1-RFB 2025-076 Bid Package.pdf

REQUEST FOR BID

RFB No. 2025-076

City Facility Generators Dewey Community Center (925 N. 9th Street), and Add Alternate Bidding for

Waco Multi-Purpose Center (1020 Elm Avenue), and Fleet Services Heavy and Light Shops (324 and 315 Colcord Avenue, respectively)

Issue Date: September 19, 2025 All Questions Due: October 13, 2025 5:00 P.M. CT

Bid Closing Date & Time: October 24, 2025 2:00 P.M. CT

Bid Opening Date & Time: October 24 2025 2:05 P.M. CT

For Information Contact:

Christopher Hanchard, Purchasing Manager, 254-750-6640, or christopherh@wacotx.gov

Pre-Bid Meeting (Non-Mandatory):

Monday, September 29, 2025, at 10:00 A.M.

Via Zoom Video & Dial In (Please see Page 3)

RFB Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas via Zoom Video Conferencing Only

Zoom & Dial-In Information:

Please see Page 3

Purchasing Services Post Office Box 2570 Waco, Texas 76702-2570

Telephone 254 / 750-8060 Fax 254 / 750-8063 waco-texas.com

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City of Waco, Texas

To our valued City of Waco vendors, We are pleased to announce that the City of Waco has partnered with Euna Solutions brand, to create a new procurement portal, Euna Procurement. This portal will enable you to receive notifications of business opportunities and submit bids and proposals to the City of Waco online.

To register your company on the portal, please visit the City of Waco's Euna Procurement portal website at https://waco-texas.bonfirehub.com and follow the link to the Euna Procurement vendor registration page.

Registration is free and easy. Please make sure to select the NIGP codes that correspond to your type of business or organization. Our solicitations will be based on these codes and will be matched to vendors and contractors with the same codes.

We are excited about this new initiative to streamline our electronic bid process and we look forward to continuing our relationship with you. Thank you for your interest in doing business with the City of Waco.

If you have any questions, please contact Kasey Gamblin, Purchasing Manager, or any of the Purchasing Agents listed below.

Paul Campos - 254-750-8062, pcampos@wacotx.gov

Daryle Bullard - 254-750-6616, daryleb@wacotx.gov

Chris Hanchard - 254-750-6640, christopherh@wacotx.gov

Melanie Wade - 254-750-8098, melaniew@wacotx.gov

Sherry Martin - 254-750-8060, sherrym@wacotx.gov

Sincerely, Kasey Gamblin

254-750-8405 kaseyg@wacotx.gov

RFB 2025-076 City Facility Generators Page 2 of 196 https://waco-texas.bonfirehub.com/ mailto:pcampos@wacotx.gov mailto:daryleb@wacotx.gov mailto:christopherh@wacotx.gov mailto:melaniew@wacotx.gov mailto:sherrym@wacotx.gov mailto:kaseyg@wacotx.gov

ZOOM ACCESS INSTRUCTIONS & ADDITIONAL

INFORMATION

PRE-BID

RFP NUMBER: RFB 2025-076

DATE: SEPTEMBER 29, 2025

TIME: CENTRAL 10:00 AM

QUICK LINK: https://wacotx.zoomgov.com/meeting/register/olWz6ajXRgqb0uVq-DY74w

MEETING ID: 161 295 2421

DIAL IN NUMBER: 551 285 1373

PASS CODE: 666478

ADDITONAL

INFORMATION:

Non- Mandatory Via Zoom Video & Dial In

BID OPENING

RFP NUMBER: RFB 2025-076

DATE: OCTOBER 24, 2025

TIME: CENTRAL 2:05 P.M.

