RFP 26-019

CITY OF BELTON, MISSOURI

REQUEST FOR PROPOSAL

Public Works Facility Generator

SUBMITTAL DEADLINE

August 27, 2026 at 10:00 a.m.

RFP NUMBER 26-019

Table of Contents

Request for Proposal (RFP) 26-019

Instructions for Responding to RFP 26-019

Form A: Proposal Validity and Commitment to Sign Contract

Form B: Disclosures, Legal Matters, Required Representations

Form C: Experience/References

Form D: Work Agreement

Form E: Proposal Pricing (Including Unit Prices Where Required)

Form F: Bid Bond

Outermost Submittal Envelope Label

Exhibit A: Contract for Services

Appendix A: Scope of Services and Special Provisions

Appendix B: General Terms and Conditions

Attachment 1: Affidavit of Work Authorization

Attachment 2: Standard Certificate of Insurance Form

REQUEST FOR PROPOSAL 26-019

Sealed proposals will be received by the Assistant City Manager/Public Works Director of the City of Belton at the City of Belton Public Works Facility located at 700 Seabee Road, Belton, Missouri, 64012 at the Administrative Building (Building A) until 10:00 a.m., local time, on August 27, 2026, at which bidding will be closed. All bids will be opened and read aloud. A late Proposal Packet is one received after 10:00 a.m., local time, at the time and place of the opening as stated. The decision as to the correct time for the openings shall be made by the Assistant City

Manager/Public Works Director of the City of Belton and that decision shall be final. Proposals received after the deadline date and time will be returned unopened. It shall be the responsibility of those submitting a proposal to assure themselves that their proposal has been received by the

City of Belton.

Project Description

The City of Belton is seeking bids for the purchase, delivery, installation, startup, testing, and commissioning of an emergency standby generator for the Public Works Facility. The contractor shall provide all labor, equipment, materials, electrical connections, fuel systems, startup services, and associated appurtenances necessary to provide complete operational systems.

All equipment, materials, labor, and workmanship must be in accordance with the specifications and other contract documents.

RFP documents can be seen (viewing low resolution images online is free) or purchased for a non-refundable fee online at www.drexeltech.com in their online Plan Room. For access assistance, please contact Drexel directly by phone at 913-471-4430 or by email at distribution@drexeltech.com. Information regarding this RFP can be found in the “Public Jobs” link on Drexel’s website.

A copy of the City of Belton Design and Construction Manual may be downloaded at no cost from the City’s website at https://www.belton.org/Departments/Public-Works-Department/Design-and-Construction-Manual.

A mandatory Pre-Bid Meeting will be held on August 13, 2026, at 10:00 a.m., local time, and

August 18, 2026, at 10:00 a.m., local time, at the City of Belton Public Works Facility at the

Administrative Building (Building A) located at 700 Seabee Road, Belton, MO, 64012. Due to the importance of all bidders having a clear understanding of the specifications and scope of work requirements, bids will only be accepted from those who are represented at one of the Pre-Bid

Meetings. Attendance at the Pre-Bid Meeting will be evidenced by the representative’s signature on the attendance roster.

All bids must be accompanied by a Bid Bond from a surety or certified check from a bank acceptable to the Assistant City Manager/Public Works Director in the amount equal to or greater than 5% of the maximum total bid price. Prior acceptability of the proposed surety or bank furnishing the bid security before the bid date is recommended. An unacceptable bid security may be cause for rejection of the proposal. No bidder may withdraw his bid for a period of sixty

(60) days after the date of opening of bids.

The Contractor shall provide a ten (10) hour Occupational Safety and Health Administration

(OSHA) construction safety program for all employees who will be on-site at the project. The construction safety program shall include a course in construction safety and health that is approved by OSHA, or a similar program approved by the Missouri Department of Labor and

Industrial Relations that is at least as stringent as an approved OSHA program as required by

Section 292.675, RSMo.

All wages paid for work under this contract shall comply with the requirements of the prevailing wage law of the State of Missouri, Missouri Public Law 294, Sec. 290.210 through 290.340, RSMo

1969, as amended.

Pursuant to 610.021 RSMo Item 12, all documents within a request for proposal will become open record to the public upon a negotiated contract being executed. All documents within a request for bid become open record as soon as the bid is opened. Bidders and proposers should be aware that all documents within a submittal will become open records.

The Owner reserves the right to reject any or all proposals and to waive informalities or deficiencies therein to negotiate with any or all bidders or others for more favorable terms or prices and to award a contract to other than the bidder submitting the lowest cost bid proposal with or without negotiation and to determine which is the lowest, best, and most responsive to accept, at its option, any alternates and to approve the bond.

On all requests and correspondence, please reference RFP Number 26-019.

