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R-15-25 Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for Lead Service Line Replacement Phase 2 Design Services1' 418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Ted Friedley, Public Works THROUGH: SUBJECT: A Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for Lead Service Line Replacement Phase 2 Design Services DATE: February 24, 2025 SUMMARY/BACKGROUND Staff has been working with HR Green, Inc. to develop and implement the recently passed legislation by the State of Illinois Environmental Protection Agency regarding replacement of lead service lines. The Village is required to complete Village -wide replacement of lead service lines to meet the Lead Service Line Replacement and Notification Act. The Village is estimating that, in the worst -case scenario, approximately 500 properties will require water service line replacement. This agreement focuses on Phase 2 of the project plan, which includes design and engineering services for 26 lead service line replacements. It should be noted that the quantity of lead service line replacements required for future phases will be based on the confirmed quantity of lead service lines, as determined by the updated lead service line inventory. As outlined in the Agreement, the following deliverables and schedule are included in this agreement. Notice to Proceed-NTP- March 2025 Kick-off meeting with client- March 2025 External Spot Survey- April -May 2025 Submit 60% design documents to Client- September 2025 Review meeting for 60% design- September 2025 Submit 100% final documents to Client- November 2025 Submit to IEPA for loan approval- November 2025 Obtain loan commitment- January 2026 Advertise for bids- February 2026 Bid opening- March 2026 Submit bids received information to IEPA for approval- March 2026 Notice to proceed to contractor after receipt of IEPA approval -April 2026 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 $42,626.00. ANALYSIS This project was not included in the FY25 Budget; However, this has been included in the Capital Improvement Plan to begin in FY26 and also in the FY26 Budget. Consistency with Village Policy 5-Year Capital Improvement Plan (if applicable) STAFF RECOMMENDATION Pass Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for Lead Service Line Replacement Phase 2 Design Services BOARD ACTION REQUESTED Pass Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for Lead Service Line Replacement Phase 2 Design Services ATTACHMENTS A Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for Lead Service Line Replacement Phase 2 Design Services.pdf VILLAGE OF LEMONT RESOLUTION NUMBER R- 1.5 -25 A RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS FOR LEAD SERVICE LINE REPLACEMENT PHASE 2 DESIGN SERVICES JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DAVE MAHER KEN MCCLAFFERTY KEVIN SHAUGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on2-'4-2025 RESOLUTION NO. R- -25 A RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS FOR LEAD SERVICE LINE REPLACEMENT PHASE 2 DESIGN SERVICES 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 Lead Service Line Replacement Phase 2 Design 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 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 LEMONY COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS 2-4 DAY OF re rj aG 2025. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYES: ABSENT: ABSTAIN: Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton ATTEST: CHARLENE M. SMOLLEN Village Clerk OF vr-AL 2 /LLINvfl®ca i� JOHN EGOFSKE President Exhibit A Lead Service Line Replacement Phase 2 Design Services HRGreen PROFESSIONAL SERVICES AGREEMENT For Lead Services Line Replacement Phase 2: Design Services for Lead Service Line Replacement Mr. Ralph Pukula Director of Public Works Village of Lemont 418 Main Street Lemont, Illinois, 60439 630-257-2532 Mr. Ravi Jayaraman, Regional Manager HR Green, Inc. 1391 Corporate Drive, Suite 203 McHenry, Illinois, 60050 HR Green Project Number: 2402475.01 February 17, 2025 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 Phase 2: Design Services for Lead Service Line Replacement 2402475.01 February 2025 H RGreen ® Page 1of 8 THIS AGREEMENT is between VILLAGE OF LEMONT (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The CLIENT is required to complete Village -wide replacement of lead service lines to meet the Lead Service Line Replacement and Notification Act (Public Act 102-0613). The COMPANY had previously assisted the CLIENT with the development of a Project Plan for lead service line replacement, which included a preliminary phasing plan (Phase 0 through 15). For this AGREEMENT, the CLIENT is requesting for the COMPANY to provide Phase 2 design engineering services for 26 lead service lines. Partial lead service line replacements are prohibited by State law; therefore, if the property owner refuses for the CLIENT to replace the entire service line, the property owner must complete and sign the Illinois Department of Public Health's (IDPH) Waiver of Complete Lead Service Line Replacement. 1.2 Design Criteria/Assumptions • The lead service line replacement shall be designed to follow the most current version of AWWA C810-17: Replacement and Flushing of Lead Service Lines. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Meetings QA/AC, Project Management and Coordination 1. Conduct a virtual kick-off meeting with CLIENT, using Teams, to review the project scope, schedule, and to discuss key elements. CLIENT will provide COMPANY with a list of addresses for Phase 2 design services. 2. Collect maps, shapefiles, drawings, specifications, reports, and other pertinent information from CLIENT. 3. Provide project management throughout the project duration; project duration is estimated to be approximately 8 months. 4. Provide Quality Control and Quality Assurance services. 