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HomeMy WebLinkAbout7D, Resolution 2008-035� EN HILLS Request for Council Action : . __- --- -- .. .._ .�.._ �.�. . _------ _... -- - - - _.._. ._.. . _ ...... . ........ ... . .-- ---- Prepared By: Michelle Olson, Parks and Recreation Councif Meeting Date: July 28, 2008 Manager Motion to Adopt Resolution 2008-035: Reso�u�ion Appro�ing an Agency Agreement Authorizing #he Delegated Contrac# Process for Federal Aid Projects. Budgeted Arr�ount: Actuaf Amount: Funding 5aurce: $31,552.11 — 2(1D8 $3'#,552.11 - 2008 Special Revenue — Park Fund $175,OOfl - 20fl9 $175,OUQ - 2U09 Recommendation: A rnotion to adopt Resol�iion 2008-035: Resafutior� Approving an Agency Agreernent Authorizing the �e{ega#ed Gantract Process for Federal Aid Projects. _.._...._______.__ - --- -- ....... _ .. . _._. _—.._.._. �_ _��. � _ -- __ -- __.___.��_�.... _ Supporting C]ocumer�ts: 1. MerrEorandum dated JuEy 28th from Micheffe Olsor�, ParKs and Recreakior� Manager 2. Resalutio� No. 2008-036 3. Project Map �i. Agency Agreemeni � EN HILLS' MEMORANDUM DATE: July 28, 2008 TO: Honorable Mayor and City Council Ronalcl Moarse, City Administratar FROM: Michelle Olson, Parks and Recreatian Manager �� SUBJECT: Resolution 2008-035: Safe Routes to School Funding Acc�ptance SACKGROUND The Ciiy was informed on April 15, 2008 that we had been avcrarded a Safe Routes to School Program Grant in the amount of $175,400. Since that time, sta �f has been workir�g with the Minnesota Department of Transportation (Mn/DOT) and the City Engineer io produce a project memo, which includes nurn.erous required environmental reviews. This process is still in prog�ess. The Safe Routes to School Program utilizes federal funds and therefore, it requires the City of Arden Hills to enter into an agreement auihorizing the delegated contract process far federal aid projects. This will allow for Mn/DOT ta act as the City's agent in accepting federal aid. The agreement is attached for your review. In addition, a resolutian must be passed stating the iallowing: 1. Naming �he Cornmisszoner of Transportation as Agent of the City of Arden Hills to accept as its agent, federal a.id funds which may be made available far eligible tra�sportation r�lated projects. 2. Authorizing the Mayor and the City Administratar ta execute and enter into an Ag�reemeni with the Commissioner of Transportation prescribing �he tertns and conditions of saad federal aid participaiion as set forth and contained in "Minnesota Department of Transportation Agreement No. 92716". BUDGET The Safe Routes to Schoal Project £uriding is for a trail an the sou�h side of County Road E2 from Old Highway 10 io New Brighton Road, In addition, a trail wi11 be paved �ro�n County Road E2 north to Venus Avenue. A project map is included for your review. Project costs are summarized below: The project total: Estimated at $259,352.11. F�nding available from Grant: $175,0OO.OQ IlMetro-inet.uslardenhillslPlt&PW1ParkslMemaslCouncil MemoslMemo to CC re - Res OS-035 - Safe Routes to School Funding.doc Resolution 07-69: Safe Routes to School Page 2 Arnount Project is over Grant Award: $8A�,3S2.11 Local F�nds: $46,552.11. Includes: $31,552.11 - Engineeriz�g Costs that are not reimbursable — Provided from City of Arden Hills Special Revenue Park Fund and $15,Q00.00 — Crosswalk Signal provided by Ramsey County Parks and Recreatian In-K�ind Contributions: Up to $37,800 Includes: $36,000 - Possible relocatian of up to 9 fire hydrants {$4,OOQ per hydra�t — actua.l number thai may need to be relocated will be determined in finai design). $1,800 — Crosswalk Painting provided by Ramsey County Public Works. The City needs to go through