HomeMy WebLinkAbout94-168 Resolution No. 94-168
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ALFRED BENESCH & COMPANY FOR BRIDGE INSPECTIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute an agreement on behalf of the City of Elgin with
Alfred Benesch & Company for engineering services for the
inspection, evaluation, recommendation and preparation of
bridge records, a copy of which is attached hereto and made a
part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: June 22 , 1994
Adopted: June 22 , 1994
Omnibus Vote: Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Elm
Agenda Item No.
June 2 , 1994
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Engineering Service Agreement with Alfred Benesch
and Company for Engineering Services for the 1994
Structural and Inventory Appraisal (SIA) Bridge
Inspections
PURPOSE
This memorandum will provide the Mayor and Council with
information to consider entering into an agreement with
Alfred Benesch and Company of Chicago, IL to provide
Engineering Services associated with the inspection of
several City bridges . A copy of the agreement is attached for
your consideration.
BACKGROUND
In accordance with State requirements, this project will
provide required inspections of eight City of Elgin bridges .
In the 1994 budget, the City Council approved funds to
inspect Kimball Street, Highland Avenue and Chicago Street
over the Fox River, Villa Street over Willow Creek and Poplar
Creek, Bluff City Boulevard over Poplar Creek and two
pedestrian bridges . The bridge inspections will be the first
in an annual program.
In early February, 1994 proposals were requested from three
engineering firms which specialize in bridge work. Two
responsive proposals were received and evaluated and rated by
three staff engineers . The firm of Alfred Benesch and Co. was
the top rated firm. Several scope of work and fee negotiation
meetings were held with Alfred Benesch, which resulted in the
attached Engineering Service Agreement recommended for
approval .
FINANCIAL IMPACT
The costs of the Engineering Services per this agreement will
be a not-to-exceed cost of $30, 150 . 00 . The funds budgeted for
engineering services total $35,000 . 00 in the account number
010-3311-752 .30-03.
Engineering Service Agreement
with Alfred Benesch
June 2, 1994
1 Page 2
LEGAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council approve an
Engineering Services Agreement with Alfred Benesch and
Company and authorize the City Manager to execute the
Agreement in an amount not to exceed $30, 150 . 00 .
Respectfully submitted,
Richard B. Helwig‘'
City Manager
JE/do
AGREEMENT
THIS AGREEMENT, is made and entered into this ' �+
�j day of
�v ti1� , 1994, by and between the CITY OF ELGIN, an
Illinois municipal corporation (hereinafter referred to as
"CITY" ) and Alfred Benesch & Company (hereinafter referred to as
"ENGINEER" ) .
WHEREAS, the CITY desires to engage the ENGINEER to furnish
certain professional services in connection with the preparation
of bridge condition surveys and the development of a record
keeping system for the City bridges (hereinafter referred to as
the "PROJECT" ) .
AND
WHEREAS, the ENGINEER represents that he is in compliance
with Illinois Statutes relating to professional registration of
individuals and has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth
herein below.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
acknowledged it is hereby agreed by and between the CITY and the
ENGINEER that the CITY does hereby retain the ENGINEER to act
for and represent it in all engineering matters involved in the
PROJECT, subject to the following terms and conditions and
stipulations, to-wit:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the
direction of the Director of Public Works of the
CITY, herein after referred to as the "DIRECTOR" .
B. The work under this project includes a routine
field inspection, evaluation, recommendation and
preparation of bridge records for the following
structures :
Villa over Poplar Creek
Villa over Willow Creek
Willard over Poplar Creek
Willard over Willow Creek
Kimball over Fox River
Highland over Fox river
Chicago over Fox River
Bluff City over Poplar Creek
C. A more detailed Scope of Services is attached
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hereto as Attachment A.
II . PROGRESS REPORTS
A. An outline project milestone schedule is provided
herein under:
Notice to Proceed July 1, 1994
Submit All Documents October 1, 1994
B. A detailed project schedule for the Project is
included as Attachment B, attached hereto.
Progress will be recorded on the project schedule
and submitted monthly as a component of the Status
Report described in C. below.
C. The Engineer will submit to the Director monthly a
Status Report keyed to the Project Schedule. A
brief narrative will be provided identifying
progress, findings and outstanding issues .
III. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant
hereto including, but not limited to, reports, designs,
calculations, work drawings, studies, photographs,
models and recommendations shall be the property of the
CITY and shall be delivered to the CITY upon request of
the DIRECTOR provided, however, that the ENGINEER may
retain copies of such work products for its records .
