2007-15RESOLUTION NO. 2007 –15
A RESOLUTION APPROVING AN AGREEMENT FOR
DESIGN ENGINEERING SERVICES FOR THE 2008
VILLAGE WIDE CONTRACTUAL STREET MAINTENANCE
PROJECT
WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE desire to cause the implementation of the 2008 Village Wide Contractual
Street Maintenance Project; and,
WHEREAS, the approval of an agreement with a consulting engineer is required in order
to proceed with the necessary engineering of the project.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President and Clerk be, and
they are hereby authorized and directed to execute the "Village of Buffalo Grove Street
Improvements, Section 07- 00093- 00 -RS, Engineering Design Services Agreement ". A copy of
said contract is attached thereto and made a part thereof.
AYES: 5 – Braiman, Berman, Kahn, Trilling, Rubin
NAYES: 0 – None
ABSENT: 1 - Glover
PASSED: May 7 2007
APPROVED: May 7 2007
APPROVED:
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Village President
ATTEST:
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VILLAGE OF BUFFALO GROVE, ILLINOIS
2008 STREET IMPROVEMENTS
SECTION 07- 00093 -00 -RS
ENGINEERING DESIGN SERVICES
AGREEMENT
THIS AGREEMENT is made as of the day of 2007, by and between
the Village of Buffalo Grove, Illinois, hereinafter referred to as the LAGE, and Baxter &
Woodman, Inc., Consulting Engineers, an Illinois Business Corporation, hereinafter referred
to as the ENGINEERS, for engineering services in connection with the 2008 Street
Improvements, designated as Section 07- 00093- 00 -RS, Engineer's Project No. 070592.40,
hereinafter referred to as the PROJECT. Motor Fuel Tax funds, allotted to the VILLAGE by
the State of Illinois under the general supervision of the State Department of Transportation,
hereinafter referred to as the DEPARTMENT, will be used entirely or in part to finance
engineering services as described below.
N'ITNESSETH that in consideration of the mutual covenants herein, these parties
agree as follows:
SECTIONI. The ENGINEERS shall perform or be responsible for the performance
of the following engineering services for the PROJECT:
1.1 Utilize existing subdivision drawings or digital aerial photography supplied by
the VILLAGE as base sheets for the preparation of drawings. Streets to be included in the
Program are described in Exhibit A of this Agreement.
1.2 Make or cause to be made subsurface investigations and analysis thereof
required for the design of the proposed PROJECT in accordance with the current
requirements of the DEPARTMENT.
1.3 Review and analyze traffic studies and counts to be furnished by the VILLAGE
for those streets requiring a structural pavement design.
1.4 Prepare Plans, Special Provisions and Estimates of Cost. Five (5) copies of the
Plans, Special Provisions, Proposals and Estimate of Cost shall be furnished to the
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VILLAGE. Additional copies of any or all documents, if required, shall be furnished to the
VILLAGE by the ENGINEERS at their actual cost for reproduction.
1.5 Attend conferences to be held at the request of the VILLAGE for review and
evaluation of proposed improvements.
1.6 Provide documents for bidding and assist the VILLAGE in receiving and
evaluating bids, make recommendation to the VILLAGE for an award of a contract and
prepare final contract documents for approval by the VILLAGE and the DEPARTMENT.
SECTION 2 The VILLAGE agrees to appoint a Project Manager who shall be in
responsible charge and direct control of the PROJECT at all times. The Project Manager
will make available to the ENGINEERS all available reports, maps, traffic counts and data
pertaining to the proposed improvements.
SECTION3. The VILLAGE shall compensate the ENGINEERS for the professional
services enumerated in Section 1 hereof as follows:
3.1 A lump sum of $7,699 for profit only.
3.2 Reimbursement for all costs related to the direct salaries of employees for time
chargeable to the PROJECT necessary to fulfill the terms of this Agreement.
3.3 Reimbursement for overhead and/or indirect costs incurred in fulfilling the
terms of this Agreement.
3.4 Reimbursement for payroll burden and fringe costs, and direct non - salary costs
incurred in fulfilling the terms of this Agreement.
