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					    UNIVERSITY OF MINNESOTA

             Energy Management

                 Request for Bids

                           for

15kV Cable and 600V Ground Wire for Light Rail

         U of MN Project Number: 10303-2012-0106




                     January 17, 2012
BIDDING INSTRUCTIONS
1. Notes to Vendors: This bid is funded through a contract with the Metropolitan Council (“Council”) and the
Federal Transit Administration (“FTA”). Certain additional information, above and beyond standard University
of Minnesota terms and conditions, is requested in this Bid in order to meet Council and FTA requirements.

Quote new equipment only. Payment Terms are Net 30. The University reserves the right to award in whole
or in part. The University reserves the right not to award to unauthorized distributors or resellers.

2. Bid Questions; All questions regarding this RFB should be directed to Chip Foster. Bidders may be
disqualified if any unsolicited contact related to this RFB is made with an employee or representative of the
University other than the above. Questions must be in writing and received by Chip Foster, Tuesday,
January 24, 2012 at NOON. Questions will be answered, if necessary, in an addendum that will be issued to all
RFB recipients.

3. Approved equals: If you wish to request an “approved equal” to the product named in this bid, you must
submit a written request for an “approved equal” (along with sufficient product information and specifications
that will enable the University to determine if the product is an equal product). This request must be received
by Chip Foster. The request will be reviewed and a determination made as time permits in the University’s sole
discretion.

4. Addenda: Addenda will be distributed to all known recipients of the RFB document at the address provided
by the recipient.

5. Confidentiality: All bids are considered non-confidential and non-proprietary. The names of bidders and the
dollar amount of the bids are public once the bids are opened. If any part of your bid is marked confidential or
proprietary, it may be rejected by the University in the exercise of its sole discretion unless you do the
following. If submitting information in response to this RFB that you believe to be trade secret materials, as
defined by the Minnesota Government Data Practices Act, Minnesota Statute, Section 13.37 (MGDPA), you
must submit a separate written statement along with your bid indicating the legal basis for regarding each such
piece of information as a trade secret under the MGDPA. You agree to release the University from any liability
resulting from University's disclosure of such information.

6. Bid Guaranty Period. Bidder agrees to hold this bid open for a period of 48 hours after the bid opening. If
the bid is accepted within that period, bidder agrees to execute a purchase order that includes the Terms and
Conditions attached as Attachment A and the CCLRT Addendum attached as Attachment G.

7. Evaluation of Bids.

        a. It is the intent of the University to accept the Bid of, and award a contract to, the responsive, responsible bidder
           submitting the lowest bid, provided the bidder's bid has been submitted substantially in accordance with
           these bidding instructions, is judged to be reasonable in the sole discretion of the University, does not exceed
           the funds available for the project, and has been submitted by a bidder that is, together with the bidder’s
           proposed subcontractors, capable of fulfilling the purchase order in an acceptable manner in the sole discretion
           of the University.

        b. The University reserves the right, in its sole discretion, to reject any and all bids, accept any bid, waive informalities
           in bids submitted, and waive minor discrepancies between a bid and these bidding instructions, as it deems to be
            in its best interest. Any waiver of the University with respect to the requirements of these bidding instructions
            shall apply only to the particular instance for which it was made or given, and no such waiver shall constitute a
            permanent or future waiver of such requirements.

        c. Any bidder may be required, as a condition to award of the contract to the bidder, to furnish evidence that the
           bidder and its proposed subcontractors have sufficient experience to ensure fulfillment of the purchase order in a
           satisfactory manner, have successfully completed projects similar in scope and type to the project for which the
           bidder has bid, and other additional information as requested by University in order to evaluate the
           responsibility of the bidder. Such information shall be submitted within 3 business days of receipt of the
           University’s request. Failure of the bidder to provide requested information may result in the bid being
           rejected.

        d. The University expects bidders to accept its terms and conditions, attached as Attachment A. If you cannot
           accept a specific provision, you must expressly state that in your bid submittal and propose alternative
           language. Failure to accept the University’s terms and conditions without change may result in the University
           determining to no longer consider your bid. No requests for changes will be considered after your bid is
           submitted.

8. Vendor Appeals: Bidders who wish to file a protest regarding the Request for Bid process shall conform in
all respects to the University of Minnesota’s Vendor Appeal Process (See Attachment I: University of
Minnesota Vendor Appeal Process.)

9. Incorporation of Affirmative Action Requirements: The University of Minnesota complies with Equal
Opportunity and Affirmative Action Policies for vendors and contractors.

To ensure compliance with this statue, bidders must submit with their bid EITHER:

        a.       A copy of the bidder’s currently effective affirmative action Certificate of Compliance issued
        by the Minnesota Department of Human Rights; OR
        b.      An Affirmative Action Certification Statement (see Attachment B: Affirmative Action
        Certification Statement) with information which indicates that the bidder’s bid can be accepted.

Failure to submit one of these documents along with the bid may result in the bid being rejected and deemed
non-responsive. It is the sole responsibility of a bidder to apply for and obtain a human rights certificate prior to
award and purchase order issuance.

10. Subcontracting (FTA Funding): Bidders may subcontract for functions to fulfill the obligations of their
bid. All bidders MUST complete and include the attached Subcontractor Information Form (Attachment C) with
their bid, even if no subcontractors are proposed to be used on this project. Bidders must indicate on the form
either:

        1) That no subcontractors will be used on this project; or
                2) The name, address, and telephone number of a) each subcontractor proposed to be used on
        the project      AND b) each subcontractor who submitted a bid or quote for the project but was not
        selected by the bidder.

Bidders must also complete and execute the certification on page two of the form.
11. Certification of Non-Debarment (FTA Funding): The provisions of this section apply only if the amount
of the bid exceeds $25,000. Bidders must sign and submit with their bids, the Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion (Attachment D.)

12. Lobbying Restriction Certification (FTA Funding): The provisions of this section apply only if the
amount of the bid is equal to, or exceeds $100,000. The bidder must comply with the Byrd Anti-Lobbying
Amendment, 31 U.S.C. 1352(b)(5), and 49 CFR part 20, which provide restrictions on lobbying with federally-
appropriated funds and impose disclosure requirements for lobbying with non-federal funds. The Lobbying
Restriction Certification (Attachment E) must be completed and submitted with bids equal to or exceeding
$100,000. Upon award of any subcontracts or supply contracts equal to or exceeding $100,000 under the
contract, the successful bidder will be required to obtain the same certification from its subcontractors and
suppliers and forward the certification and any disclosures to the University.

13. Buy America Certification (FTA Funding): The provisions of this section apply only if the amount of the
bid exceeds $100,000. The successful bidder will be required to comply with 49 U.S.C. Section 523(j), and 49
C.F.R., Part 661, which provide that federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by the
FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R., Section 661.7. All
bidders must complete and submit the Buy America Certification (Attachment F) with their bid, except those
subject to a general waiver. Bids not accompanied by a completed Buy America Certification will be rejected as
non-responsive.

14. Disadvantaged Business Enterprise Requirements (FTA Funding).

        a. General Requirement. The Disadvantaged Business Enterprise (DBE) requirements of the
           Transportation Equity Act for the 21st Century (TEA-21) and 49 CFR part 26 apply to the purchase
           order for this project. The University has established a goal of 15% DBE participation for this
           contract. Bidders are advised that award of this contract is conditioned on meeting the requirements
           of 49 CFR section 26.53, requiring bidders to make good faith efforts to meet the contract goal.
           Bidders are required to demonstrate good faith efforts to meet the goal by either:
            1) documenting the participation of specific DBEs to meet the goal, or
            2) documenting adequate good faith efforts to meet the goal, even if the efforts were not successful
               in obtaining sufficient DBE participation to meet the goal.
        b. Bid Submittal Requirements. All bids MUST include a properly completed Disadvantaged
           Business Enterprise Information and Certifications form (see Attachment H). Any questions
           regarding the DBE requirements should be directed to the University DBE Liaison Officer, Mr. D.
           Craig Taylor, Director, Business & Community Economic Development, University of Minnesota,
           2221 University Office Plaza, Suite 136, Minneapolis, MN 55414; Phone (612) 624-0530; Fax
           (612) 625-9056.

15. Other FTA Requirements: This procurement is funded by the Federal Transit Administration. The
University is party to a Master Funding Agreement with the Council dated July 28, 2010 (“MFA”). The MFA
allows for pass-through by Council of federal funds to University associated with the design and construction of
the Central Corridor Light Rail Transit project (“CCLRT”). To preserve the University’s eligibility for federal
funding, the successful bidder will be required to comply with the provisions set forth in the CCLRT Addendum
included as Attachment G. These provisions are non-negotiable.
                                              Attachments to Bid:

Items listed in this section must accompany your bid. If any required item is omitted, the bid may be rejected as
non-responsive.

       Attachment B: If the amount of the bid is greater than $100,000, either: 1) a currently-effective
        Affirmative Action Certificate of Compliance, or 2) Affirmative Action Certification Statement.
       Attachment C: Subcontractor Information Form
       Attachment D: If the amount of the bid exceeds $25,000, a Certification Regarding Debarment,
        Suspension, Ineligibility and Voluntary Exclusion.
       Attachment E: If the amount of the bid is equal to, or exceeds $100,000, a Lobbying Restriction
        Certification.
       Attachment F: If the amount of the bid exceeds $100,000, a Buy America Certification.
       Attachment H: DBE Information and Certifications Form.
       Attachment J: Bid Specification/Form



                                    END OF BIDDING INSTRUCTIONS
Attachment A: General Terms and Conditions
                              Regents of the University of Minnesota (University)
                                 General Terms and Conditions of Purchase