Requests for information related to this RFP should be directed to:

Kaleb Young

Telephone: (816) 489-0222

E-Mail: kyoung@belton.org

INSTRUCTIONS FOR RESPONDING TO

Please Remit

* One (1) original signed unbound proposal

* Two (2) copies of original signed proposal

�� PROPOSAL CHECKLIST TO INCLUDE WITH PACKET

Form A – Proposal Validity and Commitment to Sign Contract

Form B - Contractor Disclosures, Legal Matters, Required Representations

Form C - Experience/References

Form D - Work Agreement

Form E - Proposal Pricing (Including Unit Prices Where Required)

Form F – Bid Bond – Attach to original

Attachment 1: Affidavit of Work Authorization/E-Verify – Attach to original

Addenda, if applicable

Outermost Submittal Envelope Label

Total of three (3) proposals submitted

MUST BE RECEIVED BY: August 27, 2026, at 10:00 a.m., local time

PLEASE USE THE OUTERMOST ENVELOPE SUBMITTAL LABEL TO MARK YOUR SUBMITTAL

"SEALED PROPOSAL 26-019" WITH YOUR COMPANY NAME PRINTED ON IT AND SUBMIT IT TO:

Greg Rokos, Assistant City Manager/Public Works Director

700 Seabee Road

Belton, MO 64012

Any questions regarding this Request for Proposal shall be submitted to Kaleb Young by e-mail at kyoung@belton.org or by phone at (816) 489-0222.

The Owner reserves the right to reject any or all proposals and to waive informalities or deficiencies therein to negotiate with any or all bidders or others for more favorable terms or prices and to award a contract to other than the bidder submitting the lowest cost bid proposal with or without negotiation and to determine which is the lowest, best, and most responsive to accept, at its option, any alternates and to approve the bond.

FORM A

PROPOSAL VALIDITY AND

COMMITMENT TO SIGN CONTRACT

I (authorized agent) ____________________________ having authority to act on behalf of

(Company name) _______________________________________________ do hereby acknowledge that (Company name) _______________________________ will be bound by all terms, costs, and conditions of this proposal for a period of 90 days from the date of submission and commit to sign the Contract.

COMPANY NAME:

ADDRESS:

Street

ADDRESS:

City State Zip

PHONE:

E-MAIL:

SIGNATURE:

Signature of Officer/Title Date (Month-Day-Year)

SIGNATURE:

Signature of Officer/Title Date (Month-Day-Year)

Indicate Minority Ownership Status of Bidder (for statistical purposes only)

Check One:

______ MBE (Minority Owned Enterprise)

______ WBE (Women Owned Enterprise)

______ Small Business

FORM B

DISCLOSURES, LEGAL MATTERS,

REQUIRED REPRESENTATIONS

Disclosures

The Contractor submitting this RFP shall answer the following questions with regard to the past five (5) years. If any question is answered in the affirmative, the Contractor shall submit an attachment providing details concerning the matter in question including applicable dates, locations, names of projects/project owners, and circumstances.

1. Has the Contractor been debarred, suspended, or otherwise prohibited from doing business with any federal, state, or local government agency or private enterprise?

Yes ___ No ___

2. Has the Contractor been denied prequalification, declared non-responsible, or otherwise declared ineligible to submit bids or proposals for work by any federal, state, or local government agency or private enterprise? Yes ___ No ___

3. Has the Contractor defaulted, been terminated for cause, or otherwise failed to complete any project that it was awarded? Yes ___ No ___

4. Has the Contractor been assessed or required to pay liquidated damages in connection with work performed on any project? Yes ___ No ___

5. Has the Contractor had any business or professional license, registration, certificate, or certification suspended or revoked? Yes ___ No ___

6. Have any liens been filed against the Contractor as a result of its failure to pay subcontractors, suppliers, or workers? Yes ___ No ___

7. Has the Contractor been denied bonding or insurance coverage or been discontinued by a surety or insurance company? Yes ___ No ___

8. Has the Contractor been found in violation of any laws, including, but not limited to, contracting or antitrust laws, tax, or licensing laws, labor or employment laws, environmental, health, or safety laws? Yes ___ No ___

*With respect to workplace safety laws, this statement is limited to willful federal or state safety law violations.

9. Has the Contractor or its owners, officers, directors, or managers been the subject of any criminal indictment or criminal investigation concerning any aspect of the Contractor’s business? Yes ___ No ___

10. Has the Contractor been the subject to any bankruptcy proceeding?

Yes ___ No ___

Legal Matters

1. Claims, Judgments, Lawsuits: Are there or have there been any claims, judgments, lawsuits or alternative dispute proceedings involving the Contractor in the past 48 months?

____ Yes ____ No If yes, provide details in an attachment.

2. Complaints, Charges, Investigations: Is the Contractor currently or has the Contractor been the subject of any complaint, investigation, or other legal action for alleged violations of law pending before any court or governmental agency within the past 48 months?

____ Yes ____ No If yes, provide details in an attachment.

Required Representations

In submitting this RFP, the Contractor understands that making the following representations are required as a condition of performing the contract work and receiving payment for same.

1. The Contractor will possess all applicable professional and business licenses required for performing work in Belton, Missouri.

