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R-65-24 Approving Professional Services Agreement Between HR Green, Inc., and the Village of Lemont, Illinois for 2024 MFT Resurfacing Construction EngineeringTHROUGH: SUBJECT: A Resolution Approving Professional Services Agreement Between HR Green, Inc., and the Village of Lemont, Illinois for 2024 MFT Resurfacing Construction Engineering DATE: August 26, 2024 SUMMARY/BACKGROUND HR Green, Inc. is assisting the Village with Construction Engineering for the 2024 MFT Resurfacing Project. HR Green will provide Construction Observation services on a time and material, not -to - exceed contract basis as outlined in the proposal. The hours provided are based on 30 working days. The Schedule for this project is as follows: • Notice to Proceed - August 2024 • Contractor Stert - August 2024 • Project Completion Date - November 30, 2024 The proposed agreement authorizes HR Green, Inc. and the Village of Lemont to move forward with the project. The total not to exceed fees for the project are $85,000.00. ANALYSIS This project has been identified in the 5-Year Capital Improvement Program and $238,460 is included in the FY25 Budget for Resurfacing Engineering 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, Illinois for 2024 MFT Resurfacing Construction Engineering BOARD ACTION REQUESTED Pass Resolution Authorizing Professional Services Agreement Between HR Green, Inc., and Village of Lemont, Illinois for 2024 MFT Resurfacing Construction Engineering ATTACHMENTS A Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for 2024 MFT Resurfacing Construction Engineering.pdf VILLAGE OF LEMONT RESOLUTION NUMBER R- b-24 A RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS FOR 2024 MFT RESURFACING CONSTRUCTION ENGINEERING JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DA VE MAHER KEN MCCLAFFERTY KE VIN 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 "_ _ 024 RESOLUTION NO. R- -24 A RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS FOR 2024 MFT RESURFACING CONSTRUCTION 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 2024 MFT Resurfacing 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 frilly 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 0 DAY OF _ 2024. Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton ATTEST: PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYES V 1,10 CHARLEN M. SMOLLEN Village Clerk ABSENT: ABSTAIN: JOHN EGOFSKE President Exhibit A 2024 MFT Resurfacing Construction Engineering Agreement H RC�'r en PROFESSIONAL SERVICES AGREEMENT For Lemont, IL - 2024 MFT Resurfacing (Construction) 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. 2303922.01 August 5, 2024 Version 2.3 02052021 TABLE OF CONTENTS 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 Version2.3 02052021 -h --i �,e Professional Services Agreement Lemont, IL - 2024 MFT Resurfacing (Con) HR Green Project No.: 2303922.01 August 5, 2024 Page 1 of 5 THIS AGREEMENT is between the Village of Lemont (hereafter "CLIENT") and HR Green, Inc. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The CLIENT has a yearly street resurfacing program. The CLIENT picks the streets and sets the limits for each street. 1.2 Design Criteria/Assumptions • IDOT Standard Specifications for Road & Bridge Construction • Village of Lemont Code 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: COMPANY will provide Construction Observation Services on a time and material, not -to - exceed contract amount basis. The man-hours provided for construction observation are based upon COMPANY providing the CLIENT with construction observation services for the 2024 MFT Resurfacing Project. The hours provided are based on 30 working days. Any additional work due to an extended schedule dictated by the contractor's performance or unanticipated work due to site conditions could warrant a contract addendum. The following is a breakdown of the various tasks associated with the construction observation which will be completed by COMPANY. A. Start Up COMPANY will complete a preconstruction video of the proposed construction area to document the existing conditions prior to the start of construction. COMPANY will ensure that the project details, construction timelines, and any impacts that the project may create will be coordinated with the CLIENT prior to the start of construction. COMPANY will mark, measure, and document contract removal pay items prior to the contractor starting work. COMPANY anticipates a Construction Engineer will be onsite for approximately sixty (60) hours to complete the above noted coordination and construction preparation. A total of a total of sixty (60) hours have been allotted to complete the project start up. Version2.3 02052021 Professional Services Agreement Lemont, IL - 2024 MFT Resurfacing (Con) FIR Green Project No.: 2303922.01 August 5, 2024 Page 2 of 5 B. Construction Observation COMPANY will be on -site to observe and verify that items being constructed and materials being utilized are in