Request for Proposal Fabric Membrane Salt Storage Structure RFP

Transcription

1 Request for Proposal Fabric Membrane Salt Storage Structure RFP Date Issued: April 27, 2015 Issued By: City of Fargo Public Works Department rd Street N. Fargo, ND (701) (Phone) (701) (Fax)

2 City of Fargo Public Works is issuing a Request for Proposal (RFP) for the Procurement and Installation of a Fabric Membrane Salt Storage Structure. Contractor will submit Two (2) original RFP s to the following Address: City of Fargo Auditors Office rd Street N. Fargo, ND Office hours are 7:45 am to 4:30 pm, Monday through Friday, excluding holidays. Proposal due Date and Time 11:00 a.m. on Thursday, May 14, 2015 Proposals received after the above cited date and time will be considered late and are not acceptable. Please make sure the envelope or package is marked: Fabric Membrane Salt Storage Structure RFP Any questions regarding this RFP contact Ben Dow at (701) Thank you for your interest.

3 RFP Specifications 1.0 INTENT It is the intent of this specification to provide for the purchase and installation of a fabric membrane salt storage structure. Sealed proposals will be received by the City of Fargo Auditor s Office at rd Street until 11:00 AM on Thursday, May 14, The City of Fargo Public Works Department (PWD) has evaluated different styles of Fabric Structures and has determined that this published specification is best suited for the PWD needs in terms of quality and features. This specification shall not be interpreted as restrictive but rather as a measure of quality and performance against which all other Fabric Structures will be compared. In comparing proposals, comparison will not be confined to price only. The successful proposer will be one whose product is judged as best serving the interests of the PWD by way of product, quality, delivery and price. The PWD also reserves the right to reject any or all proposals or any part thereof, and to waive any minor technicalities. A contract will be awarded to the proposer submitting the best responsible proposal meeting the product requirements. 2.0 INTERPRETATIONS In order to be fair to all proposers, no oral interpretations will be given to any proposer, as to the meaning of the specification documents or any part thereof. Every request for such a consideration shall be made in writing. Based on such inquiry, the PWD may choose to issue an addendum in accordance with local and state laws. 3.0 GENERAL The specification herein states the minimum requirements of the PWD. All proposals must be regular in every respect. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The PWD will consider as irregular or non-responsive any and all proposals that are not prepared and submitted in accordance with the proposal document and specification, or any proposal lacking sufficient technical literature to enable the PWD to make a reasonable determination of compliance to the specification. It shall be the proposer s responsibility to carefully examine each item of the specification. Failure to offer a completed proposal or failure to respond to each section of the technical specification will cause the proposal to be rejected without review as non responsive. All variances, exceptions and/or deviations shall be fully described. Deceit in responding to the specification will be cause for rejection. 4.0 INVESTIGATION BY PROPOSERS Proposers must satisfy themselves by personal investigation and by such other means as they may think necessary or desirable, as to the location of and the conditions affecting the proposed work and as to the cost thereof. No information derived from maps, plans, specifications, profiles, or drawings, or from verbal statements by any official and/or other representative of the City, will relieve the Contractor from any risk or from fulfilling all of the terms of the Contract. The accuracy of the Contractor s interpretation of the facts disclosed by any preliminary investigations that may have been made by the City is not guaranteed. The Contractor shall not, at any time, make claims to additional payments or considerations on account of any misunderstanding regarding the nature or amount of the work to be done. A. Underground Utilities. Contractors are responsible for damage to any underground or overhead piping, wiring or other utility property, occurring during any excavation or construction by Contractor. The Contractor, before commencing any excavation or construction shall locate the

4 previously mentioned underground property by contacting the following: North Dakota One- Call LEGAL CONDITIONS Proposers are required to comply with the laws of the State of North Dakota and the City of Fargo Municipal Code. A. Federal Taxes. The City is exempt from Federal Tax on the transportation of property, and the Proposer or Contractor shall not include such taxes. B. State Taxes. The current income clearance number issued by the State Tax Department shall be furnished by the Contractor to the City. C. Addenda Acknowledgement, Bond, and License Requirements. All proposals must be in a sealed envelope plainly marked and attached to the outside of the proposal envelope must be A SEPARATE ENVELOPE CONTAINING A LIST OF ALL ADDENDA TO THE SPECIFICATIONS AND AN ACKNOWLEDGEMENT BY THE PROPOSER OF RECEIPT OF SUCH ADDENDA, AND THE CONTRACTOR S LICENSE OR CERTIFICATE OF RENEWAL. THE SEPARATE ENVELOPE SHALL ALSO CONTAIN A PROPOSAL BOND IN THE AMOUNT OF 5% OF THE FULL AMOUNT OF THE PROPOSAL executed by the Proposer as principal and by a surety, conditioned that if the principal's Proposal is accepted and the Contract awarded to the principal, the principal, within 10 days after notice of award, shall execute a Contract in accordance with the terms of the Proposal and a contractor's bond as required by law and the regulations and determinations of the City Commission. Countersignature of a proposal bond is not required under this section. A copy of the Contractor's License or Certificate of Renewal thereof, issued by the Secretary of State, must be enclosed in the proposal bond envelope as required under N. D. Cent. Code Section A Contractor must be the holder of a license at least ten (10) days prior to the date set for receiving proposals to be a qualified Proposer. 6.0 FORMS OF PROPOSALS All Proposals must be enclosed in a sealed envelope and deposited with the City Auditor s Office. The Proposal must be signed by the principal or an authorized representative, with such authority properly evidenced. 7.0 PROPOSAL COMPLETION Price must fully cover all items for which Proposals are herein asked. Any Proposal submitted on items not included in the Proposal form shall be grounds for rejection of the entire proposal. 8.0 WITHDRAWALS A Proposal may be withdrawn at any time prior to the expiration of the period during which Proposals may be submitted by written request of the Proposer, to the City of Fargo Director of Operations, which request must be signed in the same manner and by the same person or persons who signed the Proposal. No Proposal can be withdrawn thereafter. 9.0 PROPOSAL BOND Each Proposal shall be accompanied by a bond to the City. Such bond shall be enclosed in a separate sealed envelope with the Contractor s license and addenda acknowledgement documents. The amount of the bond shall be at least 5% of the amount of the proposal. Said bond shall be executed by the Proposer or Contractor as principal and a surety company authorized to do business in the State of North Dakota as surety.

