Whit-Generator-Request-for-Proposal-RFP-1010.25-Final.pdf

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4905-0991-7550_5

Request for Proposals/Bids Standby Generator

Ypsilanti District Library

Ypsilanti District Library (“Owner” or “Library”) is seeking sealed bids for the acquisition and installation of a natural gas backup generator system at the Whittaker Road branch. This project is funded primarily by an American Rescue Plan Act (ARPA) Grant awarded by Washtenaw County using federal funds. The building is located at 5577 Whittaker Road, Ypsilanti, MI and has natural gas service provided by Constellation Energy. The standby generator is to be installed and connected to the natural gas supply and be used to provide sufficient power to the building in the event of a power loss to operate the heating system, emergency lighting, elevator, computer server room, the computer closet, security systems, and air conditioning system for the computer areas specified. Also included in the main project is installing proper foundation for the generator along with training, warranty and service agreement. Upon completion of its work, the successful Bidder must provide a fully functional unit with all governmental approvals and a warranty acceptable to the Library. A secondary desire of the Library is to have sufficient power to operate the parking lot lighting in an emergency which should be bid as an alternate.

A mandatory pre-bid/proposal meeting to explain the project and answer any questions will be held on Monday, October 27, 2025, at 8:00 a.m. at the library building located at 5577 Whittaker Road, Ypsilanti, MI. Failure to attend will be grounds for a Bid to be deemed non-responsive.

The successful contractor shall provide all material and perform all services described in this RFP. More specifically, the contractor shall include in its bid:

• Installing a new natural gas standby generator and automatic transfer switch to automatically provide backup power to the Whittaker branch in the event of an interruption in the utility power supply. This shall include the following:

• Providing engineering and design of the natural gas standby generator system, including sizing and specification of the generator and associated components, as well as any required additional gas piping.

• Procurement of all equipment and materials.

• Installation of the standby generator system, including integration into the building’s existing power system.

• Obtaining necessary mechanical and electrical permits and any other governmental approvals required to operate system.

• Commissioning and performance testing of the standby generator to satisfaction of the

Owner including providing training regarding the operation of the generator system.

• Minimum 12-month warranty once the system has been commissioned – terms must be acceptable to the Library.

• An Alternate relating to providing power for the parking lot lighting in case of an emergency

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• The Generator system must be properly functioning by November 30, 2026 with all required approvals and in a manner acceptable to the Library.

The Contractor shall provide and coordinate all labor, tools, equipment, materials, permits and inspections necessary to perform the services required for successful completion of the Work.

The generator startup and transfer to and from the standby system shall be automatic, with no manual operation required.

The RFP process, including the preparation, submittal and consideration of Bids, shall be conducted in accordance with the procedures and requirements of this Request for Proposals/Bids (“RFP”). The procedure and deadline for submitting questions regarding the RFP and/or the RFP Documents, or to seek clarifications or interpretations thereof, is set forth in the RFP including any documents which are a part of the RFP.

The successful bidder will be required to execute an AIA A104-2017 contract (“Contract”) that has been modified pursuant to the requirements of the Library and applicable law and is adapted to apply to a design-build project where the successful bidder will provide both design and construction services. A copy of the Contract form is attached as Exhibit A. If a bidder has any objections to any portion of the Contract or any specific terms or wishes to propose other terms, it shall include such items in its bid and such items will be considered in determining the successful bidder.

Questions concerning this request may be directed before 5:00 p.m. November 3, 2025 to: Lisa Hoenig, Director, via email to lisa@ypsilibrary.org mailto:lisa@ypsilibrary.org

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1. Alterations/Amendments to Bid Bids CANNOT be altered or amended after opening time (See Section 12). Alterations made before opening time must be initialed by bidder guaranteeing authenticity. No bid may be withdrawn after opening time without acceptable reason in writing and only after approval by the Ypsilanti District Library. All bids shall remain effective for 60 days from opening of bids.

2. Sales Tax

The Ypsilanti District Library is tax exempt. State sales tax must not be included in the bid.

3. Right to Reject/Award

Ypsilanti District Library reserves the right to refuse and reject any or all bids, and to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to Ypsilanti District Library.