an extended process of autharizations for this project with the goal for consta-uc�ion to begin sometime in June or July 2009. City Staff did b�dget $31,552.11 iri 2408 frarr� t1�e Special Revenue Fund for engineering expenses tha# are not eligible %r reimbursernent from the gra��. The praject construction expenses of $175,000 (including the $16,189.42 of reimbursable engineering �xpenses) will be budgeied in 2009. The revenue of $175,OQ0 will also be budgeted for in 2009. RECOMMENDAT�ON Staff recommends a motion to adopt Resolution 2048-035: Approving an Agency Agreement Author�zing the Delegated Contract Process for Federal Aid Projects. __ _ ___ _____ __ � EN H�LLS'' CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION N�. 2Q08-035: RESOLUTYON APPR4VYNG AN AGE�TCY AGREEMENT AUTHORIZING THE DELEGATED CONTRACT PRQCESS FOR FEDERAL AID PROJECTS WHEREAS, the County Road E-2 Safe Rouies to School proj�ct wi�l be funded in part by Federal Funds through tI�e Minnesota Departrnent of Transportation; and WHEREAS, the Ciiy of Arden Hills plans ta provide safe access and connections to Valentine Hills Elementary via new trails along County Road E2 and through Ramsey County Open Space; and WHEREAS, ihe Ciiy of Arden Hills is committed to a cooperaiive effort with School District 621 and Ramsey County to maintain the proposed trails year-round; and NOW THEREFORE, BE IT RESOLVED: T`hat pursuant to Minnesota Statutes Section 161.36, the Commissianer of Transportation be appointed as Agent af the Ciiy of Arden Hills to accept as its agent, federal aid funds which may be made available for eligible transportation related prajects; and NOW THEREF�RE, BE IT FURTHER RESQLVED: The Mayor and the City Administratar are hereby authorized and directed for and o�. behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federai aid participation as set forth and contained in "Minnesota Department of Transportation Agreement No. 92716", a copy of which said agreerz�ent was befare the City Council and which is made a part hereof by reference. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THTS 28TH DAY OF JULY, 2008. ATTESTo Ranald J. Moorse, CITY A.DMINI�TRATOR Stanley D. Harpstead, MAYOR I1Metro•inel.uslardenhillsU4dminlCouncilSResolutions120p8520 0 6-0 35, ResoluSon for Safe Routes 1p School Funding Acceptance.doc STATE OF MINNESOTA COUNTY OF RAMSEY I hereby certify that the foregoing Resolution is a true and correct copy of t�e Resolu�ion presenied to and adopted by the City of Arden Hills at a duly auihor�zed meeiing thereof held on the day af _ , 20 , as shown by the minutes of said meeting in my possession. Deputy Clerk 11Metro-inet.uslardenhillsL4dminlCounciilResolutions120061200835, Resalution for Safe Rouies to School Fundrng Acceptance.8oc . .�s 11 ,�K� ,�,r� '� � � j� , � �� ,; a ���h:m: n l c � i.� '` a� �y ? -� , E 'e -� a�rE;� ��� ' � � . � � �" � � e .',�t� : . *"{��j ► s�'' rs'�"� � �b , ��' t � z� � � '. A i * s� "'� i x c' u ir 3r x. �.��� a. 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"'s�� r M �-1 1 �..'?,"!.�"8 �`.? -.:yv�',r � i� ]�� -r 1 i r Y��r .'� .� ��:'. � .+� . � -:' � ,.� ce x 3W" 1 �- � y;;� ��� �� � F ,. .... .'; .;.� y�., 5� .u.7� s �, .CL.°z ,�r�s' � � 'c"'^' d .�� '— u , ` � . . � � �. � � r—s�.�.,.. �,�� � ��,.�- � � �.�-`:�+' � ,�c � � , , v .� � -r a � 1 a � �� ; � ��+" °.y ' t� :� ?o-t s-a .. � � . � '.. � 1 -: � 1 f� � ' � � k� `� � r, t '� r'S ,�544 �� z7�„ ',�- �;' r ' II , � � : rd t�4 .�' ����� ';t 2rj��-� ��r ' ' 1 5 � y1 � ,. � r`.a.