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SUPPLEMENTARY CONDITIONS
The following supplements modify the "General Conditions of the Contract for Construction," AIA Document A201, 2007. Where a portion of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered portions of the General Conditions shall remain in effect.
Add the following Subparagraph 7.3.11 to Paragraph 7.3:
7.3.11In Subparagraph 7.3.7, the amount for overhead and profit included in the total cost to the Owner shall be based on the following schedule and clarifications:
.1For the Contractor, for Work performed by the Contractor’s own forces and for materials purchased directly by the Contractor, 10percent of the actual cost for labor and materials.
.2For the Contractor, for Work performed by the Contractor’s Subcontractors, 5percent of the amount due to the Subcontractor.
.3For each Subcontractor or subsubcontractor involved, for Work performed by that Subcontractor’s or subsubcontractor’s own forces, 10percent of the actual cost for labor and materials.
.4For each Subcontractor, for Work performed by the Subcontractor’s subsubcontractors, 5percent of the amount due the subsubcontractor.
.5The cost of premiums for additional bonds and insurance required because of changes in the Work shall not be included in the Contractor’s costs on which the allowance for overhead and profit is applied, but shall be added as a separate line item to the cost for the change. Calculation of the added cost for additional bonds and insurance shall not exceed the percentage of the total Contract Amount that the Contractor used to determine the cost for bonds and insurance quoted on the Contractor’s original Schedule of Values for the Project. The Contractor shall provide substantiating data to support claims for additional costs for bonds and insurance premiums, if requested by the Owner or the Architect.
.6Except where the Owner is tax exempt, the additional cost associated with sales, consumer, use, and similar taxes required because of changes in the Work shall not be included in the Contractor’s costs, Subcontractor’s cost, or subsubcontractor’s cost on which the allowance for overhead and profit is applied, but shall be added as a separate line item to the cost of the change and, if applicable, passed on as a separate line item to the Contractor by the Subcontractors and subsubcontractors for inclusion into the Contractor’s final Change Order Amount.
.7Permit and inspection fees required by governing authorities shall not be included as a part of a cost proposal, unless a new permit or additional inspections are required due to the changes in the Work. If additional permit or inspection fees are required by governing authorities because of changes in the Work, the additional fees shall not be included in the Contractor’s cost on which the allowance for overhead and profit is applied, but shall be added as a separate line item to the cost of the change. The Contractor shall substantiate additional costs by way of submitting applicable invoices from governing authorities.
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.8The cost for the rental of machinery and equipment shall not be included as a part of a cost proposal by the Contractor, Subcontractors, or subsubcontractors, unless such machinery or equipment is rented from an outside party; is required specifically by the change in the Work and is related to hoisting needs, excavation, or earthwork; or represents major equipment needs beyond what the Contractor, Subcontractors, or subsubcontractors would typically have available as a part of their equipment inventory.
.9The actual cost of labor associated with a change in the Work on which the allowance for overhead and profit shall apply shall be the actual cost of the labor to perform the required work associated with a change in the Work. Labor costs shall be itemized by each trade involved, labor hours required by each trade for the change, and the actual rate paid the workers for each trade in accordance with the established management labor agreements. The actual labor rate shall include the base rate, taxes, insurance, and fringe benefits. Labor hours shall be the labor time anticipated to be expended by each party by trade performing the work to make such change.
.10The actual material cost associated with a change in the Work, on which the allowance for overhead and profit shall apply, shall be the amount paid or to be paid by the Contractor, Subcontractors, or subsubcontractors for materials, supplies, and equipment permanently incorporated into the Work. Such actual material cost shall not include sales, consumer, use, or similar taxes which may be required. Actual material costs shall be substantiated by actual invoices or quotes. The cost for materials shall not exceed the typical and customary cost of such items available in the geographic area of the Project. Sales, consumer, use, or similar taxes which apply to the cost of material shall be carried as a separate line item as specified in Clause.6 above.
