request for proposal – pine technical & community college ... workforce moderniz… · ptcc...

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Request for Proposal – Pine Technical & Community College (PTCC) Regional Workforce Modernization & Expansion Project – Furniture Package

Project Title: PTCC Regional Workforce Modernization & Expansion Project – FF&E Package Location: 900 SE 4th Street, Pine City, MN 55063 From: Wesley Stabs, AIA, Architect Issued Date: June 25, 2020 Due Date: July 9, 2020 | 3:00 pm [CST] Contact Name: Michelle Gallagher Contact Email: [email protected] Contact Phone: 612.963.3860 EDA Award No.: 06-01-06129

Purpose of RFP: This request for proposal is issued with the intent of securing qualified vendor(s) to furnish and install furniture for the renovation of Pine Technical & Community College. The remodel areas affected within the building include:

Main Corridor (01B) Student Services (Suite 10) Business Services (Suite 30) University Center (Room 37) Administration (Suite 40) Student Lounge (Room 200)

Project Description: The Pine Technical & Community College (PTCC) – Regional Workforce Training Modernization and Expansion Project is a renovation of 40,000 SF of the single story building, that aims to create warm, accessible, and inclusive public spaces for current and prospective students. The previous additions and remodels did not align with the college vision or branding, instead left it dark, stark, and institutional. The goal of this project is not only upgrade finishes, but to create a welcoming “Up-North” environment for students of varying backgrounds.

Finish upgrades in this project include: paint, ceilings, flooring, LED lighting, branded wall graphics, and furniture. There were also significant upgrades and reconfiguration of fire protection, plumbing, HVAC, and electrical systems within the renovated scope.

The Administration Suites (10, 30, & 40) as well as some elements within the Auditorium will also be receiving additional Architectural and Design upgrades as part of this project. This added scope was contracted during the construction phase and will be a continuation of the remodel aesthetic.

Scope of Work: Provide and install furniture as outlined the Basis of Design Furniture Package (BDFP) provided by TKDA. It is vendor responsibility to review all documentation submitted; if there are any discrepancies between documents, please notify TKDA immediately.

All BDFP items must be reflected in response to RFP with a per unit price, a total cost, as well as a cost estimate for taxes, shipping, & installation. Vendor will be responsible to populate a plan with accurate and/or proposed furniture pieces as part of their response. These plans will be used to ensure code compliancy and overall design intent is maintained. If vendor notices any code issues, please contact TKDA immediately.

PTCC Regional Workforce Modernization Project – Furniture Package Request for Proposal TKDA Project No.17533.000 June 25, 2020

All products deviating from the Basis of Design Furniture Package must include images, sizes, and general product information within proposal response to RFP. Each must be labelled with their corresponding BDFP item number found on both the plan and schedule. Due to size, vendor may need to upload to the TKDA FTP site for these product submittals.

This scope includes furniture for the spaces listed below:

Office Furniture / Systems o Student Services (Suite 10) o Business Services (Suite 30) o University Center (Room 37) o Administration Suite (Suite 40)

Lounge, Dining, & Collaborative Furniture o Corridor (01B) o Student Lounge (Room 200)

The estimated valuation of the furniture package is $200,000.

* Please note: The aesthetic of the lounge furniture is to be plush (thick soft padding and fabric), and have an “Up-North” cabin-like feel. The lounge dining seating shall be wood whenever possible, specifically pine. The lounge soft seating shall be leather or “leather-like” look. Both are to have a minimal or no exposed metal. Substitutions should not deviate from this cabin / Caribou Coffee-like aesthetic.

Project Schedule: RFP Issued: June 25, 2020 Questions Due to Contact: June 29, 2020 Responses to Questions Issued: July 2, 2020 Proposals Due: July 9, 2020 3:00 pm [CST] Notification of Award: July 13, 2020 Contract Execution: July 15, 2020 Furniture Delivery/Installation: August 28, 2020

Selection Criteria General criteria upon which proposals will be evaluated include, but are not limited to, the following (in no particular order):

1. Cost and access to University of MN ‘U Wide Agreements’ and/or MN Department of Administration Cooperative Purchasing Program, or other, in relation to level of services provided: [30 Points] a. Formal Furniture Proposal of the items outlined in the Basis of Design Furniture Package with appropriate

finish grades allowance (at least mid-grade and leather/vinyl &/or wood when available options). b. Include time/cost to communicate with College and Architect in regards to furniture selection,

features, and finishes. (x2 meetings) c. Procure furniture as approved by PTCC. d. Installation of furniture within associated spaces at PTCC.

2. Qualifications/Experience of Proposed Project Team: [25 Points]

a. Names, title and resumes of key individuals proposed for the project b. Identify subcontractors, if any, by company name, address and project function.

3. Project Understanding and Work Plan: [25 Points]

a. Describe general approach to projects and working with clients.

b. Illustrate description of services to be provided and relate to project schedule.

c. Note any disclaimers pertaining to products and/or services.

4. Company profile & demonstrated expertise on similar projects: [20 Points]


a. Brief profile of the firm, including, year founded, number and location of offices, and number of

employees.

b. Identify all qualifications and organizational capabilities that will establish the firm as a satisfactory

provider of the required work.

c. Identify (3) similar projects, year completed, and identify a reference for each.

5. Preferences: [6 points] a. In accordance with M.S. 16C.16, the basis of award is that eligible certified targeted group (T.G.),

economically disadvantaged (E.D.), and Veteran Owned small businesses will receive a six percent (6%) preference. Preferences are not cumulative; the total percentage of preference granted on a contract may not exceed the highest percentage of preference allowed for that contract.

b. Only eligible, verified, small businesses currently listed in the Directory of Certified Targeted Group, Economically Disadvantaged and Veteran-Owned Vendors will be eligible for the preference.

c. This directory is located at http://www.mmd.admin.state.mn.us/mn02001.htm. Attach a copy of your firm’s letter indicating certification by the Office of Equity in Procurement, if applicable.

d. Responders interested in becoming a certified vendor or to verify their T.G. eligibility and certification or E.D. certification, should refer to the state of Minnesota, Department of Administration, Office of Equity in Procurement Division website at https://mn.gov/admin/business/vendor-info/oep/sbcp/, or call the division’s help line at (651) 296-2402

Instructions to Respondents – Requirements 1. Attachments:

PTCC and TKDA has provided the following exhibits to aid in the preparation of proposals. Attached forms are required to be filled out and accompany bid form

Attachment A: State of Minnesota - Affidavit of Non-Collusion 2020 (1 page) Attachment B: Form CD-512 Certification Regarding Lobbying (1 page) Attachment C: State of Minnesota - Certification Regarding Lobbying 2020 (1 page) Attachment D: Minnesota State Colleges and Universities Notice to Contractors Workforce

Certification of Compliance (3 pages) Attachment E: State of Minnesota–Facilities Professional or Technical Services Contract (14 pages) Attachment F: Furniture Plans (1 page) Attachment G: Itemized Basis-of-Design Specifications (5 pages) Attachment H: Procurement Substitution Procedures (4 pages)

2. Questions: All Questions are to be submitted electronically by 3:00 pm [CST] June 29, 2020 to Michelle Gallagher at [email protected]

Questions received after the specified date and time will not receive responses. Questions will be compiled into one addendum response and issue by the end of work day on July 2, 2020.

3. Proposal Submission Requirements a. One digital copy of the proposal submitted to Steve Lange at [email protected]. Please note:

Proposals must be received by the campus and not TKDA. Proposal submissions sent to TKDA will not be accepted.

b. The proposals should be a single PDF document and not exceed 10 MB in file size. c. Proposals received after the deadline will be considered disqualified.