� � �, 'd��� ��� � " , � ��_�✓� , :���,r `` _ ._ ____ __ __ _ _ Mn/DOT Agreement No. 92716 STATE OF MIlV�NESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF ARDEN HILLS FOR FEDERAL PARTICIPATION IN CONSTRUCT�ON This agreement is entered inta i�y and between the City aiArden Hills ("Cit�'} and the State of Mir�nesota acti:ng thraugh its Cozr�missioner of Transportation ("Mn/DOT"), Pursuant to Minnesata Statuies Section i 6�.3b, the City efesires MnIDOT to act as the City's agent i� accepting federal funds on the City's beha�f for ihe const�ction, im}�rovernent, or enhanc�rnent of transportation finar�ced either in wt�a�e or in part by federaI funds, hereinafter referred to as the "Praject(s)"; and Mz�IDOT req�tir�s that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: �. DUTIES 4F THE CTTY. A. DESIGNATION. The City designates Mn/DOT to act as iEs agent �n accepting federai funds in its behalf rnade avai�abie for the Project(s}. B. STAFFING. 1. The Ciry wili furnish and assign a publiciy employed licensed engineer, {"Project Engineer"), to be in responsible charge of the Project(s) and to supervzse and direct the work to be gerformed under any const�-uction contract let for the Project{s). In t�.e alternative where ti�e City elects co use a grivate consuitant for construction er�gineering se�vices, th� City will provide. a quali�'ied, full-ti�ne public employ�e of the City, to l�e in responsible charge of t�e Project(s). The ser�ic�s of the City to be per%rmed hereur�der sttay not be assigned, sublet, or transferred unless the City is notified in writi�g by Mn1DOT that such acCian is per�nittcd under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent wiil in no way relieve the City fronn its prirnary responsibilily for perfarmance af the work. 2. During the pragress of the worEc o� the Project(s}, the City authorizes its Project Engineer to request in writir�g specific engineering and/or tec��nical services fram (Ma/DOT A° eement i�io. 9?, i fi) i*I:1FedAidlP.greementliatest sampieslArden Hil�s 187 AC Apency Ab eement 08.doc 2I�IOb page 1 Mn/D4T, pursuan� ta Minnesota Statutes Sectron 161.39. Such services amay be covered by oiher technica� service agreements. If Mn/DOT furnishes the services requested, and if Mn/DQT requests reimbursernent, then the City wili pro�nptly pay Mn/DOT to reimburse the state trunk highway fu�d for the f�li cost and expense of furnishing such services. The costs and expenses will include the current MnlDOT labor additives and o�er�ead rates, sub�ect to adjustme�t based on ac[uaI d'zrect costs that i�ave been verified by audit. Provision of such services will not be deemed ta make Mn/DOT a princigal or co-principa� with respect to the Project(s}. C. LETTING_ The City will prepare canstruction cont�acts in accordarice with Minnesota law and applicable Federal laws and regulations. �. The City will solicit bids after obtainir�g written notification £rorri Mn/DOT that the Federal Highway Administratzon ("FHWA") has authorized the Praject(s). Any Projec�{s) advertised prior to authorization wi�� not be eligible for federal rein�burse�nent. 2. The City wiil prepare the Propasa� for Highway Constn.2ction for th� const�ctior� can[ract, which wiil include ali of t�e federal-aid provisions supplied by Mn/DOT. 3. The City will prepare and publish tt�e bid solicitation for the Projec�(s) as required t�y state and federal laws, The Ciiy will include in th� solicitation the required language for federa�-aid co�struction contracts as suppiied by MnIDOT. The soficitation will staCe where the praposals, plans, and specifications are available for the inspection of prospec�i�e bidders, and where the City will receive the seaied bids. 4. T�e City may not include other wark in the construciion contract %r the authorized Project(sj withflut obtai�ing {�rior notification fram Mt�/DOT that such wark is allowed by �"HWA. Failure to obtain suc[� notification may resu�t in the Ioss of some ar alI of the federal funds for the Projec�{s). 