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R-28-25 Authorizing the Execution of Lead Water Service Line1-1 V i%i,AGE OF s �N,EMONT 418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Ted Friedley, Public Works THROUGH: SUBJECT: A Resolution Authorizing the Execution of Lead Water Service Line Replacement Agreements for Phase One DATE: April 28, 2025 SUMMARY/BACKGROUND The Public Works Department has been working with HR Green, Inc. to prepare the lead service water line replacement program to map, inventory and complete the necessary work for the EPA requirements for lead water service lines. Thiry-Five (35) properties have been iden�ed for the first phase of replacements. Since the replacements are located on private property, a Lead Water Serice Line Replacement Agreement must be completed between the homeowner and the Village. This Resolution requests authorization for the Village Administrator to execute these agreements. ANALYSIS Consistency with Village Policy 5-Year Capital Improvement Plan (if applicable) STAFF RECOMMENDATION Pass A Resolution Authorizing the Execution of Lead Water Service Line Replacement Agreements for Phase One BOARD ACTION REQUESTED Pass A Resolution Authorizing the Execution of Lead Water Service Line Replacement Agreements for Phase One ATTACHMENTS A Resolution Authorizing the Execution of Lead Water Service Line Replacement Agreements for Phase One.pdf VILLAGE OF LEMONT RESOLUTION NUMBER R-A-25 A RESOLUTION AUTHORIZING THE EXECUTION OF LEAD WATER SERVICE LINE REPLACEMENT AGREEMENTS FOR PHASE ONE JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DAVE 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 A.4025 RESOLUTION NO. R- 2-9 -25 A RESOLUTION AUTHORIZING THE EXECUTION OF LEAD WATER SERVICE LINE REPLACEMENT AGREEMENTS FOR PHASE ONE WHEREAS the Village of Lemont, Illinois is in need of lead water service line replacements; and WHEREAS, the Village of Lemont requires a Lead Water Service Line Replacement Agreement to investigate and replace lead water service lines on private property: and WHEREAS, the Village Administrator requests the approval of Village President and Board of Trustees to execute the Lead Water Service Line Replacement Agreements, as needed; and 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: That the President and Board of Trustees are hereby authorized in approving the Village Administrator authority to execute Lead Water Service Line Replacement Agreements as attached hereto as Exhibit A. S SECTION 3: 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. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAG OF LEMONT, CQUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS �5 DAY OF i 1 2025. Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYES V V ii ATTEST: �- a4z&WA&Irlock CHARLeA49 M. SMOLLEN Village Clerk G� OF 1 F Q 4o v y 7 '{ /ZLIti0' ABSENT: ABSTAIN: Wi JOHN EGOFSKE President Exhibit A Lead Water Service Line Replacement Agreement VILLAGE OF LEMONT LEAD WATER SERVICE LINE REPLACEMENT AGREEMENT PROPERTY ADDRESS: PROPERTY P.I.N. NUMBER(S): OWNER(S) OF THE PROPERTY: This Lead Water Service Line Replacement Agreement ("Agreement") is entered into between the Village of Lemont, an Illinois municipal corporation and non -home rule unit of local government (the "Village"), and the Owner of certain Property described herein as "Owner" and "Property" are defined herein. The Village and Owner are herein referenced collectively as "Parties". RECITALS 1. WHEREAS, it has been determined that the use of lead water pipes is detrimental to human health and that the replacement of Village water pipes with non -lead pipes will reduce residents' exposure to lead; and 2. WHEREAS, the Village has therefore determined that it is in the best interest, safety, and welfare of its residents to replace a portion of certain residential lead water service lines at no cost to private homeowners, namely the replacement of the water service line that extends from the Village's water utility system to the residential water meter (the "Village of Lemont Lead Water Service Replacement Project"); 3. WHEREAS, the individuals or entities listed above (collectively referenced herein, whether one or more owners, as "Owner" or "Owner(s)") represent and affirm that they own the real property described above, including but not limited to the residence ("Residence") located thereon, (together referenced herein as the "Property"), and that they have the authority to enter into this Agreement; and 4. WHEREAS, the Owner may delegate authority for its obligations hereunder to another individual ("Owner's Representative") if the Owner provides the Village with written notification authorizing the Owner's Representative to act on the Owner's behalf under this Agreement and in such notification provides the Owner's Representative's current address, email address, and telephone number. See page 6 of this Agreement. 