4. General Requirements Vendor(s) are responsible to make themselves fully familiar with the documents referenced in the Request for Proposal.


a. Federal Participation Disclosure – “This project is part of the 2020 Regional Workforce Training Modernization Project partially funded by the US Department of Commerce, Economic Development Administration, Project number 06-01-06129. This RFB will be subject to the Federal laws and regulations associated with this project. Required Federal contract provisions are located in Appendix II to 2 CFR Part 200 – Contract Provisions for Non-Federal Entity Contracts under Federal awards.

b. To the greatest extent practicable, contractors are encouraged to purchase American-made equipment and products with funding provided under EDA financial assistance.

c. Successful vendor would be entering into an agreement with Pine Technical Community College and Minnesota State. Vendor agrees to follow applicable Minnesota State construction and procurement laws and regulations relating to, but not limited to bonding, insurance, retainage (5%), etc.

d. The awarded Vendor(s) must perform the work in compliance with all applicable state and local codes. e. Vendor must work collaboratively with the team through design, construction, and furniture

installation of the project f. A state certified electrician will perform the final connections to furniture that has been specified

with power/data integration. This scope will be the responsibility of the General Contractor. g. Hours of work are to be Monday through Friday 7am to 5pm unless otherwise agreed upon. h. Products shall be of new and in current production. i. The awarded Vendor(s) will be requested to submit samples of certain proposed furnishings. j. Warranty: All products shall have a minimum of 10 year written non-prorated warranty agreeing to

replace without charge all defective materials, workmanship, and/or installation. Removal and replacement of defective or non-conforming product or installation shall be accomplished in a manner to minimize disturbance to Owner’s functions. Written warrantied shall be submitted. Manufacturer shall guarantee for a period of fifteen years availability of components and finishes compatible with the original installation.

k. Vendor shall provide and install all manufacturers provided brackets, supports, hangers, clips, legs, bases, connectors, cover plates, grommets, and other miscellaneous hardware as determined by the manufacturer.

l. Insurance and Contracting Requirements: The selected Vendor(s) shall be required to agree to the terms contained in the State of Minnesota – Facilities Professional or Technical Services Contract (Attachment C).

m. Vendor(s) Responsibilities for Awarded Contract(s) Verification of all site conditions that impact the furniture scope Verification on all final quantities. Submittals for all final selected finishes for approval and record. A detailed schedule indicating product lead times and ongoing updates. Provide General Contractor with a shipping and installation schedule. Coordinate throughout

process and provide updates as necessary. Provide maintenance and warranty data on all products. Coordination and procurement of all COM fabrics/materials. Provide ongoing services such as maintenance, warranty issues, installation defects, etc.

Proposal Submission Format 1. Signature Page:

A cover letter shall be included as the first page of the proposal. It shall be signed by an official of the responding company stating receipt of any addenda and authorizing the content of the proposal submission.

2. Company Background/Profile: Please provide a brief description of your firm’s business including location, years in business, services offered and identify whom your firm uses for installation. (One page limit)

3. Project Team & Experience: Introduce your project team and highlight their expertise on similar projects, their roles and responsibilities. Include relevant background information on any consultant and/or sub-contractor


utilized in relation with the project. (One page limit)

4. Similar Experience/Reference: Provide three (3) client references that includes business name, address, contact, and telephone number.

5. Project Understanding/Schedule Provide understanding/workplan that relates to realistic project schedule.

6. Product Data Sheets Provide product data sheets for any proposed products that differ from any of the Basis of Design Furniture Package products.

Identify any products/items considered custom or special. Identify any disclaimers relating to services and/or products.

7. Fee: Provide cost to account for total quantities of the BDFP products (or approved substitution products).

-Include per unit price for each furniture piece as separate sheet

Provide separate line items to include costs for:

-Fees related to design, product samples, overtime hours, tariffs, etc.

-Shipping and freight charges.

-Installation charges.

Provide total fee from the summation of product, fees, shipping, and installation.

Notes:

Identify any contracts (from established furniture contracts) & tier discounts to be utilized on the project.

The current prevailing wage rates for work must be utilized.

End of Request For Proposal

Attachment A 1 10/3/19

ATTACHMENT A

STATE OF MINNESOTA

AFFIDAVIT OF NON-COLLUSION

I swear (or affirm) under the penalty of perjury:

1. That I am the Responder (if the Responder is an individual), a partner in the company (if

the Responder is a partnership), or an officer or employee of the responding

corporation having authority to sign on its behalf (if the Responder is a corporation);

2. That the attached proposal submitted in response to the ________________________

Request for Proposal has been arrived at by the Responder independently and has been

submitted without collusion with and without any agreement, understanding or planned

common course of action with, any other Responder of materials, supplies, equipment

or services described in the Request for Proposal, designed to limit fair and open

competition;

3. That the contents of the proposal have not been communicated by the Responder or its

employees or agents to any person not an employee or agent of the Responder and will

not be communicated to any such persons prior to the official opening of the proposals;

and

4. That I am fully informed regarding the accuracy of the statements made in this affidavit.

Responder’s Firm Name: ___________________________________________

Authorized Signature: _____________________________________________

Date: __________________________________________________________

Subscribed and sworn to me this ________ day of ___________

Notary Public: _________________________________________

My commission expires: ________________________________

CERTIFICATION REGARDING LOBBYINGLOWER TIER COVERED TRANSACTIONS

Applicants should review the instructions for certification included in the regulations before completing this form. Signatureon this form provides for compliance with certification requirements under 15 CFR Part 28, “New Restrictions on Lobbying.”

LOBBYINGAs required by Section 1352, Title 31 of the U.S. Code, andimplemented at 15 CFR Part 28, for persons entering into a grant,cooperative agreement or contract over $100,000 or a loan or loanguarantee over $150,000 as defined at 15 CFR Part 28, Sections28.105 and 28.110, the applicant certifies that to the best of his or herknowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing orattempting to influence an officer or employee of any agency, aMember of Congress in connection with the awarding of anyFederal contract, the making of any Federal grant, the making ofany Federal loan, the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment, ormodification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have beenpaid or will be paid to any person for influencing or attempting toinfluence an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employee of amember of Congress in connection with this Federal contract, grant,loan, or cooperative agreement, the undersigned shall complete andsubmit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’in accordance with its instructions.

(3) The undersigned shall require that the language of thiscertification be included in the award documents for all subawards atall tiers (including subcontracts, subgrants, and contracts undergrants, loans, and cooperative agreements) and that all subrecipientsshall certify and disclose accordingly.

This certification is a material representation of fact upon whichreliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making orentering into this transaction imposed by section 1352, title 31, U.S.Code. Any person who fails to file the required certification shall besubject to a civil penalty of not less than $10,000 and not morethan $100,000 for each such failure occurring on or beforeOctober 23, 1996, and of not less than $11,000 and not morethan $110,000 for each such failure occurring after October 23,1996.

Statement for Loan Guarantees and Loan InsuranceThe undersigned states, to the best of his or her knowledgeand belief, that:

In any funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employee of a Member of Congress inconnection with this commitment providing for the UnitedStates to insure or guarantee a loan, the undersigned shallcomplete and submit Standard Form-LLL, ‘‘Disclosure Formto Report Lobbying,’’ in accordance with its instructions.

Submission of this statement is a prerequisite for making orentering into this transaction imposed by section 1352, title31, U.S. Code. Any person who fails to file the required state-ment shall be subject to a civil penalty of not less than $10,000and not more than $100,000 for each such failure occurringon or before October 23, 1996, and of not less than $11,000and not more than $110,000 for each such failure occurringafter October 23, 1996.

As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with theabove applicable certification.

NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME

PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE DATE

FORM CD-512(REV 12-04)

U.S. DEPARTMENT OF COMMERCEATTACHMENT A

Attachment C

ATTACHMENT C

STATE OF MINNESOTA

Certification Regarding Lobbying

For Minnesota State Colleges & Universities

Contracts and Grants over $100,000

The undersigned certifies, to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any

person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an

officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any

cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal

contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for

influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer or

employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,

loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to

Report Lobbying in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for

all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative

agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made

or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed

by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less

than $10,000 and not more than $100,000 for each such failure.

__________________________________________________________________________

Consultant Name

__________________________________________________________________________

Name and Title of Official Signing for Consultant

By:_______________________________________________________________________

Signature of Official

__________________________________________________________________________

Date

PUR015

1/30/01

ATTACHMENT D

MINNESOTA STATE COLLEGES AND UNIVERSITIES

NOTICE TO CONTRACTORS

WORKFORCE CERTIFICATION OF COMPLIANCE

It is hereby agreed between the parties that Minnesota State will require that affirmative action

requirements be met by contractors in relation to Minnesota Statutes §363A.36 and Minnesota Rules,

5000.3400 to 5000.3600. Failure by a contractor to implement an affirmative action plan or make a good

faith effort shall result in revocation of its certificate or revocation of the contract (Minnesota Statutes

§363A.36, subdivisions 3 and 4).