QUICK LINK: https://wacotx.zoomgov.com/j/1615736266?pwd=olsJ9Zh57nWDh8dK8WzEKJbfgbF3p5.1

MEETING ID: 161 573 6266

DIAL IN NUMBER: 551 285 1373

PASS CODE: 150561

ADDITONAL

INFORMATION:

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TABLE OF CONTENTS

Register Interest Form I. Schedule for Solicitation II. Contact with City of Waco III. Definitions IV. Requested Services / Products V. Request For Bids – Submission and Award Procedures

Appendices

A. Services/Products Bid Forms

(1) Pricing Form(s)

(2) Sample Bid Bond

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) General Condition for Construction Work

(3) ARPA Terms & Conditions

(4) Insurance & Indemnification Requirements

(5) Worker’s Compensation

(6) Wage Rates

(7) Sales Tax Information

(8) House Bill 89 Israel Form

(9) House Bill 89 Firearms Form

(10) House Bill 89 Energy Form

(11) House Bill 1295 Information Sheet

(12) Protest Procedure

(13) Sample Contract Form

(14) Sample Payment and Performance Bond Requirements

C. Forms to Complete and Return

(1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

(4) Disclosure of Relationships with City Council/Officers (City

Charter)

(5) Minority Women Owned Business & HUB Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Texas Public Information Act

(10) Drug Free Workplace

(11) Foreign Terrorist Organization Verification Form

(12) W-9 Form

D. Detailed Specifications

• See Section for Specific Documentation

E. City of Waco Specifications

• See Section for Specific Documentation and/or link(s)

F. Special Project Provisions See Section for Specific Documentation and/or link(s)

G. Engineering Drawings / Plans See Section for Specific Documentation and/or link(s)

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RFB No. 2025-076 City Facility Generators

Dewey Community Center (925 N. 9th Street) and Add Alternate Bidding for

Waco Multi-Purpose Center (1020 Elm Avenue), and

Fleet Services Heavy and Light Shops (324 and 315 Colcord Avenue, respectively)

Please Register for Notification

REGISTER INTEREST

You have received a copy of the above-described Request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and fax this page to 254-750-8063. You may also scan this page and email to: christopherh@wacotx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Waco.

Notices and addenda are posted on the City’s website and can be accessed at: waco-texas.com/bids

City of Waco Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

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I. SCHEDULE FOR SOLICITATION

The proposed schedule of events is tentative and may be modified throughout the selection process at the discretion of the City of Waco.

Issuance of the RFB

Pre-Bid Meeting 10:00 a.m. CT

Deadline for Questions 5:00 p.m. CT

Bid Open & Close Date 2:00 p.m. CT

September 19, 2025 Via Zoom Video & Dial In September 29, 2025

October 13, 2025

Via Zoom Video & Dial In October 24, 2025

Tentatively, the final selection decision will be made, and submitters will be notified of award by, November 18, 2025 This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

The contact person for this solicitation process is: Christopher Hanchard, Purchasing Manager who can be reached at:

Email: christopherh@wacotx.gov Telephone: (254) 750-6640 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s Euna portal at waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above.

Official Address (if needed) - City of Waco Purchasing Services Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

Contact someone other than the Purchasing Agent listed above, or his/her designated representative at the City of Waco concerning this solicitation may be grounds for removal from consideration.

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Waco. Addenda will also be made available through the City of Waco’s Euna portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

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III. DEFINITIONS

The following definitions apply to this document and the transaction between the City and the selected submitter unless otherwise designated in the context. Terms, which are singular, may include multiple, where applicable and when in the best interests of the City:

(1) “ARPA” funded is a project that is funded through the U.S. Department of the Treasury's American Rescue Plan Act – Coronavirus State and Local Fiscal Recovery Funds grant.

(2) “City” means and refers to the City of Waco, Texas.

(3) “Company”, “Contractor”, or “Firm” means and refers to any submitter, whether such submitter be a sole proprietor, corporation, company, partnership, company, or any other entity legally defined or recognized under the laws of the State of Texas.

(4) “Bid” or “Submission” refers to a response submitted to an RFB.

(5) “Dual Fuel” refers to a generator that can run on diesel and natural gas.

(6) “Emergency Generator” - Emergency generator means a stationary combustion device, such as a reciprocating internal combustion engine or turbine that serves solely as a secondary source of mechanical or electrical power whenever the primary energy supply is disrupted or discontinued during power outages or natural disasters that are beyond the control of the owner or operator of a facility. An emergency generator operates only during emergency situations, for training of personnel under simulated emergency conditions, as part of emergency demand response procedures, or for standard performance testing procedures as required by law or by the generator manufacturer. A generator that serves as a back-up power source under conditions of load shedding, peak shaving, power interruptions pursuant to an interruptible power service agreement, or scheduled facility maintenance shall not be considered an emergency generator.

