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MnDOT Contract Number: 1050325
<br /> relocation 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 will
<br /> normally provide such services with its own personnel; however,a party's professional/technical services
<br /> may also include hiring and managing outside consultants to perform work provided that a party itself
<br /> provides active project management for the use of such outside consultants.
<br /> 3.3. Roadway Maintenance.A party may provide roadway maintenance upon the request of the other party.
<br /> Roadway maintenance does not include roadway reconstruction.This work may include but is not limited to
<br /> snow removal,ditch spraying, roadside mowing, bituminous mill and overlay(only small projects),seal coat,
<br /> bridge hits, major retaining wall failures, major drainage failures,and message painting.All services must be
<br /> performed by an employee with sufficient skills,training,expertise or certification to perform such work,
<br /> and work must be 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 request of
<br /> 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 pathway,
<br /> 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 Party
<br /> may administer outside contracts for such work.Construction administration may include letting and
<br /> awarding construction contracts for such work(including state projects to be completed in conjunction with
<br /> local projects).All 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 man-made
<br /> disaster, natural disaster or other act of God. Emergency services includes all those services as the parties
<br /> mutually agree are necessary to plan for, prepare for,deal with,and recover from emergency situations.
<br /> These services include,without limitation, planning,engineering,construction, maintenance, and removal
<br /> and disposal services related to things such as road closures,traffic control,debris removal,flood protection
<br /> and mitigation,sign repair,sandbag activities and general cleanup.Work will be performed by an employee
<br /> with sufficient skills,training,expertise or certification to perform such work,and work must be supervised
<br /> by a qualified employee of the party performing the work. If it is not feasible to have an executed work
<br /> order prior to performance of the work,the parties will promptly confer to determine whether work may be
<br /> commenced without a fully-executed work order in place. If work commences without a fully-executed work
<br /> order,the parties will follow up with execution of a work order as soon as feasible.
<br /> 3.6. When a need is identified,the State and the Other Party 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
<br /> and detailed work tasks and cost.The State will then prepare a work order contract.Generally,a work order
<br /> contract will be limited to one specific project/engagement,although "on call"work orders may be prepared
<br /> for certain types of services,especially for"Technical Services" items as identified section 2.1..The work
<br /> order will also identify specific deliverables required,and timeframes for completing work.A work order
<br /> must be fully executed by the parties prior to work being commenced.The Other Party will not be paid for
<br /> work performed prior to execution of a work order contract and authorization by the State.
<br /> 4. Responsibilities of the Providing Party
<br /> 4.1. Terms Applicable to ALL Work Order Contracts.The terms in this section 4.1 will apply to ALL work order
<br /> contracts.
<br /> 4.1.1. Each work order will identify an Authorized Representative for each party. Each party's authorized
<br /> representative is responsible for administering the work order,and has the authority to make any
<br /> decisions regarding the work,and to give and receive any notices required or permitted under this
<br /> MPC or the work order.
<br /> 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer(Project Engineer),
<br /> to be in responsible charge of the project(s)and to supervise and direct the work to be performed
<br /> under each work order contract. For services not requiring an engineer,the Providing Party will
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