Under the Minnesota Human Rights Act, §363A.36, businesses or firms entering into a contract over

$100,000 which have more than forty (40) full-time employees within the state of Minnesota on a single

working day during the previous twelve (12) months, or businesses or firms employing more than forty

(40) full-time employees on a single working day during the previous twelve (12) months in a state in

which its primary place of business is domiciled and that primary place of business is outside of the State

of Minnesota but within the United States, must have submitted an affirmative action plan that was

received by the Commissioner of Human Rights for approval prior to the date and time the responses

are due. A contract over $100,000 will not be executed unless the firm or business having more than

forty (40) full-time employees, either within or outside the State of Minnesota, has received a certificate

of compliance signifying it has an affirmative action plan approved by the Commissioner of Human

Rights. The Certificate is valid for four (4) years. For additional information, contact the Department of

Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, MN 55155.

Effective July 1, 2003. The Minnesota Department of Human Rights is authorized to charge a $150.00 fee

for each Certificate of Compliance issued. A business or firm must submit its affirmative action plan

along with a cashier's check or money order in the amount of $150.00 to the Minnesota Department of

Human Rights or you may contact the Department for additional information at the Compliance Services

Unit, Freeman Building, 625 Robert Street North, Saint Paul MN 55155.

STATE OF MINNESOTA –WORKFORCE CERTIFICATE INFORMATION Required by state law for ALL bids or proposals that could exceed $100,000

_________________________________________________________________________________

Complete this form and return it with your bid or proposal. The State of Minnesota is under no obligation to delay

proceeding with a contract until a company becomes compliant with the Workforce Certification requirements in

Minn. Stat. §363A.36.

BOX A – MINNESOTA COMPANIES that have employed more than 40 full-time employees within this state on

any single working day during the previous 12 months, check one option below:

☐ Attached is our current Workforce Certificate issued by the Minnesota Department of Human Rights (MDHR).

☐ Attached is confirmation that MDHR received our application for a Minnesota Workforce Certificate on

______________________ (date).

BOX B – NON-MINNESOTA COMPANIES that have employed more than 40 full-time employees on a single working day

during the previous 12 months in the state where it has its primary place of business, check one option below:

☐ Attached is our current Workforce Certificate issued by MDHR.

☐ We certify we are in compliance with federal affirmative action requirements. Upon notification of contract award, you must

send your federal or municipal certificate to MDHR at [email protected]. If you are unable to send either certificate,

MDHR may contact you to request evidence of federal compliance. The inability to provide sufficient documentation may prohibit

contract execution.

BOX C – EXEMPT COMPANIES that have not employed more than 40 full-time employees on a single working day in any

state during the previous 12 months, check option below if applicable:

☐ We attest we are exempt. If our company is awarded a contract, we will submit to MDHR within 5 business days after the

contract is fully signed, the names of our employees during the previous 12 months, the date of separation, if applicable, and the

state in which the persons were employed. Send to [email protected].

By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf of your

company.

Name of Company: _______________________________________ Date _________________________________

Authorized Signature: _____________________________________ Telephone number: _____________________

Printed Name: ___________________________________________ Title: _________________________________

For Assistance with this form, contact:

Minnesota Department of Human Rights, Compliance Services

Web: http://mn.gov/mdhr/ TC Metro: 651-539-1095 Toll Free: 800-657-3704

Email: [email protected] TTY: 651-296-1283


NOTICE TO VENDORS

WORKFORCE CERTIFICATION OF COMPLIANCE

The amended Minnesota Human Rights Act (Minnesota Statutes §363A.36) divides the contract compliance program

into two categories. Both categories apply to any contracts for goods or services in excess of $100,000.

The first category applies to businesses that have had more than 40 full-time employees within Minnesota on a single

working day during the previous 12 months. The businesses in this category must have submitted an affirmative action

plan to the Commissioner of the Department of Human Rights prior to the due date and time of the response and must

have received a Certificate of Compliance prior to execution of the contract or agreement.

The secondary category applies to businesses that have had more than 40 full-time employees on a single working day in

the previous 12 months in the state in which its primary place of business is domiciled. The businesses in this category

must certify to Minnesota State that it is in compliance with federal affirmative action requirements before execution of

the contract. For further information, contact the Department of Human Rights, Compliance Services Unit, 625 Robert

Street North, Saint Paul MN 55155; Voice: 651-296-5663; Toll Free: 800-657-3704; TTY: 651-296-1283.

Minnesota State is under no obligation to delay the award or the execution of a contract until a vendor has completed

the Human Rights certification process. It is the sole responsibility of the vendor to apply for and obtain a Human

Rights certificate prior to contract execution.

It is hereby agreed between the parties that Minnesota State will require affirmative action requirements be met by

vendors in relation to Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to 5000.3600.

Under the Minnesota Human Rights Act, §363A.36, subdivision 1, no department or agency of the state shall execute an

order in excess of $100,000 with any business within the State of Minnesota having more than 40 full-time employees in

a single working day during the previous 12 months unless the firm or business has an affirmative action plan for the

employment of minority persons, women, and the disabled that has been approved the Commissioner of Human Rights.

Receipt of a Certificate of Compliance issued by the Commissioner shall signify that a firm or business has an affirmative

action plan approved by the Commissioner.

Failure by the vendor to implement an affirmative action plan or make a good faith effort shall result in revocation of its

certificate or revocation of the order (Minnesota Statutes §363A.36, subdivisions 3 and 4). A certificate is valid for a

period of four (4) years.

ATTACHMENT E: STATE OF MINNESOTA


ND.30 – Facilities PT Non-Master Contract Page 1 of 14 09/28/18

[INSTRUCTIONS FOR COMPLETING THIS FORM ARE IN ITALICS AND BRACKETS. PLEASE COMPLETE

EVERY FIELD AND DELETE ALL INSTRUCTIONS INCLUDING THE BRACKETS.]

[DO NOT USE THIS CONTRACT FOR ARCHITECTURAL OR ENGINEERING DESIGN SERVICES.

ARCHITECTURAL OR ENGINEERING DESIGN SERVICES MUST USE THE FACILITIES P/T MASTER

CONTRACT OR AIA DOCUMENT B105, B101, OR B133.]

[INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE]

FACILITIES PROFESSIONAL OR TECHNICAL SERVICES CONTRACT

Contract is specific for use by Finance/Facilities divisions

THIS CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting

through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of [INSERT

NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE], (hereinafter Minnesota State), and [INSERT

CONSULTANT’S LEGAL NAME AND FULL ADDRESS], an independent consultant, not an employee of the

State of Minnesota (hereinafter CONSULTANT).

WHEREAS, Minnesota State, pursuant to Minnesota Statutes Chapter 136F, is empowered to procure

from time to time certain professional/technical services, and

WHEREAS, Minnesota State is in need of professional/technical services, and

WHEREAS, the CONSULTANT represents it is duly qualified and willing to perform the services set forth

in this contract and

[DELETE THE FOLLOWING CLAUSES IF CONSULTANT IS NOT AN INDIVIDUAL. IF CONSULTANT IS AN

INDIVIDUAL, THEY MUST BE INCLUDED.]

WHEREAS, the CONSULTANT represents that he / she is not a current state employee, and

WHEREAS, the CONSULTANT represents that he / she has not received an early separation incentive

under Minnesota State Colleges and Universities Board Policy 4.11, Board Early Separation Incentive

Program (BESI), during the one year post-separation period prior to the effective date of this contract.

NOW, THEREFORE, it is agreed:

1. TERM OF CONTRACT. This contract is effective on [INSERT FULL DATE (e.g., January 29, 2013)]

or upon the date the final required signature is obtained by Minnesota State, whichever occurs

later, and shall remain in effect until [INSERT FULL DATE (e.g., June 15, 2013)] or until all

obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. The

CONSULTANT understands that no work should begin under this contract until all required

signatures have been obtained and the CONSULTANT is notified to begin work by Minnesota

State authorized representative.




