4.9 SR 07-15-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
4.9
Meeting Date
July 15, 2024
Prepared By
Justin Femrite, Public Works Director/Chief Engineer
Item Description
Resolution 24-39 authorizing the execution of the
Agency Agreement 24-19 with MnDOT for Mega
Loop Project.
Reviewed by
Justin Femrite
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 24-39 authorizing the execution of the Agency Agreement 24-19 with MnDOT
as it relates to Advance Construction of the federally funded Mega Loop Project.
Background/Discussion
Federal funding for the Mega Loop Trail Extension Project along CR 13 and CR 40 was intended for
construction in the MnDOT fiscal year 2025. We have developed the project and plan to construct the
project in 2024 as detailed in the city's Capital Improvement Plan. As formal documentation, MnDOT requires
the city to approve the attached resolution allowing for the advanced encumbering of these funds.
Financial Impact
No additional expenses will result from this action.
Mission/Policy/Goal
Meet changing Needs - Agile
Attachments
1. Resolution MnDOT
2. Agreement MnDOT
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City of Elk River
City Council
Resolution 24-____
A Resolution of the City Council of the City of Elk River authorizing the
execution of the Agency Agreement with MnDOT as it relates to Advance
Construction of the Federally funded Mega Loop project
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows: that pursuant to Minnesota Statute Section 161.36, the
Commissioner of Transportation be appointed as Agent of the City of Elk River to accept as
its agent, federal aid funds which may be made available for eligible transportation related
projects.
BE IT FURTHER RESOLVED, the Mayor and City Clerk are hereby authorized and
directed for and on behalf of the City of Elk River to execute and enter into an agreement
with the Commissioner of Transportation prescribing the terms and conditions of said
federal aid participation as set forth and contained in “Minnesota Department of
Transportation MnDOT Contract Number 1056895,” a copy of which said agreement was
before the City Council and which is made a part hereof by reference.
Passed and adopted this 15th day of July 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Page 170 of 389
Minnesota Department of Transportation
State Aid for Local Transportation
395 John Ireland Boulevard, MS 500
Saint Paul, MN 55155
An Equal Opportunity Employer
July 2, 2024
Mr. Justin Femrite
City of Elk River Engineer
13065 Orono Parkway
Elk River, MN 55330
SUBJECT: SP 204‐090‐005, TA 7125(011)
CSAH 13 and CR 40 Multi‐Use Trails
MnDOT Contract Number 1056895
Dear Mr. Femrite:
Attached is the agreement between the City of Elk River and MnDOT, which allows for MnDOT to act as the City of Elk
River’s agent in accepting federal aid in connection with the above referenced project.
This agreement is for Advance Construction, because you wish to begin construction of the project prior to the year it is
designated in the STIP. The project will be converted to “real” funds in Federal fiscal year 2025 or sooner as funds are
available.
Please review and if approved, have the agreement signed. A City Council resolution similar to the example attached,
must be passed. The certified resolution should then be placed as the last page in the agreement. Please verify that the
person/title authorized to sign as stated in the resolution, corresponds to the signature (person/title) on the signature
page. Please return the agreement to me for MnDOT signatures. A fully executed copy will be returned to you. If you
have any questions or need any revisions, please feel free to contact me at 612.271.6210.
Sincerely,
Angela Murphy, PE
Federal Plans Engineer
Enclosures
Cc: Andjela Tomovic —DSAE
Cindy Degener—Finance
File
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MnDOT Contract No. 1056895
Updated June 21, 2023 1
STATE OF MINNESOTA
AGENCY AGREEMENT
for
FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION
State Project Number: 204‐090‐005
FAIN Number: TA 7125(011)
This Agreement is entered into by and between the City of Elk River (“Local Government”) and the State of Minnesota
acting through its Commissioner of Transportation (“MnDOT”).
