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85-1504 �NHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAUL Council ,J'� CANARV - DEPARTMENT Flle NO. ��• O� BLUE - MAVOR t uncil Resolution , Presented By � � Referred To Committee: Date Out of Committee By Date WHEREAS, the construction of the 35E Parkway will have a temporary termination at St. Clair Street; and WHEREAS, the temporary termination will result in increased traffic on St. Clair and St. Albans Streets; and WHEREAS, the City and State believe an evaluation of traffic operations is required in the area of St. Clair and St. Albans Streets; and WHEREAS, the City and State agree to share in the costs of this traffic operations evaluation; and WHEREAS, the State proposes to pay to the City a lump sum amount which is based on the costs to the City for providing this traffic operations evaluation; and WHEREAS, by virtue of Minn. Stat. 161.30 (1984), the Commissioner of Transportation and the road authority of cities, townships, counties, state departments or agencies may enter into agreements to provide technical and engineering assistance for surveys, plans or perform maintenance on any highway, street, road or bridge under the jurisdiction of the requesting road authority. NOW, THEREFORE, BE IT RESOLVED, the City Council authorizes proper city officials to sign agreement 63011 between the Minnesota Department of Transportation and the City of St. Paul for the purpose of analyzing the affects of, and possible remedies for, increased traffic on St. Albans and St. Clair Streets caused by the temporary termination of I-35E at St. Clair Street. COUNCILMEN Requested by Department of: Yeas p�� Nays � nnasanz � in Favor ��. Scheibel � sonnen A gainst BY Tedesco Wilson N�V - 7 1985 Form App v d y City Attor y Adopted by Council: Date , Certified Pa s b Council Se tar BY �� By . A►ppr by �Vlavor: Date '��v — � �� Approve by ayor S i ' n to Council By B �'�.�;._ , _ �i�v ,_. , . -- R_��. � � _- � r w : < " p . �:: .ay � ••� , �.. .�. . . .. ..:_... _ . �.< �.:,.: . �... . .. ' � .., .. � ....:..,-� . , � . _. .... ..�..,::�� '� � ' . . . �, � ' . STATE OF MINNESOTA - ��/�� _,. • � , _ CONTRACTUAL (non-state employee) SERV ICES � " � Agreement No. 63011 Trn. No. Account I.D. Organization F,Y. Requisition No. Ve�dor Number Type Terms Cost Code 5 . CD.1 .CD.2 C:CD.3 A40 676�68 79000 6 Q � V o0o1�rT Cost Code 4 Amount Suffix Object $4,250.00 O1 153 SENO � TYPE OF TRAN'SACTION: ' �' . _ _ . . ,. _ .; p aao p aa� ./D �3�� l`J/ 9"� d by ' Date Number ❑ A44 ❑ A45 ❑ A46 Entered by. Date Numtier � NOTICE TO CONTRACTOR: You are required by Minnesota Statutes, 1981 Supplement, Section 270.66 to provide your social security n;amber or Minnesata tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. This contract will not be approved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel'involved in the payment of state obligations. THIS CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota, between the State of.Minnesota, acting through its Department of Transportatton (Mn/DOT) (hereinafter STATE) and th'e Ci ty of .St.. Pau1 _ . address 25 West Fourth Street St. Paul Minnesota 55102 Soc.Sec.or MN Tax I.D. No. N�A Federal Employer I.D. No. (if applicable) N A � ihereinafter CONTRACTOR►,witnesseth that: , WHEREAS,theSTATE,pursuanttoMinnesotaStatutes 161 .39(1984) the Ccmmissioner of ;sempowered�to- Transoortation is authorized to make aareements with and cooperate with anv goverrmental authority for the Rurpose af constructing, maintaining and im�roving the ,x�xdc -�AFHER��, t runk h i ghway sys tem ,and WHEREAS,� represents that it is duly qualified and willing to perform the services set forth herein, NOW,THEREFO�E,it is agreed: E C I TY I. g��DUTIES (Attach additional page if necessary). ��(ij�'�(��pj(��p�j�� shall: Perforn� the duties ana be subject ta all the terms and provisicns ccntained in tFie attached Agreement described as Department of Transportation Agreement No. 63011 . - - - . ._ . ,.._,.� . � ,, c, �, �, ,� <; ' ` II. CONSIDERATION AND TERMS OF PAYMENT. See attached Agreement. ;'� ; j I � ` . A. Consideration for all services performed and goods or materials supplied by CONTRACTOR pursuant to thitrcontiact�shall be paid by the STATE as follows: � J` � � ; � !� �`�:...