R-70-23 Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois Water Tower Public Works Annex Site Grading, Basin, Storm Sewer, Water Main Construction EngineeringREIVION'
TO: Village Board Meeting
FROM: Ted Friedley, Public Works
THROUGH:
418 Main Street I Lemont, IL 60439
SUBJECT: Resolution Approving Professional Services Agreement Between HR
Green, Inc. and the Village of Lemont, Illinois Water Tower Public Works
Annex Site Grading, Basin, Storm Sewer, Water Main Construction
Engineering
DATE: November 13, 2023
SUMMARY/BACKGROUND
HR Green is assisting the Village with Engineering Services for the Water Tower Public Works
Annex Site Grading, Basin, Storm Sewer, and Water Main Project.
As outlined in the Agreement, the following tasks are included in this Agreement;
• Notice to Proceed
• Contractor to begin proposed underground utilities
• Construction layout
• Construction observation/engineering
• Final As -Built including shapefile for GIS
• 100% complete documents to Client
The proposed agreement authorizes HR Green, Inc. and the Village of Lemont to move
forward with this project. The total not to exceed fees for the project are $30,000.00.
ANALYSIS
Consistency with Village Policy
5-Year Capital Improvement Plan (if applicable)
STAFF RECOMMENDATION
Pass Resolution Authorizing Professional Services Agreement Between HR Green, Inc. and
the Village of Lemont, Illinois Water Tower Public Works Annex Site Grading, Basin, Storm
Sewer, Water Main Construction Engineering
BOARD ACTION REQUESTED
Pass Resolution Authorizing Professional Services Agreement Between HR Green, Inc. and
the Village of Lemont, Illinois Water Tower Public Works Annex Site Grading, Basin, Storm
Sewer, Water Main Construction Engineering
ATTACHMENTS
Resolution Approving Professional Services Agreement Between HR Green, Inc. and Village
of Lemont, Illinois Water Tower Public Works Annex Site Grading, Basin, Storm Sewer, Water
Main Construction Engineering.pdf
VILLAGE OF LEMONT
RESOLUTION
NUMBER R- N -23
RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN
HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS WATER TOWER
PUBLIC WORKS ANNEX SITE GRADING, BASIN, STORM SEWER, WATER MAIN
CONSTRUCTION ENGNEERING
JOHN EGOFSKE, Village President
CHARLENE M. SMOLLEN, Clerk
JANELLE KITTRIDGE
DAVE MAHER
KEN MCCLAFFERTY
KEVIN SHA UGHNESSY
RICK SNIEGOWSKI
RON STAPLETON
Trustees
a
Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on — — -2023
RESOLUTION NO. R- 1 -23
RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN
HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS WATER TOWER
PUBLIC WORKS ANNEX SITE GRADING, BASIN, STORM SEWER, WATER MAIN
CONSTRUCTION ENGNEERING
WHEREAS the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois, ("the
Village") is a municipality in the State of Illinois with full powers to enact Ordinances and adopt
Resolutions for the benefits of the residents of the Village; and
WHEREAS, the Village and HR Green, Inc. wish to enter a professional services
agreement for Water Tower Public Works Annex Site Grading, Basin, Storm Sewer, Water Main
Construction Engineering as further outlined in the professional services agreement attached
hereto as Exhibit A ("Agreement"); and
WHEREAS, the Mayor and Board of Trustees find that it is in the best interests of the
Village to authorize the Agreement attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of
the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows:
SECTION 1:
That the above recitals and legislative findings are found to be true and correct and are
hereby incorporated herein and made a part hereof as if fully set forth in their entirety.
SECTION 2:
The Mayor and Board of Trustees of the Village of Lemont hereby approve the
Agreement with HR Green, Inc. in substantially the same form as attached hereto as Exhibit A,
subject to attorney review.
SECTION 3:
The Mayor and Clerk are hereby authorized, respectively, to execute the Agreement with
HR Green, Inc.
SECTION 4:
This Resolution, and its parts, are declared to be severable and any section, subsection,
sentence, clause, provision, or portion of this Resolution that is declared invalid such decision
shall not affect the validity of any other portion of this Resolution, which shall remain in full
force and effect.
SECTION 5:
All Resolutions and Ordinances in conflict herewith are hereby repealed to the extent of
such conflict.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS,
ON THIS 13 DAY OF A) 0 &M b2023.
