MNAW Imaging Renovation Furniture, Fixtures & Equipment (FF&E)- Bid Package #3 Imaging Equipment= - MONMTSKMM

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MNAW Imaging Renovation Furniture, Fixtures & Equipment (FF&E)- Bid Package #3 Imaging Equipment= - MONMTSKMM
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                                Specifications

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    Furniture, Fixtures & Equipment
             (FF&E)- Bid Package #3
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MNAW Imaging Renovation Furniture, Fixtures & Equipment (FF&E)- Bid Package #3 Imaging Equipment= - MONMTSKMM
SECTION 00 01 01

                          PROJECT MANUAL TITLE AND REGISTRATION SHEET

MNAW HUMAN SERVICES IMAGING
FURNITURE, FIXTURES & EQUIPMENT- BP#3- IMAGING EQUIPMENT
CLOQUET, MINNESOTA

DATE: January 18, 2022

INTERIOR DESIGN

DSGW ARCHITECTS, INC.
2 West First Street
Suite 201
Duluth, MN 55801
CONTACT:         Carlie A. Kemp, Senior Interior Designer
(218) 727-2626 phone
(218) 722-7467 fax

PROJECT NO.: 0021076.00

© DSGW. All rights reserved.
The interior design and architectural works depicted herein are the sole property of DSGW and may not be
constructed or used without its express written permission. No permission to modify or reproduce any of these
interior design or architectural works, including without limitation the construction of any building, is expressed or
should be implied from delivery of preliminary drawings or unsealed construction drawings. Permission to construct
the building depicted in sealed construction drawings is expressly conditioned on the full and timely payment of all
fees otherwise due DSGW and, in the absence of any written agreement to the contrary, is limited to a one-time use
on the site indicated on these plans.

                                                END OF SECTION

21076.0 / MNAW Imaging
Renovation                                   00 01 01 - 1                      PROJECT MANUAL TITLE
FF&E- BP#3                                                                       AND REGISTRATION SHEET
MNAW Imaging Renovation Furniture, Fixtures & Equipment (FF&E)- Bid Package #3 Imaging Equipment= - MONMTSKMM
SECTION 00 01 10

                                  TABLE OF CONTENTS

MNAW IMAGING RENOVATION
FURNITURE, FIXTURES & EQUIPMENT- BID PACKAGE # 3- IMAGING EQUIPMENT
CLOQUET, MINNESOTA

DIVISION 0           PROCUREMENT AND CONTRACTING REQUIREMENTS
       00 01 01      PROJECT MANUAL TITLE AND REGISTRATION SHEET
       00 01 10      TABLE OF CONTENTS
       00 11 13      ADVERTISEMENT FOR BIDS
       00 21 13      INSTRUCTIONS TO BIDDERS (AIA A701, 1997)
       00 22 13      SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
       00 41 12      BID FORM INSTRUCTIONS
       00 41 13      BID FORM – STIPULATED SUM
       00 43 25      REQUEST FOR APPROVAL OF SUBSTITUTION
       00 50 00      LIST OF CONTRACT FORMS
       00 72 00      GENERAL CONDITIONS (AIA A251, 2007)
       00 73 00      SUPPLEMENTARY CONDITIONS
                     1. #12-94 TRIBAL EMPLOYMENT RIGHTS ORDINANCE
                     2. #5-84 BUSINESS LICENSE ORDINANCE COMPLIANCE PLAN
                     3. CONTRACTOR TESTING REQUIREMENTS
                     4. ST3 MINNESOTA REVENUE CERTIFICATE OF EXEMPTION
                     5. TRIBAL AND FEDERAL BIDDING CONDITIONS
                     6. CONSTRUCTION CONTRACTING CONDITIONS
                     7. FDL VENDOR SCREENING GUIDELINES

DIVISION 1           GENERAL REQUIREMENTS
       01 10 00      SUMMARY OF THE WORK
       01 20 00      PRICE AND PAYMENT PROCEDURES
       01 23 00      SUBSTITUTIONS
       01 33 00      SUBMITTALS
       01 45 00      QUALITY CONTROL
       01 50 00      TEMPORARY FACILITIES AND CONTROLS
       01 60 00      MATERIAL AND EQUIPMENT
       01 74 00      CLEANING
       01 77 00      CONTRACT CLOSE-OUT
       01 78 23      OPERATING & MAINTENANCE DATA

DIVISION 11          EQUIPMENT
       11 77 00      RADIOLOGY EQUIPMENT

CUTSHEETS
     R100            XRAY SYSTEM
     R100            REQUIRED FEATURES & VENDOR RESPONSE FORM
     R200            MAMMOGRAPHY SYSTEM
     R200            REQUIRED FEATURES & VENDOR RESPONSE FORM

DRAWINGS (8-1/2” X 11”)
     1              FF&E LAYOUT PLAN- BP#3

                                   END OF SECTION

21076.0 / MNAW Imaging             00 01 10 - 1           TABLE OF CONTENTS
Renovation FF&E- Bid Package #3
MNAW Imaging Renovation Furniture, Fixtures & Equipment (FF&E)- Bid Package #3 Imaging Equipment= - MONMTSKMM
SECTION 00 11 13

                                      ADVERTISEMENT FOR BIDS

MNAW IMAGING RENOVATION
FURNITURE, FIXTURES, AND EQUIPMENT- IMAGING EQUIPMENT
CLOQUET, MINNESOTA

Notice is hereby given that bids will be received by DSGW Architects, Inc. on behalf of the Owner by e-
mail only until 11:00 AM, prevailing time, on February 4, 2022 for the MNAW Imaging Renovation
FF&E- Bid Package #3- Imaging Equipment. Bids will be reviewed and referred to the Tribal Council for
consideration.

Bid Documents (specifications, cutsheets, and drawings) will only be available electronically. Free access
via ShareFile may be obtained by contacting the Architect: DSGW Architects, Inc., 2 West 1st Street,
Suite 201, Duluth, MN 55802, or by phone (218) 727-2626.

No Bidder shall modify, withdraw, or cancel his Bid or any part thereof for thirty (30) days after the time
designated for the receipt of bids. The Owner reserves the right to reject any and all proposals or bids
and to waive any defects, irregularities or information in any proposal or bid, and to award the contracts to
other than the lowest bidder, if in their discretion the interests of the project will be best served thereby.

All bids shall be accompanied by a certified check or bid bond in the amount of five (5) percent of the
amount of the gross bid payable to the Fond du Lac Reservation, as liquidated damages for breach of
contract if the bidder refuses or neglects to enter into the contract as per his bid.

Performance/Payment Bonds are required.

Wage Rate Requirements will be required for all workers employed at the site.

The Fond du Lac Reservation is a tax exempt entity; no sales tax shall be included in the contractors bid
amounts. The Owner will furnish the Low Bidder with a letter describing the tax exempt status and
procedures to be followed regarding sales tax exemption.

The Fond du Lac Reservation requires that the work force employed at the site shall conform to the
TERO Policy. There is a 25% TERO employment goal for this project.

E-mail bids will be accepted on or before the date and time of the Bid Closing. E-mail bid shall be sent
to: DRowan@dsgw.com.
                                            END OF SECTION

21076.0 / MNAW Imaging                        00 11 13 - 1           ADVERTISEMENT FOR BIDS
Renovation FF&E- Bid Package #3
MNAW Imaging Renovation Furniture, Fixtures & Equipment (FF&E)- Bid Package #3 Imaging Equipment= - MONMTSKMM
SECTION 00 21 13

                                      INSTRUCTIONS TO BIDDERS

PART I GENERAL

1.01     INSTRUCTIONS TO BIDDERS

A.     The "Instructions to Bidders", pages one through six inclusive, AIA Document No. A701, 1997
       Edition, as published by the American Institute of Architects, Article 1 thru 8, inclusive, are hereby
       made a part of the Contract Documents to the same extent as if bound herein and as
       supplemented hereinafter. A copy of A701 is on file in the Architect's office.
B.     The “Supplementary Instructions to Bidders”, Section 00 22 13, shall modify, replace or define
       portions of AIA A701, Instructions to Bidders, 1997 Edition.