5. T�e City will prepare and sell the plan and pcoposal packages and prepare and distribute any addendums, if needed. 6. The City will receiv� and apen bids. 7. After the bids are apened, tF�e Ciry Co�.incil wiil consider the E�ids and wiIi awacd the bid to the lowest responsible bidder, or reject aIi bids. If the canstruction contract cantains a goal for Disadvantaged Business Er�te�prises, the City wiil nat award the bid �ntil it has received certification of the Disadvantaged Business Enterprise partici�ation from the Mn/DOT Equal Emplayment Opportunity Office. (Mn/DOT Ageemeot No, `-�L; f i�) IV�1FedAidlAgeementllatest sampleslArden F{ills 187 AC Aoency Aareerc�eut 08.doc 21i/(3D paoe 2 _ _ D. CONTRACT ADMINISTRATYON. 1. The Ciry vc�ili prepare and execute a construction contract witl� the Iowest responsible bidder, hereinafter referred to as the "Can�ractor," in accordance with the specia� pravisions and t�ie �atest edition of MnIDOT's Standard Specifica�ions for Construction and all amenc�ments ther�to. 2. The Project(sj will be constructed in accordance with plans, speciai provisions, and standard specifications of each Praject. The standard specifications will be the latest edition of Mn/DOT Standard Specifications for Higl�way Const�-uction, and ali amendments thereto. The plans, special provisions, and siandard specifications will be on �ile at the City Engineer's Office. The pIans, special provisions, and speci�cations are incorporated into this agreement by reference as though f�lly set fort� I�e�-ein_ 3. The City will furnish the personnel, services, suppiies, and equ�pment necessary to progerly supervise, inspect, and document the work for the Project{s). The services of the City to be perforrt�ed hereunder rnay not be assigned, sublet, az trans%rred �niess the City is �atified in writing by Mn/DOT that such action is permitYed under 23 CFR I_33 a�d 23 CFR 635.I05 and state law. This written cor�sent wil� in no way �-eiieve the City frorn its primary responszbility for perfarmance of the work. 4-_ The City wiil dacurnent quantities in accordance with the guidelines set forth in the Mr�/DOT Contract Administration Manual Sections 410 and 420 that were in effect at the time the wor�C was perforrned. � S. The City wiit test materials in accordance w�th t�e l�i1r�.�DOT S�h�du�e �f Materials Control in effect at the time each Project vvas let_ The City wili notify Mn/DOT when work is in pro�ress on the Projec�(s) that requires observation by t�e Independent Assurar�ce Inspectar as required by the Independent Assurance Schedule. b. The City �nay make changes in the pians or the character of the work, as m.ay be necessary to compiete the Project(s), and may enter into supplemental agreement(s) with the Contractor. Tt�e City w�ll not 6e reimbursed for any costs of any work perforrned �nder a supplementai agreement uniess Mn/D4T has notified the City that the subject work is eligible for federal funds and sufficient £ederal f�nds are available. 7. The City wi�l request approval from Mn/DQT for all costs in excess of the arnount of federal �unds previflusly approved for the Project(s) priar to incurring such costs_ Failure to obtain suct� approval rr�ay resu�t in such costs being disal�owed far reimbursemet�t. 8. The City wi�l prepare reports, keep records, and perforrz� work so as to enable Mn/DOT to coitect the federal aid soug�t by t�e City. Required reports are Iisted (Mn/t70T Anreement Na. �;?? ! �;) N:1FedAidlA�eementUacest samp[eslArden f{ilis [87 AC Agency Agreement OS.doc 2/516� Page 3 _ _ _ _ _ _ _ _ ___ in the Mn/DOT State Aid Manuai, Delegated Cantx-act Process Checklist, available from Mn/D4T's authorized representative. The City wilI retain all records and reports in accordance with Mn/DOT's record retention sched�le for federal aid projec�s. 9. Upon campletion of the Praject(s}, the T�roject Engineer will determine whether the vvork will be accepted. E. PAYMENTS. 