3.5 Travel and other out -of- pocket expenses will be reimbursed to the
ENGINEERS at their actual cost.
3.6 The maximum amount of the total fee payment under this Agreement as
determined in Subsections 3.1, 3.2, 3.3, 3.4 and 3.5, and in Exhibit F, shall be $66,400 unless
there is a substantial change in the scope, complexity, or character of the work.
3.7 The ENGINEERS may submit monthly statements for payment of services as
the PROJECT progresses.
3.8 Payments to the ENGINEERS shall be due and payable within forty -five (45)
consecutive calendar days from the date of the ENGINEERS' invoice to the VILLAGE.
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SECTION 4. The parties hereto further mutually agree:
4.1 The ENGINEERS shall proceed with the services under this Agreement
promptly after receiving the DEPARTMENT's approval and the VILLAGE's authorization
to proceed. This Agreement will be in effect through February 2008 or until such time as
terminated under Subsection 4.16 hereof.
4.2 All Reports, Plans, Plats and Special Provisions to be furnished by the
ENGINEERS pursuant to this Agreement will be in accordance with the current standard
specifications and policies of the DEPARTMENT, it being understood that all such Reports,
Plats, Plans and Drafts shall, before being finally accepted, be subject to approval by the
VILLAGE and said DEPARTMENT.
4.3 The basic survey notes and sketches, charts, computations and other data
prepared or obtained by the ENGINEERS pursuant to this Agreement will be made
available, upon request, to the VILLAGE or the DEPARTMENT without cost and without
restriction or limitations as to their use.
4.4 All plans and other documents furnished by the ENGINEERS pursuant to this
Agreement will be endorsed by them and will show their professional seal where such is
required by law.
4.5 The ENGINEERS will submit, upon request by the VILLAGE or the
DEPARTMENT, a list of the personnel and the equipment they propose to use in fulfilling
the requirements of this Agreement.
4.6 Overhead and indirect costs shown on Exhibits C and D of this Agreement, as a
percent of direct payroll cost, are the ENGINEERS' actual overhead and indirect costs based
on the ENGINEERS' records for the past one year prior to the effective date of this
Agreement..
4.7 Payroll burden and fringe benefit costs shown on Exhibits C and D of this
Agreement as a percent of direct payroll cost are the ENGINEERS' actual payroll and fringe
benefits cost based on the ENGINEERS' records for the past one year prior to the effective
date of this Agreement.
4.8 A schedule of the ENGINEERS' regular hourly salary range for each
classification of employee expected to be productively engaged in work necessary to fulfill
the terms of this Agreement, is shown on Exhibit E of this Agreement. This schedule is for
calendar year 2007 and may be revised annually as necessary to provide for increases in
employee wages.
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4.9 The ENGINEERS agree that services stipulated in Subsection 1.2 of this
Agreement, if required and mutually agreed to by the VILLAGE and the ENGINEERS, shall
be paid for at the actual cost to the ENGINEERS, to be verified by copies of invoices from
the parry doing the work, subject to Section 3.6 above.
4.10 The ENGINEERS warrant that they have not employed or retained any
company or person, other than a bona fide employee working solely for the ENGINEERS, to
solicit or secure this Agreement, and that they have not paid or agreed to pay any company
or person, other than a bona fide employee working solely for the ENGINEERS, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this
warranty, the VILLAGE shall have the right to annul this Agreement without liability, or in
its discretion to deduct from the Agreement price or consideration, or otherwise recover, the
full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee.
4.11 The ENGINEERS represent that they have, or will secure at their own
expense, all personnel required in performing the services under this Agreement. Such
personnel shall not be employees of or have any contractual relationship with the VILLAGE.
All of the services required hereunder shall be performed by the ENGINEERS or under their
supervision, and all personnel engaged in the work shall be qualified and authorized under
state and local law to perform such services.