2. CONSULTANT’S DUTIES. The CONSULTANT will:

[PROVIDE SUFFICIENT DETAIL IN THE DUTIES SO THAT YOU CAN HOLD THE CONSULTANT

ACCOUNTABLE FOR THIS WORK. DO THIS BY EITHER: 1) LISTING THE CONSULTANT’S DUTIES,

DELIVERABLES, AND COMPLETION DATES WITH PRECISE DETAIL HERE OR 2) USING AN EXHIBIT

THAT CONTAINS THE PRECISE DUTIES AND DELIVERABLES, NOT THE “PROPOSAL”. YOU MUST

INDICATE THAT AN EXHIBIT IS INCORPORATED INTO THE CONTRACT, SUCH AS “Perform the

duties specified in Exhibit A, which is attached and incorporated into this contract.”]

3. CONSIDERATION AND TERMS OF PAYMENT.

a. Consideration for all services performed and goods or materials supplied by the

CONSULTANT pursuant to this contract shall be paid by Minnesota State as follows:

Compensation of [INSERT DOLLAR AMOUNT IN WORDS AND NUMBERS AND

NUMBER OF HOURS, e.g, Fifty and 00/100 Dollars ($50.00) for eighty (80) hours.

EXPLAIN HOW THE CONSULTANT WILL BE PAID. EXAMPLES: “IN ACCORDANCE

WITH THE BREAKDOWN OF COSTS AS SET FORTH BELOW.” IF DELIVERABLES CAN

BE SUCCINCTLY DEFINED, IT IS GENERALLY PREFERABLE TO STRUCTURE PAYMENT

BASED ON THE SUCCESSFUL COMPLETION AND ACCEPTANCE OF SPECIFIC TASKS

OR DELIVERABLES.]

Reimbursement for travel and subsistence expenses actually and necessarily

incurred by the Architect and their sub-consultants in performance of this contract

shall be included in the Architect’s fee for Basic Services. Fees to be paid by the

Consultant for securing approval of authorities having jurisdiction over the Project,

if applicable, shall be included as Reimbursable Expenses. Reimbursement is also

allowed for Owner-requested documents when the Architect provides printing

services.

The Total Reimbursable Expenses Encumbered in this Agreement shall not exceed a

total amount of [INSERT DOLLAR AMOUNT IN WORDS AND NUMBERS, e.g. Four

Thousand One Hundred Twenty and 00/100 Dollars ($4,120.00).]

The total obligation of Minnesota State for all compensation and reimbursement to the

CONSULTANT shall not exceed [INSERT DOLLAR AMOUNT IN WORDS AND NUMBERS, e.g. Four

Thousand One Hundred Twenty and 00/100 Dollars ($4,120.00).]




Terms of Payment.

i. Payment shall be made by Minnesota State promptly after the CONSULTANT’S

presentation of invoices for services performed and acceptance of such services

by Minnesota State authorized representative. All services provided by the

CONSULTANT pursuant to this contract shall be performed to the satisfaction of

Minnesota State, as determined at the sole discretion of its authorized

representative, and in accordance with all applicable federal, state and local

laws, ordinances, rules and regulations. The CONSULTANT shall not receive

payment for work found by Minnesota State to be unsatisfactory or performed

in violation of any applicable federal, state or local law, ordinance, rule or

regulation. Invoices shall be presented by CONSULTANT according to the

following schedule:

The invoice will be paid within 30 calendar days following the completion of

all deliverables or receipt of payment invoice, whichever is later.

ii. [IF APPLICABLE, INSERT THIS CLAUSE.] Payments are to be made from federal

funds obtained by Minnesota State through Title ______ of the

________________ Act of ____________________ (Public law and

amendments thereto). If at any time such funds become unavailable, this

contract shall be terminated immediately upon written notice of such fact by

Minnesota State to the CONSULTANT. In the event of such termination,

CONSULTANT shall be entitled to payment, determined on a pro rata basis, for

services satisfactorily performed.

iii. Nonresident Aliens. Pursuant to 26 U.S.C. §1441, Minnesota State is required to

withhold certain federal income taxes on the gross compensation paid to

nonresident aliens, as defined by Internal Revenue Code §7701(b). Minnesota

State will withhold all required taxes unless and until CONSULTANT submits

documentation required by the Internal Revenue Service indicating that

CONSULTANT is a resident of a country with tax treaty benefits. Minnesota

State makes no representations regarding whether or to what extent tax treaty

benefits are available to CONSULTANT. To the extent that Minnesota State does

not withhold these taxes for any reason, CONSULTANT agrees to indemnify and

hold Minnesota State harmless for any taxes owed and any interest or penalties

assessed.

4. AUTHORIZED REPRESENTATIVES. All official notifications, including but not limited to,

cancellation of this contract must be sent to the other party’s authorized representative.

a. Minnesota State authorized representative for the purpose of administration of this

contract is:

Name: [INSERT]

Address: [INSERT]

Telephone: [INSERT]

E-Mail: [INSERT]




Such representative shall have final authority for acceptance of the CONSULTANT’S

services and, if such services are accepted as satisfactory, shall so certify on each invoice

presented pursuant to Clause 3, paragraph b.

b. The CONSULTANT’S authorized representative for the purpose of administration of this

contract is:

Name: [INSERT]

Address: [INSERT]

Telephone: [INSERT]

E-Mail: [INSERT]

5. CANCELLATION AND TERMINATION.

a. This contract may be canceled by Minnesota State at any time, with or without cause, upon

thirty (30) days written notice to the CONSULTANT. In the event of such a cancellation, the

CONSULTANT shall be entitled to payment, determined on a pro rata basis, for work or

services satisfactorily performed.

b. Termination for Insufficient Funding. Minnesota State may immediately terminate this

contract if it does not obtain funding from the Minnesota Legislature or other funding

source, or if funding cannot be continued at a level sufficient to allow for the payment of the

services covered here. Termination must be by written or fax notice to the CONSULTANT

within a reasonable time of Minnesota State receiving notice that sufficient funding is not

available. Minnesota State is not obligated to pay for any services that are provided after

notice and effective date of termination. However, the CONSULTANT will be entitled to

payment, determined on a pro rata basis, for work or services satisfactorily performed to

the extent that funds are available. Minnesota State will not be assessed any penalty if the

contract is terminated because of the decision of the Minnesota Legislature or other funding

source not to appropriate funds.

6. ASSIGNMENT. The CONSULTANT shall neither assign nor transfer any rights or obligations

under this contract without the prior written consent of Minnesota State.

7. LIABILITY. In the performance of this contract by CONSULTANT, or CONSULTANT’S agents or

employees, the CONSULTANT must indemnify, save, and hold harmless Minnesota State, its

agents, and employees, from any claims or causes of action, including attorney’s fees incurred by

Minnesota State, to the extent caused by the CONSULTANT’s:

1. Intentional, willful, or negligent acts or omissions; or

2. Actions that give rise to strict liability; or

3. Breach of contract or warrant.

The indemnification obligations of this section do not apply in the event the claim or cause of

action is the result of Minnesota State sole negligence.

This clause shall not be construed to bar any legal remedies the CONSULTANT may have for

Minnesota State failure to fulfill its obligations pursuant to this contract.




8. WORKERS’ COMPENSATION. The CONSULTANT certifies it is in compliance with Minnesota

Statutes §176.181, subd. 2 pertaining to workers’ compensation insurance coverage. The

CONSULTANT’S employees and agents will not be considered Minnesota State employees. Any

claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these

employees or agents and any claims made by any third party as a consequence of any act or

omission on the part of these employees or agents are in no way Minnesota State obligation or

responsibility.

9. PUBLICITY. Any publicity given to the program, publications, or services provided resulting from

this contract, including, but not limited to, notices, informational pamphlets, press releases,

research, reports, signs, and similar public notices prepared by or for the CONSULTANT or its

employees individually or jointly with others, or any subCONSULTANTs shall identify Minnesota

State as the sponsoring agency and shall not be released prior to receiving the approval of

Minnesota State authorized representative.

10. MINNESOTA STATUTES §181.59.

The CONSULTANT will comply with the provisions of Minnesota Statutes §181.59 which require:

Every contract for or on behalf of the State of Minnesota, or any county, city, town, township,

school, school district, or any other district in the state, for materials, supplies, or construction

shall contain provisions by which the CONSULTANT agrees: (1) that, in the hiring of common or

skilled labor for the performance of any work under any contract, or any subcontract, no

CONSULTANT, material supplier, or vendor, shall, by reason or race, creed, or color, discriminate

against the person or persons who are citizens of the United States or resident aliens who are

qualified and available to perform the work to which the employment relates; (2) that no

CONSULTANT, material supplier, or vendor, shall, in any manner, discriminate against, or

intimidate, or prevent the employment of any person or persons identified in clause (1) of this

section, or on being hired, prevent, or conspire to prevent, the person or persons from the

performance of work under any contract on account of race, creed, or color; (3) that a violation

of this section is a misdemeanor; and (4) that this contract may be canceled or terminated by

the state, county, city, town, school board, or any other person authorized to grant the

contracts for employment, and all money due, or to become due under the contract, may be

forfeited for a second or any subsequent violation of the terms or conditions of this contract.