� 1. Compensation 1 \ : " 2. Reimbursement for travel and subsistence expenses actually and necessarily incurred by COI�TRACTaR performance of this contract in an amount not to exceed 'dollars ($ 1; provided, that CONTRACTOR shall be reimbursed for travel and subsistence'expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations. CONTRACTOR shall not be reimbursed for travel and subsistence expenses incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from the STATE. The total obligation of the STATE for all compensation and reimbursements to CONTRACTOR shail not exceed dollars ($ ). B. Terms ot Payment 1. Payments shall be made by the STATE promptly after CONTRACTOR'S presentation of invoices for services pertormed and acceptance of such services by the STATE'S authorized agsnt pursuant to Clause VI. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: 2. (When applicable) Payments are to be made from federal funds obtained by the STATE through Title of the Act of _ (Public law and amendments thereto). tf at any time such funcls become unavailable, this contract shall be tern�inated immediatety upon written r�otice of such fact by the STATE to CONTRACTOR. In the event of such termination;, CONI'RACTOR shall be entitled to payment, determined orr a pro rata basis,for services satisfactorily performed. � , r.�-000sro2 ciis2i '�.\ (�.DM�N. 7057) - . . . . - . . . , ..., ,�� - - ... ,r..:..s-�rl,�w-. .,_:__� -e,...�(. .°_ �._.. - k��n.s.S. R�;*�......��_._..a.�,...:;,..t c ��'-a..�?� �___a..�__:3`_:. . . .. _...._. a ....,.._ . _..,.__ .?a�•>,,,. .s�.�.J. :... i+i. C:U�1U1 �IONS OF PAYMENT. Ali serv�cES provided by COiVTRACTOR pursuant to this contract shail be performec�'t��s`sa��'�"" isfaction af the STATE, as determined in the sole discretion of its authorized agent, and in accord with al{ appiicable.feder�,�state-`.� . ard '.o;.al laws, ordinances, rules and regulations. CONTRACTOR shall not receive payment for work found by the SZ'ATE�to be �a� � - v. P See attached Agreement. * ,. ; u:�sa.��factor or z�fqrmed-tin violation of federal,state or locai law,ordinance rule or•re t�dation., _ , . s . 9 �� i,. �'=RP�1 OF CONTRACT. This coniract shall be Effective or� ' , 19 . ,or upnr >.•-? data as it is executed as to encumbrance h�� -- Commissioner of Finance, whichever occurs later, and shall remair °,?.etr:;;,: unti{= > ----- — ._ _-_, 19 , �;�r until all obligations set forth in this contract have been �.:.:�°s:..iorify fulfilled, � -� - �� • � ` �ce attached Agre=:,r�ent. . �•„._�ti��tfUiV. This contract may be cancelled ity the STATE or CCNTRACTOR at any tim., ��;�th or without cause, upot�.; thirty (30) days' �vritten notice to the other party. In the event ot such a cancellation CC�V rRACTOR shall be entitled to Fayment, d�termined on a pro rata basis, for work or services satisfactorily performed. $�e attached Agreerr�ent. , . S�.4 i E'S AUTI-tOR IZED AGENT. The STATE'S authorized agent for the N�:;poses of administration of this contract is — Q4Ke£�,AK — Off i c� Of �011�I1.�tant Fnn i nPar i r.r Sp,,,..K�t iT Ac S�cn ar,ent st;all have final authority for acceptance of CONTRt1CTGR'S services and if such services are accepted as satisfactqry, shali so certify on each invoice submitted pursuant to Clause �I, paragraph B. �J'I. ASSiGNMENT. CONTRACTOR shall neither assign nor transfer any rights or obligations underthiscontract without the prior writtzn r,onsent of the STATE. V!I!. Ai;tEN�MENTS. Any amendments to this contract shall be in writing, and shall be executed by the same parties who executed the original cnntract, or their successors in office. See attached A.greerr�ent. IX. LIABILITY. CONTRACTOR agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims or causes of action arising from the performance of this contract by CONTRACTOR or CONTRACTOR'S agents or employees. This clause shall not be construed to bar any legal remedies EONTRACTOR`may have for the STATE'S failure to fulfi(I iis obligations pursuant to this contract. $ee attached F,greer�ent. ' ::. STATE AUDITS. The books, records, documents, and accounting procedures and practices of the CONTRACTOR relevant to this contraci sha!! be subject to examination by the contracting department and the legislative auditor. � Xf. c�V1�'NERSHIP OF QOCUMENTS. Any repor*_s, studies, photographs, negatives, or other documents prepared by CONTRACTOR in the performance of its obligations under this contract shall be the exclusive property of the STATE and all such materials shalf be remittad to the_ STATE by CONTRACTOR upon completion, termination or cancellation