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MnDOT Contract Number:
<br />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.
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<br />CM Masta Partnership Contract (CM Rev. 04/102017)
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