Resolution No. 2025-73, Authorizing Agreement for State Funded Program for IIJA Discretionary Grant Assistance for University Avenue Corridor Safety Improvements, Project SAP 127-589-002
Resolution No. 2025-73
Authorizing Agreement for State Funded Program for IIJA Discretionary Grant Assistance
for University Avenue Corridor Safety Improvements, Project SAP 127-589-002
Whereas, since 2018 the City of Fridley (City) and the Minnesota Department of
Transportation (MnDOT), among others, have partnered to improve the safety and aesthetics
of the University Avenue (Trunk Highway 47 or TH47) corridor in Fridley; and
Whereas, a summary report was provided by the community to the City and MnDOT in 2019
identifying needed safety and aesthetic improvements; and
Whereas, MnDOT conducted a Road Safety Audit and a Planning and Environmental Linkages
study which concluded in 2024 and included the University Avenue corridor in Fridley which
identified four broad visions for the corridor; and
Whereas, MnDOT completed an Implementation Plan for Trunk Highway 47 in early 2025
including two feasible designs for the corridor; Vision 1 which includes intersection replacement
with roundabouts and Vision 2 which includes replacement of traffic signals and grade
separation to the north; and
Whereas, from 2014 to 2024, fourteen fatal pedestrian crashes have occurred along the study
corridor in the last 10 years (2014 through Sept. 2024); and
Whereas, the City of Fridley has identified its preference for Vision 1, which is more cost-
effective and provides greater safety benefit to the community; and
Whereas, the City of Fridley intends to apply for funding for these improvements to the US
Department of Transportation (USDOT) under their Safe Streets For All (SS4A) program; and
Whereas, the corridor is planned to be under construction to accommodate Metro TransitÔs
future F-Line bus rapid transit (BRT), however, funding does not exist for the Vision 1
improvements; and
Whereas, the City of Fridley has applied to the Commissioner of Transportation of Minnesota
for a grant from the State Program for IIJA Assistance for technical services relating to grant
preparation for the US Department of Transportation (USDOT) Safe Streets For All (SS4A)
program; and
Whereas, the Commissioner of Transportation has given notice that funding for this project is
available; and
Whereas, the amount of the grant has been determined to be $25,000.00 by the scope provided
by the selected consultant;
Now, therefore be it resolved, that the City of Fridley does hereby agree to the terms and
conditions of the grant consistent with Minnesota Laws 2023, Chapter 68, Article 1, Section 2,
Subdivision 5(a), and will pay any additional amount by which the cost exceeds the estimate and
will return any amount appropriated for the project but not required. The proper City officers
are authorized to execute a grant agreement and any amendments thereto with the
Commissioner of Transportation concerning the above-referenced grant.
Passed and adopted by the City Council of the City of Fridley this 9th day of June,
2025
_______________________________________
David Ostwald Ï Mayor
Attest:
Melissa Moore Ï City Clerk
MnDOT Agreement No. 1060160
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STATE OF MINNESOTA
FEDERAL TRANSPORTATION GRANTS TECHNICAL ASSISTANCE AND
IIJA DISCRETIONARY MATCH
GRANT AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), and
("Grantee"):
Public Entity (Grantee) name, address and contact person:
City of Fridley
7071 University Ave NE
Fridley, MN 55432
Contact: James Kosluchar
RECITALS
1. General Funds were appropriated to provide grants for technical assistance to a requesting local unit of government that
seeks to submit an application for a federal discretionary grant for a transportation-related purpose in Minnesota Laws
2023, Chapter 68, Article 1, Section 2, Subdivision 5(a).
2. General funds were appropriated to make state funded grants to a federal grant recipient in Minnesota Laws 2023,
Chapter 68, Article 1, Section 2, Subdivision 5(a).
3. Grantee has been awarded Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match funds
in session law as noted above.
4. Grantee represents that it is duly qualified and agrees to perform all services described in this agreement to the
satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd.1, Grantee agrees to minimize administrative costs as a
condition of this agreement.
AGREEMENT TERMS
1 Term of Agreement, Survival of Terms, and Incorporation of Exhibits
Effective Date. This agreement will be effective on the date the State obtains all required signatures under Minn.
Stat.§16B.98, Subd. 5. As required by Minn.Stat.§16B.98 Subd. 7, no payments will be made to Grantee until this
agreement is fully executed. Grantee must not begin work under this agreement until this agreement is fully
executed and Grantee has been notified by the StateÓs Authorized Representative to begin the work.
Expiration Date. This agreement will expire on December 31, 2027, or when all obligations have been
satisfactorily fulfilled, whichever occurs first.
Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in
order to give effect to their meaning will survive the expiration or termination of this agreement, including, without
limitation, the following clauses: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual
Property; 11. Workers Compensation; 12. Governing Law, Jurisdiction, and Venue; and 14. Data Disclosure.
