IFB 27005N Water Main Pipe, Fittings, Valves and Related Supplies

C I T Y O F D A Y T O N, O H I O
INVITATION FOR BID
AD #10/28 & 10/29 IFB No. 27005N
Purchasing Division
Room 514, CITY HALL
P.O. Box 22
DAYTON, OHIO 45401
WATER MAIN PIPE, FITTINGS, VALVES AND RELATED SUPPLIES
Part I of II
For Further Information Contact: Date October 28, 2026
Nicole Fox
Room 514, CITY HALL Nicole Fox
101 W. Third St. Purchasing Agent
Dayton OH 45402
Phone No. 937-333-4016
ELECTRONIC PDF BIDS MUST BE RECEIVED IN THE DIVISION OF PROCUREMENT EMAIL TO bids@daytonohio.gov
NO LATER THAN: 3:00 P.M. local (Dayton OH) time on November 9, 2026
User Agency: Water Req Number(s): various
Your electronic PDF bid is requested for the following: To establish a firm Price Agreement for Water Main Pipe,
Fittings, Valves and Related Supplies with firm pricing through December 31, 2027 with a possible option to renew, at the
City of Dayton's discretion, firm pricing for two (2) additional 12-month period from January 1, 2028 through December
31, 2029.
For additional information on this IFB, please contact the Division of Procurement, Nicole Fox at (937) 333-4041.
A copy of this bid may be found on the City's Website at: http://www.daytonohio.gov/bids.aspx
All Vendors must submit a current copy of their W-9 with the Bid. If you have not registered with the City of Dayton,
please complete and submit your complete Vendor Application form. Forms must be on file with the City of Dayton
before any Purchase Order or contract can be awarded with your company.
Forms can be found on the City of Dayton's website at: http://www.daytonohio.gov/781/Doing-Business-With-the-City-
of -Dayton
Submit one (1) signed original PDF of bid to bids@daytonohio.gov with IFB number in "Subject" line. All
supplemental documentation shall be included with the original.
BIDDER IS REQUESTED TO USE THE CITY'S BID FORM ENCLOSED AS NONE OTHER WILL BE ACCEPTED.
LEGIBLE INFORMATION MUST BE GIVEN IN THE SPACES PROVIDED.
A copy of the Bid Tabulation may be obtained by contacting the Procurement office and will be available online once the award has
been made.
All federal, state, and local laws regarding competitive bidding, anti-competitive practices, and conflict of interest shall be applicable to
this I.F.B.
Bids are to include all shipping costs to the point of delivery as indicated above.
The City of Dayton is exempt from payment of federal excise taxes and state retail sales taxes (Ohio Vendor's License No. 57-15847).
Multi-year orders are valid only if funds are available in succeeding years.
State Manufacturer and Model No. of items you are bidding and send DESCRIPTIVE LITERATURE on same with your bid. Any brand
names on our bid form are to establish quality levels and do not indicate preference.
The City of Dayton reserves the right to reject any or all bids, to waive any irregularities in a bid, or to accept the bid or bids which in
the judgment of proper officials, is to the best interest of the City.
The City of Dayton reserves the right to accept a part or parts of a bid unless otherwise restricted in the bid. If you are not in a position
to quote, advise to this effect so we may keep your name on our active bid list. We are not permitted to accept telephone bids or Fax
bids.
BIDDER'S PLEASE NOTE: Your signed equal opportunity "Affirmative Action Assurance" form (available at Human Relations Council,
371 W. Second St., Suite 100, Dayton, Ohio 45402--Phone No. 937-333-1403) must be on file with the City of Dayton before an order
or contract can be issued. Please complete and return promptly to the Human Relations Council.

BID TO THE CITY OF DAYTON, OHIO
DIVISION OF PROCUREMENT
E-MAIL TO: bids@daytonohio.gov
Date: ___________ Buyer: Nicole Fox - nicole.fox@daytonohio.gov I.F.B. No. 27005N
Note: FOB Destination; all prices bid to the City shall include all fees of transportation including inside delivery.
DESCRIPTION
Water Main Pipes, Fittings, Valves and Related Supplies
Please bid on the specific items as listed: for items which the City of Dayton is requesting catalog(s) price list(s) submit the latest
edition and designate the price column from which pricing will be offered to the City. Also, state clearly the discount available to
the City. This initial catalog(s) price list(s) will provide firm pricing for the first 12 month period (1/1/2027 - 12/31/2027).