4. Indemnification - Patents

The Bidder agrees to indemnify and hold harmless the Library including its officers, directors, agents and employees from all suits and actions of every nature and description brought against them or any of them, for or on account of the unauthorized or other use of patented appliances, products, or processes, and the Bidder shall pay all royalties and charges which are required by applicable law relating to the use of such patented appliances, products, or processes. Evidence of such payment or satisfaction shall be submitted in writing upon request of the Library Director, as a condition of final payment. See modified AIA contract form attached as Exhibit A for details.

5. Addenda

Bidder shall carefully examine the required bid form, specifications/requirements, and instructions to bidders. If the bidder find discrepancies in, or omissions from the bid form, specifications/requirements, or other documents, or should the Bidder be in doubt as to the meaning of any aspect of the RFP, the Bidder shall notify the Library Director at once via email at lisa@ypsilibrary.org and seek clarification by addendum prior to submitting any bid. Explanations, interpretations, and supplemental instructions shall be in the form of written addenda which shall become a part of the contract documents. Said addenda shall be mailed, e-mailed, hand delivered, posted, and/or faxed, to all prospective bidders as determined by the Library in its discretion. All addenda issued in respect to this project shall be considered official changes to the original bid documents. Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative nor binding. It shall be each Bidder’s responsibility to ensure that it has received all addenda in respect to this project. Furthermore, Bidders are advised that they must recognize, comply with, and attach a signed copy of each addendum which shall be made part of their bid submittal. A Bidder’s signature on addenda shall be interpreted as the bidder’s “recognition and agreement to mailto:lisa@ypsilibrary.org

4 | P a g e comply with” official changes as outlined by Ypsilanti District Library and as such are made part of the original solicitation documents. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from its terms and requirements.

The Library may issue a written addendum no later than five (5) calendar days prior to the date bids must be received. Addendums will be made available online at https://www.ypsilibrary.org/about/connect/rfps/.

6. Preparation of Bid

All costs incurred by a Bidder in preparing, submitting and discussing its Bid shall be borne by the Bidder, as well as any costs to demonstrate any product or equipment, the cost to forward and return delivery of any sample products or equipment and any other cost incurred by the Bidder as part of participating in the RFP process. Ypsilanti District Library shall not be held liable for any costs incurred by any Bidder for work performed in the preparation of and production of a bid or for any work performed prior to execution of the Contract.

7. Familiarity with Laws

Each Bidder is required to be familiar with all Federal, State and Local laws, ordinances, codes, rules, regulations and standards that in any manner apply to the RFP and/or the procurement including the performance to be provided by the Bidder should the Library award a Contract.

Lack of familiarity on the part of a Bidder with such applicable requirements will in no way relieve it from responsibility. The Contract includes provisions required by federal law. See Exhibit A of this RFP.

8. Ownership and Disclosure of Bids

All documents submitted by a Bidder in response to this RFP shall become the property of the Library and will not be returned to the Bidder. If a contract is awarded for the procurement referenced herein, the Library shall also have the right to duplicate, use or disclose such information as determined to be in the best interest of the Library, except to the extent such use or disclosure is expressly limited in this RFP and/or the Contract.

9. Insurance & Indemnity Requirements

To the fullest extent permitted by law, the successful bidder agrees to defend and hold harmless Ypsilanti District Library and its elected board, officers, agents, employees, and volunteers (“Library Indemnitees”) against any claims, demands, suits, or loss associated with any bodily injury or property damage that may be asserted to the extent caused by or arising from the bidder’s negligent acts or omissions in relation to the performance of its design or construction services/work. Per Michigan law, this indemnity does not apply to claims where the injury or damage is solely caused by the Library.

https://www.ypsilibrary.org/about/connect/rfps/

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The Contract will have language that includes, but is not limited to, the following insurance requirements, to be evidenced by a certificate of insurance and endorsements: Without limiting or diminishing bidder’s obligation to indemnify and hold harmless the Library Indemnitees, the successful bidder must procure and maintain or cause to be maintained, at its sole cost and expense, not less than the following insurance coverage during the term of the contract and for such longer periods as may be provided below.

a. Professional Liability Insurance policy in the minimum amount of $1,000,000 per claim and $1,000,000 aggregate to be in effect throughout the term of the agreement and for two (2) years thereafter. The insurance shall include prior acts coverage.

b. Commercial General Liability Insurance covering liability arising from the premises, operations, independent contractors, products-completed operations, personal and advertising injury, and blanket contractual liability under the agreement, with respect to all of consultant’s activities in, on or about the applicable property – $1,000,000 per occurrence;

$2,000,000 aggregate.

c. Workers Compensation - statutory limits.

d. Employers Liability – Five Hundred Thousand Dollars ($500,000) per occurrence for bodily injury; Five Hundred Thousand Dollars ($500,000) per employee for bodily injury by disease; and Five Hundred Thousand Dollars ($500,000) aggregate for bodily injury by disease.

e. Excess or Umbrella - $1,000,000 per occurrence and $2,000,000 in the aggregate. The insurance shall be at least as broad as the underlying liability insurance.

