city of martinsville request for sealed bid painting of #1 ......with magnetic gauges as outlined in...

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City of Martinsville Request For Sealed Bid Painting of #1 & #2 Secondary Clarifiers March 4, 2020 Sealed bids are accepted until 2:00 p.m. on Thursday, March 19, 2020 by the City of Martinsville to purchase the following items listed in the bid. Sealed bids will be received in the office of the Purchasing Manager Zach Morris, Central Warehouse, 990 Fishel Street, Martinsville, Va. 24112-3248. Bids may be hand delivered, mailed, sent by FedEx or UPS to the 990 Fishel Street address. Bids also may be sent by postal mail to the City of Martinsville Purchasing Department, P O Box 1112, Martinsville, Va. 24114-1112. Place “Secondary Clarifiers” and the bid opening date in the lower left hand corner of the envelope. Site visits can be arranged by contacting the city project manager: Shannon Agee 276-806-0250 Bidders can also contact the city water resources director: Mike Kahle 276-403-5157 A Performance bond will be required by the successful bidder in an amount equal to 100% of the contract price conditioned upon faithful performance of the contract and upon payment of all persons supplying labor and furnishing materials for the project. A surety company authorized to do business in the state of Virginia shall execute the performance bond. Bid prices are to be firm for 30 days; therefore, a bid bond is not necessary. Signing a bid form is a guarantee of the 30-day firm price. It is the responsibility of the offeror to ensure that their proposal reach the appropriate office prior to the close time on the bid. Response received after the date and closing will be considered non-responsive and will not be opened. Bids will not be accepted via fax machine or internet e-mail. The City reserves the right to accept or reject any and all bids, to waive any informalities, and to award this project as determined to be the best interest of the City.

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Page 1: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

City of Martinsville

Request For Sealed Bid

Painting of #1 & #2 Secondary Clarifiers

March 4, 2020

Sealed bids are accepted until 2:00 p.m. on Thursday, March 19, 2020 by the City of Martinsville to purchase the following items listed in the bid. Sealed bids will be received in the office of the Purchasing Manager Zach Morris, Central Warehouse, 990 Fishel Street, Martinsville, Va. 24112-3248. Bids may be hand delivered, mailed, sent by FedEx or UPS to the 990 Fishel Street address. Bids also may be sent by postal mail to the City of Martinsville Purchasing Department, P O Box 1112, Martinsville, Va. 24114-1112. Place “Secondary Clarifiers” and the bid opening date in the lower left hand corner of the envelope.

Site visits can be arranged by contacting the city project manager: Shannon Agee 276-806-0250 Bidders can also contact the city water resources director: Mike Kahle 276-403-5157 A Performance bond will be required by the successful bidder in an amount equal to 100% of the contract price conditioned upon faithful performance of the contract and upon payment of all persons supplying labor and furnishing materials for the project. A surety company authorized to do business in the state of Virginia shall execute the performance bond. Bid prices are to be firm for 30 days; therefore, a bid bond is not necessary. Signing a bid form is a guarantee of the 30-day firm price. It is the responsibility of the offeror to ensure that their proposal reach the appropriate office

prior to the close time on the bid. Response received after the date and closing will be

considered non-responsive and will not be opened. Bids will not be accepted via fax machine

or internet e-mail.

The City reserves the right to accept or reject any and all bids, to waive any informalities, and to

award this project as determined to be the best interest of the City.

Page 2: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

PART 1 GENERAL

1.01 WORK INCLUDED

A. The contractor shall furnish. all materials, labor, equipment, and incidentals required to provide a protective coating system for the surfaces listed herein and not otherwise excluded.

B. The work includes surface preparation and painting of the steel surfaces, immersion and

non-immersion for #1 & #2 SECONDARYCLARIFIERS for the City of Martinsville Va. The

omission of minor items in the schedule of work shall not relieve the contractor of his

obligation to include such items where they come within the general intent of the

specification as stated herein.

1.02 REFERENCES

A. SSPC - Steel Structures Painting Council.

B. Metal Ladder Manufacturer’s Association - Specification for Ladders and Scaffolds.

C. UL Requirement for Ladders and Scaffolds.

1.03 QUALITY ASSURANCE

A. Workmanship shall be performed by skilled workmen thoroughly trained in necessary crafts and completely familiar with specific requirements and methods specified herein.