Such work products are not intended or represented to
be suitable for reuse by the CITY on any extension to
the PROJECT or on any other project, and such reuse
shall be at the sole risk of the CITY without liability
or legal exposure to the ENGINEER.
IV. PAYMENTS TO THE ENGINEER
A. For services provided the ENGINEER shall be reimbursed
at the rate of 2 . 7103 times the direct hourly rate of
personnel employed on this PROJECT, with the total fee
not to exceed Thirty Thousand One Hundred Fifty
( 30, 150) dollars regardless of the actual costs
incurred by the ENGINEER unless substantial
modifications to the scope of the work are authorized
by CITY through a change order or amendment.
B. A summary of the fee calculations is attached hereto
as Attachments C, D, E and F.
C. The CITY shall make periodic payments to the ENGINEER
based upon actual progress within 30 days after receipt
and approval of invoice. Said periodic payments to the
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ENGINEER shall not exceed the amounts shown on
Attachment G, and full payments for each task shall not
be made until the task is completed and accepted by the
DIRECTOR.
V. INVOICES
A. The ENGINEER shall submit invoices in a format
approved by the CITY. Progress reports ( IIC above)
will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual
time devoted and cost incurred. The ENGINEER shall
permit the authorized representative of the CITY to
inspect and audit all data and records of the
ENGINEER for work done under this Agreement. The
ENGINEER shall make ' these records available at
reasonable times during the Agreement period, and
for a year after termination of this Agreement.
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY
may terminate this Agreement at any time upon fifteen
( 15) days prior written notice to the ENGINEER. In the
event that this Agreement is so terminated, the
ENGINEER shall be paid for services actually performed
and reimbursable expenses actually incurred prior to
termination, except that reimbursement shall not exceed
the task amounts set forth under Paragraph IV above.
VII . TERM
This Agreement shall become effective as of the date
the ENGINEER is given a written Notice to Proceed
following approval of CITY' S corporate authorities and,
unless terminated for cause or pursuant to Article VI
foregoing, shall expire on the date the DIRECTOR
determines that all of the ENGINEER' s work under this
Agreement is completed. A determination of completion
shall not constitute a waiver of any rights or claims
which the CITY may have or thereafter acquire with
respect to any breach hereof by the ENGINEER.
VIII. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional
compensation as a result of action taken by the CITY,
the ENGINEER shall give written notice of his claim
within 15 days after occurrence of such action. No
claim for additional compensation shall be valid unless
so made. Any changes in the ENGINEER' s fee shall be
valid only to the extent that such changes are included
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in writing signed by the CITY and the ENGINEER.
Regardless of the decision of the DIRECTOR relative to
a claim submitted by the ENGINEER, all work required
under this Agreement as determined by the DIRECTOR
shall proceed without interruption.
IX. BREACH OF CONTRACT
If either party violates or breaches any term of this
Agreement, such violation or breach shall be deemed to
constitute a default, and the other party has the right
to seek such administrative, contractual or legal
remedies as may be suitable to the violation or breach;
and, in addition, if either party, by reason of any
default, fails within fifteen ( 15) days after notice
thereof by the other party to comply with the
conditions of the Agreement, the other party may
terminate this Agreement.
X. INDEMNIFICATION
The ENGINEER shall indemnify and save harmless the
CITY, its officers and employees from and against any
and all loss, liability and damages of whatever nature,
including but not limited to Workmen's Compensation
claims, in any way resulting from or arising out of
negligent actions or omissions of the ENGINEER in
connection herewith, including but not limited to
negligent actions or omissions of employees or agents
of the ENGINEER arising out of the performance of
professional services .
XI. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the
City shall be charged personally or held contractually
liable under any term or provision of this Agreement or
because of their execution, approval or attempted
execution of this Agreement.
XII. INSURANCE
A. Comprehensive Liability. The ENGINEER shall
provide, pay for and maintain in effect, during the
term of this Agreement, a policy of Comprehensive
General Liability Insurance with limits of at least
$1,000, 000 aggregate for bodily injury and
$1, 000,000 aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a
Certificate of Insurance naming the CITY as
additional insured. The policy shall not be
modified or terminated without thirty ( 30) days
prior written notice to the DIRECTOR.
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The Certificate of Insurance which shall include
Contractual obligation assumed by the ENGINEER
under Article IX entitled "Indemnification" shall
be provided.
B. Comprehensive Automobile Liability. The ENGINEER
shall provide, pay for and maintain in effect,
during the term of this Agreement, a policy of
Comprehensive Automobile Liability Insurance
covering all owned, non-owned and hired motor
vehicles with limits of not less than $500,000 per
occurrence for damage to property.
