
STATE OF MINNESOTA
AGENCY AGREEMENT NO. 79059
WITH THE CITY OF ELK RIVER
FOR FEDERAL P ARTICIP ATION IN RAILROAD FORCE ACCOUNT WORK
FOR
S.P.204-020-03; M.P. HPPMN51 (001)
Accounting Information:
Agency: T -79
I Fiscal Year: 99
Total Encumbered Amount: $398,615.00
MAPS Contract Number:
MAPS Order Number:
MnlDOT Budget Office:
MAPS Entry -- Sign and Date
(Individual signing certifies that funds have been
encumbered as required by Minn: Stat. ~ 16A.15.)
(Authorized Signature)
This agreement made and entered into by and between City of Elk River, hereinafter referred
to as the "City", and the Commissioner of Transportation of the State of Minnesota, hereinafter
referred to as "Mn/DOT",
WHEREAS, the City is proposing a federal aid project to construct Tyler Street (MSAS 133)
from CSAH 13 to CSAH 12, hereinafter referred to as the "Project"; and
WHEREAS, the Project has been determined to be eligible for the expenditure of federal aid
funds, and the Project is identified in Mn/DOT records as S.P. 204-020-03, and in Federal Highway
Administration records as Minnesota Project HPPMN51 (001); and
WHEREAS, the reconstruction of Tyler Street (MSAS 133) requires the reconstruction of
railroad crossing surfaces, track and warning devices, said work to be performed by The Burlington
Northern And Santa Fe Railway Company, a Delaware Corporation, hereinafter identified as
"Railroad Force Account Work"; and
WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act
as its agent in accepting federal aid on the City's behalf for eligible costs of the Railroad Force
Account Work in connection with said Project.
N :\FedAidl YvonnelAgrecmenrs\ 79059.ogr. wpd
(Mn/DOT Agreement No. 79059)
Page 1
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NOW, THEREFORE, it is mutually agreed as follows:
I.
DUTIES OF THE City
A. APPOINTMENT. Thatpursuantto Minnesota Statutes Section 161.36, the City does
hereby appoint Mn/DOT its agent with respect to the receipt of all federal aid funds
made available for Railroad Force Account Work under SP 204-020-03, MP
HPPMN51 (001).
B. ELIGIBILITY/COSTS. The estimated cost and expense of the Railroad Force
Account Work is $398,615.00.
1. It is anticipated that 80.0% ( up to $ 318,892.00) of the eligible cost of the
Railroad Force Account Work is to be paid from federal aid funds made
available by the Federal Highway Administration, and that the remaining
20.0% shall be paid by the City.
2. Any costs incurred by the City prior to federal authorization, as described in
section II.B., will not be eligible for federal participation.
3. Railroad Force Account Work shall not be eligible for reimbursement until
installed as part ofthe Project.
4.
The reasonable cost and expense of the Railroad Force Account Work may
be eligible for federal aid participation, and shall be in accordance with the
Construction and Maintenance Agreements between the City and Burlington
Northern And Santa Fe Railway Company, a Delaware Corporation, dated
January 21, 1999, which is made a part hereof by reference with the same
force and effect as though fully set forth herein.
5. Costs associated with transportation, storage, or other items, incidental to
actual cost of mate rials identified as Railroad Force Account Work, shall not
be eligible for federal aid reimbursement.
6. The City shall pay any part of the cost or expense of the work that the
Federal Highway Administration does not pay.
7. For costs expect~d to ex;ceed $398,615.00, the City shall request the
preparation and execution of a supplement to this agreement, prior to
incurring such costs.
C. SUPERVISION.
1.
The City shall furnish and assign a qualified employee of the City
(hereinafter "Project Manager") to be responsible to supervise and direct the
work to be performed under this agreement, on behalf of Mn/DOT.
N :\FedAidl Y vonnelAgreements\ 79059.agr. wpd
(Mn/DOT Agreement No. 79059)
Page 2
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2.
The City shall furnish such other personnel, services, supplies, and equipment
as shall be necessary in order to properly supervise, perform, inspect, and
document the work for the Railroad Force Account Work.
D. REQUEST FOR PAYMENT.
1. Partial payments may be requested by the City not more than once each thirty
(30) days.
2. The City shall submit to Mn/DOT's District State Aid Engineer one original
itemized invoice and supporting documentation, for eligible expenses
incurred during that period. A statement shall be included, signed by the
City's Project Manager, certifying that the Railroad Force Account Work has
been installed as part of the Project.
3. The invoice shall include 100% of eligible charges applicable to the Railroad
Force Account Work so that the prorate share of Federal and City costs can
be applied to the total costs.
4. Reimbursement of costs under this agreement will be based on actual costs.
E. LIMITATIONS. The City shall comply with all Federal, State and local laws,
together with all ordinances and regulations applicable to the work
1.
The Railroad Force Account Work shall be in accordance with the approved
plan for the Project which shall be on file at Mn/DOT. The plan is a part of
this agreement by reference as though fully set forth herein. Major changes
in the scope, character or estimated total cost of the work from the initial
authorization must have prior concurrence from Mn/DOT and the Federal
Highway Administration.
2. During the performance of this agreement, the City, for itself, its assignees
and successors in interest, shall comply with Title VI ofthe Civil Rights Act
of 1964, as amended, and 49 Code of Federal Regulations (CFR), Part 21
through Appendix Hand 23 C.F.R. 71 0.405 (b), which are made a part hereof
by reference with the same force and effect as though fully set forth herein.
F. RECORDS.
1. The City shall perform work and shall maintain an accurate cost keeping
system as to all costs incurred in connection with the Railroad Force Account
Work, so as to enable MnlDOT to collect the federal aid sought by the City.