All policies of insurance procured by consultant must be written as primary policies; and not contributing with or in excess of any coverage that the Library may carry. The successful bidder must agree to waive its insurer’s right of subrogation under its liability and workers compensation policies. The Library Indemnitees must be named as an additional insured under bidder’s commercial general liability insurance policy, automobile, employers liability, and excess or umbrella insurance coverage. The successful bidder must provide the Library with a certificate of insurance and endorsements evidencing compliance with the above requirements to satisfaction of Library. Each bidder shall include a pro forma Certificate of Insurance and Endorsements with its bid.

All insurance companies must be authorized to provide insurance in the State of Michigan and have an A.M. Best rating of at least A- and an FSC of at least VII. The Library reserves the right to require additional coverage and terms regarding the successful bidder’s insurance.

Copies of Insurance Certificates naming the Library Indemnitees as "additional insured" as required above shall be provided to the Library within 21 days of a notice of award.

10. RFP Submittal Evaluation/Scoring

Each Bid submitted will be reviewed by a committee of the Library. Once Bids have been reviewed for completeness and references checked, panel members will make

6 | P a g e recommendations based on the following critieria. The best proposal will be recommended to Library Board of Trustees for approval at an upcoming Board meeting.

• Total Purchase Price (for main bid and alternate)

• Design of Generator system

• Product Warranty

• Completeness of Bid

• Clarity of Bid

• Annual maintenance and service costs for future years

• Reputation of the Bidder and the Bidder’s goods and services.

• Ability and resources available to achieve timely performance

• Extent and nature of changes to Contract proposed by Bidder

• Recommendations and References

Each bidder may provide additional documentation that evidences its fulfillment of any of the above criteria.

11. Bid Submission

The undersigned, as Bidder, hereby declares that its bid is made in good faith without fraud or collusion and that it has carefully read and examined its Bid and all related documents.

The Bidder understands that the Library reserves the right to reject any and all proposals submitted and to begin the process over again at the sole discretion of the Library Trustees.

The Library also reserves the right to waive any and all procedural defects in the process.

Any and all information submitted by an applicant will be deemed public information and subject to public disclosure. The Bidder agrees that its bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving the bids. The price indicated in a bid shall include all permits, labor, materials, overhead, profit, insurance, sub-contractor costs, and material costs for the finished work as described in the bid documents submitted by Bidder.

12. Time/Schedule

Time is of the essence as to the RFP process, submission of bids, execution of Contract, and performance of design or construction. Milestone Dates applicable to the schedule for the RFP process and other items listed above (if the Library makes an award), are listed below.

Such Milestone Dates may be modified and amended from time to time by the Library, as set forth in a written Addendum provided to all prospective Bidders.

• Distribute Notice of RFP to potential Bidders 10/13/2025

• Mandatory Pre-Proposal Meeting 10/27/2025 8:00 a.m.

• Deadline for Bidders to Submit Questions regarding the RFP 11/3/2025 5:00 p.m.

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• Deadline for Library to provide responses to Questions 11/5/2025

• Deadline for submittal of Bids to the Library 11/12/2025 12:00 noon

• Unsealing/Opening of Bids (“opening time”) 11/12/2025 2:00 p.m.

• Award of Contract By 12/19/2025

• Substantial Completion of Design/Work November 30, 2026

13. Preparation and Submission of Bids

Each Bidder shall submit its Bid using the Bid Form included as in the RFP Documents `provide with its Bid all other documents and information as set forth below.

Two (2) hard copies of the full Bid (including all other documents and information required or permitted) shall be submitted to the Library in a sealed envelope, addressed to the attention of Lisa Hoenig, Library Director, and delivered to the Administrative Offices of the Library located at 5577 Whittaker Road, Ypsilanti, MI. The transmittal envelope shall be clearly marked in the lower left hand corner with the following notation: “BID –

LIBRARY GENERATOR”.