                                            END OF SECTION

21076.0 / MNAW Imaging                               00 21 13 - 1      INSTRUCTIONS TO BIDDERS
Renovation FF&E- Bid Package #3
SECTION 00 22 13

                          SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

THE FOLLOWING SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SHALL MODIFY, REPLACE, OR
DEFINE PORTIONS OF THE A.I.A. INSTRUCTIONS TO BIDDERS, A701, 1997 EDITION. THOSE
PORTIONS OF THE A.I.A. INSTRUCTIONS TO BIDDERS, A701, WHICH ARE NOT ALTERED BY
THESE SUPPLEMENTARY GENERAL CONDITIONS SHALL REMAIN IN EFFECT AS PUBLISHED.

1.     ARTICLE 1 - DEFINITIONS

       ADD the following Paragraph:

       1.10    The word "product" herein means any material, equipment, assembly, manufacturer,
               brand, trade name, element, item or similar description as applicable. Wherever a
               product is named on the Drawings or in the Specifications, the phrase "or acceptable
               substitute in the opinion of the Architect" shall be implied throughout the Specification,
               whether specifically noted or not.

2.     ARTICLE 3 - BIDDING DOCUMENTS

       ADD the following Subparagraphs after paragraph 3.1as follows:

       3.1.5   Drawings and Specifications may be examined at the locations listed in the Advertisement
               for Bids, Section 00 11 13.
       3.1.6   Additional sets of Bidding Documents may be purchased from the Architect upon
               payment of the sum noted in the Advertisement for Bids, Section 00 11 13. This amount
               is not refundable.

       ADD paragraph 3.2.4 as follows:

       3.2.4   It is the Bidder's (and Contractor's) responsibility to bring all discrepancies, ambiguities,
               omissions, or matters in need of clarification to the attention of the Architects and/or
               Interior Designer for interpretation and decision.

       ADD the following Subparagraphs after paragraph 3.3.1:

       3.3.1.1 Any product or manufacturer used as basis of the Specifications shall generally set the
               criteria. It shall be expressly understood that any other product or manufacturer listed in
               the Specification or any addenda as acceptable will be acceptable provided they fully
               comply with the requirements and match the basic and essential criteria of the product
               used for base Specification, including the level of workmanship quality, as determined by
               the Architect. For final acceptance for use in the work, the Architect shall have the right to
               accept or reject proposed deviations. Should a proposed product be unable to meet
               requirements, the product shall not be used.
       3.3.1.2 Where two or more products are shown or specified, the Bidder and Contractor has his
               option of which to use, provided the product proposed will meet all requirements of the
               Specifications and the design criteria. The right is reserved by the Architect to accept or
               reject proposed deviations in design, function, construction or similar differences that will
               affect design intent or quality.
       3.3.1.3 For any same or like product for this Project, only one brand, manufacturer, source or
               type shall be used, as approved by Architect.
       3.3.1.4 For products specified or shown by describing proprietary items, model numbers, catalog
               numbers, manufacturers, trade names or similar reference, each Bidder obligates himself
               to submit bids and accept awards of a contract based upon the use of such products.
               The reference is intended to establish the measure for the quality which has been
               determined as requisite and necessary for the Project.

21076.0 / MNAW Imaging                           00 22 13 - 1          INSTRUCTIONS TO BIDDERS
Renovation FF&E- Bid Package #3
REVISE paragraph 3.3.2 as follows:

       3.3.2       No substitutions will be considered prior to receipt of bids unless written request for
                   approval has been received by the Architect at least seven (7) days prior to the Date for
                   receipt of Bids...

       ADD the following at the end of paragraph 3.3.3:

                   ...If a written reply is required, the Contractor shall furnish two (2) copies of the request
                   and a self-addressed, stamped envelope. FAX REQUESTS WILL NOT BE ACCEPTED.

       ADD paragraph 3.3.5 as follows:

       3.3.5       The supplier or manufacturer providing any acceptable product shall bear the cost of any
                   required modifications to spaces, services, utilities and other features as the result of the
                   use of his product, including but not limited to, larger capacity mechanical or electrical
                   service, devices or utilities resulting from acceptance of the product for bidding purposes,
                   as well as to pipes, conduits, ducts, and controls for conveying, distributing, and
                   controlling those services or utilities; as well as insulation, wrapping, coatings, or other
                   integral features of the lines or items conveying those lines, and additional costs of the
                   products installation.

3.     ARTICLE 4 - BIDDING PROCEDURES

       4.1         FORM AND STYLE OF BIDS

       ADD the following at the end of paragraph 4.1.1:

       . . . . .     Photocopies of these forms are acceptable. DO NOT REMOVE BID FORMS FROM
                   BIDDING DOCUMENTS.

4.     ARTICLE 6 – POST BID INFORMATION

       ADD the following paragraph:

       6.4         TIME AND COMPLETION

       6.4.1       Each Bidder agrees to commence work on or before a date to be specified in a written
                   “Notice to Proceed” signed by the Owner, and to fully complete the project as stipulated in
                   Section 01 10 00.

5.     ARTICLE 7 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

       7.1         BOND REQUIREMENTS

       ADD the following paragraph:

       7.1.4       Each Contractor shall furnish both a Performance Bond and Labor and Material
                   Payment Bond. The Performance Bond to cover the all guarantees during their entire
                   term. See also Section 00 73 00, Article 14.3.

21076.0 / MNAW Imaging                               00 22 13 - 2          INSTRUCTIONS TO BIDDERS
Renovation FF&E- Bid Package #3
6.     ADDITIONAL LAWS AND REGULATIONS

       A.     The Bidder's attention is directed to the fact that all applicable State laws, County and
              municipal ordinances and the Rules and Regulations of all authorities having jurisdiction
              over the construction of the project shall apply to the contract throughout and they will be
              deemed to be included in the Contract the same as though written. Refer to section 00
              31 00 for further Tribal Conditions applicable to this project.
       B.     Sales Tax: This project has sales tax exempt status. Bidders shall not include sales
              tax amounts for materials in their bids. Contractual requirements for sales tax
              exemption will be provided by the Owner.

                                         END OF SECTION

21076.0 / MNAW Imaging                         00 22 13 - 3          INSTRUCTIONS TO BIDDERS
Renovation FF&E- Bid Package #3
SECTION 00 41 12

                                    BID FORMS - INSTRUCTIONS

Loose copies or photo copies of the bid form following this Section shall be used by the bidder in
submitting his bid (do not remove the attached forms from this document).

The Bidder shall complete all the following items or the bid may be rejected. (See Sections 00 21 13 and
00 22 13 for additional requirements).

1.     Date the Bid.
2.     Provide firm name, address, and contact person, phone and fax numbers in each area indicated.
3.     Clearly state the amount of the Base Bid(s), for which the contractor is submitting a price, in
       Written and Numerical Form.
4.     Complete itemization pricing schedule. The total of your itemized bid shall equal the Base Bid
       listed.
5.     Acknowledge receipt of all Addenda.
6.     Sign form with typed or printed name, signature and title.
7.     Complete and provide any remaining required items.
8.     NO FAX BIDS WILL BE ACCEPTED.
9.     Complete Compliance Plan included in Section 00 31 00 and include with submitted bid.
10.    Complete Item R100 & R200 Required Features & Vendor Response forms and include with
       submitted bid.

