Agenda - Council - 10/10/2006 - Laserfiche WebLink

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Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of Mn/DOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of Mn/DOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub - contractor. Utilities. The City will treat all public, private or cooperatively owned utility - facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated herein by reference. AUDIT. II. DUTIES OF Mn/DOT. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A- 133, ,. which are incorporated herein by reference.; 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of seven years. The City will be responsible for any costs ,, associated with the performance of the audit. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. CLAIMS. The City will pay any and all lawful claims arising out of or incidental to the performance of the Project(s) work. The City acknowledges that Mn/DOT is acting only as the City's agent for receipt and disbursement of federal funds, and not as a principal or co- principal with respect to the Project(s). In all events, the City will indemnify Mn/DOT and hold Mn/DOT harmless from any claims arising out of the Project(s). ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. PROJECT ACTIVITIES. 1. Mn/DOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s), and for reimbursement of eligible costs . pursuant to the terms of this agreement. 2. Mn/DOT will provide to the City copies of the required Federal -aid clauses to be included in the bid solicitation and will provide the required Federal -aid —155—