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R-04-26 Approving Professional Services Agreement Between HR+db 418 Main Street ( 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 Village Wide Fiber Installation Construction Observation and Plan Review Services DATE: January 26, 2026 SUMMARY/BACKGROUND HR Green is assisting the Village with construction observation and plan review services for the upcoming Village -wide fiber installation scheduled with Clearwave Fiber. All hours billed by HR Green has been agreed upon with Clearwave Fiber in the Master Licensing Agreement (MLA) to be reimbursed by Clearwave Fiber. The project will be billed as an on -call time & material agreement similar to the Master Services Agreement that the Village has with HR Green. The invoices will be separated by permit numbers issued to Clearwave Fiber as they traverse throughout the Village. ANALYSIS The Village Wide Fiber Installation Construction Observation and Plan Review Services will be reimbursed fully by Clearwave Fiber as part of the MLA. Consistency with Village Policy STAFF RECOMMENDATION Pass A Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for Village Wide Fiber Installation Construction Observation and Plan Review Services BOARD ACTION REQUESTED Pass A Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for Village Wide Fiber Installation Construction Observation and Plan Review Services ATTACHMENTS A Resolution Approving Professional Services Agreement Between HR Green, Inc. and the Village of Lemont, Illinois for Village Wide Fiber Installation Construction Observation and Plan Review Services.pdf VILLAGE OF LEMONT RESOLUTION NUMBER R- . d -26 A RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS FOR VILLAGE WIDE FIBER INSTALLATION CONSTRUCTION OBSERVATION AND PLAN REVIEW SERVICES JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk SAMUEL J. FORZLEY JANELLE KITTRIDGE KEN MCCLAFFERTY KEVIN SHA UGFINESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont o ?�- ]42026 RESOLUTION NO. R- � -26 A RESOLUTION APPROVING PROFESSIONAL SERIVCES AGREEMENT BETWEEN HR GREEN, INC. AND THE VILLAGE OF LEMONT, ILLINOIS FOR VILLAGE WIDE FIBER INSTALLATION CONSTRUCTION OBSERVATION AND PLAN REVIEW 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 Village Wide Fiber Installation Construction Observation and Plan Review 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 LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS --(o DAY OF I(,1 yl(M (/j 2026. Samuel J. Forzley Janelle Kittridge Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton ATTEST: PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYES: ABSENT: V CHARLEN M. SMOLLEN Village Clerk JOHN EGOFSKE President Gt OF l F o � -SEAL H "ZtINOes ABSTAIN: Exhibit A Village Wide Fiber Installation Construction Observation and Plan Review Services Agreement HRGreen® PROFESSIONAL SERVICES AGREEMENT For Village of Lemont Clearwave Fiber Village Wide Installation Observation & Plan Review Services Mr. George Schafer / Village Administrator Village of Lemont 418 Main Street Lemont, Illinois 60439 Ph: 630-257-1550 Mr. Bruce Hill / Municipal Executive I HR Green, Inc. 323 Alana Drive New Lenox, Illinois 60451 Ph: 815-462-9324 HR Green Project Number: 2503730 January 21, 2026 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 Version2.1 02212019 HRGreen. Professional Services Agreement Clearwave Fiber Obs & Plan Review Services HR Green Job No.: 2503730 January 21, 2026 Page 2 of 6 THIS AGREEMENT is between Village of Lemont (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding COMPANY understands the CLIENT has Clearwave Fiber, an internet provider ready to install their fiber optic network throughout the Village limits with construction expected to start in March 2026. Clearwave Fiber intends to install new fiber internet throughout the village limits. CLIENT is requesting COMPANY to provide observation services for the new permit applications being issued to Clearwave Fiber. COMPANY understands that the CLIENT will be reimbursed by Clearwave Fiber according to the Master License Agreement (MLA) for COMPANY's observation services. 1.2 Design Criteria/Assumptions The CLIENT will review, comment, and issue permits to Clearwave Fiber. The installation of fiber internet is expected to take place throughout all of 2026. COMPANY will provide arm observation by one (1) Construction Technician while the Clearwave Fiber contractor is installing fiber optic cable throughout the village. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Construction Observation The COMPANY will be on -site part-time on a time and material basis while the contractor is working on fiber optic installation and restoration improvements, to ascertain that the contractor's work is being performed in accordance with permit application requirements, fiber plans, special provisions, and standard specifications. The COMPANY will observe and document the work performed. COMPANY will be an extension to the Village's staff dedicated to protecting the CLIENT's interests and enforcing policies. The COMPANY will track the contractor's progress and daily activities via daily and weekly reports. If actual project hours needed to complete the project exceed those listed herein, the COMPANY will be given the opportunity to provide a supplemental agreement for their additional hours/costs, prior to exceeding the established hours/costs. The following is a description of the various tasks associated with the construction observation services to be