Each Bidder shall be responsible to see that its Bid is submitted to and received by the Library no later than the indicated date and time for submittal of Bids as set forth in the RFP and in Section 12 above. Failure to timely submit a Bid shall be grounds for rejection by the Library, in which case the rejected Bid shall be returned to the Bidder unopened.

As part of its bid, each Bidder shall indicate whether it accepts the form of Contract included in the RFP or whether it is proposing changes to the Contract, and if so, what those changes are.

14. Withdrawal of Bids Bids that have been submitted early may be withdrawn by written request delivered by the Bidder to the Library’s Director, so long as such request is made prior to the deadline for the submittal of Bids. A Bid that has been timely withdrawn may be resubmitted, but only if the revised Bid is delivered to the Library in advance of the submittal deadline. A Bid may not be withdrawn, modified or cancelled after the deadline for submittal of Bids and shall remain valid, for the Library’s consideration and potential award of a Contract, for sixty (60) days after the deadline for submission of bids.

15. Multiple Proposals More than one Bid from an individual, firm, partnership, corporation or association under the same name or different names will not be considered. Should the Library have reasonable

8 | P a g e grounds to believe that a Bidder has an interest in more than one Bid, the Library may reject all Bids in which such Bidder is believed to be interested.

16. Collusion/False Entries/Omissions If the Library has reasonable grounds to believe that collusion exists among two or more Bidders, or between a Bidder and a third party, the Bids submitted by those Bidders shall be rejected and the Library shall have authority to either terminate the current RFP and to recommence the RFP procurement process at a later date, or the Library may proceed with the current RFP after rejecting the Bids of all Bidders believed to be involved in collusion. The Library shall also have discretion to preclude those involved in such collusion from participating in future RFPs that are issued or contracts that are awarded by the Library whether related to the current procurement or a different procurement.

Should a Bidder include false information in its Bid, that will be deemed a material irregularity and will be grounds, at the Library ‘s discretion, for rejection of such Bid. Failure of a Bidder to completely fill out the Bid Form constitutes an irregularity and will be grounds, at the Library’s discretion, for rejection of such Bid.

17. Rejection of Bids The Library reserves the right to reject in its discretion any and all Bids and to waive any irregularities and informalities in the RFP procurement process.

18. Execution of Contract To the extent a Contract is awarded by the Library, it will be in the form included within the RFP (see attached) and it will be tendered to the Bidder whose Bid, after considering the Evaluation Criteria set forth in Section 10 above, is determined to be the most advantageous and best value to the Library. The Bidder to whom the Library awards the Contract shall execute and return the Contract to the Library, along with other documents and information required by the RFP or the Contract (Certificates of Insurance, etc.), within five (5) days of the Library notifying the Bidder of the award and providing the final Contract for execution to the successful bidder.

Failure to return the Contract correctly executed and/or to provide all other required information within five (5) days, without written extension by the Library, shall be grounds, at the Library’s discretion, for withdrawal of the award to that Bidder, in which event the Library may award the Contract to another Bidder. As part of the Contract, the successful bidder is required to comply with the Federal and Other Required Terms and Conditions contained as an exhibit to the attached form Contract (See Exhibit A of the RFP). In the event of any conflict or inconsistency between this RFP and the Contract, the Contract will have superseding effect.

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19. SPECIFICATIONS FOR THE PURCHASE OF ONE (1) NATURAL GAS-

POWERED ENGINE GENERATOR INSTALLED AT THE DESIGNATED

LOCATION

Please proofread your specifications thoroughly and be sure that the generator offered complies with all requirements. Any variations from the specifications must be clearly indicated on item specification sheet and covered by letter attached to and made a part of your bid. Do not fill in the blank with "as specified," "available," "standard," "yes," or “ok." If no exceptions are noted, and you are the successful bidder, it will be required that the generator is furnished as specified.

You may add additional pages as needed.

Whittaker Road library branch

CONTRACTOR NARRATIVE / DRAWING

Provide an overview/compliance statement of design and layout for the proposed system. The overview must include:

• A statement confirming specifications of the generator system, generator system communications capability, accessories and control system specifications; a statement of methods and materials that will be used to provide natural gas service to the new generator system;

• A statement of methods and materials that will be used to connect all existing loads to the new generator backup system;

• A statement that all required building electrical power systems will be backed up by the new generator system at the completion of the project;

• A statement of method to assure proper exhaust ventilation. It shall be non-acceptable to have fumes enter any part of the Library building.

