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D-6. Approve Renewal of Proposed Master Partnership Contract 2018-2022 with MnDOT. -b QTz w CITY OF ClIANIIASSEN Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow NH AS MEMORANDUM TO: Todd Gerhardt, City Manager (:71 0. FROM: Paul Oehme, Director of Public Works/City Engineer ,4 DATE: May 22, 2017 SUBJ: Approve Renewal of Master Partnership Contract with the Minnesota Department of Transportation (MnDOT) PROPOSED MOTION "The City Council approves the renewal of the Master Partnership Contract with MnDOT." City Council approval requires a simple majority vote of the City Council present. BACKGROUIND The State of Minnesota authorizes MnDOT to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. This allows agencies to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. The Master Partnership Contract provides a framework for MnDOT and the City to provide services and payment to each other. A few MnDOT provided routine services are included in the contract(see Exhibit A in attached Contract) but all other services require work orders describing costs and scope which would need to go to the City County for approval. The City has used MnDOT services on municipal state aid street projects for materials testing and for TH 101 projects that the City lead. The city attorney has reviewed the contract. This contract will expire on June 30, 2022. Attachment: Master Partnership Contract Resolution g:\eng\mndot\052217 mndot master agreement renewal..docx PH 952.227.1100• www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 P.o31<> ml \-, DEPARTMENT OF TRANSPORTAT!ON \r MnDOT ContractNumber:1028t23 l. STATE OF MINNESOTA AIID CITYOF CIIANHASSEN MASTER PARTNERSHIP CONTRACT This master conffact is between the State of Minnesota, acting through its Commissioner of Transportation in this contract referred to as the "State" and the City of Chanhassen, acting through its City Council, in this contract referred to as the "Local Govemment." Recitals The parties are authorized to enter into this contract pursuant to Minnesota Statutes, $$15.061, 471.59 and 174.02. 2. Minn. Stat. $ 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Each party to this contract is a "road authority" as defined by Minn. Stat. $160.02, subd. 25. Minn. Stat. $ 161.39, subd. l, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. Minn. Stat. 5174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the efficiency of delivering govemmental services at all levels. This Master Partnership Contract (MPC) provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a "Work Order" contracts. After the execution of this MPC, the parties may (but are not required to) enter into "Work Order" contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Partnership Contract 1. Term of Master Partnership Contract; Use of Work Order Contractsl Survival of Terms l.l. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State offrcials as required under Minn. Stat. $ 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date.Tltis Contract will expire on June 30IlUlZOFrCHANHASSefit Page l of 13 JUL 1 7 zoll ENCT{EERfiG DEPT q J. 4. 5. 6. 7. 8. ^t (' LBCM Master Partrership Contract (CM Rev. 04/1012017) 1.4. MnDOT Contract Number:1028123 Work Order Contracts. A work order contract must be negotiated and executed Oy both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2.The work order contract must speci$ the detailed scope of work and deliverables for that project. A party must not begin work under a work order until the work order is fully executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in the work order. The Local Government understands that this MPC is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Govemment Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC. Sample Work Order. A sample work order contract is available upon request from the State. DeJinition of oProviding Par71t" and "Requesting Party".For the purpose of assigning certain duties and obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC. "Requesting Party" is defined as the party requesting the other party to perform work under a work order contract. "Providing Party" is defined as the party performing the scope of work under a work order contract. 1.5. l.6. 1.7. 2. Technical Services 2.2. 2.3. Technical Servl'ces include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution ofa work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Exhibit A - Table of Technical Services is attached. 2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of ernail, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. The State will promptly inform the Local Government if the State will be unable to perform the requested Technical Services. Otha'wise, the State will perform the Technical Services in accordance with the State's normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State's then-current rate for performing the Technical Services. The then-current rate may include the State's normal and customary additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3.Services Requiring A Work Order Contract Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. 2.1. 2.4. 3.1. CM Master Partnership Contract (CM Rev. 0411012017) Page 2 of 13 \- MnDOT Contract Number:1028123 3.2. Professional and Technical Seruices. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. $ 16C.08, subd. 1, professional/technical services "means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task." Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party's professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. Aparty may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party's own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration sen ices must be performed by an employee with suffrcient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, taffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although "on call" work orders may be prepared for certain types of services, especially for "Technical Services" items as identified section 2.1.. The work order will also identifu specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. CM Master Partnership Contract (CM Rev. 0411012017) Page 3 of 13 MnDOT Contract Number: 1028123 The Local Govemment will not be paid for work performed prior to execution of a work order contract and authorization by the State. 