MCRC Project No.:

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1 MCRC Project No.: MONROE COUNTY ROAD COMMISSION AGREEMENT DESIGN SERVICES FOR HIGH FRICTION SURFACE TREATMENT RESURFACING Sylvania Petersburg Road and Deerfield Road THIS AGREEMENT is made and entered into this day of August, 2015 by and between the BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF MONROE, Michigan, a municipal corporation, hereinafter called the "BOARD, and with offices at hereinafter called the "CONSULTANT". WITNESSETH: WHEREAS, the BOARD desires to engage the professional services and assistance of the CONSULTANT in undertaking the preparation of construction plans, specifications, documents and other related work, said work to be hereinafter referred to as the SERVICES required in connection with the construction of the following road improvements, said improvements to be hereinafter referred to as the PROJECT. HIGH FRICTION SURFACE TREATMENT RESURFACING Sylvania Petersburg Road and Deerfield Road Summerfield Township, Monroe County, Michigan; and WHEREAS, the CONSULTANT is a firm of Consulting Engineers, whose principals are licensed to practice in the State of Michigan as follows:, Professional Engineer, Reg. No.: WHEREAS, the BOARD has programmed the PROJECT with the Michigan Department of Transportation, hereinafter referred to as the MDOT, for construction with the use of SAFETY funds administered by the US Department of Transportation, Federal Highway Administration, hereinafter referred to as the FHWA ; and WHEREAS, the CONSULTANT is willing to render the SERVICES desired by the BOARD for consideration hereinafter expressed; and 1

2 WHEREAS, the parties hereto have reached an understanding as to the scope of the work and the performance of the SERVICES on the PROJECT and desire to set forth this understanding in the form of a written AGREEMENT; NOW, THEREFORE, in consideration of the mutual undertaking of the parties hereto and these premises, it is agreed that the CONSULTANT will prepare detailed construction plans for the PROJECT. SCOPE OF REQUIRED SERVICES: GENERAL: This scope of SERVICES involves all engineering design necessary to prepare a complete set of plans and specifications for the project which shall be approved and bid by MDOT for the BOARD. The work covered by this proposal will be completed under the direction of the BOARD s Engineering personnel assigned to this project. The CONSULTANT shall be the liaison between the BOARD and MDOT to ready the project for bidding, shall keep the BOARD informed of all developments with regard to the project and shall furnish the BOARD with copies of all reports, plans and correspondence prepared in conjunction with the project. SPECIFICATIONS: This agreement is generally in accordance with the CONSULTANT s Proposal for Professional Engineering Services submitted on August 19 th, Any inconsistencies and/or contradictions between this AGREEMENT and the Proposal submitted, the AGREEMENT shall govern. SERVICES shall include preparation of construction plans, specifications, documents and other related work and shall be designed in accordance with the current AASHTO, FHWA, MDOT and MDEQ design procedures and specifications as appropriate. This PROJECT will include the resurfacing of the approximately 0.75 miles of roadway using a High Friction Surface Treatment. DESIGN ENGINEERING AND PLAN DEVELOPMENT: 1. Prepare set of plans including a title sheet, typical sections, details, traffic control plans and details and provide special provisions, clauses and notices. Prepare special provisions, supplemental specifications, and detailed construction estimates. a. Provide details showing existing and proposed typical cross sections. b. Detour plan/traffic control plan, details and pay item quantities. c. Soil erosion and sedimentation control plan, details and pay item quantities (where appropriate.) 2. Plans shall be in english units and be prepared on 11 x17 standard size sheets acceptable to MDOT. The scale for the plans shall be 1 inch = 20 feet horizontal and 1 inch = 5 feet 2