Janelle Kittridge
Dave Maher
Ken McClafferty
Kevin Shaughnessy
Rick Sniegowski
Ron Stapleton
ATTEST:
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYES
FlAr
CHARLENE MMOLLEN
Village CbrF F
v 2
sL L 1 1�\C3
ABSENT: ABSTAIN:
JOHN EGOFSKE
President
Exhibit A
Water Tower Public Works Annex Site Grading, Basin, Storm Sewer, Water Main Engineering
Agreement
PROFESSIONAL SERVICES AGREEMENT
For
Lemont, IL — Water Tower/Public Works Annex Site
Grading, Basin, SS, WM (Construction Only)
Village of Lemont
Mr. George Schafer
Village Administrator
418 Main Street
Lemont, IL 60439
Ph: 815.385.6023
Bruce A. Hill, PE
Municipal Executive —Governmental Services Engineering
HR Green, Inc. 323 Alana Drive
New Lenox, IL 60451
Ph: 815.462.9324
Project No. 2303237
October 5, 2023
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1.0 SCOPE OF SERVICES
2.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT
3.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES
4.0 SERVICES BY OTHERS
5.0 CLIENT RESPONSIBILITIES
6.0 PROFESSIONAL SERVICES FEE
7.0 TERMS AND CONDITIONS
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October 5, 2023
Page 1 of 9
THIS AGREEMENT is between the Village of Lemont (hereafter "CLIENT") and HR Green, Inc.
(hereafter "COMPANY").
1.0 Scope of Services
The CLIENT agrees to employ COMPANY to perform the following services:
Construction Engineering Services transitioned over from a previous engineering
company.
2.0 Deliverables and Schedules Included in this Agreement
The Project shall be initiated upon authorization by CLIENT.
1. Notice to Proceed — NTP................................................................................ October 2023
2. Contractor to begin proposed underground utilities ... ............. Week of October 16'h, 2023
3. Construction Layout......................................................... Week of October 161h, 2023
4. Construction Observation/Engineering................................. Week of October 161h, 2023
5. Final As -Built including shapefile for GIS............................ Week of November 2711, 2023
6. 100% complete documents to CLIENT .................................. Week of December 181h, 2023
This schedule was prepared to include reasonable allowances for review and approval
times required by the CLIENT and public authorities having jurisdiction over the project.
This schedule shall be equitably adjusted as the project progresses, allowing for changes
in the scope of the project requested by the CLIENT or for delays or other causes beyond
the control of COMPANY.
3.0 Items not included in Agreement/Supplemental Services
The following items are not included as part of this AGREEMENT:
Supplemental services not included in the AGREEMENT can be provided by COMPANY
under separate agreement, if desired.
4.0 Services by Others
N/A
5.0 Client Responsibilities
N/A
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6.0 Professional Services Fee
6.1 Fees
The fee for services will be based on COMPANY standard hourly rates current at the time
the AGREEMENT is signed. These standard hourly rates are subject to change upon 30
days' written notice. Non -salary expenses directly attributable to the project such as: (1)
living and traveling expenses of employees when away from the home office on business
connected with the project; (2) identifiable communication expenses; (3) identifiable
reproduction costs applicable to the work; and (4) outside services will be charged in
accordance with the rates current at the time the service is done.
6.2 Invoices
Invoices for COMPANY's services will be submitted, on a monthly basis. Invoices will be
due and payable upon receipt in accordance with the Illinois Prompt Payment Act 50ILCS
505, If any invoice is not paid within these timelines, COMPANY may, without waiving any
claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend
or terminate the performance of services.
6.3 Extra Services
Any service required but not included as part of this AGREEMENT shall be considered extra
services. Extra services will be billed on a Time and Material basis with prior approval of
the CLIENT.
6.4 Exclusion
This fee does not include attendance at any meetings or public hearings other than those
specifically listed in the Scope of Services. These service items are considered extra and
are billed separately on an hourly basis.
6.5 Payment
The CLIENT AGREES to pay COMPANY on the following basis:
Time and material basis with a Not to Exceed fee of $30,000.00.
7.0 Terms and Conditions
The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it.
7.1 Standard of Care
Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that
degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same
time and in the same or similar locality.
7.2 Entire Agreement
This AGREEMENT and its attachments constitute the entire understanding between CLIENT and COMPANY
relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or
representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this
AGREEMENT shall be in writing and signed by the parties to this AGREEMENT. If the CLIENT, its officers,
agents, or employees request COMPANY to perform extra services pursuant to this AGREEMENT, CLIENT will
pay for the additional services even though an additional written agreement is not issued or signed.
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7.3 Time Limit and Commencement of Services
This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein.
The services will be commenced immediately upon receipt of this signed AGREEMENT.
7.4 Suspension of Services
If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar
days, consecutive or in the aggregate, over the term of this AGREEMENT, the COMPANY shall be
compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of
suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for
expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule
and fees for the remainder of the Project shall be equitably adjusted.
If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the
COMPANY may terminate this AGREEMENT upon giving not less than five (5) calendar days' written notice to
the CLIENT.
If the CLIENT is in breach of this AGREEMENT, the COMPANY may suspend performance of services upon
five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the
CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach
of this AGREEMENT by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the
CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall
resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a
result of the suspension.
