HomeMy Public PortalAboutResolution 1812RESOLUTION NO. 1812
A RESOLUTION AUTHORIZING A SECOND 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"),
as amended by an amendment thereto approved by the Village on December 7, 2020; 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, on or about March 7, 2022, the Village approved the execution of the Third
Amendment to the IGA, which provides for an increase in the budgeted funds supplied by Pace
thereunder for the construction of the bus maintenance and storage facility for the purpose of
defraying the cost of additional items of work that Pace desired be included within the project;
and
WHEREAS, the Agreement now requires certain further revisions to incorporate therein
the substance of the Third 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 a second 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 7T" DAY OF MARCH, 2022.
AYES: Benton, Calkins, Larson, Ruane, Wojowski
NAYS: None
ABSENT: Kalkanis
APPROVED THIS 7TH DAY OF MARCH, 2022.
ATTEST:
VILLAGE PRESIDENT
VILLAGE CLERK
SECOND AMENDMENT TO DESIGN BUILD AGREEMENT
This Amendment (the "Amendment"), is made and entered into this / —" day of March,
2022, 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 and
further modified by the execution of the First Amendment to the Design Build Agreement
approved by the Village on December 7, 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 Third 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:
A. "Total Maximum Project Cost. The total cost of all design, architecture,
engineering, construction inspection and supervision and actual construction costs for the Project
shall not exceed the sum of Fifty -Four Million Five Hundred Thousand and No/100 Dollars
($54,500,000.00) (the "Pace Contribution"). The Village has caused or shall cause the DBA to
reflect the limited Pace Contribution amount as set forth herein as an obligation of the
Contractor, i.e., that the Contractor shall be required under the DBA to complete the Project for a
sum that does not exceed the Pace Contribution."
B. "Bus Maintenance and Storage Facility Cost. Pace shall pay not more than a total
of Fifty -Two Million Five Hundred Thousand and No/100 Dollars ($52,500,000.00) for the
design, commissioning (inspection and testing), construction permit fees, and construction of the
Bus Maintenance and Storage Facility (sometimes hereinafter referred to as the "Facility"),
extension of Depot Drive intended to serve the anticipated traffic needs of the Facility, extension
of public utilities to service the Facility, offsite stormwater management improvements, and
onsite and offsite earthwork required for pad preparation, site balancing, road improvements and
excess soil mitigation."
SECTION THREE: Substantial Completion
The Project Cost is being increased to provide for the completion and delivery of the Matters set
forth on Exhibit A to this Second Amendment, attached hereto and made a part hereof (the
"Additional Work"). The Substantial Completion date for the Work, other than the additional
scope items shall remain May 2, 2022, subject to extensions of time for Unavoidable Delays or
other cause as determined under Article 8.2 of the DBA. Pace acknowledges and agrees that the
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Substantial Completion Certificate for the Work to be completed on May 2, 2022 shall fix the
time within which the Design Builder will finish all items on the Substantial Completion
Certificate as set forth in Section 9.8.5 of the DBA and further provide that the additional scope
items set forth in Exhibit A to this Third Amendment shall be Substantially Completed after
May 2, 2022 within such additional time as is required for the Design Builder as determined
under Article 8.2 of the DBA to complete the additional scope items.
All amounts due for the Additional Work shall be paid as part of each respective draw
including the payment of any advance deposits required by third party suppliers under contract
with the Design Builder. The parties acknowledge that any delay in the payment of deposits
shall further delay the Additional Work and the Substantial Completion Date for the Project.
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.
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IN WITNESS WHEREOF, the parties have caused this DBA to be executed by their
respective duly authorized signatory on the dates indicated below.
Village of Plainfield
By:
Name: John F. Argoudelis
Title: Village President
Date:
3/-7 )coca
Northern Builders, Inc.
By:
Thomas D. ` rusecki, President & CEO
Date:
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Exhibit A
Additional Scope Items - 1-55 Plainfield Garage
Day Room Wall Covering
Masonry Angle Inside Block In Lieu of Outside
Record Storage Shelving
Added Displays in Super E114 & Asst Super E115
HDPE Toilet Partitions in lieu of painted metal
Anti -rust paint bottom of bollards
Additional Pavement Striping
Additional Sidewalk / Patio Work (scheduled for Spring)
Operator's Dayroom acoustical ceiling tile
2nd Floor acoustical ceiling tile
Additional Signage
High Durability Panels / Finish in Dayroom, Mech Break
Upgrade Parts Cage (submittals forthcoming soon)
Add Power/Data Outlets in Repair
Fireproof/High Density File Cabinets (Admin Area)
Reel Supports at Columns
Mapes Canopies
2nd Floor Build -out (uncommitted items)
Ceiling Tile Upgrade / smooth finish / higher noise rating
2nd Floor Millwork
Exterior Pavement Joint Sealing (work started but scheduled to be completed in the Spring)
Bi-Directional Amplifier/Black Box Radio (BDA/DAS)
2nd Floor Furniture
Bus and Car Electric Charging Stations
Timeclock (120V) in Repair
Waterline for Coffee Vending Machine
Cart for Battery Transport
Box For Pre -Trip Cards
Floor Mounted Vice
Propane Cage
3 Bulk Linen Carts
2 trickle charger / battery chargers
Low Shelving For Battery Charging
3-30 gallon Aerosol Cabinets (Repair Bays)
Battery Storage Racks
Wall Mounted Bike Racks (Lost & Found Bikes)
Picnic tables at Patio
8 Flammable Cabinets in Storage E129 (on hold pending funding approval)
Mobile Welder/MIG
8 Work Benches
2 Crossover Utility Vehicles
Appliances - Refrigerator, Microwave, Coffee, etc.
Uninterrupted Power Supplies (on hold pending funding approval)
Large Floor Sweeper (Propane Powered)
Exhibit A