4. Responsibilities of the Providing Party 4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts. 4.1.1. Each work order will identiff an Authorized Representative for each party. Each party's authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this MPC or the work order. 4.1.2. The Providing Party will furnish and assigrr a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order contract. For services not requiring an engineer, the Providing Party will furnish and assigrr another responsible employee to be in charge of the project. The seryices of the Providing Parry under a work order contract may not be otherwise assigned, sublet, or fansferred unless approved in writing by the Requesting Party's authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Parfy, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Local Government to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non-payment. 4.1.5. ln connection with the performance of this contract and any work orders issued, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenanca The terms of section 4. I and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 4.3. Additional Termsfor Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work order conffacts for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. Page 4 of 13 CM Master Parhership Contract (CM Rev. 04ll0n0l7) \- MnDOT Contract Number: 1028123 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event ofany default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other's request, furnish copies of right of way certificates, easements, and construction permits. 4.3.8. The Providing Party may approve minor changes to the Requesting Party's portion of the project work if such changes do not increase the Requesting Party's cost obligation under the applicable work order contract. 4.3.9. The Providing Parry will not approve any contractor claims for additional compensation without the Requesting Parfy's written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State's request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State's Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right-of-way, the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Local Government, or its contractor, ifwork is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, National Pollutant Discharge Elimination System (NPDES) and other environmental permits. 4.3.12-4 All improvements constructed on the State's right-of-way will become the properfy of the State. 5. Responsibilities of the Requesting Party CM Master Partnership Contract (CM Rev. 0411012017) Page 5 of 13 6. MnDOT Contract Number:1028123 5.1. After authorizingthe Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly retumed upon the Requesting Party's request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction,thatare different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. Time In the performance of project work under a work order contract, time is of the essence. C on sider atio n and P aym ent 7.1. Consideration. The Requesting Parry will pay the Providing Party as specified in the work order. The State's normal and customary additives will apply to work performed by the State, unless otherwise specified in the work order. The State's normal and customary additives will not apply if the parties agree to a "lump sum" or "unit rate" payment. 7.2. State's Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this MPC will not exceed $500,000.00. 7.3. Travel Expenses It is anticipated that all travel expenses will be included in the base cost of the Providing Party's services, and unless otherwise specifically set forth in an applicable work order contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations" a copy of which is on file with and available from the MnDOT District Offrce. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written approval for such travel. 7.4. Payment. 7 .4.1. Generally. Tlte Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. CM Master Partrership Contract (CM Rev. 04110/2017) Page 6 of l3 \- MnDOT Contract Number:1028123 7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation. 7 .4.2.2.IMPORTANT NOTE: PAYMENT MUST REFERENCE THE "MNDOT CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE "I]YVOICE NUMBER'' ON THE IITVOICE RECETVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1028123 and lnvoice Number ttltit### Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State, 7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an iternized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. lnvoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.3.2. Retainagefor Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. $ 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product ofthe work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Govemment's Authorized Representative for administering this master contract is the Local Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's performance. The Local Government's Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government's Project Manager will be identified in each work order contract. State's Authorized Representative and Proiect Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State's performance. 10.2. The State's Project Manager will be identified in each work order contract. 8. 9. 10. CM Master Partnership Contract (CM Rev. 04/10/2017) Page 7 of l3 MnDOT Contract Number: 1028123 11. Assignment, Amendments, Waiver, and Contract Complete 1 1.1. Assignmenl Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 1 I .3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party's right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Govemment's liability is governed by Minn. Stat. chapter 466 and other applicable law. The State's liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies aparty may have for the other parly's failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a "Contractor" to the Requesting Party, as the term "Contractor" is defined in Minn. Stat. $1158.03 (subd. l0), and is entitled to the protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. $471.59 subd. la will apply to any work undertaken under this MPC and any work order issued hereunder. 