2. The Contractor satisfies all bonding and insurance requirements as stipulated in the solicitation for this project.

3. The Contractor and all subcontractors that are employed or that may be employed in execution of the contract work shall be in full compliance with the City of Belton requirements for Workers’ Compensation Insurance.

4. If awarded the Contract Work, the Contractor represents that it will not exceed its current bonding limitations when the Contract Work is combined with the total aggregate amount of all unfinished work for which the Contractor is responsible.

5. The Contractor represents that it has no conflicts of interests with the City of Belton if awarded the Contract Work, and that any potential conflicts of interest that may arise in the future will be disclosed immediately to the City.

6. The Contractor represents the prices offered and other information submitted in connection with its proposal for the Contract Work were arrived at independently without consultation, communication, or agreement with any other offer or competitor.

7. The Contractor will ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin.

FORM C

EXPERIENCE/REFERENCES

To be eligible to respond to this RFP, the proposing Contractor must be in business for a minimum of three (3) years and must demonstrate that they, or the principals assigned to the project, have successfully completed services similar to those specified in the Scope of Services section of this RFP to at least one (1) customer with a project similar in size and complexity to the City of Belton. *Please list any Municipalities that you have done work for in the past 48 months.

Please provide a minimum of five references where your company has performed similar work to that is being requested in the RFP and within the past 36 months. Please include ONLY the following information:

● Contractor Name

● Mailing Address

● Contact Person

● Telephone Number

● Project Name, Amount, and Date Completed

COMPANY NAME

ADDRESS

CONTACT PERSON

PHONE NUMBER

PROJECT, AMOUNT, AND

DATE COMPLETED

State the number of years in business: ______________________________________

State the current number of personnel on staff: _______________________________

FORM D

WORK AGREEMENT

Proposal of ___________________________________, organized and existing

(Company Name) under the law of the State of ____________________, doing business as___________________ (*)

To the City of Belton, Missouri: In compliance with your Request for Proposal, Bidder hereby proposed and agrees to furnish all labor, tools, materials and supplies to successfully complete all requirements defined in City Project No. 26-019 – Public Works Facility

Generator.

This work is to be performed in strict accordance with the Plans and Specifications, including addendum number(s) ______, issued thereto, receipt of which is hereby acknowledged for the following unit prices.

By submission of this Bid, each Bidder certifies, and in the case of a joint bid, each party thereto certifies as to his own organization, that this Bid has been arrived at independently, without consultation, communication or agreement as to any matter relating to this Bid with any other Bidder or with any competitor.

The Bidder hereby agrees to commence work under this contract on or before the date specified in the Notice to Proceed and to fully complete the project in accordance with the completion dates specified in the Special Provisions.

Bidder further acknowledges that Bidder is the official holder of the City of Belton’s Design and Construction Manual.

(*) Insert “a corporation, a partnership, or an individual” as applicable.

FORM E

PROPOSAL PRICING

(Including Unit Prices Where Required)

Item No. Description Quantity Unit Unit Price Extended Price

1 130 kW GENERATOR 1 EA $

2 AUTOMATIC TRANSFER SWITCH 1 LS $

3 CONCRETE PAD 1 EA $

4 GAS CONNECTION 1 LS $

5 CONTINGENCY 1 LS 10,000.00$ 10,000.00$

$TOTAL

FORM F

BID BOND

RFP Number 26-019_________________________

Project Title Public Works Facility Generator

Bond Number

KNOW ALL MEN BY THESE PRESENTS:

That__________________________________of__________________________________, as Principal, and_______________________ corporation, as Surety, hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents unto BELTON, MISSOURI, a Charter City in the State of Missouri, as Obligee, in the sum of

Dollars ($ ______ ), lawful money of the United States.

WHEREAS, Principal is herewith submitting its Bid to enter into a contract with Belton for the above referenced project, NOW, THEREFORE the condition of this obligation is such that if the Principal is awarded the contract the

Principal will, within the time required, enter into a formal contract and give a good and sufficient surety bonds to secure the performance of the terms and conditions of the contract and for the prompt payment of all labor and material furnished in the prosecution thereof as required by the contract documents, then this obligation shall be void; otherwise the Principal and Surety will immediately pay unto the Obligee the full amount of this bond as liquidated damages for failure to fulfill the conditions of this obligation, but in no event shall the Surety’s liability exceed the penal sum hereof.

The bond must be obtained from companies holding certificates of authority as acceptable sureties (31

CFR Part 223)

IMPORTANT – Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 580 as amended) and be authorized to transact business in Missouri.

Signed, sealed and delivered this _____ day of ___________________________, _______.

BIDDER AND PRINCIPAL

Name, address and facsimile number of Bidder and Principal

I hereby certify that I have authority to execute this document on behalf of Bidder and Principal.

By:

Title:

Date:

(Attach corporate seal if applicable)

SURETY

Name, address and facsimile number of Surety:

I hereby certify that I have authority to execute this document on behalf of Surety.

By:

Title:

Date:

(Attach seal and Power of Attorney)

BELTON, MISSOURI

The foregoing bond is approved.