                                          END OF SECTION

21076.0 / MNAW Imaging                         00 41 12 - 1             BID FORM INSTRUCTIONS
Renovation FF&E- Bid Package #3
SECTION 00 41 13

                                     BID FORM – STIPULATED SUM

PROJECT:        MNAW IMAGING RENOVATION – FF&E BID PACKAGE #3- IMAGING EQUIPMENT
                CLOQUET, MINNESOTA

ARCHITECTURE AND INTERIOR DESIGN:
           DSGW ARCHITECTS, INC.
           2 WEST FIRST STREET
           SUITE 201
           DULUTH, MINNESOTA 55802

DATE

PLEASE TYPE
OFFICIAL FIRM NAME:

OFFICIAL STREET ADDRESS:

        CONTACT PERSON:

        TELEPHONE NUMBER:

        FAX NUMBER:

        E-MAIL:

PROPOSAL
The undersigned, having carefully examined the site, local and all conditions affecting the Work, the
Drawings, Specifications, and Cutsheets, Addenda and Information to Bidders (referred to herein collectively
as the Contract Documents) hereby agrees to enter into a Lump Sum Contract in accordance with the
Contract Documents to furnish all labor, materials, equipment, and other items of expense necessary to
perform and complete the work contained in the bid sections, as enumerated hereinafter for the total sum (in
lawful money of the United States of America) set forth opposite the respective bid section.

BASE BID:       SEE SECTION 01 23 00 ALTERNATES & SUBSTITUTIONS FOR DESCRIPTIONS:

BASE BID:

FOR THE SUM OF

                                                                    DOLLARS ($                     ).

21076.0 / MNAW Imaging          00410 - 1                                               BID FORM
Renovation FF&E- Bid Package #3
ITEMIZED BIDS:
ITEM CODE      QUANTITY                     PRODUCT BID                      PRODUCT             EXTENDED
                                                                            COST EACH            ITEM COST
R100                     1

R200                     1

OTHER COSTS          All items                    N/A

INSTALLATION         All items                    N/A
LABOR

TOTAL                   N/A                       N/A                           N/A

COMPLETION TIME:
If awarded the contract, the undersigned agrees to commence work within seven days of receipt of the Notice
to Proceed. See Section 01 10 00 for intended completion of the specified work of this Contract. Specific
completion dates will be coordinated with the General Contractor.

WITHDRAWAL OF BID:
The undersigned recognizes that the Owner has expanded a great deal of time, effort and money in analyzing
the undersigned Bid and that the Owner is working on a tight time schedule, and accordingly, that the Owner
will be relying on the undersigned’s Proposal. In consideration of each of the aforementioned, the
undersigned agrees that the undersigned will not withdraw his Proposal for a period of sixty (60) days. The
undersigned agrees that neither the rejection by the Owner of this Proposal nor any other action or inaction of
the Owner’s during the aforementioned period shall entitle the undersigned to withdraw this Proposal.

PROOF OF COMPETENCY:
The undersigned agrees to furnish evidence satisfactory to the Owner that he/she and his/her subcontractors
have sufficient means and expertise to assure completion of the contract in satisfactory manner, and to
furnish such evidence within five (5) days of receipt of a written request.

OWNERS RIGHT TO REJECT OR ACCEPT:
In submitting this Bid, the Bidder understands that the right is reserved by the Owner to reject any and all Bids
for any reason including funding, and to waive any informalities in the bidding. If written notice of acceptance
of this Bid is mailed, telegraphed or delivered to the undersigned within forty-five (45) days after the opening
thereof, or at any time thereafter before his Bid is withdrawn, the undersigned agrees to execute and deliver
an Agreement in the prescribed form, and furnish the required Performance and Payment Bonds as required
by the Supplemental Conditions.

ADDENDA:

The following addenda to the Contract Documents are acknowledged:
Addenda                      Addenda                 Addenda                   Addenda
Date                         Date                    Date                      Date

21076.0 / MNAW Imaging          00410 - 2                                                   BID FORM
Renovation FF&E- Bid Package #3
OFFICIAL FIRM NAME:

       Signed:

       By:

       Name and Title:

                                      END OF BID FORM

21076.0 / MNAW Imaging          00410 - 3               BID FORM
Renovation FF&E- Bid Package #3
SECTION 00 43 25

                                REQUEST FOR APPROVAL OF SUBSTITUTION

Damberg Scott Gerzina Wagner Architects, Inc                    DATE:
MNAW IMAGING RENOVATION                                         NO.: 21076.0
FURNITURE, FIXTURES & EQUIPMENT- BP#3
IMAGING EQUIPMENT
CLOQUET, MINNESOTA                                              BID DATE:

We hereby submit for your consideration the following product to replace the specified item for the above project.

        ITEM CODE        SPECIFIED ITEM

Proposed Substitution:

[   ]   Complete catalog and technical data and a picture must be attached.

Does the substitution affect dimensions shown on Drawings?                 [     ] Yes     [        ] No

If Yes Describe:

Will the undersigned pay for changes to the FF&E design caused by the requested substitution?

                                         [       ] Yes      [       ] No

Does substitution affect other trades?   [       ] Yes      [       ] No

If Yes Describe:

Manufacturer's guarantees of the proposed and specified items are different?                    [      ] Yes   [   ] No
(Explain on attachment)

Submitted By:                                                                            RESPONSE OF SPECIFIER*

                                                                [     ]        Request is approved subject to
Signature                                                                      compliance with the Specification
                                                                               and an Addendum will be issued.

Firm                                                            [     ]        Approval cannot be granted because
                                                                               this request did not reach this office
                                                                               within the specified time.
Address
                                                                [     ]        Approval cannot be granted at this time.

Date:                                                           [     ]        Prior Approval for this substitution
                                                                               is not required by the Specification
Telephone:
                                                                               By:
*Written response will be made if stamped                                                      Signature
self-addressed envelope is submitted with
this request.                                                                  Date:

                                                  END OF SECTION

21076.0 / MNAW Imaging                       00 43 25 - 1                            REQUEST FOR APPROVAL
Renovation FF&E- Bid Package #3                                                           OF SUBSTITUTION
SECTION 00 50 00

                                      LIST OF CONTRACT FORMS

PART 1:        GENERAL

1.01   FORMS INCLUDED

A.     The following is a list of contract forms applicable to this project.

       1.      Agreement: The Contract form will be AIA Document A151, Owner & Vendor for FF & E
               – Stipulated Sum, 2007 Edition. Copies will be furnished by the Architect.
       2.      Insurance: Certificate of Liability Insurance, as provided by Contractor’s insurance
               company.
       3.      Performance Bond and Labor and Material Payment Bond: Standard bond form
               conforming to Minnesota statutes (AIA Document A312, 1984 Edition, preferred but not
               required) provided by Surety. Submit in two copies with proper Power of Attorney and
               acknowledgments.
       4.      Revisions to Agreement: The contract revision form will be AIA Document G701, Change
               Order, 2001 Edition. Copies will be furnished by the Architect.
       5.      Application for Payment: The contract application for payment form will be AIA Document
               G702 & G703. Copies will be furnished by the Architect.