5 10.0 CONTRACT The successful Proposer will be required to execute a written Contract and furnish a good and approved bond as herein specified within ten (10) days after receiving such Contract for execution. The Contract shall be, in its general provisions, in the form attached hereto and made a part of these requirements. A corporation to which a Contract is awarded will, before the Contract is finally executed, if deemed desirable by the City Commission, be required to furnish certificates as to its corporate existence and evidence that the officer signing the Contract is duly authorized to do so on behalf of the corporation CONTRACT BOND The successful Proposer shall, within ten (10) days or such time as may be fixed by the City Commission for executing the Contract, file a contract bond with the City Auditor in a sum equal to the full amount of the Contract. Said bond shall be executed by the Proposer or Contractor as principal and a surety company authorized to do business in the State of North Dakota as surety. The contract bond shall be made payable to the City and shall be conditioned on the Contractor s full and faithful performance of the work proposal. In the event of default, the bond shall be taken and held to be fixed and liquidated damages in favor of the City and the full amount thereof may be recovered from the Contractor and its sureties in an action by the City against them on their bonds. The sufficiency of any bond filed by a Contractor shall be determined by the City Commission at the time of considering Proposals. If the City Commission shall at any time deem the bond of the Contractor insufficient, either in form or sufficiency of sureties, it may require the successful Proposer or Contractor to furnish a new bond. Said bond to be approved by the City Commission, within such reasonable time as the City Commission may fix and if the Proposer or Contractor shall fail to furnish such new bond within the time required after notice to do so, the Contract shall be cancelled and the contractor s bond shall be liable the same as if the Contractor had failed to perform the Contract PATENTS AND INFRINGEMENTS The successful Proposer must protect and indemnify the City against any claim or demand for infringements on any patented article, invention, arrangement or appurtenances that may be used in connection with the construction, erection or maintenance of this work ENFORCEMENT OF SPECIFICATIONS Copies of the specifications and plans for this work will be supplied to all assistant engineers and inspectors employed by the City. All engineers and inspectors will rigidly enforce each and every requirement of the Contract COMPLIANCE WITH LABOR STANDARDS (DAVIS-BACON ACT) REQUIRED ON CONSTRUCTION PROJECTS FINANCED WITH FEDERAL FUNDS Contractor must comply with all requirements of the Davis-Bacon Act on applicable projects EQUAL OPPORTUNITY REGULATIONS Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin and will comply with all employment laws and regulations. Failure to do so may result in termination of the Contract and a claim against the bond. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

6 16.0 COMPLIANCE WITH ENVIRONMENTAL PROTECTION REGULATIONS Proposers are required to comply with all applicable pollution control and environmental protection regulations INSURANCE Contractor shall secure insurance against hazards as enumerated herein. All policies shall be with companies satisfactory to the City and in amount and form as specified. All certificates of insurance shall be on the form provided herein, and the said certificate shall state that ten (10) days written notice will be given to the City before the policy is cancelled or changed. No Contractor or Subcontractor will be permitted to start any construction under the terms of the Contract until a certificate of all insurance as required herein is filed with the City. I. Public Liability and Property Damage Contractor shall provide public liability and property damage insurance against risks resulting from the following: A. Operations of Contractor; B. Operations of Subcontractors (contingent); C. Completed operations; D. Contractual Liability (broad form); and E. Property damage liability including: 1. Damage due to blasting; 2. Damage due to collapse; 3. Damage to underground facilities; and 4. Broad form property damage: a. Premises and operations b. Contractual The liability limits of said insurance shall be as follows: A. Bodily Injury 1. $1,000,000 each person 2. $1,000,000 each occurrence 3. $2,000,000 aggregate B. Property Damage 1. $1,000,000 each occurrence 2. $1,000,000 aggregate 3. $2,000,000 aggregate (property damage auto) II. Automobile Liability The Contractor shall provide automobile liability insurance covering operation of all vehicles which are either hired, owned, or non-owned as follows: A. Bodily Injury 1. $1,000,000 each person 2. $1,000,000 each occurrence B. Property Damage Liability 1. $1,000,000 each occurrence III. Workmen s Compensation The Contractor shall be insured against liability for injury to employees in accordance with the laws of the State of North Dakota. A coverage certificate shall be furnished to the City prior to the commencement of any work.

