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SR 07-18-2023 5E
City Council Report City Council Meeting: July 18, 2023 Agenda Item: 5.E 1 of 4 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Authorize and Execute a First Modification to the Agreement with Safeguard US Inc. for Fall Protection Services Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines. 2. Authorize the City Manager to negotiate and execute a first modification to agreement #11149 in the amount of $299,023 (including a 15% contingency) with Safeguard US, Inc. to provide fall protection infrastructure in response to the findings of a fall hazards location report conducted as part of the City’s Risk Management program. This will result in a four-year amended agreement with a new total amount not to exceed $1,930,957, with future year funding contingent on Council budget approval. 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. Summary The City of Santa Monica’s Risk Management Division is responsible for providing safe and inviting areas for visitors and staff. On November 24, 2020, staff issued a Request for Bids (RFB) SP#2643 for a design/build contractor to address fall hazard locations at the facilities noted in an initial fall hazard locations report procured by Risk Management in 2018. On April 13, 2021, City Council approved staff’s recommendation to award the Fall Protection Project to Safeguard US Inc. The first phase of the Fall Protection Project was completed per California Division of Occupational Safety and Health (Cal- OSHA) standards at City Hall, the Public Safety Facility, the Montana Branch Library, Big Blue Bus facilities, Woodlawn Cemetery, the Arcadia Water Treatment Plant, and 5.E Packet Pg. 135 2 of 4 the City Yards. Staff recommends a first modification of agreement 11149 with Safeguard US, Inc., in the amount of $299,023, including 15% contingency, for a four- year amended agreement with a total amount not to exceed $1,930,957. The modification would expand the remediation of unsafe working conditions at City facilities including Fire Station 2, Fire Station 3, the Ken Edwards Center, and the Public Safety Facility drone deck. Discussion Facilities owned by the City of Santa Monica range from new construction to historic buildings. Cal-OSHA fall protection requirements for new and existing structures are revised periodically. Some of the structures owned by the City do not meet current Cal- OSHA standards. The City recently completed the first phase of a citywide fall protection retrofit per Cal-OSHA standards with Safeguard US, Inc.. Subsequently, the Risk Management Division identified further locations that need immediate attention. The areas that need immediate attention are used by the City’s maintenance staff and are not accessible to the public. Special safety precautions have been taken whenever staff work at or around these areas. As a property owner, the City is responsible for updating its facilities and meeting building code requirements. Staff recommends a first modification of agreement 11149 with Safeguard US, Inc., in the amount of $299,023, including 15% contingency, for a two-year amended agreement with a total amount not to exceed $1,930,957. The modification would expand the remediation of unsafe working conditions at City facilities including Fire Station 2, Fire Station 3, the Ken Edwards Center, and the Public Safety Facility drone deck. Environmental Impact The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of 5.E Packet Pg. 136 3 of 4 existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The project would not result in any significant expansions to the existing spaces. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines. Past Council Actions Meeting Date Description 04/13/2021 (Attachment A) Original bid and award of agreement with Safeguard US Inc. for fall protection design and equipment procurement. 5.E Packet Pg. 137 4 of 4 Financial Impacts and Budget Actions Staff seeks authority to approve available funding from the General Fund to award a contract modification with Safeguard US, Inc., for the design, procurement, and installation of fall protection safety equipment. Contract Modification Request Agreement # Current Authorized Amount FY 2023-24 Modified Request Amount CIP Account # Total Revised Contract Amount 11149 $1,631,934 $299,023 C0107940.689000 $1,930,957 Prepared By: William Clerk, Architectural Associate Approved Forwarded to Council Attachments: A. Staff Report - April 13, 2021 Original Award (Web Link) B. Quote - Safeguard US, Inc. Fall Protection Package 2 C. Oaks Initiative Form - Safeguard US, Inc. D. 0001 - Safeguard Original Agreement 5.E Packet Pg. 138 CALIFORNIA CONTRACTORS LICENSE: 1021082 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com QUOTE Fall Protection System Fall Protection Package 2 - Santa Monica, CA