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R-98-24 Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont for 2025 RBI MFT Design and Construction Engineering4'16 Mein Street I I_err ont, IL 604:39 THROUGH: SUBJECT: A Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont for 2025 RBI MFT Design and Construction Engineering DATE: December 9, 2024 SUMMARY/BACKGROUND The Village of Lemont Public Works Department plans to use the remaining Rebuild Illinois Bond funds (RBI) on the yearly resurfacing program. The rest of the project will be paid for using Motor Fuel Tax funds (MFT). This agreement is for both Design Engineering and Consulting Engineering. The budget set for this project will be $1,000,000.00 and the design and construction engineering fees are based off percentages used by the Illinois Department of Transportation. Design Engineering will be 4% or $40,000.00 and Construction Engineering will be 7% or $70,000.00, for a total of $110,000.00. As outlined in the Agreement and IDOT Resolutions, the streets included in this year's resurfacing project will be: - Peiffer Road — Logan Street to State Street - Division Street — Methodist Church to State Street - Hickory Street — Logan Street to Short Street - Weimer Road — Walter Street to State Street - Kim Road — Oakwood School to Rosehill Avenue - Stephen Street — River Street to Industrial Park Drive ANALYSIS Consistency with Village Policy 5-Year Capital Improvement Plan (if applicable) STAFF RECOMMENDATION Pass Resolution Approving Professional Services Agreement Between HR Green, Inc. and Village of Lemont for 2025 RBI MFT Design and Construction Engineering BOARD ACTION REQUESTED Pass Resolution Approving Professional Services Agreement Between HR Green, Inc. and Village of Lemont for 2025 RBI MFT Design and Construction Engineering ATTACHMENTS A Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for 2025 RBI MFT Resurfacing Design and Construction Engineering.pdf VILLAGE OF LEMONT RESOLUT N NUMBER R- -24 A RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS FOR 2025 RBI MFT RESURFACING DESIGN AND CONSTRUCTION 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 = _-2024 RESOLUTION NO. R-q, q -24 A RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS FOR 2025 RBI MFT RESURFACING DESIGN AND 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 2025 RBI MFT Resurfacing Design and 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 0 COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS (�8 DAY OF 2024. Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYES 1� ✓J ATTEST: f' CHARLENE M. SMOLLEN Village Clerk a m, ABSENT: ABSTAIN: 41. J,,....� JOHN EGOFSKE President Exhibit A 2025 RBI MFT Resurfacing Design and Construction Engineering Agreement IlNnois Department of Transportafion Agreement For Using Federal Funds? ❑ Yes ® No MFT PE-CE LOCAL PUBLIC AGENCY Local Public Agency Engineering Services Agreement A rType Originalginal Local Public Agency Count _ Section Number Job Number Village of Lemont Cook � 24-00061-00-RS C� Project Number Contact Name Phone Number Email George Schafer (630) 257-1550 gschafer@lemont.il.us SECTION PROVISIONS Local Street/Road Name Key Route � Length h Structure Number Various Streets Location Termini F Add Location Various Remove Location Project Description Resurfacing various streets within the Village of Lemont including hot -mix asphalt surface removal, hot -mix asphalt resurfacing, pavement patching, concrete curb and gutter removal and replacement, sidewalk removal & replacement, and all incidental and collateral work. Engineering Funding ❑ MFT/TBP ❑ State ® Other LOCaI Anticipated Construction Funding ❑ Federal ® MFT/TBP ❑ State ® Other RBI AGREEMENT FOR ❑ Phase I - Preliminary Engineering ® Phase II - Design Engineering ® Phase III - Construction Engineering CONSULTANT Prime Consultant Firm Name Contact Name Phone Number Email HR Green, Inc. Akram Chaudhry (815) 759-8310 achaudhry@hrgreen.com Address city State Zip Code 1391 Corporate Drive, Suite 203 McHenry I IL 60050 THIS AGREEMENT IS MADE between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT," will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an individual, partnership, firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT. The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the construction PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Completed 11/14/24 Page 1 of 9 BLR 05530 (Rev. 07/08/22) AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: © EXHIBIT A: Scope of Services XD EXHIBIT B: Project Schedule Z EXHIBIT C: Qualification Based Selection (QBS) Checklist EXHIBIT D: Cost Estimate of Consultant Services (CECS) Worksheets (BLR 05513 or BLR 05514 ) EXHIBIT : Direct Costs Check Sheet (attach BDE 436 when using Lump Sum on Specific Rate Compensation) THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. If higher -salaried personnel of the firm, including the Principal Engineer, perform services to be performed by lesser - salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA: (a) For Preliminary and/or Design Engineering: The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. (b) For Construction Engineering: The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the LPA employee In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work to date. Such invoices shall represent the value, to the LPA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work. 7. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US Department of Transportation (US DOT) assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 8. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 9. For Preliminary Engineering Contracts: (a) To attend meetings and visit the site of the proposed improvement when requested to do so by representatives of the LPA or the DEPARMENT, as defined in Exhibit A (Scope of Services). (b) That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by the ENGINEER and affixed the ENGINEER's professional seal when such seal is required by law. Such endorsements must be made by a person, duly licensed or registered in the appropriate category by the Department of Professional Regulation of the State of Illinois. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the DEPARTMENT. (c) That the ENGINEER is qualified technically and is thoroughly conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated in Exhibit A (Scope of Services). 10. For Construction Engineering Contracts: (a) For Quality Assurance services, provide personnel who have completed the appropriate STATE Bureau of Materials QC/QA trained technical classes. (b) For all projects where testing is required, the ENGINEER shall obtain samples according to the STATE Bureau of Materials "Manual of Test Procedures for Materials," submit STATE Bureau of Materials inspection reports; and verify compliance with contract specifications. 11. That the engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT (See DIRECT COSTS tab in BLR 05513 or BLR 05514). Completed 11/14/24 Page 2 of 9 BLR 05530 (Rev. 07/08/22) 11. THE LPA AGREES, 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Professional Services Selection Act (50 ILCS 510) (Exhibit C). 2. To furnish the ENGINEER all presently available survey data, plans, specifications, and project information. 3. For Construction Engineering Contracts (a) To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. (b) To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized. 4. To pay the ENGINEER: (a) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final Payment - Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. (c) For Non -Federal County Projects - (605 ILCS 5/5-409) (1) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER. Such payments to be equal to the value of the partially completed work in all previous partial payments made to the ENGINEER. (2) Final payment - Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE, a sum of money equal to the basic fee as determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 5. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation ❑ Percent A sum of money equal to percent of the awarded contract cost of the proposed improvements as approved by the DEPARTMENT (Maximum Fee $40,000) (For federal funds the lump sum shall be ❑ Lump Sum determined using the Cost Plus Fixed Fee Formula.) ❑ Specific Rate (Maximum Fee $150,000) ❑ Cost plus Fixed Fee: Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF = ( 0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. Field Office Overhead Rates: Field rates must be used for construction engineering projects expected to exceed one year in duration or if the construction engineering contract exceeds $1,000,000 for any project duration. 6. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.0 3801 et seq.). III. IT IS MUTUALLY AGREED, To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT; the FHWA or any authorized representative of the federal government, and to provide full access to all relevant materials. Completed 11/14/24 Page 3 of 9 BLR 05530 (Rev. 07/08/22) Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 2. The the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the DEPARTMENT, and their officers, agents and employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery. The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. 4. In the event that the DEPARTMENT stops payment to the LPA, the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty (30) calendar days, consecutive or in aggregate, over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of suspension. In addition, upon the resumption of services the LPA shall compensate the ENGINEER, for expenses incurred as a result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA, the DEPARTMENT, and their officers, employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 7. The ENGINEER and LPA certify that their respective firm or agency: (a) has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for the LPA or the ENGINEER) to solicit or secure this AGREEMENT, (b) has not agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c) has not paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for the LPA or the ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. (d) that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e) has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (e) and (g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State, local) terminated for cause or default. 8. Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification, an explanation shall be attached to this AGREEMENT. 9. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party. Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes included but are not limited to: acts of God or a public enemy; acts of the LPA, DEPARTMENT or other approving party not resulting from the ENGINEER's unacceptable services; fire; strikes; and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE, the ENGINEER shall apply in writing to the LPA for an extension of time. If approved, the PROJECT SCHEDULE shall be revised accordingly. 10. This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to suspension of contract or Completed 11/14/24 Page 4 of 9 BLR 05530 (Rev. 07/08/22) grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one (1) year but not more than (5) years. For the purpose of this certification, "grantee" or "Contractor" means a corporation, partnership or those entity with twenty-five (25) or more employees at the time of issuing the grant or a department, division or other unit thereof, directly responsible for the specific performance under contract or grant of $5,000 or more from the DEPARTMENT, as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy to maintain a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (b) paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the DEPARTMENT agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B. Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future project. The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 11. Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). 12. For Preliminary Engineering Contracts: (a) That tracing, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts, CADD files, related electronic files, and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request to the LPA or to the DEPARTMENT, without restriction or limitation as to their use. Any re -use of these documents without the ENGINEER involvement shall be at the LPA's sole risk and will not impose liability upon the ENGINEER. (b) That all reports, plans, estimates and special provisions furnished by the ENGINEER shall conform to the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Manual or any other applicable requirements of the DEPARTMENT, it being understood that all such furnished documents shall be approved by the LPA and the DEPARTMENT before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 13. For Construction Engineering Contracts: (a) That all services are to be furnished as required by construction progress and as determined by the LPA employee In Responsible Charge. The ENGINEER shall complete all services herein within a time considered reasonable to the LPA, after the CONTRACTOR has completed the construction contract. (b) That all field notes, test records and reports shall be turned over to and become the property of the LPA and that during the performance of the engineering services herein provide for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. (c) That any differences between the ENGINEER and the LPA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LPA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. (d) That in the event that engineering and inspection services to be furnished and performed by the LPA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE Completed 11/14/24 Page 5 of 9 BLR 05530 (Rev. 07/08122) shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LPA. (e) Inspection of all materials when inspection is not provided at the sources by the STATE Central Bureau of Materials, and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials "Project Procedures Guide" and the policies of the STATE. AGREEMENT SUMMARY Prime Consultant (Firm) Name TIN/FEIN/SS Number Agreement Amount HR Green, Inc. 42-09217176 1 $110,000.00 Subconsultants TIN/FEIN/SS Number Agreement Amount Subconsultant Total Prime Consultant Total $110,000.00 Total for all work $110,000.00 AGREEMENT SIGNATURES Executed by the LPA: Local Public Agency Type Local Public Agency Attest: The Village Iof Village of Lemont (SEAL) Executed by the ENGINEER: Prime Consultant (Firm) Name Attest: JHR Green, Inc. B Si n�atu�re� ,& Date 1214124 Title Administrative Manager APPROVED: Re Tonal Enclineer, Department of Transportation (Signature & Date B Si nature & Date Ti e B (Signature & Date J. #Xaete 12/4/2024 Title President - Governmental Services/Principal Completed 11/14/24 Page 6 of 9 BLR 05530 (Rev. 07/08/22) Local Public Agency Prime Consultant Firm Name County Section Number Village of Lemont HR Green, Inc. Cook 24-00061-00-RS EXHIBIT A SCOPE OF SERVICES To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before described and enumerated