IFB 26023Z Standby Generator Inspection & Maintenance

AD # 03/04 & 03/06 INVITATION FOR BID
IFB #26023Z
C I T Y O F D A Y T O N, O H I O
Division of Procurement
CITY HALL
101 W. Third St.
DAYTON, OHIO 45402
STANDYBY GENERATOR INSPECTION & MAINTENANCE - PART I
For Further Information Contact: Date: March 04, 2026
Zachary Lee
101 W. Third St. Nicole Fox
Dayton OH 45402 Purchasing Agent
Phone No. 937-333-4003
ELECTRONIC PDF BIDS MUST BE RECEIVED IN THE DIVISION OF PROCUREMENT EMAIL TO
bids@daytonohio.gov NO LATER THAN: 10:00 A.M. local (Dayton OH) time on March 19, 2026
User Agency: Various
Your electronic PDF bid is requested for the following: To set a firm price agreement for Standby Generator Inspection &
Maintenance - on an as needed basis, with firm pricing from March 20, 2026 to December 31, 2026, and option for up to three (3)
one-year renewals at the City of Dayton's discretion.
For additional information on this IFB, please contact the Division of Procurement, Zachary Lee at (937) 333-4003.
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.
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DUE 03/19/2026 IFB #26023Z
BID TO THE CITY OF DAYTON, OHIO
DIVISION OF PROCUREMENT
E-MAIL TO: bids@daytonohio.gov
Note: FOB Destination; all prices bid to the City shall include all fees of transportation including inside delivery.
DESCRIPTION
STANDYBY GENERATOR INSPECTION & MAINTENANCE
The City of Dayton, Ohio, utilizes P-Cards (Master Charge) for many low dollar purchases under any applicable price agreements. Please bid
accordingly. Do you accept Master Charge Cards? Yes [ ] No [ ]
Price to remain firm for the period from March 19, 2026 through December 31, 2026?
Yes [ ] or No [ ] If no, for how long? ______________.
Renewal Option No. 1
January 1, 2027 through December 31, 2027?
Yes [ ] or No [ ] If no, maximum percentage increase (based on first-year bid pricing): _____ %
Renewal Option No. 2
January 1, 2028 through December 31, 2028?
Yes [ ] or No [ ] If no, maximum percentage increase (based on first-year bid pricing): _____ %
Renewal Option No. 3
January 1, 2029 through December 31, 2029?
Yes [ ] or No [ ] If no, maximum percentage increase (based on first-year bid pricing): _____ %
Is pricing associated with any Cooperative Purchasing Program? YES [ ] NO [ ] IF YES, please provide name and contract number of the
Cooperative Purchasing Program.
All requests for rate increases must be accompanied by supporting documentation that clearly provides a detailed justification.
City has the right to request price quote(s) prior to placing order for rental equipment.
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#_________________
Fax No._____________________________________________
2

DUE 03/19/2026 IFB #26023Z
BID TO THE CITY OF DAYTON, OHIO
DIVISION OF PROCUREMENT
E-MAIL TO: bids@daytonohio.gov
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. 26023Z Part 1, IFB No.
26023Z Part 2, etc.
BID OPENING
Topic: CITY OF DAYTON OHIO: IFB 26023Z - STANDYBY GENERATOR INSPECTION & MAINTENANCE
Time: Mar 19, 2026 10:00 AM Eastern Time (US and Canada)
Join Zoom Meeting
https://us04web.zoom.us/j/73931425124?pwd=ysDCwXS9SGfGTNF4MB4zJWk86FhVPa.1
Meeting ID: 739 3142 5124
Passcode: V08VLr
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City of Dayton, Ohio
Department of Water
MAINTENANCE OF STANDBY GENERATOR SYSTEMS
This request for proposal is to provide Inspection, Maintenance, and Emergency Services for 10 standby generator systems at
various locations for a period of three years, with the option, to be included in the agreement, for renewal of the agreement upon
written agreement by both parties.
A. SITE INVESTIGATION
The proposer should investigate each Standby Generator to determine what type of labor, equipment, and materials will be needed to
properly do the work.
Failure by the Proposer to acquaint himself with the physical conditions of the sites and all the available information will not relieve him
from responsibility for properly estimating the difficulty or cost of successfully performing the work.