7.5 Books and Accounts
COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses
for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination
by CLIENT at the corporate office of COMPANY during that time.
7.6 Insurance
COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General
Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance
caused by the negligent performance by COMPANY's employees of the functions and services required under
this AGREEMENT.
7.7 Termination or Abandonment
Either party has the option to terminate this AGREEMENT. In the event of failure by the other party to perform
in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide
further services under this AGREEMENT may be terminated upon seven (7) days' written notice. If any portion
of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions
in regard to compensation and payment shall apply insofar as possible to that portion of the services not
terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for
services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of
such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for
termination costs.
7.8 Waiver
COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not
constitute a waiver of any other term, condition, or covenant, or the breach thereof.
7.9 Severability
If any provision of this AGREEMENT is declared invalid, illegal, or incapable of being enforced by any Court of
competent jurisdiction, all of the remaining provisions of this AGREEMENT shall nevertheless continue in full
force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed
herein.
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7.10 Successors and Assigns
All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties
hereto, and their respective successors and assigns, provided, however, that no assignment of this
AGREEMENT shall be made without written consent of the parties to this AGREEMENT.
7.11 Third -Party Beneficiaries
Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor
of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this
AGREEMENT are being performed solely for the CLIENT's benefit, and no other party or entity shall have any
claim against the COMPANY because of this AGREEMENT or the performance or nonperformance of services
hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors,
subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this
provision.
7.12 Governing Law and Jurisdiction
The CLIENT and the COMPANY agree that this AGREEMENT and any legal actions concerning its validity,
interpretation and performance shall be governed by the laws of the State of Illinois without regard to any conflict
of law provisions, which may apply the laws of other jurisdictions.
It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this
AGREEMENT or the performance of the services shall be brought in a court of competent jurisdiction in the
State of Illinois.
7.13 Dispute Resolution
Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or
following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising
out of or relating to this AGREEMENT shall be submitted to non -binding mediation unless the parties mutually
agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all
agreements with independent contractors and consultants retained for the project and to require all independent
contractors and consultants also to include a similar mediation provision in all agreements with subcontractors,
sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for
dispute resolution between the parties to those agreements.
7.14 Attorney's Fees
If litigation arises for purposes of collecting fees or expenses due under this AGREEMENT, the Court in such
litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto.
In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of
justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith.
7.15 Ownership of Instruments of Service
All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other
documents including all documents on electronic media prepared by COMPANY as instruments of service shall
remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following
completion/submission of the records, during which period they will be made available to the CLIENT at all
reasonable times.
7.16 Reuse of Documents
All project documents including, but not limited to, plans and specifications furnished by COMPANY under this
project are intended for use on this project only. Any reuse, without specific written verification or adoption by
COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless
COMPANY from all claims, damages and expenses including attorneys' fees arising out of or resulting
therefrom.
Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the
COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness
for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as
a result of the CLIENT's use or reuse of the electronic files.
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7.17 Failure to Abide by Design Documents or To Obtain Guidance
The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should
COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure
to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies,
ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing
COMPANY'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim
against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury
or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to
obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies,
ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications
or other instruments of service. The CLIENT also agrees to compensate COMPANY for any time spent and
expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and
expense reimbursement policy.
7.18 Opinion of Probable Construction Cost
As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to
construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not
a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of
probable construction costs be considered equivalent to the nature and extent of service a construction cost
estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions
as to actual conditions that will be encountered on site; the specific decisions of other design professionals
engaged; the means and methods of construction the contractor will employ; the cost and extent of labor,
equipment and materials the contractor will employ; contractor's techniques in determining prices and market
conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which
must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact,
the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable
construction cost.
7.19 Design Information in Electronic Form
Because electronic file information can be easily altered, corrupted, or modified by other parties, either
intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its
ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT
shall retain copies of the work performed by COMPANY in electronic form only for information and use by
CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT
or transferred to any other party, for use in other projects, additions to this project, or any other purpose for
which the material was not strictly intended by COMPANY without COMPANY's express written permission.
Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore,
the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages,
losses, expenses, and attorneys' fees arising out of the modification or reuse of these materials.
The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to
computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or
uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the
completeness or accuracy of any materials provided on electronic media after a 30-day inspection period, during
which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance
with the intent of the contract and specifications, After 40 days, at the request of the CLIENT, COMPANY shall
submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the
submitted electronic materials shall be subject to separate agreement. The CLIENT is aware that differences
may exist between the electronic files delivered and the printed hard -copy construction documents. In the event
of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the
signed or sealed hard -copy construction documents shall govern.
7.20 Information Provided by Others
The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and
instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports,
data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and
completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise
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as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants
and contractors.
COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic
media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The
CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any
damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected
in any way with the services performed by other consultants engaged by the CLIENT.
COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a
topographic survey provided by others will not be done under this AGREEMENT unless indicated in the Scope
of Services.
7.21 Force Majeure
The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any
delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY,
its consultants, agents, and employees harmless from any and all liability, other than that caused by the
negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of
this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather
disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; disease epidemic or
pandemic; failure of any government agency to act in a timely manner; failure of performance by the CLIENT or
the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions.
Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2)
inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by
the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a
reasonable adjustment in schedule and compensation.
7.22 Job Site Visits and Safety
Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub -
consultants at a construction site, shall relieve the general contractor and any other entity of their obligations,
duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or
procedures necessary for performing, superintending or coordinating all portions of the work of construction in
accordance with the contract documents and any health or safety precautions required by any regulatory
agencies. COMPANY and its personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or any health or safety precautions.
The CLIENT agrees that the general contractor is solely responsible for job site safety, and warrants that this
intent shall be made evident in the CLIENT's AGREEMENT with the general contractor. The CLIENT also
agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made
additional insureds on the general contractor's and all subcontractor's general liability policies on a primary and
non-contributory basis.
7.23 Hazardous Materials
CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or
existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or
any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in
connection with or related to this project with respect to which COMPANY has been retained to provide
professional services. The compensation to be paid COMPANY for said professional services is in no way
commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may
be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest
extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors,
employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether
direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or
resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic
chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere,
or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible
or intangible matter, whether sudden or not.
It is acknowledged by both parties that COMPANY'S Scope of Services does not include any services related
to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos
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or hazardous or toxic materials at the job site, or should it become known in any way that such materials may
be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services,
COMPANY may, at its option and without liability for consequential or any other damages, suspend performance
of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify,
abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full
compliance with applicable laws and regulations.
Nothing contained within this AGREEMENT shall be construed or interpreted as requiring COMPANY to assume
the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the
Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute
governing the generation, treatment, storage, and disposal of waste.
7.24 Certificate of Merit
The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against
COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an
independent design professional currently practicing in the same discipline as COMPANY and licensed in the
State in which the claim arises. This certification shall: a) contain the name and license number of the certifier;
b) specify each and every act or omission that the certifier contends is a violation of the standard of care
expected of a design professional performing professional services under similar circumstances; and c) state in
complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation.
This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation
of any claim or the institution of any judicial proceeding.
7.25 Limitation of Liability
In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks
have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of
the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -
consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from
any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total
aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders,
owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered
on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of
action however alleged or arising, unless otherwise prohibited by law.
7.26 Soliciting Employment
Neither party to this AGREEMENT will solicit an employee of the other nor hire or make an offer of employment
to an employee of the other that is working on this PROJECT, without prior written consent of the other party,
during the time this AGREEMENT is in effect.
7.27 Municipal Advisor
The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as
defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal
entity as defined by said Act, and the CLIENT requires project financing information for the services performed
under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent
registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can
be provided to the CLIENT upon request.
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This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties
signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed
agreement. COMPANY's services shall be limited to those expressly set forth in this
AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project
except as agreed to in writing. The effective date of the AGREEMENT shall be the last date
entered below.
Sincerely,
HR GREEN, INC.
Bruce A. Hill
Municipal Executive — Governmental Services — Engineering
Approved by:
Printed/Typed Name: Timothy J. Hartnett
President — Governmental Services /
Title: Principal Date: October 5, 2023
VILLAGE OF LEMONY �e
Accepted by: Z�Z_ -
Printed/Typed Name: Geo
Title: Village Administrator
Date: u - fy --21
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HR GREEN
Billing Rate Schedule
Effective January 1, 2023
Professional Services Agreement
Lemont, IL — PUBWKS
Grading, Basin, SS, WM (Construction Only)
FIR Green Project No.: 2303237
October 5, 2023
Page 9 of 9
Professional Services Billing Rate Range
Principal
$215- $350
Senior Professional
$210- $320
Professional
$150- $220
Junior Professional
$100- $150
Senior Technician
$135- $175
Technician
$80- $140
Senior Field Personnel
$155- $225
Field Personnel
$90- $170
Junior Field Personnel
$95- $145
Administrative Coordinator
$75-$125
Administrative
$75- $110
Corporate Admin $95- $150
Operators/Interns $70- $125
Reimbursable Expenses
1. All materials and supplies used in the performance of work on this project will be billed
at cost plus 10%.
2. Auto mileage will be charged per the standard mileage reimbursement rate
established by the Internal Revenue Service. Survey and construction vehicle mileage
will be charged on the basis of $0.85 per mile or $65.00 per day.
3. Charges for sub -consultants will be billed at their invoice cost plus 15%.
4. All other direct expenses will be invoiced at cost plus 10%.
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