Exhibits. Exhibit A: Sources and Uses of Funds Schedule; Exhibit B: Grant Application; and Exhibit C: Grantee
Resolution Approving Grant Agreement are attached and incorporated into this agreement.
2 GranteeÓs Duties
Grantee will conduct activities in accordance with its grant application, or in the case of legislatively selected
projects, in accordance with the enabling session law, which is attached to this Agreement as Exhibit B.
Grantee will comply with all required grants management policies and procedures set forth through
Minn.Stat.§16B.97, Subd. 4 (a) (1).
Asset Monitoring. If Grantee uses funds obtained by this agreement to acquire a capital asset, the Grantee is
required to use that asset for a public purpose for the normal useful life of the asset. Grantee may not sell or change
the purpose of use for the capital asset(s) obtained with grant funds under this agreement without the prior written
consent of the State and an agreement executed and approved by the same parties who executed and approved this
agreement, or their successors in office.
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3 Time
Grantee must comply with all the time requirements described in this agreement. In the performance of this grant
agreement, time is of the essence.
4 Consideration and Payment
Consideration. The State will pay for all services performed by Grantee under this agreement as follows:
4.1.1 Compensation. Grantee will be reimbursed for actual, incurred costs that are eligible under in Minnesota
Laws 2023, Chapter 68, Article 1, Section 2, Subdivision 5(a). Grantee shall use this grant solely to reimburse
itself for expenditures it has already made to pay for the costs of one or more of the activities listed under
section 2.1.
4.1.2 Sources and Uses of Funds. Grantee represents to State that the Sources and Uses of Funds Schedule
attached as Exhibit A accurately shows the total cost of the project and all of the funds that are available for
the completion of the project. Grantee agrees that it will pay for any costs that are ineligible for reimbursement
and for any amount by which the costs exceed StateÓs total obligation in section 4.1.3. Grantee will return to
State any amount appropriated but not required.
4.1.3 Total Obligation. The total obligation of the State for all compensation and reimbursements to Grantee under
this agreement will not exceed $25,000.00.
Payment
4.2.1 Invoices. Grantee will submit state aid pay requests for reimbursements requested under this grant agreement.
The State will promptly pay Grantee after Grantee presents an itemized invoice for the services actually
performed and the State's Authorized Representative accepts the invoiced services.
4.2.2 All Invoices Subject to Audit. All invoices are subject to audit, at StateÓs discretion.
4.2.3 StateÓs Payment Requirements. State will promptly pay all valid obligations under this agreement as
required by Minnesota Statutes §16A.124. State will make undisputed payments no later than 30 days after
receiving GranteeÓs invoices and progress reports for services performed. If an invoice is incorrect, defective
or otherwise improper, State will notify Grantee within ten days of discovering the error. After State receives
the corrected invoice, State will pay Grantee within 30 days of receipt of such invoice.
4.2.4 Grant Monitoring Visit and Financial Reconciliation. During the period of performance, the State will
make at least annual monitoring visits and conduct annual financial reconciliations of GranteeÓs expenditures.
4.2.4.1 The StateÓs Authorized Representative will notify GranteeÓs Authorized Representative where and
when any monitoring visit and financial reconciliation will take place, which State employees and/or
contractors will participate, and which Grantee staff members should be present. Grantee will be
provided with at least seven calendar days of notice prior to any monitoring visit or financial
reconciliation.
4.2.4.2 Following a monitoring visit or financial reconciliation, Grantee will take timely and appropriate
action on all deficiencies identified by State.
4.2.4.3 At least one monitoring visit and one financial reconciliation must be completed prior to final
payment being made to Grantee.
4.2.5 Unexpended Funds. The Grantee must promptly return to the State at grant closeout any unexpended funds
that have not been accounted for in a financial report submitted to the State.
4.2.6 Closeout. The State will determine, at its sole discretion, whether a closeout audit is required prior to final
payment approval. If a closeout audit is required, final payment will be held until the audit has been
completed. Monitoring of any capital assets acquired with grant funds will continue following grant closeout.
Contracting and Bidding Requirements. If Grantee is a municipality as defined by Minn. Stat. § 471.345,
subdivision 1, then Grantee shall comply with the requirements of Minn. Stat. § 471.345 for all procurement under
this Agreement.
5 Conditions of Payment
All services provided by Grantee under this agreement must be performed to the StateÓs satisfaction, as determined at
the sole discretion of the StateÓs Authorized Representative and in accordance with all applicable federal, state, and
local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be
unsatisfactory or performed in violation of federal, state, or local law.
