Romulus CS Bid Package B - IFB Project Manual 20260306.pdf
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- Attached to
- Bid Package B State and local contract opportunity
- Solicitation number
- RFP ROM 260000001432 2
- Issued by
- Wayne County, Michigan
About this file
Bid Package B - Romulus High School Site Rehabilitation Project Summary
This is an Invitation for Bid (IFB) document prepared by Priority Engineering, LLC for Romulus Community Schools' 2026 Sinking Fund Site Rehabilitation Program in Romulus, Wayne County, Michigan. The project encompasses pavement repairs and miscellaneous site improvements at Romulus High School, including asphalt milling and overlay, concrete sidewalk and ramp installation, crack sealing, seal coating, pavement markings, lawn restoration, and utility structure adjustments. A non-mandatory pre-bid meeting is scheduled for March 17, 2026, at 1:00 PM at the District Administrative office. Bidder questions are due by March 19, 2026, at 2:00 PM, with responses provided by March 23, 2026, at 5:00 PM. Sealed bids are due March 27, 2026, at 2:00 PM, submitted electronically to the Owner's Representative (Jason Perkins, Director of Operations) and copied to the Engineer (Anthony Thomas, Priority Engineering, LLC). The proposed start date is early June 2026, with an estimated completion timeframe of eight to ten weeks. Bids must remain firm for ninety days following the bid due date.
The project requires submission of a base bid with unit price details for approximately twenty-three line items covering demolition, site preparation, asphalt and concrete paving, drainage structures, and restoration work. Two alternate bids are offered: one for complete parking lot reconstruction instead of mill and overlay, and one for reinforcing fibers for HMA wearing course. Bidders must demonstrate MDOT prequalification or minimum five years of experience with similar K12 projects and provide three reference projects. A performance bond and payment bond, each at one hundred percent of the contract sum, are required per MCL 129.201. All bids must include applicable taxes, permits, and construction assessments. The contract uses AIA Document A101-2017 as the agreement form with AIA A201-2017 General Conditions of Construction. Insurance requirements include one million dollars general liability coverage, one million dollars automobile liability, and workers' compensation at statutory limits. Contractor retainage is set at ten percent, with final payment due within thirty days of the final certificate.
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BID PACKAGE B – ROMULUS HIGH SCHOOL
PROJECT MANUAL
ROMULUS COMMUNITY SCHOOLS
2026 SINKING FUND SITE REHABILITATION PROGRAM
ISSUED FOR BID:
MARCH 9, 2026
Prepared by:
Priority Engineering, LLC
950 Selden Street
Detroit, Michigan 48201
PE Project No.: Project No. 25-0140
Prepared On: March 9, 2026
TABLE OF CONTENTS
00 2113 Instruction to Bidders
00 4113 Bid Form
00 5215 Owner and Contractor Agreement
01 3300 Submittal Procedures
02 32200 Geotechnical and Pavement Data
TECHNICAL SPECIFICATIONS
01 5000 Traffic Control and Construction Phasing
31 1000 Site Clearing and Demolition
31 2000 Earth Moving
32 1116 Asphalt Pulverized Base
32 0116.01 Cold Planing Milling
32 0117.16 Crack Sealing
32 1123 Aggregate, Subbase and Base Courses
32 1216 Asphalt Paving
32 1216.10 Reinforcing Fibers for Asphalt (SPECIAL PROVISION)
31 1217 Asphalt Patching
32 1236 Seal Coat
32 1313 Concrete Paving
32 1723 Pavement Markings
32 9200 Lawn Restoration
33 0131 Structure Adjustment
33 0513 Manholes and Structures
33 4100 Storm Sewer Piping
33 4600 Edgedrains and Underdrains
00 2113 INSTRUCTIONS TO BIDDERS
1.1 SUMMARY
A. Instruction to Bidders.
B. Related Documents:
1. 004113- Bid Form.
C. Bids shall be based only on the materials, construction, and equipment named or described in the Bid
Documents.
1.2 PRE-BID MEETING and BID SUBMISSION
A. A Non-Mandatory pre-bid meeting will be held at the District Administrative office on March 17, 2026, 1 pm.
At that time, bidders will have an opportunity to obtain further information regarding the project and schedule. Meeting minutes from the non-mandatory pre-bid meeting will be distributed to plan holders.
