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MnDOT Agreement# 02482 <br /> project/engagement,although"on call"work orders may be prepared for certain types of services, <br /> especially for"Technical Services"items as identified section 2.1.2. The work order will also <br /> identify specific deliverables required, and timeframes for completing work. A work order must <br /> be fully executed by the parties prior to work being commenced. The Local Government will not <br /> be paid for work performed prior to execution of a work order and authorization by the State. <br /> 4. Responsibilities of the Providing Party <br /> The party requesting the work will be referred to as the"Requesting Party"and the party performing the <br /> work will be referred to as the"Providing Party". Each work order will set forth particular requirements <br /> for that project/engagement. <br /> 4.1. Terms Applicable to ALL Work Orders. The terms in this section 4.1 will apply to ALL work <br /> orders. <br /> 4.1.1. Each work order will identify an Authorized Representative for each party. Each party's <br /> authorized representative is responsible for administering the work order, and has the <br /> authority to make any decisions regarding the work, and to give and receive any notices <br /> required or permitted under this Master Contract or the work order. <br /> 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer <br /> (Project Engineer),to be in responsible charge of the project(s)and to supervise and <br /> direct the work to be performed under each work order.For services not requiring an <br /> engineer,the Providing Party will furnish and assign another responsible employee to be <br /> in charge of the project.The services of the Providing Party under a work order may not <br /> be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting <br /> Party's authorized representative.This written consent will in no way relieve the <br /> Providing Party from its primary responsibility for the work. <br /> 4.1.3. If the Local Government is the Providing Party,the Project Engineer may request in <br /> writing specific engineering and/or technical services from the State,pursuant to <br /> Minnesota Statutes Section 161.39. The work order may require the Local Government <br /> to deposit payment in advance or may,at the State's option,permit payment in arrears. <br /> If the State furnishes the services requested,the Local Government will promptly pay the <br /> State to reimburse the state trunk highway fund for the full cost and expense of furnishing <br /> such services.The costs and expenses will include the current State labor additives and <br /> overhead rates, subject to adjustment based on actual direct costs that have been verified <br /> by audit. <br /> 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to <br /> begin work on a project.Any and all effort, expenses,or actions taken by the Providing <br /> Party before the work order contract is fully executed is considered unauthorized and <br /> undertaken at the risk of non-payment. <br /> 4.1.5. In connection with the performance of this contract and any work orders issued <br /> hereunder,the Providing Agency will comply with all applicable Federal and State laws <br /> and regulations.When the Providing Party is authorized or permitted to award contracts <br /> in connection with any work order,the Providing Party will require and cause its <br /> contractors and subcontractors to comply with all Federal and State laws and regulations. <br /> 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will <br /> apply to all work orders for Roadway Maintenance. <br /> 4.2.1. Unless otherwise provided for by agreement or work order,the Providing Party must <br /> obtain all permits and sanctions that may be required for the proper and lawful <br /> performance of the work. <br /> Page 4 of 14 <br /> CM Master Partnership Contract(CM Rev.11/02/2012) <br />