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6 Authorized Representatives
The State's Authorized Representative is:
Marc Briese,
Programs Engineer,
MnDOT State Aid Office
395 John Ireland Boulevard, MS 500
St. Paul, MN 55155
Office: 651-366-3802
marc.briese@state.mn.us
or his/her successor. StateÓs Authorized Representative has the responsibility to monitor GranteeÓs performance
and the authority to accept the services provided under this agreement. If the services are satisfactory, the State's
Authorized Representative will certify acceptance on each invoice submitted for payment.
GranteeÓs Authorized Representative is:
James Kosluchar
Director of Public Works and Engineering
7071 University Avenue NE
Fridley, MN 55432
763-572-3554
jim.kosluchar@fridleymn.gov
If GranteeÓs Authorized Representative changes at any time during this agreement, Grantee will immediately
notify the State.
7 Assignment Amendments, Waiver, and Grant Agreement Complete
Assignment. The Grantee may neither assign nor transfer any rights or obligations under this agreement without
the prior written consent of the State and a fully executed Assignment Agreement, executed and approved by the
same parties who executed and approved this agreement, or their successors in office.
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.
Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or
the StateÓs right to subsequently enforce it.
Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State
and Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind either
party.
7.5 Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using
electronic signatures and converting original documents to electronic records.
7.6 Certification. By signing this Agreement, the Grantee certifies that it is not suspended or debarred from
receiving federal or state awards.
8 Liability
Grantee and State agree that each will be responsible for its own acts and the results thereof to the extent authorized by
law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of State is
governed by the provisions of Minn. Stat. Sec. 3.736. If Grantee is a ÐmunicipalityÑ as that term is used in Minn. Stat.
Chapter 466, then the liability of Grantee is governed by the provisions of Chapter 466. GranteeÓs liability hereunder
shall not be limited to the extent of insurance carried by or provided by Grantee, or subject to any exclusion from
coverage in any insurance policy.
9 State Audits
Under Minn. Stat. £ 16B.98, Subd.8, the GranteeÓs books, records, documents, and accounting procedures and practices
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of Grantee, or other party relevant to this grant agreement or transaction, are subject to examination by the State 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. Grantee will take timely and appropriate action on all deficiencies identified by an
audit.
10 Government Date Practices and Intellectual Property Rights
Government Data Practices. Grantee and State must comply with the Minnesota Government Data Practices
Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies
to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee 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 Grantee or the State.
11 Workers Compensation
The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workersÓ compensation
insurance coverage. The GranteeÓs employees and agents will not be considered State employees. Any claims that may
arise under the Minnesota WorkersÓ 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 the StateÓs 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
Termination. The State or Commissioner of Administration may unilaterally terminate this agreement at any
time with or without cause, upon written notice to the Grantee. Upon termination, the Grantee will be entitled to
payment, determined on a pro rata basis, for services satisfactorily performed.
Termination for Cause. The State may immediately terminate this grant agreement if the State 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 Grantee has been convicted of a criminal offense relating to
a state grant agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled.
The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse
additional funds and requiring the return of all or part of the funds already disbursed.
Termination for Insufficient Funding. The State may immediately terminate this agreement if:
13.3.1 It does not obtain funding from the Minnesota Legislature; or
13.3.2 If funding cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination must be by written notice to the Grantee. The State is not obligated to pay for any services
that are provided after notice and effective date of termination. However, the Grantee will be entitled to
payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are
available. The State 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. The State will provide
the Grantee notice of the lack of funding within a reasonable time of the StateÓs receiving that notice.
Suspension. The State 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 Grantee
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, Grantee consents to disclosure of its social security
number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to
the State, 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 Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
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15 Fund Use Prohibited. The Grantee 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 Grantee from utilizing these funds to pay any party who might
be disqualified or debarred after the GranteeÓs contract award on this Project.
16 Discrimination Prohibited by Minnesota Statutes §181.59. Grantee 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 grant 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 Limitation. Under this Agreement, the State is only responsible for receiving and disbursing funds. Nothing in this
Agreement will be construed to make the State a principal, co-principal, partner, or joint venturer with respect to the
Project(s) covered herein. The State may provide technical advice and assistance as requested by the Grantee, however,
the Grantee will remain responsible for providing direction to its contractors and consultants and for administering its
contracts with such entities. The GranteeÓs consultants and contractors are not intended to be third party beneficiaries
of this Agreement.
18 Additional Provisions
Prevailing Wages. Grantee agrees to comply with all of the applicable provisions contained in Minnesota Statutes
Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be
amended or replaced from time to time with respect to the project. By agreeing to this provision, Grantee is not
acknowledging or agreeing that the cited provisions apply to the project.
E-Verification. Grantee agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification
of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United
States, and that it will, if and when applicable, fully comply with such order.