B. Bidder’s questions will be due to the Engineer March 19, 2026 by 2 pm (emailed). Responses, if required will be emailed as an addendum to bidders on March 23, 2026, 5pm.
C. Submit the Section 00 41 13- Bid Form and other requested documents: March 27, 2026 2:00 pm. All documents to be submitted in electronic format to the following project representatives:
Owner’s Representative
Mr. Jason Perkins
Director of Operations
Romulus Community Schools
Email: jdperkins@romulusk12.org
Copy the Engineer on all bids to:
Mr. Anthony Thomas, PE Priority Engineering, LLC
Email: thomas@priority-eng.com
D. Bids submitted after the above time will not be considered.
E. All bids will be in full conformity with the Drawings and Specifications.
F. The Owner reserves the right to reject any and all bids and to award the Contract to other than the low bidder, and to waive irregularities and/or formalities. The owner may select any or all portions of the contract.
G. Bidders may withdraw their Bid by written request before the above due date.
H. All bids shall include all applicable taxes, including social security, unemployment and sales or use taxes, and any other taxes specifically levied on the work or on wages by local, city, state or federal government, except real property taxes on the site. Proposals shall also include all premiums, construction permits, assessments, and other like payments, charges, and costs incidental to the work covered by the contract documents.
1.3 Bids are to be firm and cannot be withdrawn for a period of 90 days after the bid due date.
1.4 WORK IDENTIFIED IN CONTRACT DOCUMENTS
A. Work of this proposed Contract comprises pavement repairs and other miscellaneous site improvements.
B. The project is located at:
1. Romulus High School
1.5 CONSTRUCTION SCHEDULE
A. The proposed start date shall be: TBD (Targeting early June 2026, to be determined by Owner).
B. The proposed completion date shall be: Estimated at 8 to 10 weeks following start of work.
C. Bidders shall submit a construction schedule with their bid indicating the above schedule can be met. The owner shall review and acknowledge the contractor's construction schedule.
D. Work shall begin when authorized by Owner to proceed.
E. Should the work not be complete or, in the Owner's sole judgment, if the work does not show sufficient progress to complete the project by the accepted construction completion date the Contract may be terminated in accordance with the General Conditions.
1.6 CONTRACT DOCUMENTS IDENTIFICATION
A. Contract Documents are identified as project Drawings and Specifications prepared by:
Priority Engineering, LLC
Issued Date: March 5, 2026 – Issued for Bid
PE Project No. 25-0140.
1.7 AVAILABILITY OF DOCUMENTS
A. Electronic copies of the Contract Documents will be posted to the Sigma Bid for Michigan website.
B. Hard copies of the Contract Documents WILL NOT be provided.
1.8 CHANGES IN WORK
A. The bidder shall state, in the Bid Form, the charges, expressed as percentages of the cost or for unit pricing work where identified, for changes in the work, when done by their organization under the contract. Fees shall include all charges for supervision, on-site superintendence, premium time pay, overhead and profit and all other charges to complete the work.
1.9 EXAMINATION OF DOCUMENTS AND SITE
A. Bidders will familiarize themselves with the project documents. No changes will be allowed to the
Contractor’s bid due to Contractor’s oversight of project documents.
B. Bidders will visit and review the site conditions as scheduled during the non-mandatory pre-bid meeting. Should a bidder elect not to attend the pre bid meeting, the bidder MUST contact the
Owner’s Representative to schedule a site visit.
C. Each bidder shall be held to have compared the premises with the drawings and specifications and to have satisfied himself as to the conditions of the premises, existing obstructions, and any other conditions affecting the carrying out of the work before delivery of his proposal. Submission of a Bid Form and all other supporting documentation implies that bidder is conversant with all site conditions under which the work must be conducted.
D. No allowance or extra cost consideration on behalf of the Contractor will subsequently be allowed by reason of error or oversight on the part on the Contractor, or on account of interference by the
Owner, or by other Contractor's activities.