(7) “EPA Certified” means it is considered as EPA-compliant if it meets the national standards and regulations set forth by the Environmental Protection Agency for nonroad compression-ignition (NRCI) engines. These standards are confirmed by certain test procedures, proper labeling and warranty obligations.

(8) “EPA Certified as Emergency Generator” means any engine that is certified pursuant to 40 CFR Parts 89 or 90 shall be automatically certified to operate as an emergency generator.

(9) “RFB” means and refers to a Request for Bid that will be awarded based on lowest responsible bid or best value to City of Waco.

(10) “Selected submission” means and refers to the submission sent to the City of Waco by the Selected Firm.

(11) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City Manager awards a contract for the services or commodities requested in this solicitation.

(12) “Solicitation” means an RFB issued by the City Waco seeking products or services described in the document.

(13) “Submitter” or “Vendor” or “Bidder” or “Contractor” means a firm that submits a response to a solicitation.

(14) “Contract documents” includes the RFB and all of the Appendices attached to the RFB.

(15) “Day” means a working day unless otherwise specifically defined.

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / General Specifications

(1) The awarded Contractor will install at least one new separate standby generator system at the Dewey Community Center located at 925 North 9th Street; in addition, if any alternative bids are awarded, the Contractor would also install a maximum of three other new separate standby generator systems at the following locations: Waco Multi-Purpose Center (1020 Elm Avenue), and Heavy and Light Shops at Fleet Services (324 and 315 Colcord Avenue, respectively). These generators would provide a source of backup power to the existing buildings in the event of an interruption in the utility power supply. An existing generator shall be relocated as detailed by the City Project Manager, or designee.

a. Diesel-only generators are specified in the TLC Engineering Plan Sets for Dewey Community Center (as well as the Multi-Purpose Community Center, and Waco Fleet Services Heavy and Light Shops). The Dewey Community Center location is the “Base Bid.” Bid Alternate Nos. 2, 4, and 6 are bids for diesel-only generators (as indicated on each Bid Form) for the other three locations.

b. The City of Waco will also consider duel fuel options that use both diesel fuel as primary and natural gas, or “Dual Fuel” configuration, as the purpose of the generators is to operate when severe weather affects grid power and transportation routes from the City’s diesel fuel supplier is temporarily unavailable, the generators shall be capable of operating on natural gaseous fuels. (Such fuel delivery interruptions occurred during Winter Storm “Uri” and significantly disrupted City of Waco operations)

i. Bid Alternate Nos. 1, 3, 5, and 7 provide a bid form for these “Dual Fuel” configurations at the four locations.

ii. If any of the Bid Alternate Nos. 1, 3, 5, or 7 is selected, bidder would be responsible for coordination with Atmos for natural gas connections and such coordination shall be required by the Contractor as per the terms of this construction award. Costs for connections to natural gas services shall be a part of the Contactors bid for services.

c. This solicitation may result in a multi-award contract, allowing the City to select one or more vendors based on availability, pricing, and responsiveness.

For any Bid Alternate that bidder does not propose pricing for, bidder shall write “No Bid” on the applicable “TOTAL BID $” line on the Bid Sheet. Bidder MUST provide a bid for the Base Bid for the entire bid to be considered valid.

Conversion kits allowed by the manufacturer to permit operation from diesel to gaseous fuels, or LPG to natural gas are not an acceptable option.

(2) Plan set drawings for all these systems (Base Bid and all Bid Alternates) are detailed in the drawings and the specifications by the City of Waco and TLC Engineering Solutions (Appendix D).

(3) The work covered under this contract is funded by ARPA and must meet required funding guidelines. In November 2024, Waco City Council approved Resolution No. 2024-928, and (in that same month) the City then entered a contract with C.F. McDonald Electric, Inc., for the installation of Emergency Generators at the Dewey and Waco Multi-Purpose Community Centers, and Fleet Services Heavy and Light Service Shops. Said contract used ARPA funds.