RECITALS
1. MnDOT Contract Number dcp(1052149) which has been executed between the Local Government and MnDOT,
appoints MnDOT as the Local Government’s agent to receive and disburse transportation related federal funds, and
sets forth duties and responsibilities for letting, payment, and other procedures for a federally funded contract let
by the Local Government; and
2. Pursuant to Minnesota Statutes Section 161.36, the Local Government desires MnDOT to act as the Local
Government's agent to accept and disburse federal funds for the construction, improvement, or enhancement of
transportation financed in whole or in part by federal funds, hereinafter referred to as the “Project”; and
3. The Local Government is proposing a federal aid project for CSAH 13 and CR 40 Multi‐Use Trails, hereinafter referred
to as the “Project”; and
4. The Project is eligible for the expenditure of federal aid funds and is programmed in the approved federally
approved STIP for the fiscal year 2025, and is identified in MnDOT records as State Project 204‐090‐005, and in
Federal Highway Administration (“FHWA”) records as Minnesota Project TA 7125(011); and
5. The Local Government desires to proceed with the construction of the project in advance of the year it is
programmed for the federal funds; and
6. It is permissible under Federal Highway Administration procedures to perform advance construction of eligible
projects with non‐federal funds, with the intent to request federal funding for the federally eligible costs in a
subsequent federal fiscal year(s), if sufficient funding and obligation authority are available; and
7. The Local Government desires to temporarily provide Local Government State Aid and/or other local funds in lieu of
the federal funds so that the project may proceed prior to the fiscal year(s) designated in the STIP; and
8. MnDOT requires that the terms and conditions of this agency be set forth in an agreement.
AGREEMENT TERMS
1. Term of Agreement
1.1. Effective Date. This Agreement will be effective upon execution by the Local Government and by
appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for five
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MnDOT Contract No. 1056895
2
(5) years from the effective date or until all obligations set forth in this Agreement have been satisfactorily
fulfilled, whichever occurs first.
2. Local Government’s Duties
2.1. The Local Government will perform all of its duties and obligations in MnDOT Contract Number
dcp(1052149), which is incorporated herein by reference, in the solicitation, letting, award, and
administration of the construction of the Project.
3. MnDOT’s Duties
3.1. MnDOT will perform all of its duties in accordance with MnDOT Contract Number dcp(1052149), which is
incorporated herein by reference.
3.2. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project,
and for reimbursement of eligible costs pursuant to the terms of this Agreement.
3.3. MnDOT will request the conversion of the Project to federal funding of eligible costs, when funding and
obligation authority are available.
3.4. At such time that the project is converted to federal funding and such funding is received by MnDOT,
MnDOT will reimburse to the Local Government the federal aid share of the federally eligible costs,
previously provided by the Local Government. Reimbursement for Local Government State Aid funds used in
lieu of federal funds, will be deposited in the Local Government‘s State Aid Account. Reimbursement for
other Local Government funds used in lieu of federal funds will be forwarded to the Local Government.
4. Time
4.1. The Local Government must comply with all time requirements described in this Agreement. In the
performance of this Agreement, time is of the essence
4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the
date defined in the federal financial system or federal agreement (“end date”). No work completed after
the end date will be eligible for federal funding. Local Government must submit all contract close out
paperwork to MnDOT at least twenty‐four months prior to the end date.
5. Payment
5.1. It is estimated that the total cost of the Project is $1,037,915. The remaining share will be paid by the Local
Government. 80% of the eligible costs will be eligible for TA funds in federal fiscal year 2025. This amount is
$830,332.
5.2. The Local Government will pay any part of the cost or expense of the work that the FHWA does not pay.
5.3. Request for reimbursement of the federal aid share of the federally eligible costs can be made any time
after the work is completed, however payment may not be made until after October 1, 2024 for federal
fiscal year 2025. It could be earlier if funding and obligation authority are available (subject to the Area
Transportation Partnership (ATP) policy).
5.4. The Local Government will make requests for reimbursement in accordance with the payment provisions in
MnDOT Contract Number dcp(1052149), which is incorporated by reference, and will comply with the
requirements of 2 CFR Part 200.
6. Authorized Representatives
6.1. MnDOT's Authorized Representative is:
Name: Angela Murphy , or their successor.