C. Combined Single Limit Policy. The requirements
for insurance coverage for the general liability
and auto exposures may be met with a combined
single limit of $1, 000,000 per occurrence subject
to a $1, 000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry
Engineer' s Professional Liability Insurance
Covering claims resulting from error, omissions or
negligent acts with a combined single limit of not
less than $ 1,000,000 per occurrence. A
Certificate of Insurance shall be submitted to the
DIRECTOR as evidence of insurance protection. The
policy shall not be modified or terminated without
thirty (30) days prior written notice to the
DIRECTOR.
XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of
and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the
construction, unless specifically identified in the
Scope of Services .
XIV. NONDISCRIMINATION
In all hiring or employment made possible or resulting
from this Agreement, there shall be no discrimination
against any employee or applicant for employment
because of sex, age, race, color, creed, national
origin, marital status, of the presence of any sensory,
mental or physical handicap, unless based upon a bona
fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following:
employment advertising, layoff or termination, rates of
pay or other forms of compensation and selection for
training, including apprenticeship.
• -6-
No person shall be denied or subjected to
discrimination in receipt of the benefit of any
services or activities made possible by or resulting
from this Agreement on the grounds of sex, race, color,
creed, national origin, age except minimum age and
retirement provisions, marital status or the presence
of any sensory, mental or physical handicap. Any
violation of this provision shall be considered a
violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or
suspension, in whole or in part, of the Agreement by
the CITY.
XV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof
shall be binding upon the successors and the assigns of
the parties hereto; provided, however, that no
assignment shall be made without the prior written
consent of the CITY.
XVI. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be
subject to all the terms, conditions and other
provisions of this Agreement and the ENGINEER shall
remain liable to the CITY with respect to each and
every item condition and other provision hereof to the
same extent that the ENGINEER would have been obligated
if it had done the work itself and no assignment,
delegation or subcontract had been made.
XVII. NO CO-PARTNERSHIP OR AGENCY
It is understood and agreed that nothing herein
contained is intended or shall be construed to, in any
respect, create or establish the relationship of co-
partners between the CITY and the ENGINEER, or as
constituting the ENGINEER as the general representative
or general agent of the CITY for any purpose whatsoever
or to constitute an employment relationship between the
parties hereto. .
XVIII. SEVERABILITY
The parties intend and agreed that, if any paragraph,
sub-paragraph, phrase, clause or other provision of
this Agreement, or any portion thereof, shall be held
to be void or otherwise unenforceable, all other
portions of this Agreement shall remain in full force
and effect.
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XIX. HEADINGS
The headings of the several paragraphs of this
Agreement are inserted only as a matter of convenience
and for reference and in no way are they intended to
define, limit or describe the scope of intent of any
provision of this Agreement, nor shall they be
construed to affect in any manner the terms and
provisions hereof or the interpretation or construction
thereof.
XX. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the
entire Agreement of the parties on the subject matter
hereof and may not be changed, modified, discharged or
extended except by written amendment duly executed by
the parties . Each party agrees that no representations
or warranties shall be binding upon the other party
unless expressed in writing herein or in a duly
executed amendment hereof, or change order as herein
provided.
XXI. APPLICABLE LAW
This Agreement shall be deemed to have been made in,
and shall be construed in accordance with the laws of
the State of Illinois .
XXII. NEWS RELEASES
The ENGINEER may not issue any news releases without
prior approval from the DIRECTOR, nor will the ENGINEER
make public proposals developed under this Agreement
without prior written approval from the DIRECTOR prior
to said documentation becoming matters of public record.
XXIII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other
consultants in the CITY' s employ or any work associated
with the PROJECT.
XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295
The ENGINEER certifies hereby that it is not barred
from bidding on this contract as a result of violations
of either Section 33E-3 or Section 33E-4 of the
Illinois Criminal Code.
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XXV. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall
have written sexual harassment policies that include,
at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing
examples;
D. the vendor' s internal complaint process including
penalties;
E. the legal recourse, . investigative and complaint
process available through the Illinois Department
of Human Rights, and the Illinois Human Rights
Commission;
F. directions on how to contact the department and
commission;
G. protection against retaliation as provided by
Section 6-101 of the Human Rights Act (copy
attached) .
A copy of the policies must be provided to the
Department of Human Rights upon request. P.A. 87-1257 .
XXVI . WRITTEN COMMUNICATIONS
All recommendations and other communications by the
ENGINEER to the DIRECTOR and to other participants
which may affect cost or time of completion, shall be
made or confirmed in writing. The DIRECTOR may also
require other recommendations and communications by the
ENGINEER be made or confirmed in writing.
