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IV.7. Subordinate Funding Agreement 01 – Southwest LRT; Elverum (CR2015-064) Reference Numbers: SWLRT Project: 61001 Metropolitan Council: 14I059A City of Hopkins: ___________ PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT MASTER AGREEMENT: Master Funding Agreement City of Hopkins PARTIES TO AGREEMENT: Metropolitan Council (ncil City of Hopkins City SUBORDINATE FUNDING AGREEMENT th City of Hopkins - SFA 01 (Water & Sanitary Sewer under 17 Ave) This Subordinate Funding Agreement with the City of Hopkins-01 is entered into by and between the above named Parties. WHEREAS: 1.The Parties entered into a Southwest Light Rail Transit Project (Project) Master Funding Agreement , effective April 1, 2015. 2.The Parties provided in the MFA that certain aspects of funding for the Project or components related to but not part of the Project would be determined in subsequent SFAs. 3.The Parties desire to enter into this SFA to transfer City funds to reimburse the cost for Council activities for professional services to produce design plans, complete required federal, state, and local environmental documentation, and prepare a construction cost estimate for proposed components related to, but not part of the Project. 4.The Parties acknowledge that the planning of the Project will require numerous federal, state and local processes, approvals and funding commitments. The environmental review and other processes for the Project are ongoing and the Project is subject to change to address those processes. The outcomes of those processes may affect whether the components requested in this SFA will ultimately be constructed. NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as : follows Maximum Amount of Authorized Funding. 1. and administration activities authorized by this SFA shall not exceed $14,730 unless authorized in a subsequent agreement or an amendment to this SFA. The Maximum Amount of Authorized Funding is subject to amendment based on, but not limited to, additional environmental documentation, as determined necessary. SFA Budget. 2.The budget for the activities described in this SFA is provided as Exhibit A. City funds provided for this SFA may only be costs for activities directly incurred within the described Description of Activities and as detailed in the MFA. Description of Activities. 3.The activities to be performed by the Council and reimbursed by the City include the development of design plans, completing required federal, state, and local environmental documentation, and a construction cost estimate for installation of a water main th and sanitary sewer generally located under 17 Avenue starting from Excelsior Boulevard then southward to the second roundabout, and installation of a water main from the roundabout heading east to the limits of the Metro Transit Park and Ride site to an existing main in the City If authorized by the City, the Utilities are anticipated to be constructed by the Project. The Council will incorporate the Utilities design plans as a bid alternate in the proposed Project construction bid documents if: a) the environmental review of the Project and the components described in this SFA allow the construction of the Utilities; and b) the Project is permitted to proceed to construction. The Utilities construction specifications will be incorporated in the overall specifications within the Project construction bid documents. No separate or stand alone specifications for the Utilities design plans will be created. After the Council selects a Project construction bid and the bid alternate is public, the City will determine whether or not to accept the bid alternate. If the City chooses to accept the bid alternate, the City is required to enter into a subsequent SFA authorizing the Council to construct the bid alternate and reimburse the Council costs. Environmental Documentation 4.. The lead federal agency Council is the Responsible Governmental Unit under the Minnesota Environmental Policy Act of the Project, including the components described in this SFA proposed to be constructed as part of the ProjectNotwithstanding any contrary language in the MFA or this SFA, the disclosure of ͵ draft environmental documents are subject to the Minnesota Government Data Practices Act, Minn. Statutes, Chapter 13, and applicable federal law and the Council in its sole discretion shall determine when such documents can or will be shared with the City. Release of Design Plans. 5.If the City does not enter into an SFA with the Council to construct the Utilities along with the construction of the Project, but requests the Council to release the Utility design plans to the City for the purpose of current or future use of the plans, the Council shall release the design plans provided an amendment to this SFA or subsequent agreement is executed by the Parties to address indemnification, liability, claims, access, copyright, and related issues as a result of the release of the Utilities design plans. Property Acquisition. 6. If it is necessary to acquire property rights for the Utilities, subsequent agreements must address property access, acquisition, disposition, and other real property matters needed to construct the Utilities beyond what is required to construct the Project. Page 2 of 4 Project Activity Periods. 7. The term of this SFA shall be effective as of April 1, 2015 and shall terminate on the date all costs under this SFA have been reimbursed, unless terminated earlier by the Council consistent with the terms of the MFA. Notwithstanding the terms of this SFA or the MFA, the City agrees that it shall not terminate this SFA prior to the issuance of a Record of After issuance of the ROD, the City may terminate this SFA as provided in the MFA. No Guarantee of Construction. 8.This SFA describes terms requiring the City to reimburse the Utilities. It does not guarantee that the Utilities will satisfy environmental review or be constructed.The City and the Council acknowledge that nothing in this Agreement shall require the Council to take any action or make any decision that will prejudice or compromise any review or decision-making processes required under state and federal environmental review laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with statutory and other legal authorities, including but not limited to the MEPA and the NEPA. The Parties agree that this SFA does not limit the alternatives or mitigative measures that the Council may undertake in the development and construction of the Project. The Council retains the right to make decisions and necessary approvals associated with Project requirements. Incorporation. 9.The terms, conditions, and definitions of the MFA are expressly incorporated into this SFA. METROPOLITAN COUNCIL CITY OF HOPKINS By: By: Its: Its: Date: Date: By: Its: Date: Page 3 of 4 Exhibit A th SFA Budget - Water and Sanitary Sewer Under 17 Avenue Item Cost Professional Services Design Cost $10,000 1 Environmental Documentation Cost 4,301 Professional Services Subtotal $14,301 Administrative Fee (3% of Professional Services) 429 $14,730 Maximum Amount of Authorized Funding 1 Additional environmental documentation (e.g., cultural resources survey, contaminated property investigation, etc.) may be required and authorized in a subsequent agreement or amending this SFA, as determined necessary. Page 4 of 4