This project has a Targeted Group (TG), Economically ...



TERMS and CONDITIONS for EMERGENCY PROJECTS PM or CONSULTANT TO EDITGeneral A.EDIT WHEN A201 is used The following Supplementary Conditions shall supplement and supersede the General Conditions of the Contract, A201, wherever the two are in conflict.OREDIT The General Conditions of the Contract, A201, and these Supplementary Conditions are a part of the contract Documents. OR These Terms and Conditions are part of the contract Documents.B. Scope. The work shall consist of the labor, equipment, materials, tools, transportation, and incidentals necessary for the repair of ____________ EDIT ________________.A. Workmanship: The Contractor shall employ workman skilled and experienced for the specific task required. Licensed journeyman shall be employed where required by law. Workmanship shall be of the highest quality and performed in a neat and expeditious manner. Qualified supervision shall be at the site when the work is progressing. B. Licenses: The State reserves the right to verify any required license prior to final issuance of an order and at any time during the work. C. Materials and Systems: All materials, equipment, fixtures, apparatus, etc., shall be new unless specifically indicated otherwise. Materials, equipment, etc., specified must be manufactured, installed or applied in accordance with the directions of the manufacturer, governing association and/or laws, unless specifically shown otherwise. The generally recognized governing association guidelines and instructions will be the basis for review whether or not contractor or manufacturer subscribes or belongs to said association. C.Location of Work. The location of the project and work is: EDITD.Permits and Inspections. The Contractor shall obtain all necessary permits/inspections required for the work and include the cost in their quoted price.E.Warranty. The Contractor shall provide a one-year warranty which includes labor and materials, unless otherwise stated in the specifications or if there is an extended manufacturer's warranty. The Contractor shall repair or replace defective materials that fail within the warranty period. The warranty period shall not commence until final acceptance by owner. F.Insurance and Bonding. A. Contractor shall provide a Certificate of Insurance per the minimum requirements outlined in this contract or solicitation. See the required coverage types, and coverage amounts included in these terms and conditions in Attachment E-1.B. When the cost of the work is $100,000 or more, the contractor shall provide a 100% Payment Bond and a 100% Performance Bond. The bond must be in the format specified by the State; a sample bond form is included in these terms and conditions in Attachment E-1.G.Submittals required are contained in these terms and conditions, as a summary of the submittals, the Contractor, and subcontractors where indicated, shall complete and submit the following to the State Project Manager:ATTACHMENT E-1 Insurance requirements: (Section 1.01.G)Certificate of Insurance with required insurance coverages as shownBuilders Risk insurance [When cost of work is $50,000 or more] Payment and Performance Bond [When cost is $100,000 or more] ATTACHMENT E-2 Payment of Prevailing Wage Rates apply: (Section 1.56)When orders are issued in the amount of $2,500 or more, where only one trade or occupation is required to complete the work; orWhen orders are issued in the amount of $25,000 or more, where one or more than one trade or occupation is required to complete the work.Attached are the prevailing wage rates for the county where the project is located. Payroll forms and instructions are located at mmd.admin.state.mn.us/mn02000.htm Submit payroll reports and Statement of Compliance.Submit the completed payroll forms within 14 days following payment. Submit the forms to Dept. of Administration, Real Estate & Construction Services at RECS.PrevailingWageForm@state.mn.us.Full requirements are located at: ATTACHMENT E-3 Complete and submit a Tax Identification and Contractor Registration Form. (Section 1.43 and 1.57)ATTACHMENT E-4 Complete and Submit IC-134 form (with final payment request/invoice) Both Prime and subcontractors. (Section 1.34).ATTACHMENT E-5 Jobs Reporting PM to determine if funded with bonded money -Fund 3600). Required for both Prime and subcontractors. Required for final payment. See Attachment E-5 for information and location of form. (Section 1.20).ATTACHMENT E-6 Submit Responsible Contractor Compliance Verification [When cost is over $50,000] Both Prime and Subcontractors. Required for final payment. (Section 1.21).ATTACHMENT E-7 Submit Equal Pay Certificate [When cost is over $500,000]. (Section 1.32).ATTACHMENT E-8 Submit Affirmative Action Certification (When cost is $100,000 or more). (Section 1.33).i) ATTACHMENT E-9 NOT USED j) ATTACHMENT E-10 Closeout submittals. (Section 1.30.2). k) ATTACHMENT E-11 Prevailing Wage Ratesl) ATTACHMENT E-12 A201 General Conditions of the Contract for ConstructionM) ATTACHMENT E-13 Capitol Complex or Facility Security Guidelines for ContractorsN) ATTACHMENT E-14 Notice, Affirmative Action – Workforce ParticipationO) ATTACHMENT E-15 Targeted Group Business Participation Goal1.02OwnerThe authorized representative for the State of Minnesota is the Commissioner of Administration. The Commissioner’s representative for the discharge of this Contract is Real Estate and Construction Services. All communication regarding the work including any changes or additional cost shall be directed to the State Project Manager. No other individual is authorized to represent the State and this contract. The contractor or subcontractors shall not proceed with any additional work without receiving approval from the State Project Manager.Capitol Complex Jobsite Guidelines. If the project is located within the Capitol Complex in St Paul, then the Working at the Capitol: Job Site Guidelines and Parking Guidelines become part of the contract. The guidelines are located at: Secure Facility Guidelines. Should the work occur within the secure perimeter of a State Correctional Facility, Hospital, or Treatment Center, the contractor shall abide by the security requirements of that facility.1.03Time of Completion NOTE: Make sure this language is entirely consistent with bid form language. This hidden text will not print. A.The project shall be substantially complete no later than NOTE: Use only one of the “B” clauses that follow. Delete the clause you are not using. This hidden text will not print.B.Final completion of the work will be on or before . ORB.Final completion of the work will be within calendar days from and including the date of the purchase order.1.04Liquidated DamagesDelays. The Contractor shall notify the State’s Project Manager of any prospective delays in the completion of this project. Such notice shall be given as soon as the Contractor recognizes the prospect of a delay.Liquidated Damages. Should the work not be complete by the date or time specified in 1.03, the contractor will be assessed liquidated damages in the amount of Enter amount / per day1.05Plans and Specifications.A.When applicable, the Owner (or owner’s agent) will provide to the Prime Contractor a complete pdf digital project plan set and any ongoing changes in a pdf digital file format for their construction use. These plans and specifications are part of the purchase order contract. AutoCAD file format (.dwg) may be provided upon the State Project Manager’s written approval. The Prime Contractor will provide to their subcontractors, etc. all printed paper project plan specifications and drawings required for the construction for the project. All printing and distribution costs incurred will be at the Prime Contractor’s expense.1.06Examination of Site. The contractor may begin work immediately, however, before submitting a final proposal on the work familiarize themselves with all existing conditions and limitations pertaining to the work involved. Unless unknown or unforeseen work is uncovered during the work, no extras will be allowed because of the Contractor’s misunderstanding as to the amount of work entailed, or lack of knowledge of existing conditions.1.07Use of Premises. The Contractor shall cooperate with the Owner in scheduling and execution of the Work use of the site, and shall notify the Owner as far as possible in advance of the commencement of any work or operation which would interfere with the use of the existing facility.1.08Temporary Facilities. The existing electrical service and distribution system may be used to provide temporary power and, if necessary, light for construction purposes. The cost of all electrical energy used will be paid by the Owner. The Contractor shall be responsible for the cost of the installation and the removal of all temporary connections to the existing distribution system, arrangements shall be made to provide a separate temporary service for their own use and shall pay all energy and other costs incurred. The existing water supply system may be used for construction purposes. The cost of such water will be paid by the Owner. Each Contractor shall provide their own hoses and other temporary extensions and connections. Temporary connections shall be removed by the party installing them when no longer required. Existing sanitary facilities will be made available for use by all construction personnel on the Project. OR, delete the previous sentence and enter: No facilities are available for use.1.09Special Site Conditions. Special care shall be taken to prevent damage to any part of the existing building, walks, plantings in the course of the work. Coordinate placement of equipment (crane or mechanical lift) with the Owner and determine acceptable location and loading capacity. It shall be the Contractor’s responsibility to restore anything damaged in the course of the Contract Work to its original condition.1.10Substitutions. Substitutions of materials and equipment shall be as set forth in the Terms and Conditions.1.11Protection and Barricades. During the removal and repair operation, the Contractor shall erect temporary enclosures, barricades, fences, or such protective structures as required to enclose the space or construction area and to provide protection to the public and staff. Such enclosures shall be constructed in a manner to preclude normal access to the construction area by unauthorized persons. After completion of the project, the Contractor shall remove the temporary barricades and repair damage caused by the erection of the barricades. 1.12Maintenance. The Contractor will be required to maintain all finished work until final acceptance by the State Project Manager.1.13Oral Statements. No oral statements made by any person shall be allowed in any manner or degree to modify or otherwise affect the terms, conditions, and specifications or the resulting purchase order. 1.14Storage of Materials. Payment will not be made for materials stored off site. The Contractor shall provide storage as required to protect and preserve all materials stored at the site. Confine storage of materials and other apparatus to areas designated for such purposes by the Owner. The Contractor shall properly secure, cover and protect materials and work and all State property against damage of any kind until this project is completed and ready to turn over to the Owner.1.15Salvage/Removal of Materials and Safety Provisions. Salvage remnants for Owner’s reuse. Removal of all other extraneous material disrupted during construction is the responsibility of the Contractor. Strict adherence to OSHA Safety Requirements is mandatory1.16Interruption of Services. The Contractor shall not interrupt, cut, or alter in any way any of the existing services and utilities of the Owner without the express written notice and permission of the Owner. If the Contractor must interrupt electrical, mechanical, or telephone service, they shall notify the owner of such need immediately, and if possible at least 7 days prior to altering such service and shall receive written permission to conduct such alteration before commencing such work. 1.17 Clean-up. The Contractor shall clean up finished surfaces, storage areas, and areas contiguous to the work; remove all debris, containers, and scrap materials from the project site and dispose of in a legal manner; touch up and restore any finishes that are damaged prior to final inspection. 1.18Final Inspection. The Contractor shall set up and schedule inspection prior to final acceptance of Owner. 