4.12 The ENGINEERS shall not be responsible for any delays in the performance
of services hereunder caused by strikes, action of the elements, acts of any government, civil
disturbances, delays of the VILLAGE in supplying information or in approving documents
submitted by the ENGINEERS, or any other cause beyond their reasonable control or for the
expenses or direct or indirect costs or consequences arising from such delay.
4.13 The VILLAGE may, from time to time, require changes in the scope of the
services of the ENGINEERS to be performed hereunder. Such changes, including any
increase or decrease in the amount of the ENGINEERS' compensation, which are mutually
agreed upon by and between the VILLAGE and the ENGINEERS, shall be incorporated in
written amendments to this Agreement.
4.14 The ENGINEERS will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The ENGINEERS shall
take affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, religion, sex or national origin. Such
actions shall include, but not be limited to, the following: employment, upgrading,
demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates
of pay or other forms of compensation; selection for training including apprenticeship; and
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participation in recreational and educational activities. The ENGINEERS agree to post, in
conspicuous places available to employees and applicants for employment, notices to be
provided setting forth the provisions of this non - discrimination clause. The ENGINEERS
will in all solicitations or advertisements for employees placed by or on behalf of the
ENGINEERS, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin. The ENGINEERS will cause
the foregoing provisions to be inserted in all subcontracts for any work covered by this
Agreement so that such provisions will be binding upon each subcontractor provided that the
foregoing provisions shall not apply to contracts or subcontracts for standard commercial
supplies or raw materials.
4.15 If the ENGINEERS are of the opinion that any work they have been directed
to perform is beyond the scope of the Agreement and constitutes extra work, they shall
promptly notify the VILLAGE of that fact in writing before proceeding. No extra work shall
be eligible for payment unless it is authorized in writing in advance by the VILLAGE. In the
event the VILLAGE determines that such work does constitute extra work, it shall provide
extra compensation to the ENGINEERS upon a fair and equitable basis.
4.16 This Agreement may be terminated, in whole or in part, in writing by either
party if either of the other parties substantially fails to fulfill its obligations under this
Agreement through no fault of the terminating party; or the VILLAGE may terminate this
Agreement, in whole or in part, in writing, for its convenience: However, no such
termination may be effected unless the terminating party gives the other party (1) not less
than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate, and (2) an opportunity for a meeting with the terminating
party before termination. If this Agreement is terminated by the VILLAGE for default, the
'ENGINEERS shall be paid for services performed to the effective date of termination,
including reimbursable expenses. If this Agreement is terminated by either the
ENGINEERS for default or by the VILLAGE for convenience, the ENGINEERS shall be
paid for services performed to the effective date of termination, including reimbursable
expenses plus five percent (5 %) of the total compensation earned to the effective date of
termination as extra compensation for the ENGINEERS' rescheduling adjustments,
reassignment of personnel, and related costs incurred due to termination. If, after
termination by the VILLAGE for failure of the ENGINEERS to fulfill contractual
obligations under this Agreement, it is determined that the ENGINEERS had not so failed,
the termination shall be deemed to have been effected for the convenience of the VILLAGE,
and the ENGINEERS shall be paid accordingly.
4.17 The ENGINEERS certify that they have not been barred from signing this
Agreement as a result of a violation of Sections 5/33E -3 and 5/33E -4 of the Criminal Code
(Chapter 720 of the Illinois Compiled Statutes).
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4.18 The ENGINEERS agree to hold harmless and indemnify the VILLAGE and
each of its officers, agents and employees from any and all liability claims, losses, or
damages arising out of or alleged to arise from negligence in the performance of the services
under this Agreement, but not including liability that may be due to the sole negligence of
the VILLAGE or other consultants, contractors or subcontractors working for the VILLAGE,
or their officers, agents and employees.
The VILLAGE agrees to hold harmless and indemnify the ENGINEERS, and each of
their officers, agents and/or employees from any and all liability claims, losses, or damages
arising out of or alleged to arise from negligence in the performance of the services under
this Agreement that may be due to the sole negligence of the VILLAGE or other consultants,
contractors, or subcontractors working for the VILLAGE, or their officers, agents and/or
employees.