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Title: State Aid, Federal Plans Engineer
Phone: 612‐271‐6210
Email: angela.murphy@state.mn.us
MnDOT’s Authorized Representative has the responsibility to monitor Local Government’s performance and
the authority to accept the services provided under this Agreement. If the services are satisfactory, MnDOT's
Authorized Representative will certify acceptance on each invoice submitted for payment.
6.2. The Local Government’s Authorized Representative is:
Name: Mr. Justin Femrite , or their successor.
Title: City of Elk River Engineer
Phone: 763‐635‐1051
Email: jfemrite@elkrivermn.gov____________________________________
If the Local Government’s Authorized Representative changes at any time during this Agreement, the Local
Government will immediately notify MnDOT.
7. Assignment Amendments, Waiver, and Agreement Complete
7.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this
Agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this Agreement, or their successors
in office.
7.2. Amendments. Any amendments to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original agreement, or
their successors in office.
7.3. Waiver. If MnDOT fails to enforce any provision of this Agreement, that failure does not waive the provision
or MnDOT’s right to subsequently enforce it.
7.4. Agreement Complete. This Agreement contains all negotiations and agreements between MnDOT and the
Local Government. No other understanding regarding this Agreement, whether written or oral, may be used
to bind either party.
7.5. Severability. If any provision of this Agreement or the application thereof is found to be invalid or
unenforceable to any extent, the remainder of the Agreement, including all material provisions and the
application of such provisions, will not be affected and will be enforceable to the greatest extent permitted
by the law.
7.6. Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using
electronic signatures and converting original documents to electronic records.
7.7. Certification. By signing this Agreement, the Local Government certifies that it is not suspended or
debarred from receiving federal or state awards.
8. Liability and Claims
8.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent
authorized by law and will not be responsible for the acts and omissions of any others and the results
thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability.
8.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government’s agent
for acceptance and disbursement of federal funds, and not as a principal or co‐principal with respect to the
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Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project
including, without limitation, claims related to contractor selection (including the solicitation, evaluation,
and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any
ultra vires acts. To the extent permitted by law, the Local Government will indemnify, defend (to the
extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs
arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The
Local Government’s indemnification obligation extends to any actions related to the certification of DBE
participation, even if such actions are recommended by MnDOT.
9. Audits
9.1. Under Minn. Stat. § 16C.05, Subd.5, the books, records, documents, and accounting procedures and
practices of the Local Government, or any other party relevant to this Agreement or transaction, are subject
to examination by MnDOT and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of
six years from the end of this Agreement, receipt and approval of all final reports, or the required period of
time to satisfy all state and program retention requirements, whichever is later. The Local Government will
take timely and appropriate action on all deficiencies identified by an audit.
9.2. All requests for reimbursement are subject to audit, at MnDOT’s discretion. The cost principles outlined in 2
CFR 200.400‐.476 will be used to determine whether costs are eligible for reimbursement under this
Agreement.
9.3. If Local Government expends $750,000 or more in Federal Funds during the Local Government’s fiscal year,
the Local Government must have a single audit or program specific audit conducted in accordance with 2
CFR Part 200.
10. Government Data Practices. The Local Government and MnDOT must comply with the Minnesota Government
Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by MnDOT under this Agreement, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local
Government under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data
referred to in this clause by either the Local Government or MnDOT.
11. Workers Compensation. The Local Government certifies that it is in compliance with Minn. Stat. §176.181, Subd.
2, pertaining to workers’ compensation insurance coverage. The Local Government’s employees and agents will
not be considered MnDOT employees. Any claims that may arise under the Minnesota Workers’ Compensation
Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission
on the part of these employees are in no way MnDOT’s obligation or responsibility.
12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice‐of‐law provisions, governs
this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
13. Termination; Suspension
13.1. Termination by MnDOT or Commissioner of Administration. MnDOT or Commissioner of Administration
may unilaterally terminate this Agreement with or without cause, upon 30 days written notice to the Local
Government. Upon termination, the Local Government will be entitled to payment, determined on a pro
rata basis, for services satisfactorily performed.