QUOTE #: SUS07846 – Revision 1 DATE: April 27, 2023 QUOTE EXPIRATION DATE: July 27, 2023 TO: William Clerk City of Santa Monica 1685 Main St Santa Monica CA 90401 (310) 429-6555 william.clerk@smgov.net ACCOUNT CONTACT EMAIL CELL PAYMENT TERMS Paul Betts pbetts@safeguard-industries.com (702) 553-9967 Net 30 SCHEDULE OF VAUES W. INSTALL OPTION 25% Once Shop Drawings are Submitted by Safeguard Industries 55% Once Materials are put into Storage or Shipped to Site (whichever is sooner) 20% Once Install is Complete (If Install is in multiple Stages, % to be broken out per mobilization) PRICE BREAK DOWN PRIORITY BUILDING CODE BUILDING NAME ROM VALUE VALUE W/O TAX SALES TAX VALUE W/ TAX 1 101 Fire Station 2 $52,194.80 $2,455.20 $54,650.00 1 102 Fire Station 3 $84,962.10 $5,347.90 $90,310.00 1 103 Ken Edwards Center $31,625.00 $855.00 $32,480.00 1 106 PSF New Drone Pilot Station $80,140.80 $2,439.20 $82,580.00 TOTAL $248,922.70 $11,097.30 $260,020.00 5.E.b Packet Pg. 139 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) QUOTE#: SUS07846.REV1 Page 2 of 11 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com QUOTE SUPPORTING DOCUMENTS: Client email on September 1st, 2022, including buildings’ photos. No specs were provided. Safeguard/CAL-OSHA standards were used No drawings were provided. QUOTE SUPPORTING DEADLINE: Materials to be on site or in storage no later than: Q3 2023 Onsite Install to happen no later than: Q4 2023 QUOTE INCLUSIONS: DESCRIPTION Engineering, shop drawing, calculation, and PE stamp Supply of Fall Protection systems as per Scope of Work. SGI installation, testing and certification of the system Ground shipping and handling, FOB jobsite. QUOTE EXCLUSIONS: DESCRIPTION Operating Procedures Outline Sheet (OPOS) Any reinforcement of structure The extra costs caused by any obstructions, delays, or shutdowns. Safe, clear, and uninterrupted access for installation to be provided by others Union Labor. Plan Check &/or Building Permit Costs Bonding. 5.E.b Packet Pg. 140 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) QUOTE#: SUS07846.REV1 Page 3 of 11 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com SCOPE OF WORK Priority #1 - Fire Station 2 – #101 222 Hollister Ave, Santa Monica, Zip 90405 Recommendation: 1- Install (2) free-standing guardrail systems ~80 feet total 2- Install (7) Guardrail systems (KeeDome) around skylights 3- No maintenance is required on sloped roof 5.E.b Packet Pg. 141 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) QUOTE#: SUS07846.REV1 Page 4 of 11 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com Priority #1 - Fire Station 3 – #102 1302 19th St, Santa Monica, Zip 90404 Recommendation: (As per Sketch provided by Client) 1- Install (1) free-standing guardrail systems ~ 330 feet 2- Install (1) New Ladder with Gate from mid-roof to high roof. 3- Install (1) KeeHatch system with gate for high roof access hatch. 4- No Fall Protection is required on Mid-Roof. Also, access to drains on lower roof to be from ground. 5.E.b Packet Pg. 142 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) QUOTE#: SUS07846.REV1 Page 5 of 11 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com Priority #1 - Ken Edwards Center – #103 1527 4th St, Santa Monica, Zip 90401 Recommendation: (As per Sketch provided by Client) 1- Install (1) free-standing guardrail system around the equipment with (1) access gate for ladder ~ 64 feet 2- Ladder to be remained. 3- No maintenance is required on high roof and standing seam roofs. 4- No photo was available for this roof. 5.E.b Packet Pg. 143 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) QUOTE#: SUS07846.REV1 Page 6 of 11 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com Priority #1 - PSF New Drone Pilot Station – #106 333 Olympic Drive, Santa Monica, Zip 90401 Recommendation: 1- Install (1) free-standing guardrail systems ~108 feet around the high roof with gate 2- Install (1) access platform/ship ladder to reach the high roof 5.E.b Packet Pg. 144 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) QUOTE#: SUS07846.REV1 Page 7 of 11 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com Quotation prepared by: Siamak Goosheh, 403-899-9294, sgoosheh@safeguard-industries.com This is a quotation on the goods named, subject to the conditions noted below: · Prevailing Wage is allowed for · Rental equipment for hoisting · QUOTATIONS: Quotations automatically expire 30 days after the date issued unless otherwise specified in the quotation. All quotations are subject to these Terms and Safeguard’s order acknowledgment. Orders become effective only when accepted by Safeguard’s written order acknowledgment. · PRICES: Unless otherwise stated in writing by Safeguard, all prices quoted expire 90 days after the date they are provided to Customer with the following exceptions. Prices quoted are based on