                                             END OF SECTION

21076.0 / MNAW Imaging                             00 50 00 - 1       LIST OF CONTRACT FORMS
Renovation FF&E- Bid Package #3
SECTION 00 72 00

                                      GENERAL CONDITIONS

PART 1GENERAL

1.01   GENERAL CONDITIONS

A.     The "General Conditions of the Contract for Furniture, Furnishings and Equipment (AIA Document
       A251, 2007 Edition), as published by the American Institute of Architects are hereby made a part
       of the Contract Documents to the same extent as if bound herein and as supplemented
       hereinafter. A copy of A251 is on file in the Architect's office.
B.     The Conditions of this section shall apply to all Sections of this project.
C.     The "Supplementary General Conditions", Section 00 73 00, shall modify, replace or define
       portions of AIA A251, General Conditions of the Contract for Furniture, Furnishings and
       Equipment, 2007 edition.

                                         END OF SECTION

21076.0 / MNAW Imaging                             00 72 00 - 1             GENERAL CONDITIONS
Renovation FF&E- Bid Package #3
SECTION 00 73 00

                             SUPPLEMENTARY GENERAL CONDITIONS

1.     SCOPE

A.     Supplementary General Conditions cover conditions of a general nature peculiar to a project
       which may or may not be related to subjects included in the standard AIA General Conditions of
       the Contract for Furniture, Furnishings and Equipment, A251, 2007 Edition or Division 1 - General
       Requirements.
B.     The conditions of this Section shall apply to the technical sections of Divisions 2 through 16.

2.     BASIC DEFINITIONS

       Article 1.1 of the General Conditions shall be supplemented as follows:
       1.1.9 ADDENDA
                Addenda record modifications to the working drawings and specifications made prior to
                the signing of agreement for the construction of the project by the Owner and the
                Contractor.

3.     CORRELATION & INTENT OF THE CONTRACT DOCUMENTS

       ADD the following after subparagraph 1.2.1:
       1.2.1.1 By executing the Contract or a subcontract on this Work. Contractor or subcontractor
               warrants that he has reviewed the Contract Documents and that his products shall be
               installed satisfactorily (including features unique to a specific product or assembly not
               specifically indicated on the Drawings and Specifications, or different from those
               indicated), including the payment of the cost of additional work of others as may be
               necessary to bring the Work into conformance with the unique requirements of any such
               products.
       1.2.1.2 If there is an inconsistency in the quality or quantity of Work required by the
               Contract Documents, the greater quality or quantity of Work indicated shall be
               provided in accordance with the Architect's interpretation, and no change in the
               Contract Sum will be permitted.

       Article 1.2 of the General Conditions shall be supplemented as follows:
       1.2.4 The Precedent of the Construction Documents is in the following sequence:
                1. Addenda or modifications of any nature to the drawings and specifications take
                     precedence over the original contract documents.
                2. Specifications and cutsheets shall take precedence over working drawings. Where
                     specified but not shown on the drawings, the Contractor shall be responsible for the
                     furnishing and installation of the item(s) as specified.
                3. The Drawings: Precedent shall be drawings of larger scale over those of smaller,
                     figured dimensions over scaled dimensions, and noted materials over graphic
                     indications. Where installation is shown or noted but not specified, the Contractor
                     shall be responsible for furnishing and installation of the item(s) shown.
                4. When material or equipment occurs on plans but is not covered in Specifications, the
                     material or equipment and its related installation shall be furnished and installed by
                     the Contractor or Subcontractor who is primarily responsible for other work of similar
                     nature indicated in the Drawings or Specifications.
                5. When duplication of material or equipment occurs in plans or specification in
                     separate contracts, contractor shall assume they are furnishing this material or
                     equipment.

21076.0 / MNAW Imaging                                   00 73 00 - 1       SUPPLEMENTARY GENERAL
Renovation FF&E- Bid Package #3                                                        CONDITIONS
4.     OWNER

       Paragraph 2.1 shall be supplemented as follows:
              ...The term "Authorized Representative" is expanded to include any consultant(s)
              employed by the Owner to carry out the work of the project.

     ADD        2.1.1 OWNER'S RIGHT TO CARRY OUT THE WORK
     2.1.1 If any Contractor defaults or neglects to carry out the work in accordance with the Contract
           Documents and fails within forty-eight (48) hours after receipt of written notice from the
           Owner, to commence and continue correction of such default or neglect with diligence and
           promptness, the Owner may, and without prejudice to any other remedy the Owner may have,
           make good such deficiencies. In such case, a change order shall be issued deducting from
           the payments then or thereafter due to the Contractor, the cost of correcting such
           deficiencies, including compensation for the Architect's additional services made necessary
           by such default, neglect or failure. If payments then or thereafter due the Contractor are not
           sufficient to cover such amount, the Contractor shall pay the differences to the Owner.

5.     VENDOR

       After paragraph 3.2.5, ADD the following:
       3.2.6 No change in the Contract Sum will be allowed on account of minor difference between
               actual field conditions and the Contract Documents.

       ADD the following Subparagraphs after Paragraph 3.4.2:
       3.4.2.1 After the Contract has been executed, the Owner and Architect will consider requests for
               the substitution of products in place of those specified only under the conditions set forth
               in the General Requirements (Division 1 of the Specifications). By making requests for
               substitutions, the Contractor:
               .1 represents that it has personally investigated the proposed substitute product and
                    determined that it is equal to superior in all respects to that specified;
               .2 represents that it will provide the same warranty for the substitution as it would have
                    provided for the product specified.
               .3 certifies that the cost data presented is complete and includes all related costs for the
                    substituted product and for Work that must be changed as a result of the substitution,
                    except for the Architect’s redesign costs, and waives all claims for additional costs
                    related to the substitution that subsequently become apparent; and
               .4 shall coordinate the installation of the accepted substitute, making such changes as
                    may be required for the Work to be complete in all respects.
       3.4.2.2 The Owner shall be entitled to reimbursement from the Contractor for amounts paid to the
               Architect for reviewing the Contractor’s proposed substitutions and make agreed-upon
               changes in the Drawings and Specifications resulting from such substitutions.

       ADD the following after 3.5:
       3.5.1 Sales Tax: This project has sales tax exempt status. Contractor shall not include
              sales tax amounts for materials in their contract. Contractual requirements for sales
              tax exemption will be provided by the Owner.

6.     INSURANCE

       Paragraph 13.1.2 shall be supplemented as follows:
       13.1.2.1 All insurance companies writing coverage for this project shall be approved or licensed to
               operate within the State in which this project is located and shall hold a general
               policyholder's rating of A and a financial rating of AAA as rated in the most current
               available Best's insurance report. Written certification of this requirement shall be
               presented to the Owner and Architect.