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ARPA funds were required to be obligated by December 31, 2024; however under the ARPA guidelines—after the obligation deadline—ARPA funding recipients are permitted to replace a contract or subaward that was entered into prior to December 31, 2024, under the three circumstances outlined in the interim final rule, including that the recipient and contractor or subrecipient mutually agree to terminate the contract or subaward for convenience. Due to a misunderstanding between McDonald Electric and the City, the parties agreed to terminate their Emergency Generators contract for convenience. The replacement contract or subaward must be within substantially the same scope and for substantially the same purpose as the contract that was entered into by December 31, 2024.

This RFB is reflecting substantially the same scope and for substantially the same purpose as the contract that was awarded to McDonald Electric in November 2024.

The contract resulting from this RFB will be a “replacement contract” under ARPA guidelines and, thus ARPA terms and conditions will apply to this new (replacement) contract. Any expenditure under ARPA contract must be completed by December 31, 2026.

(4) All work shall be completed in accordance with applicable City standards and drawings and specifications within the agreed upon timeline. Completion of the work includes but is not limited to, procurement of generators and associated electrical gear, installation of generator including concrete pad, trenching primary electrical lines, repair of existing surfaces effected by installation, coordination with Oncor, coordination with Atmos on trenching and connection to natural gas lines to the sites (for Bid Alternate Nos. 1, 3, 5, and 7, if any are selected), obtaining all necessary permits, and paying applicable fess for connections, and providing one year (renewable for up to three years) maintenance of the installed generators.

(5) The selected contractor will be expected to provide a complete system as detailed in the drawings and the specifications by the City of Waco and TLC Engineering Solutions (Appendix D) for each generator selected by the City. The selected contractor will be responsible for all repairs to existing grass turf areas disturbed due to installation, and repair per City standards all asphalt and concrete paving that is removed for installation.

(6) The City reserves the rights to: (1) reject all Bids; (2) accept the Base Bid only; (3) accept Bid Alternate No. 1 only; and/or (4) accept the Base Bid or Bid Alternate No. 1, along with any combination of Bid Alternate Nos. 2 through 7; In the case of multi-award City reserves the right to award vendor(s) any combination of Bid Alternate Nos. 2-7. The availability of funding to cover these costs will determine the award of any of these generators.

(7) Contractor will conduct pre-installation meetings with City of Waco Plan Review Team located at Dr. Mae Jackson Development Center, 401 Franklin Avenue, Waco, Texas to review locations, plan of work, repair methods, timing, and coordination. Multiple meetings may be required. No work is to proceed unless the plans have been reviewed by the Plan Review Division.

(8) The contractor will need to include costs to work off hours for any planned outages required to do work. The Contractor is expected to do all coordination with Oncor, and obtain any permits required by them.

(9) The Contractor shall provide required survey services to sufficient detail for installation of all necessary infrastructure. The survey shall become part of the As Built record drawings to be provided to the City.

(10) The Contractor shall obtain all required permits for each location. Contractor is required to maintain sidewalk widths per ADA, if new electrical gear protrudes into the egress paths then contractor is responsible for providing new path design that will be reviewed by city staff, if approved then contractor must provide a new path.

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(11) The Contractor shall provide routine (at frequencies specified by the manufacturer) and on-call maintenance for all generators according to the manufacturer’s minimum specifications.

(12) Provide pricing to provide an enclosure with finishes as described in the specifications to the construction attached in the appendices.

(13) The Contractor shall prepare and submit to the City for approval a preliminary schedule.

Final Documents including as built documents and Owner’s Manuals shall be turned over to the city at completion with associated warranties for equipment. Training for new equipment must be scheduled with the Fleet Services manager.

(14) The Contractor must complete all deliverables within the agreed-upon schedule and within the limits provided by the executed contract.

(15) Notice to Proceed: Once the contract is fully executed between parties, a written Notice to Proceed (NTP) will be issued to the Contractor to commence the work and start the contract time as defined in “Duration of Services Section C”. The written Notice to Proceed initiates the start of the first day of the contract time.