1. Seller’s Acceptance of Terms, Choice of Law, Forum Selection and Amendment. These terms and
conditions, terms and conditions on the face of this Purchase Order, and plans, specifications or other documents
attached or incorporated by reference on the face of this Purchase Order are University’s offer to Seller and shall
constitute the entire agreement between University and Seller. University hereby objects to and rejects any
different or additional terms (including any general terms Seller may have included in any document attached to
or incorporated on the face of this Purchase Order) suggested before or after issuance of this Purchase Order.
Any performance hereunder will be deemed an acceptance of these terms and conditions. Handwritten changes
on this document shall be ignored and have no legal effect unless initialed by both parties. This Purchase Order
shall be construed under Minnesota law (without regard for choice of law considerations) and the policies and
procedures of the University, as amended from time to time. Any action arising out of this Purchase Order shall
be heard by a state court in Minnesota. For this purpose, Seller specifically consents to jurisdiction in
Minnesota. No amendments to this Purchase Order shall be effective unless in writing and signed by both
parties. If this Purchase Order was made pursuant to a Request for Proposal (“RFP”) or Request for Bid
(“RFB”), the following order of precedence shall apply: (1) this Purchase Order and its Exhibits, (2)
University’s RFP or RFB, and (3) Seller’s Response to University’s RFP or RFB. As used herein, “Seller”
includes Seller’s employees, officers, directors, agents, and sub-contractors. “University” includes University’s
employees, officers, directors, regents, students, agents, and contractors.
2. Warranty. Seller represents that all goods and services provided under this Purchase Order (i) are new and
unused (unless otherwise specified or agreed to in writing by University) and free from defects in material and
workmanship; (ii) are of the quality, size and dimensions ordered; (iii) comply with all warranties and
representations expressed by Seller in any advertisement, correspondence, response to University RFP or RFB,
or other document provided to University; (iv) comply with all applicable laws, codes and regulations (including
any published by any national or statewide association or groups); and (v) are not restricted in any way by
patents, copyrights, trade secrets, or any other rights of third parties,. If any warranty is breached, Seller will
correct such breach at Seller’s sole expense, pay all direct damages suffered by University, and defend and
indemnify University, from any claim asserted by any person resulting in whole or in part from such breach. No
warranty shall be waived by acceptance of goods or services or payment.
3. Inspections and Improper Delivery. University shall have a reasonable time (but not less than thirty [30]
days) after receipt to inspect and test any goods or services provided under this Purchase Order and reject any or
all items that are nonconforming or defective. Goods or services rejected or supplies in excess of quantities
ordered may be returned to Seller at Seller’s expense. University reserves the right to refuse any goods or
services and to cancel all or any part of this Purchase Order if Seller fails to deliver all or any part of the goods
or services in accordance with these terms and conditions. Failure by University to inspect and test the goods or
services shall not relieve Seller of such responsibility. Any acceptance by University shall not be deemed a
waiver or settlement of any defect or nonconformity in such goods or services.
4. Assignment. Neither party may assign any rights or obligations of this Purchase Order without prior written
consent of the other. In the event of any assignment, Seller shall remain responsible for its performance and that
of any assignee under this Purchase Order. This Purchase Order shall be binding upon Seller, and its successors
and assigns, if any. Any assignment attempted to be made in violation of this Purchase Order shall be void.
Notwithstanding any notice of assignment, University’s tender of payment to the Seller, or to any person
reasonably believed to be entitled to payment, shall satisfy University’s obligation to pay, and in no event shall
University be obligated to pay twice or be liable for any damages due to failure to pay the correct party.
5. Taxes. University is exempt from paying Minnesota sales and use taxes. Except as provided in Minnesota
Statute, Section 297A.70, Subd. 2, Seller shall not charge University for such taxes.
6. Risk of Loss. Risk of loss of any goods provided under this Purchase Order shall pass to University upon
University’s actual receipt and acceptance. Seller assumes full responsibility for packing, crating, marking,
transporting and liability for loss or damage in transit, notwithstanding any agreement in this Purchase Order by
University to pay freight, express, or other transportation charges.
7. Use of University Name or Logo. Seller will not use the name, logo, or any other marks (including, but not
limited to, colors and music) owned by or associated with University or the name of any representative of
University without the written permission of University’s Office of General Counsel and Office of Institutional
Relations in each instance.
8. Terms of Payment. University will make payment within thirty (30) days receipt of an invoice for goods
delivered or services rendered pursuant to this Purchase Order. University may withhold payment in whole or in
part for goods or services found by University to be defective, untimely, unsatisfactory, or otherwise not
conforming to this Purchase Order.
9. Termination. University may terminate this Purchase Order in whole or in part for its sole Convenience.
Upon notice of such termination, Seller shall immediately stop all work including shipment of goods under this
Purchase Order and cause its suppliers and/or subcontractors to cease their work for this Purchase Order. Sellers
shall be paid a reasonable termination charge calculated on a pro rata or other equitable basis determined by
University for services or goods satisfactorily performed or provided. In no event shall Seller be paid for work
performed or costs incurred after receipt of notice of termination, or for costs incurred by suppliers or
subcontractors which reasonably could have been avoided. University may terminate this Purchase Order in
whole or in part for Cause upon seven (7) days written notice if Seller fails to comply with any material term or
condition of this Purchase Order. Late delivery of goods or services or delivery of goods or services that are
defective or do not conform to this Purchase Order shall, without limitation, be causes for termination. In the
event of termination for cause, University will not be liable for damages. Seller shall pay University for all
losses, damages; and expenses, including, without limitation, excess cost of reprocuring similar goods or
services; shipping charges for items University may at its option return to Seller, including items already
delivered, but for which University no longer has any use because of Seller’s default; and amounts paid by
University for any items University has received but returns to Seller. If a determination is made that University
improperly terminated this Purchase Order for Cause, then such termination shall be deemed to have been for
University's Convenience.
10. Independent Contractor. EACH PARTY SHALL PERFORM ITS DUTIES HEREUNDER AS AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OR AGENT OF THE OTHER. NO
EMPLOYEE OR AGENT OF ONE PARTY SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR
EMPLOYEE OF THE OTHER. EACH PARTY SHALL PAY WHEN DUE ALL REQUIRED
EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING ALL FEDERAL AND
STATE INCOME TAX ON ANY MONIES PAID PURSUANT TO THIS PURCHASE ORDER. EACH
PARTY ACKNOWLEDGES THAT IT AND ITS EMPLOYEES ARE NOT ENTITLED TO TAX
WITHHOLDING, WORKER’S COMPENSATION, UNEMPLOYMENT COMPENSATION, OR ANY
EMPLOYEE BENEFITS, STATUTORY OR OTHERWISE FROM THE OTHER. NEITHER PARTY MAY
BIND THE OTHER IN ANY WAY EXCEPT AS EXPRESSLY SET FORTH HEREIN. EACH PARTY
SHALL BE SOLELY RESPONSIBLE FOR ITS ACTS AND OMISSIONS.
11. Non-Waiver. No waiver by any party of any default or nonperformance shall be deemed a waiver of any
subsequent default or nonperformance.
12. Audit and Retention of Books and Records. University shall have the right to inspect and copy such
books, records, and documents in any medium and all accounting procedures and practices of Seller, its agents,
and subcontractors to verify Seller’s performance and all expenses submitted pursuant to the terms of this
Purchase Order. Seller shall make such items available for inspection during normal business hours at Seller’s
      place of business. All such items shall be retained by Seller during the term of this Purchase Order and for a
      period of three (3) years after the delivery of the goods and/or services. Any items relating to a claim arising out
      of the performance of this Purchase Order shall be retained by Seller, its agents and subcontractors, if any, until
      the claim has been resolved.
      13. Limitation on University Liability. IN NO EVENT SHALL UNIVERSITY BE LIABLE FOR ANY
      INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR LIKE EXPECTANCY DAMAGES
      ARISING OUT OF THIS PURCHASE ORDER EVEN IF ADVISED OF THE POSSIBILITY OF SUCH.
      University’s total obligation under this Purchase Order is set forth in the “total amount” field on the face of this
      Purchase Order.
      14. Changes. University may at any time by a written notice change the drawings, designs, specifications,
      materials, packaging, and the time and place of delivery and/or completion of the goods and services to be
      provided under this Purchase Order. Promptly upon receipt of the details of any such change, Seller shall either
      advise that the change will not affect its costs, or furnish: (i) a breakdown of estimated cost and changes in the
      compensation attributable thereto, and (ii) a statement of any necessary changes in the time of completion.
      Seller’s failure to advise University in writing within ten (10) days of the effect of any change shall constitute
      Seller’s consent to conform to the change without increase in the amount to be paid by University or the time of
      completion.
15.   15. Confidentiality. Seller will keep confidential and safeguard the security of any information it receives
      during the course of its performance, relating to personal, financial, or other non-public data of University, and
      will comply with all state and federal laws relating to data privacy and security, including, without limitation,
      the Minnesota Government Data Practices Act, Minnesota Statute, Chapter 13; the Gramm-Leach-Bliley Act
      and § 314.4(d) of the FTC Safeguard Rule, 16 C.F.R. §314 (the “FTC Rule”), for all “'customer information,” as
      that term is defined in §314.2(b) of the FTC Rule; the Health Insurance Portability and Accountability Act
      (HIPAA); Family Educational Rights and Privacy Act (FERPA); and the Payment Card Industry Security
      Standards Council requirements for all of its Network Components, Applications, and Servers. Seller shall also
      require each of its subcontractors providing goods or services hereunder to maintain such data security. Seller
      shall assist and cooperate in University’s efforts to ensure and confirm Seller’s compliance with the terms of this
      section, including, without limitation, (i) permitting University or its representatives to inspect on Seller’s
      premises Seller’s business records, procedures, rules and practices pertinent to the aforementioned “safeguards”;
      (ii) making available to University or its representatives employees or representatives of Seller who have
      authority to maintain or are knowledgeable of such “safeguard”; and (iii) respond in a timely manner and fully
      to the PCI DSS Annual Self Assessment Questionnaire or any other documentation demonstrating compliance
      sent to it by University. Seller shall promptly notify University, in writing, of each instance of (i) unauthorized
      access or attempted unauthorized access to or use of protected information that could result in substantial harm
      or inconvenience to the owner of the information or University or (ii) unauthorized disclosure, misuse,
      alteration, destruction or other compromise of the protected information. Within thirty (30) days of the
      termination or expiration of this Purchase Order, Seller shall destroy and shall cause each of its agents to destroy
      all records, electronic or otherwise, in its or its agent’s possession that contain such protected information and
      shall deliver to University a written certification of the destruction. Seller shall indemnify and defend and hold
      University harmless from any and all claims, demands, suits, actions, liabilities and expenses (including
      reasonable attorneys’ and investigative fees) arising out of an act or omission by Seller or its agents and
      contractors that results in (i) a person having access to or use of customer information in violation of law or this
      Purchase Order; or (ii) the misuse, alteration, destruction or material alteration of protected information in
      violation of law or this Purchase Order. Seller shall reimburse University for its direct damages (e.g., costs to
      reconstruct lost or altered information) arising out of an act or omission by Seller or its agents and contractors
      that results in (i) a person having access to or use of customer information in violation of law or this Purchase
      Order; or (ii) the misuse, alteration, destruction or material alteration of customer information in violation of law
      or this Purchase Order.
16. Insurance. Unless more specific insurance provisions are attached, the following shall apply. At all times
during its performance under this Purchase Order, Seller shall obtain and keep in force i) Commercial General
Liability insurance, including coverage for bodily injury and property damage, products and completed
operations, liability assumed under an insured contract, pollution liability (if requested by University), with
limits of not less than $1,000,000 each occurrence and $2,000,000 annual aggregate. Such insurance will be
primary, non-contributory, and include a waiver of subrogation; ii) Automobile Liability with limits not less
than $1,000,000 each occurrence CSL; iii) Workers Compensation to the extent required by law; including
Employers Liability with limits not less than $500,000 each accident, $500,000 each employee/disease,
$500,000 policy limit/disease; iv) Professional Liability/Errors & Omissions, if applicable, with limits not less
than $1,000,000 each claim/annual aggregate. Prior to the commencement of work, Seller shall provide a
certificate of insurance evidencing such insurance, shall name the Regents of the University of Minnesota as an
additional insured, and shall provide for notification to University within at least thirty (30) days prior to
expiration or cancellation of such insurance.
17. Indemnification. Seller agrees to release, defend, indemnify and hold harmless University, from all
liability, injuries, claims, damages or loss, including costs, expenses and attorneys’ fees, arising from or relating
to, (i) Seller’s negligent acts and omissions, (ii) Seller’s breach of any of its obligations under this Purchase
Order, and (iii) the presence of any Hazardous Substance supplied by or introduced onto University property by
Seller, knowingly or unknowingly. The foregoing shall not apply to the extent such liability, injuries, claims,
damages, or loss was caused by the intentional, willful, or wanton acts of University.
18. Environmental Compliance. “Hazardous Substance” means any substance regulated by any federal, state,
local or other governmental statute, regulation, law or ordinance for protection of human health, natural
resources and/or the environment now or hereafter in effect, and as amended, including without limitation the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), the
Superfund Amendments and Reauthorization Act of 1986 (“SARA”), the Resource Conservation and Recovery
Act (“RCRA”), the Toxic Substances Control Act (“TSCA”), the Minnesota Environmental Response and
Liability Act (“MERLA”), and Minn. Statute, Section 116.70-.74 regarding chlorofluorocarbon. Seller shall
comply with all Environmental Laws. Seller shall notify University in writing at the “Ship To” address on the
face of this Purchase Order of every article ordered or supplied under this Purchase Order or stored or used by
Seller on University property that contains Hazardous Substances or substances for which the law requires a
Material Safety Data Sheet. Such notification shall be given prior to the shipment or introduction of such
substances onto University Property and shall include, at a minimum, information regarding the substance
including but not limited to, Material Safety Data Sheets. University shall at all times have the right to inspect
any Hazardous Substances introduced onto or intended to be introduced onto University property by Seller. In
addition, if this Purchase Order is in excess of $100,000, Seller shall comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (“EPA”).
19. Copeland “Anti-Kickback” Act. If this Purchase Order is for goods or services for building construction
or repair in the amount of $2,000 or more, Seller agrees to comply with the Copeland “Anti-Kickback” Act (18
U.S.C. 874 and 40 U.S.C. 276(c)) as supplemented by Department of Labor regulations (29 CFR part 3,
“Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”), and Seller shall not induce, by any means, any person to give up any part of the
compensation to which such person is otherwise entitled. The Act imposes criminal penalties and provides for
civil penalties of twice the amount of the kickback for each violation and up to $10,000 for each occurrence. By
accepting this Purchase Order, Seller (i) certifies that it has not paid kickbacks directly or indirectly to
University for the purpose of obtaining this or any other University Purchase Order, and (ii) agrees to cooperate
fully with any investigation involving a possible violation of the Act; and (iii) agrees to report any suspected
violations of the Act to University’s Director of Audits. Seller also certifies that it has provided no fees, gifts,
gratuities, compensation, or anything of value in violation of Minnesota Statute, Section 15.43.
20. Davis-Bacon Act. If this Purchase Order is for goods or services for building construction or repair in the
amount of $2,000 or more, Seller agrees to comply with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as
supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to
Contracts Governing Federally Financed and Assisted Construction”), and pay wages to laborers and
mechanics at a rate not less than the minimum wages specified in wage determinations made by the Secretary of
Labor and that such wages be paid not less than once a week.
21. Contract Work Hours and Safety Standards Act. If this Purchase Order is for goods or services for
building construction or repair in the amount of at least two thousand five hundred dollars ($2,500) if only one
trade or occupation is required to complete the Work, or the contract sum is at least twenty-five thousand dollars
($25,000) if more than one trade or occupation is required to complete the Work, Seller agrees to comply with
the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of
Labor regulations (29 CFR part 5), and compute the wages of every mechanic and laborer on the basis of a
standard work week of forty (40) hours; that work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one-and-one-half (1-1/2) times the basic rate of pay for
all hours worked in excess of forty (40) hours in the work week; and that no laborer or mechanic shall be
required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
22. Prevailing Wage Rates on Project Work Site. If this Purchase Order is for goods or services for building
construction or repair in the amount of at least two thousand dollars ($2,500) if only one trade or occupation is
required to complete the Work, or at least twenty-five thousand dollars ($25,000) if more than one trade or
occupation is required to complete the Work, then, in accordance with Regents policy, Seller, subcontractors at
all tiers, agents, and other persons doing or contracting to do all or a part of the Work (hereinafter “Firms”) shall
pay laborers, workers and mechanics performing work directly on a Project work site at least the Prevailing
Wage Rate applicable to their respective class of labor in the county in which the Project is located. Firms shall
pay laborers, workers and mechanics performing work directly on a Project work site at least one and one-half
(1 ½) times the hourly basic rate of pay for all hours worked in excess of the Prevailing Hours of Labor
applicable to their respective class of labor in the county in which the Project is located. Seller is responsible for
compliance by all Firms. “Prevailing Wage Rate” means the hourly basic rate of pay determined by the
Minnesota Department of Labor and Industry (“Department”) published annually as the Department’s Wage
Rate Determination Schedules plus contributions for health and welfare benefits, vacation benefits, pension
benefits, and any other economic benefits paid to the largest number of workers engaged in the same class of
labor in the county in which the Project is located. “Prevailing Hours of Labor” refers to the number of hours of
labor per day and per week determined to be prevailing for a class of labor by the Department for the county
where the Project is located. Holiday hours, vacation time, and sick leave are not counted in figuring overtime
hours. Seller shall post and maintain a copy of the current Prevailing Wage Rate Schedules and Prevailing Hours
of Labor for all classes of labor at the Project site in a conspicuous place accessible to all employees. At
University’s request, Firms shall furnish to University purchasing representative who issues the “Notice to
Proceed” to the Seller (“Contract Agent”) copies of certified payroll records (U.S. Department of Labor form
WH-347) for all laborers, workers, and mechanics performing the Work at the Project site. The records shall be
submitted to the Contract Agent within seven (7) business days of the date of the request. If the request covers
future pay periods, or is ongoing in nature, the records shall be submitted to the Contract Agent within seven (7)
business days of the last day of each pay period covered by the request. Whenever possible, the records should
be submitted in electronic format, as a .pdf file. University will retain copies of the certified payroll records and
make them available to the Department and Industry at its request. If University becomes aware that Seller or
Firms are not paying Prevailing Wage Rates or paying time and one-half (1 ½) rates for hours exceeding
Prevailing Hours of Labor, it will consider such non-compliance a material breach of contract. Seller may cure
the breach by immediately commencing payment or causing immediate commencement of payment at
Prevailing Wage Rates and/or commencing payment or causing commencement of payment for hours worked in
excess of Prevailing Hours of Work at one and one-half (1 ½) the basic rate, and promptly making restitution to
laborers, workers, and mechanics who have been underpaid. In addition to other damages to which University
may be entitled to on account of breach of contract, Seller shall immediately pay University the total amount of
the underpayment of wages plus five percent (5%). The parties agree that these damages are not a penalty but
are specified so University may reimburse the underpaid employees in connection with taking over and
completing the Project. Seller shall hold University harmless and indemnify University from all loss, cost or
expense arising out of Seller’s or Firms’ failure to pay Prevailing Wage Rates or to pay one and one-half (1 ½)
times the basic rate for hours worked in excess of Prevailing Hours of Labor.
23. Rights of the Federal Government to Inventions Made Under a Contract or Agreement. To the extent
this Purchase Order involves the performance of experimental, developmental, or research work, the rights of
the Federal Government and University to any resulting inventions shall be determined in accordance with 37
CFR part 401, “Rights to Inventions made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the
awarding agency.
24. Byrd Anti-Lobbying Amendment. To the extent this Purchase Order is in excess of $100,000, Seller
certifies that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Seller shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Seller shall insure compliance
with 31 U.S.C. 1352 by all subcontractors utilized by Seller.
25. Affirmative Action, Equal Employment Opportunity, and Targeted Group Business. University is
committed to the policy that all persons shall have equal access to its programs, facilities, and employment
without regard to race, color, creed, religion, sex, age, marital status, disability, public assistance status, veteran
status, or sexual orientation and is committed to transacting business only with firms who follow these practices.
Seller must apply every good faith effort to ensure implementation of this policy in their practices of
employment, upgrade, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates
of pay or other forms of compensation, and selection for training, including apprenticeship. Seller will maintain
non-segregated facilities for their employees and not allow its employees to perform services at any segregated
facilities under its control. Seller shall also develop and have on file for each of its establishments, written
Affirmative Action Plans, as may be required by the rules and regulations of the Secretary of Labor.
Additionally, this Purchase Order is subject to the requirements of and Seller agrees to comply with (i)
Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending
Executive Order 11246 Relation to Equal Employment Opportunity” and as supplemented by regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor”; (ii) Public Laws 92-540 and 93-508, Executive Order 11701, and the regulations of the Secretary of
Labor (41 CFR Part 60-250) in promoting employment opportunities for disabled and Vietnam veterans; (iii)
Section 503 of the Rehabilitation Act of 1973, Public Laws 93-112 and 93-516, Executive Order 11758 and the
regulations of the Secretary of Labor (41 CFR Part 60-471) in promoting affirmative action in Employment of
the Handicapped; (iv) Public Law 95-507 in promoting the policy that small business concerns owned and
controlled by socially and economically disadvantaged shall have maximum practicable opportunity to
participate in University’s bidding process; and (v) Minnesota Statutes, Chapter 363 in promoting the equal
rights and non-discrimination of persons based on race, color, creed, religion, sex, age, marital status, disability,
public assistance status, veteran status or sexual orientation. University’s Targeted Group Business Policy and
Affirmative Action Policy are incorporated into this Purchase Order by reference and Seller agrees to comply
with such policies. If applicable, Seller certifies that it has received a certificate of compliance from the
Minnesota Commissioner of Human Rights for its affirmative action plan. By accepting this Purchase Order,
Seller certifies that it complies with all applicable federal and state laws as well as University policies related to
non-discrimination, equal employment opportunity, and affirmative action.
26. Debarment and Suspension. Seller represents that it is not currently debarred or suspended or listed on the
General Services Administration’s List of Parties Excluded from Federal Procurement or Nonprocurement
Programs in accordance with Executive Orders 12549 and 12689, “Department and Suspension”. Seller shall
notify University if it becomes debarred or suspended during the term of this Purchase Order. University may
immediately terminate this Purchase Order in the event of such termination or suspension and Seller shall be
responsible for any costs incurred by University in connection therewith.
27. Compliance with Laws. Seller certifies that all goods or services furnished under this Purchase Order shall
comply with all applicable federal, state, and local laws and regulations, regardless of whether such laws and
regulations are specifically set forth in this Purchase Order. If Seller has been notified by University that the
goods or services provided are being procured with federal funds, the federal requirements set forth in Exhibit A
shall be incorporated into this Purchase Order and Seller shall adhere to such additional requirements. If federal
funds are not being used, Seller will not receive Exhibit A.
28. Anti-Trust Violations. Seller recognizes that in actual economic practice, overcharges resulting from
antitrust violations are in fact usually borne by the buyer. Therefore, Seller hereby assigns to University, as the
buyer of goods and services under this Purchase Order, any and all claims for such overcharges as to goods and
services purchased in connection with this Purchase Order.
29. Notices/Administration. Except as otherwise provided in this Purchase Order, all notices, requests and
other communications that a party is required or elects to deliver shall be in writing and shall be delivered
personally, or by facsimile or electronic mail (provided such delivery is confirmed), or by a recognized
overnight courier service or by United States mail, first-class, certified or registered, postage prepaid, return
receipt requested, to the other party at its address set forth on the face of this Purchase Order.
30. Acknowledgement. In accepting this Purchase Order, Seller certifies (1) that the taxpayer I.D. number
provided to University is correct and (2) that it is not subject to backup withholding because (a) it is exempt
from such withholding, (b) it has not been notified by the IRS that it is subject to backup withholding as a failure
to report all interest or dividends, or (c) the IRS has notified it that it is no longer subject to backup withholding.
Seller must cross out and initial item (2) and notify University in writing at Purchasing Services, 1300 South
Second Street, Suite 560, Minneapolis, MN 55454-1082, if Seller has been notified by the IRS that it is currently
subject to backup withholding because of under-reporting interest or dividends on its tax return.
31. University Order Number. Seller agrees to place University Order Number shown in the “Order Nbr.”
field on the face of this Purchase Order on all packages, invoices, packing slips, notices, and correspondence
related to this Purchase Order.
32. FOB Terms. Except as otherwise indicated on the face of this Purchase Order, FOB Terms shall be FOB
Destination/Seller to Pay Shipping and Freight. If the face of this Purchase Order indicates that FOB is Origin,
Seller will insure shipment for its full value, prepay freight and add to invoice.
33. “Most Favored Customer” Provision. If Seller has negotiated terms or conditions for the sale of goods or
services to another customer of Seller which University deems more favorable than those contained herein,
University may request and shall be afforded the opportunity to purchase those goods or services on the same
terms and conditions as Seller has negotiated to provide a third party under reasonably similar circumstances.
34. Cash Discount Period. The cash discount or other similar prompt payment discount period available to
University by Seller shall commence on the later of (i) University’s receipt of all goods and services under this
Purchase Order or (2) University’s receipt of Seller’s invoice.
35. Fund Availability; Federal Funds Contingency. Financial obligations of University, which are payable
after the current fiscal year, are contingent upon funds for that purpose being appropriated, budgeted and
otherwise made available. If this Purchase Order is funded in whole or in part with federal funds, University’s
payment obligations are subject to and contingent upon the continuing availability of federal funds for the
purposes of this Purchase Order.
36. Severability. If any provision of this Purchase Order is invalid or unenforceable, the remainder of the
provisions, or the application of such provision to persons other than those as to which it is held invalid or
unenforceable, shall not be affected and the remainder of the provisions shall be valid and enforceable to the
fullest extent permitted by law.
37. Assurance. If at any time University in good faith determines that it is insecure with respect to Seller’s
ability or intent to fully perform, then Seller will provide University with written assurance fully satisfactory to
University of Seller’s ability and intent to fully perform. Such assurance shall be provided within the time and in
the manner specified by University. Seller immediately shall notify University of any circumstance that may
cause Seller to fail to fully perform. Upon University’s good faith determination that Seller cannot or will not
perform, then University may deem this contract to be breached by Seller and may reprocure from other sources.
38. Bankruptcy. If Seller institutes or has instituted against it a case under the United States Bankruptcy Code,
within fourteen (14) days of receipt of a written request, Seller, its trustee or other successor, shall furnish
University adequate assurance of its ability to perform all material obligations of the Purchase Order. Within
sixty (60) days of the institution of the bankruptcy filing, Seller shall petition to assume or reject this Purchase
Order. Seller shall diligently prosecute said petition. If Seller fails to do so, University shall be entitled to
petition the court to reject this Purchase Order and shall be entitled to all remedies for breach including
damages, right to cure and right to cover.
39. Survivability. All of the terms and conditions of this Purchase Order shall survive the delivery of goods, the
provision of services, and the expiration or termination of this Purchase Order.