XXVII. NOTICES
All notices, reports and documents required under this
Agreement shall be in writing and shall be mailed by
First Class Mail, postage prepaid, addressed as follows :
A. As to CITY:
JAMES L. KRISTIANSEN
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
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B. As to ENGINEER:
Alfred Benesch & Company
205 N. Michigan Avenue
Suite 2400
Chicago, IL 60601
IN WITNESS WHEREOF, the undersigned have placed their hands
and seals upon and executed this Agreement in triplicate as
though each copy hereof was an original and that there are no
other oral agreements that have not been reduced to writing in
this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN
By c'COZO-K,t, By LG_ Q
City Clerk City Manager I
(SEAL)
For the ENGINEER:
Dated this /Co day of 1.441.,t_ , A.D. , /994
1994 .
ATTEST:
Secretary Pre dent
(SEAL)
•
/ w a
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Attachment A
Scope of Services
SCOPE OF WORK
The work under this contract will consist of the performance of condition surveys for in-service
bridges located in the City of Elgin, Illinois and shall be executed under the requirements of the
Contract Agreement.
The work includes a routine inspection of structures, documentation of findings, evaluation of
structural conditions, preparation of Bridge Inspection Reports and the development of a record
keeping system for City bridges. This includes the completion of Structure Inventory Sheets,
Bridge Condition Reports and all other requirements in accordance with the Illinois Department of
Transportation Bridge Inspection Procedures.
Inspection procedures and terminology used will be in accordance with the Bridge Inspector's
Training Manual 70,Federal Highway Administration, the requirements of the Illinois Department
of Transportation and the criteria established in the latest editions of:
• FHWA Manual of Uniform Traffic Control Devices;
• AASHTO Manual for Maintenance and Inspection of Bridges; and
• AASHTO guidelines for Fabrication/Inspection of Fracture Critical
Structures.
The inspection work includes routine detail inspections for the following structures:
• Villa over Poplar Creek;
• Villa over Willow Creek;
• Willard over Poplar Creek (pedestrian);
• Willard over Willow Creek (pedestrian);
• Kimball over Fox River;
• Highland over Fox River;
• Chicago over Fox River; and
• Bluff City over Poplar Creek.
INSPECTION PROCEDURES
The proposed work includes a routine inspection of each bridge. The inspection will consist of
sufficient observations or measurements to:
• determine the physical and functional condition of a bridge with
recorded changes;
• identify any developing problems or changes from the inventory or
previously recorded conditions; and
• ensure that each structure continues to satisfy its present service
requirements.
All equipment, apparatus or other devices used in the performance of the work will meet OSHA
safety regulations, and the requirements of the state safety regulations. Traffic control will be used
where appropriate.
City of Elgin
Benesch A-1
The procedures described above for each inspection will be considered as minimums. If, while
making an inspection,it becomes apparent that a condition exists that would require more detailed
procedures than are normally included in the routine inspection, Benesch will so advise the City.
If the condition is critical,or near critical, we will advise the City as soon as possible so that
necessary action can be promptly initiated.
If required,in-depth inspections will supplement and expand the level of effort above that required
in routine detail inspections, to the extent that defects and deficiencies not readily visible using
routine inspection procedures are detected, identified and documented,with appropriate test
results, where required. In-depth inspections will consist of the following:
• fracture critical member inspection to investigate tension members or
tension components whose failure would be expected to result in the
collapse of a bridge;
• underwater inspections to investigate the condition of the structure under
water, and
• non-destructive testing to determine the location and extent of cracks or
other deficiencies.
BRIDGE INSPECTION REPORTS
A Bridge Condition Report will be prepared for each bridge unit. The condition shall be reported
in sufficient detail to make it possible to check and report change during future inspections and to
estimate the extent of any necessary repair.
The results of the inspection will be fully documented with inspection plan, sketches,and
appropriate photographs. Load capacity evaluations shall be recommended if changed structural
conditions will affect the present recorded bridge ratings.
All work will be completed according to the Illinois Department of Transportation Bridge
Inspection Procedures.
City of Elgin Benexh A-2
•
Attachment B
Project Schedule
Start Finish
Contract Signed May 25, 1994
Notice to Proceed June 1, 1994
Field Inspection June 6, 1994 June 15, 1994
Evaluation,Recommendation
Cost Estimates June 16, 1994 July 15, 1994
Complete Bridge Records Jp1y 18, 1994 August 1, 1994
City Review August 2, 1994 August 15, 1994
Revise Comments August 16, 1994 August 31, 1994
Submit Documents September 1, 1994
City of Elgin
Benesch B-1
! .