• A breakdown of the project installation timeline;

• A statement confirming that all current circuit breakers within the building will be replaced with code compliant circuit breakers;

• A proposed layout drawing showing the footprint of the generator and concrete pad and how they relate to other equipment in the enclosure.

• A breakdown of the warranty and mainteance agreement.

COSTS

The bid must include a clearly understandable schedule of charges. All charges will be included in the cost breakdown of proposals. No additional costs will be charged to the Library. If any error or omission of equipment or service is made by the contractor, the contractor will incur any additional costs.

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GOVERNMENTAL FORMS TO INCLUDE WITH BID

The following forms attached to this RFP must be completed, signed, and included with each bid (See Exhibit C):

FEDERAL

• Each Bidder shall include with its bid the completed and signed forms listed below and a copy of which are attached to the Federal and Other Required Terms and Conditions (See Exhibit C of the RFP):

• Certification of Primary Participant Regarding Debarment

• 49 CFR Part 20 – Certification Regarding Lobbying

• Certification of Noncollusion

• Buy America Certification

STATE FORMS TO INCLUDE WITH BID

• AFFIDAVIT OF COMPLIANCE - IRAN ECONOMIC SANCTIONS ACT (See Exhibit B of the RFP)

20. SUBCONTRACTORS

As part of its bid, Contractor will provide a list of any subcontractors and detailed information on their qualifications and the work they are proposed to perform in regard to this contract.

21. BOND REQUIREMENTS

The Contractor shall furnish a properly executed performance bond and payment bond with a penal amount equal to 100% of the original contract price whose form and substance is satisfactory to the Library. The surety must be one that is authorized to do business in Michigan and the surety’s name must appear on the list contained in Treasury Department Circular 570, individual sureties. Treasurey Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782 or via the internet at http://www.fms.treas.gov/c570/. A pro forma copy of the foregoing proposed bonds shall be included with the bid. Bonds properly signed and authorized must be provided by the successful bidder within five (5) business days of execution of the Contract.

22. DELIVERY REQUIREMENTS

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The successful contractor shall provide, deliver, install and have the new generator running properly by November 30, 2026.

23. ELECTRICAL CONTRACTOR LICENSE

Submitting contractor must possess an electrical contractor’s license and provide evidence of its license in the bid.

24. MECHANICAL CONTRACTOR LICENSE

All natural gas fuel system work required on this project will be completed by a licensed mechanical contactor. Evidence of this license must be included in the bid.

25. EXPERIENCE AND REFERENCES

The following must be included in the bid:

Submitting contractor must have at least five (5) years of commercial/industrial experience.

Contractor will provide a brief narrative of your company's relative work experience and services you provide.

The Contractor's bid will include résumés of key project personnel.

The contractor will provide a list of at least three (3) references for whom this type of work has been performed in the last five (5) years Please include a description of the work completed, company name, contact person, phone number and email for all references.

26. PERMIT / CODES

Contactor shall secure all required Ypsilanti Township permits and inspections.

Installation shall comply with applicable state and local codes and meet the approval of the Electrical and Mechanical Inspectors.

27. FEE PROPOSAL/BID FORM

The undersigned hereby declares that the instructions and specifications have been carefully examined and that an emergency backup generator will be furnished and installed for the prices set forth in this Bid. It is understood and agreed that the instructions, specifications, compliance questions, answers, and additional responses and documents are an integral part of the Bid submission from the undersigned (detailed specifications).

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The Bidder shall include in its bid its best estimate of the time of delivery of the emergency backup generator and other equipment (from the date of order) and the time required to install the emergency backup generator including specifically the number of days between ordering the generator and likely delivery and the number of days between delivery and installation. The undersigned contractor further agrees and understands that the Ypsilanti District Library reserves the right to accept any Bid, to reject any or all Bids , to waive irregularities and/or informalities in any Bid, to make the award in any manner the Library believes to be in its best interest, and to reduce or eliminate this RFP and any required actions by the Library without prior notice.

