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MnDOT Agreement# 02482
<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 Minnesota Statutes §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, CRS-2 road oil,bituminous
<br /> mill and overlay(only small projects), seal coat, bridge hits,major retaining wall failures,major
<br /> drainage failures,and message painting. All services must be performed by an employee with
<br /> sufficient skills,training, expertise or certification to perform such work,and work must be
<br /> 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
<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. 11/02/2012)
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