E. Contractor will be responsible to suitably fix all utilities and site amenities either struck or damaged by the Contractor, or his subcontractors, as apart of this project. The Contractor shall be responsible to pay all fees and to manage the repair / replacement of identified items to the satisfaction of the Owner.
1.10 INQUIRIES AND ADDENDA
A. Direct questions in writing to the ENGINEER and copy to the Owner’s Representative, and if explanations are necessary, a reply will be made in the form of an addendum, a copy of which will be forwarded to each bid plan set holder through the Sigma system.
B. Submit questions no later than 2:00 pm March 19, 2026. If required, a bid addendum will be issued no later than March 23, 2026. Questions received after the stated deadline will not be addressed.
C. Neither the Owner and/or the Owner's representative will give verbal answers to inquiries regarding the meaning of the drawings or specifications, or give verbal instructions previous to award of the contract. Any verbal statements regarding same by any person, previous to award, shall be unauthorized.
1.11 ADDENDA
A. Addenda issued to bidders prior to date of receipt of proposals shall become part of the contract documents, and proposals shall include the work described. The bidder shall note receipt of addenda in the designated section on the bid form.
1.12 BIDDER QUALIFICATIONS
A. The Contractor performing the work shall be MDOT prequalified in the proposed tasks OR have a minimum of five years of experience with projects of similar construction, cost of work, and K12 ownership and should be able to provide reference projects if requested. The Owner reserves the right to waive any irregularities in proposer's submission.
1.13 VOLUNTARY ALTERNATES
A. Voluntary alternates may be submitted only in modifications or addition to the proposed project documents. Suggested Voluntary alternates will be given due consideration, however, are subject to review and modification by the Owner and Engineer.
1.14 TAXES
A. All proposals in original contract work, and for all other work thereunder, shall include all applicable taxes, including social security, unemployment and sales or use taxes, and any other taxes specifically levied on the work or on wages by local, city, state or federal government, except real property taxes on the site. Proposals shall also include all premiums, construction permits, assessments, and other like payments, charges, and costs incidental to the work covered by the contract documents.
END OF DOCUMENT
00 4113 BID FORM
NAME OF BIDDER: SUPPLIER CODE:
STREET ADDRESS:
CITY: STATE: ZIP:
TELEPHONE: EMAIL:
CONTACT: DATE:
TITLE: SIGNATURE:
1.15 OFFER
Having examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by the Engineer for the referenced Project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the FEE of:
Package B – 2026 Sinking Fund Site Improvements -Romulus High School
Base Bid Offer: Scope of work as depicted on the project drawings and project manual and all other work as required to provide a complete project.
Dollars ($ ) (Written) (Numerical)
Which shall be called the base bid. Said sum to be subject to all of the terms of the contract and to include all money allowances called for in the specifications applicable thereto. The Owner reserves the right to accept all, any combination, or none of the parts.
ALTERNATE Bid Offer:
Romulus High School Alternate 1: In Lieu of 2-inch depth mill and overlay, perform complete reconstruction of parking lot (4” HMA over 8” Aggregate base) (Est. 10,625 sf)
ADD / DEDUCT Dollars ($ )
Romulus High School Alternate 2: Include Reinforcing Fibers for HMA Wearing Course only per Special
Provision Section 32 1216.10 Reinforcing Fibers for Asphalt.
ADD / DEDUCT Dollars ($ )
Which shall be called the alternates. Said sum to be added or subtracted to the base bid amount and to include all money allowances called for in the specifications applicable thereto.
BASE BID PRICING DETAILS – ROMULUS HIGH SCHOOL
Item Description Est.