1.19Jobs Reporting OR PM TO DETERMINE FUNDING SOURCE and enter NOT USED if bond funds are not used..1 Should this Project be funded all or in part by state bond funds or general fund-financed projects included in capital investment bills the project is subject to the job reporting requirements of Minn. Stat. 16A.633, subd. 4. .2 The Contractor shall submit, with their final payment, a jobs report on jobs gained or retained as a result of this project. See Attachment 5 for instructions and form to use. .3 The Contractor must incorporate these reporting requirements into its contracts with its subcontractors, and should impose deadlines on reporting by subcontractors so that contractors can meet the deadlines for reporting.1.20Responsible ContractorThe contractor shall submit the certification and information contained in Attachment E-6, E6.1 and E6.2. A responsible contractor is defined as a contractor that conforms to the responsibility requirements in for its portion of the work on the project and verifies that it meets the minimum criteria as defined in Minn. Stat. § 16C.285 subd. 3 (1)-(7). [Minn. Stat. § 16C.285 subd. 3]. Attachment E.6 contains additional information and criteria for being deemed a responsible contractor. 1.08AMERICAN-MADE STEELA.This project requires use of American-made steel. American-made Steel is defined as steel for which all manufacturing processes must take place domestically. Manufacturing is any process that modifies the chemical content; physical shape or size; or final finish of a product. Manufacturing begins with the initial melting and mixing, and continues through the bending and coating stages. If a domestic product is taken out of the US for any process, it becomes foreign source material. B.For purposes of this solicitation, the tracking of American-made steel use will be limited to that steel found in Division 3 – Concrete and Division 5 –Metals. [NOTE TO ARCHITECT/ENGINEER: insert additional divisions identified as containing large amounts of steel as instructed] Contractors are encouraged to use American-made steel whenever possible in the other divisions. The prime contractor must submit proof of origin of steel materials in Division 3 and Division 5 [NOTE TO ARCHITECT/ENGINEER: insert additional devisions identified as containing large amounts of steel as instructed] for acceptance as part of the project’s submittal processes. Submittals without acceptable documentation of the steel origin as American-made will be rejected. If a responder discovers that American-made Steel is not available for a specific item while preparing their response, immediately notify the State in writing prior to the bid due date and request acceptance of substitute product by addendum. C.Post-award substitution request: Documentation that American-made steel is not available for a particular product must be submitted for consideration of substitute products. See substitution requirements for process instructions.[NOTE TO ARCHITECT/ENGINEER: Add additional requirements such as Capitol Complex Guidelines, Hotworks requirements, security requirements, etc. This hidden text will not print.1.21American Made Steel. OR PM TO DETERMINE FUNDING SOURCE and enter NOT USED if 2014 bond funds are not used. When the project is funded by 2014 year bond proceeds, the project requires use of American-made steel. American-made Steel is defined as steel for which all manufacturing processes must take place domestically. Manufacturing is any process that modifies the chemical content; physical shape or size; or final finish of a product. Manufacturing begins with the initial melting and mixing, and continues through the bending and coating stages. If a domestic product is taken out of the US for any process, it becomes foreign source material.For purposes of this solicitation, the tracking of American-made steel use will be limited to that steel found in Division 3 – Concrete rebar and Division 5 – Metals-structural steel. Contractors are encouraged to use American-made steel whenever possible in the other divisions. The prime contractor must submit proof of origin of steel materials with final payment.1.22 INQUIRIES and PUBLICITY. Direct all correspondences, inquiries, questions, general issues, or technical issues regarding this project to the State Project Manager.The Contractor shall make no representations of the State’s opinion or position as to the quality or effectiveness of the products and/or services that are the subject of this Contract without the prior written consent of the contracting authority. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, and similar public notices.1.23 PRICES/ALTERATIONS. For each product or service, a unit price and a total for the quantity must be stated. In case of error in the extension, the unit price prevails. 1.24 TAXES. The contractor shall include all applicable State or Federal sales, excise or use tax on all materials, supplies, and equipment that are to be utilized on this project.MODIFICATIONS. Modifications to the price will be made upon approval by the State Project Manager. Modification quotes must include a full material and labor cost breakdown.PRODUCTS. When brand name or manufacturer's numbers are stated in the specifications, they are intended to establish a standard only and are not restrictive unless the specification states: "No Substitute." Responses will be considered on other makes, models, or brands having comparable quality, style, and performance characteristics. Alternate equipment is subject to approval and must be available for demonstration. Samples may be required. All specifications are for new equipment unless otherwise noted. The State reserves the right to reject any or all responses that are not an approved equal.PAYMENT, SUBSTANTIAL COMPLETION, and RETAINAGE. Minn. Stat. § 16A.124, subd. 3 requires payment within 30 days following receipt of an undisputed invoice, merchandise or service whichever is later. Terms requesting payment in less than 30 days will be changed to read "Net 30 Days” if it is in the state’s best interest. The state reserves the right to take advantage of prompt pay discount terms..1 PROGRESS PAYMENTS. At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect or Engineer (or State Project Manager if no Architect or Engineer is involved, an itemized Application for Payment prepared in accordance with the schedule of values for completed portions of the Work. Such application shall be notarized, and on an Owner prescribed form, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents..2 SUBCONTRACTOR PAYMENT. In accordance with Minn. Stat. § 16A.1245, the Contractor shall, within 10 days of receipt of payment from the State, pay all Subcontractors and suppliers having an interest in the Contract their share of the payment for undisputed services provided by the Subcontractors or suppliers. The Contractor is required to pay interest of 1-1/2 percent per month or any part of a month to the Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid, undisputed balance of $100 or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A Subcontractor that takes civil action against the Contractor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorney’s fees that were incurred in bringing the action. The Contractor agrees to take all steps necessary to comply with said statute. A consultant is a Subcontractor under the Contract. In the event the Contractor fails to make timely payments to a Subcontractor or supplier, the State may, at its sole option and discretion, pay a Subcontractor or supplier any amounts due from the Contractor and deduct said payment from any remaining amounts due the Contractor. Before any such payment is made to a Subcontractor or supplier, the State shall provide the Contractor written notice that payment will be made directly to a Subcontractor or supplier. If there are no remaining outstanding payments to the Contractor, the State shall have no obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law..3 Final Payment. Prior to final payment, the Contractor and its Subcontractors shall deliver an IC 134 – Withholding Affidavit for Contractor to the state agency along with the request for final payment/invoice. To print a copy of the IC-134 Form, or to file online, go to: . The MN Department of Revenue must approve and sign the paper form prior to submitting to the state agency for project payment. After filing online, the Contractor must provide the paying agency a printed copy confirming approval from the MN Department of Revenue. Include copies of all subcontractor IC-134s. Instructions are contained in Attachment E-4.The contractor shall submit the closeout submittal items listed in Attachment E-10..4 Substantial Completion. Except as provided in § 9.8.6, Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use..1 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents..2 After validating the Contractor’s claim of Substantial Completion and accompanying list, the Architect will perform site inspections to verify work completion and prepare a supplemental comprehensive list of items to be completed prior to Substantial Completion and prior to final payments..3 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion..4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner may, at the sole discretion of the Owner, make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete, defective, not in accordance with the requirements of the Contract Documents, or unsettled claims, and shall include the cost of any third party to finish incomplete, incorrect or defective work, and compensation and expenses of the Architect and Owner for work related thereto..5 Retainage. The Owner shall release retainage no later than 60 days following the date of Substantial Completion, subject to the following conditions:.1 There is no dispute the construction is sufficiently completed so that the Owner or the Owner’s representative can occupy or use the Work for the intended purpose..2 Owner may withhold 250% of the cost to correct or complete any work known at the time of Substantial Completion. The Owner shall make payment to the Contractor for any amounts withheld within 60 days following completion and/or correction of the work.3 Owner may withhold 1.0% of the value of the contract or $500 whichever is greater pending completion and submission of all final paperwork by the Contractor or Subcontractor. The Owner shall make payment to the Contractor for any amounts withheld within 60 days following submission of all final paperwork.The term “final paperwork” means the documents required to fulfill contractual obligations, including, but not limited to, operations and maintenance (O & M) manuals, payroll documents for projects subject to prevailing wage requirements, and the Department of Revenue withholding certificates (IC -134) required by MN Statute §270.66..4 If the Owner withholds payment pursuant to 1.27.5.2 or 1.27.5.3, the Owner shall promptly provide a written statement detailing the amount and basis for withholding to the Contractor. The Owner and contractor must provide a copy of this statement to any subcontractor that requests it..5 For release of retainage only as provided under 1.27.5.1 through 1.27.5.4 above, the date of Substantial Completion shall be determined by the date when construction is sufficiently completed so that the Owner or the Owner’s representative can occupy or use the Work for the intended purpose. For construction, reconstruction, or improvement of streets, highways, including bridges, Substantial Completion means the date when construction-related traffic devices and ongoing inspections of the work are no longer required..6 The Contractor shall pay all remaining retainage to its Subcontractors no later than ten (10) days after receiving payment from the Owner unless there is a dispute about the Work under the subcontract. If there is a dispute about the Work under a subcontract, the contractor shall pay out retainage to any Subcontractor whose work is not involved in the dispute, and shall provide a written statement detailing the amount and reason for withholding to the affected Subcontractor. .7 Upon a written request of a Subcontractor, the Owner shall notify the Subcontractor of a progress payment, retainage payment, or final payment made to the Contractor..8 Should the Owner reduce the amount of retainage, the Contractor shall reduce retainage for any Subcontractors at the same rate or amount..9 The Owner shall not withholding retainage for warranty work. The term “warranty work” means work that needs to be corrected but is not yet known at the time of substantial completion. This provision does not waive the Owner’s rights for warranty claims..10 If the project is funded with federal or state aid, the Owner is not required to pay that portion of the contract funded by federal or state aid until the federal or state aid payments have been received. .11 Nothing in this Section requires payment for a portion of the contract that is not complete or for which an invoice (payment application) has not been submitted.PROMPT PAY DISCOUNT. Prompt payment discounts offered for payment in less than 30 days will not be considered in making the award. Prompt payment discounts offered with net 30 payment terms will be considered in making the award. The date from which discount time is calculated shall be the date of receipt of the invoice, receipt of shipment or date of acceptance, whichever is later. If testing is performed, however, then