Name of Catalog(s) and/or Price List(s):_________________________ Catalog No. _________
Discount ___________________________________________________________________________________
(Discount percentage to remain constant regardless of updated pricing)
Water Main Pipes, Fittings, Valves and Related Supplies - Part II of II
This portion of the bid is per the attached specifications and the excel pricing sheet.
*** Please fill in Grey Shaded Areas Electronically on the Excel Spreadsheet labeled Part II. Please
save and submit Part II of II as an excel file.***
Bidder shall provide all product Summary and Specifications related to product(s) and Manufacturer's Warranty listed below with
your company's bid response.
BIDDER IS REQUESTED TO USE THE CITY'S BID FORM ENCLOSED AS NONE OTHER WILL BE ACCEPTED.
THE UNDERSIGNED HEREBY CERTIFIES THAT ITEMS FURNISHED AS A RESULT OF THIS BID WILL BE IN FULL ACCORDANCE WITH
THE CITY OF DAYTON SPECIFICATIONS APPLYING THERETO UNLESS EXCEPTIONS ARE STATED ABOVE.
"I certify the bidding entity complies with City of Dayton Ordinance #30829-09 and the City's Revised Code of General
Ordinances Section 35.70 through 35.74 regarding Living Wages." [ ] YES [ ] NO
All delivery costs are included in this quotation Bidding Company____________________________________
regardless of F.O.B. designation.
Address : ___________________________________________
Cash Discount Allowed:______% 10th Proximo.
Leave blank if your terms are Net 30 Days. ___________________________________________________
City State Zip Code
Delivery will be made within ________ calendar
days after receipt of order. ____________________________________________________
Email address to send Purchase Order to:
Prices quoted will remain firm for acceptance with-
in 90 calendar days after bid opening unless other- By:_________________________________________________
wise stated. (Please Print or Type) Name and Title
Signature: ___________________________________________
Phone No.__________________/FED. ID#_________________

BID TO THE CITY OF DAYTON, OHIO
DIVISION OF PROCUREMENT
E-MAIL TO: bids@daytonohio.gov
Date: ___________ Buyer: Nicole Fox - nicole.fox@daytonohio.gov I.F.B. No. 27005N
Note: FOB Destination; all prices bid to the City shall include all fees of transportation including inside delivery.
DESCRIPTION
The undersigned proposes and agrees to furnish any or all items or services bid and to deliver them to the specific destination at
the prices stated herein.
The City of Dayton is using P-Cards (Master Charge) for many low dollar purchases based on any Price
Agreement(s) in effect - please bid accordingly. Do you accept Master Charge Cards? ______________
Price to remain firm for the period through December 31, 2027?
Yes [ ] or No [ ] If no, for how long? ______________.
Option to renew any resulting price agreement at the same rates, terms, and conditions for additional 12-month period (from
January 1, 2028 through December 31, 2028) at the City's sole discretion?
Yes [ ] or No [ ] If no, state maximum percent of increase (based on pricing as of first year of bid) to retain this option
is _________%.
Option to renew any resulting price agreement at the same rates, terms, and conditions for additional 12-month period (from
January 1, 2029 through December 31, 2029) at the City's sole discretion?
Yes [ ] or No [ ] If no, state maximum percent of increase (based on pricing as of first year of bid) to retain this option
is _________%.

City of Dayton
Department of Water
Division of Water Distribution
General Specifications for Water Main Pipe, Fittings, Valves and Related Supplies Bid
October 2026
This specification covers the purchase of water main piping, valves, fittings and appurtenances intended for use in the City of
Dayton's ("City") Water Distribution system.
All items shall be delivered to the Water Distribution stockroom, 945 Ottawa Street, Dayton, Ohio, 45402 between the hours of
8:00 A.M. and 2:00 P.M. local (Dayton, OH) time, Monday through Friday excluding holidays. Vendors shall give at least a 24-
hour advance notice of delivery in order that unloading equipment will be available. All deliveries shall be in open top carriers to
facilitate unloading by crane type equipment or forklift. Fittings shall be skidded and shrink-wrapped or in a crate not to exceed
36 inches in height. Curb boxes shall have upper and lower sections screwed together and be skidded and banded in not more
than five layers. Valve Boxes shall NOT have upper and lower sections screwed together. Fittings received improperly packaged
will be refused.
