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CFMS Contract No.
<br />T-Number
<br />1.3 Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
<br />Local Government) for each particular engagement. The work order contract will specify the detailed scope of
<br />work and deliverables for that engagement. A party must not begin work under a work order until such work
<br />order is fully executed. The terms of this Master Partnership Contract will apply to all work orders issued
<br />hereunder, unless specifically varied in the work order. The Local Government understand that this Master
<br />Contract is not a guarantee of any payments or work order assignments, and that payments will only be issued
<br />for work actually performed under fully-executed work orders.
<br />1.4 Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all
<br />work order contracts: 11. Liability; 12. State Audits; 13. Government Data Practices and Intellectual Property;
<br />16. Publicity and Endorsement; 17. Governing Law, Jurisdiction, and Venue; and 21. Data Disclosure.
<br />1.5 Exhibits. A sample work order contracts is attached and incorporated into this contract as Exhibit A.
<br />2 ScoQe of Work/Deliverables
<br />2.1 A party may request the other party to perform any of the following services under individual work order
<br />contracts.
<br />2.1.1 Professional and Technical Services. ~ A party may provide professional and technical services upon the
<br />request of the other party. As defined by Minnesota Statutes § 16C.08 (subd. 1) professionaUtechnical
<br />services "means services that are intellectual in character, including consultation, analysis, evaluation,
<br />prediction, planning, programming, or recommendation; and result in the production of a report or
<br />completion of a task". Professional and technical services do not include providing supplies or materials
<br />except as incidental to performing such services. Professional and technical services include (by way of
<br />example and without limitation) engineering services, surveying, foundation recommendations and
<br />reports, environmental documentation, right-of-way assistance (such as performing appraisals or
<br />providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric
<br />layouts,-final construction plans, graphic presentations, public relations, and facilitating open houses. A
<br />party will normally provide such services with its own personnel, however, a party's
<br />professionaUtechnical services may also include hiring and managing outside consultants to perform
<br />work.
<br />2.1.2 Routine Roadway Maintenance. A party may provide routine roadway maintenance upon the request of
<br />the other party: Routine roadway maintenance services may include, but are not limited to; lane or edge
<br />striping, pavement message painting, sign repair, guardrail repair, carcass removal, or equipment repair.
<br />Routine maintenance does not include roadway reconstruction. All services must be performed by an
<br />employee with sufficient skills, training, expertise or certification to perform such work, and work must
<br />be supervised by a qualified employee of the patty performing the work.
<br />2.1.3 Construction Administration. A party may administer roadway construction projects upon the request
<br />of 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 />2.2 When a need is identified, the State and the Local Government will discuss the proposed work and the resources
<br />needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and
<br />detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract
<br />will be limited to one specific project/engagement, although "on call" work orders may be prepared for certain
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