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HomeMy WebLinkAboutSAFEbuilt Inc. -5th Amendment Commercial Plan Review Ryan Field Project Extension Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Sarah Flax, Director of Community Development CC: Andrew San Roman, Building & Development Services Manager; Linnea Latimer, Management Analyst Subject: Approval of a Contract Extension for a Professional Services Agreement with SAFEbuilt, Inc., for a Commercial Plan Review of Northwestern University’s Ryan Field Stadium Project and a Budget Increase Not to Exceed $50,000 and Extension to June 30, 2024, for Supplemental Plan Review and Inspection Services Date: March 11, 2024 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute an extension to the Professional Services Agreement with SAFEbuilt that extends the contract time period for commercial plan review services for Northwestern University’s Ryan Field Stadium in the amount of $140,000 until the first Temporary Certificate of Occupancy. Staff also recommends extending the period for supplemental plan review and inspection services to June 30, 2024, and an increased budget not exceeding $50,000 for those services. Funding Source: Funding is the Building & Inspection Services Division’s Plumbing, Electrical, and Plan Review Services account #100.21.2126.62464, which has a budget of $190,000. Council Action: For Action Summary: The City’s Professional Services Agreement Extension with SAFEbuilt for plan review services from April 1, 2023, to March 31, 2024, included a Project Plan Review Services Fee Schedule for the Northwestern University Stadium Project in the amount of $140,000. Due to its size and complexity, this plan review is being done by SAFEbuilt with oversight of city staff. Full plans for the construction of the stadium have not been submitted for review; however, an application for the foundation permit has been submitted and is under review by SAFEbuilt and City staff. The application for the stadium permit is expected to be submitted in Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a the near future. The cost of the stadium review will be recouped from the project’s plan review and permit fees, which are estimated to be approximately $11.6 million based on the estimated construction valuation, of which $357,000 is for plan review. In addition, a time extension of three months to June 30, 2024, and a funding increase not to exceed $50,000 for supplemental plan review and inspection services is recommended to provide timely plan review and inspection services on an as-needed basis. With Andrew San Roman’s promotion to Building & Development Services Manager, residential plan reviews will need to be handled by SAFEbuilt until the Plan Reviewer position is filled. In addition, scheduled time off for Building Inspectors in April will require additional use of SAFEbuilt for those services. Responses to RFP 24-10 for Inspection and Plan Review Services are due on April 9, 2024, and a recommendation to contract with one or more third-party plan review and inspection services providers will be brought to APW and the City Council for approval in May 2024. Legislative History: City Council approved the Professional Services Agreement, and Fourth Amendment to that agreement with SAFEbuilt for plan review and inspection services, including review of the Ryan Field plan plans on March 27, 2023; this agreement was procured through a joint purchase agreement with the Villages of Glenview, Kenilworth, Wilmette, and Winnetka. Attachments: SAFEbuilt 4th amendment for Plan Review&Inspection Services Evanston IL - Fifth Amend to SAFEbuilt Agreement 3.6.24 Page 2 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 6 of 17Page 3 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 3 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 7 of 17Page 4 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 4 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 8 of 17Page 5 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 5 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 9 of 17Page 6 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 6 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 10 of 17Page 7 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 7 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 11 of 17Page 8 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 8 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 