5. WHEREAS, the Village and its contractors will require access to the Property including the Residence thereon, in order to perform the Work described herein, including but not limited to the installation of a new underground water service line which will require access to the Property and to the inside of the Residence to connect the new water service line to the existing water meter location. NOW THERFORE, in consideration of the mutual promises and agreements set forth herein, the Parties agree as follows: 1. Recitals Incorporated. 1.1 The Recitals set forth above are material terms of this Agreement and are incorporated in their entirety by reference in this Section 1.1. 2. Work Performed. 2.1 Work Performed. The work to be performed by the Village or its Contractor, described in this Section 2, is cumulatively referenced in this Agreement as the "Work". 2.1.1 Lead Service Replacement. The Village and its approved contractor ("Contractor") will install a new Village underground water service line connection from the water main located in Village parkway to a new Village B- Box/curb stop installation at the Owner's front Property line, and then into the Owner's Residence where it will connect to the existing water meter. The Village will determine the location of the installation of the water service connection which, in most instances, will be in close proximity to the original location. The Village and its Contractor will take precautions to minimize damage to the Property and the interior and exterior of the Residence. 2.1.1.1 Whenever possible, the water service line will be installed by trenchless methods from the B-Box/curb stop installation to the foundation. The Contractor will then excavate next to the foundation to core an opening/hole in the foundation. The new water service will pass through this opening and connect to the water meter located inside the Owner's Residence. The opening/hole will then be sealed. 2.1.1.2 If trenchless methods are not possible, the Village or its Contractor will discuss alternative measures with the Owner or Owner's Representative. 2.1.2 Restoration. The Village or its Contractor will perform the restoration work described in Section 4 below. 3. Right of Access: Pre -Meeting: Clearance of Work Area; and Notice. 3.1 Right of Access. The Owner grants the Village and its Contractor, and their respective employees and agents, the right to enter the Property, including the Residence, in order to perform the Work described herein and for the Pre -Meeting described in Section 3.2 below. Such access shall be provided between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday unless otherwise agreed to by the Owner and the Village. 3.2 Pre -Meeting. Before beginning any Work under this Agreement, the Village or its Contractor will schedule a pre -meeting with the Owner or the Owner's Authorized Representative, as applicable, at which meeting the following will be discussed: (i) the Page 2 of 6 methods of Work; (ii) the timing of the Work; (iii) where on the Property, including the Residence, the Work will be performed; (iv) which areas of the Residence need to be cleared by the Owner prior to commencement of Work (per Section 3.3 below); and (v) possible items of restoration (per Section 4 below). Before commencing any Work, the Village or its Contractor will take pictures of the Property and Residence as needed to document their. condition. 3.3 Owner's Responsibility to Clear the Work Area. It is the Owner's obligation hereunder to prepare a proper work environment for the Contractor to perform the Work, meaning that the interior and exterior of the Residence where the Work will be performed will be clear of clutter and other impediments. 3.4 Notice. The Village or Village Contractor will notify the Owner (or Owner's Authorized Representative) not less than twenty-four (24) hours in advance of the date the Work is to be performed. Forms of communication may include, but are not limited to: email, phone contact, mail, or door hanger. 4. Restoration. 4.1 The Village will be responsible for restoration as follows: 4.1.1 Upon completion of the Work, the Village or the Village's Contractor will restore the exterior of the Residence to its former condition as nearly as practical at no cost to the Owner. Acceptable items for restoration will be defined in the Pre - Meeting described in Section 3.2 above. 4.1.2 Where an opening/hole of a foundation wall in the Residence occurs in the performance of the Work described herein, as described in Section 2.1.1.1 above, the opening will be sealed by the Village or its Contractor. Any other restoration of the interior of the Residence shall be the responsibility of the Owner. 4.1.3 The Owner may contact the Village with any questions or concerns regarding the Work performed including restoration. 5. Ownership; Warranty. 5.1 Ownership by Village. Upon completion of the Work described herein, the Village shall own and maintain the portion of the water service line between the water main located in the Village right of way and the B-Box/curb stop located near the property line of the Property. 