2004-14RESOLUTION NO. 2004- 14
A RESOLUTION APPROVING AN AGREEMENT FOR
DESIGN ENGINEERING SERVICES FOR THE 2005
VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECT
WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO
GROVE desire to cause the implementation of the 2005 Villagewide Contractual
Street Maintenance Project; and,
WHEREAS, the approval of 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 04- 00090- 00 -RS,
Engineering Services Agreement". A copy of said contract is attached thereto and
made a part thereof.
AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - None
PASSED: June 7 ,2004
APPROVED: June 7 ,2004
APPROVED:
Village President
ATTEST:
:ITYL
Vill&jvi Clerk
G:\ENGAIEER\ORD & RES\RESO4 -2.DOC
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Illinois Department of Transportation
Division of Highways /District 1
201 West Center Court/Schaumburg, Illinois 60196 -1096
LOCAL ROADS AND STREETS
Motor Fuel Tax — Engineering Agreement
Village of Buffalo Grove
Section No.: 04- 00090 -00 -RS
Cook County
July 13, 2004
Ms. Janet M. Sirabian
Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Dear Ms. Sirabian:
The Agreement for Engineering Services dated June 7, 2004 between the
Village of Buffalo Grove and Baxter & Woodman, Inc., consulting engineers,
for engineering services to be performed in connection with the Village's Motor
Fuel Tax (MFT) Construction Improvement designated as the above - referenced
Section was approved as of July 12, 2004.
Enclosed is one copy for your records. If you have any questions or need
additional information, please contact Marilin Solomon, MFT Field Engineer, at
(847) 705 -4407.
Very truly yours,
Diane M. O'Keefe, P.E.
District Engineer
By:
Carmen W. Iacullo
Assistant to the District Engineer
Enclosure
cc: Richard K. Kuenkler w /encl.
Baxter & Woodman, Inc. w /encl.
SAGen \Wp2 \Current MFT Letters \dr040713ms - Buffalo Grove2.doc
••
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VILLAGE OF BUFFALO GROVE, ILLINOIS
2005 STREET IMPROVEMENTS
SECTION 04- 00090 -00 -RS
ENGINEERING DESIGN SERVICES
AGREEMENT
THIS AGREEMENT is made as of the 7 th day of June , 2004, by and between
the Village of Buffalo Grove, Illinois, hereinafter referred to as the VILLAGE, and Baxter &
Woodman, Inc., Consulting Engineers, an Illinois Business Corporation, hereinafter referred to
as the ENGINEERS, for engineering services in connection with the 2005 Street Restoration
and Resurfacing Program, designated as Section 04- 00090- 00 -RS, Engineer's Project No.
040321, 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.
WITNESSETH that in consideration of the mutual covenants herein, these parties
agree as follows:
SECTION 1. 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 Review and analyze traffic studies and counts to be furnished by the VILLAGE
for those streets requiring a structural pavement design.
1.3 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 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.
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1.4 Attend conferences to be held at the request of the VILLAGE for review and
evaluation of proposed improvements.
1.5 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 $10,243 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 $94,800 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 2005 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 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 C of this Agreement. This schedule is for
calendar year 2004 and may be revised annually as necessary to provide for increases in
employee wages.
4.7 Overhead and indirect costs shown on Exhibit D &E 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.
4.8 Payroll burden and fringe benefit costs shown on ExhibitD &E 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.
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Consulting Engineers
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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
party 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 participation
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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 maybe 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
party 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 party 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 therefrom, 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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040321
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Consulting Enginee a
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(4) Excess Umbrella Liability
Per Claim and Aggregate:
(5) Professional Liability
Per Claim and Aggregate:
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$4,000,000
$2,000,000/$3,000,000
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' documents and magnetic media will
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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.