                                          END OF ATTACHMENT A
Attachment B: Affirmative Action Certification

                         Affirmative Action Certification Statement

Bidder Company Name: ____________________________________________________________
Reference Project Name:
(NOTE: If the bid amount exceeds $100,000, EITHER this form OR a currently effective
affirmative action Certificate of Compliance for the Bidder, issued by the Minnesota Department
of Human Rights, MUST be submitted with the bid. See section 9 for additional information.)
Instructions: If a bid is in an amount greater than $100,000, the University will not accept the bid
unless the Bidder can affirm either Statement #1 or Statement #2 below. The Bidder must select (by
checking the appropriate box) and certify as true one of the two statements below, if it is able to do so.
In making its certification, the Bidder should carefully bear in mind the post-submittal requirements
noted in connection with each statement. After bid opening the University reserves the right to require
documentation from the Bidder supporting the certification or to otherwise verify the accuracy of the
certification. If neither statement can be affirmed, no bid should be submitted.

                                     CHECK ONLY ONE BOX!
     1. The business executing this certification did have more than 40 full-time employees
        within the State of Minnesota on one or more working days during the 12 months
        previous to the date this form is signed. IN ADDITION, the business either:
          a. has submitted an affirmative action plan for the employment of minority persons,
             women, and qualified disabled individuals to the Commissioner of Human Rights
             for approval; or
          b. has a currently effective Certificate of Compliance from the Commissioner of
             Human Rights indicating that it has an approved affirmative action plan.
        Note: Prior to execution of any agreement arising out of this procurement, the
        Bidder will be required to provide the University with a copy of its currently
        effective Certificate of Compliance.
     2. The business executing this certification did not have more than 40 full-time
         employees within the State of Minnesota on any working day during the 12 months
         previous to the date this form is signed.
        Note: Prior to execution of any agreement arising out of this procurement, the Bidder
        will be required to provide the University with at least one of the following on a form to
        be provided by the University:
          a. a certification that the business has a currently effective Certificate of Compliance
               issued by the Commissioner of Human Rights, along with the copy of that
               document; or
          b.a certification that the business is in compliance with federal affirmative action
               requirements; or
          c. a certification that the business’s primary place of business is not in the United
               States; or
          d. a certification that the business did not have more than 40 full-time employees on
               any working day during the 12 months prior to the date on which it submitted its
               bid, in the state where the business has its primary place of business.




                                           CERTIFICATION
On behalf of the Bidder, I certify that the above response is true as of the date this form is signed. I
have read and understand the requirements related to this certification statement.

Proposer
Name:
By:                                                       Date:
Name:                                                     Title:


                                       END OF ATTACHMENT B
Attachment C: Subcontractor Information

                          Subcontractor Information Form (FTA)

Bidder Company Name: ____________________________________________________________
Reference Project Name:
 (NOTE: This form MUST be submitted with each bid.)
Check ONE of the following:
___ No subcontractors will be used by Bidder on this project.
___ Subcontractors are proposed to be used on this project. The following is 1) a list of
subcontractors proposed to be used on the project AND 2) a list of subcontractors who submitted bids
or quotes to the Bidder for the project but were not selected by the Bidder:

1) SUBCONTRACTORS PROPOSED TO BE USED ON THE PROJECT:
     Firm Name                                  Address                         Telephone Number




2) SUBCONTRACTORS WHO SUBMITTED BIDS OR QUOTES BUT WERE NOT
SELECTED:
 Firm Name                                   Address                             Telephone Number
(Form continued on next page. Use copies of page 1 of this form if space is needed to list additional
subcontract firms and attach such copies to the form.)

                                    END OF ATTACHMENT C
Attachment D: Debarment Certification

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion

Bidder Company Name: _____________________________________________________
Reference Project Name:
 (NOTE: This form MUST be submitted with each bid if the bid amount exceeds $25,000.)
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION:
1. By signing and submitting this bid, the prospective lower tier participant is providing the
   signed certification set out below.
2. The certification referred to in this paragraph is a material representation of fact upon which
   reliance was placed when this transaction was entered into. If it is later determined that the
   prospective lower tier participant knowingly rendered an erroneous certification, in addition to
   other remedies available to the Federal Government, the Council and University may pursue
   available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the Council and
   University if at any time the prospective lower tier participant learns that its certification was
   erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered
   participant,” “persons,” “lower tier covered transaction,” “principal,” “bid,” and “voluntarily
   excluded,” as used in this paragraph, have the meanings set out in the Definitions and Coverage
   sections of rules implementing Executive Order 12549, 49 CFR part 29. You may contact the
   Council for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this bid that, should the proposed
   covered transaction be entered into, it shall not knowingly enter into any lower tier covered
   transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
   from participation in this covered transaction, unless authorized in writing by the Council and
   University.
6. The prospective lower tier participant further agrees by submitting this bid that it will include the
   clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
   Exclusion — Lower Tier Covered Transaction,” without modification, in all lower tier covered
   transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon certification of a prospective participant in a
   lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
   from the covered transaction, unless it knows that the certification is erroneous. A participant may
   decide the method and frequency by which it determines the eligibility of its principles. Each
   participant may, but is not required to, check the Nonprocurement List issued by U.S. General
   Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
   records in order to render in good faith the certification required by this paragraph. The knowledge
   and information of a participant is not required to exceed that which is normally possessed by a
   prudent person in the ordinary course of business dealings.
Except for transactions authorized under subparagraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to all remedies available to the Federal Government, the Council and University may pursue
available remedies including suspension and/or debarment.


                                           CERTIFICATION

The prospective lower tier participant certifies, by submission of this bid, that neither it nor its
“principals” (as defined at 49 CFR section 29.105(p)) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency.
When the prospective lower tier participant is unable to certify to the statements in this certification,
such prospective participant shall attach an explanation to this certification.


 Bidder Name:
          By:                                                   Date:
        Name:
         Title:




                                           CERTIFICATION

On behalf of the Bidder identified below, I certify that the information provided in this form is true and
correct.


 Bidder Name:
          By:                                                   Date:
        Name:
         Title:



                                       END OF ATTACHMENT D
Attachment E: Lobby Restriction

                               Lobbying Restriction Certification

Bidder Company Name: _____________________________________________________________
Reference Project Name:
 (NOTE: This form MUST be submitted with each bid if the bid amount is equal to, or exceeds
$100,000.)
The undersigned Bidder 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 Federally
            funded 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 Federally funded 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 subawards 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 is 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 section 1352, Title 31, U.S. Code. 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. Any person who makes a prohibited expenditure or fails to file or
amend the required certification or disclosure form is subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such expenditure or failure.

The Bidder certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Bidder understands and agrees that the provisions of 31 U.S.C.A.
3801, et. seq., apply to this certification and disclosure, if any.
Bidder Name:
         By:                     Date:
       Name:
        Title:

                 END OF ATTACHMENT E
Attachment F: Buy America

                                   Buy America Certification


Bidder Company Name: __________________________________________________
Reference Project Name:

(NOTE: This form MUST be submitted with each bid if the bid amount exceeds $100,000.)

Bidder must fill out and sign ONE of the following certifications:

******************************************************************************
         CERTIFICATE OF COMPLIANCE WITH 49 U.S.C. SECTION 5323(J)(1)

The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 5323(j)(1)
and applicable regulations in 49 C.F.R. Part 661.

 Bidder Name:
          By:                                                 Date:
        Name:
         Title:

******************************************************************************

        CERTIFICATE OF NON-COMPLIANCE WITH 49 U.S.C. SECTION 5323(J)(1)

The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section
5323(j)(1), but it may qualify for an exception pursuant to 49 U.S.C. Section 5323(j)(2)(B) or (j)(2)(D)
and the regulations in 49 C.F.R. Section 661.7.


 Bidder Name:
          By:                                                 Date:
        Name:
         Title:


                                      END OF ATTACHMENT F
Attachment G: CCLRT Addendum

                                       CCLRT Addendum
       This Addendum is in addition to, and does not supplant, provisions and requirements in the
Purchase Order. In the event of any inconsistency with the provisions of this Addendum and other
Purchase Order provisions, this Addendum shall control.