Gregory J. Rokos, PE, Assistant City Manager/Public Works Director (Date)

Approved as to form and legality:

City Attorney (Date)

OUTERMOST ENVELOPE SUBMITTAL LABEL

SEALED REQUEST FOR PROPOSAL

ATTN: GREG ROKOS, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR

RFP #: 26-019

PROJECT NAME: PUBLIC WORKS FACILITY GENERATOR

OPENING DATE: AUGUST 27, 2026

OPENING TIME: 10:00 A.M., LOCAL TIME

COMPANY NAME: _____________

DATED MATERIAL - DELIVER IMMEDIATELY

PLEASE CUT OUT AND AFFIX THIS LABEL (ABOVE) TO THE OUTERMOST

ENVELOPE OF YOUR PROPOSAL TO HELP ENSURE PROPER DELIVERY

EXHIBIT A

CITY OF BELTON

CONTRACT FOR SERVICES

AGREEMENT FOR PROVISION OF THE FOLLOWING SERVICES

Agreement made this__________________, 2026 between_____________________, an entity organized and existing under the laws of the State of _______________, with its principal office located at___________________________, hereafter referred to as the Contractor, and The City of Belton, Missouri, a Charter City organized and existing under the laws of the State of Missouri, with its principal office located at 506 Main Street, Belton, Missouri, hereafter referred to as the

City.

This contract and applicable attachments represent the entire understanding and agreement between the parties and no oral, implied, alterations, or variations to the contract will be binding on the parties, except to the extent that they are in writing and signed by the parties hereto. This contract shall be binding upon the heirs, successors, administrators, executors, and assigns of the parties hereto. In the event there are any inconsistencies in the provisions of this contract and those contained in the proposal, they will be resolved in accordance with the terms of this contract.

This contract is effective as of _____________________and coincidental with the Assistant City

Manager/Public Works Director’s signature and attestation by the City Clerk and shall remain in effect as described within the attachments.

ARTICLE I

THE WORK

The Contractor agrees to perform all work and provide all deliverables as specified in Request for

Proposal 26-019 and the General Terms and Conditions in Appendix B commonly referred to as

Contract Terms and Conditions and according to Contract Agreement set forth here. The selected

Contractor will complete work based upon individual task agreements. The Contractor agrees to provide all labor, materials, tools, permits, and/or professional services and perform the contracted work in accordance with all specifications, terms, and conditions as set forth within the proposal documents including bonding, insurance, prevailing wage requirements, and termination clauses as needed or required. The work as specified in Appendix A may commence upon the signing of this contract and scheduling and approval of the City.

ARTICLE II

TIME OF COMMENCEMENT AND COMPLETION

The work shall be completed by October 30, 2026. Liquidated damages will commence on

October 31, 2026. The date of substantial completion shall be that date when the project or portions of the project are officially accepted by the Owner for utilization of the project for its intended purpose. The City shall be the sole determiner as to the fulfillment of the work as described.

ARTICLE III

CONTRACT SUM AND PAYMENT

The Contractor agrees to perform all work described in the Contract Documents in the amount of $_______________________________.

The City agrees to pay the Contractor as outlined in the Contract Documents and subject to deductions provided for in Articles IV and VI.

ARTICLE IV

CONTRACT PAYMENT

The City agrees to pay the Contractor for the completed work as follows: 95% of contract shall be paid within thirty (30) days of substantial completion of each section of this proposal – inspection and remediation, walk-through and acceptance by the City; a 5% retainage will be held until acceptance of the project at which time final payment will be made. Any monies not paid to the Contractor when due will bear interest at the rate of one and one-half percent (1 -1/2 %) per month, from the date such payment is due. However, if any portion of the work remains to be completed or corrected at the time payment is due, the City may retain sufficient funds to cover the City Engineer's estimated value of the work not completed or twenty percent (20%) of the contract amount, whichever is greater, exempt from interest, to be paid when such listed items are corrected or completed.

The City will be the sole judge as to the sufficiency of the work performed.

The Contractor agrees that the City may withhold any and all payment for damage or destruction, blatant or otherwise, incurred to the City’s property caused by poor performance or defective equipment or materials or personnel employed or utilized by the Contractor. Additionally, it is agreed the Contractor shall also be liable to the City for replacement of materials or services occasioned by such breach.

Payment shall be made upon receipt of invoices presented in duplicate as outlined in Appendix

B.

Third party payment agreements will not be accepted by the City.

In the event that the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675, RSMo, has occurred and that a penalty as described in Section XII shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contract.

ARTICLE V

INSURANCE REQUIREMENTS

Insurance shall be provided as outlined in Appendix B: General Terms and Conditions to the

Contract.

ARTICLE VI

DAMAGES/DELAYS/DEFECTS

The City will not sustain monetary damage if the whole or any part of this contract is delayed through the failure of the Contractor and/or his sureties to perform any part or the whole of this contract. Thus, if at any time the Contractor refuses or neglects to supply sufficiently skilled workmen or proper materials, or fails in any respect to execute the contract, including extras, with the utmost diligence, the City may take steps deemed advisable to promptly secure the necessary labor, tools, materials, equipment, services, etc., by contract or otherwise, to complete whatever portion of the contracted work which is causing delay or is not being performed in a workmanlike manner.

