MnDOT Agreement # 1002067
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<br />3.2. Professional and Technical Services. A party may provide professional and technical services
<br />upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1,
<br />professional/technical services “means services that are intellectual in character, including
<br />consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and
<br />result in the production of a report or completion of a task.” Professional and technical services
<br />do not include providing supplies or materials except as incidental to performing such services.
<br />Professional and technical services include (by way of example and without limitation)
<br />engineering services, surveying, foundation recommendations and reports, environmental
<br />documentation, right-of-way assistance (such as performing appraisals or providing relocation
<br />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
<br />will normally provide such services with its own personnel; however, a party’s
<br />professional/technical services may also include hiring and managing outside consultants to
<br />perform work provided that a party itself provides active project management for the use of such
<br />outside consultants.
<br />3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other
<br />party. Roadway maintenance does not include roadway reconstruction. This work may include
<br />but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay
<br />(only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures,
<br />and message painting. All services must be performed by an employee with sufficient skills,
<br />training, expertise or certification to perform such work, and work must be supervised by a
<br />qualified employee of the party performing the work.
<br />3.4. Construction Administration. A party may administer roadway construction projects upon the
<br />request of the other party. Roadway construction includes (by way of example and without
<br />limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median,
<br />pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal
<br />coating, guardrail installation, and channelization. These services may be performed by the
<br />Providing Party’s own forces, or the Providing Party may administer outside contracts for such
<br />work. Construction administration may include letting and awarding construction contracts for
<br />such work (including state projects to be completed in conjunction with local projects). All
<br />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
<br />man-made disaster, natural disaster or other act of God. Emergency services includes all those
<br />services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover
<br />from emergency situations. These services include, without limitation, planning, engineering,
<br />construction, maintenance, and removal and disposal services related to things such as road
<br />closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag
<br />activities and general cleanup. Work will be performed by an employee with sufficient skills,
<br />training, expertise or certification to perform such work, and work must be supervised by a
<br />qualified employee of the party performing the work. If it is not feasible to have an executed
<br />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
<br />commences without a fully-executed work order, the parties will follow up with execution of a
<br />work order as soon as feasible.
<br />3.6. When a need is identified, the State and the Local Government will discuss the proposed work
<br />and the resources needed to perform the work. If a party desires to perform such work, the parties
<br />will negotiate the specific and detailed work tasks and cost. The State will then prepare a work
<br />order contract. Generally, a work order contract will be limited to one specific
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<br />CM Master Partnership Contract (CM Rev. 10/05/2015)
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