current pricing from all Safeguard vendors and subcontractors, and an inflationary rate of 5% or less. During the period of acceptance of a quotation, and throughout the approval, production, delivery, and/or construction of the project, prices will be subject to escalation based on all documented price increases received from Safeguard vendors and subcontractors. Documentation consisting of vendor/subcontractor price increase announcements, escalation letters, revised price lists, etc., together with appropriate purchase order or pricing backup, will be furnished by Safeguard upon Customer request. An invoice supersedes all previous quotations and proposals. Prices quoted are exclusive of transportation costs, insurance, federal, state, local, excise, value-added, use, sales, property (ad valorem) and similar taxes or duties now in force or hereafter in effect. In addition to the prices quoted or invoiced, Customer agrees to pay all taxes, fees, or charges of any nature whatsoever imposed by any governmental authority on, or measured by, the transaction between Customer and Safeguard. If Safeguard is required to collect such taxes, fees, or charges, such amounts will appear as separate items on Safeguard’ invoice and will be paid by Customer. To accept this quotation, sign & date here and return: _________________________________________ SAFEGUARD INDUSTRIES LOOKS FORWARD TO WORKING WITH YOU! 5.E.b Packet Pg. 145 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) QUOTE#: SUS07846.REV1 Page 8 of 11 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com SAFEGUARD US INC. STANDARD TERMS AND CONDITIONS FOR ENGINEERED SYSTEMS Revised: Nov 2019 1 AGREEMENT. This quotation is expressly conditioned upon review and acceptance of these terms and conditions. The quotation and these terms and conditions constitute the entire agreement between Safeguard US Inc (“Company”) and Customer (hereinafter referred to as the “Agreement”). In the absence of written acceptance of this Agreement by Customer, placement of an order for any of the products covered by this Agreement by the Customer shall constitute an acceptance of these terms and conditions and this Agreement. Any additional or different terms or conditions shall not be effective or binding unless specifically agreed to in writing by Company. 2 QUOTATIONS: Quotations automatically expire 30 days after the date issued unless otherwise specified in the quotation. All quotations are subject to these Terms and Safeguard’s order acknowledgment. Orders become effective only when accepted by Safeguard’s written order acknowledgment. 3 PRICES: Unless otherwise stated in writing by Safeguard, all prices quoted expire 30/90 (whichever is relevant) days after the date they are provided to Customer with the following exceptions. Prices quoted are based on current pricing from all Safeguard vendors and subcontractors, and an inflationary rate of 5% or less. During the period of acceptance of a quotation, and throughout the approval, production, delivery, and/or construction of the project, prices will be subject to escalation based on all documented price increases received from Safeguard vendors and subcontractors. Documentation consisting of vendor/subcontractor price increase announcements, escalation letters, revised price lists, etc., together with appropriate purchase order or pricing backup, will be furnished by Safeguard upon Customer request. An invoice supersedes all previous quotations and proposals. Prices quoted are exclusive of transportation costs, insurance, federal, state, local, excise, value-added, use, sales, property (ad valorem) and similar taxes or duties now in force or hereafter in effect. In addition to the prices quoted or invoiced, Customer agrees to pay all taxes, fees, or charges of any nature whatsoever imposed by any governmental authority on, or measured by, the transaction between Customer and Safeguard. If Safeguard is required to collect such taxes, fees, or charges, such amounts will appear as separate items on Safeguard’ invoice and will be paid by Customer. 4 TERMS OF PAYMENT. Payment terms shall be as set forth in the quotation. Unless otherwise stated in the quotation, all invoices shall be paid in full in U.S. dollars within thirty (30) days of the invoice date. Customer shall pay a late fee of 1.5% per month. Company reserves the right at any time and for any reason to require payment in advance or COD, or to otherwise modify, suspend, or terminate any credit terms previously extended to Customer. 5 INDEPENDENT CONTRACTOR. Company is a non-exclusive independent contractor for all purposes and is not an agent of the Customer. Nothing in this Agreement or otherwise is intended or will be construed to create a joint venture, partnership, employment or other similar relationship. 