.11The percentages allowed for overhead and profit as stated within Subparagraph 7.3.11 shall include the following:
(1)All costs associated with the processing of the changes to the Work;
(2)Field and office design, engineering, estimating, administration, and supervision costs, including the field superintendent and foreman, project estimator, project manager, and all other administrative and supervisory personnel;
(3)Use of replacement of tools;
(4)Shop burden;
(5)Cost of safety measures, including those imposed by OSHA;
(6)Shipping, drayage, and demurrage;
(7)Parking and travel subsistence charges;
(8)Clean up and debris removal;
(9)Permits, unless a new type of permit is required;
(10)Preparation of record or as-built drawings;
(11)Cost of tools and consumable supplies and expendable items to perform the Work;
(12)Cost of bonds, unless an increase in premium occurs due to the change in the Work; and
(13)Cost of insurance, unless an increase in premium occurs due to the change in the Work.
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.12In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their proprietary can be seen by inspection, shall be accompanied by a complete itemization of costs, including labor, materials, and subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are subcontracts, such items shall also be itemized.
Add the following Article 16:
ARTICLE 16 - EQUAL OPPORTUNITY
16.1Policies of Employment
16.1.1The Contractor and the Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, pregnancy, affectional preference, disability, age, marital status, or status with regard to public assistance. The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, ancestry, national origin, sex, sexual orientation, pregnancy, affectional preference, disability, age, marital status, or status with regard to public assistance. Such actions 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of non-discrimination.
16.1.2The Contractor and the Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, pregnancy, affectional preference, disability, age, marital status, or status with regard to public assistance.
16.1.3The Contractor shall adhere to the affirmative action requirements bound in this Project Manual as appendix to Section 002113, Instructions to Bidders. See "Affirmative Action Bid Specification Statement".
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Add the following Article 17:
ARTICLE 17 - HARASSMENT AND VIOLENCE
17.1The School District's General Statement of Policy
17.1.1Sexual (including sexual orientation and affectional preference), ethnic/racial harassment, and harassment based on religious beliefs or practices and disability are forms of discrimination which violate either Section 703 of TitleVII of the Civil Rights Act of 1964, as amended, 42U.S.C. Section 2000e, et. seq. and/or the Minnesota Human Rights Act, Minnesota Statute Sections 363.01363.15 (1993). Sexual (including sexual orientation and affectional preference), ethnic/racial, religious or disability violence is a physical act of aggression directed toward a person or groups of persons because of their sex, ethnic/racial background, religion or religious practices, disability, sexual orientation or affectional preference. Violence directed toward a person or persons because of the person's sex, race/ethnicity, religion or religious practices, disability, sexual orientation or sexual preference is also violative of these same statutes and may also represent a criminal law violation.
17.1.2It is the policy of Minneapolis Special School District No. 1 (the "School District") to maintain a learning and working environment free of harassment based on sex, race/ethnicity, religion or religious practices, disability, sexual orientation or affectional preference, and other forms of harassment and violence. The School District prohibits any form of sexual, ethnic, religious, disability, sexual orientation or affectional preference, or other improper harassment and violence.
17.1.3It shall be a violation of this policy for any pupil, teacher, administrator or other school personnel of the School District to harass a pupil, teacher, administrator or other school personnel through conduct or communication of a sexual nature or regarding race/ethnicity, religion or religious practices, disability, sexual orientation or affectional preference, and other forms of harassment as defined by this policy. (For purposes of this policy, school personnel includes school board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the District.)
17.1.4It shall be a violation of this policy for any pupil, teacher, administrator or other school personnel of the School District to inflict, threaten to inflict, or attempt to inflict violence relating to sexual (including sexual orientation and affectional preference), racial/ethnic, religious, or disability upon any pupil, teacher, administrator or other school personnel.
17.1.5The School District will investigate all complaints, either formal or informal, verbal or written, of actions or statements which may constitute sexual, ethnic/racial, religious, disability, sexual orientation or affectional preference or other improper harassment or violence and will discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who harasses or is violent toward any pupil, teacher, administrator or other school personnel of the School District. The School District also reserves the right to discipline any student or employee for derogatory sexual, ethnic/racial, religious, disability, sexual orientation or affectional preference related statements or conduct which does not constitute illegal harassment or violence on the aforementioned bases but nonetheless are inappropriate.
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17.2Sexual, Ethnic/Racial, Religious, Disability, Sexual Orientation and Affectional Preference
Harassment/Violence Defined
17.2.1Sexual harassment (including sexual orientation and affectional preference) definition.