Pipes and fittings where the lining has been damaged shall be replaced by and at the expense of the manufacturer. With the
concurrence of the City's Department of Water, small and readily damaged areas may be repaired.
Pipe manufacture shall have a minimum 5 years of experience in the production of ductile piping, fittings, or valves and shall show
evidence of satisfactory service in at least 5 installations. Each type of pipe shall be the product of one manufacturer.
All piping, fittings, valves and appurtenances that come into contact with potable water shall be ANSI/NSF Standard 61 certified.
SECTION 1 - DUCTILE IRON PIPE (DI) AND FITTINGS
1.01 Ductile Iron (DI) Pipe
All ductile iron (DI) pipes shall be designed in accordance with AWWA C150 and manufactured in accordance with AWWA C151
for material, pressure, dimensions, tolerances, tests, markings and other requirements.
All pipes shall be cement lined and bituminous seal coated in accordance with AWWA C104 and shall have an outside coating of
bitumastic enamel or approved equal.
The minimum wall thickness for pipe 24 inches or less in diameter shall be that given by Thickness Class 51. The required
Thickness Class for pipe larger than 24 inches in diameter shall be stated in a Supplemental Specification.
All ductile iron (DI) pipe and fittings for ductile iron (DI) pipe shall be provided with either push-on joint ends or mechanical joint
(MJ) ends manufactured in accordance with AWWA C111 as noted on the bid form.
All push-on joints shall have the plain end painted with a circular stripe to provide a guide for visual check to insure that joint is
properly assembled.
Gaskets for joints shall be molded rubber.
Ductile iron (DI) pipe shall come complete with gaskets and bolts (if MJ pipe) only. Follower glands for mechanical joint (MJ)
pipe will be ordered as a separate bid item.
1.02 Fittings for Use with Ductile Iron Pipe
Fittings shall be minimum of Class 250, ductile iron (DI) manufactured in accordance with AWWA C110, or ductile iron (DI)
compact fittings manufactured according to AWWA C153.

All fittings shall be provided with mechanical joint (MJ) ends made in accordance with AWWA C111. All fittings shall be cement
lined and bituminous seal coated in accordance with AWWA C104 and shall have an outside coating of bitumastic enamel or
approved equal.
All fittings shall be provided without accessories.
1.03 Restraint Mechanisms for Ductile Iron Pipe and Fittings
Ductile iron (DI) pipe and fittings follower glands shall be a restraining mechanism, which, when actuated, imparts multiple
wedging action against the pipe, increasing its resistance as the pressure increases.
Twist off nuts shall be used on the follower gland to insure proper actuating of the restraint devices.
Joint restraint devices shall have a working pressure of at least 250-psi with a minimum safety factor of 2:1.
Mechanical joint (MJ) follower glands shall be EBBA Iron Mega lugs or Approved Equal. Restraining type push-on joints shall
be subject to approval.
SECTION 2 - GATE VALVES
2.01 Description
All gate valves provided shall conform to the latest revision of AWWA C509 except as modified herein.
All gate valves, unless otherwise specified, shall meet the following design criteria and be manufactured of materials meeting the
following specifications.
1. Gate valves shall be resilient-wedge type rated for 250-psi cold water working pressure, have non-rising stem, open right
(clockwise), and have mechanical joint (MJ) ends.
2. All ferrous components shall be ductile iron (DI). The manufacturer name, valve size, and pressure rating shall be cast or
stamped on the valve.
3. Wedge shall be constructed out of ductile iron (DI) encapsulated with a nitrile, SBR rubber, EPDM elastomer or material as
approved.
4. All internal and external surfaces shall be coated with a polyamide cured epoxy coating system applied over a sand blasted "new
white metal surface" per SSPC-SP10 to a minimum of 10 mils in compliance with AWWA C550.
5. Mechanical joint (MJ) ends shall conform to the restrained joint requirements for ductile iron (DI) pipe.
6. Bolting materials shall develop the physical strength requirements of ASTM A307 and may have either regular square or
hexagonal heads with dimensions conforming to ANSI B18.2.1.