Access to each Standby Generator can be gained by scheduling an appointment with a City electrician at (937) 901-5137 24 hours prior to
desired appointment date. A written list of personnel visiting the site will be required 24 hours in advance of the site visit for security
purposes.
B. QUALIFICATIONS
Qualifications must be included with the bid document. The qualifications shall clearly state the company's experience, personnel
organization, and any equipment that shall be utilized. Failure to submit this information as requested may result in the proposal being
rejected.
Bidders will be permitted to sub-contract portions of this project to facilitate a strong bid proposal. The proposer MUST provide the
following information at the time of bid submittal:
1. The name of the sub-contractor.
2. The items in this request that the sub-contractor will be responsible for.
3. Sub-contractor qualifications and experience.
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SCOPE SPECIFICATION
SECTION 26 01 30
PART 1 - GENERAL
1.1 DESCRIPTION
A. This specification and the supplementary 26 01 30-L - City of Dayton Generator Maintenance Log specifies routine
inspection, testing, maintenance, and emergency service for various standby generator systems by a qualified electrical
maintenance agency.
B. The maintenance agency shall provide all labor, materials, equipment, personal protective equipment, technical
supervision, and incidentals required to complete the maintenance identified herein and in 20 01 30-L.
C. All services rendered shall be provided in accordance with electrical safety standards and practices, including OSHA Sub
Part "S" and NFPA 70E.
D. Upon execution of contract with the maintenance agency, the City of Dayton shall provide access keys to the stationary
standby generator systems. The maintenance agency shall return the keys upon completion of contract.
1.2 QUALITY ASSURANCE
A. Qualifications:
1. Maintenance agency:
a. Maintenance agency shall have been regularly engaged in the maintenance of electrical materials, devices,
installations, and systems for a minimum of 5 years. The organization shall have a calibration program and test
instruments used shall be calibrated in accordance with NETA MTS.
2. Maintenance agency Field Personnel:
a. Maintenance, testing, inspection, calibration, and adjustments shall be performed by an engineering technician
who has factory certifications from Generac, Cummins, Caterpillar, or Kohler at the industrial generator level
and above. Portable and air-cooled generator level certifications only will not be acceptable. If any warranty
work is to be done on any of the four Generac S12R-Y2PTAW-1 generators or Generac F3BE9685A-E generator
these have to be done by those certified to do Generac warranty work. If any warranty work is to be done on the
any of the two Cummins C125D6C-2580549 generators or the Cummins #DFEJ2450911 generator these have
to be done by those certified to do Cummins warranty work. If the bidder is not certified to do any warranty
work on Generac or Cummins products then they must state so in their bids, and we will have to make
arrangements for those exceptions. If any warranty work is to be performed on any Kohler generators listed in
Attachment A, such work must be performed by technicians who are factory certified by Kohler at the industrial
generator level. Portable or residential-level certifications shall not be acceptable. The bidder must clearly state
in their bid whether they are certified to perform Kohler warranty work and identify the models for which
certification applies. If the bidder is not certified to perform Kohler warranty work, they must state so in their
bid response. The bidder must make us aware of which products of those mentioned they are certified to do
warranty work on. The bidder will still be able to bid on all non-warrantied maintenance on those products.
The remaining generators on our location list are currently not under warranty.
1.3 GENERAL SERVICES
A. Inspection:
1. Inspection and maintenance activities shall occur during monthly visits. Monthly, Annual, semi-annual inspections
and maintenance activities shall occur during the routine 12 separate visits a year to each generator. Weekly
inspections and checks shall be provided by the owner.
2. Provide a general visual conditional assessment of the equipment in addition to the specific inspection activities
identified for the individual equipment. The general conditional assessment shall consist of an overall evaluation
of enclosure integrity, component integrity, equipment condition, and general functional performance.
3. Identify physical damage, defective equipment, abnormal mechanical and electrical conditions, and potential safety
problems, environmental hazards, or code violations.
B. Testing Equipment and Methods:
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1. Perform tests on each item of distribution equipment identified in accordance with the latest edition of the
International Electrical Testing Association's (NETA) Maintenance Testing Specifications for Electrical Power
Equipment and Systems and the manufacturer's instructions.
2. The maintenance agency shall have a calibration program which maintains all applicable test instrumentation within
rated accuracy. The accuracy shall be traceable to the National Bureau of Standards in an unbroken chain.