7 18.0 CITY OF FARGO RIGHTS The City reserves the right to cancel this RFP in writing or postpone the date and time for submitting proposals at any time prior to the proposal due date. The City by this RFP does not promise to accept the lowest cost or any other proposal and specifically reserves the right to reject any or all proposals, to waive any formal proposal requirements, to investigate the qualifications and experience of any Proposer, to reject any provisions in any proposal, to modify RFP contents, to obtain new proposals, to negotiate the requested services and contract terms with any Proposer, or to proceed to do the work otherwise. The City hereby notifies all proposers that it will affirmatively ensure that in regard to any contract entered into, pursuant to this request, minority business enterprises will be afforded full opportunity and are encouraged to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. The City reserves the right to accept or reject any and all proposals that is in the best interest of the City. All questions and inquiries will be addressed to: Public Works Department Operational Questions: Benjamin Dow Director of Operations rd St N Fargo, ND bdow@cityoffargo.com (701)

8 BUILDING SPECIFICATIONS Furnish and install fabric membrane structure 100 x 128, 44 minimum clear height at center, Natural Light Fabric Structure or approved equal 1.0 GOVERNING SPECIFICATIONS The City of Fargo STANDARD SPECIFICATIONS FOR CONSTRUCTION shall apply on this Contract except as modified or altered in the following Special Provisions. 2.0 GENERAL SALT STORAGE SCOPE AND EXCLUSIONS For the purpose of this contract, the contractor will be required to furnish all labor, equipment and materials specified for the construction of a salt storage structure to be located at th Avenue S. The building shall be a fabric membrane structure at least 100 feet wide by 128 feet long not less than 44 feet in height and no more than 50 feet in height. There must be a minimum of 88 feet inside bunker width and a minimum of 7 feet clear directly above 12 high bunker walls. Except that the following items will be provided by the City of Fargo, ND: Site preparation, furnishing soil bearing tests, gravel base for T-panels, aggregate base and bituminous surfacing inside and around the salt storage building, and standard exclusions. 3.0 SOIL CORRECTIONS SCOPE: A. Excavate fill materials from beneath the footings. Based on borings, excavation depths are anticipated to reach 8 to 10.5 feet I. Excavation depths may vary between the borings II. Excavation should be oversized 1 horizontally for each foot the excavation extends below the footing to provide lateral support to replacement backfill B. Backfill and compact over fat clay up to bottom of footing elevation with stabilized aggregate (gravel or crushed stone with most of its particles retained on a Number 4 sieve). C. Backfill and compact over footings to 2 below finished floor elevation with sand having less than 20% of particles passing a #200 sieve D. All sand and aggregates to be imported by contractor E. Excavated material to be stockpiled on site F. All excavation slopes to be maintained at 1:1 or per OSHA requirements WORK BY OTHERS: City of Fargo will strip top 2 of topsoil materials prior to work being started. Upon completion of backfill, City of Fargo will import, place, and compact 18 of granular material and 6 of bituminous paving. 4.0 PRECAST CONCRETE BUNKER PANELS (12 HIGH) SCOPE: Contractor shall furnish and install pre-cast concrete bunker panels (T-panels) in a manner that outlines the inside structure perimeter. This shall include all bunker panels, shipping, placement, installation of strap ties and cast-in-place toe extensions.

9 WORK BY OTHERS: Asphalt pavement repairs and back filling around panel by owner. SUBMITTALS: The contractor shall submit shop drawings of the bunker panel placement plan to the City of Fargo, ND Public Works Department prior to fabrication of the panels. MATERIALS: A. Bunker panels shall be reinforced cast concrete as manufactured by the Hanson Silo Co., Lake Lillian, Minnesota, or approved equivalent. Units shall conform to size, layout, and jointing as detailed on the contractor submitted shop drawings. Units shall be neat, straight, and precisely formed in the best possible manner. Concrete shall have a minimum compressive stress of 5,500 psi, air entraining of 5%, allowable slump of 2 inches, and type 3A cement. B. Panels shall be provided with #5 grade 60 rebar reinforcing as well as 4 x 4 x ¼ welded wire fabric reinforcing. Reinforcing layout shall be Hanson Co. standard detail. Panels shall be provided with bent rod lifting hooks for installation maneuverability. ANCHORAGE: Connector threaded rods, washers and bolts, etc. provide the necessary anchors, as required for a first class installation. CURING: Curing of the present concrete bunker panels shall be under controlled moisture conditions for a minimum of seven days. ADMIXTURES: A. Provide corrosion inhibitor concrete panel mix. Corrosion inhibitor shall be WR Grace DCI corrosion inhibitor ASTM C494 Type C or approved equivalent. B. Corrosion inhibitor admixture shall be mixed at a ratio which is compliant with manufacturer s instructions. PREPARATION: A. The General Contractor shall coordinate delivery and erection of precast bunker panels, provide clear site, provide and maintain access to roads to allow crane and trucks to reach work areas under their own power. B. Care shall be taken to protect the work and material of other trades during installation of the bunker panels. INSTALLATIONS: A. Precast bunker panels shall be installed according to approved submitted shop drawings by workmen experienced in bunker panel erection. B. Units shall be erected tight and at right angles to bearing surfaces unless shown otherwise. Align and level precast concrete slabs using granular fill. C. Prior to caulking of joints between individual bunker panels, contractor shall clean joints. Caulk joints between units using silicone caulk as manufactured by G.E., DOW, or approved equivalent. (inside and out) D. After erection and caulking is complete the general contractor will be responsible for the protection of the bunker panels. 5.0 TRUSS ARCH FABRIC COVERED STEEL FRAME BUILDING SCOPE: A. Furnish and install a complete clear span, truss arch fabric covered steel framed building of