The VILLAGE acknowledges that the ENGINEER is a Business Corporation and not
a Professional Service Corporation, and further acknowledges that the corporate entity, as
the parry to this contract, expressly avoids contracting for individual responsibility of its
officers, directors, or employees.
The VILLAGE and ENGINEERS agree that any claim made by either parry arising
out of any act of the other party, or any officer, director, or employee of the other party in the
execution or performance of the Agreement, shall be made solely against the other party and
not individually or jointly against such officer, director, or employees.
4.19 For the duration of the PROJECT, the ENGINEERS shall procure and
maintain insurance for protection from claims under worker's compensation acts, claims for
damages because of bodily injury including personal injury, sickness or disease or death of
any and all employees or of any person other than such employees, and from claims or
damages because of injury to or destruction of property including loss of use resulting there
from, alleged to arise from the ENGINEERS' negligence in the performance of services
under this Agreement. The VILLAGE shall be named as an additional insured on the
ENGINEERS' general liability insurance policy. The limits of liability for the insurance
required by this Subsection are as follows:
(1) Worker's Compensation: Statutory Limits
(2) General Liability
Per Claim: $1,000,000
Aggregate: $2,000,000
(3) Automobile Liability
Combined Single Limit: $1,000,000
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(4) Excess Umbrella Liability
Per Claim and Aggregate: $4,000,000
(5) Professional Liability
Per Claim and Aggregate: $2,000,00053,000,000
4.20 Notwithstanding any other provision of this Agreement, and to the fullest
extent permitted by law, the total liability, in the aggregate, of the ENGINEERS and their
officers, directors, employees, agents, and any of them, to the VILLAGE and anyone
claiming by, through or under the VILLAGE, for any and all claims, losses, costs or
damages whatsoever arising out of, resulting from or in any way related to the PROJECT or
the Agreement from any cause or causes, including but not limited to the negligence,
professional errors or omissions, strict liability or breach of contract or warranty express or
implied of ENGINEERS or their officers, directors, employees, agents or any of them,
hereafter referred to as the "VILLAGE's Claims ", shall not exceed the total insurance
proceeds available to pay on behalf of or to the ENGINEERS by their insurers in settlement
or satisfaction of VILLAGE's Claims under the terms and conditions of ENGINEERS'
insurance policies applicable thereto, including all covered payments made by those insurers
for fees, costs and expenses of investigation, claims adjustment, defense and appeal.
4.21 The ENGINEERS are responsible for the quality, technical accuracy, timely
completion, and coordination of all Designs, Drawings, Specifications, Reports, and other
professional services furnished or required under this Agreement, and shall endeavor to
perform such services with the same skill and judgment which can be reasonably expected
from similarly situated professionals.
4.22 All Reports, Drawings, Specifications, other documents, and magnetic media
prepared or furnished by the ENGINEERS pursuant to this Agreement are instruments of
service in respect to the PROJECT, and the ENGINEERS shall retain the right of reuse of
said documents and magnetic media by and at the discretion of the ENGINEERS whether or
not the PROJECT is completed. Reproducible copies of the ENGINEERS' documents and
magnetic media for information and reference in connection with the use and occupancy of
the PROJECT by the VILLAGE and others shall be delivered to and become the property of
the VILLAGE upon request; however, the ENGINEERS' documents and magnetic media are
not intended or represented to be suitable for reuse by the VILLAGE or others on additions
or extensions of the PROJECT, or on any other project. Any such reuse without verification
or adaptation by the ENGINEERS for the specific purpose intended will be at the
VILLAGE's sole risk and without liability or legal exposure to the ENGINEERS, and the
VILLAGE shall indemnify and hold harmless the ENGINEERS from all claims, damages,
losses and expenses including attorneys' fees arising out of or resulting therefrom. Any
furnishing of additional copies and verification or adaptation of the ENGINEERS'
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documents and magnetic media will entitle the ENGINEERS to claim and receive additional
compensation from the VILLAGE. Magnetic media are furnished without guarantee of
compatibility with the VILLAGE's software or hardware, and the ENGINEER's sole
responsibility for such media is to furnish replacements of defective disks within 30 days
after initial delivery.