5. Review and progress meetings with CLIENT (Limited to 1 review meeting for 60% documents and 1 additional design progress/review meeting at the CLIENT's discretion. A total of two 1-hour Teams design review meetings are included in the proposal.) Design Services Version2.3 02052021 Professional Services Agreement Phase 2: Design Services for Lead Service Line Replacement 2402475.01 H RGreen . FebruaPage 2 of 8 1. Prior to COMPANY initiating spot survey services, CLIENT to obtain written confirmation from each property owner that they agree for CLIENT to replace the entire service line. 2. Property Survey a. External Spot Survey: COMPANY will collect the following: i. Tree sizes and tree locations within the parkway/ROW in front of the properties requiring water service replacement ii. Spot survey on water valve vaults to verify which side of the street the watermain is located on iii. Locate Curb boxes, sanitary cleanouts, edge of driveways, and identify street material iv. Locate foundation corners of the houses v. Photographs of curb box, the house, extensive landscaping, etc. b. In -Home Inspection: Based on discussions with the CLIENT during Phase 1 design services„ in -home inspections are not requested . COMPANY has not included budget for in -home inspections. If in -home inspections are required, the required inspection services can be provided by COMPANY under separate agreement. 3. Prepare Summary Plan Sheet for Each Property which includes the following: a. Property address b. Approximate location of existing water service line and curb box C. d. Approximate location of trees within the parkway e. Proposed location for the public water service line and curb box. Note: Contractor will be required to identify the best route for the private water service line f. Photograph of curb box location 4. Prepare bid specifications per Illinois Environmental Protection Agency (IEPA) Standards. Create a summary of quantities sheet. Create plan set with location map, summary plan sheets for each property, and proposed details for bidding. Prepare project specific special provisions per IEPA requirements. 5. Meet with CLIENT to review comments on 60% submittal and prepare 100% contract documents. Prepare opinion of probable construction 6. Coordinate with regulatory agencies as needed to obtain necessary permits. 7. Assist CLIENT with IEPA SRF loan application, documentation, and correspondence necessary for CLIENT to obtain the SRF loan. 8. Develop a project schedule for advertisement, bidding and construction completion. 9. Submit 3 hard copy sets of the final bid set drawings and contract documents and a complete electronic set. Bid Phase Services 1. Provide construction documents to prospective bidders. 2. Maintain a record of parties to whom bidding documents have been issued. 3. Correspond with prospective bidders, suppliers, and other interested parties with questions and comments during the bid period. Issue addenda as appropriate to interpret, clarify, or expand bidding documents. 4. Attend bid opening and assist CLIENT with opening of bids. Version2.3 02052021 Professional Services Agreement Phase 2: Design Services for Lead Service Line Replacement 2402475.01 H RGreen . FebruaPage 3 of 8 5. Prepare bid tabulation sheets and distribute to CLIENT and plan holders. 6. Assist CLIENT with evaluation of bids. Prepare a recommendation for award of contract. 7. Prepare construction contract documents and submit to contractor for completion. Illinois EPA Public Water Supply Loan Program 1. The CLIENT is anticipating the Project to be funded through the Illinois EPA Public Water Supply Loan program (PWSLP) and the COMPANY shall maintain books, records, documents, and other evidence directly pertinent to performance of PWSLP loan work under this Agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards. The Illinois EPA or any of its authorized representatives shall have access to books, records, documents, and other evidence for the purpose of inspection, audit, and copying. Facilities shall be provided for access and inspection. Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. Information and reports resulting from access to records pursuant to this section shall be disclosed to the Illinois EPA. The COMPANY shall have an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report shall include the written comments, if any, of the audited parties. • Books, records, documents, and other evidence directly pertinent to performance of PWSLP loan work under this Agreement shall be maintained consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards. The Agency or any of its authorized representatives shall have access to the books, records, documents, and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. • Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. • Information and reports resulting from access to records pursuant to subsection (1) above shall be disclosed to the Agency. The auditing agency shall afford the COMPANY an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report shall include the written comments, if any, of the audited parties. Records under this section shall be maintained and made available during performance of project services under this Agreement and for three years after the final loan closing. In addition, those records that related to any dispute pursuant to Section 664.650 of the procedures for issuing loans from the PWSLP, litigation, the settlement of claims arising out of project performance, costs or items to which an audit exception has been taken shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Version2.3 02052021 Professional Services Agreement Phase 2: Design Services for Lead Service Line Replacement 2402475.01 ry 17, 2025 H RGreen m FebruaPage 4 of 8 The COMPANY warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the CLIENT shall have