11. DATA DISCLOSURE.

a. As a condition of this contract, CONSULTANT is required by Minn. Stat. §270C.65 to provide

a social security number, a federal tax identification number or Minnesota tax identification

number. This information may be used in the enforcement of federal and state tax laws.

These numbers will be available to federal and state tax authorities and state personnel

involved in approving the contract and the payment of state obligations. Supplying these

numbers could result in action to require CONSULTANT to file state tax returns and pay

delinquent state tax liabilities. This contract will not be approved unless these numbers are

provided.

b. Independent CONSULTANTs. Minn. Stat. §256.998 requires Minnesota State to report the

name, address and social security number of independent CONSULTANTs to the New Hire

Reporting Center of the Minnesota Department of Human Services unless this Contract is for




less than two months in duration with gross earnings of less than $250.00 per month. This

information may be used by state or local child support enforcement authorities in the

enforcement of state and federal child support laws.

12. GOVERNMENT DATA PRACTICES ACT. The requirements of Minnesota Statutes § 13.05, subd.

11 apply to this contract. The CONSULTANT and Minnesota State must comply with the

Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all

data provided by Minnesota State in accordance with this contract, and as it applies to all data,

created, collected, received, stored, used, maintained, or disseminated by the CONSULTANT in

accordance with this contract. The civil remedies of Minnesota Statutes §13.08 apply to the

release of the data referred to in this clause by either the CONSULTANT or Minnesota State.

In the event the CONSULTANT receives a request to release the data referred to in this clause,

the CONSULTANT must immediately notify Minnesota State. Minnesota State will give the

CONSULTANT instructions concerning the release of the data to the requesting party before the

data is released.

[IF THE SERVICES PROVIDED BY CONSULTANT INCLUDE ACCESS TO, STORAGE, OR

TRANSMISSION OF EDUCATION RECORDS OR EDUCATION DATA, CONTACT THE OFFICE OF

GENERAL COUNSEL FOR ADDITIONAL CONTRACT PROVISIONS REGARDING DATA SECURITY. IF

YOU HAVE ANY OTHER PRIVACY CONCERNS ABOUT THIS CONTRACT, PLEASE CONTACT THE

OFFICE OF GENERAL COUNSEL.]

13. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS.

a. Minnesota State shall own all rights, title and interest in all of the materials conceived or

created by the CONSULTANT, or its employees or subCONSULTANTs, either individually or

jointly with others and which arise out of the performance of this contract, created and paid

for under this contract, including any inventions, reports, studies, designs, drawings,

specifications, notes, documents, software and documentation, computer based training

modules, electronically, magnetically or digitally recorded material, and other work in

whatever form (hereinafter MATERIALS).

The CONSULTANT hereby assigns to Minnesota State all rights, title and interest to the

MATERIALS. The CONSULTANT shall, upon request of Minnesota State, execute all papers

and perform all other acts necessary to assist Minnesota State to obtain and register

copyrights, patents or other forms of protection provided by law for the MATERIALS. The

MATERIALS created under this contract by the CONSULTANT, its employees or

subCONSULTANTs, individually or jointly with others, shall be considered “works made for

hire” as defined by the United States Copyright Act. All of the MATERIALS, whether in

paper, electronic, or other form, shall be remitted to Minnesota State by the CONSULTANT,

its employees and any subCONSULTANTs, and the CONSULTANT shall not copy, reproduce,

allow or cause to have the MATERIALS copied, reproduced or used for any purpose other

than performance of the CONSULTANT’S obligations under this contract without the prior

written consent of Minnesota State authorized representative.

b. The CONSULTANT represents and warrants that MATERIALS produced or used under this

contract do not and will not infringe upon any intellectual property rights of another,

including, but not limited to, patents, copyrights, trade secrets, trade names, and service




marks and names. The CONSULTANT shall indemnify and defend, to the extent permitted

by the Attorney General, Minnesota State at the CONSULTANT’S expense from any action or

claim brought against Minnesota State to the extent that it is based on a claim that all or

part of the MATERIALS infringe upon the intellectual property rights of another. The

CONSULTANT shall be responsible for payment of any and all such claims, demands,

obligations, liabilities, costs and damages, including, but not limited to, reasonable attorney

fees arising out of this contract, amendments and supplements thereto, which are

attributable to such claims or actions.

If such a claim or action arises, or in the CONSULTANT’S or Minnesota State opinion is likely

to arise, the CONSULTANT shall, at Minnesota State discretion, either procure for Minnesota

State the right or license to continue using the MATERIALS at issue or replace or modify the

allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be

exclusive to other remedies provided by law.

14. ANTITRUST. The CONSULTANT hereby assigns to the State of Minnesota any and all claims for

overcharges as to goods or services provided in connection with this contract resulting from

antitrust violations which arise under the antitrust laws of the United States or the antitrust

laws of the State of Minnesota.

15. JURISDICTION AND VENUE. This contract, and 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.

16. AMENDMENTS. Any amendments to this contract shall be in writing and shall be executed by

the same parties who executed the original contract, or their successors in office.

17. STATE AUDITS. The books, records, documents, and accounting procedures and practices of the

CONSULTANT relevant to this contract shall be subject to examination by Minnesota State and

the Legislative Auditor for a minimum of six (6) years from the end of the contract.

18. SURVIVAL OF TERMS. The following clauses survive the expiration, cancellation or termination

of this contract: Liability; Publicity; Data Disclosure; Government Data Practices Act; Ownership

Of Materials and Intellectual Property Rights; Jurisdiction and Venue; and State Audits.

19. AFFIRMATIVE ACTION REQUIREMENTS FOR CONTRACTS IN EXCESS OF $100,000.00 AND THE

CONSULTANT HAS MORE THAN 40 FULL-TIME EMPLOYEES IN MINNESOTA OR ITS PRINCIPAL

PLACE OF BUSINESS.

[DELETE THIS CLAUSE IF THE TOTAL CONTRACT VALUE IS UNDER $100,000.00 AND RENUMBER

REMAINING CLAUSE IF APPLICABLE.]

Minnesota State intends to carry out its responsibility for requiring affirmative action by its

CONSULTANTS.

a. Covered Contracts and CONSULTANTs. If the contract exceeds One Hundred Thousand and

00/100 Dollars ($100,000.00) and the CONSULTANT employed more than forty (40) full-time

employees on a single working day during the previous twelve (12) months in Minnesota or




in the state where it has its principle place of business, then the CONSULTANT must comply

with the requirements of Minnesota Statutes §363A.36 and Minnesota R. Parts 5000.3400-

5000.3600. A CONSULTANT covered by Minnesota Statutes §363A.36 because it employed

more than forty (40) full-time employees in another state and the CONSULTANT does not

have a Certificate of Compliance, said CONSULTANT must certify that it is in compliance with

federal affirmative action requirements.

b. Minnesota Statutes §363A.36. Minnesota Statutes §363A.36 requires CONSULTANT to have

an affirmative action plan for the employment of minority persons, women, and qualified

disabled individuals approved by the Minnesota Commissioner of Human Rights (hereinafter

COMMISSIONER) as indicated by a certificate of compliance. The law addresses suspension

or revocation of a certificate of compliance and contract consequences in that event. A

contract awarded without a certificate of compliance may be voided.

c. Minnesota R. 5000.3400-5000.3600.

i. General. Minnesota R. 5000.3400-5000.3600 implement Minnesota Statutes

§363A.36. These rules include, but are not limited to: criteria for contents,

approval, and implementation of affirmative action plans; procedures for issuing

certificates of compliance and criteria for determining a CONSULTANT’s compliance

status; procedures for addressing deficiencies, sanctions, and notice and hearing;

annual compliance reports; procedures for compliance review; and contract

consequences for non-compliance. The specific criteria for approval or rejection of

an affirmative action plan are contained in various provisions of Minnesota R.