       13.1.2.2 The insurance required by Sub-Paragraph 11.1.1 shall be not less than the following:

21076.0 / MNAW Imaging                                   00 73 00 - 2       SUPPLEMENTARY GENERAL
Renovation FF&E- Bid Package #3                                                        CONDITIONS
A.    WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE:
                        Workmen's Compensation and Occupational Disease Insurance as
                        statutory limits as provided by the State in which this Contract is performed
                        and Employer's Liability Insurance at a limit of not less than Five Hundred
                        Thousand Dollars ($500,000.00) for all damages arising from each
                        accident or occupational disease.
            B.    COMPREHENSIVE GENERAL LIABILITY INSURANCE COVERING:
                    1.  Operations - Premises Liability: Including, but not limited to: Bodily injury,
                        including death at any time resulting therefrom, to any person or property
                        damage resulting from execution of the work provided for in this contract or
                        due to or arising in any manner from any act or any omission or negligence
                        of the Contractor and any Subcontractor, their respective employees or
                        agents.
                    2.  Elevator Liability: Including, but not limited, bodily injury, including death at
                        any time resulting therefrom, to any person or property damage resulting
                        from operation of or use of any elevator or hoist, if either or both are
                        operated or used in connection with execution of this contract.
                    3.  Contractor's Protective Liability: Including, but not limited to, bodily injury,
                        including death at any time resulting therefrom, to any person or property
                        damage arising from acts or omissions of any Subcontractor, their
                        employees or agents.
                    4.  Products - Completed Operations Liability: Including, but not limited to,
                        bodily injury including death at any time resulting therefrom to any person or
                        property damage because of goods, products, materials, or equipment
                        used or installed under this contract or because of completed operations
                        which may become evident after acceptance of the building, including
                        damage to the building or its contents. Shall be kept in force for at lease
                        two years after date of final completion.
                    5.  Contractual Liability: Each and every policy for liability insurance, carried by
                        each Contractor and Subcontractor as required by this Article shall
                        specifically include contractual liability (hold harmless clause) coverage with
                        respect to Article 3.18 of the AIA General Conditions.
                    6.  Special Requirements: The insurance required under 11.1.1 of this Article
                        shall specifically include the following special hazards:
                        a.     Personal injury liability with employment exclusions deleted.
                        b.     Property damage liability coverage shall be broad form coverage,
                               including completed operations.
                        c.     "Occurrence" bodily injury coverage in lieu of "Caused by Accident."
                    7.  Limits of Liability: The insurance under 1.1.1 of this Article shall be written
                        in the following limits of liability as a minimum:

              BODILY INJURY
              $1,000,000 each occurrence
              $1,000,000 aggregate

              PROPERTY DAMAGE
              $1,000,000 each occurrence
              $1,000,000 aggregate operations
              $1,000,000 aggregate protective
              $1,000,000 aggregate products
              $1,000,000 aggregate contractual

              PERSONAL INJURY LIABILITY
              $1,000,000 each person aggregate
              $1,000,000 each occurrence
              $1,000,000 general aggregate.

            C.    COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE COVERING:

21076.0 / MNAW Imaging                                 00 73 00 - 3        SUPPLEMENTARY GENERAL
Renovation FF&E- Bid Package #3                                                       CONDITIONS
1.       All owned, hired, or non-owed vehicle used to carry out work of this project
                             including the loading or unloading thereof.
                    2.       Special Requirements: The insurance required under 11.1.2 C of this Article
                             shall specifically include the following special hazards:
                             a.     "Occurrence" bodily injury in lieu of "Caused by Accident."
                             b.     "Occurrence" property damage in lieu of "Caused by Accident."
                    3.       Limits of Liability: The insurance under 11.1.2. C of this Article shall be written
                             in the following limits of liability as a minimum:

               AUTOMOBILE BODILY INJURY
                  $1,000,000 each person
                  $1,000,000 each occurrence

               AUTOMOBILE PROPERTY INJURY
                  $1,000,000 each occurrence

               D.        Umbrella Clause: If an umbrella clause is written to implement the above prime
                         coverages, the umbrella clause shall specifically state that the policy is written on
                         an "occurrence" basis. Any combination of underlying premium with excess or
                         umbrella coverage will satisfy the total liability limits required in the agreement.
               E.        The Architect and the Owner assume no responsibility in the event the limits set
                         above are not adequate.

       ADD the following after Paragraph 13.1.3:
       13.1.3.1 No Contractor shall commence work under this Contract until he has obtained all
               insurance required under this Section and such insurance has been approved by the
               Owner and Architect, nor shall any Contractor allow any Subcontractor to commence
               work on his subcontract until the same insurance has been obtained by the
               Subcontractor. Unless exception are noted or specified, each and every Contractor and
               Subcontractor shall maintain all insurance required under 11.1.1, and 11.1.2 of this
               Section for not less than one year after completion of the Contract.
       13.1.3.2 Each Contractor shall file with the Owner and Architect two copies of a Certificate of
               Insurance on standard AIA-AGC Joint Committee forms. Any certificate submitted and
               found to be incomplete will be returned as unsatisfactory. Certificates of Insurance shall
               contain a clause stating that coverage afforded by the policies listed will not be canceled
               or materially altered, except after 45 days advance written notice to the Owner, and
               Architect, mailed to the addresses listed herein.
       13.1.3.3 If requested by the Owner, Contractor shall furnish the Owner with true copies of each
               policy required of him or his Subcontractors.
       13.1.3.4 Each Contractor shall secure the following endorsements to each of the above policies:
               "It is understood and agreed that the insurance company will give not less than forty-five
               (45) days advance written notice of any cancellation nor material change under any of
               these policies to the Owner."

               "In the event that such Notice is not given to the Owner at least forty-five (45) days prior to
               cancellation or material change, the policy will continue in full force and effect for the
               benefit of the Owner as if such change or cancellation had not occurred."
       13.1.3.5 The Architect and Owner shall be named as Additionally Insured on the Contractor's
               Certificate of Insurance.

21076.0 / MNAW Imaging                                       00 73 00 - 4        SUPPLEMENTARY GENERAL
Renovation FF&E- Bid Package #3                                                             CONDITIONS
7.     MISCELLANEOUS PROVISIONS

       Article 14 shall be supplemented as follows:

       14.3    BONDS

       14.3.1 The Owner will require the Contractor to furnish a Performance Bond and a Labor
              and Material Payment Bond, in the amount of 100 percent of the Contract Price, in
              the form of AIA Document A312, latest edition. Performance Bond shall cover all
              guarantees during their entire term. Premium for these Bonds, shall be paid by the
              Contractor and be included in the Contract Sum. Said Bonds must be delivered to
              the Owner prior to commencement of any work.
       14.3.2 The failure of the successful bidder to execute the contractor agreement to supply the
              required bond or bonds within ten days after the prescribed forms are presented for
              signature or within such extended period as the Owner may grant, based upon reasons
              determined sufficiently by the Owner, shall constitute a default, and the Owner may either
              award the Contract to the next lowest responsible bidder or re-advertise for bids, and may
              charge against the bidder the difference between the amount of the bid and the amount
              for which a contract for the work is subsequently executed, irrespective of whether or not
              the amount thus due exceeds the amount of the Bid Bond. If a more favorable bid is
              received by re-advertising the defaulting bidder shall have no claim against the Owner.

       14.4    PARTIAL OCCUPENCY OR USE

       14.4.1 If the Work is not complete by the Date of Substantial Completion, but the Work is to a
              state of readiness to permit partial or full use or occupancy by the Owner, the Owner
              reserves the right, without negating or abridging any rights of the parties, upon notice to
              the Contractor, to enter into, occupy, or make use of those parts that are suitable for his
              needs. The Contractor shall cooperate with the Owner in the use of the Work and
              coordinate his operations with the Owner.
       14.4.2 The Owner's beneficial use or occupancy, as provided for in 9.9.4 and 9.9.5 shall not be
              construed as acceptance of the Work or any of its materials and equipment. Such use
              and occupancy shall be subject to any corrections of deficiencies, damage, or omissions
              noted. Damage not caused by the Contractor, occurring after occupancy, will be the
              responsibility of the Owner.
       14.4.3 To the extent applicable to the Project, as determined by the Architect, the Contractor
              shall conform to the provisions of this subparagraph. Upon occupancy by the Owner,
              complete and usable facilities necessary for safety, comfort, and Owner's functions shall
              be available at all times, so the Owner can use the Project or the Work without hazards,
              discomfort or inconvenience. After occupancy by the Owner, his program, functions or
              normal use shall not be unnecessarily interrupted or permitted. The Contractor shall
              schedule and arrange his Work to accomplish this objective and if necessary, work shall
              be scheduled at times when the Project is not in use by the Owner, without additional cost
              to Owner.
       14.4.4 The Owner reserves the right to enter into the Project at all times and make installations
              of his equipment as work progresses and to install his furnishings as space becomes
              substantially complete. The Contractor shall cooperate and coordinate his work with
              workmen of the Owner.

