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R-35-24 Approving Professional Services Agreement Between HRTEMONT TO: Village Board Meeting FROM: Ted Friedley, Public Works THROUGH: 9-35--2-� 418 Main Street I Lemont, IL 60439 SUBJECT: A Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for Stephen Street Retaining Wall Construction Engineering DATE: May 13, 2024 SUMMARY/BACKGROUND HR Green is assisting the Village with Construction Engineering Serivices for the Stephen Street Retaining Wall Project. As outlined in the Agreement, the following tasks are included: • Notice to Proceed • Final Documents • Client bid opening • Client Council award contract • Contractor Start • Project Completion The proposed agreement authorized HR Green, Inc. and the Village of Lemont to move forward with this project. The total not to exceed fees for the project are $65,000.00. 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 Village of Lemont for Stephen Street retaining wall construction engineering services BOARD ACTION REQUESTED Pass Resolution authorizing professional services agreement between HR Green, Inc. and Village of Lemont for Stephen Street retaining wall construction engineering services ATTACHMENTS A Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for Stephen Street Retaining Wall Construction Engineering.pdf VILLAGE OF LEMONT RESOLUTION NUMBER R- 6b-24 A RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS FOR STEPHEN STREET RETAINING WALL CONTRUCTION ENGINEERING JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DA VE MAHER KEN MCCLAFFERTY KEVIN SHA UGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on 5-1-52024 RESOLUTION NO. R- ,�2 -24 A RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS FOR STEPHEN STREET RETAINING WALL CONTRUCTION ENGINEERING 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 Stephen Street Retaining Wall Construction Engineering Services 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 Cleric 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 3 DAY OF 2024. Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton ATTEST: PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYES V` J CHARLENEI. SMOLLEN Village Clerk mmm ABSENT: ABSTAIN: JOHN EGOFSKE President Exhibit A Stephen Street Retaining Wall Construction Engineering Services Agreement HRGreen. PROFESSIONAL SERVICES AGREEMENT For Lemont, IL — Stephen Street Retaining Wall (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. 2303238.01 April 19, 2024 Version 2.3 02052021 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.3 02052021 Professional Services Agreement Lemont, IL — Stephen Street Retaining Wall (Const. Only) HR Green Project No.: 2303238.01 19, 2024 HRGreen® April pPage 1 of THIS AGREEMENT is between the Village of Posen (hereafter "CLIENT") and HR Green, Inc. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The CLIENT had a portion of the retaining wall under the BNSF rail line on Stephen Street collapse last year. The CLIENT wants to replace all of the retaining walls on Stephen Street (east & west sides of the roadway) to prevent any further portions of the wall from collapsing. Tentative totals of retaining wall replacement are =300' on the west side of Stephen Street and =280' on the east side. 80-85% of the proposed retaining wall falls on BNSF property so a permit from BNSF will be required. The CLIENT wants the proposed retaining wall to match the existing retaining wall that the MWRD put up at their entrance on the east side of Stephen Street. With the replacement of the existing retaining wall, the CLIENT will also be able to widen the roadway to provide a safer pedestrian pathway to get to the proposed park on the west side of Stephen Street north of the BNSF crossing. 1.2 Design Criteria/Assumptions • IDOT Standard Specifications for Road & Bridge Construction • Village of Lemont UDO • BNSF Guidelines 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 2.1 Provide Construction Layout services. 2.2 Provide Construction Observation services. 2.3 Provide Structural Inspection services. 2.4 Provide Monthly Pay Estimates according to IDOT/CLIENT specifications. 2.5 Provide a Final Inspection and prepare a Final Punchlist before closing out the project. 3.0 Deliverables and Schedules Included in this Agreement 1. Notice to Proceed — NTP...................................................................................... May 2024 2. Contractor Start (Anticipated — T.B.D.).............................................................. May 6, 2024 3. Project Completion Date............................................................................. August 30, 2024 Version2.3 02052021 HRGreen® Professional Services Agreement Lemont, IL — Stephen Street Retaining Wall (Const. Only) HR Green Project No.: 2303238.01 April 19, 2024 Page 2 of 4 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. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: N/A Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Seeco Consultants Inc. — QA HMA Testing Services 6.0 Client Responsibilities Provide COMPANY with list of addresses to be addressed with this project. 7.0 Professional Services Fee 7.1 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. 7.2 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. 7.3 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. Version2.3 02052021 HRGreen® 7.4 Exclusion Professional Services Agreement Lemont, IL — Stephen Street Retaining Wall (Const. Only) HR Green Project No.: 2303238.01 April 19, 2024 Page 3 of 4 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. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Time and material basis with a Not to Exceed fee of $65,000.00. 8.0 Terms and Conditions This Agreement is an addendum to and is considered part of the Master Agreement between CLIENT and COMPANY. All terms and conditions contained in that agreement apply to this Agreement. Version2.3 02052021 HRGreen® Professional Services Agreement Lemont, IL — Stephen Street Retaining Wall (Const. Only) HR Green Project No.: 2303238.01 April 19, 2024 Page 4 of 4 This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the 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 Title: Services — Engineering Date: April 19, 2024 Approved by:.o Printed/Typed Name: Timothy J. Hartnett President — Governmental Title: Services/Principal Date: April 19, 2024 VILLAGE OF POSEN Accepted by: Printed/Typed Name Georqe Schafer Title: Village Administrator Date: J:\2023\2303238.01 \Ad mi n\Contract\C I ient\2303238.01 _PSA_Lemont_IL Step hen_Street_Retai ni ng_W al I_Co nst. docx Version2.3 02052021