6 TERMINATION. The Agreement may be modified or terminated only upon Company’s written consent. If all or part of the Agreement is terminated, in the absence of contrary written agreement of Company, Customer shall pay termination charges based upon actual expenses and cost incurred in the production of the products or in preparation of the supply of services to the date such termination is accepted by Company plus a reasonable profit, except that any product completed on or prior to company’s acceptance of such termination shall be accepted and paid in full by Customer. 7 DELIVERY AND TITLE. Title to the products and risk of loss or damage to the products shall pass to Customer at the products’ manufacturing location, immediately upon delivery to a suitable carrier, subject to Company’s security interest in such products as described below. Notwithstanding title to the products passing to Customer, title shall not pass to Customer as to any Company intellectual property rights. 8 SHIPMENTS. In the absence of specific shipping instructions, Company shall select a carrier who shall be deemed to act as Customer’s agent. Company shall be under no obligation to ship via any carrier selected by Customer if such carrier does not comply with applicable laws. Transportation charges will be collected on delivery or, if prepaid, will be subsequently invoiced to Customer. Unless otherwise indicated, Customer is obligated to obtain insurance against damage to products being shipped, and all products will be shipped in standard commercial packaging. When special or export packaging is requested or, in the opinion of Company, required under the circumstances, the cost of the same, if not set forth on the invoice, will be separately invoiced. All shipping dates are approximate, and Company may change the delivery date without penalty provided Company provides Customer with reasonable notice of such change. Company shall not be responsible for any failure to perform or delay in performing under this Agreement which is directly or indirectly due to circumstances beyond its reasonable control, including, without limitation, earthquakes, governmental regulation, fire, flood, labor difficulties, civil disorder, and acts of God. 9 ACCEPTANCE. Customer shall accept or reject products within five (5) business days of receipt of each shipment. Failure to notify 5.E.b Packet Pg. 146 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) QUOTE#: SUS07846.REV1 Page 9 of 11 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com Company in writing of nonconforming products within such period shall be deemed an unqualified acceptance. 10 SECURITY INTEREST. Company hereby reserves for itself a purchase money security interest in all products sold hereunder and the proceeds thereof, in the amount of the purchase price. In the event of default by Customer in any of its obligations to Company, Company will have the right to repossess the products sold hereunder without liability to Customer. Such security interest will be satisfied by payment in full. A copy of the invoice may be filed with appropriate authorities at any time as a financing statement and/or chattel mortgage to perfect Company’s security interest. Upon request, Customer will execute such financing statements and other instruments as Company may request to perfect Company’s security interest herein. 11 LIMITED WARRANTY. (a) Company warrants for a period of one (1) year from the date of delivery (the “Warranty Period”) the installation of and the products (except any excluded software) purchased and sold hereunder. This limited warranty is non-transferable and shall extend only to Customer, and not to any third parties (including, without limitation, Customer’s suppliers, customers, or any end users). (b) In the event of a breach of this limited warranty, Customer shall notify Company in writing by describing the nature of the non- conformity. Company shall, at its option, promptly repair or replace non-conforming products, or issue a credit for the purchase price of the nonconforming products, and shall pay the costs of any such repair or replacement, including transportation costs incurred in returning repaired or replaced products to Customer unless (i) the products are not defective, in which case Customer shall pay Company reasonable costs of inspection and all transportation charges, or (ii) the products are defective due to Customer’s or any third party’s improper installation, repair, damage, misuse, abuse, or failure to use replacement parts and materials equivalent to Company’s parts and materials, in which case Customer shall pay all costs of repair or replacement and transportation. The remedy stated in this Section 10 shall be Customer’s sole remedy in case of any breach of limited warranty by Company. (c) Company warrants that all services provided under this Agreement shall be performed in