7. Valves shall be supplied with 2 inch operating nuts constructed out of ductile iron (DI) and shall have four flats at stem connection
to assure even input torque to the stem.
8. Gate valves shall be bi-directional flow. Valves shall have smooth, unobstructed, oversized flow way.
Valves 12-inch and smaller shall be of vertical design. Valve size in 16 inch shall be bid both vertical and horizontal design.
Valves 20-inch and greater shall be of the horizontal design. For valve size 16-inch of the vertical design, lifting lugs shall be an
integral part of the valve and the valve shall have flat bottom surfaces allowing the valve to stand up-right. Horizontal valves shall
have totally enclosed extended gear cases and shall be designed for buried service.
The gate valve shall be provided with gaskets and bolts but not with follower glands.
2.02 Data To Be Supplied By Manufacturer
The Manufacturer shall submit for approval, two sets of drawings, certified as to the accuracy of the information contained thereon,
showing the principal dimensions, general construction features and materials proposed for use for all parts of the valve and
operator. Drawings shall be in sufficient detail to verify conformance to the requirements of the specifications. The valves shall
be manufactured in accordance with these certified drawings after they have been approved. One set will be returned to the
manufacturer marked Approved, Not Approved or Amend and Resubmit.
The Manufacturer shall, if requested by the City, supply records of any of the tests required by AWWA C500 and AWWA C509.

2.03 Certification
The Manufacturer shall furnish, at the time the valves are delivered, a sworn and notarized statement from the manufacturer
certifying that the valves comply with all requirements of these specifications, and that all tests specified therein have been
performed and all test requirements have been met.
S ECTION 3 - BUTTERFLY VALVES
3.01 Description
All butterfly valves provided shall conform to the latest revision of AWWA C504 except as modified herein.
All butterfly valves, unless otherwise specified, shall meet the following design criteria, and be manufactured of materials meeting
the following specifications.
1. Butterfly valves shall be rubber-seated type rated for 150-psi non-shock shutoff pressure, open right (clockwise), and
have ends for use with ductile iron pipe shall have mechanical joint ends and furnished complete with restrained joint
assemblies per Item 824. Ends for use with prestressed concrete pipe shall be shouldered and furnished complete with
victaulic couplings per Item 823.
2. Bodies shall be ductile iron conforming to ASTM A536, Grade 65-45-12 or cast iron per ASTM A126 Class B and conform to
AWWA C504 in terms of laying length and minimum body shell thickness.
3. All internal and external surfaces shall be coated with a polyamide cured epoxy coating system applied over a sand
blasted "new white metal surface" per SSPC-SP10 to a minimum of ten mils in compliance with AWWA C550.
4. Unless otherwise approved, shafts shall be 18-8 type 304 stainless steel, turned, ground and polished and secured to the
valve disc by means of one or more tangential fitted stainless steel taper pins driven into reamed tapered holes and held
snug by means of a locking nut or hex-mated to valve disc and designed to exclude water.
5. Valve discs shall be designed to seat at 90 degrees to the pipe axis. discs shall be cast iron ASTM A126 Class B with 316
stainless steel disc edge. Discs shall be secured to the shaft by stainless steel pins sized to transmit torque required and
withstand stresses imposed under severe operating conditions.
6. Seats shall be Buna-N rubber located on the valve body. Butterfly valves for buried service shall be supplied with 2-inch
operating nuts conforming to the requirements of AWWA C500, Section 3.16.
7. Actuators shall be of the self-locking worm gear design, suitable for buried or submerged service, and shall meet design
requirements as specified in AWWA C504. Actuators shall deliver an output torque equal to that given in Table 4, AWWA
C504. Actuators having an output torque rating less that given in Table 4 shall be permitted only if the manufacturer
submits acceptable certified test results that substantiates that the maximum torque required to seat and unseat the
valve under the most adverse design conditions is less than given in Table 4. The most adverse design conditions are
considered to be the following: opening against the full design pressure of 150 pounds per square inch with dry
downstream and closing against a velocity of 16 feet per second at the design working pressure of 150 pounds per square
inch.
