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HomeMy Public PortalAboutResolution 1794VILLAGE CLERK RESOLUTION NO. 1794 A RESOLUTION AUTHORIZING AN AMENDMENT TO A DESIGN BUILD AGREEMENT (Northern Builders, Inc.) WHEREAS, the Village of Plainfield and Northern Builders, Inc. ("Northern") have heretofore entered into a certain design build agreement approved by the Village on April 20, 2020 and modified by the execution of Exhibit A thereto on October 1, 2020 (the "Agreement"); and WHEREAS, the Village has subsequently entered into a certain Intergovernmental Agreement dated as of May 5, 2020 (the "IGA") with Pace, the Suburban Bus Division of the Regional Transportation Authority, as the same has subsequently been amended; and WHEREAS, the IGA was entered into subsequent to the Agreement, but pertains to the development of property subject to the Agreement, and has been amended by an amendment approved by the Village on December 7, 2020; and WHEREAS, the Agreement now requires certain technical revisions to clarify its provisions in light of the later adoption of the IGA and to incorporate the subsequent amendment to the IGA. BE IT RESOLVED BY THE PRESIDENT AND BOARD TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS, AS FOLLOWS: Section 1: That the Corporate Authorities of the Village of Plainfield hereby authorize the execution of an amendment to the Agreement, in substantially the form attached hereto and incorporated herein by reference as Exhibit A. Section 2: This Resolution shall be in full force and effect from and after its passage and approval. PASSED THIS 7TH DAY OF DECEMBER, 2020. AYES: Benton, Bonuchi, Calkins, Kalkanis, Larson, Wojowski NAYS: None ABSENT: None APPROVED THIS 7TH DAY OF DECEMBER, 2020. FIRST AMENDMENT TO DESIGN BUILD AGREEMENT This Amendment (the "Amendment"), is made and entered into this day of December, 2020, by and between the Village of Plainfield, an Illinois Municipal Corporation (hereinafter sometimes referred to as "Village") and Northern Builders, Inc., an Illinois corporation (hereinafter sometimes referred to as "Northern"). The Village and Northern may sometimes be referred to individually as a "party" and collectively as the "parties". WITNESSETH: WHEREAS, the Village is an Illinois home rule municipality organized and existing under the Illinois Constitution of 1970; and WHEREAS, Northern and the Village have heretofore entered into a certain Design Build Agreement approved by the Village on April 20, 2020 and modified by the execution of Exhibit A to the Design Build Agreement approved by the Village on October 1, 2020 (the "DBA"); and WHEREAS, certain provisions of the DBA provide for and incorporate the terms of that certain Intergovernmental Agreement between the Village and PACE, the Suburban Bus Division of the Regional Transportation Authority (hereinafter referred to as "PACE") dated as of May 5, 2020, as amended (hereinafter referred as the "IGA"); and WHEREAS, the Village and PACE have entered into a Second Amendment to the IGA which amendment requires modifications to the DBA; and WHEREAS, the parties mutually desire to amend the DBA as set forth below. NOW THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, conditions and agreements herein contained, Northern and the Village hereby agree as follows: SECTION ONE: Incorporation of Preambles The recitals contained in the Preamble hereto are material and are hereby incorporated as a part of this Amendment. Northern and the Village shall fully cooperate with each other in carrying out the terms of this Amendment. All parties represent that they have full authority to enter into this Amendment pursuant to law. SECTION TWO: Incorporation of Terms of the Second Amendment to the IGA 1. The parties hereby agree to and hereby incorporate the following provisions from the Second Amendment to IGA to this DBA: "The Village shall use commercially reasonable efforts to meet the goal of 20% Disadvantaged Business Enterprise participation for this Project and has incorporated or shall incorporate this goal into the DBA as applicable to the Contractor's performance under the DBA. Pace shall monitor DBE participation and compliance for this Project. Village shall require Contractor to use the Schedule A, Contractor Summary of DBE Participation as Subcontractor, Supplier, and/or Consultant and Schedule B, Conformation of Proposed DBE Participation supplied to the Village by Pace. Within no more than 48 hours after Village receives completed Schedule A and Schedule B documents, Village shall submit those completed Schedule documents to Pace." SECTION THREE: Modification to Exhibit A Section A.6.1.6.6 Section 6.1.6.6 of the DBA is hereby amended to read as follows: The Design Builder shall use commercially reasonable efforts to meet the goal of 20% Disadvantaged Business Enterprise participation for the Project and shall use Schedule A, Contractor Summary of DBE Participation as Subcontractor, Supplier, and/or Consultant and Schedule B, Conformation of Proposed DBE Participation supplied to the Design Builder by the Village and shall submit said Schedules with the applicable Payment Application. 2 Plainfield PACE Facility/First Amendment to Design Build Amendment 001 SECTION FOUR: Effect of Amendment The terms and provisions of this Amendment shall supersede and control over any expressly conflicting terms, conditions or provisions of the DBA, but all other terms, conditions and provisions of the DBA are currently and shall remain in full force and effect, and the same shall not in any way be altered, affected, modified, limited or construed by the terms, conditions and provisions of this Amendment. Any term used and defined in the DBA and also used or referred to in this Amendment shall have the same meaning in this Amendment as set forth therefore in the DBA. This Amendment and the DBA, taken together, set forth all the promises, inducements, agreements, conditions and understandings between Northern and the Village relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are set forth therein. Except as herein otherwise provided, no other or subsequent alteration, amendment, change or addition to the DBA shall be binding upon the parties hereto unless authorized in accordance with law and reduced in writing and signed by them. 3 Plainfield PACE Facility/First Amendment to Design Build Amendment 001 UocuSign Envelope IU:E331798:i;i-34EI--4UU4-95t3U-UI1A5U9Ut-L11- IN WITNESS WHEREOF, the parties have caused this DBA to he executed by th respective duly authorized signatory on the dates indicated below. Villa ze ofPlainfield By: Nance•. 1` pins Title: Vi lage President Date: Builders, Inc. Oocu$Ipnad by: ErthStlaS V. 4VU.St.dci By: 3F54 C146D3EtUD Thomas D. Grusecki, President & CE(? Date: 4 Plainfield PACE Facility/First Amendment to Design Build Atttcndmcrtt 001