1. The entire cost of the Praject{s) is to be paid from fede�ai funds made avaflable by the FHWA and by other iUnds provided by t�e City. The Ciry will pay any part of the cast or expense of th� Project(s} that is not paid by federal funds. 2. The City will prepare partial esti�nates i�t aecordanee with the terms of the construction cantract for the Pro�ect(s). The Praject Engin�er will certify each partiai estimate_ Fo�lowing ce�tificatifln of the partial est�mate, the CiCy will nnake partial payznents to the Contractor in aceordance vviti� the terms of the cc�nstruction contract for the Pr�ject{s). 3. Fallowing certification of the partial estimate, the City rnay request reimbursement for costs eiigible for federal funds. The City's request will be made t� Mn/DOT and wii� include a copy of the certified partial estimate_ 4. Upon comp�etion o� the Pro�ect{s), the City will prepare a final estimate in accordance with the terms of the constt�action contract for Che Project(s). The Project Engineer will certify the finai estimate_ Foiio�;ving certification of the final estirnate, the City will ma�Ce the fina� pay�ent to ihe Contractor in accardance wi[h the terms of the constructian contract far the �roject(s). S. FoIlawing cer�ification of the final estimate, the City mayrequest reimb�rsement for costs eligible for federai funds. The City's request will be rnade to MnIDOT and wi�l include a copy of tt�e certified fir�al estir�ate aiong with tl�e requlred records. F. LIl1�TT'ATIONS. L The City wili comply with all applicab�e Federal, State, and loca� laws, ordinances, a�d regulations. 2. Nondiscrimination. It is the policy of the Federal Highway Adrninistration and the State of Minnesota that na person in t�e United States will, on ihe grounds of race, colar, or natio�al arigin, be excluded frorn participatian in, be denied the bene�its of, or be subjected to discrirnination under any program or activity receiving Federal %�anciai assistance (42 U.S.C. 2000d): Throug� expansion of the inandate for nondiscrimination inTitie VIand thraug� �araIlellegislatic�n, t�e prescribed 6ases of discrimination incluc�e race, color, se�c, nationai origin, age, (Mn/D07' Aa eement No. `�'? r? r:,) 1V:1FedAidlAgreementVa[est sampleslArden �ii[ls 187 AC Agency Aa eement fl8.doc 21�100 Page 4 _ .... _ and disability. In addition, the Title VI program has been extended to cover all progra�s, activ�ties and services of an er�tity receiving Federal fina�cial assistance, whether such programs and activities are Federally assisted or nflt. Even in the absence af prior discrimir�atory practice or usage, a recipient in administeri�g a prograrr� or activity ta �vhich this part applies, is expected to take affirmative actian to assure that no person is e�cluded from partici�ation in, or is denied the benefits of, t�e program or acti�vity on tf�e grounds of race, calor, national origin, sex, age, or disability. It is the responsibiiity of the City to carry aut the above requirements. 3. Workers' Camper�sation. Any and all employees of the Czty or other persons while engaged in the performance of any work ar services required or permitted by the City und�r t�is agreement will not be considered employees of Mrz/DOT, ar�d any and all cIaims that may arise under the Workers' Cozx�pensation Act of Minnesota on beha�f of said emplayees, or other persans while so e�gaged, will in no way be the ob�igatior� or responsibility af Mn/DOT. The City will require proof of Workers' Compensa.tion Insurance from any contractor and sub- cantractar. 