1.     Master Funding Agreement Provisions. Funds for this Purchase Order come through the
Master Funding Agreement between the University and the Metropolitan Council (“Council”) dated
July 28, 2010 (the “MFA”). Under the MFA, Council passes through federal and other funds to
University for certain costs associated with the design and construction of the Central Corridor Light
Rail Transit project, including funds from the Federal Transit Administration (“FTA”). A copy of the
MFA may be viewed at http://www.uservices.umn.edu/purchasing/documents.html (look under
“Purchasing Forms” for the CCLRT Master Funding Agreement link). To obtain funds for goods
provided by Seller, Seller agrees as follows:

       1.1. To establish and maintain information with respect to the goods provided by Seller in
       accordance with the provisions of Section 3.03 of the MFA and to allow audit of such
       information in the same manner provided with respect to University in Section 3.04 of the
       MFA;

       1.2. That the United States is not a party to the MFA or this Purchase Order, and no
       reference to the United States, the United States Department of Transportation, the Federal
       Transit Administration, or any representatives of the federal government makes the United
       States a party to the MFA or this Purchase Order;

       1.3. That Seller is an independent contractor for purposes of fulfilling the obligations under
       the Purchase Order; and

       1.4. That this Purchase Order between Seller and University does not create any contractual
       relationship between Council and Seller.

       1.5. To defend, indemnify, and save harmless the Council from all claims, suits, demands,
       damages, judgments, costs, interest, and expenses arising out of or by reason of the
       performance of the goods provided by Seller caused in whole or part by any negligence act or
       omission of Seller, including negligent acts or omissions of its employees, subcontractors, or
       anyone for whose acts any of them may be liable; and

       1.6. To provide and maintain insurance in amounts and types of coverage appropriate to the
       goods provided by Seller, as determined by University, naming the Council as an additional
       insured, and provide to University on or before commencement of the Purchase Order a
       certificate of insurance evidencing such coverage;
2.     FTA Provisions. The following clauses are required because this procurement is funded in
whole or in part by the FTA.

       2.1     Definitions.

               2.1.1 C.F.R. United States Code of Federal Regulations, which contains regulations
               applicable to FTA grant recipients and their contractors and subcontractors.

               2.1.2 DOT. United States Department of Transportation. Also represented as
               USDOT.

               2.1.3 EPA. United States Environmental Protection Agency. Also represented as
               USEPA.

               2.1.4 FTA. Federal Transit Administration, a public transit regulatory unit of the
               USDOT, formerly known as the Urban Mass Transit Administration.

               2.1.5   U.S.C. United States Code.

       2.2       No Federal Government Obligation to Third Parties. University and Seller acknowledge and
       agree that, notwithstanding any concurrence by the federal government in or approval of the solicitation
       or award of this Purchase Order, absent the express written consent by the federal government, the
       federal government is not a party to this Purchase Order and shall not be subject to any obligations or
       liabilities to University, Seller, or any other party (whether or not a party to the Purchase Order)
       pertaining to any matter resulting from this Purchase Order.

              Seller agrees to include the preceding clause in each subcontract under this Purchase
       Order, modified only to identify the subcontractor that will be subject to the provisions.

       2.3     Fake/Fraudulent Statements. Seller acknowledges that the provisions of the Program
       Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. Section 3801 et seq., and USDOT
       regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining
       to this Purchase Order. Upon execution of this Purchase Order, Seller certifies or affirms the
       truthfulness and accuracy of any statement is has made, it makes, it may make, or causes to be
       made, pertaining to the Purchase Order or the FTA-assisted project for which this Purchase
       Order work is being performed. In addition to other penalties that may be applicable, Seller
       further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
       claim, statement, submission, or certification, the Federal Government reserves the right to
       impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Seller to the extent
       the Federal Government deems appropriate.

               Seller also acknowledges that if it makes, or causes to be made, a false, fictitious, or
       fraudulent claim, statement, submission, or certification to the Federal Government under a
       Purchase Order connected with a project that is financed in whole or in part with Federal
       assistance originally awarded by FTA under the authority of U.S.C. Section 5307, the Federal
Government reserves the right to impose the penalties of 18 U.S.C. Section 1001 and 49 U.S.C.
Section 5307(n)(1) on Seller, to the extent the Federal Government deems appropriate.

       Seller agrees to include the above language in each subcontract under this Purchase
Order, modified only to identify the subcontractor that will be subject to the provisions.

2.4    Access to Third Party Purchase Order Records.

       2.4.1 Seller shall provide University, Council, the FTA Administrator, the Comptroller
General of the United States, and any of their authorized representatives access to any books,
documents, papers, and records of Seller which are directly pertinent to this Purchase Order for
the purposes of making audits, examinations, excerpts, and transcriptions.

        2.4.2 Seller shall permit any of the parties described in this Section 2.4 to reproduce
any of the documents described in this Section by any means whatsoever or to copy excerpts
and transcriptions as reasonably needed. In addition to any requirements for maintenance of
project records and documents in other sections of this Purchase Order, Seller agrees to
maintain such records and documents until the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives have disposed of all litigation, appeals, claims or
exceptions arising from the performance of this Purchase Order.

        2.4.3 Seller shall, pursuant to 49 C.F.R. § 633.17 provide the FTA Administrator or
authorized representatives, including any federal Project Management Oversight Seller, access
to the Seller’s records and construction sites pertaining to a major capital project, defined at 49
U.S.C. § 5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C. §§ 5307, 5309, or 5311. By current definition, a major capital project
excludes Purchase Orders of less than the simplified acquisition threshold, currently set at
$100,000.

2.5     Changes to Federal Requirements. Seller shall comply with the required FTA clauses
set forth in this Purchase Order and with all applicable FTA regulations, policies, procedures
and directives including, without limitation, those listed directly or by reference in the
agreement between the Council and FTA. Seller’s failure to comply with applicable FTA
regulations, policies, procedures, and directives, as they may be amended or promulgated from
time to time during the term of this Purchase Order, shall constitute a material breach of this
Purchase Order.

2.6    Civil Rights.

        2.6.1 Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended,
42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and federal transit law at 49 U.S.C. § 5332, Seller agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, Seller agrees to comply with applicable federal
implementing regulations and other implementing requirements FTA may issue.

       2.6.2 Equal Employment Opportunity. The following equal employment
       opportunity requirements apply to this Purchase Order:

               Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the
       Civil Rights Act, as amended, 42 U.S.C. § 200e, and federal transit laws at 49 U.S.C. §
       5332, Seller agrees to comply with all applicable equal employment opportunity
       requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal
       Contract Compliance Programs, Equal Employment Opportunity, Department of
       Labor,” 42 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246,
       “Equal Employment Opportunity,” as amended by Executive Order No. 11375,
       “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42
       U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders,
       regulations, and Federal policies that may in the future affect construction activities
       undertaken in the course of this Purchase Order. Seller agrees to take affirmative action
       to ensure that applicants are employed, and that employees are treated during
       employment, without regard to their race, color, creed, national origin, sex, or age. Such
       action shall include, but not be limited to, the following: employment, upgrading,
       demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates
       of pay or other forms of compensation; and selection for training, including
       apprenticeship. In addition, Seller agrees to comply with any implementing
       requirements FTA may issue.

               Age. In accordance with Section 4 of the Age Discrimination in Employment
       Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 532,
       Seller agrees to refrain from discrimination against present and prospective employees
       for reason of age. In addition, Seller agrees to comply with any implementing
       requirements FTA may issue.

               Disabilities. In accordance with Section 102 of the Americans with Disabilities
       Act, as amended, 42 U.S.C. § 12112, Seller agrees that it will comply with the
       requirements of U.S. Equal Employment Opportunity Commission, “Regulations to
       Implement the Equal Employment Provisions of the Americans with Disabilities Act,
       “29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition,
       Seller agrees to comply with any implementing requirements FTA may issue.

       2.6.3 Inclusion in Subcontracts. Seller agrees to include the requirements of this
       Section 2.6 in each subcontract under this Purchase Order, modified only to identify the
       subcontractor that will be subject to the provisions.

2.7     Incorporation of FTA Terms. Specific provisions in this Purchase Order include, in
part, certain standard terms and conditions required by USDOT, whether or not expressly set
forth in the Purchase Order provisions. All contractual provisions required by USDOT, as set
forth in 49 CFR Section 18.36 and FTA Circular 4220.1F, are hereby incorporated by
reference. Notwithstanding anything to the contrary in this Purchase Order, all FTA mandated
terms shall be deemed to control in the event of a conflict with other provisions contained in
this Purchase Order. Seller shall not perform any act, fail to perform any act, or refuse to
comply with any Council or University requests which would cause the Council or University
to be in violation of the FTA terms and conditions.

2.8    Cargo Preference. Cargo preference requirements are contained in 46 U.S.C. § 1241
and 46 C.F.R. Part 381. Seller shall:

       2.8.1 Use privately owned United States-Flag commercial vessels to ship at least 50
       percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo
       liners, and tankers) involved, whenever shipping any equipment, material, or
       commodities pursuant to the Purchase Order to the extent such vessels are available at
       fair and reasonable rates for United States-Flag commercial vessels;

       2.8.2 Furnish within 20 working days following the date of loading for shipments
       originating within the United States or within 30 working days following the date of
       loading for shipments originating outside the United States, a legible copy of a rated,
       “on-board” commercial ocean bill-of-lading in English for each shipment of cargo
       described in the preceding paragraph to the Division of National Cargo, Office of
       Market Development, Maritime Administration, Washington, DC 20590 and to the
       University; and

       2.8.3 Include these requirements in all subcontracts issued pursuant to this Purchase
       Order when the subcontract may involve the transport of equipment, material, or
       commodities by ocean vessel.

2.9     Fly America. Seller agrees to comply with U.S.C. 40118 (the “Fly America Act”) in
accordance with the General Services Administration’s regulations at 41 CFR Part 301-10,
which provide that recipients and subrecipients of Federal funds and their contractors are
required to use U.S. Flag air carriers for U.S. Government-financed international air travel and
transportation of their personal effects or property, to the extent such service is available, unless
travel by foreign air carrier is a matter of necessity, as defined by the Fly American Act. Seller
shall submit, if a foreign air carrier was used, an appropriate certification or memorandum
adequately explaining why service by a U.S. flag air carrier was not available or why it was
necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance
with Fly America requirements. Seller agrees to include the requirements of this Section 2.9 in
all subcontracts that may involve international air transportation.

2.10 Energy Conservation. Seller agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the federal Energy Policy and Conservation Act. Seller further agrees to
include this requirement in all subcontracts.

2.11 Recovered Materials. Seller agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR part
247.

2.12 National Intelligent Transportation Systems Architecture and Standards. To the
extent applicable, Seller agrees to conform to the National Intelligent Transportation Systems
(ITS) Architecture and Standards as required by Section 5206(e) of TEA-21, 23 U.S.C. § 502
note, and to comply with FTA Notice, "FTA National ITS Architecture Policy on Transit
Projects" 66 Fed. Reg. 1455 et seq., January 8, 2001, and other Federal requirements that may
be issued.

2.13 Certification. The provisions of this Section 2.13 apply only if the amount of this
Purchase Order (including the value of any amendments thereto) exceeds $25,000. By signing
this Purchase Order, Seller certifies that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this Purchase Order by any Federal department or agency. This certification is a
material representation of fact upon which University relies in entering into this Purchase
Order. If it is later determined that the Seller knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Council and University
may pursue available remedies, including suspension and/or debarment. Seller shall provide to
University immediate written notice if at any time Seller learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. Seller
further certifies that it will comply with the requirements of 49 C.F.R. Section 29.510 and
obtain the required certifications before entering into any subcontracts over $25,000 using
funds provided through this Purchase Order, and submit copies of the subcontractors’
certifications to the University.

2.14 Buy America. Seller shall comply with 49 U.S.C. § 5323(j) and 49 C.F.R. Part 661,
which provide that Federal funds may not be obligated unless iron, steel, and manufactured
products used in FTA-funded projects are produced in the United States, unless a waiver has
been granted by FTA or the product is subject to a general waiver. General waivers are listed
in 49 C.F.R. § 661.7.

2.15 Clean Water Act. Seller shall comply with all applicable standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended,
33 U.S.C. § 1251 et seq. Seller shall report each violation to University and understands and
agrees that University will, in turn, report each violation as required to assure notification to
FTA and the appropriate EPA Regional Office. Seller shall include these requirements in each
subcontract.
2.16 Clean Air Act Compliance. Seller shall comply with all applicable standards, orders,
or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
Seller shall report each violation to University and understands and agrees that University will,
in turn, report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office. Seller shall include these requirements in each subcontract.

2.17 Certification of Restrictions on Lobbying; Disclosure. By signing this Purchase
Order, Seller certifies that no federal appropriated funds have been paid or will be paid by or on
behalf of Seller for influencing or attempting to influence an officer or employee of any federal
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 Purchase Order, 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 Purchase Order, grant, loan, or cooperative agreement. Seller further certifies
that, 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 federal agency,
a member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the projects funded by the funds allocated to Seller in this
agreement, Seller shall complete and submit to University, Standard Form-LLL, “Disclosure
Form to Report Lobbying,” in accordance with its instructions. A copy of Standard Form-LLL
is contained in 49 C.F.R. Part 20, Appendix B.

2.17.1 Seller shall include the language of this certification be included in the award
documents for all subcontracts in excess of $100,000.00, and shall require all subcontractors to
certify and disclose accordingly to the Seller. The certifications referred to in this paragraph
are material representations of fact upon which University relies when this Purchase Order is
made.

2.17.2 Seller acknowledges that any person who fails to file the required certification is subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure,
and any person who makes a prohibited expenditure or fails to file or amend the required
certification or disclosure form is subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such expenditure or failure.

2.17.3 Seller certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, Seller understands and agrees that the
provisions of 31 U.S.C. Section 3801, et seq., apply to this certification and disclosure, if any.

2.18   Disadvantaged Business Enterprise (DBE).

2.18.1 Nondiscrimination. Pursuant to 49 CFR section 26.13, the Seller, sub-recipient or
subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this Purchase Order. The Seller shall carry out applicable requirements of 49
CFR part 26 in the award and administration of DOT-assisted Purchase Orders. Failure by the
Seller to carry out these requirements is a material breach of this Purchase Order, which may
result in the termination of this Purchase Order or such other remedy, as the University deems
appropriate. The Seller shall include this requirement in all subcontracts pursuant to this
Purchase Order.

2.18.2 Prompt Payment.

       The Seller agrees to pay subcontractors within five (5) calendar days of the Seller’s receipt of
       payment from University for undisputed goods provided by the subcontractor. The Seller
       agrees to pay subcontractors all undisputed retainage payments within ten (10) calendar days of
       the Seller’s receipt of payment of retainage from University. The Seller shall not postpone or
       delay any undisputed payments owed subcontractors without good cause and without prior
       written consent of University.

       The Seller shall not, by reason of said payments, be relieved from responsibility for Work done
       by the subcontractor and shall be responsible for the entire Work under this Purchase Order
       until the same is finally accepted by the University.