The Contractor and/or their sureties will be liable to the City for any cost for labor, tool, materials, equipment, services, delays, or claims incurred by the City to finish the work.

The Contractor will store, contain, or remove all debris, materials, tools, equipment and vehicles at the end of each day so that no hazardous or dangerous situations are created within the work location and surrounding area.

The Contractor will promptly and within 7 days of receiving notice thereof repair all damage to public and private property caused by their agents or employees. Should damages not be promptly repaired within 7 days of receiving notice thereof, the City will authorize the hiring of another Contractor to do the repairs. The original Contractor agrees to promptly pay for the services of any such Contractor hired to do such repairs within 10 days of completion of the repairs.

The Contractor shall immediately report, to the City, or a duly authorized representative, any accident whatsoever arising out of the performance of this contract, especially those resulting in death, serious injury or property damage. Contractor must provide full details and statements from any witnesses.

If the Contractor shall fail to complete the work within the contract time, or an extension of time granted by the City, the Contractor will pay to the City the amount for liquidated damages as specified in the schedule below for each calendar day that the Contractor shall be in default after the time stipulated in this contract document. The amount specified in the schedule is agreed upon, not as a penalty, but as liquidated damages for the loss to the City of Belton and the public of the use of the facility as designated. This amount will be deducted from any money due to the

Contractor. The Contractor and Contractor’s surety will be liable for all liquidated damages.

SCHEDULE OF LIQUIDATED DAMAGES

Original Contract Amount Charge Per

Calendar Day

From More Than

To and Including

0 50,000 150

50,001 100,000 250

100,001 500,000 500

500,001 1,000,000 1,000

1,000,001 2,000,000 1,500

2,000,001 5,000,000 2,000

5,000,001 10,000,000 2,500

10,000,001 And above 3,000

ARTICLE VII

RESPONSIBILITIES

The City shall provide all information or services under their control with reasonable promptness and designate the Assistant City Manager/Public Works Director, or their designee (in writing) to render decisions on behalf of the City and on whose actions and approvals the Contractor may rely.

The Contractor’s responsibilities and obligations under this agreement are accepted subject to strikes, outside labor troubles (including strikes or labor troubles affecting vendors or suppliers of Contractor), accidents, transportation delays, floods, fires, or other acts of God, and any other causes of like or different character beyond the control of Contractor. Impossibility of performance by reason of any legislative, executive, or judicial act of any governmental authority shall excuse performance of or delay in performance of this agreement. The City and the

Contractor shall agree upon such any delay or cancellation of performance and execute an agreement in writing documenting the excuse of performance or delay in performance of this agreement.

The Contractor agrees to provide all materials, labor, tools, and equipment necessary to perform and complete the contract as specified.

All equipment will be of such type and in such condition so as not to cause any damages to City property or the community at large. All equipment used on site will meet the minimum requirements of OSHA (Occupational Safety Health Administration) and related federal, state, county, and city agencies and regulations, including but not limited to EPA (Environmental

Protection Agency) and the NESHAPS (National Emission Standards for Hazardous Air Pollution).

All material will be of a type and quality acceptable to the City, and which will not cause injury to property or persons.

The Contractor will supervise and direct the work performed and shall be responsible for his employees. The Contractor will also supervise and direct the work performed by subcontractors and their employees and be responsible for the work performed by subcontractors hired by the

Contractor.

The Contractor agrees to obtain and maintain, during the term of this contract, the necessary licenses and permits required by federal, state, county and municipal governments to perform the services as required by this contract. The Contractor shall bear the cost of any permits which he is obligated to secure. The Contractor will also ensure any subcontractors hired will obtain the necessary licenses and permits as required.

The Contractor agrees to comply with all applicable federal, state, county and municipal laws and regulations, including, but not limited to, affirmative action, equal employment, fair labor standards and all applicable provisions of the Occupational Safety and Health Act of 1970, as amended. The Contractor agrees to ensure subcontractors and their employees comply with all applicable laws and regulations aforementioned.

The Contractor also agrees to be, at all times, in full compliance with any and all applicable federal, state and local laws and regulations as they may change from time to time.

The Contract is subject to the State of Missouri Prevailing Wage Laws (Cass County Annual Wage

33). The Contractor shall include the provisions of this clause in all subcontracts for work to be performed by subcontractors under this contract so that provisions of this clause are binding upon subcontractors.

ARTICLE VIII

TERMINATION OF AGREEMENT

With Cause – If the Contractor fails to perform his duties as specified in this contract, the City through its appointed representative, shall notify the Contractor to correct any default under the terms of this contract. Such notification may be made in writing, and delivered via regular, certified facsimile or e-mail If the Contractor fails to correct any default after notification of such default, the City shall have the right to immediately terminate this agreement by giving the

Contractor ten (10) days written notice, and delivered via regular, certified facsimile or e-mail.