accordance with industry standards by employees or agents of Company who are experienced and skilled in their profession. (d) Fall protection systems such as the systems quoted herein are designed and engineered to be supplied as a complete, integrated fall protection system(s). The system(s) may include accessory equipment such as harnesses, lanyards and special connectors and should only be used with accessories which are specifically designed for use with the system. Use of other accessory equipment not supplied by Company or not approved by Company in writing for use with the system, and any modifications or alterations of the system void all warranties; in such circumstances the customer assumes full and sole responsibility for the dependability, integrity and performance of the entire system. (e) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, COMPANY MAKES NO WARRANTIES. ALL PRODUCTS ARE PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS, AND COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING OUT OF A COURSE OF DEALING, TO THE MAXIMUM EXTENT PERMITTED BY LAW. 12 FALL PROTECTION SYSTEM(S) LOADS AND BUILDING STRUCTURE. Unless otherwise stated in the quotation, the quotation is based upon the assumption that the existing structure to which the fall protections system is attached (if applicable) is able to withstand the loads imposed upon it by the fall protection systems. Company will determine the loads generated by the fall arrest systems in the event of a worst-case scenario fall. Company will design the structural connections to resolve those loads into the existing structure. Company will calculate the percentage of capacity required of the local structural members to which the fall arrest system is attached and make recommendations accordingly. Foundation placements for structural support frames have been located with regards to surface features only. Company will not be responsible for any underground obstacles of any kind. It is the responsibility of Customer to locate and mark any and all underground utilities. 13 FALL PROTECTION SYSTEMS- INSPECTION AND CERTIFICATION. Fall protections systems will be tested and certified at the time of installation. Company recommends that the entire system be inspected in compliance with the manufacturer’s instructions when it has obvious signs of damage, when a fall occurs; or at maximum one-year intervals. Company may upon request, provide this inspection. A price for the inspection service will be provided upon request. 14 Customer shall provide safe access to the work site. In the event that delays are caused by Customer with access to work site or failure to provide equipment as noted in the quotation, Customer shall be required to pay Company’s per diem rate of $650 per technician and pay all costs and fees associated with extra travel costs. 5.E.b Packet Pg. 147 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) QUOTE#: SUS07846.REV1 Page 10 of 11 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com 15 INDEMNITY. (a) CUSTOMER INDEMNITY. Customer shall indemnify, defend and hold Company harmless from and against any and all claims brought by any third party against Company arising out of or related to Customer’s use or distribution of any products purchased hereunder, including (i) any claim arising out of or related to any warranty made by or on behalf of Customer to its customers that expands any warranties provided herein or fails to limit any liability as provided herein or (ii) any breach of this Agreement by Customer; provided, Company: (a) gives prompt written notice to Customer of the institution of the suit or proceedings; and (b) permits Customer through its counsel to defend the same and gives Customer all needed information, assistance and authority to enable Customer to do so. (b) COMPANY INDEMNITY – IP. Subject to the limitations herein, Company shall defend any suit or proceeding brought against Customer if it is based on a claim that any product furnished hereunder constitutes an infringement of any third party copyright, trade secret or United States patent issued as of the date hereof, provided Company is promptly notified in writing by Customer and is given full and complete authority, information and assistance (at Company’s expense) for defense of same. Company shall pay damages and costs therein finally awarded against Customer but shall not be responsible for any compromise or settlement made without its written consent. In providing such defense, or in the event that such product is held to infringe or the use of such product is enjoined, Company shall have the right in its sole discretion to obtain the right to continue using such product, modify such product so that it becomes non-infringing, or require the return of such product and refund to Customer the purchase price paid by Customer