8. All valves shall be ANSI/NSF Standard 61 certified.
3.02 Data To Be Supplied By Manufacturer
The Manufacturer shall submit for approval, two sets of drawings, certified as to the accuracy of the information contained
thereon, showing the principal dimensions, general construction features and materials proposed for use for all parts of the
valve and operator. Drawings shall be in sufficient detail to verify conformance to the requirements of the specifications. The
valves shall be manufactured in accordance with these certified drawings after they have been approved. One set will be
returned to the manufacturer marked Approved, Not Approved or Amend and Resubmit.
The Manufacturer shall, if requested by the City, supply records of any of the tests required by AWWA C500, C504 and C550.
3.03 Certification
The Manufacturer shall furnish, at the time the valves are delivered, a sworn and notarized statement from the manufacturer
certifying that the valves comply with all requirements of these specifications, and that all tests specified therein have been
p erformed and all test requirements have been met.

All tapping sleeves shall be flanged ASTM A36 carbon steel-flat face and recessed for standard tapping valve through 24" AWWA
C207 Class D ANSI 150 pound drilling with bolt holes straddling pipe center line or mechanical joint type, designed for use on
the class of pipe being tapped. For maximum corrosion resistance the sleeve style has approximately 12 mils of fusion applied
epoxy and stainless steel bolts, nuts and washers. Sleeves shall be constructed of ductile iron conforming to ASTM A536 and
designed for 150 pounds per square inch working pressure. The outlet side shall be flanged and grooved to fit a raised male flange
on the tapping valve. These flanges shall be drilled and not cored or slotted. The bolting and gasket where the two halves are
joined shall extend the full length of the sleeve.
SECTION 4 - TAPPING SLEEVE WITH TAPPING VALVE
All tapping valves shall conform in all respects to the requirements of gate valves except that inlet joints shall be flanged to
conform with the tapping sleeve provided to assure proper alignment. The outlet ends shall be mechanical joint (MJ) with slotted
h oles. Seat rings shall be of sufficient size to permit passage of the tapping machine.
All tapping sleeves shall be flanged ASTM A36 carbon steel-flat face and recessed for standard tapping valve through 24" AWWA
C207 Class D ANSI 150 pound drilling with bolt holes straddling pipe center line or mechanical joint type, designed for use on
the class of pipe being tapped. For maximum corrosion resistance the sleeve style has approximately 12 mils of fusion applied
epoxy and stainless steel bolts, nuts and washers. Sleeves shall be constructed of ductile iron conforming to ASTM A536 and
designed for 150 pounds per square inch working pressure. The outlet side shall be flanged and grooved to fit a raised male flange
on the tapping valve. These flanges shall be drilled and not cored or slotted. The bolting and gasket where the two halves are
joined shall extend the full length of the sleeve.
Suppliers shall state for each size sleeve the minimum and maximum outside pipe diameter on which the sleeves may be used and,
where applicable, supply all gaskets adaptable to the full range of allowable outside diameters.
1. The shell shall be 304 stainless steel.
2. The nuts shall be heavy-hex of 304 stainless steel (S/S) and lubricated to prevent gailing or seizing.
3. The bolts, nuts, and washers shall be 304 stainless steel (S/S).
4. The gaskets shall be of virgin Nitrile compounded for water service.
Suppliers shall state for each size sleeve the minimum and maximum outside pipe diameter on which the sleeves may be used and,
where applicable, supply all gaskets adaptable to the full range of allowable outside diameters.
The tapping sleeve shall be a PowerSeal model 3490MJ stainless steel (S/S) sleeve with mechanical joint (MJ) outlet as
m anufactured by PowerSeal Corporation or approved equal.
SECTION 5 - TAPPING SLEEVE STAINLESS STEEL ONLY
The tapping sleeve shall be an epoxy coated or stainless steel tapping sleeve with a flanged joint outlet that is suitable for use with
a standard resilient wedge tap valve in sizes 4" - 12" as specified herein. The flanged joint outlet shall be a one-piece casting
h aving a full TIG and MIG welded a full 360 degrees in full accordance with ANSI/AWWA C110, C111A21-10 and A21-11.
The tapping sleeve shall meet the following design criteria and be manufactured of materials meeting the following specifications.