       The Seller agrees to include in all subcontracts a provision requiring the use of appropriate
       alternative dispute resolution mechanisms to resolve payment disputes.

       The Seller will not be reimbursed for work performed by subcontractors unless and until the
       Seller ensures that subcontractors are promptly paid for work they have performed. Failure to
       comply with the provisions of this section may result in the University finding Seller in
       noncompliance with the DBE provisions of this Purchase Order.

2.18.3 DBE Good Faith Efforts. During the term of this Purchase Order, the Seller will continue to
       make good faith efforts to ensure that DBEs have maximum opportunity to successfully
       perform under the Purchase Order, and that the Seller meets its DBE commitment as set forth in
       its bid. These efforts shall include, without limitation, the following:

            If Seller requests substitution of a DBE subcontractor or supplier listed in its Attachment
            H: Disadvantaged Business Enterprise Information and Certifications form, the Seller
            shall exert good faith efforts to replace the DBE firm with another DBE firm subject to
            approval of the University; Seller shall notify a DBE in writing of any potential problem
            and attempt to resolve the problem prior to formally requesting University approval to
            substitute the DBE.

            Seller shall not terminate for convenience any DBE subcontractor or supplier listed in its
            Attachment H: Disadvantaged Business Enterprise Information and Certifications
            form (or an approved substitute DBE firm) and then perform the work itself or with its
            affiliates without prior written consent of the University.
            If a DBE subcontractor or supplier is terminated or fails to complete its work on the
            Purchase Order for any reason, Seller shall make good faith efforts to find another DBE
            firm to substitute for the original DBE firm.

            The dollar amount of amendments or any other Purchase Order modifications that increase
            or decrease the work area in which DBE participation has been committed to in the Seller’s
            bid will be commensurately added to or subtracted from the total Purchase Order base
            figure used to compute actual dollars paid to DBEs. Revised total Purchase Order dollar
            values shall be reflected in the monthly progress report submitted to the University.

            Seller shall negotiate in good faith to attempt to finalize a subcontract agreement with
            committed DBE’s prior to Purchase Order award and inform the University DBE Liaison
            Officer in a timely manner of any problems anticipated in attaining the DBE participation
            goal committed to in the bid.

            Seller shall timely pay all monies due and owing to DBE subcontractors and suppliers,
            timely submit complete and accurate DBE monthly reports in accordance with Section
            2.18.6 below, and continue to provide assistance to DBE subcontractors or suppliers in
            obtaining bonding, lines of credit, etc., if required by the Purchase Order.

            Failure to comply with the provisions of this section may result in the University finding
            Seller in noncompliance with the DBE provisions of this Purchase Order and the
            imposition of Administrative Sanctions described in Section 2.18.6.

2.18.4 Reporting. The Seller will submit monthly progress reports to the University DBE Liaison
       Officer reflecting its DBE participation. A DBE Progress Project Report submitted in the
       format provided by the University, shall be submitted to comply with this reporting
       requirement. Failure to submit this report in a timely manner may result in the imposition of
       Administrative Sanctions under Section 2.18.6. For the purposes of this Section 2.18.4, timely
       submittal means receipt by the University DBE Liaison Officer by the close of business on the
       fifteenth (15th) of the following month. The dollar amount of Change Orders or any other
       Purchase Order modifications that increase or decrease the work area in which DBE’s
       participation has been committed to in the bid, will be commensurately added to or subtracted
       from the total Purchase Order base figure used to compute actual dollars paid to DBEs. Revised
       total Purchase Order dollar values will be reflected in the monthly progress report.

2.18.5 Review of Good Faith Efforts.

            The University DBE Liaison Officer will review the Seller’s monthly DBE progress
            reports to monitor and determine whether the utilization of DBE firms is consistent with
            the commitment of Seller as stated in its bid. The progress reports will be forwarded to the
            Council’s DBE Liaison Officer.

             If it is determined that the Seller’s DBE utilization under the Purchase Order is not
            consistent with its commitment, the Seller will be requested, in writing, to submit evidence
            of its good faith efforts to meet the commitment. The Seller shall be given ten (10)
            working days to submit this documentation. Failure to respond shall place the Seller in
            non-compliance and subject to imposition of Administrative Sanctions as described in
            Section 2.18.6.

            The Seller’s good faith efforts documentation will then be reviewed for accuracy,
            sufficiency and internal consistency. The University DBE Liaison Officer shall make a
            determination as to the adequacy of the Seller’s good faith efforts documentation and so
            inform the Seller. If it is determined that the Seller’s good faith efforts documentation is
            acceptable, the Seller will be deemed to be in compliance with the DBE utilization goals.

            If it is determined that the Seller’s good faith efforts documentation is not acceptable, the
            Seller will be notified and be deemed to be in non-compliance with the DBE utilization
            goals.

            Non-compliance by the Seller with the requirements of federal DBE regulations (49 CFR
            part 26) constitutes a breach of Purchase Order and may result in imposition of
            Administrative Sanctions as described in Section 2.18.6.

2.18.6 Administrative Sanctions.

       If the University deems the Seller to be in non-compliance with the DBE requirements of this Purchase
       Order, the University will inform the Seller in writing, by certified mail, that sanctions shall be imposed
       for failure to meet DBE utilization goals and/or failure to submit documentation of good faith efforts.
       The notice will state the specific sanction to be imposed.

       The Seller has five (5) working days from the date of the notice to file a written appeal to the University.
       Failure to respond within the five (5) day period shall constitute a waiver of appeal. The University DBE
       Liaison Officer or its designee, at his or her sole discretion, may schedule a hearing to gather additional
       facts and evidence and shall issue a final determination on the matter within five (5) working days of
       receipt of the written appeal. There shall be no right of appeal to the DOT or the University’s governing
       board.

       Sanctions may include, without limitation: suspension of payment to the Seller for work that was
       identified to be performed by a DBE at the time of Purchase Order award, or of any monies held by the
       University as retained on the Purchase Order; denial to the Seller (including its principal and key
       personnel) of the right to participate in future Purchase Orders of the University for a period of up to three
       years; liquidated damages in an amount equal to 5% of the Purchase Order amount; and/or termination of
       the Purchase Order for cause. The University DBE Liaison Officer will recommend which sanction to
       apply. Seller and University acknowledge and agree that the actual extent of losses the University will
       incur as a result of the failure of Seller to comply with the DBE requirements of this Purchase Order
       cannot be reasonably determined as of the date of this Purchase Order, and the liquidated damages
       amount is reasonable under the circumstances and not a penalty.

2.19 Access for Individuals with Disabilities. To the extent applicable, Seller agrees to
comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and
individuals with disabilities have the same right as other individuals to use public transportation
services and facilities, and that special efforts shall be made in planning and designing those
services and facilities to implement transportation accessibility rights for elderly individuals
and individuals with disabilities. To the extent applicable, Seller also agrees to comply with all
applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §
794, which prohibits discrimination on the basis of disability in the administration of programs
or activities receiving Federal financial assistance; with the Americans with Disabilities Act of
1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that buildings and public
accommodations be accessible to individuals with disabilities; and with other laws and
amendments thereto pertaining to access for individuals with disabilities that may be
applicable. In addition, to the extent applicable, Seller agrees to comply with applicable
implementing Federal regulations, and any later amendments thereto, and agrees to follow
applicable Federal implementing directives, except to the extent FTA approves otherwise in
writing. Among those regulations and directives are:

2.19.1 Transportation Services for Individuals with Disabilities (ADA).

       U.S. DOT regulations, “Transportation Services for Individuals with Disabilities
       (ADA),” 49 C.F.R. Part 37;

2.19.2 Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
       Benefiting from Federal Financial Assistance.

       U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and

2.19.3 ADA Accessibility Specifications for Transportation Vehicles.

       Joint U.S. Architectural and Transportation Barriers Compliance board (U.S.
       ATBCB)/U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility
       Specifications for Transportation Vehicles,” 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;

2.19.4 Nondiscrimination on the Basis of Disability in State and Local Government Services.

       U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
       Government Services,” 28 C.F.R. Part 35;

2.19.5 Nondiscrimination on the Basis of Disability by Public Accommodations and in
       Commercial Facilities.

       U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public
       Accommodations and in Commercial Facilities,” 28 C.F.R. Part 36;

2.19.6 Accommodations for the Physically Handicapped.

       U.S. General Services Administration (U.S. GSA) regulations, “Accommodations for
       the Physically Handicapped,” 41 C.F.R. Subpart 101-19;

2.19.7 Regulations to Implement the Equal Employment Provisions of the Americans with
       Disabilities Act.
       U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
       Americans with Disabilities Act,” 29 C.F.R. Part 1630;

2.19.8 Telecommunications Relay Services and Related Customer Premises Equipment for the
       Hearing and Speech Disabled.

       U.S. Federal Communications Commission regulations, “Telecommunications Relay
       Services and Related Customer Premises Equipment for the Hearing and Speech
       Disable,” 47 C.F.R. Part 64, Subpart F;

2.19.9 Electronic and Information Technology Accessibility Standards.

       U.S. ATBCB regulations, “Electronic and Information Technology Accessibility
       Standards,” 36 C.F.R. Part 1194;

2.19.10 Transportation for Elderly and Handicapped Persons.

       FTA regulations, “transportation for Elderly and Handicapped Persons,” 49 C.F.R. Part
       609; and

2.19.11 Federal Civil Rights and Nondiscrimination Directives Implementing Federal Laws
        and Regulations.

       Federal civil rights and nondiscrimination directives implementing those Federal laws
       and regulations, except to the extent the Federal Government determines otherwise in
       writing.


                             END OF ATTACHMENT G
Attachment H: DBE Subcontracting Policy and Procedure

                       DISADVANTAGED BUSINESS ENTERPRISE (DBE)
                        SUBCONTRACTING POLICY AND PROCEDURE

1.1         PART 1          DBE PROGRAM


1.2         1.1      POLICY

A. UNIVERSITY, a US Department of Transportation (USDOT) grant recipient, shall not discriminate on the
   basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or
   in the administration of 49 CFR part 26. USDOT-assisted contracts include financial assistance from
   USDOT, the Federal Transit Administration (FTA), the Federal Highway Administration (FHWA), or the
   Federal Aviation Administration (FAA).


B. This contract is funded in part with a grant from the Federal Transit Administration (FTA). The
   Disadvantaged Business Enterprise (DBE) requirements of the Transportation Equity Act for the 21st
   Century (TEA-21) and 49 CFR part 26 apply to the contract for this Project.


C. This document contains pre-award requirements for Bidders. Post-award requirements relating to
   Disadvantaged Business Enterprise are contained in Attachment G: CCLRT Addendum, which should
   also be carefully reviewed by Bidders.


D. Attached to this document is the following form:
                  1. Disadvantaged Business Enterprise Information and Certifications
      Submittal requirements for this form are described in this document.

1.3         1.2      DBE PARTICIPATION GOAL


For the purposes of this contract, UNIVERSITY and COUNCIL have established a 15% goal for DBE
participation.
      1.4
1.5      1.3     DEFINITIONS

A. Disadvantaged Business Enterprise (DBE) means a for-profit small business concern
   which is at least 51% owned by one or more socially and economically disadvantaged
   individuals. In the case of any publicly-owned business, at least 51% of the stock must be
   owned by one or more socially and economically disadvantaged individuals; and the
   management and daily business operations are controlled by one or more of the socially
   and economically disadvantaged individuals who own it.


PART 2 -        B.      Small Business Concern (with respect to firms seeking to participate as DBEs
      in USDOT-assisted contracts) means a small business as defined pursuant to the Small Business
      Act (13 CFR 121).


PART 3 -          C.     Socially and Economically Disadvantaged Individuals (for purposes of USDOT-
      assisted projects) means any individual who is a citizen (or lawfully admitted permanent resident)
      of the United States, and who is:

         a) Any individual who the MnUCP (Minnesota Unified Certification Program) finds to be a socially
            and economically disadvantaged individual on a case-by-case basis;

         b) Women (regardless of race, ethnicity or origin); or

         c) Individuals found to be socially and economically disadvantaged by the U.S. SBA pursuant to
            Section 8(a) of the Small Business Act.

The MnUCP will make a rebuttable presumption that individuals in the above groups are socially and
economically disadvantaged. The MnUCP may, on a case-by-case basis, determine or accept the determination
by another USDOT recipient, that individuals who are socially and economically disadvantaged in accordance
with 49 CFR 26, Subpart D.

3.1      1.4     COUNTING DBE PARTICIPATION

In accordance with 49 CFR section 26.55, the UNIVERSITY will utilize the following guidelines in
determining the percentage of DBE participation that will be counted toward the overall DBE goal:

A. If a firm is not currently certified as a DBE in accordance with the standards of subpart D of the regulations
   at the time of the execution of the contract, the firm’s participation toward any DBE goals will not be
   counted, except as provided in 49 CFR section 26.87(i).

B. The dollar value of work performed under a contract with a firm after it has ceased to be certified will not be
   counted toward the overall goal.

C. The participation of a DBE subcontractor toward the CONTRACTOR’s DBE achievements or the overall
   goal will not be counted until the amount being counted toward the goal has been paid to the DBE.
D. When a DBE participates in a contract, the value of the work actually performed will be counted as follows:

    1. The entire amount of that portion of a construction contract (or other contract not covered by paragraph
       49 CFR part 26.55) that is performed by the DBE’s own forces. Include the cost of supplies and
       materials obtained by the DBE for the work of the contract, including supplies purchased or equipment
       leased by the DBE (except supplies, and equipment the DBE subcontractor purchases or leases from the
       CONTRACTOR or its affiliate).

    2. The entire amount of fees or commissions charged by a DBE firm for providing a bona fide service,
       such as professional, technical, consultant, or managerial services, or for providing bonds or insurance
       specifically required for the performance of a USDOT-assisted contract, toward DBE goals, provided
       that the UNIVERSITY determines the fee to be reasonable and not excessive as compared with fees
       customarily allowed for similar services.

    3. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontract
       work may be counted toward DBE goals only if the DBE’s subcontractor is itself a DBE. Work that a
       DBE subcontracts to a non-DBE firm will not count toward DBE goals.

E. When a DBE performs as a participant in a joint venture, the UNIVERSITY will count a portion of the total
   dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the
   DBE performs with its own forces toward DBE goals.

F. The UNIVERSITY will count expenditures to a DBE Contractor toward DBE goals only if the DBE is
   performing a commercially useful function on that contract:

    1. A DBE performs a commercially useful function when it is responsible for execution of the work of the
       contract and is carrying out it responsibilities by actually performing, managing, and supervising the
       work involved. To perform a commercially useful function, the DBE must also be responsible, with
       respect to materials and supplies used on the contract, for negotiating price, determining quality and
       quantity, ordering the material, and installing (where applicable) and paying for the material itself. To
       determine whether a DBE is performing a commercially useful function, the UNIVERSITY will
       evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid
       under the contract is commensurate with the work it is actually performing and the DBE credit claimed
       for its performance of the work, and other relevant factors.