below See Attachment A for Scope of Services Completed 11/14/24 Page 7 of 9 BLR 05530 (Rev. 07/08/22) Professional Services Agreement ATTACHMENT A 2025 Resurfacing HRG Project: 2403492 HRGr,een,,Page 1 of 10 THIS AGREEMENT is between VILLAGE OF LEMONT (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The project is located on the streets listed below the jurisdiction of the CLIENT. The improvement will consist of asphalt pavement resurfacing, pavement patching, concrete curb removal and replacement, sidewalk removal and replacement, and miscellaneous items to complete the project. The streets include: - Peiffer Road, Division Street, Hickory Street, Weimer Road, Kim Road, Stephen Street COMPANY understands that the CLIENT requires Preliminary Engineering and Construction Engineering services for the proposed improvements. This work will include Preliminary Engineering tasks required for the preparation of proposal documents, quantities of work, typical sections, construction details, project specifications, construction cost estimates, preparation of proposal booklet for bidding, and all other related work necessary to complete the proposal documents. Preparation of Preliminary Engineering documents will follow CLIENT and Illinois Department of Transportation (IDOT) MFT standards and procedures. COMPANY will also provide a qualified Construction Engineer to observe and verify that items being constructed and materials being utilized are in general conformance with the approved plans and specifications, the IDOT Standard Specifications for Road and Bridge Construction, and the Manual on Uniform Traffic Control Devices for Streets and Highways; latest edition. 1.2 Design Criteria/Assumptions The engineering and contract documents will be developed according to the applicable requirements within the following design guidelines: a) Bureau of Local Roads and Streets (BLR) Manual; and b) Village ordinances (as applicable). 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 2.1 PRELIMINARY ENGINEERING A. Initial Kickoff Meeting COMPANY and the CLIENT will meet to ascertain that the scope of services is clearly defined to maintain the project schedule. Version2.3 02052021 HR `reen Professional Services Agreement 2025 Resurfacing HRG Project: 2403492 Page 2 of 10 B. Roadway Design COMPANY will perform a thorough field evaluation of the streets to be improved. The field evaluation will obtain measurements and define the pavement improvement strategy. Roadway typical sections, location maps, and construction details will be developed showing resurfacing limits and related improvements. COMPANY will coordinate with the CLIENT to design a Hot Mix Asphalt (HMA) pavement that meets CLIENT and IDOT standards. C. Special Provisions COMPANY will prepare contract special provisions for the project. The document will include Supplemental, Recurring, BLR, BDE, and project specific special provisions, as necessary. The project specific special provisions will be written to cover any items not covered by the Standard Specifications for Road and Bridge Construction. D. Maintenance of Traffic An analysis of how the proposed improvements will be constructed and the maintenance of traffic and facilities will be discussed with the CLIENT. It is assumed applicable IDOT Highway Standards will be used for traffic control and protection during construction. It is anticipated that construction may require day -time lane closures. Maintenance of traffic specifications and notes will identify and define the allowable contractor operations, and the required traffic control devices will be included in the bidding documents. Construction sequencing procedures will be detailed in the plans and specifications to ensure that temporary access to driveways are provided at the end of each work day. E. Construction Cost Estimates Opinions of probable construction cost will be developed and refined throughout the design process so that the CLIENT has the latest cost estimate. These costs will be determined using pay items and the latest historical unit prices available for the area. F. Bidding Assistance and Recommendation to Award COMPANY will prepare the Computer Data form and schedule the advertisement dates though IDOT as well as the local newspaper. COMPANY will prepare reproducible plans and bidding documents and respond to questions during the bidding process. At the bid opening, COMPANY will open and read aloud the results of each Contractor's bid and announce an apparent low bidder. Following the bid opening, COMPANY will examine the bid documents and perform calculation checks of each Contractor to confirm the low bidder and generate bid tabulations. Subsequently, COMPANY will coordinate with the low bidder and obtain the executed Contract and Contract Bond documents from the Contractor. COMPANY will combine and prepare the completed Contract documents and submit to CLIENT for execution and approval from the Board. Version2.3 02052021 Professional Services Agreement 2025 Resurfacing HRG Project: 2403492 HRGreen.,, Page 3 of 10 2.2 CONSTRUCTION