10 the nominal length, width, height, and configuration as stated herein. System to include one end wall assembly and gable end vents B. System to be installed upon contractor constructed concrete footing & pier support system. Piers to extend 4 above finished floor (based on minimum 1500 psf soils or as noted in geotechnical report). SYSTEM PERFORMANCE REQUIREMENTS: A. General: Engineer, design, fabricate, and erect a truss arch fabric covered steel framed building system to withstand loads from winds, gravity structural movement, including movement thermally induced and to resist in-service use conditions that the building will experience, including exposure to the weather, without failure. 1. Design each member to withstand stresses resulting from combinations of loads that produce the maximum allowable stresses in that matter. 2. The industrial fabric cover system shall be capable of withstanding 90 mph wind loading. B. Design Loads: The following criteria shall be used in the design of the structural system. 1. Roof snow and live load IBC 2006 Ground Snow: 50 PSF 2. Basic wind speed 90 mph, Exposure Facture C 3. Occupancy Category I 4. Load combinations shall be as required by the International Building Code, 2000 Edition. C. Structural Framing: Design structural members, fastening system and exterior covering materials for applicable loads and combinations of loads in accordance with applicable codes and regulations. 1. Structural Steel: Comply with the American Institute of Steel Construction s (AISC) Specifications for the Design, Fabrications and Erection of Structural Steel for Buildings for design requirements and allowable stresses. 2. Welded Connections: Comply with the American Welding Society s (AWS) Standard Code for Arc and Gas Welding in Building Construction for welded procedures. SUBMITTALS: A. Submit shop drawings indicating complete information on proposed system to the City of Fargo, for approval. Such submittal shall include sufficient manufacturer information to determine if system is in accordance with this specification. B. Product data consisting of building system manufacturer s product information for building components and accessories. C. Shop drawings for building framing system, industrial fabric, fastening system panels, and other building system components and accessories that are not fully detailed or dimensioned in manufacturer s product data. 1. Structural Framing: Furnish complete erection drawings prepared by or under the supervision of a professional engineer legally authorized to practice in North Dakota. Include details showing fabrication and assembly of the building system. Show anchor bolts settings and sidewall, end wall and roof framing and transverse cross-sections. 2. Footings/Foundation Piers: Complete drawings and design calculations for concrete footings, and/or foundation piers certified by a Professional Engineer licensed by the State of North Dakota. D. Professional engineer s certificate prepared and signed by a professional engineer, legally authorized to practice in North Dakota, verifying that the structural framing and covering panels meet indicated loading requirements and codes and authorities having jurisdictions. QUALITY ASSURANCE: A. Installer Qualifications: Engage and experienced installer to erect the building who has specialized in the erection and installation of types of building systems similar to that required for this project and who is certified in writing by the building system manufacturer as qualified

11 for erection of the manufacturer s products. B. Manufacturer s Qualifications: Provide pre-engineering building manufactured by a firm experienced in manufacturing truss arch fabric covered steel framed building systems that are similar to those indicated for this project and have a record of successful in-service performance. C. Single-Source Responsibility: Obtain the building system components including structural framing industrial covering, from one source. D. Design Criteria: The drawings indicate sizes, profiles, and dimensional requirements of the pre-engineered fabric covered building system. DELIVERY STORAGE AND HANDLING: A. Deliver prefabricated components, sheets, panels, and other manufactured items so they will not be damaged or deformed. Industrial fabric cover shall be packaged for protection against transportation damage. B. Handling: Exercise care in unloading, storing, and erecting industrial fabric covering to prevent surface damage. C. Stack materials on platforms or pallets, covered with tarpaulins or other suitable protection. WARRANTY: A. Industrial Fabric Cover Finish Warranty: Furnish the polyethylene fabric manufacturer s written warranty, covering failure of the product within the warranty period. B. Manufacturers Warranty period for industrial fabric cover is 20 years (pro-rata) after the date of completion of salt storage building. C. Manufacturers Warranty period for steel truss arches structural integrity is 25 years after date of completion of salt storage building. MANUFACTURERS: A. Manufacturer: Subject to compliance with specified requirements, provide truss arch fabric covered steel framed building systems provided by the following: Natural Light Fabric Structures or approved equal Equal Manufacturer must provide the information necessary to confirm compliance with specifications and plans and be approved by addendum a minimum of 7 days prior to proposal due date. MATERIALS: A. Steel Tubing Cross Members and Back Wall Framing Members: 1. Comply with ASTM A500, Grade B, ASTM A501, or ASTM A53 for tubes and ASTM A36, A53 Type E, Grade B for pipes. 2. Provide hot dipped galvanized exterior and interior finishes complying with ASTM A123. B. Steel Members Fabricated from Plate or Bar Stock: 1. Provide 50,000 psi minimum yield strength. 2. Comply with ASTM A529, ASTM A570 or ASTM A572. C. Bolts for Structural Framing: 1. Comply with ASTM A307 or ASTM A325, as necessary, for design loads and connection details. 2. Bolts, nuts, and washers shall be hot dipped galvanized to ASTM A153. STRUCTURAL FRAMING: A. Cross Member Frames: Provide factory-welded, hot dipped galvanized, open-web-type frames. 1. Provide length of span and spacing of frames indicated. 2. Fabricate from steel tube shapes with a minimum pipe diameter of 4.5 OD and a