    2. A DBE does not perform a commercially useful function if its role is limited to that of an extra
       participant in a transaction, contract, or project through which the funds are passed in order to obtain the
       appearance of DBE participation. In determining whether a DBE is such an extra participant, the
       UNIVERSITY will examine similar transactions, particularly those in which DBEs do not participate.

    3. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its
       contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract
       than would be expected on the basis of normal industry practice for the type of work involved, the
       UNIVERSITY will presume that it is not performing a commercially useful function.

    4. When a DBE is presumed not to be performing a commercially useful function as provided in this
       program, the DBE may present evidence to rebut this presumption. The UNIVERSITY may determine
       that the firm is performing a commercially useful function given the type of work involved and normal
       industry practices.

   5. The UNIVERSITY’S decisions on matters of whether a DBE performs a commercially useful functions
      are subject to review by the concerned operating administration (FTA), but not subject to an
      administrative appeal to USDOT.

G. The UNIVERSITY will use the following factors in determining whether a DBE trucking company is
   performing a commercially useful function:

   1. The DBE must be responsible for the management and supervision of the entire trucking operation for
      which it is responsible on a particular contract, and there cannot be a contrived arrangement for the
      purpose of meeting DBE goals.

   2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on
      its contract.

   3. The DBE receives credit for the total value of the transportation services it provides on the contract
      using trucks it owns, insures, and operates using drivers it employs.

   4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a
      DBE. The DBE who leases trucks from another DBE receives credit for the total value of the
      transportation services the lessee DBE provides on the contract.

   5. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who
      leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result
      of the lease arrangement. The DBE does not receive credit for the total value of the transportation
      services provided by the lessee, since these services are not provided by the DBE.

   6. For purposes of this section, a lease must indicate that the DBE has exclusive use of and control over the
      truck. This does not preclude the leased truck from working for others during the term of the lease with
      the consent of the DBE, so long as the lease gives the DBE absolute priority for the use of the leased
      truck. Leased trucks must display the name and identification number of the DBE.

H. The UNIVERSITY will count expenditures with DBEs for materials or supplies toward DBE goals as
   provided in the following:

   1. The UNIVERSITY will count 100% of the cost of the materials or supplies toward DBE goals if the
      materials or supplies are obtained from a DBE manufacturer. For purposes of this paragraph, a
      manufacturer is a firm that operates or maintains a factory or establishment that produces, on the
      premises, the materials, supplies, articles, or equipment required under the contract and of the general
      character described in the specifications.

   2. The UNIVERSITY will count 60% of the cost of the materials or supplies toward DBE goals if the
      materials or supplies are purchased from a DBE regular dealer. For purposes of this section, a regular
      dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the
      materials, supplies, articles or equipment of the general character described by the specifications and
          required under the contract are bought, kept in stock, and regularly sold to or leased to the public in the
          usual course of business.

I.    To be a regular dealer, the firm must be an established, regular business that engages, as its principal
      business and under its own name, in the purchase and sale or lease of the products in question.

J. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or
   asphalt without owning, operating, or maintaining a place of business as provided in 49 CFR section
   26.55(e)(2)(ii) if the person both owns and operates distribution equipment for the products. Any
   supplementing of regular dealers’ own distribution equipment shall be by a long-term lease and not on an ad
   hoc or contract-by-contract basis.

K. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions
   are not regular dealers within the meaning of 49 CFR section 26.55(e)(2).

L. With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a regular
   dealer, the UNIVERSITY will count the entire amount of fees or commissions charged for assistance in the
   procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or
   supplies required on a job site, toward DBE goals, provided that the UNIVERSITY has determined the fees
   to be reasonable and not excessive as compared with fees customarily allowed for similar services. The
   UNIVERSITY will not count any portion of the cost of the materials and supplies themselves toward DBE
   goals, however.
3.2
3.3       PART 2                   BID/AWARD PHASE ACTIVITIES


3.4       2.1     REQUIREMENT OF GOOD FAITH EFFORTS

Bidders are advised that award of this contract is conditioned on meeting the requirements of 49 CFR section
26.53, requiring Bidders to make good faith efforts to meet the DBE participation goal specified in section 1.2
of this document. Bidders are required to demonstrate good faith efforts to meet the goal by either:
          1. documenting the participation of specific DBEs to meet the goal, or
          2. documenting adequate good faith efforts to meet the goal, even if the efforts were not successful in
             obtaining sufficient DBE participation to meet the goal.


3.5       2.2     BID SUBMITTAL REQUIREMENTS

A. All bids MUST include a properly completed Document 00485 Disadvantaged Business Enterprise
   Information and Certifications form. The form consists of Parts A and B. Part A must be completed by
   every Bidder. Part B must be completed by the Bidder if required in accordance with the following
   instructions.

B. In Part A of the form, the Bidder must list all firms, if any, whose participation is committed to be credited
   toward meeting the DBE goal and the following information regarding each such firm:
        1. The name and address of each DBE prime contractor, joint venture partner, subcontractor, trucker or
           supplier that the bidder intends to credit toward the DBE goal. The complete legal business name as
           used for DBE certification shall be identified on the form.

        2. A description of how each DBE firm will participate in this contract. The DBE goal may be
           satisfied by a commitment to DBE participation in the contact as a prime contractor, joint venture
           partner, subcontractor, trucker or supplier.

        3. The state in which the DBE is currently certified.

        4. A description of the work to be performed or materials to be supplied by each DBE.

        5. The estimated dollar value of each DBE’s participation in the contract.

        6. The estimated percent of the total bid for each DBE. The percentage allocated for each DBE must
           be in accordance with the provisions for performing a commercially useful function, as required by
           49 CFR section 26.55.

        7. The Bidder must also submit written confirmation from each DBE included in the Bidder’s
           Document 00485 Disadvantaged Business Enterprise Information and Certifications form
           confirming the DBE participation in the project.


C. All DBE firms which are listed in Part A of Document 00485 Disadvantaged Business Enterprise
   Information and Certifications must, as of the date bids are due, be included on the Metropolitan
   Airports Commission (MAC)/Minnesota Department of Transportation (MnDOT)/Metropolitan
   Council Disadvantaged Business Enterprise (DBE) Directory or certified by the MnUCP as DBEs as of
   the execution of the contract. All of the firms on this listing shall be considered “currently certified” for the
   purposes of bid submittal. This listing is available from the Metropolitan Council and can also be found at
   the following website:
                                   http://www.dot.state.mn.us/civilrights/ucpdirectory.html
    The provisions of 49 C.F.R., part 26.87 (relating to removal of a DBE’s eligibility) apply to all
    firms credited under this paragraph.
    If no DBE participation is committed, the Bidder must indicate so on the form. Part A of the form includes
    a Certification of DBE Participation and Good Faith Efforts which must be filled in and signed on behalf of
    the Bidder in all cases.


D. Part B of Document 00485 Disadvantaged Business Enterprise Information and Certifications must be
   completed by the Bidder if the information provided in Part A of the form indicates either:
        1. no committed DBE participation, or
        2. committed DBE participation at less than the DBE goal established above;
    In Part B, the Bidder must provide information regarding its good faith efforts to meet the DBE goal. Part B
    also includes a certification which must be filled in and signed on behalf of the Bidder if completion of Part
    B is required.
E.     Failure to submit a properly completed Document 00485 Disadvantaged Business Enterprise
      Information and Certifications form with the bid will result in no further consideration of the bid by the
      UNIVERSITY.

Part 3            POST-BID/PRE-AWARD REVIEW

3.6       3.1     POST-BID SUBMITTALS


A. After the opening of bids but before award of the contract, the apparent low bidder must submit any
   clarifications or details requested by the UNIVERSITY regarding: a) its pre-bid efforts to obtain DBE
   participation, and/or b) the good faith efforts information submitted with the bid.
B. Failure to comply with a post-submittal requirement may result in no further consideration of the bid by the
   UNIVERSITY.

3.7       3.2     GOOD FAITH EFFORTS DETERMINATION

In accordance with 49 CFR section 26.53 and Appendix A thereto, the following guidelines will apply to a good
faith efforts determination.

A. The bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other
   requirement of 49 CFR Part 26 which, by their scope, intensity, and appropriateness to the objective, could
   reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful. The
   UNIVERSITY DBE Liaison Officer will determine whether a bidder made sufficient good faith efforts to
   meet the goal in accordance with the guidelines set forth in 49 CFR section 26.53, and Appendix A thereto.
   Compliance will be determined on a case-by-case basis, based on a review of documentation of the
   following types of activities:

      1. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising
         and/or written notices) the interest of all certified DBEs who have the capability to perform the work of
         the contract. The bidder must solicit this interest within sufficient time to allow the DBEs to respond to
         the solicitation. The bidder must determine with certainty if the DBEs are interested by taking
         appropriate steps to follow up initial solicitations.

      2. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE
         goals will be achieved. This includes, where appropriate, breaking out contract work items into
         economically feasible units to facilitate DBE participation, even when the bidder might otherwise prefer
         to perform these work items with its own forces.

      3. Providing interested DBEs 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 DBEs. The bidder has the responsibility to make a portion of
         the work available to DBE subcontractors and suppliers and to select those portions of the work or
         material needs consistent with the available DBE subcontractors and suppliers so as to facilitate DBE
         participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of
         DBEs that were considered; a description of 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 DBEs to perform the work.

    5. A bidder using good business judgment would consider a number of factors in negotiating with
       subcontractors, including DBE subcontractors, and would take 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 DBEs is not in itself sufficient reason for bidder’s failure to meet the contract DBE
       goal, as long as such costs are reasonable. Also, the ability or desire of a bidder to perform the work of
       a contract with its own organization does not relieve the bidder of the responsibility to make good faith
       efforts. Bidders are not, however, required to accept higher quotes from DBEs if the price difference is
       excessive or unreasonable.

    6. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of
       their capabilities. The DBE’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 bids in the bidder’s efforts
       to meet the contract goal.

    7. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required
       for this contract.

    8. Making efforts to assist interested DBEs 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 as allowed on a case-by-case basis to provide assistance in the recruitment and placement
       of DBEs.

   10. The performance of other bidders in meeting the contract goal. For example, when the apparent
       successful bidder fails to meet the contract goal, but others meet it, the UNIVERSITY may reasonably
       raise the question of whether, with additional reasonable efforts; the apparent successful bidder could
       have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the
       average DBE participation obtained by other bidders, the UNIVERSITY may view this, in conjunction
       with other factors, as evidence of the apparent successful bidder having made good faith efforts.

B. Any of the following conditions will constitute failure to meet the contract goal:


        1.      The total percentage participation by DBE firms reflected on the Part A of Document 00485
                Disadvantaged Business Enterprise Information and Certifications is less then the DBE
                goal set forth in Section 1.2.


        2.      Firms listed on Part A of Document 00485 whose participation are being credited toward
                meeting the DBE goal are noted certified by the MnUCP as DBEs as of the execution of the
                contract.
C. If the UNIVERSITY DBE Liaison Officer determines that the apparent successful bidder has failed to meet
   the Good Faith Efforts requirements of this program, it will, before contract award, provide the bidder an
   opportunity for administrative reconsideration. The bidder will have the opportunity to:


    1. Provide a written documentation or argument concerning the issue of whether the bidder met the goal or
       made adequate good faith efforts to do so; and


    2. Meet in person with the UNIVERSITY DBE Liaison Officer to discuss the issue of whether the bidder
       met the goal or made adequate good faith efforts to do so.

D. The UNIVERSITY DBE Liaison Officer will send the proposer a written decision on its reconsideration,
   explaining the basis on which the determination was made whether it met the goal or made adequate good
   faith efforts to do so.

E. In accordance with 49 CFR section 26.53, the result of the UNIVERSITY’S DBE Liaison Officer’s
   reconsideration process is not subject to administrative appeal to USDOT or the Federal Transit
   Administration.


F. Determinations and reconsiderations regarding failure to meet DBE requirements for this contract are
   handled in accordance with the provisions of this section 3.2 and are not subject to protest procedures.


PART 4 -        Part 4          POST-AWARD REQUIREMENTS

Additional post-award requirements relating to Disadvantaged Business Enterprise are contained in Attachment
G: CCLRT Addendum.

                                          END OF DOCUMENT
                                                             PART 5 -        ATTACHMENT H

                    PART 6 -        DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION AND CERTIFICATIONS

Bidder Company Name: ____________________________________________________________

Contract #                     Project Name:
(NOTE: This form MUST be submitted with each bid. Part A of this form must be completed by every Bidder. Part B must be completed if required in
accordance with Attachment H: Disadvantaged Business Enterprise Subcontracting Policy and Procedure, and the directions in this form.)
                                                                       6.1    PART A
Check ONE of the following:
___ No DBE participation is committed on this project
___ The following DBE participation is committed on this project:

    Firm Name                    Address                  How will firm       State(s) in   Description of work      Estimated dollar      Estimated
  (Legal business                                          participate?         which                                    value of          percentage
name used for DBE                                         (Prime; Joint       currently                               participation        of total bid
   certification)                                       Venture; Partner;      certified
                                                         Subcontractor;
                                                           Trucker or
                                                            Supplier)




                                                                                                                        TOTAL %
                                                                                                                      COMMITTED:
(Form continued on next page. Use copies of page 1 of this form if additional space is needed to list committed DBEs and attach such copies to the form.) Every
Bidder must submit, as part of its bid, written confirmation from each DBE noted above confirming its participation in the project.
                                       CERTIFICATION OF DBE PARTICIPATION AND GOOD FAITH EFFORTS

On behalf of the Bidder identified below, I certify that:
        (check ONE of the following)
        ___ No DBE participation is committed on this project.
        ___ Bidder is committed to use the DBE subcontractor(s) listed in this form on this project at the stated percentage(s).

I further certify that I have read the DBE requirements in Attachment H: Disadvantaged Business Enterprise Subcontracting Policy and Procedure and
applicable federal regulations cited therein. I further certify that the Bidder has made appropriate efforts to comply with the DBE requirements for this contract by
making good faith efforts to meet the DBE goal specified in Attachment H: Disadvantaged Business Enterprise Subcontracting Policy and Procedure. I am
authorized on behalf of the Bidder to submit this certification to the UNIVERSITY. This certification is a material representation of fact on which the
UNIVERSITY may rely in awarding the contract.

Bidder Name:

By:                                                Date: ____________

Name:                                              Title: _____________

Note: If the above certification indicates 1) that no DBE participation is committed, or 2) DBE participation is committed at less than the DBE goal established in
Document 00485 Disadvantaged Business Enterprise Subcontracting Policy and Procedure, the Bidder must complete the following Part B of this form.
                                                ATTACHMENT H

       DISADVANTAGED BUSINESS ENTERPRISE INFORMATION AND CERTIFICATIONS



                                                      PART B

THE FOLLOWING GOOD FAITH EFFORTS WERE TAKEN IN ORDER TO MEET THE DBE
PARTICIPATION GOAL FOR THIS CONTRACT. Use additional sheets if necessary to supplement the
responses and attach the additional sheets to this form:

(Note: the following is a list of types of actions which will be considered by the UNIVERSITY as a part of the
Bidder’s good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it
intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. In
each case, examples of the types of activities contemplated by the described action are outlined for the Bidder’s
convenience and assistance. The providing of the information given as examples will be useful in determining
the Bidder’s good faith efforts. However, completion of or failure to complete all the example activities will not
necessarily result in either finding or not finding a lack of good faith efforts; and other activities not provided as
examples may be used by the Bidder to demonstrate good faith efforts.)