of this contract.COIVTRACTOR sF�all not use, willingly allow or cause to have such matarials used for ar1Y Aurpose other than performance of CONTRACTOR'S obti, ga�iens,under this.contract without the pri4r written consent of the STATE._ $e� �ttaehed �Sgreement. , XII. AFFIRMAT;VE ACTICN. (When applicable) CONTRACTOR�certifies that �it�has received a certificate of comptiance,from the Commissioner of Human Rights pursuant to Minnesota Statutes, 19$1 Supplement, Section 363.073. � ;<Il1. �VORKERS' COMPENSATION. In accordance with the provisions of Minnesota Statutes, 1981 Supplemenr, Sectian 176.182, the S�A'T'� affirms that CONTRACTOR has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, 1981 Supplement, Section 176.181, Subdivision 2. XIV. ANTITRUST. CONTRACTOR hereby assigns to the State of Minnesota any and all claims for overcharges�as�to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrusi laws of the United States and the arrtitrust laws of the Siate'of Minnesota.� - - - • • XV. 07NER PROV(SIOtdS. {Attach ad'ditional page.if necessary)`. - : . ' See Attached Agreement. {N WITNESS WHEREOF, the pariies have caused this contract to be duly executed intending to be bound thereby. APPR�VED:.,. NOTE: Remove carbons before obtaining signatures. ' ` a � As to form and execution by the 1Q ��4�Gi��i�4VG�� CITY: � Q3 ATTORNEY GENERAL: (!f a corpo�ation,two.c:orporate officers must execute.) ' Bv ; i, � ;\�,! , � � sv - �. �� . > � i 'e_ i t �� ;,� � ..c_ �. � T ' , � ci � � Tiile ` �' 4'' _ Dato Ma or " , i� ��' � L,�W `h - Date � +,• .� U - �-`�b- �S"� -- � -�=� ` .,�� +�= � 4Q COMMISSIONER OF ADMINISTRATION: BY � By(authorized signature) Tir.le Oate �Jirector of Finance & i�lana ement � Da*e � STAT€ AGEIVCY OR DEPATiTMEIVT: Q5 COMMISSIONEfi OF FINANC�: Sr y lauthorized signature) � ' By (Encumb�ance Center authorized signature) t T;st e Data Jate -- � � � !'Vhire — Finance Uepartment � Blue — Agency Accounting Unit Canary — Contractcr > Salmo� — Administration Department Pir.k — Agency Suspense Copy % Green — Agency Work Copy � PED - Pl�nning DEPARTMENT �,�IC��' �`�y No 265�� Pegqy Reichert CONTACT 7494, ext. 253 PHONE � �� October 23, 1985 DATE e e� ;ASSIGN NUMBER FOR ROUTING ORpER (Clip Al1 Locations for Signature) : 1 Department Director 3 Director of Management/Mayor 5 Finance and Management Services Director-signature 4 City Clerk Budget Director and distribution 6 Mayor-si nature (Agreement) , � City Attorney (Resolution) � Peggy Reichert-PED , i y er - i y ea on greemen s WHAT WILL BE ACHIEVED BY TA�CING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : The City will secure funds (up to $4,250) from the Minnesota Depar�,{��of Transportation for the purpose of studying traffic problems caused on St. Albans St�.£��'�'the temporary termination of I-35E at St. Clair Street. � 19a5 pCT 2 = MAYOR'S OFFICE COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: Funds from �linnesota Department of Transportation will be used to supplement (on a cost-sharing basis) the City's contract with Strgar-Roscoe-Fausch, Inc. for the purpose of assisting staff on I-35E Parkway analyses (Task #2). FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction; $4,250 quired if under $10,000) Funding Source: Minnesota Department of Transportation Activity Number: 36020-219-000 r��c�ivEo ATTACHMENTS (List and Number Al1 Attachments) : 1. Ci ty Counci 1 Resol ution O�fi 2 4 �� 2. Six (6) Copies of Agreement 63011 ��lAYOR'S OfFICE DEflARTMENT REVIEW CITY ATTORNEY REVIEW �Yes No Council Reso�ution Required? Resolution Required? X Yes No Yes No Insurance Required? Insurance Sufficient? Yes No Yes No Insurance Attached: ^ , (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 - � � . . �.- �� DESIGN SERVICES AGREEMENT NO. 63011 MINNESOTA DEPARTMENT OF TRANSPORTATION- AGREEMENT FOR TRAFFIC OPERATION EVALUATION `, S.P. 6280-23Z (3SE) Agreement between The State of Minnesota Department of Transportation and The City of St. Paul , Minnesota ___ _ _._ . RE: Traffic Operation Evaluation � INDEX PAGE Title_Sheet and Index - , 1,_ Parties to the Agreement 3 Explanation & Justification 3 Section 1.0 - Location of the Work 4 Section 2.0 - Services to be Provided by the City 4 Section 3.0 - Services and Data to be Furnished 5 by the State Section 4.0 - Time Schedule 6 Section 5.0 - Payment to the City 6 Section 6.0 - Termination, Dispute and Submittal of 8 Contract Documents Section 7.0 - Compliance with