B. All materials shall be produced by a single manufacturer. Total paint system shall be

from one manufacturer and no cross coating allowed between primers and finish coats.

C. The contractor shall have 5 years’ practical experience and successful history in the application of similar specified products to steel surfaces. Contractor shall substantiate this requirement by furnishing a list of references and job completions.

D. The owner shall provide confirmation that the existing coating are lead free. If the

coating is determined to be not lead free than all federal state and local regulations shall apply for the proper handling and disposal of lead based paints.

1.04 SUBMITTALS

A. Submit manufacturer's printed literature, performance criteria and product data as required to certify compliance with requirements and systems specified herein. Reference Section "2.01ACCEPTABLE SYSTEMS AND MANUFACTURERS", prior to submittal.

Page 3: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

B. Colors to be selected by Owner's Representative, and indicated on schedule.

C. Samples:

l. Samples of each finish and color shall be submitted to the Architect/Engineer for

approval before any work is started.

2. Such samples when approved in writing shall constitute a standard, as to color and finish only, for acceptance or rejection of the finish work.

3. Rejected samples shall be resubmitted until approved. D. VOC Requirements: Submit manufacturer' s certification that paints and coatings comply with Federal, State, and Local, whichever is more stringent, requirements for voc(Volatile Organic Compound). E. No substitution will be considered unless request for approval has been submitted by the bidder and bas been received by the City at least thirty days prior to the date of bids. 1.05 DELIVERY, HANDLING AND STORAGE

A. Deliver all material to site in original, new, unopened containers, labeled and bearing

manufacturer's name and stock number, product and brand name, contents by volume

for major constituents, instructions for mixing and reducing and application instruction.

B. Provide adequate storage facilities designed exclusively for the purpose of paint storage

and mixing. Facility area shall be located away from open flames, be well ventilated, and

be capable of maintaining ambient storage temperature of no less than 45 degrees F.

C. Paint, coatings, reducing agents, and other solvents must be stored in original

containers until opened; if not resealable, then must be transferred to UL approved safety containers. Provide proper ventilation, personal protection and fire protection for storage and use of same.

D. Comply with requirements set forth by Occupational Safety and Health Act, OSHA, for

storage and use of painting materials and equipment. 1.06 EXTRA STOCK

A. Upon completion of work, provide owner with at least one gallon of each type and color of product used.

Page 4: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

B. Containers shall be tightly sealed and clearly labeled for identification. PART 2 PRODUCTS

2.01 ACCEPTABLE SYSTEMS AND MANUFACTURERS

A. All materials specified herein are manufactured by the Tnemec Company, Inc., North

Kansas City, Missouri. Materials specified are those that have been evaluated for the

specific service to this specific project. Products of the Tnemec Co. are listed to establish

a standard of quality and performance. Equivalent materials of other manufacturers

may be substituted on written approval of the Owner. The Local Tnemec Representative,

Mike Enoch, can be contacted for product information and on site assistance. Phone:

(804) 338-9434 E-mail: [email protected]

B. Equivalent materials of other manufacturers may be substituted on approval of the

Owner’s Representative. Request for substitution shall include manufacturer's literature

for each product giving name, generic type, descriptive information, performance and

test data, and evidence of satisfactory past performance. No request for substitution

shall be considered that would decrease film thickness and/or number of coats or offer

a change in the generic type of coating specified.

C. No substitution will be considered unless request for approval has been submitted by

the bidder and has been received by the Owner at least thirty days prior to the date of

bids. The burden of proof of the merit of the proposed substitute is upon the proposer.

The Owner's Representative's decision of approval or disapproval of the proposed

substitution shall be final.

PART 3 EXECUTION

3.01 INSPECTION

A. Thoroughly examine surface scheduled to be painted prior to commencing work. Report

in writing to the Owner's Representative any condition that may affect proper

application and overall performance of coating system. Do not proceed with work until

such conditions have been corrected. Commencing with work indicates acceptance of

existing conditions and for responsibility for performance of applied coating.