5000.3400-5000.3600, including, but not limited to, parts 5000.3420-5000.3500 and

5000.3552-5000.3559.

ii. Disabled Workers. The CONSULTANT must comply with the following affirmative

action requirements for disabled workers.

A. The CONSULTANT must not discriminate against any employee or

applicant for employment because of physical or mental disability in regard

to any position for which the employee or applicant for employment is

qualified. The CONSULTANT agrees to take affirmative action to employ,

advance in employment, and otherwise treat qualified disabled persons

without discrimination based upon their physical or mental disability in all

employment practices such as the following: employment, upgrading,

demotion or transfer, recruitment, advertising, layoff or termination, rates

of pay or other forms of compensation, and selection for training, including

apprenticeship.

B. The CONSULTANT agrees to comply with the rules and relevant orders of

the Minnesota Department of Human Rights issued pursuant to the

Minnesota Human Rights Act.

C. In the event of the CONSULTANT'S noncompliance with the requirements of

this clause, actions for noncompliance may be taken in accordance with

Minnesota Statutes §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 CONSULTANT agrees to post in conspicuous places, available to

employees and applicants for employment, notices in a form to be

prescribed by the Commissioner of the Minnesota Department of Human

Rights. Such notices must state the CONSULTANT'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.

E. The CONSULTANT must notify each labor union or representative of

workers with which it has a collective bargaining agreement or other

contract understanding, that the CONSULTANT is bound by the terms of

Minnesota Statutes §363A.36 of the Minnesota Human Rights Act and is

committed to take affirmative action to employ and advance in

employment physically and mentally disabled persons.

iii. Consequences. The consequences for the CONSULTANT’S failure to implement its

affirmative action plan or make a good faith effort to do so include, but are not

limited to, suspension or revocation of a certificate of compliance by the

COMMISSIONER, refusal by the COMMISSIONER to approve subsequent plans, and

termination of all or part of this contract by the COMMISSIONER or Minnesota

State.

iv. Certification. The CONSULTANT hereby certifies it is in compliance with the

requirements of Minnesota Statutes §363A.36 and Minnesota R. 5000.3400-

5000.3600 and is aware of the consequences for noncompliance.

20. EQUAL PAY CERTIFICATION REQUIREMENTS FOR CONTRACTS IN EXCESS OF $500,000.00 AND

THE CONSULTANT HAS MORE THAN 40 FULL-TIME EMPLOYEES IN MINNESOTA OR ITS

PRIMARY PLACE OF BUSINESS. [DELETE THIS CLAUSE IF THE TOTAL CONTRACT VALUE IS

UNDER $500,000.00 AND RENUMBER REMAINING CLAUSE IF APPLICABLE.]

Minnesota State intends to carry out its responsibility for requiring equal pay by its

CONSULTANTS.

a. Covered Contracts and CONSULTANTs. If the amount of this contract is in excess of

$500,000.00 and the CONSULTANT has 40 or more full-time employees in Minnesota or a

state where the business has its primary place of business on a single day during the prior 12

months, the CONSULTANT must comply with the requirements of Minnesota Statutes

§363A.44 prior to contract execution. CONSULTANT must obtain an Equal Pay Certificate

from the Minnesota Department of Human Rights (MDHR) or claim an exemption prior to

CONTRACT execution. CONSULTANT is exempt if it has not employed more than 40 full-time

employees on any single working day in one state during the previous 12 months. A

certificate is valid for four years.

i. Consequences. The consequences for the CONSULTANT’S failure to secure and

comply with Minnesota Statutes §363A.44 or make a good faith effort to do so,




include but are but are not limited to, suspension or revocation of a certificate of

Compliance by the COMMISSIONER, and termination of all or part of this contract by

the COMMISSIONER or Minnesota State.

ii. Certification. The CONSULTANT hereby certifies it is in compliance with the

requirements of Minnesota Statutes §363A.44 and applicable rules and regulations

and is aware of the consequences for noncompliance.

21. INSURANCE. At the time that a CONSULTANT is selected for project work, it shall have in effect

insurance as specified below, which shall be reflected in Certificates of Insurance to be provided

to the selecting Minnesota State campus or System Office before the contract for the project work

is executed.

a. Workers’ Compensation Insurance: Except as provided below, CONSULTANT must provide

Workers’ Compensation insurance for all its employees and, in case any work is

subcontracted, CONSULTANT will require the subconsultant to provide Workers’

Compensation insurance in accordance with the statutory requirements of the State of

Minnesota, including Coverage B, Employer’s Liability. Insurance minimum limits are as

follows:

$100,000 – Bodily Injury by Disease per employee

$500,000 – Bodily Injury by Disease aggregate

$100,000 – Bodily Injury by Accident

If Minnesota Statute 176.041 exempts CONSULTANT from Workers’ Compensation insurance

or if the CONSULTANT has no employees in the State of Minnesota, CONSULTANT must

provide a written statement, signed by an authorized representative, indicating the qualifying

exemption that excludes CONSULTANT from the Minnesota Workers’ Compensation

requirements.

If during the course of the contract the CONSULTANT becomes eligible for Workers’

Compensation, the CONSULTANT must comply with the Workers’ Compensation Insurance

requirements herein and provide the State of Minnesota with a certificate of insurance.

b. Commercial General Liability Insurance: CONSULTANT is required to maintain insurance

protecting it from claims for damages for bodily injury, including sickness or disease, death,

and for care and loss of services as well as from claims for property damage, including loss of

use which may arise from operations under the Contract whether the operations are by the

CONSULTANT or by a subconsultant or by anyone directly or indirectly employed by the

CONSULTANT under the contract. Insurance minimum limits are as follows:

$2,000,000 – per occurrence

$2,000,000 – annual aggregate

$2,000,000 – annual aggregate – Products/Completed Operations

The following coverages shall be included:




Premises and Operations Bodily Injury and Property Damage

Personal and Advertising Injury

Blanket Contractual Liability

Products and Completed Operations Liability

Other; if applicable, please list__________________________________

The Board of Trustees of the Minnesota State Colleges and Universities and its officers and

members, to include the Project’s College or University, the State of Minnesota, officers and

employees of the State of Minnesota, named as an Additional Insured, to the extent

permitted by law

c. Commercial Automobile Liability Insurance: CONSULTANT is required to maintain insurance

protecting it from claims for damages for bodily injury as well as from claims for property

damage resulting from the ownership, operation, maintenance or use of all owned, hired, and

non-owned autos which may arise from operations under this contract, and in case any work

is subcontracted the CONSULTANT will require the sub-consultant to maintain Commercial

Automobile Liability insurance. Insurance minimum limits are as follows:

$2,000,000 – per occurrence Combined Single limit for Bodily Injury and Property Damage

In addition, the following coverages should be included:

Owned, Hired, and Non-owned Automobile

d. Professional Liability Insurance:

The CONSULTANT shall maintain professional liability insurance covering negligent acts,

errors or omissions, arising out of performance of, or the failure to perform, any services

included in this contract. Additionally, the CONSULTANT shall require its consultants and their

sub-consultants, if any, to maintain applicable professional liability insurance. Unless

otherwise specified, the minimum amounts for such insurance shall be as follows:

$2,000,000 – per claim or event

$2,000,000 – annual aggregate

Any deductible will be the sole responsibility of the CONSULTANT and may not exceed

$50,000 without the written approval of Minnesota State. If the CONSULTANT desires

authority from - Minnesota State to have a deductible in a higher amount, the CONSULTANT

shall so request in writing, specifying the amount of the desired deductible and providing

financial documentation by submitting their most current audited financial statements, so

that Minnesota State can ascertain the ability of the CONSULTANT to cover the deductible

from the CONSULTANT’s own resources.