Laws 9 Section 8.0 - Registration 10 - 1 - ;/ c C. -�� 63011 Section 9.0 - Conferences lq Section 10.0 - Inspection 10 Section 11.0 - Subletting 11 Section 12.0 - Claims 11 Section 13.0 - Contingent Fee 12 Section 14.0 - Nondiscrimina.tion Regulations 13 Section 15.0 - Furnishing of Information to the State 13 � 5ection 16.0 - Maintenance of Documents and Records 13 Section 17.0 - Use of Designs and Reports 14 Section 18.0 - Accuracy of Work /l � 24 Section 19.0 - Approvals � 14 '� ` - 2 - : = (' -� � � `�. r �--� ''•-� `_ �� `/S�� 63011 This Agreement made and entered into by and between the State of Minnesota , Department ot Transportation, hereinafter referred to as th.e "State" and the City of St. Paul , Minnesota, acting by and through its City Council , hereinafter referred to as the "City" . WITNESSETH: WHEREAS the construction of the 35E parkway will have a temporary � termination at St . Clair Street , and ti4HEREAS the temporary termination will result in increased traffic on St. Clair and St. Albans Streets, and � WHEREAS the City and State believe an evaluation of traffic operations is required in the area of St. Clair and St. Albarts Streets, and . _. ___ WHEREAS the City and State agree to share in the costs o£ this traffic operations evaluation, and WHEREAS the State proposes to pay to the City a lump sum amaunt which is based on the costs to the City for providing this traffic operations evaluation, and 4aHEREAS by virtue of Minn. Stat. 161 . 39 (1984) , the Commissioner of Transportation and the road authority of cities, townships, counties, state departments or agencies may enter into agreements to provide technical and engineering assistance for surveys , plans - 3 - JC� . ��. �"� • � � � � 63011 or perform maintenance on any highway, street, road or bridge under the jurisdiction of the requesting road authority. NO��1, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: SECTION 1.0- LOCATION OF THE WORK 1 . 10 Project Location l . 11 This evaluation will be conducted adjacent to interstate 35E at the temporary termination of the roadway at St. Clair and St . Albans Streets. SECTION 2.0 - SERVICES TO BE PROVIDED BY THE CITY 2. 10 Review Existinq Data 2. 11 The City will review the traffic count data from the _. ___. Crocus Hill area (St. Albans Street) , the origin-destination survey results from August 1985, and the traffic study of the 35E Parkway EIS. 2. 20 Prepare Memorandum 2 . 21 The City will prepare a memorandum outlining the nature of the current problem, describing the future situation expected when the Parkway is completed, evaluating alternative short and long term solutions, and recommending a course of action. _ 4 _ " . �", � : (��s�sv� 63011 2. 30 Schedule Meetings 2.31 The City will meet with representative of the State to review the memorandum and revise as necessary. 2. 32 The City will meet with the Summit Hill Association to present the findings of the evaluation and ` , recommendations of' the memorandum. , SECTION 3.0 - SERVICES AND DATA TO BE FURNISHED BY THE STATE 3. 10 Data Furnished The State shall furnish a�data or material in the State' s possession relating to the accomplishment of the , work described in this agreement. Al1 data furnished to the City by the State shall remain the property of the State and shall be returned to the State when so requested. 3. 20 Analysis and Evaluation of Data to the City The City shall make an analysis of all data and information furnished by the State. If any data or information is found to be incorrect or incomplete by the City� this fact should be brought to the attention of the State before proceeding further with the part of the project affected. - 5 - ��. C, � � 63011 SFCTION 4.0 - TIME SCHEDULE 4. 10 Completion Time Schedule 4. 11 The City shall complete all work and services required under ther terms of this agreement within two months of the start of work. 4. 12 The State may extend the time completion schedule upon , written request from the City for delays encountered that are beyond control . The amount of such time extension shall be determined by the Director of Consultant Engineering Services of Mn/DOT who is authorized to grant such time extension by letter to the City. SECTION 5.0 - PAYMENT TO THE CITY S. lU Method of Payment 5. 1, The State shall pay to the City as compensation in full for work and services to be performed in accordance with Section 2.0 of this agreement, the total lump sum of $4250.00. 