IN WITNESS WHEREOF, the parties hereto have caused the execution of this
Agreement by their duly authorized officers as of the day and year first above written.
BAXTER & WOODMAN, INC.
President/CEO ,d,-J�e f,
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Date of Signature
(SEAL)
ATTEST:
Secretary
Attachment
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JJF:py 04/09/07
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VILLAGE OF BUFFALO GROVE,
ILLINOIS
By
President
ATTEST:
ate of Signature
(SEAL)
&t&
Clerk
B A X T E R
WOODMAN
VILLAGE OF BUFFALO GROVE, ILLINOIS
2008 STREET IMPROVEMENTS
SECTION 07- 00093 -00 -RS
EXHIBIT A
YEAR 2008
PROJECT DESCRIPTION
Street Limits
Strathmore Court Arlington Heights Road to end
Crofton Lane
Greenridge Road to Greenridge Road
Greenridge Road
Dundee Road to Mill Creek Drive
Thornton Lane
Arlington Heights Road to Radcliffe Road
Radcliffe Road
Thorton Lane to Mill Creek Drive
Silver Rock Lane
Shady Grove Lane
Wyngate Lane
Woodhollow Lane
Twilight Pass
Alden Lane
Parker Lane
Farrington Drive
Springside Drive
Springside Court
Farrington Drive to Shady Grove Lane
Silver Rock Lane to Checker Drive
Farrington Drive to Woodhollow Lane
Farrington Drive to Shady Grove Lane
Checker Drive to Silver Rock Lane
Ivy Hall Lane to Arlington Heights Road
Ivy Hall Lane to Aspen Drive
Checker Drive to Crown Point Drive
Old Checker Road to Farrington Drive
Springside Drive to end
Thompson Boulevard Buffalo Grove Road to Highland Grove Drive
Copperwood Drive Thompson Boulevard to Thompson Boulevard
Newfield Drive Copperwood Drive to Copperwood Drive
Newfield Court Newfield Drive to end
Devonwood Court
Crossfield Court
Berkley Court
Euclid Court
Thompson Court
Rolling Hills Court
Hidden Lake Drive
Thompson Boulevard to end
Thompson Boulevard to end
Thompson Boulevard to end
Thompson Boulevard to end
Thompson Boulevard to end
Thompson Boulevard to end
Deerfield Parkway to Thompson Boulevard
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Whitney Lane
Parkside Drive to Thompson Boulevard
Westchester Road
Thompson Boulevard to Parkside Drive
Westchester Court
Westchester Road to end
Parkside Drive
. Hidden Lake Drive to Westchester Road
Old Barn Court
Hidden Lake Drive to end
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VILLAGE OF BUFFALO GROVE, ILLINOIS
2008 STREET IMPROVEMENTS
SECTION 07- 00093 -00 -RS
EXHIBIT B
SCOPE OF SERVICES
1. MANAGE PROJECT - Plan, schedule, and control the activities that must be
performed to complete the PROJECT including budget, schedule, and scope. Confer
with VILLAGE staff, from time to time, to clarify and define the general scope,
extent and character of the PROJECT and to review available data. Prepare and
submit monthly invoices. Attend one meeting with the VILLAGE to review the
project and establish project criteria and establish clear lines of communication.
2. PRELIMINARY PLANS, SPECIFICATIONS, AND ESTIMATE OF COST
FIELD EVALUATION - Perform a field evaluation on the condition of
existing pavements and curbs and gutters, and calculate quantities of
pavement repair.
GEOTECHNICAL REPORT — Employ the services of a geotechnical
subconsultant to take pavement cores of the surface and base material to
determine the composition of the existing pavement material. The
geotechnical consultant will provide an analysis of the cores/borings and a
soils report in accordance with the requirements of the DEPARTMENT.
■ IMPROVEMENT STRATEGY DEVELOPMENT - Develop pavement
improvement strategies and estimated costs for each pavement section.