Attachment C
Summary of Staff-Hours and Estimate of Costs
Staffing Requirements Hours
Administration 20
Develop Bridge Inventory System 40
Field Inspection (two-man crew) 112
Evaluation 182
Report 56
Total Staff Hours 410
Direct Labor Hours Rate
Senior Project Manager 20 $ 34.00 $ 680.00
Project Manager I 228 24.70 5,631.00
Project Engineer I 154 18.50 2,849.00
Word Processing Operator 8 15.00 120.00
Subtotal (Direct Labor) 410 $ 9,280.00
Overhead
(146.39%) 13,585.00
Subtotal (Direct Labor+Overhead) 22 865.00
Fixed Fee
(10%) 2,285.00
Subtotal (Direct Labor+Overhead+Fixed Fee) 25 150.00
Direct Costs
Traffic Control $ 1,000.00
Inspection Equipment 3�000.00
Automobile 500.00
Printing 350.00
Special Equipment 150.00
Subtotal (Direct Costs) $ 5,000 00
TOTAL ESTIMATE $ 30,150.00
Note: This estimate is for the inspection of the bridges included in the scope of work and the type
of inspection as described in the section for inspection procedures. In-depth field inspections,
such as crack testing, fracture critical members and underwater investigations, are not included in
the estimate of costs outlined above.
City of Elgin
Benesch C-1
•
May 31, 1993 to May 31, 1994
Attachment D
Alfred Benesch & Company
Hourly Rate Range - Consultant's Regular Staff
Classification From To
Administration/Principal $45.00 $45.00
Technical Specialist 18.00 45.00
Senior Project Manager 33.93 45.00
Project Manager II 27.50 31.50
Project Manager I 20.80 30.00
Senior Project Engineer 19.20 26.00
Project Engineer II 22.65 27.00
Project Engineer I 16.80 26.30
Design Engineer II 12.60 19.30
Design Engineer I 10.40 17.00
Resident Engineer II 24.83 25.20
Resident Engineer I 19.83 19.80
Party Chief 15.20 20.00
Instrument Operator* 15.00 15.30
Survey Assistant * 7.50 13.00
Inspector I 14.10 14.10
Senior Technologists 20.53 23.50
Technologist II 15.50 16.50
Technologist I 12.00 16.00
Drafter II * 10.00 14.50
Drafter I * 8.00
9.40
Word Processing Operator* 7.50 15.00
Clerical Support* 10.00 10.00
Office Assistant* 8.60 8.60
* Personnel in these classifications are paid time and one-half for overtime.
City of Elgin
Benesch D-1
Attachment E
General and Administrative Overhead Expenses
As of May 30, 1993
(Provisional)
%of Direct
Productive
Payroll
Taxes except Federal Income 0 83
Business Insurance, except key-man insurance,
including accident, liability and valuable papers 6 18
Depreciation and amortization 7 56
Administrative,unassigned staff time,recruiting,
training and education, severance, negotiating '
new business, and office accounting,clerical
and secretarial wages and salaries 45.86
Reproduction, printing and supplies 1 08
Office expense 8 65
Computer costs (5.38)
Professional services including specialists,
legal, auditing, etc. 7 18
Employee travel expenses not assigned to clients
and excluding costs outside Illinois 3 21
Telephone and postage 2 59
Fees, licenses,dues, publications, seminars
conferences (Technical and Professional) 2 55
Utilities and maintenance 0.80
Business space rent 15.95
TOTAL GENERAL AND ADMINISTRATIVE EXPENSE 97.06
FACILITIES CAPITAL COST OF MONEY 1.92
City of Elgin
Benesch E-1
r .
Attachment F
Payroll Burden & Fringe Costs
As of May 30, 1993
(Provisional)
% of Direct
Productive
Payroll
Federal Insurance Contributions Act, State
Unemployment Compensation,Federal
Unemployment Compensation, Chicago Head Tax,
Workmen's Compensation Insurance 14.11
Paid Holidays, Vacation, Sick Leave, Bonuses 14.49
Pension 10.46
Group Insurance 8.35
TOTAL PAYROLL& FRINGE EXPENSE 47.41
City of Elgin Benesch F-1
I
Attachment G
Payment Schedule
Date Task % Progress
June 30, 1994 Field Inspection 40%
July 30, 1994 Evaluation and Recommendation 80%
August 30, 1994 Reports 90%
September 30, 1994 Review and Checking 100%
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City of Elgin
Benesch G-1