3. Dated calibration labels shall be visible on all test equipment.
C. Routine Maintenance:
1. In addition to the specific maintenance tasks identified in Part 3 of this Section, providing a general cleaning of the
equipment if the equipment is able to be de-energized, locked out and tagged out. Examine the equipment for
collection of dirt, webs, or other forms of debris that may have collected in the equipment during normal operation
and vacuum or wipe clean with a dry, line-free rag.
2. When adjustments are made to equipment, identify "as found" and "as left" conditions in the report.
D. Emergency Services
1. Maintenance Agency shall provide a response time of two (2) hours or less for emergency service, 24hrs/7days per
week.
1.4 REPORTS AND DOCUMENTATION
A. General:
1. The maintenance agency shall create an "Inspection and Maintenance Monthly Report" including conditional
assessments and maintenance recommendations with itemized log and submit report to the City of Dayton on a monthly
basis. The report and log shall contain what maintenance items have occurred previously, what maintenance items
occurred during the current inspection/maintenance visit, and what maintenance is recommended for the next
inspection/maintenance visit in the upcoming month.
a. Maintenance tasks shall be recommended when they pass their threshold listed in the generator's Operation and
Maintenance Manual and/or the 26 01 30-L - City of Dayton Generator Maintenance Log. Other maintenance
tasks that may be recommended shall be submitted as well.
2. Labor for inspections and administration shall be the same each month.
3. Labor associated with routine monthly inspection, testing, and preventive maintenance activities required under Section
26 01 30 and 26 01 30-L shall be included in the Flat Rate Monthly Inspection & Service Cost. Hourly labor rates shall
apply only to corrective repairs, non-routine maintenance, or additional services authorized in writing by the City of
Dayton.
4. Maintenance requiring the purchase of supplies totaling more than $2000.00 shall require the submission of labor and
material cost estimates and shall require approval from the City of Dayton in writing before commencing. Maintenance
tasks requiring less than $2000 can be authorized verbally by designated City of Dayton representative per contract.
5. The Maintenance Agency shall use skilled tradesmen who are thoroughly trained and experienced in servicing standby
Generators and who are completely familiar with the specified requirements and the methods needed for proper
performance of the work including 4160 volt equipment as necessary.
6. The maintenance agency shall prepare a protocol for notifying the City of Dayton of any emergencies that occur while
performing maintenance on the stationary standby generator system.
7. The report submission shall be accompanied by certified copies of inspection reports, test reports, and maintenance-related
documentation.
8. The Maintenance Agency shall keep separate logs of all testing and maintenance performed on each standby generator.
The log shall include the inspector's name, the date, the name of the item, a description, and relevant comments regarding
each maintenance task.
9. Testing reports shall include the following:
a. Summary of services rendered
b. Name/Description of equipment tested and/or maintained
c. Description of test and/or maintenance
d. Test results
e. Testing Conclusions and testing recommendations
f. Appendix, including appropriate test forms
g. List of test equipment used and calibration date.
10. Submit report documentation not more than 10 days after services are completed.
B. Invoicing:
1. Invoices for completed contract administration, testing and maintenance activities shall be submitted monthly.
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2. The City will pay for labor without an additional multiplier.
3. Labor for inspections and contract administration shall be the same each month.
4. Maintenance requiring the purchase of supplies totaling more than $2000.00 shall require the submission of labor and
material cost estimates and shall require approval from the City of Dayton in writing before commencing. Maintenance
tasks requiring less than $2000 can be authorized verbally by designated City of Dayton representatives per contract.
5. The cost of supplies for approved maintenance activities shall be paid by the City of Dayton. However, the City of
Dayton is exempt from sales tax and will not be responsible for reimbursing sales tax. Documentation will be provided
to vendor to enable purchasing on Dayton's behalf as tax exempt.
6. Labor for maintenance that has been previously authorized and has been completed shall be invoiced on a time and
material basis based on the contract's rate table.
7. For Maintenance tasks requiring written approval, the City of Dayton reserves the right to bid out or get competitive
quotes for maintenance items and perform any maintenance items internally or through a separate party.
PART 2 - PRODUCTS
Materials used for replacement items shall be original equipment manufacturer (OEM) material or an approved equal.