the right to annul this Agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 2. The COMPANY agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction, and services in accordance with Loan Rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA, the COMPANY acknowledges that the fair share percentages are 5% for MBEs and 12% for WBEs. The COMPANY shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The COMPANY shall carry out applicable requirements of 40 CRF Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the COMPANY to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 3.0 Deliverables and Schedules Included in this Agreement The Project shall be initiated upon authorization by CLIENT, the estimated project schedule is as follows: 1. Notice to Proceed — NTP .........................................................March 2025 2. Kick-off meeting with CLIENT...................................................March 2025 3. External Spot Survey..............................................................April-May 2025 4. Submit 60% design documents to CLIENT ................................. September 2025 5. Review meeting for 60% design ................................................September 2025 6. Submit 100% final documents to CLIENT ................................. November 2025 7. Submit to IEPA for Loan Approval.............................................November 2025 8. Obtain Loan Commitment...................................................... January 2026 9. Advertise for Bids..................................................................February 2026 10. Bid Opening........................................................................ March 2026 11. Submit Bids Received Information to IEPA for Approval ............... March 2026 12. NTP to Contractor after IEPA Approval .................................... April 2026 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. Version2.3 02052021 Professional Services Agreement Phase 2: Design Services for Lead Service Line Replacement 2402475.01 H RGreen . February age 5 of 8 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: • Property boundary research, including subdivision maps, right-of-way widths, property lines, and property ownership information other than readily available property line information from the County. • Site survey to identify property lines • Replacement of water main, fittings, hydrants, or other water utility infrastructure. • Sidewalk replacement design to meet PROWAG standards. • Sanitary sewer line, sump pump/storm drainage lines, gas, electrical or any other service line replacement. • In -home inspections • Easements, easement appraisals, negotiation of easements with property owners, and payment of easements. • Topographic Survey • Hydraulic water modeling and capacity evaluation of the water distribution system • Construction administration services • Construction observation services • Construction staking • Any evaluation or modification to the CLIENT sanitary, watermain, and storm sewer systems. • Any significant roadway replacement and/or modifications other than patching, curb/gutter, and sidewalk replacement associated with the service line replacement. • Preparation or administration of maps, plats, deeds, or easement documents not specifically referenced in the scope of services. • Environmental, archeological, historical, or cultural resources investigations, assessments, tests, studies, and reports. • Meetings with local, State, or Federal agencies to discuss the project. • Appearances at public meetings and public hearings. • Plat of Easement • Plat of Dedication/Highways • Plat of Survey Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others None 6.0 Client Responsibilities • Provide access to work sites for COMPANY to perform services. • Pay all permit fees and other required fees associated with the project. Version2.3 02052021 Professional Services Agreement Phase 2: Design Services for Lead Service Line Replacement 2402475.01 HRGreen ® FebruaPage 6 of 8 • Provide relevant materials, such as maps, drawings, specifications, shop drawings, utility data, shapefiles, O&M manuals, operating data and reports, maintenance data and reports, water quality and reports. • Provide personnel knowledgeable about operations and maintenance of facilities to be available for discussions and to answer questions. • Review all project deliverable documents submitted by COMPANY and provide all comments back to COMPANY within one week, or otherwise as required by the project scope of services and schedule. • Provide GIS data needed for 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. 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. Version2.3 02052021 Professional Services Agreement Phase 2: Design Services for Lead Service Line Replacement 2402475.01 February 17, 2025 HRGreen,. Page 7 of 8 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Time and material (T&M) basis with a Not to Exceed fee of $42,626.00. The breakdown of fee is as follows: Task Fee (T&M basis) Project Management, Meetings, Data Collection from CLIENT $ 5,726.00 Spot Survey $ 7,170.00 Design Phase Services $24,606.00 Bid Phase Services $ 5,124.00 Total $42,626.00 Version2.3 02052021 Professional Services Agreement Phase 2: Design Services for Lead Service Line Replacement 2402475.01 HRGreen® FebruaPage 8 of 8 8.0 Terms and Conditions This Agreement is considered part of the FY 2024 — 2026 General Consultation Services Agreement dated December 10, 2024, between CLIENT and COMPANY. All terms and conditions contained in that agreement apply to this Agreement. 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. Approved by: Printed/Typed Name Ravi Javaraman. PE Title: Regional Manager/Principal Date VILLAGE OF LEMONT Accepted by: Printed/Typed Name: (?te x "lcdz, Title: �%� ��c� ��-.� Date: 2-17-25 Version2.3 02052021