Without Cause – The City may terminate this agreement at any time by providing sixty (60) days written notice, by certified mail, to the Contractor at the address listed below.

In the event this agreement is terminated, the City may hold as retainer the amount needed to complete the work in accordance with bid specifications.

ARTICLE IX

ARBITRATION

In case of a dispute, the Contractor and the City shall each appoint a representative, who, together, shall select a third-party attorney in good standing and licensed to practice law in

Missouri to arbitrate the issue. Resolution of the issue will be binding upon both parties.

ARTICLE X

WARRANTY

The Contractor warrants that all workmanship shall be of good quality, in conformance with bid specifications and guarantee all materials, equipment furnished, and work performed for a period of two (2) years from the date of substantial completion. The Contractor shall, within ten

(10) days of written notice from the City, correct any work found to be defective, incorrect or not in accordance with bid specifications.

ARTICLE XI

REQUIRED SAFETY TRAINING

A. The Contractor shall provide a ten (10) hour Occupational Safety and Health

Administration (OSHA) construction safety program for all employees who will be on-site at the project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri

Department of Labor and Industrial Relations which is at least as stringent as an approved

OSHA program as required by Section 292.675, RSMo.

B. All on-site employees of a contractor or subcontractor must have certification of successful completion of Required Safety Training within 60 days of project commencing.

On-site employees must provide documentation that they have successfully completed the Required Safety Training within the required time period. If they cannot do so within

20 days of a request for such documentation, they must be removed from the project and their employers will be subject to penalties as described in the Act.

C. The Contractor shall require all of its subcontractors to comply with the requirements of this Section and Section 292.675, RSMo.

ARTICLE XII

NOTICE OF PENALTIES FOR FAILURE TO PROVIDE SAFETY TRAINING

A. Pursuant to Section 292.675, RSMo, the Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by the Contractor or its subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required in Section XI above.

B. The penalty described in Subsection “A” of this Section shall not begin to accrue until the time periods described in Sections XI “B” and “C” above have elapsed.

C. Violations of Section XI above and imposition of the penalty described in this Section shall be investigated and determined by the Missouri Department of Labor and Industrial

Relations.

ARTICLE XIII

AFFIDAVIT of WORK AUTHORIZATION

Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by:

* submitting the attached AFFIDAVIT OF WORK AUTHORIZATION and

* providing documentation affirming the bidder’s enrollment and participation in a federal work authorization program (see below) with respect to the employees proposed to work in connection with the services requested herein.

E-Verify is an example of a federal work authorization program. Acceptable enrollment and participation documentation consists of the following two pages of the E-Verify

Memorandum of Understanding (MOU): 1) a valid, completed copy of the first page identifying the bidder and 2) a valid copy of the signature page completed and signed by the bidder, the Social Security Administration, and the Department of Homeland Security –

Verification Division.

ARTICLE XIV

ENTIRE AGREEMENT

The parties agree that this constitutes the entire agreement and there are no further items or provisions, either oral or otherwise. The Contractor agrees that it has not relied upon any representations of the Contractor as to prospective performance of the goods but has relied upon its own inspection and investigation of the subject matter.

The parties have executed this agreement with the City of Belton the day and year first above written.

IN WITNESS WHEREOF, the parties hereunto have executed two (2) counterparts of this agreement the day and year first written above.

SEAL)

THE CITY OF BELTON, MISSOURI

By: _______________________________________________________

Greg Rokos, P.E., Assistant City Manager/Public Works Director

Attest: _________________________________

Andrea Cunningham, City Clerk

SEAL)

CONTRACTOR’S NAME

By: __________________________________ ______________________________ (Print Name) (Signature)

Title: ________________________________

Attest: _______________________________ ______________________________ (Print Name) (Signature)

APPENDIX A

SCOPE OF SERVICES AND SPECIAL PROVISIONS

A mandatory Pre-Bid Meeting will be held on August 13, 2026, at 10:00 a.m., local time, and

August 18, 2026, at 10:00 a.m., local time, at the City of Belton Public Works Facility located at

700 Seabee Road, Belton, MO, 64012 at the Administration Building (Building A). All bidders must attend one meeting. Bids will only be accepted from those who are represented at one of the Pre-Bid Meetings. Attendance at the Pre-Bid Meeting will be evidenced by the representative’s signature on the attendance roster.

ANTICIPATED SCOPE OF SERVICES:

The City of Belton is seeking bids for the purchase, delivery, installation, startup, testing, and commissioning of an emergency standby Generator for the Public Works Facility. The contractor shall provide all labor, equipment, materials, electrical connections, fuel systems, startup services, and associated appurtenances necessary to provide complete operational systems.

The Contractor shall obtain all necessary permits and provide all necessary notifications and inspections at least 10 days prior to construction activity or as otherwise required.

The City has fifteen (15) holidays. The Contractor shall not work on any of these days unless approved by the Engineer with 48 hour notice. The holidays include New Year’s Day, Martin

Luther King Jr. Day, Presidents’ Day, Good Friday, Truman Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and the following

Friday Afterward, and Christmas Eve and Christmas Day.