5. 12 It is understood that the total lump sum amount of the contract is subject tio adjustment in case of significant increases or decreases in the scope, complexity, or extent of service required to complete the project. Such changes found to be appropriate shall be set forth in a . + 6 - 1�-'.�. • �r . ��s=�s�� 63011 supplemental agreement. It shall be the responsibility of the City to originate all requests for additional compensation and supplemental agreements. 5. 20 Invoices - Partial Payments 5. 21 The City may submit invoices monthly for partially completed work on the project. Such invoices shall represent the value to the State of partially completed work base8 on the proportion which its percentage of completion bears to the total agreed amount which is to be paid by the State to the City for the fully completed traffic operation evaluation and memorandum. Such invoices will be checked by the State and payments will be made in an amount of 100 percent of the invoice costs found to be properly allocable to the prdject except that partial payment shall not exceed 98 percent of the total contract amount until the State has determined that the services of the City are no longer required. 5. 30 Progress Reports 5. 31 The City shall submit monthly progress reports following a format approved by the State. 5. 32 If requested by the State , the City shall submit data of partially completed tasks to support its request for partial payments. The State will use these to determine the reasonable value to the State of the partially completed work and the amount of the partial payment. - 7 - Jc � � �� F 63011 5.40 Final Payment 5.41 Final payment of any balance due the City af the ultimate gross amount earned will be made after the completion of the work, its approval and acceptance by the State , and the receipt of copies of the Memorandum and other related documents which are required to be furnished. 5. 50 Record Examination 5. 51 As provided under Minn. Stat. 16B.06 Subd. 4 (1984 ) , all books , records, documents , and accounting procedures and practices of the City relevant to this contract are subject to examination by the by the Minnesota Department of Transportation and either the Legislative Auditor or the State Auditor as appropriate. SECTION 6.0 - TERMINATION, DISPUTE AND SUBMITTAL OF CONTRACT DOCUMENTS 6. 10 Termination and Dispute 6. 11 The agreement may be terminated by either party at any time upon written notice to the other party. In the event that such termi.nation should take place at a time other than the completion of the work to be performed under the agreement, the City shall be paid for the work performed to date of termination, demobilization costs, and contract closing costs. The total amount will be - 8 - . r fC . L . � • � ��=/5 D� 63011 determined by mutual agreement between the State and the City. The total payment for the reduced quantity of work, demobili.zation expense and contract closing costs shall not exceed the total payments as set farth in the original agreement or succeeding supplements . A supplemental agreement shall be executed setting forth the reduced amount o£ compensation the County shall receive. 6. 20 Submittal of Contract Documents 6. 21 The original of all drawi�,� work sheets, plans� com putations and other project data shall be turned over to the State as follows : � 6. 211 Upon written notice of termination of the agreement. 6. 212__ Prior to final settlement of a dispute :.arising out of this agreement. 6. 213 Prior to final payment of the utilimate gross amount earned . SECTION 7.0 - COMPLIANCE WITH LAWS 7. 10 - - - - 7. 11 The City shall comply with all Federal , Sta te, City and local laws , together with all ordinances and regulations applicable to the work. The City shall procure all licenses , permits, or other rights necessary for the fulfillment of its obligations under this agreement. - 9 - �� •� �� , �. � 63011 SEC`PIO[�T 8.0 - REGISTRATION 8. 10 - - - - _ 8. 11 The engineering and architectural portions of any plans, designs or reports shall be prepared by or unc3er the direct supervision of a professional engineer or architect, registered in the State of Minnesota. � SECTION 9.0 - CONFERENCES 9. 10 - - - - 9. 11 The City shall confer wit�he officials of the State as often as is necessary in regard to the work to be done , under this agreement and `perform the travel necessary for such conferences. When requested by the State , the City -- shall also assist the State in negotiations with other interested parties. SECTION 10.0 - INSPECTION 10. 