supplied by the COMPANY. A. Community Relations Prior to construction, HR Green staff must observe and document the following items that have been put into place: • No parking signs installed, • Pre -construction signage and notification message boards have been installed, • Pedestrian pathways are clear or proper signage and barricades are temporarily installed diverting pedestrians safely, • Observe and photograph initial site conditions prior to construction. B. Meetings and Communications COMPANY will attend meetings as necessary with CLIENT and Contractor and will update village staff as needed with daily/weekly/biweekly reporting documentation. Version2.2 03042020 HRGreen® Professional Services Agreement Clearwave Fiber Obs & Plan Review Services HR Green Job No.: 2503730 January 21, 2026 Page 3 of 6 C. Permit Tracking COMPANY will track all fiber permits approved by the Village and provide status updates on OpenGov. D. Utility Markings Prior to construction COMPANY must observe and document proper utility markings have been completed in the field before the contractor begins. E. Potholinq COMPANY must observe and document safe construction practices which include potholing of marked utilities prior to construction. F. Traffic Control and Protection Prior to construction COMPANY must observe, and document proper traffic control and protection measures have been installed before the contractor begins. COMPANY will document: • Approved traffic control drawings and accuracy of deployment in the field, • Notifying supervisor of possible flaws or breaches, • Documenting breaches of the traffic and pedestrian control plan with digital photographs, • Observe compliance with ADA rules and regulations for open sidewalks and pathways. G. Environmental Prior to construction COMPANY must observe, and document proper erosion and sediment control and protection measures have been installed before the contractor begins construction. COMPANY will document: • Stormwater catch basin protection installed, • Proper silt fencing or barriers are installed, • Proper tree protection. H. Fiber Infrastructure COMPANY must observe and document: • Correct location of chambers per permit drawings, • Depth of chamber is level to grade, • Design of drainage and compaction, • Environmental runoff, • Site restoration and final cleanup, • Installation and reinstatement are in accordance with the means, methods, and materials specified in the permit drawings, • Compaction and use of vibration equipment during restoration, • Spill hazards are safely handled. I. Reinstatement COMPANY must observe and document all cavities and potholes are filled, quality reinstatement is being performed, and work zones are clean. J. Final Restoration and Clean -Up COMPANY must observe, and final restoration and clean-up efforts meet the permit requirements and standards: • Road, Sidewalk, and Site cleanliness • Quality restoration utilizing materials meeting the permit requirements Version2.2 03042020 HRGreen® Professional Services Agreement Clearwave Fiber Obs & Plan Review Services HR Green Job No.: 2503730 January 21, 2026 Page 4 of 6 • Gutter line cleanliness • Address resident and business owner comments K. Damaae Resolution COMPANY will document any claims of property owner damage as reported to the contractor of CLIENT and will review and/or approve resolution as needed. Permit Review A. Provide up to two final engineering plan reviews per permit application based on Village Ordinance including site civil, traffic control, tree protection, sediment/erosion control, and utilities. (T&M NTE estimated at 50 hours) B. Provide coordination between staff and developer and attend meetings. (T&M NTE estimated at 5 hours) 3.0 Deliverables and Schedules Included in this Agreement The schedule for observation of fiber optic cable installation will be in accordance with Clearwave Fiber's work schedule, which is estimated to begin in March or April, 2026 and continue throughout the rest of the year. Clearwave Fiber did not provide an anticipated completion date. 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: A. On -site & Off -Site Material Inspection B. Material Testing C. Construction Layout of Contractor Work 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 The CLIENT will provide final approved Fiber Plans and provide approval of Change Orders. Clearwave Fiber will maintain GIS records of the approved Fiber Plans, COMPANY will document any changes to the plans observed in the field. 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) Version2.2 03042020 H RGreen . Professional Services Agreement Clearwave Fiber Obs & Plan Review Services HR Green Job No.: 2503730 January 21, 2026 Page 5 of 6 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 on -call basis to be fully reimbursed by Clearwave Fiber. Version2.2 03042020 HRGreen® 8.0 Terms and Conditions Professional Services Agreement Clearwave Fiber Obs & Plan Review Services HR Green Job No.: 2503730 January 21, 2026 Page 6 of 6 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. 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 G EN, INC. 4 Bruce A. Hill Municipal Executive — Municipal Services Engineering Approved by: r"?Y*y d, Printed/Typed Name: Timothy J. Hartnett Title: President — Municipal Services Date: January 21, 2026 VILLAGE OF LEMONT Accepted by: Printed/Typed Name: George Schafer Title: Village Administrator Date: 1 ' 2 7 ^ Z� J A2025\2503730\Admin\Contract\Client\PSA-Lemont-2503730-ClearwaveFi berl nspections.docx Version2.2 03042020