1. business and industrial
2. construction

 Request for Proposal
Fabric Membrane Salt Storage Structure RFP
Date Issued:
April 27, 2015
Issued By:
City of Fargo Public Works Department
402 23rd Street N.
Fargo, ND 58102
(701) 241-1453 (Phone)
(701) 241-8100 (Fax)
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
200 3rd Street N.
Fargo, ND 58102
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) 241-1453.
Thank you for your interest.
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 200 3rd Street until 11:00 AM
on Thursday, May 14, 2015.
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
previously mentioned underground property by contacting the following: North Dakota OneCall 800-795-0555.
5.0 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 43-07-12. 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.
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.
11.0 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.
12.0 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.
13.0 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.
14.0 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.
15.0 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.
16.0 COMPLIANCE WITH ENVIRONMENTAL PROTECTION REGULATIONS
Proposers are required to comply with all applicable pollution control and environmental protection
regulations.
17.0 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.
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
402 23rd St N
Fargo, ND 58102
[email protected]
(701) 241-1463
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 4000 36th 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.
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
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
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
B.
C.
D.
E.
minimum truss depth of 3’-10”.
3. 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.
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.
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.
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.
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
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.
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.)
(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:
PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,
County of
of the City 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.
State of
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:
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF
)
)ss
COUNTY OF
)
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 :
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 :
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
COVERAGE PROVIDED:
Operations of Contractor
Operations of Sub-Contractor (contingent)
Completed Operations
Contractual Liability (broad form)
LIMITS:
Property Damage
Property Damage Auto
-orCombined Single Limit
YES
NO
_____ _____
_____ _____
_____ _____
_____ _____
$ ___________________ 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
YES
NO
_____ _____
_____ _____
_____ _____
Broad Form Property Damage:
premises and operations
Contractual
_____ _____
_____ _____
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
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
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.
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 ........................................................................ 1-800-795-0555
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, 2015.
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
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.
(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 43-07-20 to the
employment of bona fide North Dakota residents, as determined by section 54-01-26, with preference
given first to honorably discharged disabled veterans and veterans of the armed forces of the United
States, as defined in section 37-19.1-01, 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.
If, at any time during the prosecution of the work, in the opinion of the Director of Operations, Contractor
is not employing the necessary resources to timely complete the Contract, or performing in an unworkmanlike manner, City shall give Contractor and their surety five (5) days written notice to comply.
Failure to comply may be deemed a Contract breach and the Contractor and surety shall be liable on their
bond for the full amount of the Contract price.
The notice provided for in this section may be served upon the Contractor by delivering the same to any
person in charge of the work, or by leaving the same at the office of the Contractor in Fargo; and upon the
surety of the Contractor by leaving the same at the office of such surety in Fargo.
Neither the abandonment of this Contract by the Contractor, as herein provided, nor the declaration by the
City that the same is forfeited, nor the doing of the said work by the proposer, shall release the surety of
the Contractor from liability under this Contract.
Payments
The City may retain five percent (5%) of the amount due Contractor until the completion of the entire
Contract work. In no case will the Director of Operations make payment to a Contractor who is in default
under the terms of the Contract unless expressly authorized by the Board of City Commissioners.
Miscellaneous
This Contract with all its forms, plans, profiles, specifications and stipulations shall be binding upon the
heirs, executors, administrators or assigns of the said Contractor, and upon the successors or assigns of
the City as if each and all of them had been specifically mentioned.
IN WITNESS WHEREOF, the City Commission of the City of Fargo, by its Mayor, has made and
executed this Contract on behalf of said City, and has caused the seal of said City to be hereto affixed and
the Contractor has hereunto set their hand and seal the day and year first above written.
CITY OF FARGO (a Municipal Corporation)
by____________________________________________
Mayor of the City of Fargo
by_____________________________________________
Contractor
ATTEST:
_______________________________________________
City Auditor
CONTRACT BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we,
(hereinafter called the principal),
(hereinafter called the surety), are held firmly bound unto
(hereinafter called the owner), in the sum of
$_____________________, for the payment whereof the principal and the surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the principal has, by means of a written agreement, dated _________________, 20
_____, entered into a contract with the owner for purchase and construction of fabric membrane
salt storage structure in accordance with plans and specifications, a copy of which agreement is by
reference made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that the principal
will and faithfully perform the work proposed for in accordance with the terms of and within the
time provided for in the contract, and pursuant to the plans and specifications; principal will pay
for all labor and material used in such work including all demands of subcontractors; principal will
pay or cause to be paid all sales and use taxes payable as a result of the performance of the contract,
as well as the payment of gasoline and special motor fuel taxes used in the performance of the
contract, and all motor vehicle fees required for commercial motor vehicles used in connection
with the performance of such contract, and shall pay all state income taxes to the State of North
Dakota upon income derived from such work or project, and that in case of a default on the part
of the principal in the performance of the work as provided in their contract, the sum named in the
bond shall be taken and held to be fixed and liquidated damages in favor of the owner, and that the
full amount thereof may be recovered from said principal and their sureties in an action by the
owner against them on said bond; that the said principal has made, or will make prior to the
commencement of any work by themselves or any subcontractor under such contract, full and true
report to the Worker's Compensation Bureau of the payroll expenditures for the employees to be
engaged in such work, and that the principal has paid or will pay the premium thereon prior to the
commencement of said work.
The term of this bond shall expire when all terms of the contract are fulfilled including, but not
limited to, any warranty period, as well as any extensions of time. No suit, action, or proceeding
by reason of any default whatever shall be brought on this bond after six (6) years from the date
on which the final payment under the contract falls due.
PROVIDED, that any alterations which may be made in the terms of the contract, or in the work
to be done under it, or giving by the owner of any extension of time for the performance of the
contract, or any other forbearance on the part of either the owner or the principal to the other shall
not in any way release the principal and the surety, or either or any of them, their heirs, executors,
administrators, successors, or assigns from their liability hereunder, notice to the surety of any
such alteration, extension or forbearance being hereby waived.
Signed and sealed this __________ day of ___________________________, 20 _____.
WITNESSES:
By
Principal
As to Principal
By
Attorney-in-Fact
(Acknowledgement by both principal and surety required.)
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF
)
)ss
COUNTY OF
)
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 :
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 :