8.     ADDITIONAL REQUIREMENTS

       ADD ARTICLE 15 AS FOLLOWS:

       15.1    WAGE RATES
               A.   Prevailing wages shall be included. See also Tribal Bidding Requirements.

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Renovation FF&E- Bid Package #3                                                       CONDITIONS
ADD ARTICLE 16 AS FOLLOWS

       16.1   TRIBAL BIDDING REQUIREMENTS
              A.    The following Tribal Bidding Requirements are appended to this Section:
                     #12-94 Tribal Employment Rights Ordinance
                     #5-84 Business License Ordinance
                    Compliance Plan
                    Contractor Testing Requirements
                    ST3 Minnesota Revenue Certificate of Exemption
                    Tribal and Federal Bidding Conditions
                    FDL Vendor Screening Guidelines

                                       END OF SECTION

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Renovation FF&E- Bid Package #3                                                   CONDITIONS
ORDINAI{CE #5/84,    as amended

              FOND DU LAC BAIiID OF LAKE SUPERIOR CHIPPEWA
                      BUSTNESS LICENSE ORDINAIICE

Adopted on ,June 2L, l-984 by Resolution    #L29/84 of the ReservaLion     Busj.ness
Committee.
Amended on November 21, l-991-by Resolution  #1re0/91 of the Reservation   Business
Commit,Eee.
Amended on Decembelr 7, 1995, by Ordinance #08/95, adopted by ResoluEion   #1416/95
of t,he Reservation Business Committee.
Amended on September 22, 2009 by ResoluEion #1368/09 of the ReservaEion    Business
CommiEtee.
TABI,E OF CONTEMfS

Section   1   Trade, Business, or Professional              License--Entities
              Required to Obtain

Sectlon   2   Procedures

Section 3     Dncrf   i rrrr

Section   4   Duration

Section 5     Failure          to   Apply   for   License

Section 5     $anctions

Section   z   Amendments or            Recission
1.      TRADE, BUSINESS OR PROFESSIONALLICENSE.-ENTITLES REOUIREDTO
        OBTAIN

       (a)   Every   entity,      including,          but     not         limited              Lo,        an
individual,      a group     of     individuals,          a sole            p r o p r i e t o r s h i p ,
part,nership,    association,     joint       venture,      or corporation,                      which,
prior   to the effect.ive    date of this code, was engaged in a trade,
business, or profession,        or commercial activity                of any sort within
the exterior    boundaries of     t h e F o n d d u L a c R e s e r v a tion       (hereinafter
rrReservation" or Fond du Lac'r) shaLl, prior to August 31, 1985, (30
days after     approval by the Secretary              of InLerior)               and prior                to
January 3l- of each calendar year thereafter,                   file with the Fond du
Lac Reservation Business Committee (hereinafter                        r r F o n dd u L a c " ) , a n
application     for a business l-icense which, upon issuance, shall
entitle    such entity   to engage in the kind(s) of Business activity
at the location(s)      Iisted in the application.

        (b)  Every      entity,    including      but          not          limited          Lo,          an
individual,    group of individual-s,      sole  p r o p r i e t o r s h i p ,    p a r t n e r s h i p ,
association,      joint   venture or corporation,              intending          to engage in
a trade, business, profession,           or commercial activity                     of any sort
within    the exterior      boundaries of the Reservation,                      but which was
not engaged in such activity         prior to August 31, 1985, shaII, prior
to commencing busj.ness within             the exterior                boundaries             of the
Reservation,        and prior    to.Tanuary       3l- of             each calendar                  year
thereafter,      file   with Fond du Lac, an application                       for a business
Jicense, which, upon issuance shall entitle                      said entity              to engage
in the kind(s) of business activity           at the location(s)Iisted                           in the
appl- icat ion .

      (c)  Each application   shall be accompanied by a $50.00 payment
which shal-I constitute   the non-refundable application   fee.

         (d)     (1)     No Jicense        shall     be required:

                          (A)    of   any person     engage in                  the  ministry of
                                 healing   by purely    spiritual-                means or other
                                 religious   activity;

                          (B)    of any entity 51t or more cwned by the Fond du
                                 Lac Reservation   Business  Committee or   the
                                 Minnesota Chippewa Tribe;

                          (c)    of any person under the age of l-B who conducts
                                 any activities     which grosses less than three
                                 thousand     dollars    ($3,000)  in  the  prior
                                 calendar yeart

                          (D)     of any person who is engaged in the production
                                  of the traditiona]    craf ts of the Oj ibwe in t.he
                                  traditional   manner provided the sal-es of such
                                  crafts     is less  than    ten  thousand   dollars
                                   ($l-0,000) in the prior calendar year;
(E)    of any person who engaged in the harvesting or
                             processing of ''Wild Rice" in the traditional
                             manner of the Ojibwe;

                      (F)    of   any person who engaged in                    a   business
                             operated   entirely    from    their                place     of
                             residence   which   grosses    l-ess              than    three
                             thousand   dollars    ($3,000)    in               the    prior
                             calendar yeari or

               (2)  \To officer   or employee of any government and no
              individual     in private    or puhlic           employment which is
              compensated for services performed by him as an employee
              by his employer, shalI,      for such employment, be required
              tro obtain    a license;    in the case of a partnership,
              association      or joint   venLure,         f,o license          shall" be
              required of any partner,       associate or joint              venture who
              does not engage in or conduct a trade,                        business or
              professional- activity    of the  p a r t n e r s h i p , a s s ocj-atj-on or
              joint  venture on the Reservation.

       (e)  A copy of the license application                              form may be obtained
during regular     b u s i n e s s  h o u r s a t   t h e o f f i c  e  s     of the Fond du Lac
Reservation    Business           Committee.            The       I i c e n s e  required  to be
obtained    under the provisions                  of this           subsection       shall be in
addition   to all- other licenses,               fees and permits required by Iaw.

2.    PRQEEDI]REE

      (a)  within   10 working days after  receipt     of an application
and fee, as prcrrided in Section L, the      F o n d d u Lac Reservation
Business Committee shall      issue to said appficant      a l-icense to
engage in it.s business activity    on the Reservation.     Said license
shalI indicate    the kind(s) and locations(s)     of business activity
for which the entity has been }icensed.

      (b) Notwithstanding    subsection   (a) of     this     secLion,                no
Iicense shall be granted to any entity until    it has presented proof
to t.he Fond du Lac Reservation     Business Committee that                 it      has
complied with all tribal  requirements established      a s c o n d i t i o  n s      of
commencing business on the Reservation,    including,     but not         l i m i t e d
to, the following:

              (1)  Pursuant to the Tribe's   contracL  and emplolrment
       preference code, evidence that the entity has submitted to the
       appropriate    tribal  enforcing agency the compliance   plans
       required   by those ordinances and has had such plans approved
       by the enforcing agency(s).

             (2)    If subject to the corporate code of the Fond du Lac
       Band of Lake Superior Chippewa has fiLed the proper documents
       authorizirtE    it to conduct business as a corporation.
(3) If applicant's    business activities     on the Reservation
      involve    contracting   or subcontracting,       rro license  shall be
      issued under this Ordinance in the name of a corporation              or
      partnership unless (1) a copy of a certified          corporate charter
      or certified     partnership    agreement has been filed       with the
      Fond du Lac Registrar's       Office, and   ( 2 ) doeumentation of the
      entity's    federal   employer and staLe taxpayer identification
      numbers have been filed         with the Fond du Lac Registrar's
      office.