2.
The City shall produce for examination all books, records, bills, invoices,
vouchers, receipts, correspondence, instruction, memoranda, of every
description pertaining to the work hereunder, or certified copies thereof if
originals be lost, at such reasonable time and place as may be designated by
N: IFedAidl YvonnelAgreements\ 79059 .agr. wpd
(Mn/DOT Agreement No. 79059)
Page 3
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MnlDOT or the Federal Highway Administration, or duly authorized
representatives, and shall permit extracts and copies thereof to be made.
G.
CLAIMS. The City shall pay any and all lawful claims or demands of any kind or
nature whatsoever arising out of or incidental to the performance of the Railroad
Force Account Work, in the event that the federal government does not pay the same.
In all events, the City shall hold Mn/DOT harmless from any claims arising out of
this agreement.
H. AUDIT.
1. The City shall comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-B3, and shall be responsible for
any costs associated with the performance of the audit.
2. As provided under Minnesota Statutes Section l6C.05, subdivision 5 (1998),
all books, records, documents and accounting procedures and practices ofthe
City are subject to examination by the United States Government, Mn/DOT,
and either the legislative auditor or the state auditor as appropriate, for a
minimum of six years.
II. DUTIES ofMnlDOT.
A.
ACCEPTANCE. Mn/DOT accepts appointment as Agent of the City and shall act
in accordance herewith.
B. AUTHORIZATION. Mn/DOT shall make the necessary requests along with any
required supporting data to the Federal Highway Administration for authorization of
federal participation in the costs of the Railroad Force Account Work and
reimbursements therefor under the terms of this agreement
c. PAYMENT. After review and approval of the City payment request by Mn/DOT,
Mn/DOT shall reimburse the City for the eligible federal share of the costs of the
Railroad Force Account Work.
1. Five percent of each payment shall be retained by Mn/DOT. Retainage will
be released following completion of the final audit.
2. The City shall not be reimbursed for an expense incurred for work found to
be unsatisfactory or performed in violation of federal and state laws and
regulations.
3. Final payment shall be due upon completion of the final audit and approval
by MnlDOT's authorized representative.
4.
MnlDOT shall make the necessary requests for reimbursement of the federal
aid funds for the Railroad Force Account Work from the Federal Highway
Administration.
N :\FedAid\ Y\'onnelAgreemenlS\ 79059 .agr wpd
(Mn/DOT Agreement No. 79059)
Page 4
D.
INSPECTION. Mn/DOT, the Federal Highway Administration, or duly authorized
representatives shall have the right to audit, evaluate and monitor the work performed
under this agreement, and shall have access to all books, records, and documents
pertaining to the work hereunder, for a minimum of six years. .
.
III. AUTHORIZED REPRESENTATIVES. Each authorized representative shall have
responsibility to insure that all payments due to the other party are paid pursuant to the
terms of this agreement.
A. The City's authorized representative for the purposes of administration of this
agreement is Terry J. Maurer, Elk River City Engineer, Howard R. Green
Company, 1326 Energy Park Drive, St. Paul, MN 55108, phone 651-644-4389,
or his successor.
B. Mn/DOT's authorized representative for the purposes of administration of this
agreement is Yvonne Crocker, Minnesota Department of Transportation, Division
of State Aid, Mail Stop 500, St Paul, MN 55155, phone 651-296-3014, or her
successor.
IV. LIABILITY. Each party shall be responsible for its own acts and the results thereof to the
extent authorized by law and shall not be responsible for the acts of any others and the
results thereof. City and Mn/DOT liability shall be governed by the provisions of the
Minnesota Tort Claims Act, Minnesota Statutes Section 3.376 and other applicable law.
.
V.
ASSIGNMENT. Neither the City nor Mn/DOT shall assign or transfer any rights or
obligations under this agreement without prior written approval of the other party.
VI. TERM OF AGREEMENT. This agreement shall be effective upon execution by the City,
Mn/DOT, and the appropriate State officials, whichever occurs later, and shall remain in
effect for three (3) years from the effective date or until all obligations set forth in this
agreement have been satisfactorily fulfilled, whichever occurs first.
VII. AMENDMENTS. Any amendments/supplements to this Agreement shall be in writing,
and shall be executed by the same parties who executed the original agreement, or their
successors in office.
VIII. CANCELLATION.
1. This Agreement may be canceled by the City or Mn/DOT at any time, with or
without cause, upon ninety (90) day's written notice to the other party. Such
termination shall not remove any unfulfilled financial obligations of the City as set
forth in this Agreement.
2.
In the event the State does not obtain funding from the Minnesota Legislature, or
funding cannot be continued at a sufficient level to allow for the processing of the
Federal aid reimbursement requests, the City may continue the work with local
funds only until such time as Mn/DOT is able to process the Federal aid
reimbursement requests.
.
(MnlDOT Agreement No. 79059)
Page 5
N :\FedAid\ Y vonnelAgreemenlS\ 79059 .agr. wpd
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending
to be bound thereby.
CITY OF ELK RIVER
Approved:
By:
Title:
By:
Title:
ACKNOWLEDGMENT
This instrument was acknowledged before me
this day of 199_,
By:
Title:
and by:
Title:
of:
and did execute this instrument on behalf of
the agency intending to be bound thereby.
NOTARY PUBLIC
My Commissio~ Expires:
MINNESOTA
DEPARTMENT OF TRANSPORTATION
Approved:
By:
Director,
Division of State Aid
Date
Approved as to form and execution:
By:
Assistant Attorney
General
Date
DEPARTMENT OF ADMINISTRATION
By:
Date
N:lFedAid\ YvonnelAgreements\ 79059 .agr. wpd
(MnIDOT Agreement No. 79059)
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