The retroactive or prior acts date of such coverage shall not be after the effective date of this

Contract and CONSULTANT shall maintain such insurance for a period of at least three (3)

years, following completion of the work. If such insurance is discontinued, extended reporting

period coverage must be obtained by CONSULTANT to fulfill this requirement.




e. Additional Insurance Conditions:

• CONSULTANT’s policy(ies) shall be primary insurance to any other valid and collectible

insurance available to Minnesota State with respect to any claim arising out of

CONSULTANT’s performance under this contract;

• If CONSULTANT receives a cancellation notice from an insurance carrier affording

coverage herein, CONSULTANT agrees to notify Minnesota State in accordance with the

policy provisions with a copy of the cancellation notice, unless CONSULTANT’s policy(ies)

contain a provision that coverage afforded under the policy(ies) will not be cancelled

without advanced written notice to Minnesota State in accordance with the policy

provisions;

• CONSULTANT is responsible for payment of Contract related insurance premiums and

deductibles;

• If CONSULTANT is self-insured, a Certificate of Self-Insurance must be attached;

• CONSULTANT’s policy(ies) shall include legal defense fees in addition to its liability policy

limits, with the exception of Professional Liability insurance above;

• CONSULTANT shall obtain insurance policy(ies) from insurance company(ies) having an

“AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized

to do business in the State of Minnesota; and

• An Umbrella or Excess Liability insurance policy may be used to supplement the

CONSULTANT’s policy limits to satisfy the full policy limits required by the Contract.

f. MINNESOTA STATE System Office reserves the right to immediately terminate the contract if

the CONSULTANT is not in compliance with the insurance requirements and retains all rights

to pursue any legal remedies against the CONSULTANT. All insurance policies must be

available for inspection by the MINNESOTA STATE System Office and copies of policies must

be submitted to the MINNESOTA STATE System Office's authorized representative upon

written request.

Paragraph 21 of this Contract establishes minimum insurance requirements. It is the sole

responsibility of the CONSULTANT to determine the need for, and to procure, additional

insurance that may be needed in connection with this Contract and any Purchase Order

associated with it for any specific Project performed by the CONSULTANT.

22. ENTIRE AGREEMENT. This Contract represents the entire agreement between the parties and

supersedes any previous discussions or agreements, either verbal or written that occurred

between the parties. This Contract may not be amended except by written agreement signed

by the parties hereto. In the event of any conflict or inconsistency between this Contract and

any riders, exhibits, addenda, or other document incorporated herein, this Contract shall

govern.




23. OTHER PROVISIONS. [IF “NONE”, WRITE “NONE”]

[The following documents comprise the Agreement:

a. Facilities Professional or Technical Services Contract

b. The terms and conditions contained in the Request for Proposal (RFP), dated

____________, all addenda (list numbers) to the RFP,

c. the CONSULTANT’s response dated ______________.

To the extent of any conflict between the terms of this Agreement and the above-referenced

agreements between the Owner and the CONSULTANT, the interpretation most favorable to

the Owner shall control.]

[IF ADDING OTHER PROVISIONS OR ATTACHMENTS THAT IMPACT OR CONFLICT WITH WHAT IS

STATED IN THE CONTRACT, SEEK ASSISTANCE FROM SYSTEM LEGAL COUNSEL.]

The rest of this page intentionally left blank. Signature page to follow.




IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound

thereby.

APPROVED:

1. CONSULTANT: [INSERT NAME OF ARCHITECT FIRM]:

CONSULTANT certifies that the appropriate person(s) have executed the contract on behalf

of CONSULTANT as required by applicable articles, by-laws, resolutions, or ordinances.

By (authorized signature and printed name)

Title

Date


Title

Date

2. VERIFIED AS TO ENCUMBRANCE:

[INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE]:

Employee certifies that funds have been encumbered as required by

Minnesota Statutes §16A.15. When contract is processed through e-

Builder, encumbrance is incorporated into the workflow and signature

block below is left unsigned.

See attached Cover Page “Exhibit A” for Encumbrance Details.


Title

Date

3. MINNESOTA STATE



Title

Date

4. AS TO FORM AND EXECUTION:



Title

Date

DOWNDOWNDOWN

DOWN

DN

DN

UP

C L

A

A

AA

BB

CC

DD

EE

FF

GG

HH

AUDITORIUM

20

PRESIDENT'S

OFFICE

43 WRKRM

45

ADMIN. SUITE

40 OFFICE

41

STUDENT

SERVICES SUITE

10

WAITING AREA

16OFFICE

31

WORKROOM

32

CORRIDOR

01A

CORRIDOR

01B

MAIN LOBBY

00B

VESTIBULE

00A

OPEN OFFICE

30

HR OFFICE

42

UNIVERSITY

CENTER

37

22

05

33

08

N.I.C. (SHADED), TYP.

12

14

01


PRINTER (N.I.C.)



01 01 01 01

01

01

02 02 02

02

02

0202

01

01

03 03 03 03 03 03 03 03 03 03

03 03

03

03

03 03 03

03

03

03

03 03 03 03

03

03

0303 0303

03 03

03

03

03

03

04 04 0404 04

04

04

0404

05 0505 05

05

0505

05

06 06

07 07

07

07

07 07

07

07

07

08

08

08

09

1010

1010

22

22

22 24

24

24

24

26

26

26

26

26

26

1313

STUDENT

LOUNGE

200

CORRIDOR

01C

CORRIDOR

02

CORRIDOR

03A

STUDENT

LOUNGE ENTRY

200A

20

27TYP.

25

TYP.

31

20

24

TYP.

2020

24

TYP.

2020

24

TYP.

2020

24

TYP.

2020

24

TYP.

20

24

TYP.

20

21 21

25

TYP.

25

TYP.

27TYP.

27TYP.

27TYP.

28

28

28

28

29

29

3131 31

222222222222

22 22

22 22

242424

2424

24

TYP.

24

30

30 30

3030

30

30

30

30 30

30

32

32

23 2324

32

32

STUDENT LOUNGE/CORRIDOR 01B

TABLE - 4 PERSON SQUARE

TABLE - 4 PERSON ROUND

TABLE - 2 PERSON SQUARE

TABLE - WATERFALL

CHAIR - DINING

STOOL - BACKED

STOOL - UPHOLSTERED

SEATING - BOOTH

TABLE - BOOTHING

SOFA - LOUNGE

CHAIR - LOUNGE

TABLE - SIDE

TABLE - LOUNGE

FURNITURE KEY

01

02

03

04

05

06

07

08

09

10

11

13

OFFICE SUITES & UNIVERSITY CENTER

DESK - SIT/STAND SURFACE

DESK - RETURN

CHAIR - GUEST, CONFERENCING, & STUDENT USE

STORAGE - TOWER

STORAGE - FF PEDESTAL

STORAGE - CABINET W/ DOORS, 65" H

CHAIR - RECEPTION/WAITING

TABLE - SIDE

TABLE - CONFERENCE

TABLE - STUDENT USE SURFACES

TABLE - UNIVERSITY CENTER TABLE

DESK - PRESIDENT'S OFFICE

CHAIR - PRESIDENT'S GUEST

RECEPTION DESK W/ TRANSACTION COUNTER

20

21

22

23

24

25

26

27

28

31

NOT USED

NOT USED

NOT USED

NOT USED

NOT USED

32

15

16

17

18

12

29

30

1. CONTRACTOR TO REVIEW ALL DRAWINGS, SPECIFICATIONS, AND DOCUMENTS FOR FURNITURE QUANTITIES AND INFORMATION. IF ANY DISCREPENCIES ARE FOUND, CONTACT ARCHITECT IMMEDIATELY.

2. FURNITURE DEPICTED ON PLAN FOR REPRESENTATION ONLY AND ARE NOT THE ACTUAL FURNITURE BEING SPECIFIED, SEE SPECIFICATIONS FOR ACCURATE INFORMATION.

3. SHADED FURNITURE IS N.I.C. (NOT IN CONTRACT).

GENERAL NOTES

14

19

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DESIGNED DRAWN CHECKED

SIGNATURE:

PRINTED NAME:

LICENSE NO: DATE:

FIL

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AT

H:

218.724.8578Duluth, MN 5580211 East Superior Street, Suite 420

tkda.com

NORTH

ALL CONTRACTORS AND SUBCONTRACTORS SHALL VERIFY ALL DIMENSIONS BY MEASUREMENT

AT THE BUILDING AND/OR SITE

10

BAR IS ONE INCH ON ORIGINAL DRAWING. IF NOT ONE INCH ON THIS DRAWING ADJUST SCALES ACCORDINGLY.