PART 3 - EXECUTION
A. SECURITY
The Contractor and Subcontractors must supply the City of Dayton Water Department with a list of names as well as contact telephone
numbers on company letterhead. All employees on site shall wear a uniform shirt with the name of the individual and the Company
performing the work or must wear a Company picture Identification badge with a recent photo. Access is limited to the immediate work
site. The contractor is subject to any changes in the security policy without any prior notice. Failure to comply with these policies may
result in the individual being escorted from the facility. Contractor vehicles should be marked for easy identification as well.
The contractor will notify the City of Dayton Representative 48 hours prior to the start of any scheduled maintenance and will notify the
individual facility supervisors 48 hours in advance to schedule an appointment for access to the individual site. A list of supervisors addresses
and phones numbers will be supplied after the award of contract. The contractor will be required to supply a written report for each unit
serviced listing the units serial number, the service performed, test results and a list of parts used. These will be presented for signature when
the work is completed. In addition, the contractor will submit a typewritten report detailing the services performed, parts used and test results.
This report will be submitted with the request for payment.
Maintenance shall occur in the month following approval from the City of Dayton for recommended maintenance items/services.
Maintenance shall occur for approved items but shall not occur for unapproved items.
B. SCHEDULE
The Contractor will confer with the Owner to develop a schedule that will permit the work to proceed in a manner that shall provide the least
interference with the Owner's operations.
C. SITE ACCESS AND REQUIREMENTS
This equipment is located at secure facilities at the division of Water Supply & Treatment. The contractor will be required to follow all
security requirements in effect or that may be in effect at a future date. The contractor will be required to present and surrender a Driver's
license or Company Photo I.D. to gain access to the site to perform this service. The contractor will be required to submit information for
workers involved with this contract and are subject to a police background check. Workers violating the security policies will be asked to
leave the site and a request will be made to remove the individual from the maintenance contract.
D.SAFETY
The Contractor is fully responsible for job safety. The Contractor shall review with the Owner's Representative all aspects of the work with
respect to safety.
Safety equipment must be worn at all times and OSHA regulations will be observed. The Contractor must submit to the Owner a MSDS for
any substance that is considered a hazardous material.
E. PRESERVATION, RESTORATION, AND CLEANUP
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At all times during the work, the Contractor shall keep the premises clean and orderly, and upon completion of the work, repair all damage
caused by equipment and leave the project free of rubbish or excess material of any kind. The Contractor shall be responsible for the proper
disposal of all discarded items in accordance to Federal, State and Local regulations.
3.1 MAINTENANCE LOG
A. Documentation
1. Refer to 26 01 30-L for the required maintenance tasks. Any task marked as "Dayton" shall not be performed by the maintenance
agency. Tasks are categorized by frequency of inspection:
a. Weekly (W)
b. Monthly (M)
c. Semi-Annually (S)
d. Annually (A)
2. The maintenance agency shall address tasks occurring on a frequency of
M, S, and A.
3. Following the completion of a task the Maintenance Agency Field Personnel shall:
a. Fill out the "Inspector", "Date", and "Inspection to be performed" boxes.
b. Indicate the completion of a task by marking the corresponding box with an "x" symbol
c. Document any relevant comments in the corresponding "comment" box and additional attachment papers if necessary.
d. Make Recommendations for maintenance at next months maintenance visit in the corresponding "comment" box
e. Submit the completed maintenance log to the City of Dayton.
3.2 GENERATOR LOCATION
A. Location
1. See Attached A for a list of generators.
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City of Dayton, Ohio
Invitation For Bid (IFB) 26023Z
STANDYBY GENERATOR INSPECTION & MAINTENANCE
REFERENCES FOR BIDDING COMPANY
Name of Bidding Company: _____________________________________
Names, addresses, and telephone numbers for at least three references presently or previously served by your
firm for IFB #26023Z. Do not use the City of Dayton as a reference.
Company Name: ___________________________________________________
Address: ___________________________________________________
Contact Person: ___________________________________________________
Telephone Number: ___________________________________________________
Email Address: ___________________________________________________
Company Name: ___________________________________________________
Address: ___________________________________________________
Contact Person: ___________________________________________________
Telephone Number: ___________________________________________________
Email Address: ___________________________________________________
Company Name: ___________________________________________________
Address: ___________________________________________________
Contact Person: ___________________________________________________
Telephone Number: ___________________________________________________
Email Address: __________________________________________________
9

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