to Company for such product. Company’s indemnity does not extend to claims of infringement arising from Company’s compliance with Customer’s design, specifications or instructions or the modification of the product by parties other than Company, or arising from the use of the product in combination with other products or in connection with a manufacturing or other process not supplied by Company. THE FOREGOING REMEDY IS EXCLUSIVE AND CONSTITUTES COMPANY’S SOLE OBLIGATION FOR ANY CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT. (c) COMPANY INDEMNITY- TO THE EXTENT ALLOWED BY LAW, COMPANY SHALL INDEMNIFY AND HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY CLAIMS, DAMAGES, LOSSES AND EXPENSES INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, DIRECTLY RESULTING FROM PERFORMANCE OF THE WORK UNDER THIS AGREEMENT, PROVIDED THAT ANY SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH, OR TO INJURY TO OR DESCTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), BUT ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMMISSIONS OF THE COMPANY. 16 LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, OR FOR ANY LOSS OF PROFITS OR LOSS OF USE, INCLUDING LOSS OR DAMAGE TO ANY NETWORKS, SYSTEMS, DATA OR FILES, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR OTHER DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS EXCLUSION ALSO INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST CUSTOMER. EXCEPT AS SET FORTH IN SECTION 12, COMPANY ASSUMES NO OBLIGATIONS OR LIABILITY OF ANY KIND WITH RESPECT TO INFRINGEMENTS OR ALLEGED INFRINGEMENTS OF UNITED STATES OR FOREIGN PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER PROPRIETARY RIGHTS ARISING OUT OF CUSTOMER’S PURCHASE, USE, OR POSSESSION OF COMPANY’S PRODUCTS AND CUSTOMER ASSUMES ALL SUCH RISK. IN NO EVENT SHALL COMPANY’S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER TO COMPANY AND SUBJECT TO THIS AGREEMENT. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF COMPANY ARISING OUT OF THIS AGREEMENT AND/OR THE SALE OF PRODUCTS TO CUSTOMER, AND THE PARTIES EXPRESSLY AGREE WITH THE RESULTING ALLOCATION OF RISK. 17 SUBSTITUTIONS AND MODIFICATIONS. Company reserves the right to (i) make substitutions and modifications in the specifications of products sold by Company, provided that such substitutions or modifications do not materially affect overall product performance, and (ii) discontinue or otherwise end-of-life any product sold hereunder. 18 PROPRIETARY RIGHTS. Customer acknowledges that the products sold by Company hereunder contain and embody trade secrets belonging to Company and Customer shall not reverse engineer any products purchased hereunder. In addition to the foregoing, Company owns all rights, title and interest in and to all other intellectual property rights, including patent and copyrights, in drawings and embodied by or reflected in the products. Company retains for itself all proprietary rights in and to all designs, engineering details, and other data pertaining to the products. 19 NOTICES. Any notice contemplated by or made pursuant to this Agreement shall be in writing and shall be deemed delivered on the 5.E.b Packet Pg. 148 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) QUOTE#: SUS07846.REV1 Page 11 of 11 _____________________________________________________________________________________________ Safeguard Industries 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com date of delivery if delivered personally, by fax, with receipt confirmed, or by express delivery service A notice given by any means other than as specified herein will be deemed duly given when actually received by the addressee. 20 IMPORT AND EXPORT REQUIREMENTS. Customer shall, at its own expense, pay all import and export licenses and permits, pay all value-added and other VATs, customs charges and duty fees, and take all other actions required to accomplish the export and import of the products purchased by Customer. Customer understands that Company may be subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibits export or diversion of certain technical products to certain countries. Customer warrants that it will comply in all respects with the export and re-export restrictions set forth in the export license for every product shipped to Customer. 21 APPLICABLE LAW, JURY TRIAL WAIVER, JURISDICTION, AND LIMITATION ON ACTIONS. This Agreement shall be governed by and construed under the laws of the State of Nevada, without regard to choice of law provisions, The parties hereby irrevocably and unconditionally submit to the jurisdiction of the Courts Clark County, State of Nevada. Customer shall not bring any action relating to any dispute Customer may have after one (1) year of the accrual of such dispute. 