3.02 PROTECTION

A. Extreme diligence shall be taken to ensure that vehicles, equipment, hardware, fixtures, materials, etc., are protected against paint spillage, overspray, etc. Such damages shall be corrected at no expense to Owner.

Page 5: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

B. Surfaces not to be coated shall be masked, removed, or otherwise covered to protect against cleaning and coating application procedures and weather. Drop cloths shall be used to protect floor, walls, machinery, equipment, and previously coated surfaces.

C. Exercise care in erecting, bracing, handling, and dismantling staging and scaffolding, to

avoid scratching or damaging walls, floors, equipment, etc.

D. Take every precaution necessary to protect the roofing material from chemicals,

coatings, puncture or other abuse while performing all work.

3.03 SURFACE PREPARATION

A. Perform preparation and cleaning procedures in strict accordance with manufacturer's instructions for each substrate condition.

B. Ferrous metals (carbon steel immersion and non-immersion) shall be prepared in

accordance with SSPC SPIO Near White abrasive blast cleaning. All metal surfaces to be painted shall be cleaned prior to sandblasting to remove oil and grease present by following methods and procedures outlined in SSPC-SPl Solvent Cleaning.

3.04 TOUCH-UP OF SHOP APPLIED COATINGS

A. This project is a 100% field application.

3.05 APPLICATION

A. No paint shall be applied when surrounding air temperature, as measured in the

shade, is below 45 degrees F. No paint shall be applied when the temperature of the

surface to be painted is below 40 degrees F. Paint shall not be applied to wet or damp

surfaces, and shall not be applied in rain, snow, fog or mist, or when the relative

humidity exceeds 85%. Paint shall not be applied when the substrate temperature is

within 5 degrees of the dewpoint. Paint manufacturer's temperature guidelines must

be followed.

B. No paint shall be applied when it is expected that the relative humidity will exceed

85% or that the air temperature will drop below 45 degrees F within 4 hours after the

application of the paint.

C. Maintain proper ventilation in area of work to alleviate volatile solvents evaporating

from coating materials.

D. All ingredients in any container of the coating materials shall be thoroughly mixed and shall be agitated often enough during application to keep the pigment suspended.

Page 6: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

E. Should thinning be required use only the amounts specified by the coating manufacturer.

F. Application of coating shall be by brush and roll in accordance with manufacturer's

recommendations. All material shall be evenly applied to form a smooth, continuous, unbroken coating. Drips, runs, sags, or pinholes shall not be acceptable.

G. Provide proper application equipment, including ladders, scaffolding, masking

materials, and tools to perform work. Ladders and scaffolding shall meet or exceed UL requirements and Metal Ladder Manufacturer's Association.

H. Meet all requirements set forth by Occupational Safety and Health Act, OSHA, for

confined space.

3.06 SYSTEM INSPECTION AND TESTING

A. After application of each coating in the specified system and its surface has cured, measure its thickness with a properly calibrated Nordson Microtest Dry Film Thickness Gauge, or equivalent. Follow standard method for measurement of dry paint thickness with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2

B. Make as many determinations as needed to ensure the specified thickness values in

each typical area. To all surfaces having less dry film thickness than specified, apply additional coat(s) at no extra cost to Owner to bring thickness up to specifications.

C. Painting contractor shall permit Owner's Representative and/or paint & coating

manufacturer (as requested by owner) to inspect his work for conformance to this specification. Owner reserves the right to reject all work that does not comply with this specification.

3.07 CLEAN-UP

A. Upon completion, painting contractor shall clean up and remove from site all surplus

materials, tools, appliances, empty cans, cartons, and rubbish resulting from painting work. Site shall be left in neat, orderly condition.

B. Remove all protective drop cloths and masking from surfaces not being painted.

Provide touch-up around same areas as directed by Owner's Representative.

C. Remove all misplaced paint splatters or drippings resulting from this work.

Page 7: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

3.08 CONTAINMENT

A. Containment and disposal of debris, paint chips or "Out-Fall" of wet paint:

B. The Contractor shall be responsible to make provisions to contain the residue and/or old

paint to within the tank property. The Contractor shall be responsible for the disposal of

the debris generated and shall be responsible for all costs involved in the disposal of the

debris on behalf of the Owner.