the date shall be the date of acceptance of the goods or services. EQUAL PAY CERTIFICATION. When the work under this contract could be in excess of $500,000, the Contractor must obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) or claim an exemption. .? A responder is exempt if it has not employed 40 or more full-time employees on any single working day during the previous 12 months in Minnesota or the state where it has its primary place of business. Please contact MDHR with questions at: 651-539-1095 (metro), 1-800-657-3704 (toll free), 711 or 1-800-627-3529 (MN Relay) or at compliance.MDHR@state.mn.us.For additional information and form to be submitted see Attachment E-7.WORK FORCE COMPLIANCE. When the cost of the work (purchase order amount) is in excess of $100,000, the State of Minnesota – Workforce Certification form is required. Complete and submit the form in Attachment E-8.LAWS AND REGULATIONS. Any and all goods and services offered and furnished must comply fully with all local, state, and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Minnesota Secretary of State’s ERNING LAW. The solicitation and the Contract will be construed in accordance with and performance governed by the laws of the State of Minnesota. Except to the extent that the provisions of the Contract are clearly inconsistent therewith, the Contract will be governed by the Uniform Commercial Code (UCC) as adopted by the State of Minnesota. To the extent the Contract entails delivery or performance of services, the services will be deemed "goods" within the meaning of the UCC, except when to deem such services as "goods" is unreasonable.1.33ASSIGNMENT. The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.1.34STATE AUDIT. Pursuant to Minn. Stat. § 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of the Contract Vendor and its employees, agents, or subcontractors relevant to the Contract must be made available to and subject to examination by the legislative auditor and/or the State auditor for a minimum of six years after the end of the Contract. The books, records, documents, bid preparation documents, and accounting procedures and practices of the Contractor and its employees, agent, or subcontractors relevant to the Contract must be made available to and subject to examination by the Owner, Legislative Auditor and/or the State Auditor for a minimum of six years after the end of the contract. The Contractor shall maintain all documentation, at its expense, in the event of a claim giving rise to a litigation hold order.1.35TAX IDENTIFICATION and REGISTRATION. Pursuant to Minn. Stat. § 270C.65, subd. 3, Minnesota Contract Vendors are required to provide their Minnesota tax identification number and federal employer identification number (or Social Security number). Non-Minnesota Contract Vendors are required to provide their federal employer I.D. number (or Social Security number) only. This information may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent State tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in payment of State obligations. The contractor shall submit this information on the Attachment E-3 form. See paragraph 1.57 for Contractor and subcontractor registration.1.36RISK OF LOSS OR DAMAGE. The state is relieved of all risks of loss or damage to the goods and/or equipment during period of transportation, and installation by the Contract Vendor in the possession of the Contract Vendor or their authorized agent. 1.37INDEMNIFICATION, HOLD HARMLESS AND LIMITATION OF LIABILITY. The Contract Vendor shall indemnify, protect, save and hold harmless the state, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the state arising from the performance of the Contract by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the state's failure to fulfill its obligations pursuant to the Contract. The state agrees that the Contract Vendor, its principals, members and employees shall not be liable to the state for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the goods provided or services performed hereunder for an aggregate amount in excess of $10,000,000 or the contract amount, whichever is greater. This limitation of liability does not apply to damages for personal injury or death, or to the Contract Vendor's obligation to indemnify, and hold the state harmless against intellectual property infringement claims. This indemnification does not include liabilities caused by the state's gross negligence or intentional wrong doing of the StateSTATE’S NON-INDEMNIFICATION. The State does not agree to indemnify, defend, hold harmless or release the Contract Vendor, Contract Vendor’s subcontractors, or Contract Vendor’s agents. 1.38DEFAULT. A State purchase order constitutes a binding contract. All commodities furnished will be subject to inspection and acceptance by the requisitioning entity after delivery. No substitutions or cancellations are permitted without written approval of the State contracting agency. Back orders, defaults in contracted delivery, or failure to meet specifications in the purchase order and/or the solicitation authorize the State contracting agency to cancel the award or any portion of it, purchase elsewhere, and charge the full increase, if any, in cost and handling to the defaulting Contract Vendor. A Contract Vendor may be removed from the State's vendor list or suspended or debarred from receiving awards for consistent failure to comply with the terms and conditions of the Contract, or for failure to pay the State for the cost incurred on defaulted Contracts. 1.39 CANCELLATION OF THE CONTRACT. The Contract may be cancelled by the state or the Commissioner of Administration at any time, with or without cause, upon 30 days written notice to the Contract Vendor. In the event the Contract Vendor is in default, the Contract is subject to immediate cancellation to the extent allowable by the applicable law. In the event of cancellation, the Contract Vendor shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed and accepted. 1.40CLAIMS AND DISPUTE RESOLUTION PROCEDURES. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, extension of time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. Arbitration and Mediation, mandated or otherwise required, as a method of dispute and/or claim resolution, wherever referenced in Article 15, do not apply to this Contract or any Contract with the State of Minnesota. This Article 15 is modified to exclude all references to arbitration and mediation and to substitute the following:The Contractor and the State may exercise those legal remedies in District Court as may be available to them in connection with any dispute arising out of this agreement which cannot be settled by the parties.In case any question, dispute or controversy arises between the Contractor and Owner, or Contractors separately employed by the State, such dispute or controversy shall be referred to the Commissioner of Administration or the Commissioner of Administration’s designee.The venue of any proceedings is herein agreed to be Ramsey County, State of Minnesota, unless otherwise specifically agreed.The Contractor shall carry on the work and maintain the progress schedule during any proceedings or disputes, unless otherwise instructed by the Owner in writing.1.41JURISDICTION AND VENUE. This Contract, amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Contract or breach thereof shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota.1.42 FORCE MAJEURE. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that performance of any such obligations is prevented or delayed by acts of God, war, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been take to prevent the delay or failure to perform. A party defaulting under this provision must provide the other party prompt written notice of the default and take all necessary steps to bring about performances as soon as practicable.1.43CONFLICT OF TERMS. In the event of any conflict between General Terms and Conditions, and any Special Terms and Conditions, the Special Terms and Conditions govern.1.44 GOVERNMENT DATA PRACTICES. The Contractor and the Owner must comply with the Minnesota Government Data Practices Act, Minn. Statute Ch 13, as it applies to all data provided by the Owner, and as it applies to all data created collected, received, stored, used, maintained or disseminated by the Contractor under this Contract. The civil remedies of Minn. Statute 13.08 apply to the release of all data by either the Contractor or the Owner.If the Contractor receives a request to release data, the Contractor must immediately notify the Owner before releasing any data. The Owner will give the Contractor instructions concerning the release of the data to the requesting party.1.45ANTITRUST. The Contract Vendor hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with the contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the state. 1.46PRODUCTS AND MATERIALS including HAZARDOUS AND BANNED MATERIALSTo the extent that the goods to be supplied to the State by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations, the Contract Vendor must provide the State with material safety data sheets regarding those substances. A copy must be included with each delivery.A. PRODUCTS CONTAINING ASBESTOS BANNED. No asbestos containing materials shall be brought on the project site, installed on the project, or used in the installation of work on the project.`A.1 The Contractor is responsible for compliance with any requirements regarding hazardous materials. If the Contractor encounters a hazardous material or substance and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and the Owner will have the materials removed under a separate contract.B. PRODUCTS CONTAINING CERTAIN TYPE OF POLYBROMINATED DIPHENYL ETHER BANNED. Per Minn. Stat. §§ 325E.385-325E.388.C. PRODUCTS CONTAINING COAL TAR SEALANT BANNED. The contractor shall not provide coal tar sealant products. “Coal tar sealant product” means a surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstract Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2. Coal tar sealants must not be used or sold for application on asphalt-paved surfaces. See Minn. Stat. § 116.201. D. PRODUCTS CONTAINING MERCURY BANNED. No Products containing mercury shall be brought to the project site or installed on the project, or used in the installation of the work. E. PRODUCTS CONTAINING TRICLOSAN BANNED. Contractor/Responder certifies that their products offered and sold under a state contract do not contain triclosan pursuant to the State Sustainability Plan Targets adopted by the Inter-Agency Pollution Prevention Advisory Team on February 28, 2013.1.47PREVAILING WAGE REQUIREMENTSPursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Minnesota Rules 5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry. Specifically, all contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. Prevailing Wage requirements apply to a contract or work under a contract, under which: 1. only one trade or occupation is required to complete it and the project is greater than $2,500; or 2. the estimated total cost of completing the project is greater than $25,000. See Attachment E-5 for further information on prevailing wages and prevailing wage rates.The Contractor and Subcontractor shall furnish to the Contracting Authority and the Project Owner all payrolls, of all workers on the project, via E-mail as attachments, to the appropriate E-mail addresses provided on the purchase order. If an email address is not included on the purchase order, contact the Contracting Authority to obtain the appropriate email address. The Contractor and Subcontractor must submit the State of Minnesota Prevailing Wage Payroll Report and Statement of Compliance Form within 14 days after the end of each pay period. The forms are available on the Materials Management Division (MMD) website at mmd.admin.state.mn.us/mn02000.htm . No other payroll forms will be accepted to meet this requirement. The Contractor and Subcontractor must complete the Prevailing Wage Payroll Report in Microsoft Excel, and the Statement of Compliance in an Adobe PDF. The subject line of the email must give the company name, contract/purchase order number, and pay period ending dates. The Department of Labor and Industry has a web page with Frequently Asked Questions about prevailing wages at . For questions regarding the Prevailing Wage Laws, contact the Department of Labor and Industry at 651.284.5091.1.48BUILDING CONSTRUCTION CONTRACTOR REGISTRATION. A.Per Minn. Stat. § 326B.701, unless exempt, any Person, as defined by Minn. Stat. § 181.723, subd. 1(a), who performs public or private construction?services?must register with the Department of Labor and Industry (DLI). Registration is required prior to receiving a contract award.?For additional information, and to register, go to dli.register or call 651.284.5074. 