(16) Liquidated Damages: The City of Waco will incur significant financial loss if the work specified is not substantially complete by the date set forth in Section C. The Contractor and his Surety shall be liable for liquidated damages in accordance Section A (b)(2).

(17) City Holidays. City Holidays include New Year's Day; Martin Luther King Day; Spring Holiday; Memorial Day; Juneteenth; Independence Day; Labor Day; Veteran's Day;

Thanksgiving Day; Day After Thanksgiving; Christmas Eve, and Christmas Day.

(18) Per Texas Administrative Code, Title 25, Part 1, Chapter 131, Subchapter G, Rule §131.141 (A)(i): The emergency generators power system(s) shall require an onsite fuel source and enough fuel capacity in the tank for a period of at 24 hours, and as specified for a 72-hour period. The City will execute a separate contract with an outside supplier/vendor(s) that will provide fuel on demand.

(19) Contractor shall comply with the Texas Commission on Environmental Quality for Permits by Rule required under Tile 30, Part 1, Chapter 106, Subchapter W, Rule §106.512 for stationary engines, including an Air Quality Standard Permit for Electric Generating Units, as required.

(20) Contractors must show proof of their state licensing for mechanical, plumbing, electrical and irrigation work, and must apply for a construction permit through the City of Waco Inspections Services prior to construction.

(21) Before starting any construction work on this project, a conference shall be held in the City’s Project Manager offices for the purpose of verifying general procedures reviewing schedules and other items as described in the specifications and City of Waco General Conditions. Present at the conference shall be representatives of the City and a responsible representative of the Contractor and sub-contractors and representatives.

(22) The Contractor shall guarantee that if any materials, equipment or workmanship covered by these specifications and the accompanying drawings proves defective within one (1) year after final acceptance, such defects shall be made good by Contractor without cost to the City. All equipment installed as part of this work shall have a manufacturer’s warranty and remain in effect for the duration of the warranty period.

(23) Detailed specifications are attached as Appendices D, E and F.

(24) A digital version of this document can be obtained from the City of Waco’s Euna portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids.

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(25) Submitting Contractor, if using Sub-Contractors, please submit Minority, Women Owned Business Enterprise (MWBE) status for each. Use form on Page 87.

(26) EXCEL Bid Sheet available on request.

(27) A summary of the Facility Generators, Locations and Genset Size follows:

BASE BID AND BID ALTERNATE NO. 1

FACILITY ADDRESS GENSET SIZE (KW)

Dewey Center 925 N. 9th Street Waco, TX 76707

BID ALTERNATE NOS. 2 THROUGH 7

FACILITY ADDRESS GENSET SIZE (KW)

Waco Multi-Purpose Center 1020 Elm Avenue

Waco, TX 76704

Fleet Services Heavy Shop 324 Colcord Ave Waco, TX 76707

Fleet Services Light Shop 315 Colcord Ave Waco, TX 76707

B. Terms Conditions & Requirements

In addition to the specifications for the Project, the attached Appendices include the City’s

Contract Requirements.

C. Duration of Services The City of Waco is seeking to have the work that is the subject of this RFB completed no later than December 31, 2026. In determining the number of days for completion of the work under this Contract, it is anticipated that work will not be performed on Saturdays, Sundays, or City holidays unless specifically approved by City. Since “day” is defined as a calendar day, Saturdays, Sundays, and City holidays shall be counted as days and included in calculating the Contract time. If a Contractor wants to perform work on Saturdays, Sundays, or City holidays, the Contractor shall seek approval by making a written request to City. The contractor shall be responsible for all City staff and third-party time, costs, expenses, and overtime for work performed on Saturdays, Sundays, or City holidays, unless excused in writing by the City prior to the work. Should adverse weather impact the contractor’s work, the contractor shall provide a written notice to the City of such weather-related delays and request the specific number of days impacted. The schedule would be adjusted upon approval by the City.

D. Reservations by City:

The City of Waco reserves the right to reject any and all submittals (as described in more detail at A(7) above). The issuance of this solicitation does not obligate the City to contract for expressed or implied services. The City of Waco will not reimburse vendors for any costs incurred during the preparation or submittal of responses to this solicitation.