■ PRELIMINARY GEOMETRIC PLANS - Prepare schematic geometric plans
(no topographic survey) for the proposed improvements.
■ ESTIMATE OF COST - Prepare a summary of quantities, schedules and an
engineer's estimate of cost.
■ SPECIAL PROVISIONS — Prepare special provisions in accordance with
IDOT MFT guidelines.
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AGENCY COORDINATION - Meet and coordinate the proposed
improvements with the DEPARTMENT. Notify and coordinate the proposed
improvements with utility companies.
3. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE OF COST
QC /QA — Perform an in -house peer review and constructability review of the
pre -final plans, specifications, and estimates of cost for the project.
FINAL CONTRACT PLANS AND CONTRACT PROPOSAL - Prepare
contract documents consisting of Plans, Special Provisions, Contract
Proposals, and Engineer's Estimate of Probable Construction Cost and
submit these documents to the DEPARTMENT for the VILLAGE to receive
construction bids. Make any necessary changes to the documents as required
by the DEPARTMENT in order to secure approval.
4. ASSIST BIDDING - Provide documents for bidding and assist the VILLAGE in
solicitation of bids from as many qualified bidders as possible, receive and
evaluating bids, tabulate bids, and make a recommendation to the VILLAGE for an
award of contract.
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VILLAGE OF BUFFALO GROVE, ILLINOIS
2008 STREET IMPROVEMENTS
SECTION 07- 00093 -00 -RS
EXHIBITS C and D
Overhead* Rate as
Percentage Rate of Employee Compensation
Total Percent
Salaries
98.00%
Retirement plan
0.00%
Repairs
0.00%
Rents
5.00%
Taxes
13.00%
Interest
0.00%
Contributions
1.00%
Depreciation
7.00%
Dues & Subscriptions
1.00%
Utilities (Elec. etc.)
4.00%
Insurance
18.00%
Professional Services
3.00%
Office Supplies & Services
5.00%
Advertising & Promotion
0.00%
Computer Service
1.00%
Convention & Seminars
1.00%
Recruitment & Relocation
0.00%
Vehicle Maintenance
0.00%
Reproduction
1.00%
Postage
0.00%
Travel
2.00%
Testing
0.00%
Entertainment
0.00%
Uncollectible Accounts
0.00%
Misc. Services & Expenses
2.00%
IDOT Approved Rate
162.00%
*Payroll Burden and Indirect Cost
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VILLAGE OF BUFFALO GROVE, ILLINOIS
2008 STREET IMPROVEMENTS
SECTION 07- 00093 -00 -RS
EXHIBIT E
BAXTER &. WOODMAN, INC.
2007 SCHEDULE OF HOURLY WAGE RATES
AND OVERHEAD COSTS FOR PROFESSIONAL SERVICES
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HOURLY
EMPLOYEE CLASSIFICATION
WAGE RATES
Principal
$56 to $70
Senior Engineer
$35 to $62
Planner
$35 to $60
Construction Manager, Sr.
$32 to $55
Designer
$28 to $45
Resident Project Representative, Sr.
$30 to $44
Engineer
$25 to $45
Water/Wastewater Operations
$30 to $38
Construction Manager
$24 to $30
Resident Project Representative
$29 to $38
Staff Engineer
$20 to $32
CARD Operator
$18 to $32
Surveyor /Technician, Sr.
$20 to $30
Resident Project Representative, Jr.
$16 to $30
Surveyor /Technician
$14 to $30
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HOURLY
EMPLOYEE CLASSIFICATION WAGE RATES
Administrative Assistant $12 to $28
Secretary $10 to $30
Technician $14 to $22
General and employee overhead is 162% of employee compensation.
Fixed Fee Amount — as stated in Agreement.
Mileage Charges — Same as the Mileage Charge set by the U.S. Internal Revenue Service.
Global Positioning System Survey Equipment Usage is $60/hour.
Trimble Robotic Survey Equipment Usage is $48/hour.
All- Terrain Vehicle usage is $40/hour.
Savannah Rain Logger usage is $10 /day.
Traffic Counters $50 /day.
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