1.Building construction contractors, including independent contractors, subcontractors, and business entities providing public or private sector commercial or residential building construction or improvement services must be registered with the Department of Labor and Industry (DLI). 2.The registration requirement does not apply to workers and businesses that are already licensed, registered, or certified with the Department of Labor and Industry (DLI), nor does it apply to employees. 3.General or Prime Contractors will be able to verify that subcontractors are registered on the searchable Department of Labor and Industry Contractor Look-Up web site. 4.The law provides for penalties for failure to register, hiring unregistered contractors, misclassifying employees, and coercing others to form a business entity. Following registration, submit Attachment E-3 to the State Project Manager.1.49ENVIRONMENTAL CHARACTERISTICS FOR REPORTING PURPOSES. The state desires to purchase environmentally responsible goods and services where practicable. 1.50PRICING OFFERED. Prices take into consideration all labor and equipment necessary to perform the scope of work identified . The Contractor agrees to pay any and all fees, including, but not limited to: duties, custom fees, permits, brokerage fees, licenses, insurance, health & safety and registrations. The State will not pay any additional charges beyond the price(s) listed in the quote, unless otherwise provided for by law or expressly allowed by the terms of the contract. 1.51 FEDERAL DEBARMENT. By entering into this contract, the contractor certifies that neither it nor its principals is presently debarred or suspended by any federal department or agency; or if the amount of this response is equal to or in excess of $25,000 that neither it nor its principals, nor its subcontractors receiving subawards equal to or in excess of $25,000 is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. If unable to certify to any of the statements in this certification, the responder must attach an explanation to its response. 1.52STATE DEBARMENT. By entering into this contract, the contractor certifies that neither it nor its principals is presently debarred or suspended by any state agency. If unable to certify to any of the statements in this certification, the responder must attach an explanation to its response. 1.53TARGETED GROUP BUSINESS GOALS PM to review project with OEP to determine this goalThis project has a Targeted Group (TG), Economically Disadvantaged (ED), and Veteran-Owned (VO) Small Business (TG/ED/VO) subcontracting goals established. Additional information and the established goal percentage amount along with instructions are in ATTACHMENT E-15.The contractor shall make good faith efforts to achieve the goals and provide periodic reporting to the Office of Equity in Procurement. See reporting forms and instructions in ATTACHMENT E-15,ATTACHMENT E-1 INSURANCE REQUIREMENTS See Example Certificate of Liability Insurance Form at the end of this attachment.§?11.1 CONTRACTOR’S?INSURANCE§?11.1.1 The Contractor shall not commence work under the Contract until it has obtained all the insurance required by the specifications and such insurance has been approved by the State of Minnesota, Materials Management Division. All policies and certificates shall provide that the policies shall remain in force and effect throughout the term of the contract.§?11.1.2 COMMERCIAL GENERAL LIABILITY§?11.1.2.1 Contractor shall maintain insurance to cover claims arising from operations under this Contract, whether such operations are by the Contractor, Subcontractor, Sub-Subcontractor or by anyone directly or indirectly employed under this Contract. Unless otherwise specified, the insurance minimum limits of liability shall be as follows:$2,000,000 – Per Occurrence$2,000,000 – Annual Aggregate applying per project or location$2,000,000 – Annual Aggregate applying to Products and Completed Operations $50,000 – Fire Damage (any one fire) $5,000 – Medical Expense (any one person per occurrence)§?11.1.2.2 The following coverages shall be included:Premises and Operations Bodily Injury and Property DamagePersonal Injury & Advertising InjuryProducts and Completed Operations Liability, to be maintained for at least 3 years after completion of the work under this contract.Contractual Liability as provided in ISO form CG 00 01 12 04 13 or its equivalent Pollution exclusion with standard exception as per Insurance Services Office (ISO) Commercial General Liability Coverage Form – CG 00 01 12 04 13 or equivalentIndependent Contractors – Let or Sublet workWaiver of Subrogation in favor of the State of MinnesotaContractor agrees it’s coverage will not contain any restrictive endorsement(s) excluding or limiting Broad Form Property Damage (BFPD) or Explosion, Collapse, Underground (XCU).§?11.1.2.3 Officers and Employees of the State of Minnesota, the Architect and its agents shall be named as Additional Insureds, to the extent permitted by law, for claims arising out of the Contractor’s negligence or the negligence of those for whom the Contractor is responsible for both ongoing and completed operations.§?11.1.3 BUSINESS AUTOMOBILE LIABILITY§?11.1.3.1 Contractor shall maintain insurance to cover liability arising out of the operations, use, or maintenance of all owned, non-owned and hired vehicles. Unless otherwise specified, the insurance minimum limits shall be as follows:$2,000,000 – Per Occurrence combined Single Limit Bodily Injury and Property Damage.§?11.1.3.2 The following coverages shall be included:Owned AutomobilesHired AutomobilesNon-owned AutomobilesWaiver of subrogation in favor of the State of Minnesota§?11.1.4 PROFESSIONAL LIABILITY – DESIGN ERRORS AND OMISSIONS§?11.1.4.1 If the Owner specifies that the Contractor provide design and related services and, pursuant to Section 3.12.10, the Contractor provides such services with its employees, the Contractor shall maintain insurance covering negligent acts, errors or omissions, arising out of the performance of, or the failure to perform, such professional services included in the Contract Documents. Additionally, the Contractor shall require its Architectural and Engineering consultants and their subconsultants, if any, to maintain professional liability insurance. All such insurance shall be maintained for a minimum of five (5) years, if commercially available, otherwise a minimum of three (3) years following completion or earlier termination of the Project. Unless otherwise specified, the insurance minimum shall be as follows:§?11.1.4.2 Minimum limit of liability of $2,000,000 per claim and $2,000,000 annual aggregate. Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the Owner. §?11.1.4.3 If the policy is claims made, it shall contain the following language:Prior acts or retroactive date of coverage shall not be subsequent to the effective date of this Contract and Contractor shall maintain such insurance for a period of at least five (5) years, if commercially available, otherwise a minimum period of three (3) years, following completion or earlier termination of the Project. If such insurance is discontinued, extended reporting period coverage must be obtained to fulfill this requirement. Evidence of insurance shall be filed with the Owner prior to start of design services if they are to be provided. §?11.1.5 WORKERS’ COMPENSATION§?11.1.5.1 Contractor shall provide workers’ compensation insurance for all employees and shall require any Subcontractor to provide workers’ compensation insurance in accordance with the statutory requirements of the State of Minnesota and must include:a.Part 2, Employers Liability including Stop Gap Liability for monopolistic states, at limits of not less than:$100,000 – Bodily Injury by disease per employee$500,000 – Bodily Injury by disease aggregate$100,000 – Bodily Injury by accidentb.Coverage C: All States CoverageIf applicable, USL&H, Maritime, Voluntary and Foreign Coverage.A waiver of subrogation in favor of the State of Minnesota, as Owner.§?11.1.5.2 If Contractor is self-insured for its obligation under the Workers’ Compensation Statutes in the jurisdiction where the project is located, a Certification of the Authority to Self-Insure such obligations shall be provided. Evidence of Subcontractor insurance shall be filed with the Contractor.§?11.1.6 AVIATION AND/OR MARINE PUBLIC LIABILITY §?11.1.6.1 Should aircraft or watercraft of any kind be used by the Contractor, any tier of Subcontractor or by anyone else on their behalf, Contractor or Subcontractor shall maintain or cause the operator of the aircraft/watercraft to maintain aircraft/watercraft public liability insurance including bodily injury, property damage and passenger liability, as respects any aircraft/watercraft owned, used, operated or hired in connection with the work by the Contractor, Subcontractor or anyone else in the following limits:§?11.1.6.2 Aircraft/ Watercraft Liability - $10,000,000 Per Occurrence combined Single Limit Bodily Injury and Property Damage.Evidence of insurance shall be filed with the Owner prior to use of equipment on project.§?11.1.7 UMBRELLA OR EXCESS LIABILITY§ 11.1.7.1 The Contractor shall provide Umbrella or Excess Liability Insurance with limits of not less than $2,000,000 per occurrence and $2,000,000 aggregate and with coverage at least as broad as the primary coverages of Commercial General Liability, Employer’s Liability and Automobile Liability set forth in Article 11 or use Umbrella or Excess Liability Insurance to supplement the primary policy limits to satisfy the full policy limits required by the Contract. Officers and employees of the State of Minnesota, the Architect and its agents shall be named as Additional Insureds, to the extent permitted by law, for claims arising out of the Contractor’s negligence or the negligence of those for whom the Contractor is responsible for both ongoing and completed operations.§?11.1.8 ADDITIONAL INSURANCE CONDITIONS§?11.1.8.1 Primary and Non-Contributory - Contractor’s policy(ies) shall be primary and non-contributory insurance to any other valid and collectible insurance available to the State of Minnesota or self-insurance maintained by the State of Minnesota with respect to any claim arising out of this Contract.§?11.1.8.2 Contractor is responsible for payment of contract related insurance premiums and deductibles. §?11.1.8.3 Insurance Companies must either (1) have an AM Best rating of A- (minus) and a Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota or (2) be domiciled in the State of Minnesota and have a Certificate of Authority/Compliance from the Minnesota Department of Commerce if they are not rated by AM Best.§?11.1.8.4 Insurance Companies waive their rights to assert the immunity of the State as a defense to any claims arising out of this Contract.§?11.1.8.5 The above establishes minimum insurance requirements. It is the sole responsibility of the Contractor to determine the need for and to procure additional insurance that may be needed in connection with this contract.§?11.1.8.6 Certificates of Insurance acceptable to the State of Minnesota shall be submitted prior to commencement of the work under this contract. If the Contractor receives a cancellation notice from an insurance carrier affording coverage herein, the Contractor agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless the Contractor’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be canceled without at least thirty (30) days advance written notice to the State of Minnesota. §?11.1.8.7 Coverage under the General Liability policy(ies) of the Contractor will be as broadly construed for the Owner as is available to the Contractor. §?11.1.8.8 The liability limits specified are the minimum limits required, and any and all additional limits provided to the Contractor will be available on an excess, umbrella or other basis, to the Additional Insured for any and all covered claims. §?11.1.8.9 The insurance and insurance limits required herein shall not be deemed as a limitation on the Contractor’s liability with regard to the indemnities granted to the Owner under the contract. §?11.2 Owner’s Liability Insurance: The Owner will be responsible for maintaining its own liability insurance or self insurance program and, at its option, may purchase and maintain such insurance as will protect the Owner against claims which may arise from operations under the Contract.