___________________________________________________________________________

1. Describe Bidder’s efforts to include DBEs on solicitation lists and to solicit through all reasonable and
    available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all
    certified DBEs who have the capability to perform the work of the project. (Include information indicating
    whether the solicitation of interest took place within sufficient time to allow the DBEs to respond to the
    solicitation and/or if Bidder took appropriate steps to follow up the initial solicitations.)

        a. Did the Bidder take any of the following actions in order to assist Bidder in carrying out its
           solicitation of DBEs for participation in the project (check those that apply):

             □ Bidder attended pre-bid to learn about project and DBE goals.

            □ Bidder reviewed bid document for DBE policy regarding the UNIVERSITY’s expectation of
            Bidders regarding DBE participation.

             □ Bidder reviewed bid document for DBE policy sections in order to understand the correct method
            of counting DBE participation.
b. List advertising or other means that the Bidder used to solicit interest in having DBE subcontractors
   participate with the Bidder on this project:

               Advertising or Other Means Used                   Number of days prior to bid deadline
                                                                     advertisement occurred




       Describe what follow-up actions with DBEs were undertaken by the Bidder following the
        described solicitation activities:




       If no advertising or other means were used for the described purpose, explain why not:




c. Did the Bidder take any of the following actions in order to encourage potential major
   subcontractors to solicit DBE firms for participation in that subcontractor’s portion of the potential
   work (check those that apply)

    □ Provided interested subcontractors with DBE goal information and contracting policy
        documents. If checked, when did this occur?___________________

    □ Provided interested subcontractors with information on where to find eligible DBE firms.
       If checked, when did this occur?______________________

    □ Negotiated or requested a target level of DBE participation with subcontractors. If checked, when
       did this occur?________________________


d. Describe any other efforts used by Bidder to solicit the interest of DBEs to participate with the
   Bidder on this project:
2. Describe Bidder’s efforts to select portions of the work to be performed by DBEs in order to increase the
    likelihood that the DBE goal would be achieved. (This includes, where appropriate, breaking out project
    work items into economically feasible units to facilitate DBE participation, even when the Bidder might
    otherwise prefer to perform these work items with its own forces; and establishing delivery schedules which
    will encourage DBE participation.)

        a. List specific areas/types of work that Bidder identified for DBE participation based on project needs
           and eligible DBEs listed in authorized directories:

                         Area/Type of Work                     Number of DBEs identified who perform this
                                                                          area or type of work




        b. Did the Bidder break out any project items into economically feasible units to facilitate DBE
           participation? Yes □ No □

            If yes, describe up to six examples of work items that were broken out into small units for this
            purpose:


             1.

             2.

             3.

             4.

             5.

             6.


           If no, explain why such an effort was not undertaken:
        c. Did the Bidder consider having one or more DBE firms perform work that the Bidder usually
           performs with its own forces? Yes □ No □

           If Yes, explain whether the Bidder was or was not successful and the factors for the result:




            If No, explain why such an approach was not considered:




        d. Describe any other efforts Bidder used to arrange the work of the project in order to increase the
           likelihood that the DBE goal would be achieved:




3. Describe Bidder’s efforts to provide interested DBEs with adequate information about the plans,
    specifications, and requirements of the Invitation for Bids in a timely manner to assist them in responding to
    a solicitation:

        a. Check below all applicable efforts used for the described purpose and, in each case, indicate when
            the effort took place:

            □ Invited interested DBEs to utilize Bidder’s plan room to discuss potential roles and the project. If
                checked, state when the invitation was made: _____________________

            □ Provided interested DBEs with their own sets of project plans to review. If checked, state when
                the plans were provided: ______________________

            □ Referred interested DBEs to a location where project plans could be reviewed. If checked, state
               when such referral or referrals took place and to what location the referral was made:
               ______________________


        b. Describe any other efforts that Bidder made to provide interested DBEs with information about the
           plans, specifications, and requirements for the project and when those efforts took place.




4. Describe Bidder’s efforts to negotiate in good faith with interested DBEs. (Include information on the
    names, addresses, and telephone numbers of DBEs that were considered; a description of the information
    provided regarding the plans and specifications for the work selected for subcontracting; and information as
    to why additional agreements could not be reached for DBEs to perform the work.)

        a. Did Bidder reject any bids from DBE firms?

            If yes, explain why the bids were rejected:

                              DBE Firm                                  Reason why Bid was Rejected




        b. Did the Bidder reject any bids from DBEs solely due to price differential? Yes □ No □

            If yes, did the Bidder find the DBE’s quotes excessive or unreasonable and, if so, explain why:




        c. Describe any other efforts by Bidder to negotiate in good faith with interested DBEs. In each case,
           provide the information described above in this Item #4:




5. Describe Bidder’s efforts to avoid rejecting DBEs as being unqualified without sound reasons based on a
    thorough investigation of their capabilities. (The 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 the rejection or non-solicitation of bids in the
    contractor's efforts to meet the project goal.)

        a. Did the Bidder reject any bids from DBEs solely because the Bidder did not consider the DBE
           qualified? Yes □ No □

            If Yes, describe the Bidder’s investigation of each rejected DBE’s capabilities and the specific
            reasons for rejection or non-solicitation of each rejected DBE:



        b. Describe any other efforts by Bidder to avoid rejecting DBEs as being unqualified without sound
           reasons based on a thorough investigation of their capabilities:
6. Describe Bidder’s efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as
    required by the Invitation for Bids:

        a. Did the Bidder undertake any efforts to assist interested DBEs in obtaining bonding, lines of    credit,
        or insurance? Yes □ No □

            If yes, describe those efforts below:

               DBE Name              DBE Accepted Offer of            Results of Effort if Offer of Assistance
                                     assistance – Yes or No                          Accepted




7. Describe Bidder’s efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or
    related assistance or services:

        a. Did the Bidder consider the formation of a joint-venture partnership with one or more DBE firms?
           Yes □ No □

                If yes, explain the results of that consideration:



                If no, explain why the Bidder did not consider such action:



        b. Describe any of the other efforts that Bidder carried out to assist interested DBEs:



8. Describe Bidder’s efforts to effectively use the services of available disadvantaged community organizations;
    disadvantaged contractors' groups; local, state, and federal disadvantaged business assistance offices; and
    other organizations to provide assistance in the recruitment and placement of DBEs, including the U.S.
    Department of Commerce’s Minority Business Development Agency (MBDA):

        a. Check below any organizations that the Bidder used the services of to provide assistance in the
           recruitment of DBE firms:
             □ National Association of Minority Contractors      □ Minnesota Minority Suppliers Development
                                                                 Council
             □ Metropolitan Economic Agency/                     □ One or more of the Ethnic Chambers of
             PTAC Development                                    Commerce
             □ Association of Women Contractors



        b. List any other organizations that Bidder used the services of for the described purposes:




        c. If none of the organizations in paragraph a above were used and if no other organizations are listed
           by Bidder in paragraph b, explain why the services of such organizations were not utilized by the
           Bidder:




9. Describe other factors or types of efforts used by Bidder in its good faith effort to meet the project DBE goal:




10. Provide information regarding the Bidder’s history of DBE/SBE/WBE/MBE goal achievement during the
     past five years on publicly funded projects and privately funded projects on which the Bidder served as a
     prime or major subcontractor and on which there was such a goal.
For publicly funded projects, report on all such projects but not exceeding five:

  Name of Agency and Year(s) of Project          DBE/SBE/WBE/MBE                  Bidder’s Actual
                                                    Project Goal                DBE/SBE/WBE/MBE
                                                                                Goal Achievement on
                                                                                      Project




 For privately funded projects, report on all such projects but not exceeding three:

  Name of Agency and Year(s) of Project               Project                     Bidder’s Actual
                                                 DBE/SBE/WBE/MBE                DBE/SBE/WBE/MBE
                                                       Goal                     Goal Achievement on
                                                                                      Project
                                             CERTIFICATION

                     BIDDERS MUST SIGN THE FOLLOWING CERTIFICATION.

On behalf of the Bidder identified below, I certify that I have read the DBE requirements in Attachment H:
Disadvantaged Business Enterprise Subcontracting Policy and Procedure, and applicable federal
regulations cited therein. I further certify that the Bidder has made appropriate efforts to comply with the DBE
requirements for this contract by undertaking the efforts documented in this certification. I have enclosed or
attached all documentation of the Bidder’s efforts to comply with the DBE requirements, on which the
UNIVERSITY may rely in determining whether the Bidder has met the good faith efforts requirements. I am
authorized on behalf of the Bidder to submit this form and documentation to the UNIVERSITY. This
certification is a material representation of fact on which the UNIVERSITY may rely in awarding the
contract.


                     Bidder Name:
                             Date:
                              By:
                            Name:
                             Title:




                                        END OF ATTACHMENT H
Attachment I: U of M Vendor Appeal Process

                    UNIVERSITY OF MINNESOTA PURCHASING
                      SERVICES VENDOR APPEALS PROCESS
I.   APPEALS PROCESS FOR BID AWARDS

     BACKGROUND
     The Board of Regents of the University of Minnesota require competitive bids for purchases in
     excess of $50,000. When awards over a dollar amount set by administrative policy are not made
     to the apparent low bidder, the Regents require notification of all unsuccessful low bidders.

     Purchasing Services follows procedures below:
        • On awards of $50,000 or more, a notification of rejection is sent to each vendor who has
            an apparent low bid, listing each of the specifications with which they did not comply.
            The notification states that if the vendor believes the University's reason for rejection the
            bid is in error, the vendor may submit a written appeal.

     VENDOR APPEAL PROCESS
     In the event that a written appeal is received regarding a bid award, the following procedures will
     be followed:

        1ST VENDOR APPEAL – Category Manager and Department Respond
        The category manager requests a response from the department who is rejecting the bid. The
        category manager will incorporate the department's response into the Category Manager's
        notification to the vendor. The vendor is allowed a reasonable time to respond. If there is no
        further appeal, the situation is considered resolved.

        2ND VENDOR APPEAL – The Category Manager and the Department Respond
        If a second written appeal is received, the category manager will meet with the requesting
        department and the vendor. The purpose of this meeting is to resolve the differences between
        the department and the vendor. For vendors that do not have local representatives, this
        meeting can be via teleconference, or it may necessitate a second written response to the
        vendor.

        If the problem is resolved, a written resolution of the problem is prepared by Purchasing
        Services and shared with all parties involved, minimally with the department and the
        appealing vendor.

        3RD VENDOR APPEAL – Director of Purchasing Services Responds
        In the event consensus is not reached, the vendor will be asked to present reasons why he/she
        still believes they have a valid appeal in a meeting with the Director of Purchasing Services
        along with the category manager and requesting department.
         The Director of Purchasing Services may seek the advice of the University Office of the
         General Counsel or Controller as needed.

      When a consensus is reached, a written resolution is prepared by Purchasing Services and shared
      with all parties involved.

II.   APPEALS PROCESS FOR PROPOSALS

      BACKGROUND
      Requests for Proposals are issued by Purchasing Services for goods and services greater than
      $50,000 where several factors beyond the cost are critical to making the best procurement
      decision for the University of Minnesota. These criteria are ranked and scored for each supplier
      and the supplier with the highest overall score on cost and the identified criteria is awarded the
      business.

      VENDOR APPEAL PROCESS
      In the event that a written appeal is received regarding a proposal award, the following procedure
      will be followed:

         1ST VENDOR APPEAL – Category Manager Responds
         The category manager responds in writing with the proposal scoring from the appealing
         vendor, and details where the vendor fell short of the winning vendor. The vendor is allowed
         a reasonable time to respond. If there is no further appeal, the situation is considered
         resolved.

         2ND VENDOR APPEAL – The Category Manager and Department Respond
         If a second written appeal is received, the category manager will arrange a meeting between
         the vendor, category manager, and department. This meeting can take place in person or via
         teleconference.

         If the problem is resolved, a written resolution of the problem is summarized by the category
         manager and shared with all parties, and a copy put into the proposal file.

         3RD VENDOR APPEAL – Director of Purchasing Services Responds
         In the event consensus is not reached, the vendor will be asked to present reasons why he/she
         still believes they have a valid appeal in a meeting with the Director of Purchasing Services
         along with the category manager and requesting department.

         The Director of Purchasing Services may seek the advice of the University Attorneys or
         Controller as needed.

      When a consensus is reached, a written resolution is prepared by Purchasing Services and shared
      with all parties involved.
III. APPEALS PROCESS-PURCHASING PRACTICES

   BACKGROUND
   The Board of Regents of the University of Minnesota has delegated the purchase of goods and
   services to the Purchasing Services Department and has established basic policy for the
   Purchasing Services Department in the Regents Purchasing Policy.

   These policies are supported by the University of Minnesota Financial Policies and by
   Purchasing's internal Policies and Procedures as established by the Director of Purchasing
   Services.

   VENDOR APPEAL PROCESS
   In the event that a written appeal is received regarding a Purchasing Services practice, the
   following procedures will be followed:

      1ST VENDOR APPEAL – Category Manager Responds
      The vendor's written appeal will be forwarded to the appropriate category manager for
      response. After the category manager's response the vendor has a reasonable time to make
      further appeal. If there is no further appeal, the situation is considered resolved.

      2ND VENDOR APPEAL – The Associate Director Responds
      If the vendor submits a second written appeal. the Associate Director will work with the
      vendor on resolving the problem. If the problem is resolved, a written resolution of the
      problem is prepared by Purchasing Services.

      3RD VENDOR APPEAL – Director of Purchasing Services Responds
      In the event consensus is not reached, the vendor will be asked present additional reasons
      why he/she still believes they have a valid appeal. This meeting will be with the Director of
      Purchasing Services.

      The Director of Purchasing Services may seek the advice of the University Attorneys or
      controller as needed.

   Whenever a consensus is reached, a written resolution will be shared with all parties involved.

   The Director of Purchasing Services will be responsible for any changes to Purchasing Policy or
   procedures that may be necessary.