By
-v •
y oa
Date of Signature
(SEAL)
ATTEST:
Secretary
Attachment
JVA:csw 05/26/04
H:\PR0J\BFGW\040321 \EngSvc.with Exh
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VILLAGE OF BUFFALO GROVE,
ILLINOIS
By
President
ATTEST:
2z
Date of Signature
Clerk
(SEAL)
B A X T E R
WOODMAN
Consulting Engineers
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VILLAGE OF BUFFALO GROVE, ILLINOIS
2005 STREET IMPROVEMENTS
SECTION 04- 00090 -00 -RS
EXHIBIT A
YEAR 2005
PROJECT DESCRIPTION
Street Limits
Weidner Road Beechwood Road to Lake Cook Road
Chatham Circle Beechwood Road to Estate Drive
Estate Drive Chatham Circle to Bernard Drive
Greenwood Court North Bernard Drive to end
Greenwood Court South Bernard Drive to end
Prairie Road Illinois Route 22 to Port Clinton Road
Bernard Drive
Raupp Boulevard to Buffalo Grove Road
Diane Drive
Mohawk Trail to Bernard Drive
Navajo Trail
St. Mary's Parkway to Roberta. Court
Roberta Court
Navajo Trail to end
St. Mary's Parkway
Raupp Boulevard to Buffalo Grove Road
Crestview Terrace
St. Mary's Parkway to St. Mary's Parkway
Glendale Road
Bernard Drive to Navajo Trail
Melinda Lane
Bernard Drive to St. Mary's Parkway
Hiawatha Drive
Bernard Drive to St. Mary's Parkway
Rosewood Avenue
Bernard Drive to Lincoln Terrace
Lincoln Terrace
Bernard Drive to St. Mary's Parkway
Chaucer Way Brandywyn Lane to Thompson Boulevard
Kent Lane Chaucer Way to Thompson Boulevard
Cary Lane
Knight Hill Court
Arbor Gate Lane
Burnt Ember Lane
Burnt Ember Court
Castlewood Lane
Carlton Place
Aspen Drive
Penny Lane
Clohesey Drive
Ivy Hall Lane ,
Cloverdale Court
Amherst Court
Barclay Boulevard
H:\PROJ\BFGV V\040321 \E
Checker Drive to Twisted Oak Lane
Checker Drive to end
Checker Drive to Twisted Oak Lane
Checker Drive to Twisted Oak Lane
Burnt Ember Lane to end
Checker Drive to Twisted Oak Lane
Arlington Heights Road to Aspen Drive
Alden Lane to Clohesey Drive
Ivy Hall Lane to Aspen Drive
Ivy Hall Lane to Aspen Drive
Aspen Drive to Indian Spring Lane
Aspen Drive to end
Aspen Drive to end
Deerfield Parkway to Aptakisic Road
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B A X T E R
WOODMAN
Consulting Engineers
VILLAGE OF BUFFALO GROVE, ILLINOIS
2005 STREET IMPROVEMENTS
SECTION 04- 00090 -00 -RS
1 MCI 11 C,
SCOPE OF SERVICES
1. ADMINISTRATION & MEETINGS — Confer with the Village Engineer, and his staff, from
time to time, to clarify and define the general scope, extent, and character of the project, to
review available data, and to review Design Documents prior to submittal to the
DEPARTMENT.
2. PAVEMENT EVALUATION — Perform an evaluation on the condition of existing
pavements, including curb and gutter, and calculate quantities of pavement repair.
3. FINAL CONTRACT PLANS - Prepare Contract Proposals, Special Provisions, and
Estimates of Cost and submit these documents to the DEPARTMENT for the Village to
receive construction bids. The Engineers shall make anynecessary changes to the documents
submitted to the DEPARTMENT required by the DEPARTMENT in order to secure
approval.
4. ASSISTANCE WITH BID LETTING— Provide documents forbidding and assist the Village
in receiving and evaluating bids, tabulate the bids, and make a recommendation to the
Village for an award of contract.
H :\PROJ\BFGVV\040321\EngSvc.with Exh
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VILLAGE OF BUFFALO GROVE, ILLINOIS
2005 STREET IMPROVEMENTS
SECTION 04- 00090 -00 -RS
EXHIBIT C
BAXTER & WOODMAN, INC.
2004 SCHEDULE OF HOURLY WAGE RATES
AND OVERHEAD COSTS FOR PROFESSIONAL SERVICES
HOURLY
EMPLOYEE CLASSIFICATION WAGE RATES
Principals $50 to $62
Senior Engineers $35 to $55
Construction Managers $28 to $46
Engineers $22 to $42
Staff Engineers $20 to $29
Designers
$28 to $44
CADD Operators
$18 to $29
Senior Field Engineers
$32 to $39
Field Engineers
$26 to $33
Jr. Field Engineers
$20 to $26
Senior Surveyors /Technicians $20 to $25
Surveyors /Technicians $12 to $26
Secretaries $12 to $26
Administrative Assistants $9 to $20
General and employee overhead is 156% of employee compensation.
Automobile travel expense is $0.38 /mile.
Global Positioning System Survey Equipment Usage is $60/hour.
All- Terrain Vehicle usage is $40/hour.
Savannah Rain Logger usage is $10 /day.
Traffic Counters $50 /day. H :\PROJ\BFGVV\040321\EngSvc.with Exh
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VILLAGE OF BUFFALO GROVE, ILLINOIS
2005 STREET RVIPROVEMENTS
SECTION 04- 00090 -00 -RS
EXHIBITS D & E
Overhead* Rate as
Percentage Rate of Employee Compensation
*Payroll Burden and Indirect Cost
H:\PROJ\BFGW\040321\EngSvc.with Exh
B A X T E R
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WOODMAN
CmuuliingF.ngineen
Total
Percent
Salaries
55.0%
Officer Compensation
21.9%
Retirement Plan
16.0%
Taxes
14.9%
Employee Benefit Programs
12.2%
Depreciation
8.3%
Supplies
6.7%
Miscellaneous Services
5.2%
Utilities
4.2%
Rents
3.9%
Professional Services
3.4%
Travel
1.6%
Insurance
1.1%
Postage
0.8%
Dues and Subscriptions
0.6%
Repairs
0.5%
Miscellaneous
0.1%
Testing
0.0%
Interest
0.0%
Contributions
0.0%
Promotion
0.0%
Totals
156.40%
Illinois DOT Approved Rate
156%
*Payroll Burden and Indirect Cost
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