12 of 17Page 9 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 9 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 13 of 17Page 10 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 10 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 14 of 17Page 11 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 11 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 15 of 17Page 12 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 12 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 16 of 17Page 13 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 13 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Page 17 of 17Page 14 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 14 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a FOURTH AMENDMENT to PROFESSIONAL SERVICES AGREEMENT THIS FOURTH AMENDMENT OF THE PROFESSIONAL SERVICES AGREEMENT (this “Amendment”) is made as of the _______ day of February, 2023, by and between THE CITY OF EVANSTON, an Illinois municipal corporation (hereinafter referred to as “City”) and SAFEBUILT ILLINOIS, LLC (hereinafter referred to as “Vendor”). The City and Vendor shall be referred to collectively as the “Parties”. WITNESSETH WHEREAS, the City and Vendor entered into a Professional Services Agreement dated January 16, 2019 (the “Agreement”) (the terms and conditions of which are incorporated herein as Exhibit “A”) to provide support plan review and building inspection services to the City whenever the need for such additional support services arises (the “Services”); and WHEREAS, the City and Vendor implemented First Amendment on January 21, 2021 to amend the term of the Agreement and provide for an extension of the service agreement to March 31, 2022 and implement a fee increase provided for in Exhibit A, Section III of Agreement; WHEREAS, the City and Vendor implemented Second Amendment on March 23, 2022 to amend the term of the Agreement and provide for an extension of the service agreement to March 31, 2023 and implement a fee increase provided for in Exhibit A, Section III of Agreement; WHEREAS, the City and Vendor implemented Third Amendment on July 22, 2022 to add Right of Way Permitting Services Technician and associated fee to Section IV. Description of Services and Exhibit A. Section III. Fees of Agreement; WHEREAS, the City and Vendor seek to amend the Agreement to provide for an extension of the Agreement term to March 31, 2024; and to add As-Requested Planning and Zoning Services, As- Requested Fire Plan Review Services and Project Plan Review Services for the Northwestern University Stadium Project along with associated fees to Section IV. Description of Services and Exhibit A. Section III. Fees of Agreement; NOW THEREFORE, in consideration of the mutual observance of the covenants, conditions and promises set forth below and the parties agree as follows: I. AGREEMENT IN FULL FORCE AND EFFECT: DEFINITIONS The Parties acknowledge and agree that this Amendment shall supercede, control and be deemed to modify the terms of the Agreement. In the event of any conflict between the terms and conditions of this Amendment and the terms of the Agreement, the parties unconditionally agree that the terms and conditions of this Amendment shall supercede, prevail and dictate. Any term or condition of the Agreement not addressed within this Amendment remain in full force and effect. The above-referenced recitals and incorporated herein. Page 15 of 18 May11 ______ Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 15 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a II. TERM Section II of the Agreement allows for three (3) one (1) year renewals upon written agreement of both parties. Parties desire to exercise the third renewal option and extend completion date for a period of one (1) year: II. COMPLETION DATE: March 31, 2024 III. DESCRIPTION OF SERVICES Vendor will perform Project Plan Review Services for the Northwestern University Stadium Project located at 1501 Central Avenue, Evanston, IL 60208. Vendor will perform Planning and Zoning Services on an as-requested basis: As-Requested Planning & Zoning Consultation Services  Review of Building Permits for Zoning Code compliance  Review of zoning applications and site plans  Preparation of staff reports and recommendations to planning commission and elected officials  Training programs for Planning Commission and Appeals Board  Preparation of zoning code amendments  Updates to the zoning