Telecommunications Certification. If federal funds are included in Exhibit A, by signing this agreement Grantee
certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. 115-232 (Aug. 13, 2018), Grantee does not and will not use any equipment, system, or service that uses
Ðcovered telecommunications equipment or servicesÑ (as that term is defined in Section 889 of the Act) as a substantial
or essential component of any system or as critical technology as part of any system. Grantee will include this
certification as a flow down clause in any contract related to this agreement.
Title VI/Non-discrimination Assurances. Grantee 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 Exhibit A, Grantee will ensure the appendices and solicitation language within the assurances are
inserted into contracts as required. State may conduct a review of the GranteeÓs compliance with this provision. The
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Grantee must cooperate with State throughout the review process by supplying all requested information and
documentation to State, making Grantee staff and officials available for meetings as requested, and correcting any areas
of non-compliance as determined by State.
Use, Maintenance, Repair and Alterations. The Grantee shall not, without the written consent of the State and
the Commissioner, (i) permit or allow the use of any of the property improved with these grants funds (the Real Property)
for any purpose other than in conjunction with or for the operation of a county highway, county state-aid highway, town
road, or city street and for other uses customarily associated therewith, such as trails and utility corridors , (ii)
substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations,
or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be
used for the purposes set forth in section (i), (iii) take any action which would unduly impair or depreciate the value of
the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property
in violation of any law, ordinance or regulation.
If the Grantee fails to maintain the Real Property in accordance with this Section, the State may perform whatever acts
and expend whatever funds necessary to so maintain the Real Property, and the Grantee irrevocably authorizes the State to
enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions
taken or funds expended by the State shall be at its sole discretion, and nothing contained herein shall require the State to
take any action or incur any expense and the State shall not be responsible, or liable to the Grantee or any other entity, for
any such acts that are performed in good faith and not in a negligent manner. Any funds expended by the State pursuant
to this Section shall be due and payable on demand by the State and will bear interest from the date of payment by the
State at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year.
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DEPARTMENT OF TRANSPORTATION
GRANTEE
Approval and Certifying Encumbrance as required by
The Grantee certifies that the appropriate person(s) have
Minnesota Statutes § 16A.15 and 16C.05
executed the grant agreement on behalf of the Grantee as
required by applicable articles, bylaws, resolutions, or
ordinances.
By:
By: __________________________________
Title:
State Aid Programs Manager
(with delegated authority)
Date:
Date: ________________________________
By:
DEPARTMENT OF TRANSPORTATION
Title:
CONTRACT MANAGEMENT
Date:
By:
By:
Date:
Title:
Date:
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EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE
SOURCES OF FUNDS USES OF FUNDS
Entity Supplying Funds Amount Expenses Amount
State Funds: Items Paid for with
2023 IIJA Tech Assistance $25,000.00 General Fund Grant
General Fund Grant, Funds:
SAAS Acct 413
ĻĭŷƓźĭğƌ ğƭƭźƭƷğƓĭĻ ƦƩƚǝźķĻķ ĬǤ ğ $25,000.00
ĭƚƓƭǒƌƷğƓƷ Ʒƚ źķĻƓƷźŅǤ ğƓķ ğƦƦƌǤ
ŅƚƩ ŅĻķĻƩğƌ ƷƩğƓƭƦƚƩƷğƷźƚƓΏƩĻƌğƷĻķ
ķźƭĭƩĻƷźƚƓğƩǤ ŭƩğƓƷ ƚƦƦƚƩƷǒƓźƷźĻƭ
Other:
________________ $___________ $___________
________________ $___________ $___________
________________ $___________ $___________
Subtotal $25,000.00 Subtotal $25,000.00
Public Entity Funds: Items paid for with Non-
Matching Funds $0.00 General Fund
Grant Funds:
Other: ________________ $___________
________________ $___________________________ $___________
________________ $___________________________ $___________
________________ $___________
Subtotal $0.00 Subtotal $0.00
TOTAL FUNDS $25,000.00 = TOTAL PROJECT COSTS $25,000.00
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EXHIBIT B
GRANT APPLICATION
Attach the grant application for the project
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EXHIBIT C
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT
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RESOLUTION
State Funded Program for IIJA Discretionary Grant Assistance
Terms and Conditions
SAP 127-589-002
June 9, 2025
WHEREAS, the City of Fridley has applied to the Commissioner of Transportation for a grant from the State
Program for IIJA Assistance; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and
WHEREAS, the amount of the grant has been determined to be $25,000.00 by the scope provided by the selected
consultant;
NOW THEREFORE, be it resolved that the City of Fridley does hereby agree to the terms and conditions of the
grant consistent withMinnesota Laws 2023, Chapter 68, Article 1, Section 2, Subdivision 5(a), and will pay any
additional amount by which the cost exceeds the estimate and will return any amount appropriated for the project
but not required. The proper City officers are authorized to execute a grant agreement and any amendments thereto
with the Commissioner of Transportation concerning the above-referenced grant.
Signatures
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