§?11.3.1 BUILDER’S RISK INSURANCE – BY CONTRACTOR [ When cost of work is $7550,000 or more ]When contracted amount of work is $50,000 or more, the Contractor shall be responsible for providing and maintaining “All Risk” or equivalent Builder’s Risk policy insuring the interest of the Owner, Contractor, and any tier of Subcontractor. Coverage on an “All Risk” or equivalent basis shall include the perils of flood, earthquake and pollution cleanup expense. Builder’s Risk limit of liability shall be equal to the amount of the contract. Any deductible shall be the sole responsibility of the Contractor and shall not exceed $10,000 without the written approval of the Owner. .1 The Builder’s Risk policy will cover all materials, supplies and equipment that are intended for construction and specific installation in the project while such materials, supplies and equipment are located at the project site, in transit and while temporarily located away from the project site for the purpose of repair, adjustment or storage at the risk of one of the insured parties..2 Any property not covered by the Builder’s Risk policy, such as the Contractor’s or any tier of Subcontractor’s licensed motor vehicles or personal property, including job trailers, machinery, tools, equipment and property of a similar nature not destined to become a part of the project, shall be the responsibility of the Contractor or Subcontractor at any tier, and such person or organization may self insure or provide other insurance at its option for the same..3 Waiver of Liability: Absent Owner or Architect sole negligence or breach of specific Contractual duty specifically and logically related to the damage or loss, the Owner or Architect will not be responsible for loss or damage to property of any kind owned, borrowed, rented or leased by the Contractor, Subcontractors of all tiers and/or the Contractor’s/Subcontractors employees, servants or agents..4 Waivers of Subrogation: The Owner and Contractor waive all rights against (1) each other and any of their Subcontractors of all tiers and (2) the Architect, and the Architect’s Subcontractors of all tiers for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to the provisions of paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner or Contractor as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, and the Architect’s Subcontractors of all tiers, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged..5 All losses and claims shall be immediately reported to the Contractor, Owner and applicable insurance carrier, under loss notice procedures as directed by the Contractor. .6 Any loss insured under Section 11.3 is to be adjusted with the Contractor and made payable to the Contractor as trustee for all insured parties, as their interests may appear, subject to the requirements of any applicable mortgage clause. The Contractor shall pay the Owner a just share of any insurance moneys received, and by appropriate agreement, written where legally required for validity, shall require the Contractor to make just share payments to the Subcontractors and lower tiered Sub-Subcontractors in similar manner..7 Partial occupancy or use shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise..8 Boiler and Machinery Insurance. The Contractor shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owners, Contractor, Subcontractors and Sub-Subcontractors in the Work, and the Owner and Contractor shall be named insureds..9 Loss of Use Insurance. The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused.§?11.4 PERFORMANCE?BOND?AND?PAYMENT?BOND [ When cost of work is $100,000 or more ]§?11.4.1 When contracted amount of work is $100,000 or more, the Contractor shall furnish a Performance Bond and a Labor and Material Payment Bond (individually a “Bond” and collectively “Bonds”) to the Owner. The Performance Bond shall be in an amount equal to 100% of the full amount of the Contract sum as security for the faithful performance of the Contract, and the Labor and Material Payment Bond shall be in an amount equal to 100% of the full amount of the Contract sum as security for the payment of all persons performing labor and furnishing materials in connection with the Contract Documents. Such Bonds shall be on forms approved by or provided by the Owner and shall name the Owner as primary Obligee.§?11.4.2 The surety issuing the Bonds shall be satisfactory to the Owner, be licensed to issue Bonds in the State of Minnesota, shall be rated by A.M. Best an A-(minus) or better, and shall be within the limit set by the Treasury Department as the net limit on any single risk for the surety, or if co-sureties are utilized, the amount of each Bond shall be within the total of such limits set for a surety and any such co-sureties. There shall be no affiliation between the Contractor and any bonding agencies or agent used.§?11.4.3 In the event of change orders that result in an increase in the Contract Sum, the penal sum of each Bond shall increase in the amount of such change in the Contract sum without obtaining the surety’s consent up to a maximum of 10% of the penal sum. Any aggregate increase in the excess of 10% of the original penal sum shall require the surety’s written consent. The Contractor shall be responsible for getting the consent, and shall submit a copy of such consent to the Owner.§?11.4.4 If the Owner determines that the surety providing the bonds no longer meets the requirements of Section 11.4.2, the Contractor shall obtain an adequate replacement surety that will provide acceptable bonds in the same form and amount as the bonds issued by the original surety. The Contractor shall pay the premium(s) on such new Bond(s). The Contractor acknowledges that further payments to the Contractor may not be made until the new surety has been qualified and approved.18827751151255Example00ExampleCERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YY)Date Cert. TypedPRODUCERAgent/Broker Name & AddressTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.INSUREERS AFFORDING COVERAGEINSUREDContractor/Vendor Name & AddressINSURER A: Name of Insurance CompanyINSURER B: “ “ “INSURER C: “ “ “INSURER D: “ “ “INSURER E: “ “ “COVERAGESTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OF CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.? LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.INSRLTRTYPE OF INSURANCEPOLICY NUMBERPOLICY EFFECTIVEDATE(MM/DD/YY)POLICY EXPIRATIONDATE(MM/DD/YY)LIMITSAGENERAL LIABILITYPolicy NumberEffective date of policyExpiration date of policyEACH OCCURENCE$2,000,000 COMMERCIAL GENERAL LIABILITYFIRE DAMAGE (Any one fire)$ 50,000 CLAIMS MADE OCCURMED EXP (Any one person)$ 5,000 CONTRACTUAL LIABILITYPERSONAL & ADVERTISING INJURY$2,000,000IMMIMM___________________________________________ DEDUCTIBLE BI AND/OR PD _______GENERAL AGGRREGATE$2,000,000GENERAL AGGREGATE APPLIES PER:PRODUCTS-COMP/OP AGG$2,000,000 POLICY PROJECT LOCBAUTOMOBILE LIABILITYPolicy Number*If required in special terms & conditions.Effective date of policyExpiration date of policyCOMBINED SINGLE LIMIT$2,000,000 ANY AUTO(Ea accident) ALL OWNED AUTOSBODILY INJURY$ SCHEDULED AUTOS(Per person) HIRED AUTOSBODILY INJURY$ NON-OWNED AUTOS(Per accident) * CA 99 48 EndorsementPROPERTY DAMAGE$ * MCS-90 Endorsement(Per accident)CEXCESS LIABILITYPolicy Number(**Excess/Umbrella may be used to supplement the GL & Auto limits, to satisfy policy limits requirements.) Effective date of policyExpiration date of policyEACH OCCURRENCE$ ** OCCUR CLAIMS MADEAGGREGATE$ ** DEDUCTIBLE$ RETENTION $$DWORKERS COMPENSATION ANDEMPLOYERS’ LIABILITYPolicy NumberEffective date of policyExpiration date of policy FORMCHECKBOX WC STATU-ORY LIMITSOTH-ERE.L. EACH ACCIDENT$100,000E.L. DISEASE-EA EMPLOYEE$100,000E.L. DISEASE – POLICY LIMIT$500,000* POLLUTION LIABILITY CLAIMS MADE OCCURPolicy Number*If required in special terms & conditions.Effective date of policyExpiration date of policyEach OccurrenceAggregate$2,000,000$2,000,000 NON-OWNED DISPOSAL SITES NO LEAD EXCLUSIONEBUILDER’S RISK– If required in Article 11.3.1 of solicitation “All Risk” Named PerilsBUILDERS RISK LIMIT-EQUAL TO CONTRACT AMOUNT$DEDUCTIBLE, IF ANY$DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: State Project Title______________________________________________________________________________________ Contract # _________________________ - The State of Minnesota is named as an Additional Insured on a primary and non-contributory basis for ongoing and completed operations under Commercial General Liability, Umbrella or Excess Liability, and *Pollution Liability.- Insurance companies waive any rights to assert the immunity of the state as a defense.- A waiver of subrogation applies in favor of the certificate holder on all policies listed above. CERTIFICATE HOLDER XADDITIONAL INSURED; INSURER LETTER: __ CANCELLATIONThe State of MinnesotaName of State AgencyStreet Address of State AgencyCity, State, & Zip Code of State Agency(See bid form for agency name & address.)SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVEATTACHMENT E-2PREVAILING WAGESE-2.1 Pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Minnesota Rules 5200.1000 to 5200.1120, all contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract as follows:When orders are issued in the amount of $2,500 or more, where only one trade or occupation is required to complete the work; orB. When orders are issued in the amount of $25,000 or more, where one or more than one trade or occupation is required to complete the work.To facilitate compliance, wage determinations (prevailing wages) were prepared for different trades for each county from which labor for said project would be secured and are included with the contract or Purchase Order. Any wage determinations that are found not to be so promulgated do not relieve the Contractor from any responsibility for paying the prevailing wage rate of the trade in question. . If the wage certification or published prevailing wages do not include a rate for a classification of work used on the project, the contractor shall contact the Department of Labor and Industry to obtain a rate. To obtain a rated or for questions regarding the Prevailing Wage Laws, contact the Department of Labor and Industry at 651.284.5091.E-2.2 The prevailing hours of labor may not be more than eight hours per day or more than 40 hour per week. Pursuant to Minnesota Statutes 177.43, “No laborer or mechanic employed directly on the project work site by the Contractor or any subcontractor, agent or other person doing or contracting to do all or a part of the work of the project, is permitted or required to work more hours than the prevailing hours of labor, unless paid for all hours in excess of the prevailing hours at a rate of at least 1-1/2 times the hourly basic rate of pay; and a laborer or mechanic may not be paid a lesser rate of wages than the prevailing wage rate in the same or most similar trade or occupation in the area.” Nothing in this Contract shall be construed as prohibiting the Contractor or subcontractor paying a higher negotiated wage rate. This requirement does not apply to wage rates and hours of employment of laborers or mechanics who process or manufacture materials or products or to the delivery of materials or products by or for commercial establishments which have a fixed place of business from which they regularly supply processed or manufactured materials or products. This section applies to laborers or mechanics who deliver mineral aggregate such as sand, gravel, or stone which is incorporated into the work under the contract by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle.E-2.3 In accordance with Minnesota Statutes 177.30 Sub. 4 and 177.43 Sub. 3, the Contractor and Subcontractor shall furnish to the Contracting Authority and the Project Owner all payrolls, of all workers on the project, via E-mail as attachments, a State of Minnesota Prevailing Wage Payroll Report as a Microsoft Excel file and Statement of Compliance Form as a PDF file to the appropriate E-mail address: .1 Dept. of Administration, Real Estate & Construction Services RECS.PrevailingWageForm@state.mn.us The State of Minnesota Prevailing Wage Payroll Report and Statement of Compliance Form are available on the MMD website at mmd.admin.state.mn.us/mn02000.htm . Submit the completed and signed State of Minnesota Prevailing Wage Payroll Report as a Microsoft Excel file and the Statement of Compliance Form as a PDF file, no other payroll forms will be accepted to meet this requirement. These completed forms must be furnished not more than 14 days after the end of each pay period.The Subject Line on the Contractor’s and Subcontractor’s E-mail must show the Firm name, the Contract Number or Purchase Order Number and the pay period ending date.Failure to maintain records as required by Minnesota Statutes 2008, Section 177.30 may be fined up to $1,000 for each failure to maintain said records. This penalty is in addition to any penalties provided under section 177.32, Subd. 1. Contractors and subcontractors must keep these records for three years after the contracting authority has made final payment on the public works project.E-2.4 The Contractor is solely responsible for payment of all required Prevailing Wage rates. Further, the State will not be liable for increased labor cost, errors in the rates or classifications, or changes to same prior to the awarding of Contracts. Information pertaining to the prevailing wage rates, prevailing hours of labor and hourly basic rates are included in this specification. Said wage rates must be posted in at least one conspicuous place for the employees working on the project.E-2.5 Any Contractor, subcontractor, or agent, who, after executing a contract in compliance with this section, pays to any laborer, workman, or mechanic employed directly on the project, a lesser wage for work done on the project than the prevailing wage rate, shall be subject to fine and imprisonment. This misdemeanor is punishable by a fine of not more than $700, or imprisonment for not more than 90 days, or both. Each agent or subcontractor shall furnish to the contractor evidence of compliance with this section. Each day a violation of this section continues is a separate offense.E-2.6 In accordance with Minnesota Statutes 177.43, sub. 6a, upon issuance of a notice of a compliance order and withholding order issued by the Department of labor and Industry to the Contractor of subcontractor or another employer pursuant to section 177.27, sub. 4 for violation of sections 177.41 to 177.44, the Owner, as the contracting authority shall withhold payment of sufficient sum to the prime or general contractor on the project to satisfy the back wages assessed or otherwise cure the violation, and the owner must withhold the sum ordered until the compliance order has become a final order and has been fully paid or otherwise resolved by the Contractor. ATTACHED ARE THEPREVAILING WAGE RATES ARE IN ATTACHMENT E-11 insert PREVAILING WAGE RATES FOR THE COUNTY WHERE THE PROJECT WORK IS LOCATEDATTACHMENT E-3TAX IDENTIFICATION AND REGISTRATION FORMForm is located at: mmd.admin.state.mn.us/mn02000.htm as referenced above.OFFICIAL NAME OF COMPANY: A.If a Corporation, what is the state of Incorporation? B.If a Partnership, state full names of Copartners: C.If a Limited Liability Company, what is the state in which formed: D.If a sole proprietorship, are you an independent contractor? ____ Yes ____ NoE.SOCIAL SECURITY OR FEDERALTAX I.D. #MINNESOTA STATE TAX I.D.