The URL can be used to link to this page

2020/09/24 Atom Engineering Construction, Inc. CIP 19-18 Police Headquarters Wall Plan Phase - 1 Project Owner-Contractor Agreement* Please attached a second page for additional information to support this agreement. CITY OF MENIFEE Agreement/contract coversheet DATE: September 21, 2020 TO: Armando G. Villa, City Manager CC: Agreement Routed/Approved to City Attorney: 9/21/2020 (Via email, attached) Insurance Requirements: General Liability (Expiration Date: 8/23/2021) (Attached) Automobile Liability (Expiration Date: 8/30/2021) Worker’s Compensation (Expiration Date: 8/1/2021) Other- Umbrella Liability (Expiration Date: 8/23/2021) FROM: Carlos Geronimo, Principal Engineer Diego Guillen, Associate Engineer Margarita Cornejo, Financial Services Manager SUBJECT: Owner Contractor Agreement between the City of Menifee and AToM Engineering Construction, INC. for CIP 19-18 Police Headquarters Wall Plan Phase-1 Project. IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER’S SIGNATURE AUTHORITY? Yes – Purchase of Commodities under $50,000 Professional Services under $25,000 Change Order under $25,000 or equal to or less than 10% of original contract (supplies, equipment, services or construction contracts) Public Works Contract for $60,000 or less No – City Council authorized City Manager to sign (Council action attached) Per 8/5/2020 City Council Staff Report/Action, City Manager is authorized to execute all necessary documents and agreements for the construction and inspection of the project (See Attached) WHY IS THIS AGREEMENT/CONTRACT NEEDED? The agreement between the City of Menifee and AToM Engineering Construction generally consists of construction of an 8’ block wall and wrought iron gates and fence for the Menifee Police Headquarters. Since the City Council approved utilizing the former Menifee City Hall site located at 29714 Haun Road, as the new Menifee Police Department (PD) Headquarters (HQ), staff has worked diligently to update, retrofit, and improve the site to accommodate the new Police Department. The key improvement were completed in preparation for the launch of the department on July 1, 2020. Department Date Initials Christine Booker, Budget & Grant Analyst Pat Walsh, Police Chief Jeff B. Wyman, Assistant City Manager Wendy Preece, Deputy Finance Director Rochelle Clayton, Deputy City Manager Jeffrey T. Melching, City Attorney Sarah A. Manwaring, City Clerk DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 9/21/2020 9/21/2020 9/21/2020 9/21/2020 9/23/2020 9/23/2020 9/24/2020 2 Staff has identified that additional security improvements are needed to provide more safety to staff as well as the police fleet. The most economical way to provide the level of security needed is a combination of an eight-foot split-face block wall combined with an eight-foot wrought iron fence. On August 5, 2020 City Council authorized staff to move forward with the project. Subsequently a formal sealed bid process was completed with AToM Engineering determined the lowest responsible bidder. AToM Engineering Construction will perform the construction of the perimeter block wall and fence. WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT? The term of the agreement will cover the period of September 11, 2020 to June 30, 2021 WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? $228,398 (Not-to-Exceed Amount) HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON? A sealed bid for CIP 19-18 Police Headquarters Wall Plan Phase-1 Project was posted on PlanetBids and AToM Engineering Construction, Inc. was determined to be the lowest responsive/responsible bidder. Supplies/Equipment/Maintenance/Construction Prior Contract/Experience with the City $5,000 - $49,000 – Three Written Quotes Yes Over $50,000 – Competitive Bidding and Formal Proposals Public Works Projects Professional Services Under $60,000 – Purchase Order, Contract (Prudent Judgement) Under $25,000 – City Manager $60,000 - $200,000 – Informal Bidding Process over $25,000 – City Council Approval Over $200,000 – Formal Bidding Required WHERE ARE THE FUNDS COMING FROM? CIP 19-18 Police Headquarters Wall Plan Phase-1 Project WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? 105-4911-58090 (Measure DD Menifee PD) IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? Yes, as of 9/21/2020 Account #105-4911-58090 has a balance of $430,000 (See attached Eden Report) ATTACHMENTS - CONTRACT/AMENDMENT - CERTIFICATES OF INSURANCE - EMAIL TO CITY ATTORNEY FOR REVIEW/APPROVAL - EXPENDITURE STATUS REPORT (AVAILABILITY OF FUNDS) - OTHER: 8/5/2020 CC STAFF REPORT DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a08/09/19 Page 1 CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT CIP 19-18 POLICE HEADQUARTERS WALL PLAN PHASE-1 PROJECT This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and ATOM ENGINEERING CONSTRUCTION, INC. (“Contractor”), whose principal business address is 40410 VISTA ROAD, HEMET, CA 92544 on the ________ day of ______________, 20__. In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows: 1.CONSTRUCTION The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 19-18 POLICE HEADQUARTERS WALL PLAN PHASE-1 PROJECT to be constructed at the 29714 Haun Road, Menifee CA 92586 in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void. 2.CONTRACT PRICE Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3.TIME FOR PERFORMANCE Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents. The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 2024thSeptember 290/031858-0008 7645681.2 a08/09/19 Page 2 4.DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. 