SPECIFICATIONS THAT APPLY

1. Project Special Specifications

2. City of Belton Design and Construction Manual

3. KC Metro APWA Standards and Specifications

METHODS AND PAYMENT

Measurement and Payment for this project shall be as specified below. All costs in connection with the work, including mobilization, bonds, insurance and taxes, supplies and appurtenances, all construction plans and the performance of all labor to complete the work, shall be included in the items listed in the proposal. Alternatives shown, if any, shall also include all costs involved in the completion of that portion of the work which differs from the base bid. Should the Contractor find that the quantity of any item will exceed that which is shown in the Proposal, he must notify the Engineer immediately so that it may be determined if a change order will be required.

All costs will be paid as shown on Form E in the Proposal.

There will be no separate measurement or payment for any item of work not specifically identified and listed in the Proposal. All such work shall be considered a subsidiary item with all costs pertaining thereto included in the prices for other items listed in the Proposal. Anything necessary for proper construction of any item in this proposal or associated plans that is not specifically mentioned shall be considered subsidiary to the most applicable item.

130 kW Generator – Payment for the line item “130 kW Generator” shall be paid for at the unit price set forth in the Bid Schedule per each item. The unit price set forth in the Bid Schedule shall include full compensation to the Contractor for all labor, equipment, and materials necessary to acquire and deliver the generator. The generator shall be fitted to operate on natural gas. The generator shall be fitted with equipment for remote monitoring, and weatherproofing. The

Contractor shall commission the generator and conduct a load bank test before final acceptance.

The Contractor shall provide a set of manufacturer shop drawings to the City.

Automatic Transfer Switch – Payment for the line item “Automatic Transfer Switch” shall be paid for at the unit price set forth in the Bid Schedule per lump sum in accordance with the manufacturers shop drawings. The unit price set forth in the Bid Schedule shall include full compensation to the Contractor for all labor, equipment, and materials necessary to acquire and install the transfer switch. All conduit installation shall be considered subsidiary to this line item.

Concrete Pad – Payment for the line item “Concrete Pad” shall be paid for at the unit price set forth in the Bid Schedule per each item in accordance with the City of Belton’s specifications. The unit price set forth in the Bid Schedule shall include full compensation to the Contractor for all labor, equipment, testing, and materials necessary to construct the concrete pad. The concrete pad shall be in compliance with the City of Belton’s Standard Details. The concrete pad shall be constructed next to building A and the main line connections from Evergy. The concrete pad shall be sized to fit the generator.

Gas Connection – Payment for the line item “Gas Connection” shall be paid for at the unit price set forth in the Bid Schedule per lump sum. The unit price set forth in the Bid Schedule shall include full compensation to the Contractor for all labor, equipment, testing, and materials necessary to make a connection from the existing gas line to the generator.

ADDITIONAL BIDDING INFORMATION

Project questions: All questions regarding the bidding of this project must be submitted to Kaleb Young, Engineer I, City of Belton, by phone at (816) 489-0222 or by email at kyoung@belton.org. All questions must be received (3) days prior to the bid opening.

Project is tax exempt.

APPENDIX B

General Terms and Conditions

A. Procedures

The extent and character of the services to be performed by the Contractor shall be subject to the general control and approval of the Assistant City Manager/Public Works Director or their authorized representative(s). The Contractor shall not comply with requests and/or orders issued by an unauthorized individual. The Assistant City Manager/Public Works

Director will designate their authorized representatives in writing. Both the City of Belton and the Contractor must approve any changes to the contract in writing.

B. Contract Award

The contract will be awarded based on the base bid plus alternates as selected by the City.

Alternates may increase or decrease the total bid price depending on the price of the alternate. Some alternates are additional items, while others are replacement of other line items.

C. Contract Period

Award of this contract is anticipated prior to the end of September 2026.

D. Insurance

The Contractor shall procure, maintain, and provide proof of insurance coverages for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the City of Belton by the Bidder/Contractor, its agents, representatives, employees, or subcontractors. The City of Belton shall be named as an additional insured under such insurance contracts (except for Worker’s Compensation coverage). All coverage for the City shall be written on a primary basis without contribution from the City’s coverage. A Certificate of Insurance will be required within ten calendar days from the date of receipt of the Notice of Award. All policies shall be issued on an occurrence form.