# Pursuant to Minn. Stat. § 270C.65, Subd. 3, Minnesota Contract Vendors are required to provide their Minnesota Tax Identification Number (or and Federal Employer Identification Number (or Social Security Number). Non-Minnesota Contract Vendors are required to provide their Federal Employer I.D. Number (or Social Security Number) only. This information may be used in the enforcement of Federal and State Tax Laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent State Tax Liabilities. These numbers will be available to Federal and State Tax Authorities and State personnel involved in the payment of State obligations.F.BUILDING CONSTRUCTION CONTRACTOR REGISTRATION NO.:Or LICENSE NO.:_____________ TYPE OF LICENSE:_________________________Per Minn. Stat. § 326B.701, unless exempt, any Person, as defined by Minn. Stat. § 181.723, subd. 1(a), who performs public or private construction?services?must register with the Department of Labor and Industry (DLI). Registration is required prior to receiving a contract award.?For additional information, and to register, go to dli.register or call 651.284.5074.G.STATE OF MINNESOTA VENDOR ID#_______________Contractors are required to have a Minnesota Vendor ID prior to receiving a Contract Award. For information on requesting or registering your Minnesota Vendor ID: E-4MINNESOTA DEPARTMENT OF REVENUE 1C-134 FORMAll construction work requires an IC-134 form submitted by the Contractor and subcontractors before final payment can be made. There are 2 options for submittingElectronically: Go to the Dept of Revenue’s website at: Complete the online form, print it and submit with final paymentManual: Download the form and instructions from the Dept of Revenue’s website above or use the form on the next page:Fill out the formMail the form to the Dept of Revenue (address is in the instructions)Receive form back from Revenue with their signatureSubmit the form with final payment request.ATTACHMENT E-5JOBS REPORTING FORM - 0266065Pursuant to M.S. Sec. 16A.633, subd. 4, which was added during the 2012 legislative session, [Agency] is required to report the number of jobs created or retained by the Project. To enable [Agency] to comply with M.S. Sec. 16A.633, subd. 4, the Contractor must submit job reports for the Project through Project completion. Each report must contain the following information. B SUBMIT WITH FINAL PAYMENT00Pursuant to M.S. Sec. 16A.633, subd. 4, which was added during the 2012 legislative session, [Agency] is required to report the number of jobs created or retained by the Project. To enable [Agency] to comply with M.S. Sec. 16A.633, subd. 4, the Contractor must submit job reports for the Project through Project completion. Each report must contain the following information. B SUBMIT WITH FINAL PAYMENTPRIME CONTRACTOR & SUBCONTRACTORSWith your final payment, submit the Jobs Reporting Form. The Jobs Reporting form and requirements/instructions are located at: (scroll to “Construction Contract Forms”, click on “Jobs Reporting Form and Instructions”). Contractor and subcontractors should use the most current form available at this location when submitting completed Jobs Reporting forms at time of project completion. ATTACHMENT E-6.0Responsible Contractor Compliance VerificationMinn. Stat. § 16C.285PROJECT NUMBER Enter Project Number.PROJECT NAME Enter Project Title.The undersigned is an owner or officer of the company named below (the “Company”) and signs this statement under oath verifying that at the time it responded to the solicitation document on the above-referenced project (“Project”), the Company was in compliance with each of the minimum criteria in Minn. Stat. §?16C.285, subd. 3 (hereinafter “subdivision 3”), with the exception of clause (7).Any prime contractor or subcontractor or motor carrier that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor or motor carrier that make the false statement ineligible to be awarded a construction contract on the project and may result in termination of a contract awarded to a prime contractor or subcontractor or motor carrier that submits a false statement. Prior to execution of the construction contract for the Project, the Prime Contractor will submit to the contracting authority a supplemental verification confirming compliance with Minn. Stat. §?16C.285, subd. 3, clause (7), (see Attachment E-6.1). If the Prime Contractor retains additional subcontractors with which it will have a direct contractual relationship following contract award, the Prime Contractor will submit any supplemental verification confirming compliance with Minn. Stat. §?16C.285, subd. 3, clause (7) within 14 days after retaining any such additional subcontractors (see Attachment E-6.2).A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier and motor carriers, pursuant to subdivision 3, clause (7). I certify by signing this form under oath that I am an owner or officer of the company, and that:1) My company meets each of the Minimum Criteria to be a responsible contractor as defined and is in compliance with Minn. Stat. § 16C.285, 2) If my company is awarded a contract, I will submit Attachment E-6.1 prior to contract execution, and3) If my company is awarded a contract, I will also submit Attachment E-6.2 as required. _______________________________________________________________________Authorized Signature of Owner or OfficerCompany Name_______________________________________________________________________Print NameDate__________________________________TitleATTACHMENT E-6.1FIRST-TIER SUBCONTRACTORS LISTA-1 FORM MUST BE COMPLETED AND SUBMITTEDPROJECT NUMBER Enter Project Number.PROJECT NAME Enter Project Title.FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State)Name of city where company home office is located% of value of Contract*Is the First Tier Subcontractor a TG/ED/VO?Attach additional sheets as needed for submission of all first-tier subcontractors.*TG/ED/ VO = Certified Targeted Group Business, Economically Disadvantaged Business, and Veteran-Owned BusinessI certify by signing this form under oath that I am an owner or officer of the company, and that:All first-tier subcontractors listed on this Attachment E-6.1 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. §?16C.285. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier and motor carriers, pursuant to subdivision 3, clause (7). _______________________________________________________________________Authorized Signature of Owner or OfficerCompany Name_______________________________________________________________________Print NameDate_____________________________________TitleATTACHMENT E-6.2ADDITIONAL SUBCONTRACTORS LISTSUBMIT WITHIN 14 DAYS OF RETAINING ADDITIONAL SUBCONTRACTORS DURING PROJECTThis form must be submitted to the Project Manager or individual as identified in the solicitation document.PROJECT NUMBER Enter Project Number.PROJECT NAME Enter Project Title.Minn. Stat. §?16C.285, subd. 5. Subcontractor Verification. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors…FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State)Name of city where company home office is located% of value of Contract*Is the First Tier Subcontractor a TG/ED/VO?Attach additional sheets as needed for submission of all first-tier subcontractors.*TG/ED/ VO = Certified Targeted Group Business, Economically Disadvantaged Business, and Veteran-Owned BusinessI certify by signing this form under oath that I am an owner or officer of the company, and that:All additional subcontractors listed on this Attachment E-6.2 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. §?16C.285. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier and motor carriers, pursuant to subdivision 3, clause (7). _______________________________________________________________________Authorized Signature of Owner or OfficerCompany Name_______________________________________________________________________Print NameDate_____________________________________TitleATTACHMENT E-7PRIME CONTRACTOR State of Minnesota – Equal Pay CertificateWhen the contract amount is in excess of $500,000, complete and submit this form. It is your sole responsibility to provide the information requested and when necessary to obtain an Equal Pay Certificate (Equal Pay Certificate) from the Minnesota Department of Human Rights (MDHR) prior to contract execution. You must supply this document with your submission. Please contact MDHR with questions at: 651-539-1095 (metro), 1-800-657-3704 (toll free), 711 or 1-800-627-3529 (MN Relay) or at compliance.MDHR@state.mn.us.Option A – If you have employed more than 40 full-time employees on any single working day in one state during the previous 12 months, please check the applicable box below:Attached is our current MDHR Equal Pay Certificate. Attached is MDHR’s confirmation of our Equal Pay Certificate application. Option B – If you have not employed more than 40 full-time employees on any single working day in one state during the previous 12 months, please check the box below.We are exempt. We agree that if we are selected we will submit to MDHR within five (5) business days of final contract execution, the names of our employees during the previous 12 months, date of separation if applicable, and the state in which the persons were employed. Documentation should be sent to compliance.MDHR@state.mn.us.The State of Minnesota reserves the right to request additional information from you. If you are unable to check any of the preceding boxes, please contact MDHR to avoid a determination that a contract with your organization cannot be executed.Your signature certifies that you are authorized to make the representations, the information provided is accurate, the State of Minnesota can rely upon the information provided, and the State of Minnesota may take action to suspend or revoke any agreement with you for any false information provided. Authorized SignaturePrinted NameTitleOrganization MN/FED Tax ID# DateIssuing Entity Project # or Lease AddressATTACHMENT E-8Affirmative Action Certification Page, Revised 8/13 – MDHRATTACHMENT E-10CLOSEOUT SUBMITTALSCopy of Building PermitCopy of Stormwater permit/s (SWPPP) when work includes exterior siteworkOperations & Maintenance Manuals for new products providedAs-Built documents (on compact disk) when work was done was based on design documents provided by the owner’s architectural or engineering provider.Certificate of Occupancy (where applicable).Subcontractor list with contact informationIC-134s from Contractor and subcontractorsJobs Report of jobs gained or retainedAmerican-made steel certifications (for projects that are funded with 2014 funds and include significant steel work)ATTACHMENT E-11PREVAILING WAGE RATESThe prevailing wage rates for the county in which the work is to be performed are attached.Preparer to download the wage rates from DLI website and attach: E-12GENERAL CONDITIONS OF THE CONTRACTFOR CONSTRUCTION AS AMENDED BY THE STATE.The AIA A201 General Conditions of the Contract for Construction, 2007 Edition as modified by the State of Minnesota are hereby made part of these specifications, except as amended by the Supplementary Conditions or Special Conditions.PM ALONG WITH A/E TO DETERMINE IF A201 IS TO BE INCLUDED ATTACHMENT E-13Capitol Complex or Facility