13.2. Termination for Cause. MnDOT may immediately terminate this Agreement if MnDOT finds that there has
been a failure to comply with the provisions of this Agreement, that reasonable progress has not been
made, that fraudulent or wasteful activity has occurred, that the Local Government has been convicted of a
criminal offense relating to a state agreement, or that the purposes for which the funds were granted have
not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota,
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including the refusal to disburse additional funds and requiring the return of all or part of the funds already
disbursed.
13.3. Termination for Insufficient Funding. MnDOT may immediately terminate this Agreement if:
13.3.1. Funding is not obtained from the Minnesota Legislature; or
13.3.2. Funding cannot be continued at a level sufficient to allow for the payment of the services covered
here. Termination must be by written or fax notice to the Local Government. MnDOT is not
obligated to pay for any services that are provided after notice and effective date of termination.
However, the Local Government will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed
any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or
other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of
the lack of funding within a reasonable time of MnDOT’s receiving that notice.
13.4. Suspension. MnDOT may immediately suspend this Agreement in the event of a total or partial government
shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the
Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of
non‐payment.
14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Local Government consents
to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax
identification number, already provided to MnDOT, to federal and state tax agencies and state personnel involved
in the payment of state obligations. These identification numbers may be used in the enforcement of federal and
state tax laws which could result in action requiring the Local Government to file state tax returns and pay
delinquent state tax liabilities, if any.
15. Fund Use Prohibited. The Local Government will not utilize any funds received pursuant to this Agreement to
compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however
organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction
applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a
subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government
from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government’s
contract award on this Project.
16. Discrimination Prohibited by Minnesota Statutes §181.59. The Local Government will comply with the provisions
of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or
any county, city, town, township, school, school district or any other district in the state, for materials, supplies or
construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor
for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or
vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the
United States or resident aliens who are qualified and available to perform the work to which the employment
relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or
intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being
hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on
account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may
be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or
any other person authorized to contracts for employment, and all money due, or to become due under the
contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement.
17. Appendix II 2 CFR Part 200. The Local Government agrees to comply with the following federal requirements as
identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal
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Awards, and agrees to pass through these requirements to its subcontractors and third party contractors, as
applicable. In addition, the Local Government shall have the same meaning as “Contractor” in the federal
requirements listed below.
17.1.1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such
sanctions and penalties as appropriate.
17.1.2. All contracts in excess of $10,000 must address termination for cause and for convenience by the
non‐Federal entity including the manner by which it will be effected and the basis for settlement.
17.1.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of “federally assisted construction contract” in 41 CFR Part 60‐1.3 must
include the equal opportunity clause provided under 41 CFR 60‐1.4(b), in accordance with Executive
Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964‐1965 Comp.,
p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal
Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
17.1.4. Davis‐Bacon Act, as amended (40 U.S.C. 3141‐3148). When required by Federal program legislation,
all prime construction contracts in excess of $2,000 awarded by non‐Federal entities must include a
provision for compliance with the Davis‐Bacon Act (40 U.S.C. 3141‐3144, and 3146‐3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with
the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The non‐Federal
entity must place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non‐Federal entity must report all suspected
or reported violations to the Federal awarding agency. The contracts must also include a provision
for compliance with the Copeland “Anti‐Kickback” Act (40 U.S.C. 3145), as supplemented
by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or subrecipient must be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled. The non‐Federal entity must
report all suspected or reported violations to the Federal awarding agency.
17.1.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701‐3708). Where applicable, all
contracts awarded by the non‐Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis
of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic
rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles
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ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
17.1.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter
into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR
Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.
17.1.7. Clean Air Act (42 U.S.C. 7401‐7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251‐
1387), as amended ‐ Contracts and subgrants of amounts in excess of $150,000 must contain a
provision that requires the non‐Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401‐7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251‐1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
17.1.8. Debarment and Suspension (Executive Orders 12549 and 12689) ‐ A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
“Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
17.1.9. Byrd Anti‐Lobbying Amendment (31 U.S.C. 1352) ‐ Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non‐Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non‐Federal award.