                                   END OF ATTACHMENT I
Attachment J: Bid Specification/Forms

                                                   BIDDING
Bid Item 1

Furnish and deliver 15 kV Cable (500 kcmil) and 600V Ground Wire per Specifications in Section 26-05-13.16
and Quantities Identified in Appendix A and Appendix B

       Bid price shall be fixed at the time of the bid due date. It is the intent of the University to order this
        wire within 48 hours after the receipt of the bid and the supplier is required to hold their pricing for this
        48 hours timeframe. Please include the spot price of copper that your pricing was based upon.
       Breakout the cost per foot of the 15 kV (500 kcmil) and 600 volt cable on the attached pricing sheet
       Provide delivery schedule.
       Confirm quantities of reels and cable.
       Confirm that the 15 kV cable will be manufactured with the markings on the outside of the jacket per
        the specifications.
       Confirm that the requirements of delivery and unloading will be adhered to.
       Identify physical dimensions of 15 kV cable reels and the expected weight of each reel, including the
        cable.
       Failure to provide any of the items listed above will constitute non-conformance to the bid requirements
        and the bid will be subject to rejection.
       Cable shall be provided with reels numbered according to Appendix A & B. Cable length per reel shall
        not be shorter than lengths shown on Appendix A or B

UNIVERSITY CONTACT FOR RFP INQUIRIES:

Chip Foster via e-mail: foste048@umn.edu

The person named above shall be the only contact for all inquiries regarding any aspect of this Request for Bid
(RFB) and its requirements. Submit all communications by email to Chip Foster
DO NOT CONTACT ANY OTHER UNIVERSITY EMPLOYEE, REPRESENTATIVE, OR STUDENT
REGARDING THIS RFB UNLESS INSTRUCTED TO DO SO IN THIS RFB OR IN WRITING BY THE
UNIVERSITY CONTACT DESIGNATED ABOVE.

Last day for Questions:

The Last day for question is Noon on Friday, February 3, 2012. Questions are to be e-mailed to Chip Foster at
foste048@umn.edu

Bid Bonds:
Bid Bonds are not required for this project.

Bid Due Date:
The University Must Receive Your Bid no later than: Monday, January 30, 2012 at noon (Minnesota time) per
the time clock in Purchasing Services.
The University will not consider late Bids.

SUBMIT BY E-MAIL:
Submit your complete bid and other requested documents via e-mail. Clearly state in title of e-mail the
University Project Number and RFB Title. All bids must be submitted, via e-mailed, to Chip Foster at:
foste048@umn.edu
APPENDIX A

15kV Cable Reel Guide

500 kCM Cable - Circuit Feet


  Roll Number       Footage Per Roll
                    3 Cables             Total Cable
                    Parallelled          Footage

        1                  1150                 3450
        2                  1060                 3180
        3                  1040                 3120
        4                    0                    0
   Total Order             3250

Notes:
Cable reels must be numbered according to the "Roll Number" shown
on chart, with corresponding lengths of cable.

Cable lengths shown are MINIMUM lengths on the reel. Overages are
acceptable, but shorter lengths will not allow projects to be completed.
APPENDIX B

600 Volt Wire

250 kCM Cable - Linear Feet

   Roll Number            Footage Per Roll

       301                      1070
       302                      1120
       303                      1030
       304                        0
Total Order footage             3220

NOTE: Cable reels must be numbered according to the "Roll
Number" shown on chart, with corresponding lengths of cable.

Cable lengths shown are MINIMUM lengths on the reel.
Overages are acceptable, but shorter lengths will not allow
projects to be completed.
                                  SECTION 26 05 13.16

                                       15 KV CABLE

PART 1 -    GENERAL

1.1. SUMMARY

    A.     Section Includes

           1.   15 kV, MV-105 Tape Shielded Cable.

    B.     Quantity

           1.   As identified in Appendix A.

1.2. STANDARDS

    A.     Manufacture and design of the medium voltage cable shall conform to the following
           latest edition of reference standards:

           1.   Institute of Electrical and Electronic Engineers (IEEE):

                a.    48 – Standard Test Procedures and Requirements for Alternating Current
                      Cable Terminations 2.5 kV through 765 kV.

                b.    400 - Guide for Making High-Direct-Voltage Tests on Power Cable Systems
                      in the Field.

           2.   National Electrical Manufacturers Association (NEMA)

                a.    WC74 – Shielded Power Cable 5 – 46kV

           3.   Association of Edison Illuminating Companies (AEIC)

                a.    AEIC CS6-05

           4.   Insulated Cable Engineers Association (ICEA)

                a.    S-97-682, Standard for Utility Shielded Power Cable Rated 5-46 KV

                b.    ICEA P-45-482 Short Circuit Performance of Metallic Shields and Sheaths
                      on Insulated Cable

                c.    ICEA T-33-655 Low-Smoke, Halogen-Free (LSHF) Polymeric Cable Jackets
         5.      Underwriters Laboratory, Inc (UL).

                 a.    1072, Medium Voltage Power Cables

1.3. QUALIFICATIONS

    A.   Experience:

         1.      Manufacture shall have a minimum of 20 years of experience in manufacturing
                 medium voltage cable at voltages equal to or higher then specified, and shall
                 submit a user reference list detailing cable descriptions and dates cables were
                 manufactured, upon request.

    B.   Type:

         1.      All cables UL - listed MV-105, suitable for cable tray use.

1.4. SUBMITTALS

    A.   Shop drawings shall include, but not necessarily limited to:

         1.      Specification sheet of the cable to be manufactured for this project that verifies the
                 requirements of the specification herein.

         2.      Cable identification application and description.

         3.      Factory cable test reports.

1.5. DELIVERY

    A.   Equipment shall include freight on board (FOB) delivery to jobsite.

    B.   Arrange deliveries for Monday through Friday, 9 am to 1 pm.

         1.      Deliver products in undamaged condition, with identifiable labels intact and
                 legible.

    C.   Cable shall be inspected for compliance with specifications upon delivery.

         1.      Any cable that does not comply with the specifications will not be off-loaded from
                 the truck and will be returned at the cost of the Manufacturer.

    D.   All equipment, materials, and accessories furnished shall be delivered to the University of
         Minnesota, where Owner will receive and store the cable.
           1.   15 kV cable reels shall be unloaded from the truck to the ground by the
                Manufacturer or the Manufacturer’s Representative. Move reels into facility
                (building).

           2.   Unloading from the carrier and storing shall not constitute acceptance.

           3.   Notify Dave Weigel a minimum of 48 hours prior to delivery at 612-875-8342.

                a.    Failure to provide specified notification will result in the carrier holding the
                      cable at their expense, until the Owner can arrange a means to store the cable.

           4.   Deliver cable to:

               University of Minnesota
               C/O Dave Weigel (612-875-8342)
               Heavy Equipment Building (Bldg. 117)
               3003 Fairmount Ave SE
               Minneapolis, MN 55414
PART 2 -    PRODUCT

2.1. ACCEPTABLE MANUFACTURERS

    A.     Subject to compliance with the Specifications, the following manufacturers are
           acceptable:

           1.   15 kV Cable

                a.    Aetna Insulated Wire
                b.    General Cable
                c.    Prysmian Cables & Systems
                d.    Southwire
                e.    Okonite
                f.    Substitutions: Prior approval of Engineer required.

2.2. FABRICATION

    A.     All equipment shall be manufactured within one year of delivery.

2.3. 15 KV CABLE DESCRIPTION

    A.     General:

           1.   15kV UL Type MV-105
     a.    Suitable for tray use

     b.    Shall be suitable for use in wet or dry locations.

2.   Conductor

     a.    Annealed compact (NOT round or compressed) stranded copper conductor,
           per Section 2 of ICEA.

3.   Conductor Shield

     a.    Extruded semi-conducting resin having allowable operating temperatures
           equal to or higher than those of the insulation.

     b.    Shall be compatible with the insulation.

     c.    Shall be free stripping from the conductor.

4.   Insulation

     a.    ICEA Standard S-97-682, ethylene propylene rubber (EPR).

     b.    100% insulation (175 mils).

     c.    Indicate if insulation is lead free.

5.   Insulation Shield

     a.    Shall consist of an extruded semi-conducting thermosetting material

     b.    Extruded material shall be in accordance with AEIC CS6-05 and shall be free
           of stripping, leaving no conducting particles or other residue on the surface of
           the insulation

     c.    Shall be legibly identified as being conducting.

     d.    The use of release agents between the shield and the insulation is not
           allowed.

     e.    Shall be removable in the field at temperatures from -10 degrees Celsius to
           40 degrees Celsius.

6.   Metallic Shield

     a.    Metallic shield area shall not be less than that of one helically applied .005
           inch copper tape with a 25 percent overlap when calculated according to
           formula 4 in ICEA P-45-482.
     7.      Jacket

             a.    Shall be a thermoplastic jacket, low smoke (LS), non-halogen, flame
                   retardant material.

             b.    Shall meet the requirements for a Thermoplastic Type I material in
                   accordance with ICEA T-33-655.

B.   Reels

     1.      Cable shall be wound on reels in sets of three parallel individual conductors (not
             triplexed).

     2.      Conductor labeling (see below) shall be grouped, or paralleled, so that “1-Black”,
             “2-Red” and “3-Blue” are grouped on one reel.

     3.      The intent of this requirement is to allow a complete circuit to be pulled
             simultaneously from one reel. 600V Ground wire will be purchased and reeled
             separately.

     4.      Shall be disposable type wood construction.

     5.      Shall be shipped with full lagging strips around entire reel.

     6.      Flange of the reel shall not exceed 84 inches in diameter due to trailer limitations.

     7.      Width of reel shall not exceed 52 inches due to trailer limitations.

     8.      Overall weight of reel, including cable shall not exceed 12,000 pounds.

     9.      Shall be filled with cut lengths as indicated in Appendix A.

             a.    If any of the cut lengths identified in Appendix A result in exceeding the
                   physical requirements of the reel, as specified herein, the manufacturer shall
                   notify the Owner immediately.

     10.     Shall have watertight seals applied to all cable ends to prevent entrance of moisture
             during transit or storage.

     11.     Provide painted labels on the outside of the reel identifying the cut length of cable
             (i.e. the circuit length of the parallel cables, not the total individual length) and the
             “REEL NUMBER” designation as indicated in Appendix A.

C.   Jacket Labeling:

     1.      Cable shall be marked with the following information at intervals not exceeding
             two feet along entire length of cable:
                 a.    Manufacturer

                 b.    Voltage rating, phase, conductor size, insulation type and jacket type (e.g.
                       MV 105 15KV 100% EPR 1-BLACK 250 KCMIL LS FOR CT USE).

                       i.    NOTE: Change “250 KCMIL” to match actual cable size being
                             marked.

                 c.    Date of Manufacture.

                 d.    “UL LISTED”

                 e.    “UNIV OF MN”

           2.    Information in quotes is to be written verbatim.

           3.    Phase identification is “1-BLACK”or “2-RED” or 3-BLUE”

           4.    Prior to manufacture, submit shop drawing indicating proposed text on cable.

PART 3 -    EXECUTION

3.1. CABLE TESTING

    A.     Perform an insulation resistance test (Hi-Pot) in accordance with UL 1072.

    B.     Provide a factory certified graph of the test results to the University a minimum of two
           normal work days prior to delivery. Testing shall be completed a maximum of 30 days
           prior to delivery.




                                  END OF SPECIFICATION
                                      SECTION 26-05-19

                                      600V Ground Wire

PART 4 -    GENERAL

4.1. SUMMARY

    A.     Section Includes

           1.    600 volt ground wire to be used with 15 kV circuits.

    B.     Quantity

           1.    As identified in Appendix B.

4.2. STANDARDS

    A.     Manufacture and design of the wire shall conform to the following latest edition of
           reference standards:

           1.    Insulated Cable Engineers Association (ICEA)

                 a.      S-95-698/WC70 – Non-Shielded 0-2kV Cables

           2.    Underwriters Laboratory, Inc (UL).

                 a.      83 - Thermoplastic-Insulated Wires and Cables

4.3. QUALIFICATIONS

    A.     Experience:

           1.    Manufacture shall have a minimum of 10 years of experience in manufacturing 600
                 volt cable.

4.4. SUBMITTALS

    A.     Shop drawings shall include, but not necessarily limited to:

           1.    Specification sheet of the cable to be manufactured for this project that verifies the
                 requirements of the specification herein.

4.5. DELIVERY

    A.     Equipment shall include freight on board (fob) delivery to jobsite.
     B.      Arrange deliveries for Monday through Friday, 9 am to 1 pm.

             1.    Deliver products in undamaged condition, with identifiable labels intact and
                   legible.

     C.      Cable shall be inspected for compliance with specifications upon delivery.

             1.    Any cable that does not comply with the specifications will not be off-loaded from
                   the truck and will be returned at the cost of the Manufacturer.

     D.      All equipment, materials, and accessories furnished shall be delivered to the University of
             Minnesota, where the Owner will receive, unload and store the cable.

             1.    Unloading from the carrier and storing shall not constitute acceptance.

             2.    Notify Dave Weigel a minimum of 48 hours prior to delivery at 612-875-8342.

                   a.    Failure to provide specified notification will result in the carrier to hold the
                         cable at their expense, until the Owner can arrange a means to unload the
                         cable.

             3.    Deliver cable to:

                 University of Minnesota
                 C/O Dave Weigel (612-875-8342)
                 Heavy Equipment Building (Bldg. 117)
                 3003 Fairmount Ave SE
                 Minneapolis, MN 55414
PART 5 -      PRODUCT

5.1. ACCEPTABLE MANUFACTURERS

     A.      Subject to compliance with the Specifications, the following manufacturers are
             acceptable:

            1.     Aetna Insulated Wire
            2.     Cerro Wire & Cable
            3.     Colonial Wire & Cable
            4.     General Cable
            5.     Prysmian
            6.     Southwire
            7.     United Copper
5.2. Substitutions: Prior written approval of Engineer required.

5.3. FABRICATION
    A.     All wire shall be manufactured within one year of delivery.

5.4. DESCRIPTION

    A.     General:

           1.   Type THHN.

                a.    600 volt rated PVC insulation.

                b.    Stranded copper, single conductor, 7 or 19 strand.

                c.    Nylon jacket.

                d.    75C wet and 90C dry.

                e.    Jacket color shall be Green.



    B.     Jacket Labeling:

           1.   Cable shall be marked with the following information at intervals not exceeding
                two feet along entire length of cable:

                a.    Manufacturer

                b.    Voltage rating, conductor size, insulation type and jacket type.

                c.    “UNIV OF MN”

                      i.      Information in quotes is to be written verbatim.

PART 6 -    EXECUTION (Not Applicable)




                                   END OF SPECIFICATION
                                        Cable Pricing Sheet
   15 kV Cable
Bidder’s Name &     15 kV    Spot         Delivery 15 kV        Confirmation   Confirmation   Dimensions
Wire Manuf.         Cable    price of     Time     Reel         that 15 kV     of Delivery    and
                    Bid/ft   copper                Quantities   Cable          and            Weights of
                    500                            Identified   Markings       Unloading      15 kV
                    KCM                            (Yes/No)     Per Spec       Per Spec       Reels
                                                                (Yes/No)       (Yes/No)       Identified
                                                                                              (Yes/No)




  600V Ground Cable
  Bidder’s Name & Wire       600V         Spot       Delivery 600V Reel    Confirmation
  Manuf.                     Cable        price of   Time     Quantities   of Delivery
                             Bid/ft       copper              Identified   and
                                                              (Yes/No)     Unloading
                                                                           Per Spec
                                                                           (Yes/No)




                                      END OF ATTACHMENT J

				
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