Security Guidelines for Contractors are attached ATTACHMENT E-14NOTICE, AFFIRMATIVE ACTION – WORKFORCE PARTICIPATIONNOTICE TO PRIME CONTRACTORS WORKFORCE CERTIFICATE OF COMPLIANCE1.MN Statutes, Section 363A.36 and MN Rules, Parts 5000.3400 to 5000.3600 are incorporated into this contract based upon this specification or any modification of it.1.02NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY1.The contractor’s attention is called to the "equal opportunity clause" set forth herein.2.The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area are as follows:TimetablesGoals for minority participation for each tradeGoals for female participation in each tradeInsert the time- tables as determined under part 5000.3520SEE NEXT PAGE FOR MINORITY PARTICIPATION GOALSSEE NEXT PAGE FOR FEMALE PARTICIPATION GOALThese goals are applicable to all the contractor's construction work (whether or not it is State or State assisted performed in the covered area).The contractor's compliance with MN Statutes, Section 363A.36 and part 5000.3520 shall be based on its implementation of the equal opportunity clause, specific affirmative action obligations required by the specifications in part 5000.3540, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, MN Statutes, Section 363A.363 and part 5000.3520. Compliance with the goals will be measured against the total work hours performed.ATTACHMENT E-14 - continuedDEPARTMENT OF HUMAN RIGHTSCONTRACT COMPLIANCE PROGRAMNOTICE OF MINORITY AND WOMEN PARTICIPATIONGOALS IN STATE CONSTRUCTIONNotice is hereby given that the Commissioner of the Minnesota Department of Human Rights has issued revised goals for minority participation rates in state construction, pursuant to Minnesota Rules parts 5000.3520 through 5000.3530.Timetables: Upon publication until further notice.Goals for minority participation are divided into seven categories:?Regions??2017 Goal Minority2017 Goal WomenCentral: Benton, Chisago, Isanti, Kanabec, Kandiyohi, McLeod, Meeker, Mille Lacs, Pine, Renville, Sherburne, Stearns, Wright15%12%Northeast: Aitkin, Carlton, Cook, Itasca, Koochiching, Lake, St. Louis12%9%Northwest: Becker, Beltrami, Cass, Clay, Clearwater, Crow Wing, Douglas, Grant, Hubbard, Kittson, Lake of the Woods, Mahnomen, Marshall, Morrison, Norman, Otter Tail, Pennington, Polk, Pope, Red Lake, Roseau, Stevens, Todd, Traverse, Wadena, Wilkin12%9%Southeast: Dodge, Fillmore, Freeborn, Goodhue, Houston, Mower, Olmstead, Rice, Steele, Wabasha, Winona15%9%Southwest: Big Stone, Blue Earth, Brown, Chippewa, Cottonwood, Faribault, Jackson, Lac Qui Parle, Le Sueur, Lincoln, Lyon, Martin, Murray, Nicollet, Nobles, Pipestone, Redwood, Rock, Sibley, Swift, Waseca, Watonwan, Yellow Medicine15%9%Five-county Metro: Anoka, Carver, Dakota, Scott, Washington22%15%Two-county Metro: Hennepin, Ramsey32%20%Commissioner, Dept. of Human RightsATTACHMENT E-14 - continued3.The contractor shall provide written notification to the Compliance Division of the Minnesota Department of Human Rights within 10 working days of award of any construction subcontract at any tier for construction work under the contract resulting from the solicitation. The notification must list the name, address and telephone number of the subcontractor: employer identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.4.As used in this notice, and in the contract resulting from this solicitation, the "covered area" is the geographical area where the contract is to be performed. The contracting state agency shall insert the description of the geographical areas where the contract is to be performed describing the State, County, City, Town, or Municipality of the geographical area in this notice and in the contract resulting from this solicitation.1.03DISABLED INDIVIDUAL CLAUSEA.The contractor shall 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 individuals 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.B.The contractor agrees to comply with the rules and relevant order of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act.C.In the event of the contractor's noncompliance with the requirements of this clause, actions for non-compliance may be taken in accordance with Minnesota Statutes, Section 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act.D.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 shall 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.The contractor shall 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 Minnesota Statutes, 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 individuals04STANDARD STATE EQUAL EMPLOYMENT OPPORTUNITY1.The contractor shall implement the specific affirmative action standards provided in paragraphs 4(a) through (o) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor shall reasonably be able to achieve in each construction trade in which it has employees in the covered area. The contractor shall make substantially uniform progress toward its goals in each craft during the period specified. ATTACHMENT E-14 - continued2.Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specification, Minnesota Statutes, Section 363A.36 of the Minnesota Human Rights Act, of the rules adopted under the act.3.In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor.4.The contractor shall take specific affirmative action to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:(a)Make a good faith effort to maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.(b)Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.(c)Maintain a current file of the names, address, and telephone numbers of each minority and female off-the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If the individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore; along with whatever additional actions the contractor may have taken.(d)Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations.(e)Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading ATTACHMENT E-14 - continuedprograms and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the State of Minnesota. The contractor shall provide notice of these programs to the sources compiled under (b).(f)Disseminate the contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed.(g)Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assigning, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and subject matter discussed and disposition of the subject matter.(h)Disseminate the contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's equal employment opportunity policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.(i)Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.(j)Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's work force.(k)Conduct, at least annually an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek to prepare for, through appropriate training, such opportunities.(l)Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the contractor's obligations under these specifications are being carried out.(m)Ensure that all facilities and company activities are non-segregated except the separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.(n)Document and maintain a record of all solicitations of offers for subcontract from minority and female construction contractors and suppliers, including circulation of solicitation to minority and female contractor associations and other business associations.(o)Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's equal employment opportunities policies and affirmative action obligations.4.Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of their affirmative action obligations (4(a) to (o)).ATTACHMENT E-14 - continued 5.The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 4(a) to (o) of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, insures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply shall not be defense for the contractor's noncompliance.6.A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the contractor may be in violation of part 5000.3520 if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of part 5000.5320 if a specific minority group of women is underutilized).7.The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, national origin, and marital status, status with regard to public assistance, disability, age, or sexual orientation.8.The contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes 363A.36.9.The contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, 363A.36, and its implementing rules, Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section 363A.36.10.The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 4, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of Minnesota Statutes, Section 363A.36, its implementing rules, or these specifications, the commissioner shall proceed in accordance with part 5000.3570.11.The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.12.Nothing herein provided in this part shall be construed as a limitation upon the application of other state or federal laws that establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents.MINNESOTA DEPARTMENT OF HUMAN RIGHTS CONTRACT COMPLIANCE UNITMONTHLY UTILIZATION REPORT EMPLOYMENT AND TRAININGREPORTING PERIOD:FROM: TO: CURRENT GOALS MINORITY: FEMALE:This Monthly Utilization Report is required by MN State 363A. Failure to report can result in cancellation, termination, or suspension or the contract; and the contractor may be declared ineligible for further State construction projects.Return completed report to: MN Department of Human RightsContract Compliance Unit 625 Robert StreetSt. Paul, Minnesota 55155NAME AND ADDRESS OF CONTRACTING FIRM:LOCATION OF PROJECT:A. HOURS OF EMPLOYMENT ON PROJECTB. TOTAL NUMBER OF EMPLOYEESCONSTRUCTION TRADE*CLASSIFI- CATIONTOTAL EMPLOYEE HOURS BYTRADETOTAL MINORITYEMPLOYEE HOURS BY TRADETOTALMINORITYHOUR PERCENTAGETOTAL FEMALEHOUR PERCENTAGETOTALNUMBEROF EMPLOYEESTOTAL NUMBEROF MINORITY EMPLOYEESBHAI/ANA/PIMFMFMFMFMFMaleFemaleMaleFemaleJourney%%Apprentice%%Trainee%%Sub-Total%%TOTAL JOURNEY HOURS%%TOTAL APPRENTICE HOURS%%TOTAL TRAINEE HOURS%%GRAND TOTAL HOURS%%COMPANY OFFICIAL=S SIGNATURE AND TITLE:TELEPHONE NUMBER:( ) DATE SIGNED: , 20 PAGE: OF *One sheet required for each trade with Total hours on first sheet only.ATTACHMENT E-15TARGETED GROUP BUSINESS PARTICIPATION GOALGoal Established for this project is X% (PM to obtain goal from OEP)ELIGIBLE TARGETED GROUP, ECONOMICALLY DISADVANTAGED, AND VETERAN-OWNED Small BUSINESSES (TG/ed/vo) SUBCONTRACTOR REQUIREMENTS [Minn. Stat. § 16C.16, Subd. 6 (C)]This project has a Enter TG/ED/VO Subcontracting Goal.% Targeted Group (TG), Economically Disadvantaged (ED), and Veteran-Owned (VO) Small Business (TG/ED/VO) subcontracting goals established. Targeted Group, Economically Disadvantaged, and Veteran-Owned small businesses that can be used to meet subcontracting goals MUST be certified by the Department of Administration, Office of State Procurement at the time of the subcontractor’s work on the construction project. Prime contractors are responsible for checking for eligible (TG/ED/VO) subcontractors listed on the MMD web site under NAICS Code 1500001 at and must work with the Vendor Management Specialist at 651.296.2600 or OSP.TGBReporting@state.mn.us to ensure that proposed (TG/ED/VO) subcontractors are eligible. Prime contractors that are listed under NAICS Code 1500001 meet this subcontracting requirement just by being an eligible Targeted Group, Economically Disadvantaged, or Veteran-Owned Small Business. If an eligible TG/ED/VO business is bidding this project as a prime contractor and they choose to use other eligible TG/ED/VO businesses as subcontractors they should, for reporting purposes, list those subcontractors in their response. For non-TGB prime contractors, credit toward the TG/ED/VO subcontracting goal shall be at 100 percent for eligible TG/ED/VO subcontractors who provide labor, materials and supplies; and at 60 percent for eligible TG/ED/VO subcontractors who provide supplies and materials only. At least 75 percent of the value of the subcontracts awarded to eligible TG/ED/VO businesses must actually be performed by the TG/ED/VO business to which the subcontract is awarded or by another eligible TG/ED/VO business. (Ref. M.S. 16C.16 subd. 6 (c) and subd. 10). Example 1: On a $1,000,000 project, a 5% TG/ED/VO subcontracting goal is established. The TG/ED/VO Subcontracting Report lists an eligible TG/ED/VO electrical contractor for 2.5%, an eligible TG/ED/VO mechanical contractor for 2% and an eligible TG/ED/VO material supplier for 1%. This would meet the 5% requirement as the TG/ED/VO electrical and mechanical contractors would count for 4.5% (2.5% + 2% = 4.5%) of the project and the TG/ED/VO material supplier would count for .6% (1% x 60% = .6%) of the project (4.5% + .6% = 5.1%). TG/ED/VO subcontracting goals will not be a consideration in the contract award. Prime Contractors must submit the attached TG/ED/VO Subcontracting Report (Page 6) on a quarterly basis unless otherwise instructed and authorized in writing by the Project