ENGINEERING A. Contract Progress 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 IDOT Standard Specifications for Road and Bridge Construction. During major items of work for hot -mix asphalt paving work, COMPANY will be on -site on a full-time basis and on a part-time basis for the various other minor preparatory work items. COMPANY will verify that all materials incorporated into this project are [DOT 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. B. Final Payment Estimate, Punchlist and Project Closeout COMPANY will measure and document contract quantities, complete payment estimates, and change orders. COMPANY will verify that all materials incorporated into the project are IDOT approved materials and are in accordance with the Special Provisions of this contract. COMPANY will prepare for approval all change orders and pay estimates following IDOT standards and procedures. Once substantial completion of the work has been completed by the contractor, COMPANY will review the project on site and produce a punchlist. The punchlist will be submitted to the contractor and will contain a detailed list of ancillary work that needs to be addressed before final acceptance of the project. The list is typically comprised of clean-up work, minor repairs and incidental features. Project Closeout includes the preparation of final job records. All quantity measurements and calculations will be checked and cross referenced, evidence of material inspection will be finalized, and field books and records will be indexed and boxed for final submittal. COMPANY will prepare final change orders and final pay estimates for approval and coordinate with IDOT to finalize project closeout. In addition, the final report and maintenance expenditure statement as required for IDOT documentation will be prepared and submitted to the CLIENT and IDOT for finalizing the authorized MFT funding. C. Project Administration, Coordination and Meetings Project Administration and Coordination will involve the management oversight of the project which will include the on -going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between COMPANY, the CLIENT, and the general contractor. Project coordination work will include: 1. The scheduling of an initial preconstruction meeting with the CLIENT and the Contractor to review the overall project and scope of work to ensure that the goals and objectives of the CLIENT will be satisfied. 2. Project documentation is also critical to project success. COMPANY will prepare/distribute meeting minutes of all meetings attended which will detail the discussions of attendees along with the action required of the attendees. Version2.3 02052021 Professional Services Agreement 2025 Resurfacing HRG Project: 2403492 HRGreen , Page 4 of 10 3.0 Deliverables and Schedules Included in this Agreement COMPANY will prepare the contract documents for an anticipated bid opening in February 2025 with construction to begin in Spring 2025. 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: 1. Environmental permitting / coordination; Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others COMPANY will engage a sub consultant to perform material testing services for quality assurance verification and testing of the hot -mix asphalt resurfacing items for the project. 6.0 Client Responsibilities CLIENT shall provide the following items: 1. Review of plans, specifications and information submitted by the Engineer. 7.0 Professional Services Fee 7.1 Fees See Article 7.5 Payment for breakdown of the fee services. 7.2 Invoices Invoices for the COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt in accordance with Illinois Prompt Payment Act 50 ILCS 505. 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 HRree 1 7.4 Exclusion Professional Services Agreement 2025 Resurfacing HRG Project: 2403492 Page 5 of 5 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: Lump sum amount per the following breakdown based on estimated construction cost of $1,000,000: Preliminary Engineering (4.0%): $40,000 Construction Engineering (7.0%): $70,000 TOTAL: $110,000 * Construction engineering fee to be based on final construction cost and includes material testing services. 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 Local Public Agency Prime Consultant Firm Name County Section Number Village of Lemont HR Green, Inc. Cook 24-00061-00-RS EXHIBIT B PROJECT SCHEDULE Local Bid Opening: February 2025 Construction: Spring 2025 Completed 11/14/24 Page 8 of 9 BLR 05530 (Rev. 07/08/22) Local Public Agency Prime Consultant Firm Name County Section Number Village of Lemont — HR Green, Inc. Cook 24-00061-00-RS Exhibit C Qualification Based Selection (QBS) Checklist The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed. Under the threshold, QBS requirements do not apply. The threshold is adjusted annually. If the value is under the threshold with federal funds being used, federal small purchase guidelines must be followed. © Form Not Applicable (engineering services less than the threshold) Completed 11/14/24 Page 9 of 9 BLR 05530 (Rev. 07/08/22)