17.1.10. Local Government will comply with 2 CFR § 200.323.
17.1.11. Local Government will comply with 2 CFR § 200.216.
17.1.12. Local Government will comply with 2 CFR § 200.322.
17.2. Drug‐Free Workplace. The Local Government will comply with the Drug‐Free Workplace requirements
under subpart B of 49 C.F.R. Part 32.
17.3. Title VI/Non‐discrimination Assurances. The Local Government hereby agrees that, as a condition of
receiving any Federal financial assistance under this Agreement, it will comply with Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324,
Section 504 of the Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and
applicable regulatory requirements to the end that no person in the United States shall, on the grounds of
race, color, national origin, sex, disability, or age be excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination under any program or activity for which the Local
Government receives Federal financial assistance.
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The Local Government hereby agrees to comply with all applicable US DOT Standard Title VI/Non‐
Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which
can be found at: https://edocs‐
public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are
included in any contract, the Local Government will ensure the appendices and solicitation language within
the assurances are inserted into contracts as required. State may conduct a review of the Local
Government’s compliance with this provision. The Local Government must cooperate with State throughout
the review process by supplying all requested information and documentation to State, making Local
Government staff and officials available for meetings as requested, and correcting any areas of non‐
compliance as determined by State.
17.4. Buy America. The Local Government must comply with the Buy America domestic preferences contained in
the Build America, Buy America Act (Sections 70901‐52 of the Infrastructure Investment and Jobs Act, Public
Law 117‐58) and as implemented by US DOT operating agencies.
17.5. Federal Funding Accountability and Transparency Act (FFATA).
17.5.1. This Agreement requires the Local Government to provide supplies and/or services that are funded
in whole or in part by federal funds that are subject to FFATA. The Local Government is responsible
for ensuring that all applicable requirements, including but not limited to those set forth herein, of
FFATA are met and that the Local Government provides information to the MnDOT as required.
a. Reporting of Total Compensation of the Local Government’s Executives.
b. The Local Government shall report the names and total compensation of each of its five most
highly compensated executives for the Local Government’s preceding completed fiscal year, if
in the Local Government’s preceding fiscal year it received:
i. 80 percent or more of the Local Government’s annual gross revenues from Federal
procurement contracts and Federal financial assistance subject to the Transparency Act,
as defined at 2 CFR 170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts), and Federal financial assistance subject to the Transparency Act (and
subawards); and
iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue
Code of 1986. (To determine if the public has access to the compensation information,
see the U.S. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.).
Executive means officers, managing partners, or any other employees in management
positions.
c. Total compensation means the cash and noncash dollar value earned by the executive during
the Local Government’s preceding fiscal year and includes the following (for more information
see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
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iii. Earnings for services under non‐equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor
of executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and
actuarial pension plans.
v. Above‐market earnings on deferred compensation which is not tax qualified.
17.5.2. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
17.5.3. The Local Government must report executive total compensation described above to the MnDOT by
the end of the month during which this Agreement is awarded.
17.5.4. The Local Government will obtain a Unique Entity Identifier (UEI) number and maintain this number
for the term of this Agreement. This number shall be provided to MnDOT on the plan review
checklist submitted with the plans for each project.
17.5.5. The Local Government’s failure to comply with the above requirements is a material breach of this
Agreement for which the MnDOT may terminate this Agreement for cause. The MnDOT will not be
obligated to pay any outstanding invoice received from the Local Government unless and until the
Local Government is in full compliance with the above requirements.
[THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK.]
Page 180 of 389
MnDOT Contract No. 1056895
10
City of Elk River
City of Elk River certifies that the appropriate person(s)
have executed the contract on behalf of the Local
Government as required by applicable articles, bylaws,
resolutions or ordinances
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
By:
Title: State Aid Engineer
Date:
COMMISSIONER OF ADMINISTRATION
By:
Date:
Page 181 of 389