12 minimum truss depth of Furnish frames with attachment plates, bearing plates, and splice members. 4. Factory drill for field-bolted assembly. 5. Each truss shall weigh a minimum of 3200 lbs. B. Primary End Wall Framing: Provide rigid frames at end walls where indicated, per manufacturer s standard detail: 1. Provide the following primary end wall framing members fabricated for field-bolted assembly: a) End Wall Columns: Manufacturer s standard hot dip galvanized system, builtup factory-welded tube truss steel sections. b) End Wall Cross Members: Manufacturer s standard hot dip galvanized protection tube-shape steel sections. 2. Secondary end wall members, vent opening, framing, shall be the manufacturer s standard detail fabricated from galvanized steel. C. Bracing: Provide minimum 1/4 diagonal cable bracing utilizing 3/8 turnbuckles and ¼ shackles in roof and sidewalls. 1. Movement-resisting frames may be used in lieu of sidewall cable bracing, to suit manufacturer s standards. 2. Where diaphragm strength of roof or wall covering is adequate to resist wind forces, cable bracing will not be required. 3. Steel secondary members/ purlins may be Allied Tube & Conduits Gatorshield where no welding is done. 4. Purlins must be a minimum of 3-1/2 and be attached to the truss using a double bolt connection at each end and be bolted directly to the truss. D. Framed Openings: Provide shapes of proper design and size to reinforce openings and to carry loads and vibrations imposed, including equipment furnished under mechanical and electrical work. Securely attach to building structural frame. E. Bolts: Anchor bolts embedded in concrete base piers per foundation drawings. INDUSTRIAL FABRIC COVER SYSTEM: A. Fabric Cover: Woven High-density polyethylene tape with double stack weave-finish coated both sides. B. Cover fastening system: Novashield II with ArmorKoat RU88X-6 compatible system with zero stretch belting, welded fabric pockets, and 10,000 lb. capacity straps and lashing winches. C. Individual Cover Panels: Covers to be manufactured utilizing individual covers per each building bay. Covers to be fastened to each truss utilizing an extruded aluminum Keder Track. 1. Cover seams are to be sealed utilizing fabric flap and rope system lapped and pounded into the keder track. PVC or plastic snap caps will not be allowed. D. Provide the following accessories: 1. Twelve (12) 3 x4 Fabric Mesh End wall Vents. E. Color: Shall be selected from manufacturers standard color selection. FABRICATION: A. General Design prefabricated components and necessary field connections required for erection to permit easy assembly and disassembly. 1. Fabricate components in such a manner that once assembled, they may be disassembled, repackaged and reassembled with a minimum amount of labor. 2. Clearly and legibly mark each piece and part of the assembly to correspond with previously prepared erection drawings, diagrams, and instruction manuals. B. Structural Framing: Shop-fabricate framing components to indicate size and section with base plates, bearing pads, and other plates required for erection, welded, in place. Provided

13 holes for anchoring or connections shop-drilled or punched to template dimensions. 1. Shop Connections: Provide power riveted, bolted or welded shop connections. 2. Field Connections: Provide bolted field connections. ERECTION: A. Framing: Erect framing true to line, level, plumb, rigid and secure. Level base plates to a true even plane with full bearing to supporting structures, set with galvanized anchor bolts. INSTALLATION: A. General: Arrange and nest any lap joints so prevailing winds blow over, not into lapped joints. Apply fabric and associated fastening system for neat and weather tight enclosure. Protect factory finishes from damage. B. Accessories: Install louvers and any accessories in accordance with manufacturer s recommendation for positive anchorage to building and weather tight mounting.