Quantity
Unit Unit Price Extension
1000 Sawcut and Remove HMA Pavement/Base Full Depth 9,870 SF
1001 Mill Ex. HMA Pavement 2 inches (SD Installation) - Prepare for Overlay 20,500 SF
1002 Mill Ex. HMA Pavement 2 inches (HD Installation) - Prepare for Overlay 10,260 SF
1003 Sawcut and Remove Sidewalk / ADA Ramps 1,210 SF
1004 Sawcut and Remove Curb and Gutter (HMA Rem. To be included) 280 LF
1005 Sawcut and Remove HMA Pavement. Rem. Ex. Base to accommodate
Proposed HMA Pavement
9,780 SF
2000 Install - Wayne CO. ROW 9" Sidewalk Installation 120 SF
2001 Insall - Wayne Co. ROW - Install PCC Approach 1,005 SF
2002 Partial Depth Storm Structure Maintenance 6 EA
2003 Install - 4" Thick Sidewalk 815 SF
2004 Install - ADA Ramp Installation (Truncated Dome Insert) 6 EA
2005 Install - 8" Thick Sidewalk (8" PCC @ Delivery dock area) 265 SF
2006 Install Concrete Curb and Gutter (HMA Repair to be included) 280 LF
2007 Install 2" HMA Overlay (SD Pavement Section) 20,500 SF
Allowance: HMA Partial Depth Repair SD Installation (Average 2" to 2.5"
4E1)(Post Milling)
5,000 SF
2009 Install 2" HMA Overlay (HD Pavement Section) 14,720 SF
Allowance: HMA Partial Depth Repair HD Installation (Average 3" to 3.5" 4E1)
(Post Milling)
4,000 SF
2011 Full HMA SD Patch (Prepare Ex. Aggregate Base to Remain) 480 SF
2012 Full HMA HD Patch (Prepare Ex. Aggregate Base to Remain) 9,395 SF
2013 Full HMA HD Reconstruct (5" HMA / 10" 21AA CLS) 9,885 SF
2014 Install HMA Speed Hump 2 EA
2015 Wide Crack Repair (EST. 1,625 lf) 4,875 SF
2016 Crack Seal 154,030 SF
2017 Seal Coat 154,030 SF
2018 Install Striping and Signage 1 LS
2019 Site Restoration 1 LS
3000 Wayne Road ROW - Traffic Maintenance and Control (Wayne Co. RC REQ.) 1 LS
3001 On-Site Traffic Maintenance and Control 1 LS
3002 Soil Erosion and Sedimentation Control 1 LS
3003 Site Restoration 1 LS
3004 Permits and Inspection Fee Allowance 1 Allow $ 25,000.00 $ 25,000.00
3005 Mobilization Max 5% 1 LS
TOTAL:
GENERAL CONDITIONS
REMOVAL BID Quantities installation BID Quantities
1.16 CONTINGENCY ALLOWANCES (Will not be included in Contract lump sum fees. To be utilized as identified by the Owner or Engineer)
Work Item Est.
Qty.
Unit
Unit
Price Extension
Undercut 12 inches of existing grade and backfill with MDOT 21AA crushed limestone as marked by Engineer, Dispose of Spoils off-site (as a result of proofroll).
500 SY
Undercut 12 inches of existing grade and backfill with salvaged base materials as marked by
Engineer, Dispose of Spoils off-site (as a result of proofroll).
500 SY
Perform Additional Full Depth Heavy Duty HMA
Patching (up to 5 inches in thickness) to include sawcutting, removal, disposal and installation of
HEAVY DUTY HMA PATCH (per Detail)
300 SY
Perform Additional Full Depth Standard Duty
HMA Patching (up to 4 inches in thickness) to include sawcutting, removal, disposal and installation of STANDARD DUTY HMA PATCH (per
Detail)
300 SY
Full Depth reconstruction of existing catch basin structures if conditions deem necessary.
Contact Owner’s Representative.
5 EA
Partial Depth reconstruction of existing catch basin structures if conditions deem necessary.
Contact Owner’s Representative.
5 EA
1.17 ADDENDA
The following addenda covering changes in the work have been received during the bidding period. The work described therein has been included in this proposal.
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
1.18 SUBSTITUTIONS
The undersigned states that the above proposal is based on the various brands, makes, manufacturers and standards of materials and equipment specified; and unless substitutions are authorized by addenda prior to award of Contract, the undersigned agrees to use materials and equipment as specified. Voluntary substitutions will be considered evaluated by the owner and engineer. The Owner reserves the right to reject any voluntary substitutions.
1.19 SUBCONTRACTORS
Provide a list of subcontractors and the work they will perform.