1. The shell shall be 304 stainless steel.
2. The nuts shall be heavy-hex of 304 stainless steel (S/S) and lubricated to prevent gailing or seizing.
3. The bolts, nuts, and washers shall be 304 stainless steel (S/S).
4. The gaskets shall be of virgin Nitrile compounded for water service.
Suppliers shall state for each size sleeve the minimum and maximum outside pipe diameter on which the sleeves may be used
and, where applicable, supply all gaskets adaptable to the full range of allowable outside diameters.
The tapping sleeve shall be a PowerSeal model 3490MJ stainless steel (S/S) sleeve with mechanical joint (MJ) outlet as
manufactured by PowerSeal Corporation or approved equal.
SECTION 6 - VALVE BOXES
Valve boxes shall be constructed of ductile iron (DI) conforming to ASTM A536 and shall be adjustable three piece, screw type,
with a lower section that locks into the #6 base and with female threads on the end at the base, with a 5 1/4" shaft that can be
extended from 48" to 60", all extensions to have female and male threads, Buffalo Pipe and Foundry Corporation No. B-5001,
Alabama Pipe Company No. 10357, Clow No. F-2450, or approved equal. The ductile iron (DI) cover shall have the word
"WATER" on top.
P av-a-adjuster Drawing For Items # 340 & 341.

Bidding Company:______________________________________

BID TO THE CITY OF DAYTON, OHIO
DIVISION OF PROCUREMENT
E-MAIL TO: bids@daytonohio.gov
Date: ___________ Buyer: Nicole Fox - nicole.fox@daytonohio.gov I.F.B. No. 27005N
Note: FOB Destination; all prices bid to the City shall include all fees of transportation including inside delivery.
DESCRIPTION
BID DOCUMENT
All bid shall be submitted as PDF via electronic submission to bids@daytonohio.gov. The City's email size can only accept
20meg limit for incoming e-mail message sizes (20meg includes e-mail itself and any attachments total). Should the bid
document be larger than this size your company will have to submit bid in several email documents. Should the bid be submitted
in multiple parts please designated in the "Subject", your bid response as multiple "Parts", i.e. IFB No. 27005N Part 1, IFB No.
27005N Part 2, etc.
BID OPENING
The bid opening will be using ZOOM and the login information is:
Topic: Bid Opening- November 9, 2026 Time: 3:00 P.M. Eastern Time (US and Canada)
Join Zoom Meeting
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Join and take notes
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Meeting chat link
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Meeting ID: 897 4840 0409
Passcode: 339071
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TERMS AND CONDITIONS
1. BILLING: All goods or services must be billed to THE CITY OF DAYTON, OHIO and at prices not exceeding those stated on the Purchase Order. If prices or terms do not agree with quotation,
notify the City of Dayton, Division of Procurement, immediately.
2. INVOICE: All invoices must be in duplicate and must be forwarded to the City of Dayton at the address shown on the Purchase Order. Each Purchase Order must be invoiced separately. Invoices
for partial shipments will be accepted; final invoice must indicate completion of order.
3. CASH DISCOUNTS: All cash discount terms will be effective from date of actual receipt and acceptance of the items purchased, or from receipt of correct and acceptable invoice, whichever is
later.
4. F.O.B.: Destination (City of Dayton, Ohio) with delivery to the specified Department at the specified street address. NO COLLECT FREIGHT SHIPMENTS WILL BE ACCEPTED. All
quotations are solicited won a delivered price basis. When, in rare instances, the City accepts a quotation not including all shipping charges, your claim for reimbursement must be itemized on the
invoice and supported with a copy of the original freight bill.
5. TAXES: The City of Dayton is exempt from payment of Federal excise taxes and State retail sales taxes. The City of Dayton's Federal Exemption Certificate is No. 31-73- 0546K and Ohio
Vendor's License No. is 57-15847. The Vendor is responsible for all Social Security taxes and Workers' Compensation contributions for the Vendor or any of the Vendor's employees.
6. DELIVERIES: All deliveries on this order must be in full accordance with specifications, properly identified with the Purchase Order number, and must not exceed the quantities specified.
7. CANCELLATION: The City of Dayton reserves the right to cancel this order by written notice if the Vendor does not fulfill its contractual obligations with respect to timeliness and/or
quality.
8. DEFAULT PROVISIONS: In case of default by the Vendor, the City of Dayton may procure the items from other sources, and the Vendor shall be responsible for any excess costs occasioned
thereby.