       (c)    Notwithstanding subsection (a) of this section, where the
Fond du Lac Reservation          Business Committee has reason to believe
that. an entity       apptying     for a License,     pursuant    to Section L,
shal1,     if   permitted     to commence business on the Reservation,
present a danger to the political-            integrity,    economic securj-ty,
health, safety, welfare, or morals of residents of the residents of
the Reservation,        the Fond du l,ac Reservation        Business Committee
shall, within      l-0 working days, provide said entity         with a written
notice setting      out the reason it believes the entity          presents such
a danger and noticing        a date for a hearing, said hearing to be held
not later     than l-0 working days after the delivery          of said notice.
At said hearing          the entity     shaIl   be given    an opportunity      to
demonstrate that its business activity            does not present a danger to
the   political       integrity,      economic security,       health,   safety,
wel-fare, or moral-s of the residents          of the Reservation.      The Fond
du Lac Reservation          business Committee shall- establish        necessary
procedures for said hearing that comply with the requirements of
due process.         However, the formal rules          of evj-dence shal1 not
appIy.     If the Executive Director or his authorized delegate of the
Fond du        Lac    Reservation      Business     Commit.tee flnds,       by    a
preponderance of the evidence, that a danger does exist,               he shall,
within 2 working days, so notify           said entity,    in writing,    stating
the reasons for his finding.           Said entity may appeal the Director's
decision to the tribal         court and shall be entitled      t,o an expedited
hearing on the matt.er.          If the Director    finds there is no danger,
he shall cause Lo issued within 2 working days, a business license
to said entity.

3.    POSTING

      Every entity issued a license pursuant to Section 2 shall- post
it in a conspicuous place at the business l-ocation listed     on the
Iicense, or, if it lists    more than one Jocation,   it shall post a
notice indicatinq   the location  at which the license is posted.
4.     DS8A:IIpN

       All Iicenses issued under this Code shall remain in effect for
the duration of the calendar year for which issued unless revoked
as provided     in this  Code or under the provisions     of any other
Tribal    Code and shall   expire   at Midnight  on   the  3l-st day of
December of each year.     No license may be transferred   to any other
partry.

5.      FAII,I]RE TO APPLY FOR LICENSE

       (a) An entit.y doing business on the Reservation which fails
to obtain a l-icense as provided for in the Code shal1, in addition
to being required to immediately obtain such a license and pay the
requisite   fee, be fined $50 per day for each day it operated on the
Reservation without     a license,  unless good cause is shown to the
Executive DirecLor as to why such a Jicense had not been obtained
in a timely manner.       If the Executive Director              or his authorized
delegate becomes aware that an entj-ty     i s   conducting business on the
Reservation without     a license,  he shall del-iver,               by hand, or by
registered mail (return receipt requested), a notice to the entity
informing it that it is operating on the Reservation in violation
of this code and that it shall, wit.hin 2 working days, obLain such
a license    and pay such f ines as are indica[ed                   in the let.t.er.
However, where the        Director has reason to bel-ieve that                          the
political   integrity,   economie security,     health, safety, welfare or
morals of resiclents      of the Reservat j-on are endangered by the
continuation    of such business activity,     t h e D i r e c t o r m , a yo r d e r s u c h
business to terminate all business activity            until        it has obtained
a license.

       (b) Any entity          doing business on the Reservation without a
license which fails            to obtain a license within                       the time period
required by the Executive Director                      or his authorized                   del-egate of
the Fond du Lac Reservation            Business Committee as prcvided                                for in
subsection      (a) above, or any entity                 whose license to do business
has been revoked by any court or agency of competent jurisdiction
pursuant to any provision            of this Code or any other Tribal                                 Code,
shall immediately cease to carry out business on the Reservation;
provided that, upon a showing of good cause, the Executive Director
or his authorized delegate of the Fond du Lac Reservation Business
Committee or the Tribal            Court may grant the entity                             a reasonable
period during which to conclude his business so long ds, during
that time, the continuation           of such business does not endanger the
political    integrity,       economic security, health, safety, welfare, or
morals of residents            of the Reservation.                     Where notice               to cease
business   i s    i s s u e d by the   E x e c u t i v e   D i r e c t o r  o r    h  i s      a u thorized
delegate,     it      shall    be sent by certified                     mail-    ( r e  t u r n     receipt
requested),      or hand delivered           by an employee of the Fond du Lac
Reservation Business Committee.
6.     SAI{CTIONS

       (a)    If an entity   doing business on the Reservation t.hat has
been directed      by the Executive Director or his authorized delegate
of the Fond du Lac Reservation              Business Committee or the Tribal
Court to cease doing business on the Reservatj.on, either pursuant
to Section 5 of this        Code or pursuant to the revocation                       of its
l-icense to do business on the Reservat,ion under any other Tribal
Code, fails      to comply, the Executive Director                or his authorized
delegate shaLf petition       the court for a show cause order as to why
said business shal-I not be excluded from the Reservation.                             Where
the Executive Director       or his authorized delegate alleges that the
business present.s a danger to the political                    integrity,         economic
security,     health,   safety,  welfare, or morals of residents of the
Reservation,      the Court shall hotd an expedited hearing.                        If said
entity    fails    to appear or   f a i l s  t o s h o w g o o d  c a u s e , t h e   Tribal
Court, shall     order to the Fond du Lac Conservation                    Department or
other authorized Office to take appropriate action:

             (1)  V ' I h e r et h e p e r s o n o r p e r s o n s e n g a g i n g i n b u s i n e s s a r e
       not members of the Minnesota Chippewa Tribe,                                the court shall
       order the police            to physically          remove all such persons from
       the Reservation along with any personal property used in the
       conduct of said business that can be removed without causing
       permanent damage to it.                    For property             which cannot be so
       removed, such as a building,                 the court shall order, Lhe polrce
       shalI   implement,            the incapacitation                of      said property             by
       padlocking or other means so that it can no longer buy used to
       carrv out business.

              (2)   Where the person or persons                        doing business             in
       viol-ation   of this    Code are tribal                members they shall                  be
       prosecuted for criminal     contempt of court and al-I persona] and
       real property    used in the conduct of said business shall be
       impounded, padlocked,     or otherwise               incapacitated          so that it
       cannot     be used   to   carry        out         further        business      on the
       Reservation.    A corporation,      partnership             or other entity shall
       be considered a tribal     r r m e m l o e r .f o r p u r p o s e s o f t h i s s e c t i o n
       only if 518 or more of the entity                is owned by tribal            members.

       (b)  An entity   may recover all- such property  incapacitated    or
impounded under this       section  by paying to the Tribe       the costs
incurred   by the Tribe in carrying     out these legal proceedings      as
weII as a fine not to exceed $500 per day for each day that has
passed since     it   was ordered by the executive      Director    or his
authorized    delegate    of   the Fond du Lac Reservation         Business
Committee or the tribal      court to obtain the tribal    license.

      (c)  An entity      excluded or incapacitated                       under this provision
shall be  g r a n t e d a new license to engage in                        business activity  on
the Reservation only if:
(1)  no less than six months have passed since the date
        of the exclusion order and all outstanding  fees and fines are
        paid; and

                 (2)    the entity has paid all costs incurred by the Tribe
        in carrying out the excl-usion or incapacitation      order and has
        paid such fine as the court deems appropriate,          but not to
        e x c e e d $ S O O0, 0 0 . 0 0 .