1.20 SCHEDULE OF VALUES
The undersigned will submit for approval, in 15 days, if requested by Owner, a Schedule of
Values, including a list of proposed subcontractors, the amounts of their subcontracts and the fee each subcontractor intends to apply to contract changes. If a subcontract exists between the first level subcontractor and another subcontractor (second level) or between a second level contractor and another subcontractor (third level), the fee that each intends to charge for extras must also be stated The undersigned agrees in every way to be responsible for the Work, material, equipment, and supplies furnished by each subcontractor.
The fee stated in the Schedule of Values by the undersigned and those stated for each subcontractor listed above by the undersigned shall include all costs for on-site superintendence, supervision, overhead and profit.
1.21 CONSTRUCTION SCHEDULE
The Bidder shall submit a schedule for each part of the proposed work based on the proposed start and completion date identified in Section 002113 - Instruction to Bidders.
1.22 ACCEPTANCE OF PROPOSAL
The undersigned agrees to execute a contract providing notification of the acceptance within 10 calendar days after formal notice of award.
The undersigned has carefully examined the bidding and contract documents, including the instructions to bidders, general conditions of the contract, special conditions, specifications, drawings and any and all addenda issued, and agrees to be bound by all requirements thereof in the submission of this proposal, and in the performance of the contract if awarded to him on this proposal.
1.23 UNIT PRICE PROPOSAL BREAKDOWN
This is a LUMP SUM firm price contract. However, the Owner reserves the right to delete or to add work items during the term of this contract. The undersigned proposes the following unit prices for the base bid and for authorized changes in or additions to the base bid work. Said unit prices shall include all charges for incidental expenses or items necessary to complete the work shown on the project drawings or detailed in the project specifications, supervision, insurance, taxes, overhead and profit.
Progress payments will be based on the number of units completed during the pay period and corresponding unit prices as listed herein. Draft pay applications shall be submitted to the
Engineer for review and concurrence prior to submission to the Owner for payment.
The quantities provided in each of the following items are intended to provide the Bidder/Contractor with an estimate of the work. They are not meant to be the exact quantities as measured in the field or estimated from the project drawings. It is the responsibility of the Bidder/Contractor to verify these quantities and to bring any differences in the quantities shown below and the actual quantities to the attention of the Engineer/Owner prior to proceeding with the Work. No adjustment to the LUMP SUM BASE BID or ALTERNATE PRICES will be allowed due to error occurring in the estimation of the quantities.
END OF SECTION
BID SUBMISSION DOCUMENTS
(submit the following documents with bid form)
• CONTRACTOR QUALIFICATIONS FORM
• AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT
Michigan Public Act No. 517 of 2012
• FAMILIAL RELATIONSHIP DISCLOSURE FORM
Michigan Public Act No. 232 of 2004
• Other documents bidder that are beneficial to Owner Review
2026 Sinking Fund Site Rehabilitation Program PE Project No. 25-0140
Romulus Community Schools, Romulus, Wayne County, Michigan
CONTRACTOR QUALIFICATIONS FORM
1. Number of years your organization has been in business as a General Contractor/Construction
Manager.
2. Number of years your organization has been business under its present name.
3. List other or former names under which your organization has operated.
4. Minimum Experience — at least three (3) comparable projects of similar type, scope, size and cost, with customer reference.
REFERENCE #1
Project Name:
Location:
COST:
Year:
Contact Name: Title:
Phone: Email:
REFERENCE #2
REFERENCE #3
COSt:
AFFIDAVIT OF COMPLIANCE — IRAN ECONOMIC SANCTIONS ACT
Michigan Public Act No. 517 of 2012
The undersigned, the owner or authorized officer of the below named contractor (the “Contractor”), pursuant to the compliance certification requirement provided in this Request For Proposal (the “RFP”) issued by Romulus Community Schools, hereby certifies, represents and warrants that the Contractor
(including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event
Contractor is awarded a contract as a result of the aforementioned RFP, the Contractor will not become an “Iran linked business” at any time during the course of performing the Work or any services under the contract.
The Contractor further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which tne false certification was made, whichever is greater, the cost of the School District's investigation, and reasonable attorney fees, in addition to a fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a Romulus Community Schools request for proposal for three (3) years from the date it is determined that the person has submitted the false certification.