5.2 Ownership by Owner. Upon completion of the Work described herein, the Owner shall own and maintain the portion of the water service line from the B-Box/curb stop to the water meter located within the Residence. Notwithstanding the foregoing, the Village will warranty the material and workmanship of the portion of the Work performed on the water service line owned by the Owner for twelve (12) months following installation. Page 3 of 6 6. Claims Related to Work. 6.1 The Owner shall not sue or bring any other action or claim against the Village or the Village's Contractor, or their respective officers, agents, or employees, for any claim or damages caused by, related to, or arising out of the Work. The Owner hereby waives any right of subrogation related to the Work. The provisions herein shall survive the expiration or termination of this Agreement and shall continue until expiration of all limitation periods applicable to any causes of action which may arise from the Work. 7. Term of Agreement. 7.1 This Agreement shall remain in full force and effect until completion of the Work or two (2) years from the Effective Date of this Agreement, whichever is longer. 8. Termination. 8.1 Prior to commencement of the Work hereunder, this Agreement may be terminated by the Village (by the Project Manager) or by the Owner by giving written notice of termination to the other. Once the Work has begun, this Agreement may only be terminated by agreement of the Owner and the Director of the Department of Public Works. 9. General Provisions. 9.1 Entire Agreement. This Agreement sets forth and constitutes the entire agreement between the Parties with respect to the subject matter described herein and supersedes any and all prior agreements, understandings, promises, warranties, and representations made by each Party to the other concerning the subject matter. This Agreement may be modified only by a written document signed by all Parties. 9.2 Binding Effcct. This Agreement is binding on the Parties and their heirs, successors and assigns. 9.3 Invalidity. If any part or any provision of this Agreement is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, that part or provision shall be ineffective to the extent of such invalidity or unenforceability only without in any way affecting the remaining parts or provisions of this Agreement. 9.4 Choice of LawNenue. This Agreement shall be governed, in all respects, by the laws of the State of Illinois, irrespective of its choice of law rules. All disputes shall be resolved in the Circuit Court where the Property is located as the sole and exclusive jurisdiction and venue. Page 4 of 6 9.5 Survival. The following provisions of this Agreement shall survive its expiration or termination: 4.1.2, 5.1, 5.2, 6.1, and Section 9.1 through Section 9.5. 9.5 Authority. The undersigned swear and affirm that they have the lawful right to sign this Agreement on behalf of the Village and the Owner respectively. 9.6 Effective Date. The effective date ("Effective Date") of this Agreement shall be the date on which it is fully executed by the Parties hereto. The undersigned represent that they have read and understand the terms of this Agreement, and that they hereby agree to be bound by its terms. VILLAGE OF LEMONT xge Schafer Administrator ATTEST By- JZ? -, - --L44z�l - - Charlene Smollen Village Clerk Date: OWNER(S) Owner's Signature: Print Name: Date: [If more than one owner] Owner's Signature: Page 5 of 6 /C L I N0' Print Name: Date: OWNER(S) CONTACT INFORMATION: Name(s) [Please Print]: Email address: Telephone No.: Additional email addresses and/or telephone numbers: If Owner(s) wish to designate another individual to act as their Authorized Representative under the Agreement, please complete the following section: DESIGNATION OF AUTHORIZED REPRESENTATIVE: As Owner(s) of the Property, I (we) hereby authorize the individual listed below to act on my (our) behalf for all purposes under this Agreement. Name(s) [Please Print]: Email address: Telephone No.: Owner(s) Signatures Date: Page 6 of 6 Exhibit B Lead Water Service Line Replacement Agreement Property Listing Phase One Lead Water Service Line Replacement Project Phase One Property List 30 E Custer St 22-29-106-016-0000 50 E Eureka Dr 22-29-115-023-0000 504 E Illinois St 22-20-429-003-0000 311 Lemont St 22-20-427-004-0000 55 E Peiffer Ave 22-29-118-022-0000 506 Porter St 22-20-436-003-0000 601 Walnut St 22-29-202-044-0000 405 Singer Ave 22-20-318-002-0000 506 Singer Ave 22-29-103-009-0000 509Singer Ave 22-29-104-005-0000 510 State St 22-29-104-010-0000 613Singer Ave 22-29-108-004-0000 614Singer Ave 22-29-107-013-0000 715Singer Ave 22-29-111-005-0000 720Singer Ave 22-29-110-018-0000 721 Singer Ave 22-29-111-007-0000 726 Singer Ave 22-29-110-021-0000 831 Singer Ave 22-29-116-009-0000 835 Singer Ave 22-29-116-010-0000 904 Singer Ave 22-29-118-012-0000 910Singer Ave 22-29-118-014-0000 916 Singer Ave 22-29-118-016-0000 407Warner Ave 22-20-317-002-0000 515Warner Ave 22-29-103-004-0000 606Warner Ave 22-29-106-019-0000 705 Warner Ave 22-29-110-002-0000 727 Warner Ave 22-29-110-010-0000 802 Warner Ave 22-29-113-030-0000 813Warner Ave 22-29-115-006-0000 829Warner Ave 22-29-115-011-0000 1002 Warner Ave 22-29-304-014-0000 1009 Warner Ave 22-29-305-004-0000 1010 Warner Ave 22-29-304-016-0000 1011 Warner Ave 22-29-305-022-0000 1012 Warner Ave 22-29-304-017-0000