14 PROPOSAL The undersigned further agrees to fully complete all such work, ready for use, including the furnishing of all materials, tools, labor, and all and everything necessary to finish and maintain the entire work in a proper and workmanlike manner until finally approved and accepted by the City Commissioners and City Director of Operations in accordance with the contract and under penalty of the contract bond. The undersigned further proposes and agrees to comply with all legal requirements of contractors on public projects. This Proposal is made without connection or consultation with any other person, persons, or corporation making any other proposal for the same purpose, and it is in all respects fair and without collusion or fraud. This project is to be completed in accordance with the prices stated: SALT SHED STORAGE BUILDING GRAND TOTAL $ The Company of is hereby offered as surety for the execution of the proposed contract and the guarantee therein imposed, said surety being subject to the approval of the Board of City Commissioners. If not approved, another and satisfactory surety company will be furnished. It is hereby agreed that the City of Fargo has the right to reject this Proposal or to award the work to the undersigned at the prices stipulated. If this Proposal is rejected, then the bond which is made payable to the City Treasurer of the City of Fargo shall be returned to the undersigned within thirty (30) days after the date hereof. If this Proposal is accepted and the work awarded and the undersigned shall fail to enter into a contract of the form and terms hereto attached within ten (10) days after the award of the contract shall have been made, then the said bond shall be cashed and paid into the treasury of the City of Fargo as liquidated damages for the failure of the undersigned to comply with the terms of this Proposal. (Here sign full name and give place of business or place of residence of proposer.) Proposers Names in Full Business or Residence Address (Here give the name and place of business or place of residence of all persons or corporations interested with the proposer.) Name Business or Residence Address (If no such person, persons or corporations are so interested, distinctly write out the fact on the following lines.) (Here give the name and location of the last work of the kind herein contemplated which was accomplished by the proposer.)

15 (As to this work, the proposer refers to the following persons or corporations.) Name Address The undersigned further proposes and agrees to fully complete the contract on or before the completion date(s) specified in the proposal documents. The undersigned is duly and regularly licensed as required by the laws of North Dakota, and holds a Class Contractor's License No.. (If this proposal is made by a firm or by a corporation, the firm or corporation names must be here signed by one duly authorized to do so.) Proposer Dated at this day of 20. Post Office address of proposer, firm, or corporation for the next thirty days is as follows, to-wit:

16 KNOW ALL MEN BY THESE PRESENTS: PROPOSAL BOND That we, of the City of County of State of as principal, and a Corporation, of as surety, are held and firmly bound unto the City of Fargo, a municipal corporation, in the penal sum of dollars, good and lawful money of the United States, for the payment of which sum, will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these present. The contractor of the above obligation is such that, whereas, the above bounden has submitted or is about to submit a sealed proposal in writing for the construction of certain in accordance with the plans and specifications therefore and pursuant to the true intent, meaning and purposes of such plans and specifications. NOW THEREFORE, in case such proposal is accepted, and the contract for such work is awarded to such proposer and the said proposer shall, within ten days after the acceptance of such proposal, or within such further time as may be granted, enter into and execute a contract bond, in such sum equal to the amount of said proposal, and a contact in writing to and with the said City of Fargo to well and faithfully do and complete the said work in accordance with the plans and specifications therefore, and the terms of such proposal, and within the time required by the terms of said contract or any extension thereof and that will pay for all labor and materials used in said work, then this obligation to be void, otherwise to be and remain in full force and effect. The term of this bond expires on the day of, 20, but a recovery may be had for any default hereunder if an action therefore be commenced at any time within six years after the expiration of such term. IN WITNESS WHEREOF, the said has hereunto set his hand, and the said has caused these presents to be executed by its proper officers and its corporate seal to be hereunto affixed this day of, A.D., 20. Principal: Surety: By: ATTEST: Secretary:

17 INDIVIDUAL ACKNOWLEDGEMENT STATE OF ) COUNTY OF ) )ss On this day of in the year 20 before me,, a Notary Public, personally appeared, known to me (or proved to me on the oath of ) to be the person who is described in and who executed the within instrument and acknowledged to me that is executed the same. (SEAL) Notary Public : CORPORATION ACKNOWLEDGEMENT STATE OF ) COUNTY OF ) )ss On this day of in the year 20 before me,, a Notary Public, personally appeared known to me (or proved to me on the oath of ) to be the president (or other officer or person) of the corporation that is described in and that executed the within instrument, and acknowledged to me that such corporation executed the same. (SEAL) Notary Public :

18 ACKNOWLEDGEMENT OF SURETY STATE OF ) COUNTY OF ) )ss On this day of in the year 20 before me,, a Notary Public, personally appeared, known to me (or proved to me on the oath of ) to be the person who is described in and whose name is subscribed to the within instrument as the attorney-in-fact of and acknowledged to me that he subscribed the name of thereto as surety and his own name as attorney-in-fact. (SEAL) Notary Public :

19 CERTIFICATE OF INSURANCE This is to certify that the following policies, subject to their terms, conditions and exclusions have been issued by the named companies: Project Location Owner Contractor Insured Address The following named policies meet the minimum requirements of the specifications: Yes No PUBLIC LIABILITY: Policy Number Inception Date Expiration Date Insuring Company Address Agent Address TYPE OF POLICY: Combination comprehensive general automobile Liability Other LIMITS: Bodily Injury $ Each Person $ Each Occurrence $ Aggregate $ Each Person $ Each Occurrence

20 COVERAGE PROVIDED: Operations of Contractor Operations of Sub-Contractor (contingent) Completed Operations Contractual Liability (broad form) YES NO LIMITS: Property Damage Property Damage Auto -or- Combined Single Limit $ Each Occurrence $ Aggregate $ Each Occurrence $ Each Occurrence COVERAGE PROVIDED: Property Damage Liability Includes: Damage due to blasting Damage due to collapse Damage to underground facilities Broad Form Property Damage: premises and operations Contractual YES NO AUTOMOBILE LIABILITY: Policy Number Inception Date Expiration Date Insuring Company Address Agent Address Limits of Liability: Bodily Injury Liability $ Each Person $ Each Occurrence Property Damage Liability $ Each Occurrence Combined Single Limit $ Each Occurrence Coverage is provided for operation of all owned vehicles Yes No Coverage is provided for operation of all hired and Yes No non-owned vehicles Are any deductibles to Bodily Injury or Property Damage Yes No If yes, list