CONTRACTOR:
Name of Contractor
STATE OF
)ss.
COUNTY OF
By:
Its:
Date:
This instrument was acknowledged before me on the day of , 20 , by
, Notary Public
County, My Commission Expires:
Acting in the County of :
FAMILIAL RELATIONSHIP DISCLOSURE FORM
Michigan Public Act No. 232 of 2004
This form MUST BE NOTARIZED as a condition of being awarded business by Romulus Community Schools.
I, the undersigned, being first duly sworn, depose and say; and my signature certifies, that there are no
Owners, Principals, Officers, Agents, Employees, or Representatives of this firm that have any familial relationships with any members of the Romulus Community Schools Board, or its Superintendent, unless specifically noted below:
School Board Members
Porsche Laster, President
Ursala Rogers, Secretary
Judy Kennard, Treasurer
Darcel Davis Trustee
Monifa Kammal, Trustee
Debi Pyles, Trustee
Antoine Jackson, Trustee
Superintendent
Dr. Benjamin P. Edmondson
The following familial relationship is disclosed:
CONTRACTOR:
Name of Contractor
STATE OF )
)ss.
COUNTY OF
By: Its: Date:
This instrument was acknowledged before me on the day of , 20 , by
, Notary Public
County, My Commission Expires:
Acting in the County of :
00 5215 OWNER AND CONTRACTOR AGREEMENT
• AIA DOCUMENT A101-2017-DRAFT
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
• AIA DOCUMENT A101-2017-DRAFT
EXHIBIT A INSURANCE & BONDS
• AIA A201 – 2017-DRAFT
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
AIA
Document A101TM – 2017
Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum
AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at
08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.
User Notes: (3B9ADA18)
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.
The parties should complete
A101™–2017, Exhibit A, Insurance and Bonds, contemporaneously with this
Agreement. AIA Document
A201™–2017, General
Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.
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 « ____ » day of « _______________ » in the year « 20___ » (In words, indicate day, month and year.)
BETWEEN the Owner:
(Name, legal status, address and other information)
36540 Grant Street Romulus, Michigan 48174 and the Contractor:
for the following Project:
(Name, location and detailed description)
Romulus Community Schools, 2026 sinking fund site rehabilitation project, in accordance with the Owner-approved plans and specifications, relevant election ballot language, all applicable laws, the Owner’s fixed budget, and as otherwise approved by the Owner.
The Architect/Engineer:
Priority Engineering LLC 950 Selden Street Detroit, Michigan 48201 Phone: 586.855.0792
The Owner and Contractor agree as follows.
AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at
08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
EXHIBIT A INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, bid specifications and Owner-accepted portions of bid responses, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Without reducing or eliminating any specific duties of the Contractor set forth in the Contract Documents or required by law, the Contractor’s work shall at all times minimally comply with the industry standard for the type of work described.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be:
(Check one of the following boxes.)
[ « » ] The date of this Agreement.
[ « » ] A date set forth in a notice to proceed issued by the Owner.
[ « X » ] Established as follows:
(Insert a date or a means to determine the date of commencement of the Work.)
«____________, 20__ »
If a date of commencement of the Work is not selected or is blank, then the date of commencement shall be the date of this Agreement.
§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.
§ 3.3 Substantial Completion
AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at
08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.
§ 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:
(Check one of the following boxes and complete the necessary information.)
[ « » ] Not later than « » ( « » ) calendar days from the date of commencement of the Work.
[ « X » ] By the following date: « _______________ »
§ 3.3.2 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
§ 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.
§ 3.4 Time of the Essence. Notwithstanding the fact that the Contract Time may be extended as approved by the Owner and Architect in accordance with the Contract Documents, time is of the essence for this contract, and the Contractor shall begin work as directed by the Architect, shall furnish sufficient materials, and shall furnish a sufficient number of properly skilled workers so as not to delay its work, the work of any other contractor, or the completion of the Project.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be « _____________________ Dollars » ($ « __________ » ), subject to additions and deductions as provided in the Contract Documents.