13. State Audits Under Minn. Stat. $ 16C.05, subd. 5, the party's books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC. 14. Government Data Practices and Intellectual Property 14.1. Government Duta Practices, The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this MPC and any work order contract. The civil remedies of Minn. Stat. $ 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Property Rights 14.2.1. lntellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, tradanarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its anployees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, Page 8 of 13 CM Master Partnership Contract (CM Rev. 04/l0l20l7) \- MnDOT Contract Number:1028123 studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or elecffonic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Providing Party Government assigrs all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party's ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. 14.2.2.1. Noti/ication. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Parfy nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action The State intends to carry out its responsibility for requiring aflirmative action by its Contractors, pursuant to Minn. Stat. $363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Departrnent of Human Rights. ln addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: I 5. I . Covered Contracts and Contractorc. If the Contract exceeds S I 00,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. $ 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. $ 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certifu that it is in compliance with federal affirmative action requirements. 15.2. Minn.,Sraa $ 363A.36. Minn. Stat. $ 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance. The law addresses suspension or revocation ofa certificate ofcompliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn. R. Parts 5000.3400-5000.3600. CM Master Parhership Contract (CM Rev. 04110D017) Page9of13 MnDOT Contract Number:1028123 15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. $ 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affrrmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affrrmative action to anploy, advance in anployment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. ln the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2-4- The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for anplo)ment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notiff each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3. Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. $ 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers'Compensation Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. $ 15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be CM Master Partnership Contract (CM Rev. O4l10D0l7) Page 10 of 13 \- MnDOT Contract Number:1028123 subject to Minn. Stat. $15.53, such statute will control to the extent of any conflict between the contract and the statute. 17. Publicity l7 .1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17 .2. Data Practices Act Section I 7. I is not intended to override the Local Government's responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-ofJaw provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. $ 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within l0 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. g 181.59. The Local Govemment will comply with the provisions of Minn. Stat. $ 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (l) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason ofrace, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (l) ofthis section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance ofwork under any contract on account ofrace, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Terminationl Suspension 2l.l . Terminqtion by the State for Convenienca The State or commissioner of Administration may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Local Governmentfor Convenienca The Local Government may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. CM Master Partnership Conract (CM Rev. 04/102017) Page l1 of13 22. 23. MnDOT Contract Number:1028123 Upon termination, the Local Govemment and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 2l .3. Termination for InsufJicient Funding. The State may immediately terminate or suspend this MPC and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. Data Disclosure Under Minn. Stat. $270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identifrcation number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. I)efense of Claims and Lawsuits If any lawsuit or claim is filed by a third parfy (including but not limited to the Local Government's contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. Additional Provisions [The balance of this page has intentionally been left blank - signature page follows] 24. CM Master Partrership Contract (CM Rev. 04ll020l7) Page 12 of 13 LOCAL GOVERNMENT The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. By: Title: Date: CM Master Partnership Contract (CM Rev. 04/102017) \- MnDOT Contract Number:1028123 COMMISSIONER OF' TRANSPORTATION By: Title Date: COMMISSIONER OF ADMINISTRATION 5o7a8 (with delegated authority) Assistant Commissioner or Page 13 of 13 t\:},f!' a, Page I of4 '24/oofbn{"'ft7a7a63 Date:04/2012017MPC Program FY 2017-2022 Exhibit A - Tsble ofTech Serv Used with TA98 Project IDs Ifa source code is not on this list, a work order is needed. t3t2 t42t 1434 l50l Business Unit Management Support Services Equipment Calibration-Mat Insp General Training Attended Soils/Foundation Field/Laboratory Tests Tech Assist-Outside MnDOT Bridge Management System Operation /Administration/Data Structural Metals Inspcction-Non DOT Traffic Management System (TMS) All expenses ofbusinesVoffice managers for general and administration of functions. includes administering central facilities maintenance and facilities capital budgets. Work that supports general office management, system managemenl such as entering data into SWIFT, PPMS, PUMA and other MnDOT systems, attending staffmeetings and other indirtrt support acti\.ities. Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects. All costs (time, registration, materials, travel expenses, etc.) for attending or participating infomal or informal training, including conferences that primarily provide training. All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil classification, gradation, proctor testing, unconfined compression, consolidation, direci simple shear, direct sheer, permeability and triaxial tests. Use when providing technical assistance to an organization extemal to MnDOT. Use for tasks related to the Bridge Management System, including operations, administration, or data entry. Reviewing shop drawings fumished by suppliers, fabricators, and contractors lworking drawing or calculations), and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field and offices) for local agency projects. Used by traffic operations stafffor all tasks that support the RTMC's operations center (or TOCC) providing traveler information, managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camem maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables, monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber optics. Use for tasks related to maintaining traIfic operations software including minor software enhancements and fixes. Use when providing tra{fic operations technical assistance extemal to MnDOT. For tasks associated with the incorporation ofnew and existing TMS devices (cameras, loops, DMS, and other ITS devices) into existing infiastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation. For tasks related to the operation ofthe pavement management system, including development and maintenance/technical support. Includes tasks to meet needs external to MnDOT. Used by Materials and Research Section and district materials staffto veri! inspeclor" sampling and testing procedures and checking inspectors'equipment during projat construction as required by FHWA. Use when perfoming field tests on split sample. Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081). lfa source code is not on this list, a work order is needed. l5 l3 Traffic Management System (TMS) lntegration 1520 Pavement Management Systern l716 Record Sampling l72l Tra{fic Sign Work Orders Page? of 4 MPC Program FY 2017-2022 Exhlbtt A - Table of Tech Serv Used with TA98 Project IDs Ifa source code is not on this list, a work order is needed. Date: Ml20l20l7 't735 l 738 l 800 I 870 I 871 I 875 Material Testing & Inspection Concrete Plant Inspections Construction Materials Inspections Bituminous Plant Inspection State Project - Specific Materials Inspection Field Inspection Traffi c Signal Maintenance Lighting Maintenancc & Utilities Locate One Call Perfoming construction phase and research physical and chemical laboratory testing, and related techlical seruices in lhe districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling weight defl ectometer (FWD) testing. Performing QA./QC physical testing at the plant; sampling and transporting ofmaterials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with stationary concrete plants or mobile concrete paving plant inspection. Performing construction phase material inspection and engineering, for sfructuml steel, precast and pre-stressed concrete, reinforcement steel, and electrical products and related technical services in the field and office formaterials to be used in multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings fumished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical senices in the field and offices). Perfoming QA./QC physical testing at the plant; sampling and transporting ofmaterials from the plant to the lab for lab testin& plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or omce associated with bituminous plant inspection. Performing material inspection for materials designated for a specific construction project (SP). Generally applies to inspection of such things as structural steel, prestressed concrete items, and mosl precast conoete items and for SP specific tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical services in the field and offices). Occasional construction project field inspection (not cyclical inspection ofassets); Includes field inspection ofmaterials such as gradations, densitieVDCP, proctors, compaction, slump tests, and field air testsand collecting and transporting samples for lab tests, but not the actual laboratory verifications. This work will not substitute for or alter existing cooperative construction agreements or traffic signal maintenance agreements. Work related to the occasional repair and replacement oftraffic signal system structures and all electrical maintenance for ffaffic signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public inquiries. All work related to installing, maintaining, restorin& or rernoving highway lighting systems and fixtures. Includes repairing, maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting structures, electrical service for highway lighting, reJamping, pump stations, anti-icing systerns, truck roll-over waming systerns and electrical repairs. Includes traffic control in support ofroadway lighting activities. Use for tasks related to public inquiries/complaints, review utility billings, provide data, and conduct field reviews. Fl.d , Ioops, etC. in order to maintain or repair the traffic managernent I system, signal systems, or roadway lighting systems. _l If a source code is not on this list, r work order is needed. Source Code Title Description t732 1733 i734 Page 3 of4 MPC Program FY 2017-2022 Exhibit A - Table of Tech Serv Used with TA98 Project IDs Ifa source code is not on this list, a work order is needed Date: Ml20l20l7 1876 TrafficCounting 2lO2 Patching 2142 Overhead Sign Panel Maintenance 22lO Guardrail-lnstall/Repair/Mainlenance '2222 Sign/Delineation/MarkerRepair 2316 Brush & Tree Removal Indirect Expense Supplies & Small Tools Bridge Curb, Walk And Railing Bridge Deck Miscellaneous Bridge Maintenance Bridge Inspection-Non-Federal Bridge Expansion, Relief Joints Bridge Inspection-Federal Fund 12624F..- -- 12629 P8rt lzrzo t,,, l'rru'u'n r"' Use to record laboq equipment usage, and material costs for activities related to traffic counts made for statewide traffic monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities, collecting field data, processing data, and developing new techniques for collection. Related source t)?€ codes: 2 103-Heary patching, 2 I 04-Bituminous paving, 2 I 05-Blou' patching Work related to the repair and replacement ofoverhead sign panels, extruded sign panels mounted on I-beams, and overhead sign structures. Includes related cable locates and traffic control. Does not include structural work. Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector replacement. includes related traffic control. Replacing, repairing, and washing signs (including tanporary stop signs). Includes re-sequencing intersection signing and repair/replace overhead and extrude signs mounted on l-beams. Includes related cable locates and traffic control. Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump removal/grinding. Includes related traffic control. Indirect shop expenses and shop equipment. Allocate to mobile equipment. Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit. Repairing and maintaining bridge curb, wallg rail, coping, and fencing connected to the rail. Includes glare screen and median baniers on bridges. Includes related tra{fic control. Work associated with bridge deck and slab repair regardless ofremoval depth or type ofmaterial used for patching. lncludes deck or slab overlays and replacements and underside deck delamination. Includes related traffic control. This source code does not include replacement or major repair. Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes minor repairs and simple fixes on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering materials, and picking up equipment. Includes related traffic control. All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the rcquirernents of the National Bridge Inspection System and/or Minnesota Bridge Safety lnspection Program or for billing to local governments. Includes related inspection reports and dec\.condition surveys. All maintenance tasks associated with bridge expansion joints, exceptjoint reestablishment. Includes tightening expansion device bolts and replacing seal glands. Includes related traffic control. All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program ( ProJect Code will begin with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code begins with TSO followed by the bridge number) and local and Department ofNatural Resources (DNR) (bridge number begins with 9,A follow by bridge number) bridge inspections to be billed to the local govemment or Department ofNatural Resources (DNR) use Source Code 2824. Ifa source code is not on this list, a work order is needed. Page 4 of4 MPC Program FY 2017-2022 Exhibit A - Table of Tech Serv Used with TA98 Project IDs Ifa source code is not on this list, a work order is needed. Date: Ml20l2017 2829 Bridge Superstructure '2830 Bridge Bearing Assemblies 2834 WaterwayMaintenance 2838 Bridge Deck Crack Sealing 2863 Traffic Signal Inspection 3000 ClassOfFrequencyCoordination 3002 Radio/Electronic Infi:astructure Radio - Mobile Equipment Radio/Electronic System Upgrade & Installation Tower/Building Maintenance 3027 Radio Programming 3049 On Call Electronic Communications Infiastructure Maintenance 3005 3009 3025 All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all types ofbridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and box girders. Includes related traffic control. All tasks related to the repair and maintenance of fixed or expansion-bearing assernblies on bridges. Includes related traffic All tasks related to wateruay maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and channel protection repair that is not part ofslope protection. Includes related traffic control. All tasks related to deck cmck sealing. Includes related traffic control. Work related to cyclical stnrctural and electrical inspection and preventive maintenance checks oftraffic signal systems/structures. Includes labor, equipment, materials, and tra{fic control. Use for fiequency coordination done with APCO, AASHTO or FCCA. Use for the repair and preventative maintenance ofall equipment associated with wireless two-way radio communications systems (includes mobile radios, porlable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency; Department ofPublic Safety (DPS) includes State Patrol (SP) Bureau ofCriminal Apprehension (BCA), Fire Marshall); does not include Department ofNatural Resources (DNR). See OSRC Project Use for the repair and preventative maintenance ofall equipmenl associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list. Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic systems. Use for all work performed to conect or repair deficiencies found in a new installation. Use for all tasks related to the maintenance ofa tower building or site. Includes towers, buildings, generators, LP system, fencing, landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC. Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios used as fixed base radios as part ofthe Inter-OP System (Use 3009). To be used by Statewide Radio Communications personnel to record on-call time. I lf a source code is not on this list, a work order is needed. W6oof /onh"'/4 /aa( /)3 CERTIFICATION STATE OF MINNESOTA ) )ss couNTY oF CARVER ) I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certifu that I have compared the foregoing copy of Resolution No. 2017-36 "Approving Renewal of a Master Partnership Contract with the Minnesota Department of Transportation (MnDOT)" adopted by the Chanhassen City Council on May 22,2017 withthe original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 26th day of May, 2017. \-, Z,voar h4.*/4tc:9/as CITY OF CHANHASSEN CARVER A}TD HEI\II\IEPIN COTINTIES, MIFTI\"ESOTA lslav22.2017 RESOLUTION NO: SECOI\DED BY: 2017-36 MOTION BY:McDonald Tiornhom A RESOLUTION APPROVING REIYEWAL OF A MASTER PARTNERSHIP CONTRACT WITH TITE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of govemment to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59,174.02, and 161 .20,to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW, THEREFORE, BE IT RESOLYED BY THE CITY COUNCIL OF CHANHASSEN, MINNESOTA: l. That the City of Chanhassen enter into a Master Partnership Contract with the Minnesota Department of Transportation (MnDOT), a copy of which was before the Council. 2. That the proper City of Chanhassen offrcers are authorizedto execute such contract, and any amendments thereto. 3. That the Director of Public Works/City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the Director of Public Works/City Engineer may execute such work order contracts on behalf of the City of Chanhassen without frrther approval by this Council. Passed and adopted by the Chanhassen City Council this 22'd day of May ,2017. ATTEST: YES Laufenburger Ijornhom Ryan Campion McDonald NO None ABSENT None CITY OF CHANHASSET RECEOVED JUL 1 7 7017 ENGhIEERHG DEP'I