(1) Furthermore, the City expressly reserves the right to:

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(a) Waive any defect, irregularity, or informality in any submittal or procedure.

(b) Extend the solicitation closing time and date.

(c) Reissue this solicitation in a different form or context.

(d) Procure any item by other allowable means.

(e) Waive minor deviations from specifications, conditions, terms, or provisions of the solicitation, if it is determined that waiver of the minor deviations improves or enhances the City’s business interests under the solicitation; and/or

(f) Extend any contract when most advantageous to the City, as set forth in this solicitation.

(g) Retain all bids submitted and to use any ideas in a bid regardless of whether or not that bid is selected.

(h) Award partial installations.

(i) Contractors are also required to comply fully with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148), which requires all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by an award made available under this program, be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor is expressed in Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers (86 FR 7475), it is the policy of the executive branch to maximize, consistent with law, the use of goods, products, and materials produced in, and services offered in, the United States.

(j) The City Facility Generator project is an infrastructure program subject to the Build

America, Buy America Act (Pub. L. No 117-58, div. G §§ 70901–70927). As well as 23 U.S.C. § 313.

(k) Debarment and Suspension

(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.

§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.

3000, subpart C, in addition to remedies available to COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

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(5) By signature on the Contract, if awarded, the Contractor certifies its compliance, and the compliance of its subcontractors by any person associated with the work that they have not been debarred or suspended from Federally Funded contracts.

E. The following terms and conditions apply to the contractor or vendor, as a contractor of the City of

Waco by ARPA and its implementing regulations; and as established by the Treasury Department.

Equal Employment Opportunity. This contract is a Federally Assisted Construction Contract (as defined in 41 C.F.R. §60-1.3) exceeding $10,000, during the performance of this contract, contractor agrees as follows:

1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of

Contractor, state that all qualified applicants will receive consideration for [1] employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish information.

4. Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.5. 5. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. Contractor will furnish to the Administering Agency (as specified in 41 C.F.R. §601.3) and the Secretary of Labor all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Administering Agency

RFB 2025-076 City Facility Generators Page 13 of 196 and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and contractor may be declared ineligible for further government contracts or Federally Assisted Construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. Contractor will include the portion of the sentence immediately preceding paragraph A.1. of this section and the provisions of paragraphs A.1. through A.7. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor [2] or vendor. Contractor will take such action with respect to any subcontract or purchase order as the Administering Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Administering Agency, contractor may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.

Provided that if the City so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the Contract.

8. The City agrees that it will assist and cooperate actively with the Administering Agency and the Secretary of Labor in obtaining the compliance of contractor and any subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the Administering Agency and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the Administering Agency in the discharge of the agency’s primary responsibility for securing compliance.

9. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally Assisted Construction Contracts pursuant to the Executive Order and that it will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractor and any subcontractors by the Administering Agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the Administering Agency may take any or all of the following actions: cancel, terminate, or suspend, in whole or in part, this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

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10. Assurances of Compliance with Title VI of the Civil Rights Act of 1964. Contractor and any subcontractor, or the successor, transferee, or assignee of contractor or any subcontractor, shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §§ 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract. Title VI also provides protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. §§ 2000d et seq., as implemented by Treasury’s Title VI regulations, 31 C.F.R. Part 22, and herein incorporated by reference and made a part of this contract.

F. Clean Air Act

(1) The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(2) The contractor agrees to report each violation to the City of Waco and understands and agrees that the City of Waco will, in turn, report each violation as required to assure notification to the Treasury Department and the appropriate Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with American Rescue Plan Act funding.

G. Federal Water Pollution Control Act

(1) The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

(2) The contractor agrees to report each violation to the City of Waco and understands and agrees that the City of Waco will, in turn, report each violation as required to assure notification to the Treasury Department and the appropriate Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with American Rescue Plan Act funds.

(4) The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

(5) The contractor agrees to report each violation to the City of Waco and understands and agrees that the City of Waco will, in turn, report each violation as required to assure notification to the Treasury Department and the appropriate Environmental Protection Agency regional office.

(6) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with American Rescue Plan Act funds.

F. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352:

Contractors that apply for a bid or award exceeding $100,000 must file the required certification that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency. Cities should include the Byrd Anti-Lobbying contract clause is as follows:

Contractors who apply or bid for an award of $100,000 or more shall file the required certification.

Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier, up to the recipient.

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V. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

(1) Vendors should submit their bids through the City of Waco’s Euna portal at waco-texas.bonfirehub.com/login. Paper/Physical submissions will still be accepted and should include one

(1) electronic copy (CD or Flash Drive) and (1) original and two (2) copies of their statements of company’s experience and statement of qualifications on 8 ½ x 11 paper. These must be received by the date set out above in the Schedule of Solicitation for a submitting firm to be considered:

(2) Pricing Forms, Sub-Contractors List and Submission/Bid Security

(a) Pricing Forms.

(1) Bids are to be submitted with a response on each item and the total extended, with the exception if bidder elects the “No Bid” option. More than one (1) bid may be submitted on items that meet the specifications and the other RFB requirements.

(2) Pricing is to be submitted on units of quantity Specified on the Pricing Form, with extended totals. In the event of a discrepancy in any extension total, the unit price shall govern and be binding for purposes of this RFB.

(3) All pricing for all three options listed on the Bid Form for the generator installations shall be provided unless the bidder elects the Bid Alternate Option as “No Bid.” In that case, the bidder shall initial in the space provided in the bid form that the bidder is declining to bid.

(4) All prices included are to be submitted less Federal Excise and State of Texas Sales Taxes. A tax exemption certificate will be executed upon request. The City’s federal tax identification number is 1-74-6002468-4.

(5) In conjunction with the Bid Form, Contactor shall submit a list of names of the subcontractors and major material suppliers proposed for the principal portions of the work and state the value of the work in dollars. Submit list on bid form provided by the City. The City will notify the Bidder in writing if the City has an objection to any person or entity listed. Upon such reasonable objection the Bidder shall propose an acceptable substitute person or entity in accordance with a contract if awarded under this RFB.

(b) Security – Bid Bond.

1. Each submission must be accompanied by a certified check of the submitter, or a bid bond (PDF copy through the Euna portal) executed by the submitter as principal and having as surety thereon a surety company approved by the City in the amount of 5% of the submission.

The Surety’s Power of Attorney must accompany the bid bond. The bid bond and surety’s Power of Attorney must both carry the same date which is no earlier than three (3) days prior to the scheduled bid opening date. An original copy of the bid bond and Surety’s Power of Attorney will be required of the recommended/awarded vendor within three (3) business days from the request by the City.

2. Checks will be returned to all except the three lowest bidders within three days after the opening of bids. The remaining checks will be returned promptly after the City and the selected bidder have executed the contract.

3. If no award has been made within ninety (90) days after the date of the opening of bids, a bidder may demand that the security submitted be returned so long as said bidder has not been notified of the acceptance of his bid.

4. If the selected bidder refuses or fails to execute and deliver the contract and bonds (payment and/or performance) required within 10 days after receiving notice of the acceptance of his bid, the bid security shall forfeit to the City as liquidated damages for such failure or refusal.

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5. A Bid Bond form can be found in the Appendices.

B. Completeness of Submission

(1) Vendors are responsible for examining and being familiar with all specifications, drawings, standard provisions, instructions, and terms and conditions of the solicitation and their responses.

(2) The vendor must attach all required forms with each submission copy. Forms must be signed by a representative of the vendor authorized to bind the vendor contractually. The vendor must include a statement by an official representative of the company identifying any exceptions to this RFB or declare that “there are no exceptions” taken to the RFB.

C. Bid Response Date and Location Responses to this solicitation must be received by 2:00 p.m. (Central Time) on October 24, 2025. The City prefers that vendors use the new Euna portal at waco-texas.bonfirehub.com/login, paper submissions will still be received at the address listed below Via Delivery Services or Personal Delivery to:

Attn: Christopher Hanchard, Purchasing Manager 1415 North 4th Street Waco, Texas 76707

If using U.S. Mail, note that U.S. Mail is initially received at Waco City Hall and then delivered to the office of Purchasing Services by a City courier. That delivery may occur a day or more after being received at Waco City Hall. Allow additional time in advance of the proposal due date for U.S. Mail delivery. If the Purchasing Office has not received the proposal by the stated deadline, the proposal will be returned unopened.