4. Utilities. The City will treat all public, privat� or cooperativeIy awned utiiity facilities w�ich directiy or indirectiy serve the publ�c and which occupy highvcray rights of way in conformaace with 23 �FR G45 "Utilities" which is incorporat�d herein by reference. G. AUDIT. 1. The Caty wi�l coinply with t�e Single Audit Act of I984 and Office of Managerner�t and Sudget �OMB) �ircular A-133, which are incflrporated �erein by referenc�. 2. As provided under Minnesata Statutes Section �5C.05, subdivision 5, ail baoks, recards, dacumet�ts, and accounting procedures and practices of the City ar� subject ta examir�ation �y the Unfted States Government, Mn/DOT, and either tl�e Legislative Auditor or the State A�ditor as appropriate, for a�ninimum af seven years. The City wiI1 be responsible for any costs associated with the p�rformance of t�.e auc�i�. H. MAIlVTENANCE. The City ass�z�es full �•esponsibility for the aperation and maintenance of any facility constr�fcted or improved under this Agreement. I. CLAIMS. The Ci�y ac[cnowledges ChaT Mn/DOT is acting only as the Caty's agent far acceptance and disbursernent of federal funds, and not as a principal or co-prir�cipal with res�ect to the Project. The City will pay any and alI lawfnl cIaims arising out of or incidenta� to the Project including, without lirnitatian, claims related to contractor selectian (including the solicitation, evaluatian, and acceptance or rejection af bids ar praposals), acts or omissions in performing the Project work, and any ultra vires acts. The City will indemnify, defend (to the extent permitted by the Minnesota Attarney {Ivin/DdT A�eement IVa. �•?.? € ii) N_1�edAidlAa ee�nentVatest sasnpleslArden Hills 187 AC A�=ency Agreement 08.doc 2/i/00 Page 5 General), and hold MrJDOT harrnless from ar�y ciaims or costs arising out o� or incidental to the Project{s), including reasonable attoraey fees incurred by Mn/DOT. The CiCy's indernr�ification obligatio� extends to any actions relatec� ta the certification of DBE participation, even if such actions are cecommended by M��IDOT. II. DUTIES OF Mn/DOT. A. ACCEPTANCE. Mn/DOT accepts designation as Ag�nt af the City �or the receipt and disb�rsement of fed.eral f�nds and will act in accorda�ce nerew�th_ � B. PROJECT ACTNTT`IES. Mn/DOT wilI ma�Ce the necessary requests to #�e �'HWA for autharization to use federal funds for the �roject{s), and for reirnbursement of eligible costs pursuar�t to the terms of this agreetnent. 2. MnIDOT will provide to the City copies of the required FederaI-aid clauses to be included in the bid salicitation and wil� pz-ovide the required Federal-aid provisians to be includecE in the Proposal for Highway Construction. 3. Mr►/DOT will review and certify the DBE participatio� and notify the City when certi�cation is complete. If certi��cation of DBE participa�ion (or good fait� efforts ta achieve such participatian) cannot be o�tained, then Ciry must decide whetl�er ta proceed with awarding the cantract. Failure to obtai� s�ch certification will r�suli in the project becorrung ineligible for federal assistance, and the City must make up any shortfaIl. 4. Mn/DOT will provide ttte reqtaired iabor postinas. C. PAYMENTS. i. Mn/DOT will receive the f�dera[ funds to be paid by the FHWA for the Project{s}, pursuant to Mir�nesota Statutes § 16L36, Subdivision 2. 2. Mri/DOT wili reimb�rse tf�e City, fram said �ederal funds made availabie to each Project, for each partial payment request, sub�eet to the availabiliry and limits of fhose funds. 