HomeMy WebLinkAbout2017-2805DEPARTMENT OF
TRANSPORTATION
Metro State Aid
1500 County Road 132, Roseville, MN 55113
Master Partnership Contract
2017 -2805
651 - 234 -7773
sharon.lemay @state.mn.us
JUL 3 12017
PUBLIC WORKS
Enclosed is a fully executed Master Partnership Contract. This contract will be in force until June 30, 2022.
The Local Government and State must execute stand- alone work orders for any type of work outside of the
services listed on Exhibit A.
If you have any questions, please give me a call.
Sharon LeMay
Metro State Aid
An Equal Opportunity Employer
O 0 M a 0 a (5) 0
DEPARTMENT OF
TRANSPORTATION MnDOT Contract Number:
STATE OF MINNESOTA
AND
CITY OF COLUMBIA HEIGHTS
MASTER PARTNERSHIP CONTRACT
1028124
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract
referred to as the "State" and the City of Columbia Heights, acting through its City Council, in this contract referred to as
the "Local Government."
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.
3. Each party to this contract is a "road authority" as defined by Minn. Stat. §160.02, subd. 25.
4. Minn. Stat. § 161.39, subd. 1, 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.
5. Minn. Stat. § 174.02, 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.
6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the
efficiency of delivering governmental 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.
7. 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.
8. 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
Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms
1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all
State officials 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. This Contract will expire on June 30, 2022.
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1.4. Work Order Contracts. A work order contract must be negotiated and executed (by 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 specify 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.
1.5. 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. Government Data Practices and
Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. 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.
1.6. Sample Work Order. A sample work order contract is available upon request from the State.
1.7. Definition of "Providing Party" 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.
2. Technical Services
2.1. Technical Services 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 of a 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.
2.2. The Local Government may request the State to perform Technical Services in an informal manner, such
as by the use of email, 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.
2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested
Technical Services. Otherwise, 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.
2.4. 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
3.1. Work Order Contracts: A party may request the other party to perform any of the following services
under individual work order contracts.
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3.2. Professional and Technical Services. 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. A party 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 services must be performed by an employee
with sufficient 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, traffic 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 identify specific deliverables required, and timeframes for
completing work. A work order must be fully executed by the parties prior to work being commenced.
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The Local Government 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 identify 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 assign 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 assign another responsible employee to be in charge of the project. The
services of the Providing Party under a work order contract may not be otherwise assigned,
sublet, or transferred 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 Party, 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. In 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 Maintenance. The terms of section 4.1 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 Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will
apply to all work order contracts 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.
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4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the
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contract amount. The Providing Party will take all necessary action to make claims against such
bonds in the event of any 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 Party will not approve any contractor claims for additional compensation without
the Requesting Party'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, if work 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 property of
the State.
5. Responsibilities of the Requesting Party
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5.1. After authorizing the 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 returned 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, that are 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.
6. Time
In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
7.1. Consideration. The Requesting Party 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 Office. 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. The 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.
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8.
9.
10.
MnDOT Contract Number: 1028124
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 "INVOICE NUMBER" ON THE INVOICE RECEIVED FROM
MNDOT.
7.4.2.3. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7.4.3. Payment by the State.
1028124 and Invoice Number ### # ##
7.4.3.1. Generally. The State will promptly pay the Local Government after the Local
Government presents an itemized invoice for the services actually performed and the
State's Authorized Representative accepts the invoiced services. Invoices must be
submitted as specified in the applicable work order, but no more frequently than monthly.
7.4.3.2. Retainage for 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 of the 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 Government'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 Project 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.
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11. Assignment, Amendments, Waiver, and Contract Complete
11.1. Assignment. 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.
11.3. 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
Government'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 a party may have for the other party'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. § 11513.03 (subd. 10), 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 Data 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. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of
the intellectual property rights, including copyrights, patents, trade secrets, trademarks, 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 employees, 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,
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studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other
materials, whether in tangible or electronic 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 assigns 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. Notification. 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 Party 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 affirmative 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 Department of Human Rights. In 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:
15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 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 certify that it is in compliance with federal affirmative
action requirements.
15.2. Minn. Stat. § 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 of a certificate of compliance 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.
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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 affirmative
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 affirmative action to employ, advance in employment, 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. In 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 employment, and the
rights of applicants and employees.
15.3.2.5. The Contractor must notify 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
Page 10 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028124
subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the
statute.
17. Publicity
17.1. 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 17.1 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 -of -law 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 10 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. § 181.59. The Local Government 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: (1) 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 of race, 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 (1) of this section, or on being hired, prevent, or conspire to prevent, the
person or persons from the performance of work under any contract on account of race, 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. Termination; Suspension
21.1. Termination by the State for Convenience. 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 Convenience. 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.
Page 11 of 13
CM Master Partnership Contract (CM Rev. 04/1 012 0 1 7)
MnDOT Contract Number: 1028124
Upon termination, the Local Government and the State will be entitled to payment, determined on a pro
rata basis, for services satisfactorily performed.
21.3. Termination for Insufficient 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.
22. Data Disclosure
Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of
its federal employer tax identification 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.
23. Defense of Claims and Lawsuits
If any lawsuit or claim is filed by a third party (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.
24. Additional Provisions
[The balance of this page has intentionally been left blank — signature page follows]
Page 12 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028124
LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION
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: (with delegated authority)
Title: Title Assistant Commissioner or
Assistant Division Director
Date: Date: G % 2 3 1 \�
�-
COMMISSIONER OF ADMINISTRATION
By: As delegated to Materials Management Division
Title �V'\aCj -t (' By. �1/(�( �•J
Date: Zof 4 Date:
Page 13 of 13
CM Master Partnership Contract (CM Rev. 0410/2017)
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H
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I, the duly appointed, qualified City Clerk of Columbia Heights, Minnesota, and the
keeper of the records thereof, do hereby certify that the attached is a true and correct
copy of Resolution No. 2017 -61, being a Resolution approving the Master Partnership
Contract with MnDOT.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official City Seal of
Columbia Heights this 19th day of June, 2017.
Katie Bruno
City Clerk
City of Columbia Heights
Seal
RESOLUTION NO. 2017 -61
A resolution of the City Council for the City of Columbia Heights, Minnesota,
WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units
of government to coordinate delivery of transportation services and maximize the efficient delivery of such
services at all levels of government.
Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of Columbia Heights makes the following:
FINDINGS OF FACT
WHEREAS, MnDOT and local governments are authorized by Minnesota Statues 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 be 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 RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA
1. That the City of Columbia Heights enter into a Master Partnership Contract with the Minnesota
Department of Transportation, a copy of which was before the City Council,
2. That the Mayor and City Manager are hereby authorized to execute such contract, and any
amendments thereto.
3. That the 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 City
Engineer may execute such work order contracts on behalf of the City of Columbia Heights without
further approval by this Council.
ORDER OF COUNCIL
Passed this 12th day of June, 2017
Offered by: Williams
Seconded by: Buesgens
Roll Call: All Ayes
Donna Schmitt, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary