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<br /> <br /> <br /> <br /> Mn/DOT Agreement No. 91.098 <br /> <br /> <br /> STATE OF MINNESOTA AGENCY AGREEMENT <br /> BETWEEN <br /> DEPARTMENT OF TRANSPORTATION <br /> AND <br /> CITY OF NEW BRIGHTON <br /> <br /> FOR FEDERAL PARTICIPATION IN CONSTRUCTION <br /> <br /> <br /> <br /> This agreement is entered into by and between the City of New Brighton ("City") and the <br /> State of Minnesota acting through its Commissioner of Transportation ("Mn/DOT"), <br /> <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 /> <br /> enhancement of transportation financed either in whole or in part by federal funds, hereinafter <br /> referred 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 /> <br /> <br /> THE PARTIES AGREE AS FOLLOWS: <br /> <br /> <br /> I. DUTIES OF THE CITY. <br /> <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 /> <br /> B. STAFFING. <br /> <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 <br /> public employee of the City, to be in responsible charge of the Project(s). The <br /> services of the City to be performed hereunder may not be assigned., sublet, or <br /> transferred unless the City is notified in writing by Mn/DOT that such action is <br /> permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written <br /> consent will in no way relieve the City from its primary responsibility for <br /> performance of the work. <br /> <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 <br /> <br /> (Mn/DOT Agreement No. a;: • <br /> N;TedAid\AgreemenWatest samples\147-000-000 new Brighton DCP Agency Agreement 06-doc 2/5/00 Page 1 <br />