10 - - - - 10. 11 Duly authorized representatives of the State and the Federal Highway Administration shall have the rig ht to inspect the work of the City whenever it is deemed necessary. - 10 - �'� � �� 1 � � . � _ �=�s-�sa� 63011 SECTION 11 .0 - SUBLETTING 11. 10 - - - - 11. 11 The services of the City to be performed hereunder are personal and shall not be assigned , sublet, or transferred unless written authority to do so is granted by the State . This written consent shall in no way relieve the City from the primary responsibility for performance of the work. 17.. 12 All consultant agreements exceeding $10,000 shall contain all required provisions o£ this agreement. SECTION 12.0 - CLAIMS 12. 10 City' s Employees 12. 11 Any and all employees of the City or other .persons while engaged in the performance of any work or services required by the City under the agreement shall not be considered employees of the State , and any and all claims that may or might arise under the Worker' s Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the City' s employees or other persons while so engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the State. - 11 - i�".��•�% ' 63011 12. 20 Responsibility for Claims and Liability 12. 21 The City indemnifies , saves and holds harmless the State and any agents or employees thereof from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the execution or performance of the work of the City, prov�ded for under the agreement. SECTION 13.0 - CONTINGENT FEE 13. 10 - - - - 13. 11 The City warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the City, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide emplvyee of the City, any fee , commissionr percentage, brokerage fee, gifts , or any other consideration, contingent upon or resulting from the award or making of the agreement. For breach or violation of this warranty the State shall have the right to annul this agreement without liability or, in its discretion, to deduct from the contract �price or consideration, or otherwise recover, the full amount of such fee , commission, percentage, brokerage fee , gift , or contingent fee. - 12 - ,f� � �:: � , � �s-i��f 63011 SECTION 14.0 - NONDISCRIMINATION REGULATIONS 14. 10 Nondiscrimination Regulations 14. 11 The provisions of Minn . Stat. 181. 59 (1984 ) and any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein . , SECTION 15.0 - FURNISHING OF INFORMATION TO THE STATE 15. 10 Advance Information 15. 11 At the request of the State 'the City sha11 furnish to the State during the progress of the work such information or data in such detail as may be required to enable the State to carry out or to proceed with related - - phases of the project not covered by the agreement, or which may be necessary to enable the State to furnish information to the City upon which to proceed with further work. 5ECTION 16.0 - MAINTENANCE OF DOCUMENTS AND RECORDS 16. 10 - - - - 16. 11 The City shall maintain all books , documents, pap2rs, accounting record s and other evidencQ pertaining to cost incurred in connection with work and services performed hereunder. The City shall make such material available - 13 - � J�", �� ` . 63011 at its office at all reasonable times during the contraGt period and for three years from the �ate of final payment under this agreement for inspection by the State , the Federal Hiqhway Administration, or any authorized representatives of the Federal Government and copies thereof shall be furnished upon request . , SECTION 17.0 - USE OF DESIGNS AND REPORTS 17. 10 - - - - 17. 11 All designs, reports and copies of design computations shall become the property of the State who shall have the right to use any or all of said plans or designs for any public purpose . SECTION 18.Q - ACCURACY OF WORK 18. 10 - - - -- 18. 11 Acceptance of the work by the State will not relieve the City of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. SECTION 19.0 - APPROVALS 19. 10 - - - - 19. 11 Before this agreement shall become binding and effective, it shall be approved by resolution of the City Council of - 14 - .1," C'. �; � _ ��s/sa�/ 63011 St. Paul and receive the approval of such State o€ficers as the law may require in addition to the Commissioner of Transportation. `` � � - 15 - � r �.�� Y� � ,