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MnDOT Contract Number: 1050186
<br />relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final
<br />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 to
<br />snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat,
<br />bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be
<br />performed by an employee with sufficient skills, training, expertise or certification to perform such work,
<br />and work must be supervised by a qualified employee of the party performing the 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 pathway,
<br />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 Party
<br />may administer outside contracts for such work. Construction administration may include letting and
<br />awarding construction contracts for such work (including state projects to be completed in conjunction with
<br />local projects). All contract administration services must be performed by an employee with sufficient skills,
<br />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 protection
<br />and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee
<br />with sufficient skills, training, expertise or certification to perform such work, and work must be supervised
<br />by a qualified employee of the party performing the work. If it is not feasible to have an executed work
<br />order prior to performance of the work, the parties will promptly confer to determine whether work may be
<br />commenced without a fully -executed work order in place. If work commences without a fully -executed work
<br />order, the parties will follow up with execution of a work order as soon as feasible.
<br />3.6. When a need is identified, the State and the Other Party will discuss the proposed work and the resources
<br />needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific
<br />and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order
<br />contract will be limited to one specific project/engagement, although "on call" work orders may be prepared
<br />for certain types of services, especially for "Technical Services" items as identified section 2.1.. The work
<br />order will also identify specific deliverables required, and timeframes for completing work. A work order
<br />must be fully executed by the parties prior to work being commenced. The Other Party will not be paid for
<br />work performed prior to execution of a work order contract and authorization by the State.
<br />4. Responsibilities of the Providing Party
<br />4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order
<br />contracts.
<br />4.1.1. Each work order will identify an Authorized Representative for each party. Each party's authorized
<br />representative is responsible for administering the work order, and has the authority to make any
<br />decisions regarding the work, and to give and receive any notices required or permitted under this
<br />MPC or the work order.
<br />4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer),
<br />to be in responsible charge of the project(s) and to supervise and direct the work to be performed
<br />under each work order contract. For services not requiring an engineer, the Providing Party will
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