21 AGENT CARRIES ERRORS AND OMISSIONS INSURANCE Yes No In the event of cancellation, non-renewal or any material change in the above policies, fifteen days prior notice will be given to the parties to whom this certificate is issued. DATE AT ON BY Authorized Insurance Representative

22 CONTRACT THIS AGREEMENT, made and entered into this day of, 20, between the City of Fargo (a Municipal Corporation, under the laws of North Dakota) by the City Commission, hereinafter called the City, and Contractor. Contractor is hereby awarded the Contract to construct a Fabric Membrane Salt Storage Structure in accordance with the attached Proposal. Contractor agrees to undertake and execute all work in a good, substantial and workmanlike manner, and to furnish all the materials, tools and labor necessary to properly perform and complete the work ready for use, in strict accordance with the Instructions therein and the City of Fargo Standard Specifications for Construction in effect at the time of the proposal opening, and under penalty expressed in the attached bond, which are hereby declared and accepted as essential parts of the unit prices named in the Proposal. What the Contract Price Includes The price in the Proposal is for the completed work, and includes the furnishing of all the materials, labor, tools and appliances, and all expenses, direct and indirect, connected with the proper execution of the work in accordance with the plans, profiles and specifications for the work, and maintaining the same until it is accepted by the City Commission. Extra Work Part of Contract When directed in writing by the Director of Operations, the Contractor shall furnish material and do extra work connected with or necessary to the proper completion of the work. Prices for extra work will be agreed upon by the Director of Operations and the Contractor as specified in Section 9000 of the Standard Specifications for Construction. Bills for Extra Work Within thirty (30) days of completion of the extra work authorized by "Contractors Order," as defined in the City of Fargo Standard Specifications for Construction, the Contractor shall present to the Director of Operations the "Contractor's Order," and a full and complete itemized statement of extra work, and the date the extra work was completed. The Director of Operations shall certify the correctness of the amount and character of labor performed and materials furnished and add it to the estimate of the amount due the Contractor. A "Contractor's Order" for extra work not presented within 30 days of completion will not be paid. Inspection All materials furnished by the Contractor are subject to the inspection and approval of the Director of Operations or an authorized representative at all times during the progress of the work, and until the final completion of the same. Contractor shall allow sufficient time to enable the Director of Operations or an authorized representative to make the proper tests and inspection. As soon as the materials are tested and inspected, the Contractor shall immediately remove all rejected materials from the work and to such a point distant there from as the Director of Operations or authorized representative may require. No materials shall be used before being inspected and approved by the Director of Operations or authorized representative. Failure of the Director of Operations or authorized representative to condemn or reject inferior materials or work does not imply acceptance of the same should their inferiority become evident at any time. The Contractor shall furnish at their own expense such labor as may be required to enable a thorough inspection and culling of all materials.

23 Obstruction, Guard and Contractor's Liability The Contractor shall follow Section 4100 of the Standard Specifications for Construction in all cases to maintain a safe passageway at all road crossings, crosswalks and street intersections, and shall do all other things necessary to prevent accidents or loss of any kind, and shall save the City harmless forever from any and all damages, costs, and expenses resulting from the neglect or failure of the Contractor in the performance of this Contract, to properly protect the public and employees from injury to person or property. Property Liable to Damages The Contractor shall be liable for any and all damage to public and private utilities, including but not limited to, water, gas, steam or other pipes, flumes, poles or conduits or other property owned by any person or corporation. Contractor shall have ten (10) days following notice from the City to repair or replace the damaged property. After ten (10) days City may arrange for such repairs or replacements to be made as necessary and deduct from any sum or sums due or to become due Contractor under this Contract the cost thereof. The Contractor will be responsible for all survey irons and monuments, and if disturbed they will be replaced by a Registered Land Surveyor of the State of North Dakota, at the Contractor's own expense. Contractor is responsible for damage to any underground or overhead piping, wiring, or other utility property occurring during any excavation or construction by Contractor. The Contractor, before commencing any excavation or construction, shall locate the previously mentioned underground property by contacting the following: ND One Call Time of Commencement and Completion The Contractor shall commence the work within thirty (30) days after written notice from the City, continue the work without interruption, and complete the entire Contract on or before August 14, Contractor s failure to satisfactorily and timely complete the Contract work shall result in a deduction by City, out of the money which may be due or become due Contractor liquidated damages in accordance with the agreed upon schedule attached hereto as Exhibit A, fixed and determined by the parties to be liquidated damages. Final completion shall consist of completing remaining items and the repair of all punch list and clean up items. At any time before expiration of the original or extended Contract time, a written request may be made to the Director of Operations for additional time to complete the Contract. The request shall be supported by adequate documentation stating the reasons and basis for the request. The Director of Operation s determination will consider to what extent the delays were caused by conditions beyond the Contractor s control that may be offset by time lost due to the failure to diligently prosecute the work or to other conditions within the Contractor s control. A plea that insufficient time was specified is not a valid reason for a time extension. Contractor must pay City liquidated damages for failure to timely complete the Contract work irrespective of whether there are monies due on the Contract. Claim for Damages Delay occasioned by any act or omission over which the Contractor has no control, or on the part of the

