HomeMy Public PortalAboutResolution 1811RESOLUTION NO. 1811
A RESOLUTION AUTHORIZING A THIRD AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT DATED AS OF MAY 5, 2020 BETWEEN THE VILLAGE OF PLAINFIELD AND
PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION
AUTHORITY, AN ILLINOIS MUNICIPAL CORPORATION
WHEREAS, the Village of Plainfield ("Village") and Pace, the Suburban Bus Division of
the Regional Transportation Authority, an Illinois Municipal Corporation ("Pace") have heretofore
entered into an intergovernmental agreement dated as of May 5, 2020 and prior amendments
thereto dated as of August 6, 2020 and December 21, 2020 (collectively, the "IGA"); and
WHEREAS, pursuant to and in furtherance of the IGA, the Village has entered into a
Design Build Agreement and amendment thereto (collectively, the "DBA") with Northern
Builders, Inc. ("Northern") for the construction of a Pace Bus Maintenance Facility; and
WHEREAS, subsequent to the execution of the DBA and the IGA, Village, Pace
proposed certain further revisions to the IGA, as set forth in the proposed Third Amendment to
the IGA ("Third Amendment") attached hereto and incorporated herein by reference as Exhibit
A.
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 third amendment to the IGA, 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 MARCH, 2022.
AYES: Benton, Calkins, Larson, Ruane, Wojowski
NAYS: None
ABSENT: Kalkanis
APPROVED THIS 7TH DAY OF MARCH, 2022.
VILLAGE PRESIDE i T
THIS DOCUMENT PREPARED BY AND AFTER
RECORDING RETURN TO:
Pace, the Suburban Bus Division of the Regional
Transportation Authority 550 West Algonquin
Road
Arlington Heights, Illinois 60005
Attn: Legal Department
THIRD AMENDED INTERGOVERNMENTAL AGREEMENT
This Third Amended Intergovernmental Agreement ("Third Amendment") is entered into by and
between Pace, the Suburban Bus Division of the Regional Transportation Authority, an Illinois Municipal
Corporation ("Pace" or "Licensee"), and the Village of Plainfield ("Village" or "Licensor"). Pace and
Plainfield are individually referred to herein as a "Party" and collectively referred to herein as the
"Parties."
RECITALS
WHEREAS, on May 5, 2020, the Parties entered into an Intergovernmental Agreement ("Agreement")
regarding the construction and development of a bus maintenance and storage facility; and
WHEREAS, Section XII. C. of the Agreement provides that no changes, amendments, or modifications
to the Agreement shall be valid unless in writing and signed by the duly authorized signatory of each
Party; and
WHEREAS, on August 6, 2020, the Parties entered into a First Amended Intergovernmental Agreement
amending Section III. I. of the Agreement; and
WHEREAS, on December 21, 2020 the Parties entered into a Second Amended Intergovernmental
Agreement to state that references in the Agreement to the DBA shall mean and be understood to refer to
the Design -Build Agreement as approved by the Village on April 20, 2020, and to amend Section II. F. of
the Agreement; and
WHEREAS, the Parties wish to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual covenants contained in this
Third Amendment, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. This Third Amendment shall be in effect beginning on the date in which it is signed by
Pace. If a Party signs this Third Amendment but fails to date its signature, the date that the other Party
receives the signing Party's signature on this Third Amendment shall be deemed to be the date that the
signing Party signed this Third Amendment.
2. The Pace Contribution set forth in the Agreement must be increased by 2.5 million
dollars to cover the cost of additional scope items as shown on Exhibit A attached hereto. 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.
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Pace acknowledges and agrees that the 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.
3. Section II. C. of the Agreement is deleted in its entirety and replaced with the following:
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.
4. Section II. D. of the Agreement is deleted in its entirety and replaced with the following:
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.
5. Section V of the Agreement is amended by the following, to be codified in the Agreement
as and for a new Section V.F thereof:
F. All amounts due to the Contractor for additional scope items added to the DBA consistent
with Section 2 and Exhibit A to the Third Amendment to this Agreement shall be paid for as part of part of
draw requests approved and processed pursuant to Section V.B of this Agreement, including the payment
of any deposits or partial or full advance payments where such deposits or partial or full advance payments
are required by third parties contracting with the Contractor under the DBA as a condition of providing the
goods or services included within any of the additional scope items added to the DBA consistent with
Section 2 and Exhibit A to the Third Amendment to this Agreement. Delay in the funding or payment of
any such deposits or partial or full advance payments will result in a delay in the completion of the
additional scope items added to the DBA consistent with Section 2 and Exhibit A to the Third Amendment
to this Agreement and the substantial completion date for the Project as determined pursuant to the DBA.
6. The foregoing Recitals are agreed to and are incorporated into and
made a part of this Third Amendment by reference.
7. The remainder of the Agreement is unchanged and remains in full force
and effect.
Page 2 of 4
IN WITNESS THEREOF, the Parties duly authorized signatories have executed this Third
Amendment on the dates indicated below.
Pace, the Suburban Bus Division of the Regional Transportation Authority
By: IMit
{3
Name:
T. IlE1 eit
Title: latetter Executive Director
Date: 4-1ILSIIOLL
Village of Plainfiee
By: i
Name: U�Kr) 1' AryuclelS
Pit Cie (14
Title:
Date:
31-7 IQe.),9-a
Page 3 of 4
IN WITNESS THEREOF, the Parties duly authorized signatories have executed this Third
Amendment on the dates indicated below.
Pace, the Suburban Bus Division of the Regional Transportation Authority
By.
Name:
Title: Interim Executive Director
Date:
Village of Plainfield
By:
�tt
Name: o kvl r A-rnaucleits
Title: Pres) e
Date: 3 )
Page 3 of 4
Exhibit A
Additional Scope Items - I-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)
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