3 vertical. We will accept.pdf format. 3. Prepare preliminary plans for the MDOT Grade Inspection with construction cost estimate prepared using the Michigan Engineers Resource Library (MERL). 4. Attend Grade Inspection Meeting with MDOT. 5. Advise BOARD of problems with geometrics, site distance, grade width, right of way, etc. 6. Advise the BOARD if additional right of way, drainage easements or temporary grading permits will be needed. 7. Provide all utilities with plans, advise the BOARD and utilities when conflicts exist and relocations are required. Schedule utility coordination meetings. 8. Supply to the BOARD a complete set of special provisions on disk and the drawings on a CD in AutoCAD 2008 format or as approved by the Board. Provide a design report including all quantity computations and design exceptions. 9. Upon completion of this agreement, all documents prepared by the CONSULTANT, including tracings, drawings, estimates, specifications, field notes, investigations, studies, computer files, etc., as instruments of SERVICE shall become the property of the BOARD. EXCEPTIONS: The BOARD will provide to the CONSULTANT the following: COMPLETION: 1. Traffic Counts 2. Traffic Accident Analysis 3. MDOT Programming Application 4. The Monroe County Road Commission will provide any old plan sheets pertaining to the improvement area. Information contained on these sheets has not been field verified and these plans should be used for informational purposes only. All plans are to be completed by the CONSULTANT and approved by the BOARD to meet scheduling within the MDOT Local Agency Programs Project Planning Guide with an acceptable GI package to MDOT on or before October 21, 2015 in order to meet a March 2016 Let date for the use of 2016 SAFETY funds. FOR AND IN CONSIDERATION of the SERVICES performed, as described herein and per the attached Proposal, the BOARD shall pay the CONSULTANT a lump sum fee, NOT TO EXCEED, XXXXX Dollars ($XX,XXX.00), payable as follows: Seventy (70%) percent due on completion of preliminary plans. Ninety (90%) percent due on completion of detailed plans, special provisions and cost estimates. 3

4 Remainder on completion of services. INSURANCE: The CONSULTANT shall secure and maintain such insurance as will protect self from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage, which may arise from the performance of SERVICES under this AGREEMENT, and shall also carry professional liability insurance. Limits of liability shall be as follows: General Liability: Bodily Injury Each Person $2,000,000 Each Occurrence $2,000,000 Aggregate $2,000,000 Property Damage Each Occurrence $2,000,000 Aggregate $2,000,000 Automobile Liability: Bodily Injury Each Person $2,000,000 Each Occurrence $2,000,000 Property Damage Each Occurrence $1,000,000 Aggregate $1,000,000 Professional Liability: $500,000 Valuable Papers: On Premises $50,000 Off Premises $5,000 Endorsements. - All insurance policies and binders shall include the following endorsements, verbatim: ADDITIONAL INSURED: The BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF MONROE, the Monroe County Road Commission and its officers, agents, and employees. Provide written notice ten (10) days prior to cancellation, expiration, termination or reduction in coverage for nonpayment of the premium and written notice thirty (30) days prior to cancellation, expiration, termination or reduction in coverage for all other reasons. IT IS FURTHER AGREED THAT: If major or substantial changes in the plans are required after the previous work pertaining thereto has been undertaken, or additional work is authorized by the BOARD, the BOARD agrees to reimburse the CONSULTANT for all work involved in such changes on the basis of the 4

5 CONSULTANT s actual payroll cost plus One Hundred Eighty (180%) Percent. Payroll cost is defined as only the actual hourly wages of employees engaged directly on the project, excluding the cost of fringe benefits. Should scope of work, as indicated under PROJECT, be substantially modified, the lump-sum fee shall be renegotiated. Should the BOARD decide to abandon or suspend the work after the SERVICES herein after described are partially completed, the CONSULTANT shall be paid for the proportion of SERVICES rendered up to the time of abandonment or suspension at the actual payroll cost plus One Hundred Eighty (180%) Percent for all work completed through the date that the work is suspended, but not more than the amounts specified elsewhere in this AGREEMENT. The Parties hereto bind themselves, their partners, successors, executors, and administrators to the other party, respectively, in regard to all the covenants of this AGREEMENT. IN WITNESS WHEREOF the Parties hereto have set their hands this day and year first abovementioned: WITNESS: By: Date: It s: MONROE COUNTY ROAD COMMISSION By: Date: Randy Pierce Managing Director On behalf of the BOARD as directed at the BOARD s meeting held August 24, G:\engineering\PROJECTS\ROADS\Sylvania-Petersburg Road\SYLVANIA-PETERSBURG, near Rauch Road - 3 Curves Project\CONTRACTS\Conslt\SAMPLE AGREEMENT