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II r and any and all. claims that may arise under the Workers" Compensation Act of 110 Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligatiOD or responsibility of MnJDOT. The City will require proof of' Workers" Compensation Insurance from any contractor and sub- contractor. 1. The City will comply with the Single Audit Act of 1984 and Office of Managenlent. and Budget (OMB) circular A-133 including arnen dry ents and successors thereto, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section I 6C.05 ), subdivi.sion 5, a] I books, records,, documents, and accounting procedures and practices of the City are subject to excamination by the United States Goverrmient, Mn/DOT, and, either the Legislative Auditor or the State Auditor as appropriate, for a minimurn of six years. The City Neill be responsible for any costs associated with. the performance of audit. I. MANTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constrUcted or improved under this Agreement. 61 CLAIMS. The City ackno fled cles. that MnJD0T is acting only as the City's agent for acceptance and disbursement of federal funds, and not as a principal or co- prinicipal with respect to the Project. The, City will pay any and all lawful claims arising out of or incidental to the Project inclufflng, WithOLIt liniii-ation., claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals),,, 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 Attorney General), and hold Mri/DOT harmless from any claims or costs, arising, out of or incidental to the Project., inc,luding, reasonable attorney fees incurred by MnJIDOT. The City's indemnification obligation extends to any actions related to the certification of DBE participation,. even if such actions, are reconiniended bY Mn/DOT. It DUTIESI OFMnJDOT. A. Mn/DOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. L NIn/D0T will make the necessary requests to the FHWA for authorization to use .0 federal funds for the Project. and for reimbursement of clialble costs pursuant to the ternis of this agreement. ? I I I MnJD0T will provide; to the City copies of the rcqu'red federal -aid clauses to be included in the proposal solicitation and Nvill provide the required Federal-aid Provisions to, be included in the Proposial. (M/1)0T itareement No. 9 _3 4 9 1 Page 6