3. Upon co�pletion of the Project(s), Mr�/DOT will perform a�ina� inspection and verify the federal and. state eiigibility of all the payment req�ests. � the Project is fo�nd to ha�e been comp[et�d ir� accordance witi� the plans and specifications, Mn/DOT wiil pror�ptly release any rernaining fecieral funds due t�e City for the Pro�ect(s}. 4. In the eve�t Mn1DOT does not abtain f�nding from the Minnesota L.egislature or other funding source, or fu�ding cannot be cantinued at a sufficient iev�l to aiiow for the �rocessing of the federal aid reimbursement requests, the City may continue the work with lacal funds only, �ntil such time as Mr�IDOT is able to - (t�nIDOT Aa eement [Vo. �:3? i :i) N_1FedAidL4a eementUatest san�pleslArden Hilfs I 87 AC A�ency Agreemcnt 08.doc 215/U0 Page 6 process the federal aid reimbursement requests. D. AUTHORI'TY. MnIDOT may wi�l-iho�d federal f�nds, wl�ere MnID4T or the FHWA determines that the Project(s} was not completed ir� compIiance with federal requirernents. E, INSPECTION. Mn/DQT, the FHWA, or duiy authorized representatives of the state and federal gover�ment will have the right to audit, evaivate and rnonitor the work perforrtaed under this agreement. The City will make avaiiable all books, records, and dacuments pertaining to ti�e work hereunder, �or a minf murn of seven years fot�owing the closing af t�e construction contz-act. III. TORT LiAB�L,TTY. Each party is responsible for its own acts and omissions and the results Chereof to the extent authorized by �aw and �vill nofi be res�ansible for the acts and omissions o� any others and the resuits thereof. The Minnesota Tort Claims Act, Minnesota Statutes SecCion 3.736, governs Mn/DOT liability. N. ASSIGNMENT. Neither party wili assign ar trar�sfer any rights or obiigatians under this agreemer�t wit�out prior written approval af the other party. V. AMENDMENTS. Any amendments/supplements to this Agre�ment wiii be in writzng and executed by th� samc parties who executed the original agreeznent, or t�eir successors in office. VI. AGREEMENT EFFECTIVE DATE. This agreement is effective �pon executi�n by the appropriate State officia�s pursuant �a Minnesota Statutes Sectian 16C.OS. VII. CANCELLATION. Thas agreement may be canceled by the Cfty or MnlDOT at any tirne, with or withouC cause, upon ninety (90} days written notice to the ot�er parry. S�ctz termination wi�l not rerr�ove any unfiilfil�ed F'ina�cia� obligations of the City as set forth in this Agreer�ent. In the �vent of such a canceilation the Ci#y will be entitled to reirr�burserz3ent for Mn/DOT-appraved federally eligible expenses incurred for work satisfactor�ly �erformed on the Project to the date of cancellation subject to the terms of this agreernent. VIII. DATA �RACTICES ACT. The parties wi�l comply with the pravisians of the Min�esota Gov�rnrr�ent Data Practices Act (Minnesata Statutes chapter 13) as it applies to aii data gathered, collected, created, or disserrtinated related to this Agreement. (Mn/DOT Agreetnent [�fo. =2; � (�) N:1FedAidlAo eementuatest sampleslArdcn Hilis � 87 AC Agency Agree�nent QS.doc 2/5/00 p�e � ICV GVITNESS WI-�EREQP, the parties have caused this Agreement to be duly executed intending to be bound thereby. �- C�TY 2. DEPARTMENT �F Tl2ANSPORTATION City certiFes that Che appropriate person(s) have executed the contract on behalf of Ehe City as required By: by appiica6Le articles, bylaws, resoiutions or ordioances �3'� '�'itle: Director State Aid for Local Transportation 3. COMIVIISSIOIYER OF ADMINISTRATiO� $y: By_ Date: (Mn/pflT Agreement A1o. 4"�? i i.;) I�:IFedAidlAa eementl[atest sampleslArclen Hills 1S7 AC Agency Ab eement 08.doc 2/51(10 pag� g