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MnDOT Agreement # 1002067 <br /> <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 <br />Page 3 of 14 <br /> <br />CM Master Partnership Contract (CM Rev. 10/05/2015) <br /> <br />