code and other land development regulations  Preparation of new master plan  Preparation of special studies (subarea plans, corridor studies, etc.) Vendor will perform Fire Plan Review Services on an as-requested basis: As-Requested Fire Plan Review Services  Fire suppression, sprinkler, alarm system, fire access and hazmat storage plan review  Accept and perform plan review electronically, as well as in traditional paper format  Review plans for compliance adopted fire codes, local amendments and ordinances  Coordinate review with applicable departments and local fire districts/authorities  Address substantial issues by comment and corrections in writing  Return a set of finalized plans and all supporting documentation  Review all revisions and be available for consultation after review is completed IV. EXHIBIT A. SECTION III. FEES Section III. Fees allows for a fee increase based on the Consumer Price Index as described below: Beginning January 01, 2020 and annually thereafter, the hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”) for the Municipality or, if not reported for the Municipality the CPI for cities of a Page 16 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 16 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. Service Fee Schedule shall be replaced with and read in its entirety as follows: Service Fee Schedule: Inspection Services • Building, Mechanical, Electrical, Plumbing $83.12 per hour – one (1) hour minimum Plan Review Services • Commercial, Multi-Family, Single-Family • Mechanical, Electrical, Plumbing $84.17 per hour – one (1) hour minimum Expedited Plan Review Fee $125.24 per hour – one (1) hour minimum Structural Engineering Plan Review Fee $125.24 per hour – one (1) hour minimum Fire Plan Review Services $110.00 per hour – one (1) hour minimum After Hours/Emergency Inspection Services $113.86 per hour – two (2) hour minimum Non-Permitted Activity (by request only) $85.38 per hour – one (1) hour minimum Investigative Services (by request only) $85.38 per hour – one (1) hour minimum Right of Way Permitting Services Technician $78.00 per hour – one (1) hour minimum Planning & Zoning Services Fee Table: Principal Planner $180.00 per hour – one (1) hour minimum Planning Manager $165.00 per hour – one (1) hour minimum Senior Planner $150.00 per hour – one (1) hour minimum Associate Planner $125.00 per hour – one (1) hour minimum Assistant Planner $ 90.00 per hour – one (1) hour minimum Planning Technician $ 75.00 per hour – one (1) hour minimum Assignment of appropriate staff level will be determined by SAFEbuilt and City COE Planning Manager prior to services being rendered. Project Plan Review Services Fee Schedule for the Northwestern University Stadium Project located at 1501 Central Avenue, Evanston, IL 60208. Plan Review Fee shall be: Commercial Plan Review Services • Initial plan review • Up-to two (2) re-reviews Includes up to three (3) reviews for each trade (Building, Mechanical, Electrical, Plumbing) for a total of twelve (12) reviews. $140,000.00 Additional Plan Review – Commercial • After two (2) re-reviews • Revisions to previously reviewed plans $105.00 per hour – one (1) hour minimum per day Expedited Plan Review Services 1.5x ‘Remote Plan Review Services’ fee schedule Page 17 of 18 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 17 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Licensed Engineering Plan Review $135.00 per hour – two (2) hour minimum per day Review of changes to approved plans $105.00 per hour – one (1) hour minimum per day Each Party will pay one-way shipping costs Municipality pays to ship plans to Consultant Consultant pays to ship plans to Municipality V. COUNTERPARTS This Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. For purposes of this Amendment, facsimile and scanned signatures shall be considered the same as original signatures and shall be treated as valid and binding upon the parties hereto, provided, however the parties shall exchange original signature pages as reasonably promptly following execution hereof. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed the day and year first above written. CITY OF EVANSTON SAFEbuilt Illinois, LLC an Illinois municipal corporation a Illinois corporation By: By: Print Name: _______________ Print Name: ______________ Its: City Manager Its: _________________ Date: Date: ________________ Gary Amato CAO February 14, 2023 Page 18 of 18 Luke Stowe Approved as to form: Nicholas E. Cummings Corporation Counsel 05 / 11 / 2023 Doc ID: 8e5c97430860efa5417248f7f9f141c1bc7cd593Page 18 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a FIFTH AMENDMENT to PROFESSIONAL SERVICES AGREEMENT THIS FIFTH AMENDMENT OF THE PROFESSIONAL SERVICES AGREEMENT (this “Amendment”)is made as of the _______day of March,2024,by and between THE CITY OF EVANSTON,an Illinois municipal corporation (hereinafter referred to as “City”)and SAFEBUILT ILLINOIS,LLC (hereinafter referred to as “Vendor”).The City and Vendor shall be referred to collectively as the “Parties”. WITNESSETH WHEREAS,the City and Vendor entered into a Professional Services Agreement dated January 16,2019 (the “Agreement”)(the terms and conditions of which are incorporated herein as Exhibit “A”)to provide support plan review and building inspection services to the City whenever the need for such additional support services arises (the “Services”);and WHEREAS,the City and Vendor implemented First Amendment on January 21,2021 to amend the term of the Agreement and provide for an extension of the service agreement to March 31, 2022 and implement a fee increase provided for in Exhibit A,Section III of Agreement; WHEREAS,the City and Vendor implemented Second Amendment on March 23,2022 to amend the term of the Agreement and provide for an extension of the service agreement to March 31,2023 and implement a fee increase provided for in Exhibit A,Section III of Agreement; WHEREAS,the City and Vendor implemented Third Amendment on July 22,2022 to add Right of Way Permitting Services Technician and associated fee to Section IV.Description of Services and Exhibit A.Section III.Fees of Agreement; WHEREAS,the City and Vendor implemented Fourth Amendment on May 11,2023 to amend the Agreement to provide for an extension of the Agreement term to March 31,2024;and to add As-Requested Planning and Zoning Services,As-Requested Fire Plan Review Services and Project Plan Review Services for the Northwestern University Stadium Project along with associated fees to Section IV.Description of Services and Exhibit A.Section III.Fees of Agreement; WHEREAS,the City and Vendor seek to amend the Agreement to provide for an extension of the Agreement term for support plan review and building inspection services to the City whenever the need for such additional support services arises (the “Services”);and As-Requested Fire Plan Review Services to June 30,2024;and to extend the contract period for Commercial Plan Review Services for Northwestern University’s Ryan Field Stadium until the first temporary certificate of occupancy,anticipated to be in Summer of 2026. Page 19 of 22 27 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a NOW THEREFORE,in consideration of the mutual observance of the covenants,conditions and promises set forth below and the parties agree as follows: I.AGREEMENT IN FULL FORCE AND EFFECT:DEFINITIONS The Parties acknowledge and agree that this Amendment shall supercede,control and be deemed to modify the terms of the Agreement.In the event of any conflict between the terms and conditions of this Amendment and the terms of the Agreement,the parties unconditionally agree that the terms and conditions of this Amendment shall supercede,prevail and dictate.Any term or condition of the Agreement not addressed within this Amendment remain in full force and effect.The above-referenced recitals and incorporated herein. II.TERM FOR SUPPORT PLAN REVIEW AND BUILDING INSPECTION SERVICES,AND AS-REQUESTED FIRE PLAN REVIEW SERVICES II.COMPLETION DATE:June 30,2024 III.DESCRIPTION OF SERVICES Vendor will perform support plan review and building inspection services whenever the need for such additional support services arises. Vendor will perform Fire Plan Review Services on an as-requested basis: As-Requested Fire Plan Review Services ✔Fire suppression,sprinkler,alarm system,fire access and hazmat storage plan review ✔Accept and perform plan review electronically,as well as in traditional paper format ✔Review plans for compliance adopted fire codes,local amendments and ordinances ✔Coordinate review with applicable departments and local fire districts/authorities ✔Address substantial issues by comment and corrections in writing ✔Return a set of finalized plans and all supporting documentation ✔Review all revisions and be available for consultation after review is completed IV.TERM FOR PROJECT PLAN REVIEW SERVICES FOR NU STADIUM PROJECT IV.COMPLETION