24 City, may entitle the Contractor to an extension of time in which to complete the work. Contractor shall give notice in writing to the Director of Operations of the cause of such delay within thirty (30) days, yet in no case after the expiration of the original or extended Contract time. Subletting The Contractor shall not assign or sublet the whole or any portion of the Contract work (except for the supply of materials, equipment and tools) without first obtaining the written consent of the Director of Operations. Consent given does not release the Contractor from responsibility. Contractor shall be held accountable the same as if no consent had been given. The Contractor will be required to give their personal attention to the work. Specifications, Plans and Stakes The work shall be done in strict conformity to the plans, profiles and specifications and to the exact lines and grades as defined by the Director of Operations. Cleaning Up Immediately upon the completion of the work the Contractor shall at their cost and expense, clean up and remove all refuse materials of every kind resulting from the work. If Contractor fails to clean up and remove refuse within twenty-four (24) hours after having been notified by the Director of Operations or authorized representative, the work may be done by the City and the cost thereof charged to the Contractor or deducted from the amount due the Contractor on their estimate Orders Whenever the Contractor is not present on any part of the work where it may be necessary to give instructions, orders may be given by the Director of Operations or authorized representative to the superintendent or foreman who may have charge of the particular work in question, and such orders shall be obeyed. Defective Work The Contractor, upon being so directed by the Director of Operations or authorized representative, shall suspend, remove or reconstruct, or make good without charge any work which they may consider to be defectively executed. Competent Workers to be Employed The Contractor shall provide and have at all times a competent Superintendent in charge of the overall Project who will be personally available at the site of the work within 24 hours notice. This Superintendent may be either the Contractor himself or a responsible employee who has been authorized to act in the Contractor's behalf. This individual shall be fully authorized to: (a) Conduct all business with the subcontractors. (b) Negotiate and execute all Contract change orders or directly coordinate with the Contractor on such matters. (c) Execute the orders and directions of the Director of Operations or authorized representative without delay. (d) Promptly supply the materials, equipment, tools, labor, and incidentals necessary for prosecution of the work. At all times while work is actually being performed, the Contractor shall have at the site of the work a competent individual who is: (a) Authorized and fully capable of managing, directing, and coordinating the work in progress. (b) Thoroughly experienced in the type of work being performed. (c) Capable of reading and thoroughly understanding the Plans and Specifications.

25 (d) Authorized to receive instructions from the Director of Operations or authorized representative. If this individual is an employee of someone other than the Contractor, the Contractor shall notify the Director of Operations or authorized representative as to who will act in the supervisory capacity stated above. This individual and the Superintendent having overall responsibility for the Project may be one and the same person if constantly available in person on the Project and fully qualified in all other respects. If any person employed by the Contractor appears incompetent, disorderly, or disobedient to the Director of Operations or authorized representative, they shall be discharged immediately upon request of the Director of Operations or authorized representative and shall not again be employed upon the work without the consent of the Director of Operations or authorized representative. Contractor must give preference in accordance with N. D. Cent. Code section to the employment of bona fide North Dakota residents, as determined by section , with preference given first to honorably discharged disabled veterans and veterans of the armed forces of the United States, as defined in section , who are deemed to be qualified in the performance of that work. Order of Executing Work The Contractor shall commence work at such point or points as the Director of Operations or authorized representative may direct, and shall conform to their directions as to the order and time in which different parts of the work shall be done. When a Contractor has more than one Contract with the City at the same time, they shall have sufficient workers, machinery, tools and material upon the work to complete each Contract in the manner and within the time specified in each separate Contract, and they shall not remove workers, machinery, tools or materials from one Contract job to another without the written consent of the Director of Operations or authorized representative. Nor shall Contractor commence work on a new Contract job while in default on an existing Contract without the written permission of the Director of Operations. Failure to Pay for Labor and Materials If Contractor fails to pay laborers, or for materials used, the City may make such payments from monies due the Contractor, at the City s discretion necessary to protect laborers and material suppliers. Laws and Ordinances to be Observed Contractor must abide by all applicable laws. Contractor shall indemnify the City against all claims, damages, suits, actions and expenses, including reasonable attorney s fees to the property of the City of any person, caused by the negligence of the Contractor or their servants or employees in carrying out or attempting to carry out this Contract, and from claims made by laborers or others for injury sustained by reason of the negligence of the Contractor, their servants or employees, in the performance or attempted performance of this Contract. Contractor further shall indemnify the City from damages sustained by depositing materials to public injury or to the injury of any person or corporation, or resulting from the use of any patented material, implement or process which may be employed in executing the work under this Contract, including costs and expense of defense. Contractor shall be notified of the bringing of suit in such cases, and be permitted to defend the same, and City may withhold final payment of this Contract for the indemnity of the City. Failure to Prosecute Work Vigorously Contractor shall commence work under this Contract within thirty (30) days after being instructed to do so in a written notice from the City. Contractor s failure to commence work as directed may be deemed a Contract breach, and the Contractor and surety shall be liable for the full amount of the Contract.