9. NO VERBAL AGREEMENTS: The City of Dayton will be bound only by the terms and conditions of this order and will not be responsible for verbal agreements made by any other officer or
employee of the City of Dayton. The receipt of this purchase order does not indicate an authorization of fulfillment. Confirmation by City personnel must be received as indicated in the purchase order
before any orders are placed.
10. PATENT AND COPYRIGHT INFRINGEMENTS: It is hereby understood that by acceptance of this order, the Vendor agrees to defend, indemnify, and save harmless the City of Dayton, Ohio,
its officers, agents and employees from any and all loss, costs or expense on account of any claim, suit or judgment as a result of, caused by, or incidental to any patent, copyright or trademark
infringement and/or royalty, actual or claimed, because of the use or disposition by said City of any article enumerate on this order and sold to said City pursuant to this order.
11. APPLICABLE LAWS: The Vendor warrants that the items and their production or completion shall not violate any federal, state or local laws, regulations or orders.
12. INSPECTION: The City of Dayton may inspect the items ordered hereunder during their manufacture, construction and/or preparation at reasonable times and shall have the right to inspect such
items at the time of their delivery and/or completion.
13. WARRANTY: The Vendor warrants all items delivered hereunder to be free from defects of material or workmanship, to be of good quality, and to conform strictly to any specifications,
drawings or samples which may have been specified or furnished by the City of Dayton, and the Vendor further warrants that the Vendor will have good title to the items free and clear of all liens
and encumbrances and will transfer such title to the City of Dayton. Said warranties shall not negate or limit any implied warranties of merchantability or fitness. This warranty shall survive any
inspection, delivery, acceptance or payment by the City of Dayton.
14. RISK OF LOSS: Title and risk of loss to and with respect to the items shall remain in the Vendor until the items in a completed state have been delivered to and accepted by the City of Dayton
or to an agent or consignee duly designated by the City of Dayton at the location specified on the face hereof, items which are to be shipped shall be shipped F.O.B. destination unless otherwise
specified by the City of Dayton. A packing slip must accompany each such shipment and if a shipment is to a consignee or an agent of the City of Dayton, a copy of the packing slip shall be forwarded
concurrently to the City of Dayton. If no such packing slip is sent, the count or weight by the City of Dayton or its agent or consignee is agreed to be final and binding on the Vendor with respect to
such shipment.
15. SAVE HARMLESS: To the fullest extent permitted by law, the Vendor shall protect, defend, indemnify and hold free and harmless the City of Dayton, its agents, consignees, employees, and
representatives from any and all claims, damages, losses claims of loss, causes of action, penalties, settlements, costs, liabilities and expenses of any kind, including but not limited to attorney's fees,
arising out of any acts or omissions of the Vendor; its officers and employees, including but not limited to temporary employees that the Vendor provides to the City of Dayton who may be trained or
controlled by the City of Dayton to any degree; consultants; agents; and, subcontractors of any tier used in any way to provide the goods or services for this purchase order.
16. FORCE MAJEURE: Neither the City nor Vendor shall be considered in default of these Purchase Order Terms and Conditions for delays in performance caused by circumstances beyond the
reasonable control of the non-performing party. For purposes of these Terms and Conditions, such circumstances include, but are not limited to: abnormal weather conditions; floods; earthquakes;
fire; epidemics; wars, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or
authorization from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either the City of Consultant under this Agreement. Should
such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing
continued performance and the efforts being made to resume performance under this Purchase Order.
17. INSURANCE: If requested by the City of Dayton, the Vendor shall maintain policies of liability insurance of such types and such amounts and with such companies as may be designated by
the City of Dayton, which policies shall be written so as to protect the City of Dayton and the Vendor from the risks enumerated in Section 15. Such policies of insurance shall not be cancellable
except upon thirty (30) days written notice to the City of Dayton and proof of such insurance shall be furnished by the Vendor to the City of Dayton. In addition, such policies shall protect all
subcontractors of the Vendor. The Vendor agrees to make prompt written report to the insurance company involved of all accidents, occurrences, injuries or losses which may occur and of any and
all claims made against the persons insured under said policies.