Breakdown of Charges

Quantity – Item Unit/Service prices

Concrete Pad and Installation $

(1) Natural Gas Generator $ (Packing and Delivering Included)

Transfer Switch $

Generator Installation and Associated Wiring $

5 Year Warranty Agreement $

5 Year Service/Maintenance Agreement $

Training/Manuals $

TOTAL COST OF PROPOSAL $

Alternate (for Parking Lot Lighting) $

TOTAL COST OF PROPOSAL WITH ALTERNATE $

BID FORM CONTINUED

COMPANY

Delivery time after receipt of Contract: ____________________________________________

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Warranty Explanation/Details:

PLEASE PRINT:

CONTRACTOR NAME_________________________________________________________

AUTHORIZED

REPRESENTATIVE_________________________________________________

CONTRACTOR ADDRESS ______________________________________________________

E-MAIL ____________________________________________________________________

PHONE _____________________________________________________________________

SIGNATURE _________________________________________________________________

WITNESS ____________________________________________________________________

DATE _______________________________________________________________________

This form must be completed and returned with your Bid

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ADDENDA ACKNOWLEDGEMENT

The undersigned acknowledges receipt of the following addenda to the document:

Addendum No. _________________________, Dated __________________

Failure to acknowledge receipt of all addenda may cause the bid to be considered non-responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the offer.

The undersigned understands that any conditions stated above, clarifications made to above or information submitted on or with this form other than that requested, will render bid unresponsive.

(Name of Individual, Partnership or Corporation)

(Address)

(Authorized Signature) (Title)

(Date) (Telephone)

This form must be completed and returned with your Bid

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EXHIBIT A – REQUIRED CONTRACT – MODIFIED AIA A104-2017 WITH FEDERAL

TERMS AND CONDITIONS AND FORMS

(SEE ATTACHED)

AIA

Document A104® – 2017 Standard Abbreviated Form of Agreement Between Owner and Contractor – WITH DESIGN-BUILD MODIFICATIONS

AIA Document A104 – 2017 (formerly A107™ – 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 17:37:04 ET on 01/31/2024 under Order No.2114422760 which expires on 05/19/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

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ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the Eighth_____ day of October in the year Two Thousand Twenty-Five2025 (the “Effective Date”) (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

Ypsilanti District Library 5577 Whittaker Road Ypsilanti, Michigan 48197

Referred to as the “Owner” and the Contractor:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

Blank ContractStandby Generator Project Whittaker Library Branch 5577 Whittaker Road Ypsilanti, MI 48197

The Architect/Engineer engaged by Contractor:

(Name, legal status, address and other information)

All references to the Architect mean the Contractor’s Engineer, or if no separate engineer is engaged by Contractor, then the reference is to the Contractor which will self-perform the design services in accordance with this Agreement including applicable law.

THIS IS A DESIGN-BUILD PROJECT. THIS AIA A104 – 2017 AGREEMENT HAS

BEEN MODIFIED BY AGREEMENT OF THE PARTIES TO REFLECT THAT THIS

IS A DESIGN-BUILD PROJECT AND TO INCLUDE PROVISIONS REQUIRED BY

THE OWNER, -THE COUNTY OF WASHTENAW AND FEDERAL LAW.

The Owner and Contractor agree as follows.

AIA Document A104 – 2017 Exhibit A. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007, and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:44:38 ET on 02/04/2025 under Order No.2114513770 which expires on 04/13/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

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TABLE OF ARTICLES

1 THE WORK OF THIS CONTRACT

2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3 CONTRACT SUM

4 PAYMENT

5 DISPUTE RESOLUTION

6 ENUMERATION OF CONTRACT DOCUMENTS

7 GENERAL PROVISIONS

8 OWNER

9 CONTRACTOR

10 ARCHITECT

11 SUBCONTRACTORS

12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

13 CHANGES IN THE WORK

14 TIME

15 PAYMENTS AND COMPLETION

16 PROTECTION OF PERSONS AND PROPERTY

17 INSURANCE AND BONDS

18 CORRECTION OF WORK

19 MISCELLANEOUS PROVISIONS

20 TERMINATION OF THE CONTRACT

21 CLAIMS AND DISPUTES

The following exhibits are incorporated by reference into this Agreement:

EXHIBIT A DETERMINATION OF THE COST OF THE WORK FEDERAL AND OTHER REQUIRED TERMS AND

CONDITIONS

EXHIBIT B CONTRACTOR’S BREAKDOWN OF CONTRACT PRICE

EXHIBIT C CONTRACTOR’S HOURLY RATE SHEET

INTRODUCTION AND DEFINITIONS

All references to applicable law mean all applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities to the Project including, but not limited to, those specifically cited in this Agreement including Exhibit A detailing Federal and Other Required Terms and Conditions.