.1Sexual Harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, of obtaining an education or of transacting business with the School District; or
Submission to or rejection of that conduct or communication by a person is used as a factor in decisions affecting that individual’s employment, education or business with the School District; or
That conduct or communication has the purpose or effect of substantially or unreasonably interfering with a person’s employment, education or business with the School District, or creating an intimidating, hostile or offensive employment, education or business environment.
.2Sexual harassment includes, but is not limited to, the following behaviors:
Unwelcome statements of a sexual nature;
Unwelcome solicitation or pressure for sexual activity;
Intentional brushing against, patting or pinching of another’s body;
Requests for sexual favors accompanied by implied or overt threats concerning an individual’s employment, education or business with the School District;
Any sexually motivated unwelcome touching.
.3Sexual violence is a physical act of aggression that includes a sexual act or sexual purpose.
17.2.2Racial/ethnic harassment definition. Racial/ethnic harassment consists of physical or verbal conduct relating to an individual’s race/ethnicity when the conduct:
.1Has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;
.2Has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or
.3Otherwise adversely affects an individual’s employment or academic opportunities.
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17.2.3Religious harassment definition. Religious harassment consists of physical or verbal conduct which is related to an individual’s religion when the conduct:
.1Has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;
.2Has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or
.3Otherwise adversely affects an individual’s employment or academic opportunities.
17.2.4Disability harassment definition. Disability harassment consists of physical or verbal conduct which is related to an individual’s disability when the conduct:
.1Has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;
.2Has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or
.3Otherwise adversely affects an individual’s employment or academic opportunities.
17.2.5Other forms of general harassment definition. General harassment is defined as acts of a derogatory nature directed towards an individual which is usually associated with, but not limited to, an individual’s accent or language background, weight, height, status with regard to public assistance, gender, national origin, association with person’s who are subjected to harassment based on the categories identified above, subordinate relationships (in class or on the worksite), student to staff relationships, and peer to peer relationships, when the act:
.1Has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;
.2Has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or
.3Otherwise adversely affects an individual’s employment or academic opportunities.
17.2.6Sexual violence definition.
.1Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another’s intimate parts, or forcing a person to touch any person’s intimate parts. Intimate parts, as defined in Minnesota Statute Section 609.341 Subd.5, includes the primary genital area, groin, inner thigh, buttocks, or breast.
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.2Sexual violence may include, but is not limited to:
Touching, patting, grabbing, or pinching another person’s intimate parts, whether that person is of the same sex or the opposite sex;
Coercing, forcing, or attempting to coerce or force the touching of anyone’s intimate parts;
Coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another; or
Threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.
In any of these cases listed above, touching of the clothing covering the immediate area of the intimate parts.
17.2.7Racial/ethnic violence definition. Racial violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race.
17.2.8Religious violence definition. Religious violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion.
17.2.9Disability violence definition. Violence based on a disabling condition is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, the person’s disability.
17.2.10Assault definition. Assault is:
.1An act done with intent to cause fear in another of immediate bodily harm or death;
.2The intentional infliction of, or attempt to, inflict bodily harm upon another; or
.3The threat to do bodily harm to another with present ability to carry out the threat.
17.3Reprisal
17.3.1The School District will discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who retaliates against any person who reports alleged sexual, racial/ethnic, religious, or disability harassment or violence or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
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ARTICLE 18 - PROJECT LABOR AGREEMENT
Refer to the Document titled “Project Labor Agreement”, Pages 1 - 7, and Project Labor Agreement Letter, which are included as an appendix to this Section for provisions to be incorporated under Article 18 and included as part of this Contract.
Reference in Project Labor Agreement to “Schedule A” is in reference to the complete Minneapolis Building and Construction Trades Council Collective Bargaining Agreements, which are available for review upon request.
This information is available for review, by appointment at the Design and Construction Division of the Facilities Department of Minneapolis Public Schools, 1250 West Broadway Avenue. This information can also be reviewed by contacting John Williams at the Council Office, Room 556, 312Central Avenue South, Minneapolis, Minnesota.
Deliveries to or hauling refuse or other items from construction projects are not subject to the Project Labor Agreement bound into the Project Manual.
ARTICLE 19 - SUBCONTRACTORS' INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE
Refer to the Document titled “Subcontractors' Independent Contractor Exemption Certificate”, which is included as an appendix to this Section for provisions to be incorporated under Article 19 and included as part of this Contract.
END OF DOCUMENT
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