§ 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum:
Item Price
§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner in writing following execution of this Agreement. Upon the Owner’s written acceptance, the Owner accepted alternative shall issue constitute a Modification to this Agreement.
(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)
Item Price Conditions for Acceptance
§ 4.3 Allowances, if any, included in the Contract Sum:
(Identify each allowance.)
Item Price
§ 4.4 Unit prices, if any:
(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price per Unit ($0.00)
§ 4.5 Liquidated damages, if any:
AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at
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(Insert terms and conditions for liquidated damages, if any.)
§ 4.6 Other:
(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)
ARTICLE 5 PAYMENTS
§ 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.
§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:.
§ 5.1.3 The Contractor shall submit Applications for Payment as set forth in the Contract Documents. Provided that the Architect-certifiedan Application for Payment is received by the Architect Owner not later than the « last » day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the « last » day of the « following » month, unless and to the extent the Owner disputes the propriety of the payment, the services performed, or the amount certified in good faith. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than « » ( « » ) days after the Architect receives the Application for Payment. The Owner shall have no obligation to pay the Contractor in the absence of the Owner’s receipt of an Architect-certified Application for Payment.
(Federal, state or local laws may require payment within a certain period of time.)
§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. The Contractor's failure to provide a schedule of values, or to timely update it as Work progresses, shall be a substantial breach of this Agreement.
§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.
§ 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction as modified, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:
§ 5.1.6.1 The amount of each progress payment shall first include:
.1 That portion of the Contract Sum properly allocable to completed Work;
.2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and
.3 That portion of Construction Change Directives that the Architect Owner determines, after advice and consent from the Architect in the Architect’s professional judgment, to be reasonably justified.
§ 5.1.6.2 The amount of each progress payment shall then be reduced by:
.1 The aggregate of any amounts previously paid by the Owner;
.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld or not certified a Certificate for Payment as provided in Article 9 of AIA Document A201– 2017;
AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at
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.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay;
.4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, refuse to certify in the Certificate of Payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017;
and
.5 Any amount for which the Owner may withhold payment; and
.6 Retainage withheld pursuant to Section 5.1.7.
§ 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due:
(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.)
« Ten percent (10%) »
§ 5.1.7.1.1 The following items are not subject to retainage:
(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)
« Not applicable. All payments due Contractor are subject to retainage. »
§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:
(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.)
« Any reduction in the retainage of this Agreement shall be in the sole discretion of the Owner, and the Owner reserves the right to restore the retainage to its full contract amount in the event the Owner believes the retainage restoration is desirable. »
§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Final Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Final Completion shall not include retainage as follows:
(Insert any other conditions for release of retainage upon Substantial Completion.)
« Damages and expenses incurred by the Owner due to the Contractor’s negligence or its breach of this Agreement and, in addition to other remedies available to the Owner, retainage may be used to pay such damages and expenses.
§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017. The Owner may withhold amounts from any progress payment as a setoff or recoupment for damages or losses incurred due to the Contractor’s negligent acts or omissions or the Contractor’s failure to perform under the requirements of the Contract Documents. Such withheld amounts shall not constitute retainage.
§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.
§ 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when
.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017 as modified, and to satisfy other requirements, if any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by the Architect.
AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at
08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.
§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows:
§ 5.2.3 Amounts withheld from the final payment to cover any incomplete work are not considered retainage and shall not be paid to the Contractor until the work is actually completed and accepted. Such withholdings shall not be less than 150% of the estimated cost to complete the work.
§ 5.3 Interest Payments due and unpaid under the Contract shall bear no 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.)
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.
(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)
§ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017 as modified, the method of binding dispute resolution shall be as follows:
(Check the appropriate box.)
[ « » ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017
[ « X » ] Litigation in a court of competent jurisdiction
[ « » ] Other (Specify)
If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017 as modified.
§ 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows:
(Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.)
AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at
08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.
§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017 as modified.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 as modified or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
§ 8.2 The Owner’s representatives:
(Name, address, email address, and other information)
Benjamin Edmondson, Superintendent Jason Perkins, Director of Operations Romulus Community Schools 36540 Grant Street» Romulus, MI 48174
§ 8.3 The Contractor’s representative:
(Name, address, email address, and other information)
§ 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party.