AIA Document A104 – 2017 Exhibit A. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007, and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:44:38 ET on 02/04/2025 under Order No.2114513770 which expires on 04/13/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

All references in the Contract to the Architect means the Contractor including any engineering firm if any, engaged to provide design and engineering professional services for this Project.

All references herein to the “Agreement” or to the “Contract” have the same meaning.

All references to the “Contractor” in this Agreement shall be to the Contractor acting as the “Design-Builder” who will design and construct the improvements in accordance with the Contract Documents.

See Section 19.9 and Exhibit A for provisions required by the Owner and applicable law.

ARTICLE 1 THE WORK OF THIS CONTRACT

The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

The Contractor shall provide design and engineering related services for the Project and perform the work described in the Contract Documents except as specifically indicated in the Contract Documents to be the responsibility of Owner or others. In its performance of the Work (hereinafter defined), the Contractor agrees that it will not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, or physical or mental disability that is unrelated to the individual’s ability to perform the duties of a particular job or position.

The specific Scope of Work for this Project includes the following unless otherwise specifically provided in the Contract Documents:

Scope of Work:

The Contractor shall provide all material and perform all services described below:

• Install a new natural gas standby generator and automatic transfer switch to automatically provide backup power to the Whittaker library branch in the event of an interruption in the utility power supply. This shall include the following:

o Engineering and design of the natural gas standby generator system, including sizing and specification of the generator and associated components, as well as any required additional gas piping.

o Procurement of all equipment and materials.

o Installation of the standby generator system, including integration into the building’s existing power system.

o Obtaining necessary mechanical and electrical permits and any other governmental approvals required to operate system.

o Commissioning and performance testing of the standby generator to satisfaction of the Owner.

o Provide a minimum 12-month warranty once the system has been commissioned – terms must be acceptable to the Owner.

o Generator must be properly functioning by November 30, 2026 with all required approvals and in a manner acceptable to the Owner.

ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 2.1 The date of commencement of the Work shall be:

(Check one of the following boxes.)

[« »] The date of this Agreement.

[«X»] A date set forth in a notice to proceed issued by the Owner.

[« »] Established as follows:

(Insert a date or a means to determine the date of commencement of the Work.)

If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement.

AIA Document A104 – 2017 Exhibit A. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007, and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:44:38 ET on 02/04/2025 under Order No.2114513770 which expires on 04/13/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

§ 2.2 The Contract Time shall be measured from the date of commencement.

§ 2.3 Substantial Completion § 2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:

(Check the appropriate box and complete the necessary information.)

[ ] Not later than ( ) calendar days from the date of commencement of the Work.

[X] By the following date: November 30, 2026.

§ 2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work Substantial Completion Date Not Applicable

§ 2.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 2.3, liquidated damages, if any, shall be assessed as set forth in Section 3.5.

ARTICLE 3 CONTRACT SUM

§ 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract.

TheThere are two parts to the Contract Sum: (a) design services; and (b) construction of the improvements. The portion of the Contract Sum relating to the required design services will be charged on an hourly basis in addition to the cost of providing a permit and as-built documents. The portion of the Contract Sum relating to construction of the improvements shall be one of the following as indicated below:

(Check the appropriate box.)

[ « X » ] Stipulated Sum, in accordance with Section 3.2 below

[ « » ] Cost of the Work plus the Contractor’s Fee, in accordance with Section 3.3 below.

[ «» ] Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below

(Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.)

§ 3.2 The Stipulated Sum shall be INSERT ($ INSERT ), subject to additions and deductions as provided in the Contract Documents.

§ 3.2.1 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:

(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

TBD

§ 3.2.2 Unit prices, if any: TBD (Identify the item and state the unit price and the quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

AIA Document A104 – 2017 Exhibit A. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007, and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:44:38 ET on 02/04/2025 under Order No.2114513770 which expires on 04/13/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

§ 3.2.3 Allowances, if any, included in the stipulated sum: TBD (Identify each allowance.)