5.LABOR CODE REQUIREMENTS Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.] 6.NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age. 7.AUTHORIZED AGENCY REPRESENTATIVES On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees. 8.WORKERS’ COMPENSATION INSURANCE a)By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b)The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: “I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.” 9.ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a08/09/19 Page 3 10.MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested. 11.INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. 12.LICENSES AND PERMITS Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 13.GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch 14.COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 15.FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a08/09/19 Page 4 (Initial) (Initial) 16.AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. AGENCY: City of Menifee By: Armando G. Villa, City Manager By: Name: Tamara Boyer Its: President APPROVED AS TO FORM: By: Jeffrey T. Melching, City Attorney By: Name: Larry Boyer Its: Secretary ATTEST: By: Sarah A. Manwaring, City Clerk Contractor’s City Business License No. 962398, Class A and B State Contractor License No. & Class 40410 VISTA ROAD Street Address Hemet, CA 92544 City, State, Zip Code [NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.] CONTRACTOR: AToM Engineering Construction, Inc. DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a08/09/19 Page 5 EXHIBIT A CONTRACT DOCUMENTS Owner-Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, telephone, and cable television company specifications and standards DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a08/09/19 Page 6 EXHIBIT B CONTRACT PRICE Two Hundred Twenty Eight Thousand Three Hundred Ninety Eight Dollars and Zero Cents ($228,398.00) The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency. DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a00/00/00 Page 7 DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a00/00/00 Page 8 DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a00/00/00 Page 9 DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a00/00/00 Page 10 DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a00/00/00 Page 11 DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 290/031858-0008 7645681.2 a00/00/00 Page 12 DocuSign Envelope ID: 9B740B25-B303-4D64-A882-E45ABD577437DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD 9/10/2020 JVRC Insurance Services 5707 Corsa Ave Suite 105 Westlake Village CA 91362 Joseph Melech 818-735-7600 818-735-7600 services@jvrcinsurance.com Atom Engineering Construction Inc 40410 Vista Rd Hemet CA 92544 Colony Insurance Company 39993 Infinity Insurance Company 22268 StarStone National Insurance Company 12831 Benchmark Insurance Company 41394 A 6 6 6 600GL0182435-00 8/23/2020 8/23/2021 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Employer's Liability 1,000,000 B 6 504610127616001 8/30/2020 8/30/2021 1,000,000 C 6 6 81940W201ALI 8/23/2020 8/23/2021 3,000,000 3,000,000 D Y CST5019760 8/1/2020 8/1/2021 6 6 1,000,000 1,000,000 1,000,000 City of Menifee and its officers, employees, agents, and authorized volunteers are named as additional insured, ongoing and completed operations, on a primary and non-contributory basis, with respect to the general liability policy. Waiver of subrogation applies with respect to the general liability and workers compensation policies. City of Menifee 29844 Haun Road Menifee CA 92586 Y YY DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 600 GL 0182535-00DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 600 GL 0182535-00DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 600 GL 0182535-00DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 04 13 © Insurance Services Office, Inc.,2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE COND ITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 600 GL 0182535-00DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 600 GL 0182535-00DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 08/01/2020 Policy Effective Dates: 08/01/2020 - 08/01/2021 Insured: Carrier Name / Code: WC 04 03 06 Countersigned by Policy No.: CST5019760 Endorsement No. Benchmark Insurance Company A Atom Engineering Construction Inc (Ed. 04-84) Page 1 of 1© Copyright 1984 National Council on Compensation Insurance, Inc. DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 From:Margarita Cornejo To:Paula Muratore Subject:FW: Agreement Review Request: Owner Contractor Agreement with AToM Engineering Construction for CIP 19- 18 Date:Monday, September 21, 2020 8:59:22 AM Attachments:2021 PW-ENG- PUBLIC WORKS AGREEMENT (ATOM ENGINEERING) (CIP 19-18 PD WALL PLAN PHASE-1).docx From: Margarita Cornejo Sent: Monday, September 21, 2020 8:57 AM To: Jeffery T. Melching <jmelching@rutan.com> Subject: Agreement Review Request: Owner Contractor Agreement with AToM Engineering Construction for CIP 19-18 Good Morning Jeff, Attached for your review is the proposed Owner Contractor Agreement with AToM Engineering Construction, INC. for CIP 19-18 Police Headquarters Wall Plan Phase-1 Project This agreement request is from the City’s Public Works/Engineering Department. Can you please review and advise if this is ok to start routing for signatures or will require any changes? Thank you! Margarita Cornejo | Financial Services Manager Finance Department City of Menifee | 29844 Haun Road | Menifee, CA 92586 (*Please note our new location!) Direct: (951) 723-3716 | City Hall: (951) 672-6777 | Fax: (951) 679-2568 mcornejo@cityofmenifee.us Connect with us on social media: | | | DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 09/14/2020 City of Menifee 1 10:56AM Page:expstat.rpt Expenditure Status Report 7/1/2020 through 6/30/2021 Periods: 0 through 14 Measure DD Transaction Tax Fund105 Account Number Adjusted Appropriation Expenditures Year-to-date Expenditures Year-to-date Encumbrances Balance Prct Used 105-4911 Menifee Police Department 430,000.00 0.00 0.00 0.00105-4911-58090 Menifee Police Headquarters 0.00 430,000.00 Total Measure DD Transaction Tax Fund 430,000.00 0.00 0.00 0.00 430,000.00 0.00 Grand Total 430,000.00 0.00 0.00 0.00 0.00 430,000.00 1Page: DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 CITY OF MENIFEE SUBJECT: CIP 19-18 Police Headquarters - Perimeter Security Wall Project - Phase 1 MEETING DATE: August 5, 2020 TO: Mayor and City Council PREPARED BY: Diego Guillen, Associate Engineer REVIEWED BY: Jonathan Smith, Public Works Director/City Engineer APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Authorize the Director of Public Works/City Engineer to advertise a Notice Inviting Bids for CIP 19-18 Police Headquarters - Security Wall; and 2. Authorize the City Manager to execute all necessary documents and agreements for the construction and inspection of the project, including but not limited to, Owner-Contractor Agreement for construction of the project and a project contingency of up to 10% of the awarded Owner-Contractor Agreement for any necessary change order work necessary for completion of the project. DISCUSSION Since the City Council approved utilizing the former Menifee City Hall site located at 29714 Haun Road, as the new Menifee Police Department (PD) Headquarters (HQ), staff has worked diligently to update, retrofit, and improve the site to accommodate the new Police Department. The key improvements completed in preparation for the launch of the Department on July 1, 2020 include:  Seismic retrofit of building ‘A’ to meet essential building requirements  Reconstruction / reconfiguration of the interior of building ‘A’ and ‘B’ (Former AMR building)  Addition of 2 double wide modular locker room and restroom buildings  Grading and paving of the parking lot  Addition of a generator to provide emergency power in the event of a power outage  Security camera and access control improvements The improvements listed above were completed within the approved police department improvement budget and in time for the launching of our PD. Additional security improvements are needed to provide additional safety to staff as well as the police fleet. The most economical way to provide the level of security needed is a combination of an eight-foot split-face block wall combined with an eight-foot wrought iron fence. DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 City of Menifee Staff Report CIP 19-18 Police Headquarters - Perimeter Security Wall Project - Phase 1 August 5, 2020 Page 2 of 3 Phase 1- Perimeter Block Wall and Fence: The phase 1 improvements will consist of a reinforced standard eight-foot split-face block wall fronting Haun Road, in front of the modular building, ending at the westerly edge of the new driveway where a 24-foot long wrought iron sliding gate and a four-foot wide pedestrian gates will be installed. The wall will begin again on the easterly edge of the existing driveway then turn 90-degrees along the easterly property line to a point about 25 feet past the existing Gerber Collision building. An eight-foot wrought iron fence will be installed between the new wall and the existing Gerber Collision building to prevent access to the parking lot. To reduce costs, Public Works and Engineering Department staff have coordinated with PD, Planning Department, and Building and Safety Department staff to design the wall and prepare the contract documents in-house. Construction management and inspection will be performed by City staff while labor compliance and material testing will be performed City consultants. A summary of the project construction costs is outlined below: Engineers Cost Estimate: Construction Contract: $207,580 Standard Construction Contingency (10%): $20,758 Consultant Labor Compliance (5%): $10,379 Estimated Material Testing (12%) $24,910 Construction Management/Inspection $ 0 Total Construction Cost: $263,627 Tentative Project Schedule: Anticipated Construction Start Date: October 14, 2020 Estimated Construction Completion Date: December 16, 2020* Estimated Council Acceptance Date: February 5, 2021 *Assumes no delays due to weather or unforeseen conditions. FISCAL IMPACT The estimated fiscal impact of the proposed perimeter security wall, for Phase I would be approximately $263,627. Final costs are contingent upon the results of the actual bid process, once completed. Costs associated with the project would be covered by existing funds within the FY20/21 adopted budget: Account Name Account Number Available Funds Menifee Police Headquarters 105-4911-58090 $273,873 DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5 City of Menifee Staff Report CIP 19-18 Police Headquarters - Perimeter Security Wall Project - Phase 1 August 5, 2020 Page 3 of 3 ATTACHMENTS 1. CIP 19-18 Wall Plans 2. Bid and Contract Documents 3. Perimeter Wall Project Cost Estimate DocuSign Envelope ID: 1197FC75-5674-4046-94CE-9C52E9FB57D5