DATE:To first temporary certificate of occupancy,anticipated in Summer of 2026. V.DESCRIPTION OF SERVICES Vendor will perform Project Plan Review Services for the Northwestern University Stadium Project located at 1501 Central Avenue,Evanston,IL 60208. VI.EXHIBIT A.SECTION III.FEES Page 20 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Section III.Fees allows for a fee increase based on the Consumer Price Index as described below: Beginning January 01,2020 and annually thereafter,the hourly rates listed shall be increased based upon the annual increase in the Department of Labor,Bureau of Labor Statistics or successor thereof,Consumer Price Index (United States City Average,All Items (CPI-U),Not Seasonally adjusted,All Urban Consumers,referred to herein as the “CPI”)for the Municipality or,if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year,such increase, however,not to exceed 4%per annum.The increase will become effective upon publication of the applicable CPI data.If the index decreases,the rates listed shall remain unchanged. Service Fee Schedule shall be replaced with and read in its entirety as follows: Service Fee Schedule: Inspection Services ●Building,Mechanical,Electrical,Plumbing $85.86 per hour -one (1)hour minimum Plan Review Services ●Commercial,Multi-Family,Single-Family ●Mechanical,Electrical,Plumbing $86.94 per hour -one (1)hour minimum Fire Plan Review Services $110.00 per hour -one (1)hour minimum Expedited Plan Review $129.37 per hour -one (1)hour minimum Structural Engineering $129.37 per hour -one (1)hour minimum After Hour Inspections $117.62 per hour -one (1)hour minimum Non-permitted activity $88.20 per hour -one (1)hour minimum Investigative Services $88.20 per hour -one (1)hour minimum Right of Way Permitting $80.57 per hour -one (1)hour minimum Project Plan Review Services Fee Schedule for the Northwestern University Stadium Project located at 1501 Central Avenue,Evanston,IL 60208. Plan Review Fee shall be: Commercial Plan Review Services ●Initial plan review ●Up-to two (2)re-reviews Includes up to three (3)reviews for each trade (Building,Mechanical,Electrical, Plumbing)for a total of twelve (12)reviews $140,000.00 Additional Plan Review –Commercial ●After two (2)re-reviews ●Revisions to previously reviewed plans $105.00 per hour –one (1)hour minimum per day Expedited Plan Review Services 1.5x ‘Remote Plan Review Services’fee schedule Licensed Engineering Plan Review $135.00 per hour –two (2)hour minimum per day Page 21 of 22 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a Review of changes to approved plans $105.00 per hour – one (1) hour minimum per day Each Party will pay one-way shipping costs Municipality pays to ship plans to Consultant Consultant pays to ship plans to Municipality V.COUNTERPARTS This Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. For purposes of this Amendment, facsimile and scanned signatures shall be considered the same as original signatures and shall be treated as valid and binding upon the parties hereto, provided, however the parties shall exchange original signature pages as reasonably promptly following execution hereof. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed the day and year first above written. CITY OF EVANSTON SAFEbuilt Illinois, LLC an Illinois municipal corporation a Illinois corporation By:By: Print Name: _______________Print Name: ______________ Its: City Manager Its: _________________ Date:Date: ________________ Matthew K. Causley Chief Operating Officer 03/07/2024 Page 22 of 22 Luke Stowe Approved as to form: Brian George Acting Corporation Counsel 03 / 27 / 2024 Doc ID: 7ab7eec6a55b95a888db8013e662daa90bd98d8a 5th Amendment with SAFEbuilt, Inc., for a Commercial Plan... Approval_of_a_Con...lt__Inc.__for.pdf 7ab7eec6a55b95a888db8013e662daa90bd98d8a MM / DD / YYYY Signed 03 / 27 / 2024 08:53:57 UTC-5 Sent for signature to Brian George (bgeorge@cityofevanston.org) and Luke Stowe (lstowe@cityofevanston.org) from lthomas@cityofevanston.org IP: 66.158.65.76 03 / 27 / 2024 10:15:27 UTC-5 Viewed by Brian George (bgeorge@cityofevanston.org) IP: 24.13.109.77 03 / 27 / 2024 10:16:42 UTC-5 Signed by Brian George (bgeorge@cityofevanston.org) IP: 24.13.109.77 03 / 27 / 2024 13:29:52 UTC-5 Viewed by Luke Stowe (lstowe@cityofevanston.org) IP: 66.158.65.76 03 / 27 / 2024 13:30:11 UTC-5 Signed by Luke Stowe (lstowe@cityofevanston.org) IP: 66.158.65.76 The document has been completed.03 / 27 / 2024 13:30:11 UTC-5