C. All debris generated from the power washing, power tool cleaning or abrasive blast

cleaning of the exterior or interior of the tank shall be disposed of in the proper manner

by the Contractor. Application for the necessary approvals and permits shall be made by

the Contractor and coordinated with the Owner.

3.09 WARRANTY

A. The Contractor will warrant the work free of defects in material and workmanship for a

period of one year from the acceptance of the work. At the end of one year, the

Contractor will return for a one-year anniversary inspection of the work. The Contractor

will correct any deficiencies found with no cost to the owner.

PART 4 COATING SYSTEM SCHEDULE

1.01 #1 & #2 SECONDARYCLARIFIERS – STEEL MECHANISM, IMMERSION

A. System Type: High Solids Epoxy

B. Surface Preparation: SSPC_SP 10/ Near white blast cleaning. The surface shall be clean,

dry and free of contaminants prior to coating application.

C. Stripe Coat: All weld, sharp edges and bolted connections shall receive one stripe coat

with Tnemec Series N69 15BL Tank White Epoxoline applied @ 4.0 to 6.0 dry mils.

D. 1st Coat: Series N69 Epoxoline (1255 beige) applied at 6.0 to 8.0 dry mils.

E. 2nd Coat: Series N69 Epocoline (15BL tank white) applied at 6.0 to 8.0 dry mils.

1.02 #1 & #2 SECONDARYCLARIFIERS – STEEL MECHANISM, NON-IMMERSION

A. Surface Preperation: SSPC-SP 6/ Commercial blast cleaning . The surface shall be clean,

Page 8: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

dry and free of contaminants prior to coating applications.

B. Stripe Coat: All welds, sharp edges and bolted connections shall receive one stripe coat

with Tnemec Series N69 15BL Tank White epoxoline applied @ 4.0 to 6.0 dry mils.

C. 1st Coat: Series N69 Epoxoline (color to contract finish) applied at 6.0 to 8.0 dry mils.

D. 2nd Coat: Series 73 Endurashield (color selected by owner) applied at 2.0 to 3.0 dry mils.

E. Manufacturer’s paint specifications and application requirements are included as

separate attachments in this bid package

NOTE The internal drive system in #1 & #2 secondary clarifiers are manufactured by westech engineering, and were installed in 2003. Drawings of these mechannisms will be available for use in preparation of bids for this work.

The handrails and grating shall be excluded from the scope of work outlined in this bid, however all other metal structures are to be considered as included, unless noteed by the city’s representative.

The waste water treatment plant is located at: 801 wind dancer lane, ridgeway va 24148. Plant phone number is 276-656-5176. Contact for this work is Shannon Agee, project manager, 276-806-0250. Plant manager is Wayne Brown. City will take one unit out of service at a time for painting, closing all valves and installing any “plugs” needed in influent lines. Drawings for these structures can be obtained from the city website.

It is the responsibility of the offeror to ensure that their bids reach the appropriate office prior to the close time on the bid. Responses received after the date and time of closing will be considered non-responsive. Bids will not be accepted via fax machine or internet e-mail. Please include in this bid response the City’s responsibilities during this project and the responsibilities of you the vendor.

Page 9: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

REFERENCES: Bidders shall provide a list of at least 3 references where similar services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number. ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE

1.____________________________________________________________________________

__________________________________________________________________

2.______________________________________________________________________

________________________________________________________________________

3.______________________________________________________________________

________________________________________________________________________

Page 10: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

City of Martinsville

Bid Form Painting of #1 and #2 Secondary Clarifier

In compliance with this Request for Sealed Bid and subject to all conditions thereof, the undersigned offers and agrees to provide all equipment, labor and materials necessary for this Request for Bid: Item Unit Price Surface preparation and painting of the Steel Surface, immersion and non-immersion for #1 and #2 Secondary Clarifier $_________________________