All submissions shall be sent to the attention of the Purchasing Agent in a sealed envelope that is clearly marked on the outside as follows:

“City Facility Generators Dewey Community Center (925 N. 9th Street), and Add Alternate Bidding for Waco Multi-Purpose Center (1020 Elm Avenue), and Fleet Services Heavy and Light

Shops (324 and 315 Colcord Avenue, respectively)” Bid Opening: 2:01 P.M. (Central Time) on October 24, 2025

Vendors accept all risk of late delivery bids regardless of instance or fault. A bid received after the submission deadline will not be considered and will be returned unopened to the submitter. Vendors accept all risks of delivery.

The City will NOT accept a response submitted by facsimile transmission (fax) or by electronic mail (email). All submissions and accompanying documentation will become the property of the City.

D. Modification to or Withdrawal of Submission

Submissions cannot be altered or amended after the submission deadline passes. Submissions may be modified prior to the deadline by providing a written notice to the Purchasing contact person at the address previously stated. To modify a submission prior to the submission deadline:

(1) Submit a written notice of the modification WITHOUT revealing the bid price. The modification should provide the addition, subtraction, or other modifications so that the final prices or terms will not be revealed to the City until the sealed bid is opened.

(2) The written modification may be submitted by electronic transmission (fax or email or personal delivery to Purchasing Agent identified earlier in this document. The written modification must be received by

RFB 2025-076 City Facility Generators Page 17 of 196 the City prior to the closing time.

(3) If the modification is submitted through an electronic transmission (fax or email), the City must receive an original of the modification document signed by the bidder and submitted to a delivery company (UPS, FedEx, etc.) prior to the bid closing time. If the original of the modification was not submitted to a delivery company prior to the closing time or is not received within three (3) days after the closing time of the bid, consideration will not be given to the modifications provided in the electronic transmission.

A submission may also be withdrawn by providing the notice in person by a representative of the vendor who can provide proof of his authority to act for the vendor. The representative will be required to execute a receipt reflecting the submission is being withdrawn. If a submission is withdrawn before the submission deadline stated herein, the vendor may submit a new sealed bid provided the new bid is received prior to the closing date and time deadline stated on the cover page and in the Schedule for the Solicitation. This provision does not change the common law right of a submitter to withdraw a submission due to a material mistake in the submission.

E. Submission Validity Period

A submission responding to this RFB signifies the vendor’s agreement that the submission and the content thereof, are valid for ninety (90) days following the submission deadline unless otherwise agreed to in writing by all parties. The submission may become part of the contract that is negotiated between the City and the successful vendor.

F. Vendor’s Cost to Develop Submission

Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the vendor and shall not be reimbursed in any manner by the City.

G. References

The City reserves the right to request that a vendor provide references.

H. Method of Award and Evaluation of Factors [x in box shows applicable]

(1) For this solicitation, the City will award the contract to the:

Lowest responsible bidder.

Best Value -Bidder who provides goods or services at the best value for the City.

(2) Lowest Responsible Bidder:

(a) The contract will be awarded to the lowest responsible bidder based on the base bid plus any selected alternatives provided the amount does not exceed the funds then estimated by the City as available to finance the contract.

(b) If the contract is bid with alternatives, the City reserves the right to select any combination of alternatives and will then compare all bids using the selected alternatives. If the amount of the bids exceeds the funds available to finance the contract, the City may (i) reject all bids or (ii) may award the contract based on the base bid with such deductions as produces a net total which is available within the available funds.

(3) Best Value:

X

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(a) In determining best value for the City, the City may consider:

1. The purchase price.

2. The reputation of the bidder and of the bidder’s goods or services.

3. The quality of the bidder’s goods or services.

4. The extent to which the goods or services meet the municipality’s needs.

5. The bidder’s past relationship with the municipality.

6. The impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities.

7. The total long-term cost to the municipality to acquire the bidder’s good or services; and

8. Any relevant criteria specifically listed in the request for bids or proposals.

(b) Compliance with…