18. SPECIFICATIONS CONFIDENTIAL: Any specifications, drawing, notes, instructions, engineering notices or technical data referred to in this Purchase Order shall be deemed to be incorporated
herein by reference the same as if fully set forth. The City of Dayton shall at all times retain title to all such documents and the Vendor shall not disclose such to any party other than the City of
Dayton or a party duly authorized by the City of Dayton. Upon the City of Dayton's request or upon completion and delivery of the items the Vendor shall promptly return all such documents
to the City of Dayton.
19. EXAMINATION OF PREMISES: If work is to be performed hereunder on the premises of the City of Dayton, the Vendor represents that it has examined the premises and any specifications or
other documents furnished in connection with the items and that it has satisfied itself as to the condition of the premises and site and agrees that no allowance shall be made in respect of any error as
to such on the part of the Vendor.
20. CLEANING OF PREMISES: If work is to be performed hereunder on the premises of the City of Dayton, the Vendor shall at all times keep the premises free from accumulation of
waste material or rubbish. At the completion of the items the Vendor shall leave the premises and the items broom-clean.
21. EQUAL EMPLOYMENT OPPORTUNITY, R.C.G.O. Sec. 35.14: (a) The Vendor agrees that it will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, ancestry, national origin, place of birth, age, marital status, or handicap with respect to employment, upgrading, promotion or transfer, recruitment
or recruitment advertising, lay-off, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) It is expressly agreed and understood by Vendor
that R.C.G.O. Sec. 35.14 constitutes a material condition of this contract as fully as if specifically rewritten herein and that failure to comply therewith shall constitute a breach thereof entitling the
City to terminate the contract at its option.
22. AGREEMENT TO BE EXCLUSIVE: This Purchase Order contains the entire agreement between the parties and supersedes all other agreements between them. The parties acknowledge and
agree that neither of them has made any representation with respect to the subject matter of this Purchase Order or any representation inducing the execution and delivery of this Purchase Order except
such representations as are specifically set forth herein, and each party acknowledges that it has relied on these representations in connection with its dealings with the other.
23. GOVERNING LAW: This Purchase Order, the performance under it, and all suits and special proceedings under it shall be construed in accordance with the laws of the State of Ohio. In any action,
special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Purchase Order, the laws of the State of Ohio shall be applicable and shall govern to
the exclusion of the laws of any other forum, without regard to the jurisdiction in which the action or special proceeding may be heard.
24. ADDITIONAL RIGHTS: Any rights or remedies granted to the City of Dayton in any part of this Purchase Order shall not be exclusive of, but shall be in addition to, any other rights or remedies
granted in another part of this Purchase Order and any other rights or remedies that the City of Dayton may have at law or in equity in any such instance.
25. PRODUCT MANUFACTURE LABOR STANDARDS: Products and services provided for in this Purchase Order cannot be produced under "Sweatshop" Conditions as defined in Informal
Resolution No. 301-97 as adopted by the Commission of the City of Dayton. The City of Dayton encourages vendors, contractors, Enterprise Zone employers and other organization doing business
with the City of Dayton to use their best efforts to pay a living wage to their employees in accordance with Informal Resolution No. 321-98 as adopted by the Commission of the City of Dayton.
26. CONTRACTOR: Contractor acknowledges its employees are not public employees for purpose for Ohio Public Employees Retirement System ("OPERS") membership.
27. VENUE: Vendor agrees that all suits or special proceedings pertaining to or arising from this Purchase Order shall be brought exclusively in a court of competent jurisdiction located in Montgomery
County, Ohio. Vendor hereby consents and submits to the exclusive jurisdiction of such court. Vendor agrees that no legal action, suit or proceeding with respect to this Purchase Order may be brought
in any other forum.
28.VENDOR WARRANTS AND GUARANTEES THAT: (a) all services provided shall be performed in a timely, efficient, and professional manner; (b) all personnel assigned to perform services shall
have the necessary skill and training; and (c) services shall be performed in a manner consistent with the standard of care in the industry. The Vendor shall fully warrant and guarantee the effectiveness,
fitness for purpose intended, quality and merchantability of any services or work performed. This shall be in addition to any other warranty, guarantee, or remedy provided by law or otherwise.
29. TERMINATION: The City may, at any time, upon twenty days written notice to the contractor, terminate this purchase order in whole or in part for the City's convenience and without cause. The
contractor shall not be entitled to any profit or overhead for the materials, equipment or services not performed.
T&C Revision Date: 20 November 2024