Item Price

§ 3.3 Cost of the Work Plus Contractor’s Fee [DELETED BY AGREEMENT OF THE PARTIES] § 3.3.1 The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work.

§ 3.3.2 The Contractor’s Fee:

(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee and the method of adjustment to the Fee for changes in the Work.)

§ 3.4 Cost of the Work Plus Contractor’s Fee With a Guaranteed Maximum Price [DELETED BY AGREEMENT OF THE PARTIES] § 3.4.1 The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work.

§ 3.4.2 The Contractor’s Fee:

(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee and the method of adjustment to the Fee for changes in the Work.)

§ 3.4.3 Guaranteed Maximum Price § 3.4.3.1 The sum of the Cost of the Work and the Contractor’s Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.

(Insert specific provisions if the Contractor is to participate in any savings.)

§ 3.4.3.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:

(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

§ 3.4.3.3 Unit Prices, if any:

(Identify the item and state the unit price and the quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 3.4.3.4 Allowances, if any, included in the Guaranteed Maximum Price:

(Identify each allowance.)

Item Price

§ 3.4.3.5 Assumptions, if any, on which the Guaranteed Maximum Price is based:

§ 3.4.3.6 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order.

§ 3.4.3.7 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions contained in Section 3.4.3.5. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions contained in Section 3.4.3.5 and the revised Contract Documents.

§ 3.5 Liquidated damages, if any:

(Insert terms and conditions for liquidated damages, if any.)

AIA Document A104 – 2017 Exhibit A. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007, and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:44:38 ET on 02/04/2025 under Order No.2114513770 which expires on 04/13/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

ARTICLE 4 PAYMENT

§ 4.1 Progress Payments § 4.1.1 Based upon Applications for Payment submitted to the ArchitectOwner by the Contractor and Certificates for Payment or a written approval issued by the ArchitectOwner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. Applications for Payment must include sworn statements, lien waivers, documents reasonably required by the Owner, and documents required by applicable law (collectively, “Supporting Documents”).

§ 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 4.1.3 Provided that an Application for Payment together with Supporting Documents is received by the Architect notOwner no later than the 25th day of a month, the Owner shall make payment of the certified or approved amount to the Contractor not later than the 30th day of the next month. If an Application for Payment istogether with Supporting Documents are received by the ArchitectOwner after the date fixed above, payment shall be made by the Owner not later than twenty-five (25) days after the ArchitectOwner receives the Application for Payment.

(Federal, state or local laws may require payment within a certain period of time.)

§ 4.1.4 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold retainage from the payment otherwise due as followssubject to the following as provided in MCL § 125.1563:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment and any terms for reduction of retainage during the course of the Work. The amount of retainage may be limited by governing law.)

Except where greater retention is necessary pursuant to definite circumstances specifically provided for in the Agreement, the following schedule of retained amounts from progress payments shall be followed:

(a) Not more than 10% of the dollar value of all work in place until work is 50% in place.

(b) After the work is 50% in place, additional retainage shall not be withheld unless the Owner determines that the Contractor is not making satisfactory progress, or for other specific cause relating to the Contractor’s performance under the Contract. If the Owner so determines, the Owner may retain not more than 10% of the dollar value of work more than 50% in place.

(c) As provided under Michigan law, the retained funds shall not exceed the pro rata share of the Owner’s matching requirement under the construction contract and shall not be commingled with other funds of the Owner and shall be deposited in an interest bearing account in a regulated financial institution in this state wherein all such retained funds are kept by the Owner which shall account for both retainage and interest on each construction contract separately. The Owner is not required to deposit retained funds in an interest bearing account if the retained funds are to be provided under a state or federal grant and the retained funds have not been paid to the Owner.

(d) Except as provided in the Agreement, retainage and interest earned on retainage shall be released to the Contractor together with the final progress payment.

(e) At any time after 94% of work under the Agreement is in place and at the request of the original Contractor, the Owner shall release the retainage plus interest to the original Contractor only if the original Contractor provides to the Owner an irrevocable letter of credit in the amount of the retainage plus interest, issued by a bank authorized to do business in this state, containing terms mutually acceptable to the Contractor and the Owner.

§ 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

(Insert rate of interest agreed upon, if any.)

«Six percent (6%) per annum.»

AIA Document A104 – 2017 Exhibit A. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007, and 2017. All rights reserved.