Anticipated Start Date:________________________________

Anticipated Length of Project:___________________________________

Completion Date: This project should be completed and invoiced by June 30, 2020

Page 11: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

Signature Sheet: Painting of # 1 & #2 Clarifiers The undersigned Bidder declares that he has examined the Bid Requirements, Notice to Bidder, and General Notes, and has informed himself fully in regard to all the terms and conditions pertaining thereto, and has satisfied himself relative to the work to be performed. The Bidder proposes and agrees if his Bid is accepted, within thirty (30) days to enter into a contract to furnish all materials, equipment, labor and supervision necessary to complete the work in accordance with the attached Bid Requirements, Notice to Bidder, and General Notes. Firm Name: _____________________________________________________________ Address: _____________________________________________________________ Address: _____________________________________________________________ Telephone: ___________________________ Fax: _____________________________ E-mail Address: ________________________________________________________ Authorized Signature: __________________________________________________ Typed (or printed) Name/Title: ________________________________________________ Date: ____________________________________________________________________ The successful bidder will be required to effect such liability insurance as will be necessary to save the City of Martinsville harmless and will be required to furnish a certificate of such insurance.

NEGOTIATION In the event the bid from the lowest responsible bidder exceeds available funds, the City may negotiate with the apparent low bidder to obtain a contract price within available funds. The procedures for such negotiations shall be as follows: a. City, Engineer, and apparent low bidder together will review the project and attempt to find mutually agreeable proposed changes that will effectively reduce the cost of the project.

Page 12: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

b. Apparent low bidder will present reasonably documented and substantiated proposed deductions in project cost for each potential project change, which will allow City to evaluate each proposed deduction. c. The parties will attempt to negotiate and sign a reasonable contract

for the entire project, the price of which does not exceed available funds.

INSURANCE

The Contractor shall not commence work under this contract until he has obtained all the

insurance required hereunder and such insurance has been approved by the City of Martinsville;

nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all

similar insurance has been so obtained and approved. Approval of the insurance by the City

shall not relieve or decrease the liability of the Contractor hereunder.

Worker's Compensation including Occupational Disease and Employer's Liability Insurance: The

Contractor shall take out and maintain during the life of this Contract Workers' Compensation

and Employer's Liability Insurance for all of his employees to be engaged in work on the project

under this contract in an amount no less than the minimum allowed by the State Corporation

Commission, and in case of such work is sublet, the Contractor shall require the Subcontractor

similarly to provide Workers' Compensation and Employer's Liability Insurance for all of the

latter's employees to be engaged in such work.

Comprehensive General Liability Insurance: The Contractor shall maintain during the life of this

Contract comprehensive general liability insurance as shall protect him, the City of Martinsville

and its offices, agents and employees, and any Subcontractors performing work covered by this

Contract from claims for damage for personal injury, including death, as well as from claims for

property damage, which may arise from operations under this Contract, whether such

operations by himself or by any Subcontractor, or by anyone directly or indirectly employed by

either of them. The amount of such insurance shall not be less than a combination single limit

of $1,000,000 per occurrence on bodily injury and property damage and $1,000,000 aggregate

on completed operations. The comprehensive general liability insurance shall provide the

following coverage:

Comprehensive

Premises – Operation

Products/Completed Operations Hazard

Contractual Insurance

Underground Hazard

Explosion & Collapse Hazard

Independent Contractor and Subcontractor

Page 13: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

Broad Form Property Damage

Personal Injury

Builders Risk

Automobile liability insurance minimum combined single limits of $1,000,000 for any one

person and subject to the same limit for each person, $1,000,000 on account of any one

accident. This insurance shall include bodily injury and property damage for the following

vehicles:

Owned Vehicles

Non-owned Vehicles

Hired Vehicles

Umbrella Policy. At the option of the Contractor, primary limits may be less than required, with

an umbrella policy providing the additional limits needed. This form of insurance will be

acceptable provided that the primary and umbrella policies both provide the insurance

coverage's herein required. However, any such umbrella policy must have minimum coverage

limits of $3,000,000.00.

All policies shall name the City of Martinsville, its officers, agents, and employees, as additional

insured. This coverage shall be reflected on the Certificates of Insurance (including any

endorsements or riders thereto), which will be provided to the City. Each Certificate of

Insurance shall require that notice be given thirty (30) days prior to cancellation or material

change in the policies to the Director of Purchasing.

Written evidence of the insurance required herein shall be filed with the City not later than

thirty (30) days following the date of the award of the Contract. A copy of the evidence of

insurance shall be filed with the Director of Purchasing.

