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MnDOT Contract Number: <br /> S 3.2. Professional and Technical Services. A party may provide professional and technical services upon the <br /> request of the other party.As defined by Minn. Stat. §16C.08, subd. 1,professional/technical services <br /> "means services that are intellectual in character, including consultation, analysis,evaluation,prediction, <br /> planning,programming, or recommendation; and result in the production of a report or completion of a <br /> task."Professional and technical services do not include providing supplies or materials except as <br /> incidental to performing such services.Professional and technical services include(by way of example <br /> and without limitation)engineering services, surveying, foundation recommendations and reports, <br /> environmental documentation,right-of-way assistance(such as performing appraisals or providing <br /> relocation assistance,but excluding the exercise of the power of eminent domain),geometric layouts, <br /> final construction plans,graphic presentations,public relations, and facilitating open houses.A party will <br /> normally provide such services with its own personnel;however, a party's professional/technical services <br /> may also include hiring and managing outside consultants to perform work provided that a party itself <br /> provides active project management for the use of such outside consultants. <br /> 3.3. Roadway Maintenance.A party may provide roadway maintenance upon the request of the other party. <br /> Roadway maintenance does not include roadway reconstruction.This work may include but is not limited <br /> to snow removal,ditch spraying,roadside mowing,bituminous mill and overlay(only small projects), <br /> seal coat,bridge hits,major retaining wall failures,major drainage failures,and message painting. All <br /> services must be performed by an employee with sufficient skills,training,expertise or certification to <br /> perform such work, and work must be supervised by a qualified employee of the party performing the <br /> work. <br /> 3.4. Construction Administration. A party may administer roadway construction projects upon the request of <br /> the other party.Roadway construction includes(by way of example and without limitation)the <br /> construction,reconstruction, or rehabilitation of mainline, shoulder,median,pedestrian or bicycle <br /> pathway, lighting and signal systems,pavement mill and overlays, seal coating, guardrail installation,and <br /> channelization.These services may be performed by the Providing Party's own forces,or the Providing <br /> • Party may administer outside contracts for such work.Construction administration may include letting <br /> and awarding construction contracts for such work(including state projects to be completed in <br /> conjunction with local projects). All contract administration services must be performed by an employee <br /> with sufficient skills,training, expertise or certification to perform such work. <br /> 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made <br /> disaster,natural disaster or other act of God.Emergency services includes all those services as the parties <br /> mutually agree are necessary to plan for,prepare for,deal with,and recover from emergency situations. <br /> These services include, without limitation,planning,engineering, construction,maintenance,and removal <br /> and disposal services related to things such as road closures,traffic control,debris removal,flood <br /> protection and mitigation,sign repair,sandbag activities and general cleanup. Work will be performed by <br /> an employee with sufficient skills,training, expertise or certification to perform such work, and work <br /> must be supervised by a qualified employee of the party performing the work. If it is not feasible to have <br /> an executed work order prior to performance of the work,the parties will promptly confer to determine <br /> whether work may be commenced without a fully-executed work order in place. If work commences <br /> without a fully-executed work order,the parties will follow up with execution of a work order as soon as <br /> feasible. <br /> 3.6. When a need is identified,the State and the Local Government will discuss the proposed work and the <br /> resources needed to perform the work. If a party desires to perform such work,the parties will negotiate <br /> the specific and detailed work tasks and cost.The State will then prepare a work order contract. <br /> Generally, a work order contract will be limited to one specific project/engagement, although"on call" <br /> work orders may be prepared for certain types of services, especially for"Technical Services"items as <br /> identified section 2.1..The work order will also identify specific deliverables required,and timeframes for <br /> completing work.A work order must be fully executed by the parties prior to work being commenced. <br /> Page 3 of 13 <br /> CM Master Partnership Contract(CM Rev.04/10/2017) <br />