Manager or Office of Equity in Procurement.?The reports shall be received by the State within 14 days of the end of the quarter or reporting period. The quarter periods are January 1 to March 31, April 1 to June 30, July 1 to September 30, and October 1 to December 31. Prime contractors must submit the attached FINAL TG/ED/VO Subcontracting Report (Page 7) at the time of their final payment request. A prime contractor who fails to meet the project’s established TG/ED/VO subcontracting goal may request a waiver at any time from bid opening to final application for payment. At final contract payment a penalty of up to six percent (6%) of the contract not to exceed $60,000 will be invoked if a waiver has not been issued or the TG/ED/VO subcontracting goal has not been met. The penalty to be assessed will be proportionate to the actual underuse of TG/ED/VO subcontractors as compared to the project’s goal. Example 2: On the $1,000,000 project from Example 1, the contractor did not request a waiver, did not submit substantial good faith efforts and only achieved 4% TG/ED/VO subcontractors for the project by the time of final payment. The 4% TG/ED/VO subcontractors achieved is 80% of the 5% TG/ED/VO subcontracting goal (4% / 5% = .80). The 6% maximum penalty for this $1,000,000 contract ATTACHMENT E-15 continuedis $60,000 ($1,000,000 x .06). Since the contractor did achieve 80% of TG/ED/VO subcontracting goal, the penalty accessed will be $12,000 or 20% ($60,000 x .20 = $12,000) of the penalty amount. Prime contractors may request a waiver from the established TG/ED/VO subcontracting goal if the awarded contractor has demonstrated good faith efforts to meet the goal. To obtain a waiver from the TG/ED/VO subcontracting goal as set out in Minn. Rules 1230.1820, subp. 3, the awarded contractor must show that it took good faith steps to achieve the TG/ED/VO subcontracting goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient TG/ED/VO business participation. The awarded contractor may submit documentation of good faith steps at any time from bid opening to its final application for payment. Whether or not to grant a waiver will be determined on a case-by-case basis by the Director of the Office of State Procurement of the Minnesota Department of Administration or his designee, who shall review all the documentation submitted by the awarded contractor and all relevant documentation in the Division's possession to determine if good faith steps were taken. The Director or his designee must consider whether the documentation demonstrates good faith efforts to achieve the TG/ED/VO subcontracting goal based on the following general types of activities conducted by the awarded contractor.1.Soliciting through all reasonable and available means (e.g. attendance at pre-proposal/pre-bid meetings, advertising and/or written notices) the interest of all eligible TG/ED/VO businesses who have the capability to perform the work of the contract. The awarded contractor must solicit this interest within sufficient time to allow the TG/ED/VO businesses to respond to the solicitation. The awarded contractor must determine with certainty if the TG/ED/VO businesses are interested by taking appropriate steps to follow up on the initial solicitations;2.Selecting portions of the work to be performed by TG/ED/VO businesses in order to increase the likelihood that the TG/ED/VO subcontracting goal will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate TG/ED/VO businesses participation, even when the awarded contractor might otherwise prefer to perform these work items with its own forces;3.Providing interested TG/ED/VO businesses with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation;4.Negotiating in good faith with interested TG/ED/VO businesses. The awarded contractor has the responsibility to make a portion of the work available to TG/ED/VO subcontractors (of any tier) and suppliers, and to select those portions of the work or materials needs consistent with the available TG/ED/VO subcontractors and suppliers so as to facilitate TG/ED/VO participation. Evidence of such negotiations include the names, addresses, and telephone numbers of TG/ED/VO businesses that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for TG/ED/VO businesses to perform the work;5.Using good business judgment to consider a number of factors in negotiation with subcontractors and taking a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using TG/ED/VO businesses is not in itself sufficient reason for an awarded contractor's failure to meet the TG/ED/VO subcontracting goal, as long as such costs are reasonable. Also, the ability or desire of the awarded contractor to perform the work of a contract with its own organization does not relieve the awarded contractor of the responsibility to make good faith efforts. The awarded contractor is not, however, required to accept higher quotes from TG/ED/VO businesses if the price difference is excessive or unreasonable;ATTACHMENT E-15 continued6.Rejecting TG/ED/VO businesses as being unqualified must be based on a thorough investigation of their capabilities and sound reasons for rejecting TG/ED/VO businesses must be articulated. The awarded contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for rejection or non-solicitation of proposals/bids in the awarded contractor's efforts to meet the TG/ED/VO subcontracting goal;7.Making efforts to assist interested TG/ED/VO businesses in obtaining bonding, lines of credit, or insurance as required by the Minnesota Department of Administration or the awarded contractor;8.Making efforts to assist interested TG/ED/VO businesses in obtaining necessary equipment, supplies, materials or related assistance or services;9.Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State and Federal offices of minority/women business assistance; and other organizations, to identify potential TG/ED/VO businesses and refer them to the Department of Administration, Office of Equity in Procurement for certification and10.Meeting or exceeding average TG/ED/VO participation included by other bidders. For example, when the awarded contractor fails to meet the TG/ED/VO subcontracting goal, but other bidders for the contract indicated on their bid that they could meet it, the question may be reasonably raised as to whether, with additional reasonable efforts, the awarded contractor could have met the TG/ED/VO subcontracting goal. If the awarded contractor fails to meet the TG/ED/VO subcontracting goal, but meets or exceeds the average TG/ED/VO participation indicated by other bidders, this may be viewed, in conjunction with other factors, as evidence of the awarded contractor having made good faith efforts. The incentive rule for exceeding eligible targeted group, economically disadvantaged, or veteran-owned small business subcontracting requirements [M.S. 16C .16, Subd. 6 (c)] does not apply for this contract.PROCEDURES FOR REQUESTING A WAIVERA.The prime contractor who fails to meet the TG/ED/VO subcontracting goal and wants to request a waiver must complete the attached forms: Certificate of Good Faith Efforts, Non-TG/ED/VO Accepted Quotes, and Good Faith Efforts Affidavit (Pages 4-6), along with other pertinent supporting documentation to assist the agency in determining whether a comprehensive effort has been implemented to meet the established goal.B.The agency will review the certificate and reserves the right to meet with the prime contractor to discuss areas of concern with the request for waiver.C.The agency will review, among other things, the following to ascertain whether the awarded contractor's actions represent a "good faith effort".1.Evidence of written notification to TG/ED/VO businesses that their participation in the contract has been solicited;2.Evidence of good faith negotiations with TG/ED/VO businesses for specific subcontracts that shall include, at a minimum:a.A listing of the names, addresses, and telephone numbers for the TG/ED/VO businesses contacted, including the date contacted.b.An explanation of why TG/ED/VO businesses who quoted the project were not awarded subcontracts.3.Documented efforts to secure eligible TG/ED/VO subcontractors to replace a TG/ED/VO subcontractor who cannot or will not fulfill an awarded subcontract.MINNESOTA DEPARTMENT OF ADMINISTRATIONSMALL BUSINESS PROCUREMENT PROGRAMCERTIFICATE OF GOOD FAITH EFFORTSDate: Contract No. TG/ED/VO Subcontracting Goal Established For Contract ____%Total dollar amount of Contract met by using eligible TG/ED/VO subcontractors who provide labor, materials and supplies $Total dollar amount of Contract met by using eligible TG/ED/VO subcontractors who provide supplies and materials only $ SOLICITATION OF TG/ED/VO BUSINESS QUOTESTG/ED/VO ContractorPhoneDates TG/ED/VO Business ContactedDescriptionofWorkTG/ED/VO Business Quote(if no response state NONE)If TG/ED/VO Business was not used Dollar amt of nonTG/ED/VO Business quoteLetterPhone1.2.3.4567891011121314MINNESOTA DEPARTMENT OF ADMINISTRATIONSMALL BUSINESS PROCUREMENT PROGRAMNONTG/ED/VO BUSINESSES ACCEPTED QUOTESDate: Contract No. Prime Contractor: Contract Title: IF TG/ED/VO BUSINESS QUOTE IS NOT USED PROVIDE THE FOLLOWING INFORMATIONNAME OF NONTG/ED/VO CONTRACTORDESCRIPTION OF WORKSUBCONTRACT DOLLAR AMOUNT123456789101112131415GOOD FAITH EFFORTS AFFIDAVITSTATE OF MINNESOTACOUNTY OF_______________________________I, _________________________________________ , do hereby acknowledge the following:(Full Name)1.I am the______________________________of_______________________________________(Title)(Name of Individual, Company, Partnership, or Corporation)that has been identified as the awarded contractor of State Project_________________________.2.I have the authority to make this affidavit for and on behalf of the awarded contractor.3.The information provided in the attached Certificate of Good Faith Efforts is true and accurate to the best of my belief.Signed:_________________________________ Bidder or authorized representative Subscribed and sworn to before methis ____ day of ___________, 20 __, Notary Public ______________________________My commission expires _____________, 20___ .QUARTERLY TG/ED/VO BUSINESSES SUBCONTRACTING REPORTMINNESOTA DEPARTMENT OF ADMINISTRATION Return Form To: Office of Equity in ProcurementOFFICE OF EQUITY IN PROCUREMENTOffice of State Procurement112 Administration BuildingDate: Reporting Period: 50 Sherburne AvenueSt. Paul, MN 55155Prime Contractor: OSP.TGBReporting@state.mn.us FAX: 651.297.3996Contract Title: ____________________________________________________________CONTRACT #____________*Definitions:A 1st Tier Subcontractor is a subcontractor to the Prime Contractor GOAL______%A 2nd Tier Subcontractor is a subcontractor to the 1st Tier Subcontractor List of TG/ED/VO Subcontractors/Suppliers to be used:1st Tier TG/ED/VO SubcontractorDescription of Work / Supplies$ Value of 1st Tier Contract2nd Tier TG/ED/VO Subcontractor$ Value of 2nd Tier Contract1a.b.2a.b.3a.b.4a.b.5a.b.IF MORE SPACE IS NEEDED, ATTACH ADDITIONAL SHEETFINAL TG/ED/VO SUBCONTRACTING REPORTMINNESOTA DEPARTMENT OF ADMINISTRATION Return Form To: Office of Equity in ProcurementOFFICE OF EQUITY IN PROCUREMENTOffice of State Procurement112 Administration BuildingDate: Reporting Period: 50 Sherburne AvenueSt. Paul, MN 55155Prime Contractor: OSP.TGBReporting@state.mn.us FAX: 651.297.3996ContractTitle:____________________________________________________________CONTRACT #____________*Definitions:A 1st Tier Subcontractor is a subcontractor to the Prime Contractor GOAL______%A 2nd Tier Subcontractor is a subcontractor to the 1st Tier Subcontractor List of TG/ED/VO Business Subcontractors/Suppliers to be used:1st Tier TG/ED/VO SubcontractorDescription of Work / Supplies$ Value of 1st Tier Contract2nd Tier TG/ED/VO Subcontractor$ Value of 2nd Tier Contract1a.b.2a.b.3a.b.4a.b.5a.b.IF MORE ATTACHMENT B - EMERGENCY AUTHORIZATION REPORT To Office of State Procurement (OSP)From: Real Estate and Construction Services (RECS) orFrom: Enter Agency and Facility NameFollowing completion of the work if total cost exceeds $5,000, a final report is to be submitted to Luke.Jannett@state.mn.us and Betsy.Hayes@state.mn.us in the Office of State Procurement. For RECS: The staff person is to submit the report to their supervisor who will submit to OSP.For Agencies: The Agency is to submit the report to the RECS PM who will submit to their supervisor who will HYPERLINK "mailto:Gordon.christofferson@state.mn.us" Gordon.christofferson@state.mn.us in RECS who will submit to OSP .Enter the following information:Current Date:Date of incident:Project Name: Project Location:Project Number:Action/s taken.:Why a competitive bid process was not feasible [Explain the emergency and why): How the scope of work was minimized to what was immediately necessary:Vendors and Contractors:The total costs of goods/services purchased.This report prepared by: Email Address:Phone:ATTACHMENTS:Approved Request for Emergency Authorization ................
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