               (3) Notwithstanding       the provisions   of subsections (1)
        and (2) of this       section,      the Executive   Director   or his
        authorized   delegate of the Fond du Lac Reservation Business
        Committee or the court, m61rr for good cause, deny such an
        entity   a new l-icense, or may waive or mitigate      the provisions
        of subsections (1) and     ( 2 )  of this section.

7 .             OR RESCISSION
        AMENDMEMT

     The provisions of this Ordinance may be amended or rescinded
bv Resolution of the Fond du Lac Reservation Business Committee.

                                              EEETIEIEA:T:IQN

We do hereby certify                    that the foregoing Ordinance was duly adopted
b y R e s o l u t i o n # T 2 9 / 8 4 o n l T u n e 2 I , l -9 8 4 b y a v o t e o f 2 f o r , 0
against,           with a quorum of 3 being present at a Regular Meeting of
the    F  o  n d    du Lac ReservaLj-on Business Committee held on June 2I,
l-984 at Cloquet, Minnesota; and subsequently amended by Resolution
#rr+0/9r             on November 2I,1991;                      Ordinance #08/gs adopted by
R e s o l - u t i o n # L 4 I 5 / 9 5 o n D e c e m b e y7 , 1 9 9 5 ; a n d R e s o l u t i o n # 1 3 6 8 / 0 9 o n
September22, 2009.

Ka*en R. Diver                                                Ferdinand Martinea
                                                              Secretary/Treasurer

laws:84 5   (062184;II?191,'t?0795;092209)
Fond du Lac Band of Lake SuperiorChippewa
                                  1720Big LakeRoad,Cloquet,MN 55720
                                       BusinessLicenseApplication
                                       For the Calendar Year 2

     Nameof Business:

     TelephoneNumber:                                    ContactPerson'sName:

     Mailing Address:                                                                      Zip Code:

        Form of Business:(Corporation,Partnership,      SoleProprietorship,
                                                                          etc):
        If corporationor paf,tnership, whereregistered:
        (Attach a certified copy of the Articles of Incorporationand/orPartnershipAgreement)

2.      Type(s)of Business:

3.      Businesslocation(s)within the boundariesof the Fonddu Lac Reservation:

4.      Descriptionof activitiesto be conductedby the applicantbusinesswithin the boundariesof the Fonddu
        Lac Reservation:

5.       Owner(s)NameandAddress:                                                 Tribal Member nYes flNo

         Owner(s) Name and Address:                                               Tribal Member nYes lNo

6.       Will the applicantengagein any contractingor subcontractingactivity?     trYes nNo

         If yes, the applicant must submit a plan to the Executive Director of the Fond du Lac Reservation
         BusinessCommitteeoor his designee,in compliancewith the Fond du Lac Tribal EmploymentRights
         Ordinance,FDL Ord. #12194.Applicantherebyacknowledges       that the issuanceof a businesslicenseis
         contingentupon its compliance  with FDL Qrd. #12194,and faihue to remaincompliantwill resultin the
         revocationof its businesslicense.

         Contractorsand Subcontractors: Pleaseattacha completedW-9 form (a copy can be downloadedfrom
         website:www.irs.gov)and a copy of documentationfrom the Statewhere your businessis registered
         evidencingthe taxpayeridentificationnumberissuedby saidState.
Applicant hereby agreesto comply wittr all applicabletribal laws and policies in its conduct of businesson the
Fond du Lac Reservation, and further acknowledgesthat it must comply with any contractual dnrg and alcohol
testing requirementswhen contractingwith the Fond du Lac ReservationBusinessCommittee,or any corporate
entity or subdivision of the Fond du Lac Band, and that failure to comply will result in the revocation of its
businesslicense. Applicant hereby gives consentto the Fond du Lac ReservationBusinessCommittee, or its
designees,to accessinformation its deemsnecessaryto veriff the legitimacy of its businessthrough any state,
federal,or local recordssystems.

                                                        on behalfof
hereby certiff that the information provided in this application is tnre and complete to the best of my knowledge
and belief. I firther herebycertiff that I have read the Ordinance5/84 of the Fond du Lac ReservationBusiness
f,emmittee and do herebysubmit to thejurisdiction provided for therein.

Signahrre                                                                       Date

t      An applicationfee of $50.00must accompanythis application.
t      Faihue to attachrequireddocumentationwill result in the rejectionof this applicationand forfeiture of the
       applicationfee.

Returnto:     Office of the Regisftar
              Fond du I-ac Band of Lake Superior Chippewa
              1720Big Lake Rd
              Cloquet,MN 55720
ST3
Certificate of Exemption
Purchaser: Complete this certificate and give it to the seller.
Seller: If this certificate is not fully completed, you must charge sales tax. Keep this certificate as part of your records.
This is a blanket certificate, unless one of the boxes below is checked, and remains in force as long as the purchaser continues
making purchases, or until otherwise cancelled by the purchaser.
                        Check if this certificate is for a single purchase and enter the related invoice/purchase order #                                                   .
                        If you are a contractor and have a purchasing agent agreement with an exempt organization, check the box to make multiple
                        purchases for a specific job. Enter the exempt entity name and specific project:

                        Exempt entity name					                                                        Project description

                          Name of purchaser

                          Business address                                                             City                                   State              Zip code
 Please print

                          Purchaser’s tax ID number                                                    State of issue                         Country of issue

                          If no tax ID number,         FEIN                                 Driver’s license number/State issued ID number
                          enter one of the following:		                                     state of issue     number
                          Name of seller from whom you are purchasing, leasing or renting

                          Seller’s address                                                             City                                   State              Zip code

                          Type   of business. Circle the number that describes your business.
                           01     Accommodation and food services                             11                        Transportation and warehousing
                           02     Agricultural, forestry, fishing, hunting                    12                        Utilities
 Type of business

                           03     Construction                                                13                        Wholesale trade
                           04     Finance and insurance                                       14                        Business services
                           05     Information, publishing and communications                  15                        Professional services
                           06     Manufacturing                                               16                        Education and health-care services
                           07     Mining                                                      17                        Nonprofit organization
                           08     Real estate                                                 18                        Government
                           09     Rental and leasing                                          19                        Not a business (explain)
                           10     Retail trade                                                20                        Other (explain)

                           Reason for exemption. Circle the letter that identifies the reason for the exemption.

                            A     Federal government (department)                                                I      Industrial production/manufacturing
 Reason for exemption

                            B     Specific government exemption (from list on back)		                            J      Direct pay permit #
                                                                                                                 K      MPU exemption
                                                                                                                        Multiple            is no
                                                                                                                                 points of use     longerdigital
                                                                                                                                                (services, valid;goods, or
                            C     Tribal government (name)                                                     		       repealedsoftware
                                                                                                                        computer Marchdelivered
                                                                                                                                         8, 2008electronically)
                            D     Foreign diplomat #                                                            L       Direct mail
                            E     Charitable organization #                                                     M       Other (enter number from back page)
                            F     Religious or educational organization #                                       N       Percentage exemption
                            G     Resale                                                                       		          Advertising (enter percentage)		                      %
                            H     Agricultural production 				                                                 		          Utilities (enter percentage)		                        %

                          I declare that the information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY: If you
                          try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than
 Sign here

                          those being claimed, you may be fined $100 under Minnesota law for each transaction for which the certificate is used.)

                           Signature of authorized purchaser                        Print name here                                Title                             Date

Stock No. 2100030 (Rev 7/09)		                                                    Forms and fact sheets are available on our website at www.taxes.state.mn.us
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