§ 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™– 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents.
§ 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, as set forth and elsewhere in the Contract Documents, and as required by MCL 129.201, et seq..
§ 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below:
(If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.)
§ 8.7 Other provisions:
8.7.1 In the event of mediation or dispute hearing, including litigation or arbitration, arising out of or relating to this Agreement, the Owner reserves the right to require that it be conducted in the general area where the Owner’s principal place of business or main administrative office is located. Any mediation with respect to this Agreement shall be non-binding.
§ 8.7.2 The Owner reserves the right in its discretion to require consolidation or joinder of any dispute arising out of or relating to this Agreement with another dispute involving a person or entity not a party to this
AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at
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Agreement, in the event the Owner believes such consolidation or joinder is necessary in order to resolve a dispute or avoid duplication of time, expense or effort.
§ 8.7.3 In the event the Owner is involved in a dispute which is not subject to arbitration or mediation involving a person or entity not a party to this Agreement, the arbitration and/or mediation provisions of this Agreement shall be deemed to be void and nonexistent in the event the Owner, in its discretion, determines the Contractor should become a party to that dispute by joinder or otherwise.
§ 8.7.4 The Contractor shall include similar dispute resolution provisions in all agreements with subcontractors, sub-consultants, suppliers, or fabricators so retained, thereby providing for a consistent method of dispute resolution between the parties to those agreements.
§ 8.7.5 In the event of any inconsistency between this Agreement and AIA Document A201–2017 Edition, General
Conditions of the Contract for Construction, applicable for this Agreement, as modified by the Owner (the “General Conditions”), the terms of this Agreement shall govern.
§ 8.7.6 Notwithstanding any provisions within the Contract Documents , nothing shall be deemed a waiver of any immunity granted to Owner by law or statute, including but not necessarily limited to, governmental immunity under MCL 691.1407.
§ 8.7.7 The Owner, being a governmental unit, is protected by the Michigan Void Construction Contracts Act, MCL 691.991.
§ 8.7.8 The Contractor agrees that neither it nor its Subcontractors will discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to hire, tenure, conditions or privilege of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status. Breach of this covenant may be regarded as a material breach of this Agreement.
§ 8.7.9 All Contractor employees assigned to work under this Agreement may, at Owner’s discretion, be subject to a background check and clearance by the Owner. Failure to obtain such clearance from the Owner may result in mandatory dismissal from the Owner’s property and/or termination of the Agreement.
§ 8.7.10 The Contractor shall indemnify and hold harmless the Owner and its board members, officers, administrators, employees, and agents (“Indemnified Parties”) from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees arising out of, or resulting from, this Agreement or Contractor’s performance of the Work. The Contractor shall defend any and all suits brought against the Indemnified Parties by any party for damage to property and/or injury or death to persons claimed to have been caused by Contractor’s performance of the Work. In the event of any such injury, death, loss, damage, or claim (or notice of any claim related to same), Contractor shall immediately give written notice to Owner regarding same.
§ 8.7.11 Claims by the Owner arising under this Agreement shall be subject to the limitations periods defined in
Michigan law, except that in no event shall a claim by the Owner be deemed untimely if filed within six (6) years of final project completion. This provision is acknowledged to apply notwithstanding any other and shorter time frames contractually applicable to claims of the Contractor.
§ 8.7.12 The modifications made to the General Conditions by the Owner are hereby incorporated into this
Agreement. The Contractor may request a copy of the same.
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 This Agreement is comprised of the following documents:
.1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor, as modified
.2 AIA Document A101™–2017, Exhibit A, Insurance and Bonds, as modified
.3 AIA Document A201™–2017, General Conditions of the Contract for Construction as modified
AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at
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.4 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below:
(Insert the date of the E203-2013 incorporated into this Agreement.)
.5 Drawings
Number Title Date
.6 Specifications
Section Title Date Pages
.7 Addenda, if any:
Number Date Pages
Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in Article 1 or this Article 9.
.8 Other Exhibits:
(Check all boxes that apply and include appropriate information identifying the exhibit where required.)
[ « » ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:
(Insert the date of the E204-2017 incorporated into this…
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