KEYPLAN

FURNITURE PACKAGE6.18.2020

AREAS OF WORK

(SHADED)

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FURNITURE PLAN

PINE TECHNICAL &COMMUNITY COLLEGE

PTCCREGIONAL

WORKFORCETRAINING

MODERNIZATIONAND

EXPANSIONPROJECT

PINE CITY, MN 55063

900 FOURTH STR. SE

17533.000

WDSWDS/MG

1/8" = 1'-0"FN001

1 FURNITURE PLAN - SUITE 10/30/40, & CORRIDOR 01B

1/8" = 1'-0"FN001

2 FURNITURE PLAN - STUDENT LOUNGE

EDA AWARD #: 06-01-06129

NO. DATE ISSUE RECORD

ATTACHMENT F

Line / Code Quantity Item Company / Line Description Image*

01 9.00 Sit-Stand Surface Steelcase / Migration HPL surface with Wire Management

02 7.00 Desk Return Steelcase / AnswerFreestanding HPL surface(s), powder-coated metal legs, overall dimensions

72"Wx24"D

03 36.00Chair: Guest,

Conference, & Student Use

Turnstone / Shortcut Green Plastic Shell & 5-Star Base

04 9.00 Storage Tower Steelcase / TS SeriesTower Too: Metal 24"Wx24"Dx66"H, FF, Wardrobe with shelf with Rod,

locking.

05 8.00 Storage - BBF Pedestal Steelcase / TS SeriesMobile w/ Steel Top: Painted steel,

locking

06 2.00Storage - Cab. w/Doors, 65"H

Steelcase / Universal Steel Wardrobe

Cabinet

Powder coated steel, adjustable shelves, locking 36"Wx24"D

07 9.00Reception Waiting

ChairWest Elm / Sterling

Upholstered in Leather-like vinyl, wood legs, Armless

Basis of Design Furniture Package

Pine Technical & Community College*Images below are for reference, actual finishes, colors, appearances found in the description; final finish selections to be by owner during procurement.

Office Suites & University Center

ATTACHMENT G


08 3.00 Side Table West Elm / Stump Solid wood, approx. 12"-15" dia. X 19"H

09 1.00 Conference Table Steelcase / GroupworkLaminate Rectangle top w/ Disc Base,

66"Wx48"D, no power

10 4.00 Student Use Surfaces Steelcase / AnswerFreestanding HPL surface(s), powder-coated metal legs, overall dimensions

48"Wx24"D

11 1.00 Univ. Center table Steelcase / VerbLaminate, rectangular top, Price Group

2 paint, 30"Dx60"W - Flip-Nest

12 1.00 President's Furniture Steelcase / Payback Laminate, Allowance: $7,500

13 2.00President's Guest

ChairsSteelcase / Payback Wood w/upholstered seat

14 1.00Reception Desk w/

Transaction CounterN/A

Panels, laminate surfaces, storage, 42"H & 34"H ADA height transaction

counters, - Allowance: $7,500

Items 15-19 - NOT USED



20 12.00Dining Table - 4 Person

Square Jasper / Nosh Nosh - 36"x36", Wood Top, metal base

21 2.00Café Height Table - 4

Person Round Jasper / Nosh

Nosh - 36" Diameter, Wood Top, round base

22 14.00Dining Table - 2 Person

Square Jasper / Nosh Nosh - 30"x30", Wood Top, metal base

23 2.00Café Height Waterfall

Table Jasper / Reef

72"Wx30"Dx42"H Laminate w/ 2 Power Recepticals

24 71.00 Dining Chair Jasper / Americana Wood chair, standard height

25 20.00 Café Height Stool

w/Back Jasper / Americana Wood chair, for 42" height table

26 6.00 Stool Jasper / Parker Upholstered Wood

Lounge Seating


27 8.00 Seating - Booth ERG International /

Raven Vinyl Uposltery - 2 different colors, no

power

28 4.00 Table - Boothing Jasper / NoshNosh - 30"x60", Laminate Top, metal

base

29 2.00 Sofa - Lounge National / Collette Leather or Leather-like upholstery (Florence), wood feet, no power

30 11.00 Chair - Lounge National / Collette Leather or Leather-like upholstery (Florence), wood feet, no power

31 4.00 Table - Side West Elm / Stump Solid wood, approx. 12"-15" dia. X 19"H

32 4.00 Table / Ottoman -

Lounge JSI / Connect

Upholstered w/Wood Top, 30" Square, no power

Pine Technical & Community College TKDA Project No.17533.000 PTCC Regional Workforce Modernization Expansion Project – Furniture Package Page 1

ATTACHMENT H

PROCUREMENT SUBSTITUTION PROCEDURES

1.01 DEFINITIONS

A. Procurement Substitution Requests: Requests for changes in products, materials, equipment, and methods of construction from those indicated in the Procurement and Contracting Documents, submitted prior to receipt of proposals.

1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms.

2. Substitutions for Convenience: Not allowed prior to Contract Award.

1.02 QUALITY ASSURANCE

A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers.

1.03 PROCUREMENT SUBSTITUTIONS

A. Procurement Substitutions, General: By submitting a proposal, the Respondent represents that its proposal is based on materials and equipment described in the Procurement and Contracting Documents, including Addenda. Respondents are encouraged to request approval of qualifying substitute materials and equipment when the Specifications Sections list materials and equipment by product or manufacturer name.

B. Procurement Substitution Requests will be received and considered by Architect when the following conditions are satisfied, as determined by Architect; otherwise requests will be returned without action:

1. Extensive revisions to the Contract Documents are not required. 2. Proposed changes are in keeping with the general intent of the Contract Documents,

including the level of quality of the Work represented by the requirements therein. 3. The request is fully documented and properly submitted.

1.04 SUBMITTALS

A. Procurement Substitution Request: Submit to Interior Designer. Procurement Substitution Request must be made in writing in compliance with the following requirements:

1. Requests for substitution of materials and equipment will be considered if received no later than 7 days prior to date of proposal opening.

2. Submittal Format: Submit one (1) copy of each written Procurement Substitution Request, using facsimile of form provided at the end of this Section. a. Provide certification by manufacturer that the substitute proposed is equal to or

superior to that required by the Procurement and Contracting Documents, and that its in-place performance will be equal to or superior to the product or equipment specified in the application indicated.

b. Contractor, in submitting the Procurement Substitution Request, waives the right to additional payment or an extension of Contract Time because of the failure of the substitute to perform as represented in the Procurement Substitution Request.

B. Architect Action:


1. Architect may request additional information or documentation necessary for evaluation of the Procurement Substitution Request. Architect will notify all respondents of acceptance of the proposed substitute by means of an Addendum to the Contract Documents.

C. Architect approval of a substitute during bidding does not relieve Contractor of the responsibility to submit required shop drawings and to comply with all other requirements of the Contract Documents.

1.05 PROCUREMENT SUBSTITUTION REQUEST FORM

A. Submittal Format: Use facsimile of the following approved form.


PROCUREMENT SUBSTITUTION REQUEST FORM

PTCC Regional Workforce Modernization & Expansion Project – FF&E Package

Pine Technical & Community College

DATE: ____________________________

TO: Michelle Gallagher, CID Email: [email protected]

SPECIFICATION NO. PARAGRAPH NO.

SPECIFIED PRODUCT:

PROPOSED SUBSTITUTION:

REASON FOR SUBSTITUTION:

ATTACH COMPLETE TECHNICAL DATA, LITERATURE AND SAMPLE IF APPLICABLE

A. Does proposed substitution fail to satisfy, in any respect characteristics specified for original product(s)? ___Y ___N

B. Does substitution affect dimensions shown on Drawings? ___Y ___N

C. Does substitution affect other trades? ___Y ___N

D. Does warranty differ from that specified? ___Y ___N

E. Does substitution affect cost to Owner? ___Y ___N

If so, how much? Add $_____________ Deduct $________________

F. If you indicated “Yes” to any of the items above, attach thorough explanation on your Company letterhead as follows:

1. Explain any differences between proposed substitution and specified product. 2. Summarize experience with product and manufacturer in Project area.

The undersigned states that the function, appearance and quality of the proposed substitution is equivalent or superior to the specified item, unless noted otherwise, and that all information above and attached is true and correct.

Submitted by:

Position:

Company:

Address:

City, State, Zip:

Telephone:

Date:

Signature:


For use by Architect:

Accepted:

Accepted as Noted:

Not Accepted:

Received Too Late:

By:

Date:

Remarks:

Included in Addendum: Yes_____ No_____

Addendum No.:________________

END OF DOCUMENT