OBSERVANCE OF LAWS

The Contractor at all times shall observe and comply with all Federal, State and City laws,

bylaws, ordinances and regulations in any manner affecting the conduct of the work or applying

to employees on the project, as well as all orders or decrees which have been promulgated or

enacted, by any legal bodies or tribunals having authority or jurisdiction over the work

materials, employees or contract.

PERFORMANCE

In case of default by the Contractor, the City of Martinsville may procure the services from other

sources and hold the Contractor responsible for any excess costs occasioned thereby.

Page 14: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

PERMITS

The Contractor shall, at his own expense, secure any business or professional licenses, permits

or fees required by the City of Martinsville, Commonwealth of Virginia or any other requesting

agency having jurisdiction. Contact the Commissioner of Revenue’s Office at 276-403-5131 for

details and instructions.

WORK CHANGES

The City of Martinsville without invalidating the contract, and without notice to any surety, may

order changes in the work within the general scope of the contract consisting of additions,

deletions or other revisions, providing the total amount added or eliminated does not exceed

twenty-five percent (25%) of the total contract price, or $10,000, whichever is greater. All such

changes in the work shall be authorized by change order, and shall be executed under the

applicable conditions of the contract documents.

The cost or credit to the City resulting from a change in the work shall be determined by unit

prices subsequently agreed upon or by mutual acceptance of a lump sum properly itemized, or

on the basis of cost of Work plus a Contractors Fee for overhead and profit as determined

below.

Should concealed conditions encountered in the performance of the work below the surface of

the ground or hidden in existing structures be at variance with the conditions indicated by the

contract documents, the contract price may be equitably adjusted by change order upon claim

by either party and approval of the other party, made within either party and approval of the

other party, made within twenty (20) days after the first observance of the conditions.

The Contractor shall promptly, and before such conditions are disturbed, notify the Project

Manager in writing of: (a) subsurface or latent physical conditions at the site differing materially

from those indicated in this contract, or (b) unknown physical conditions at the site, of an

unusual nature, differing materially from those ordinarily encountered and generally

recognized as inherent in work of the character provided for in this contract. The Project

Manager shall promptly investigate the conditions, and if he finds that such conditions do so

materially differ and cause an increase or decrease in the contractor's cost of, or the time

required for, performance of this contract, and equitable adjustment shall be made and the

contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder

shall not be allowed unless he has given notice as above required; or unless the Project Manager

grants a further period of time before the date of final payment under the contract.

Page 15: City of Martinsville Request For Sealed Bid Painting of #1 ......with magnetic gauges as outlined in Steel Structures Painting Council’s SSPC PA2 B. Make as many determinations as

HOLD HARMLESS CLAUSE

The Contractor shall, during the term of the contract, indemnify, defend, and hold harmless the

City, its' officials, employees, agents, and representatives thereof from all suits, actions, or

claims of any kind, including attorney's fees, brought on account of any personal injuries,

damages, or violations of rights, sustained by any person or property in consequence of any

neglect in safeguarding contract work or on account of any act or omission by the contractor or

his employees, or from any claims or amounts arising from violation of any law, bylaw,

ordinance, regulation or decree. The vendor agrees that this clause shall include claims involving

infringement of patent or copyright.

TERMINATION

Subject to the provisions below, the contract may be terminated by the City upon thirty (30)

days advance written notice to the other party; but if any work or service hereunder is in

progress, but not completed as of the date of termination, then this contract may be extended

upon written approval of the City until said work or services are completed and accepted.

1.Termination for Convenience - In the event that this contract is terminated or canceled upon

request and for the convenience of the City, without the required thirty- (30) days advance

written notice, then the City shall negotiate reasonable termination costs, if applicable.

2.Termination for Cause - Termination by the City for cause, default or negligence on the part

of the firm shall be excluded from the foregoing provision; termination costs, if any, shall not

apply. The thirty- (30) days advance notice requirement is waived in the event of Termination

for Cause.

3.Termination Due to Non-Appropriation of Funds in Succeeding Fiscal Years - When funds are

not appropriated or otherwise made available to support continuation of performance in a

subsequent fiscal year, the contract shall be canceled and the contractor shall be reimbursed

for the reasonable value of any non-recurring costs incurred but not amortized in the price of

the supplies or services delivered under the contract.