The Contractor shall procure and maintain in effect throughout the duration of this

Agreement, and for a period of two (2) years thereafter, insurance coverage not less than the types and amounts specified below. In the event that additional insurance, not specified herein, is required during the term of this Agreement, Professional shall supply such insurance, if available, at City’s cost. Policies containing a Self-Insured Retention are unacceptable to City.

a. Commercial General Liability Insurance: with limits of $2,500,000 per occurrence and $2,500,000 aggregate, written on an “occurrence” basis. The policy shall be written or endorsed to include the following provisions:

i. Severability of Interests Coverage applying to Additional Insureds

ii. Contractual Liability

iii. Per Project Aggregate Liability Limit or, where not available, the aggregate limit shall be $2,500,000

iv. No Contractual Liability Limitation Endorsement

v. Additional Insured Endorsement, ISO form CG20 10, current edition, or its equivalent

b. Workers’ Compensation Insurance: as required by statute, including Employers

Liability with limits of:

Workers Compensation Statutory

Employers Liability

$100,000 accident with limits of:

$500,000 disease-policy limit

$100,000 disease-each employee

c. Commercial Automobile Liability Insurance: with a limit of $2,500,000 per occurrence, covering owned, hired, and non-owned automobiles. Coverage provided shall be written on an “occurrence” basis. The insurance will be written on a Commercial Business Auto form, or an acceptable equivalent, and will protect against claims arising out of the operation of motor vehicles, as to acts done in connection with the Agreement, by Professional.

d. The policies listed above may not be canceled until after thirty (30) days written notice of cancellation to City, ten (10) days in the event of nonpayment of premium. The Commercial General and Automobile Liability Insurance specified above shall provide that City and its agencies, officials, officers, and employees, while acting within the scope of their authority, will be named as additional insureds for the services performed under this Agreement. Professional shall provide to City at execution of this Agreement a certificate of insurance showing all required endorsements and additional insureds. The certificate shall be on the

City’s Standard Certificate of Insurance Form furnished in Attachment 2 or its equivalent.

e. All insurance coverage must be written by companies that have an A.M. Best’s rating of “B+V” or better and are licensed or approved by the State of Missouri to do business in Missouri.

f. Regardless of any approval by City, it is the responsibility of the Contractor to maintain the required insurance coverage in force at all times; its failure to do so will not relieve it of any contractual obligation or responsibility. In the event of

Contractor’s failure to maintain the required insurance in effect, City may order

Contractor to immediately stop work, and upon ten (10) days’ notice and an opportunity to cure, may pursue its remedies for breach of this Agreement as provided for herein and by law.

E. Hold Harmless Clause

The Bidder/Contractor shall, during the term of the contract including any warranty period, indemnify, defend, and hold harmless the City of Belton, its officials, employees, agents, residents and representatives thereof from all suits, actions, or claims of any kind, including attorney’s fees, brought on account of any personal injuries, damages, or violations of rights, sustained by any person or property in consequence of any neglect in safeguarding contract work or on account of any act or omission by the Contractor or his employees, or from any claims or amounts arising from violation of any law, bylaw, ordinance, regulation or decree.

The vendor agrees that this clause shall include claims involving infringement of patent or copyright.

F. Exemption from Taxes

The City of Belton is exempt from state sales tax and federal excise tax. Tax exemption certificates indicating this tax-exempt status will be furnished on request, and therefore, the

City shall not be charged taxes for materials or labor.

G. Employment Discrimination by Contractors Prohibited/Wages/Information

During the performance of a contract, the Contractor shall agree that it will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disabilities except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor;

that it will post in conspicuous places available to employees and applicants for employment, notices setting forth nondiscrimination practices, and that it will state in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that it is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient to meet this requirement.

The Contractor will include the provisions of the foregoing paragraphs in every subcontract or purchase order so that the provisions will be binding upon each subcontractor or vendor used by the Contractor.

The Contractor agrees to pay all employee involved in this contract the required wages as listed in the Prevailing Wage Order 33 for Cass County, Missouri, USA.

H. Invoicing and Payment

The Contractor shall submit invoices for services outlined above in the scope of services.

Certified payroll shall be submitted with each pay request or invoice.

Invoice shall be based on the following schedule:

At completion of work – 95% of contract amount with 5% held for retainage – the 5% retainage will be held until acceptance of the project by the Belton City Council at which time final payment will be made. Payment will be based on actual services rendered and actual costs. All such invoices will be paid within thirty (30) days by the City of Belton unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Contractor shall provide complete cooperation during any such investigation.

Third party payment arrangements will not be accepted by the City.

I. Cancellation

The City of Belton reserves the right to cancel and terminate this contract in part or in whole without penalty upon thirty (30) days written notice to the Contractor. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

J. Contractual Disputes

The Contractor shall give written notice to the City of Belton of its intent to file a claim for money or other relief at the time of the occurrence or the beginning of the work upon which the claim is to be based.

The written claim shall be submitted to the City no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, the City of Belton shall reduce their decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of receipt of the claim.

City decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the Assistant City Manager/Public Works Director or his designee.

The Assistant City Manager/Public Works Director shall render a decision within sixty (60) days of receipt of the appeal.

K. Severability

In the event that any provision shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding, and in full force and effect.

L. Applicable Laws

This contract shall be governed in all respects by federal and state laws. All work performed shall be in compliance with all applicable City of Belton codes.

M. Drug/Crime Free Workplace

The Contractor acknowledges and certifies that it understands that the following acts by the

Contractor, its employees, and/or agents performing services on City of Belton property are prohibited:

1. The unlawful manufacture, distribution, dispensing, possession, or use of alcohol…