general conformance with the approved plans and specifications and the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction. COMPANY will complete Inspector's Daily Reports (IDRs) and a daily diary, measure and document contract quantities, complete payment estimates, change orders, and weekly reports. COMPANY will verify that all materials incorporated into this project are IDOT approved and evidence of material inspection is in compliance with the Project Procedures Guide and Special Provisions of this contract. COMPANY shall keep the CLIENT informed as to the progress of construction. COMPANY anticipates that a Construction Engineer will be onsite approximately forty (40) hours per week for approximately ten (10) weeks. An additional twenty-five (25) hours total have been allocated to a Senior Project manager to provide support to the Construction Engineer during construction observation operations. A total of four - hundred twenty-five (425) hours have been allotted for daily field construction observation for this project. C. Meetings COMPANY will attend the preconstruction meeting at the CLIENT with the contractor and subcontractors. A total often (10) hours have been allotted for the Senior Project Manager to attend the preconstruction meeting and prepare the agenda and complete the meeting minutes for two (2) additional construction progress meetings. D. Administration/Coordination This task will involve the oversight of the project by management, which will include the on -going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between COMPANY, CLIENT, the contractor, and subcontractors. COMPANY has allotted sixteen (16) hours for the Senior Project Manager and administrative support for the project. E. Project Close Out COMPANY anticipates approximately eighty (80) hours to complete the project closeout and final documentation for this project. This task includes the preparation of final job records, completion of punch list, final payment estimate, final change order, and all necessary coordination with IDOT to close out the MFT section number. F. Material Testing Seeco Consultants, Inc. will provide the Quality Assurance Material Testing Services for this project. Quality Assurance testing for asphalt and concrete shall be completed in accordance with IDOT QC/QA requirement. Version2.3 02052021 Professional Services Agreement Lemont, IL - 2024 MFT Resurfacing (Con) HR Green Project No.: 2303922.01 August 5, 2024 Page 3 of 5 Disclaimer COMPANY shall not supervise, direct or have any control over the contractor's work. COMPANY shall not have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the contractor. Also, COMPANY is not responsible for the contractor's safety precautions or programs in connection with this work. These rights and responsibilities are solely those of the contractor. COMPANY shall not be responsible for any acts or omissions of the contractor, subcontractor or any entity performing any portion or the work, or any agents or employees of any of them. COMPANY does not guarantee the performance of the contractor and shall not be responsible for the contractor's failure to perform its work in accordance with the contract drawings and documents. 3.0 Deliverables and Schedules Included in this Agreement Notice to Proceed — NTP................................................................................. August, 2024 Contractor Start (Anticipated — T.B.D.).............................................................August, 2024 Project Completion Date....................................................................... November 30, 2024 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 (an additional agreement will be proposed for construction engineering once the low bidder has established their project schedule): 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. will perform the following services: Provide QA Testing Services 6.0 Client Responsibilities N/A Version2.3 02052021 Professional Services Agreement Lemont, IL - 2024 MFT Resurfacing (Con) HR Green Project No.: 2303922.01 August 5, 2024 Page 4 of 5 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. 7.4 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. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Time and Material basis with a Not to Exceed fee: $85,000.00. 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 C� 'been Professional Services Agreement Lemont, IL - 2024 MFT Resurfacing (Con) HR Green Project No.: 2303922.01 August 5, 2024 Page 5 of 5 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. ",I4 4---, Bruce A. Hill Municipal Executive — Governmental Services — Engineering Approved by: )"d. Printed/Typed Name: Timothy J. Hartnett President — Governmental Services / Title: Principal Date: August 5, 2024 VILLAGE OF LEMONT Accepted by: Printed/Typed Name G /ora Schafer Title: Villaqe Administrator Date: -)— J:\2023\2303922.01\Admin\Contract\ClientTSA_2303922.01Lemont IL-2024 MFT Resurfacing (Con)-7.30.2024.docx Version2.3 02052021