22 ATTORNEYS FEES. In the event litigation shall be instituted to enforce any provision of this Agreement, the prevailing party in such litigation shall be entitled to recover reasonable attorneys’ fees and expenses incurred in such litigation, including on appeal, in addition to any other recovery to which such party may be legally entitled. 23 ASSIGNMENT. This Agreement shall bind and inure to the benefit of Company’s successors and assigns, including, without limitation, any entity into which Company shall merge or consolidate. Customer may not assign, directly or indirectly, by operation of law or otherwise, any of Customer’s rights or obligations under this Agreement without Company’s prior written consent. Any attempted assignment, delegation, or transfer by Customer without such consent of Company shall be void. 24 CONFIDENTIALITY. Customer acknowledges that all technical or business and other documentation, information and materials delivered to or learned by Customer hereunder shall be considered Company’s confidential information (the “Confidential Information”). Customer hereby agrees: (i) to hold and maintain in strict confidence all Confidential Information of Company; and (ii) not to use any Confidential Information of Company except as permitted hereunder. Customer will use at least the same degree of care to protect the Company’s Confidential Information as it uses to protect its own confidential information of like importance, and in no event shall such degree of care be less than reasonable care. Customer agrees that it will only provide Confidential Information to those employees who have a need to know for the purposes hereunder. Customer agrees that it shall not disclose the Company Confidential Information to any third party, including third party contractors, without written authorization from Company. 25 ERRORS AND VALIDITY OF AGREEMENT. Stenographic and clerical errors in sales made under this Agreement are subject to correction. In the event any provision of this Agreement is held to be invalid or unenforceable, then such provision shall be deemed automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, shall be deemed a provision of this Agreement as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from this Agreement as though such provision had never been included herein. In either case, the remaining provisions of this Agreement will remain in full force and effect. 26 ENTIRE AGREEMENT. The terms and conditions set forth herein constitute the entire Agreement between Customer and Company and supersede any other agreements or offers, including any purchase order of Customer, prior or contemporaneous oral or written understandings, or communications relating to the subject matter hereof. 5.E.b Packet Pg. 149 Attachment: Quote - Safeguard US, Inc. Fall Protection Package 2 (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 5.E.cPacket Pg. 150Attachment: Oaks Initiative Form - Safeguard US, Inc. [Revision 1] (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Sensitivity: Internal DESIGN-BUILD CONTRACT by and between City of Santa Monica and SAFEGUARD US INC. CITY OF SANTA MONICA FALL PROTECTION PROJECT (SP2643) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 151 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build | October 2018 CC-i Sensitivity: Internal TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................... i SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. ................................ 1 SECTION 2 THE PROJECT. ............................................................................................. 1 SECTION 3 THE CONTRACT DOCUMENTS. .................................................................. 2 SECTION 4 THE WORK. ................................................................................................... 2 SECTION 5 TIME OF COMPLETION. ............................................................................... 2 SECTION 6 COMPENSATION TO CONTRACTOR. ......................................................... 4 SECTION 7 STANDARD OF CARE. .................................................................................. 6 SECTION 8 INDEMNIFICATION. ...................................................................................... 6 SECTION 9 COMPLIANCE WITH APPLICABLE LAWS. ................................................... 8 SECTION 10 INSURANCE AND BONDS. ........................................................................... 8 SECTION 11 PROHIBITION AGAINST TRANSFERS. ........................................................ 8 SECTION 12 NOTICES. ...................................................................................................... 8 SECTION 13 DEFAULT. ...................................................................................................... 9 SECTION 14 CITY'S RIGHTS AND REMEDIES. .............................................................. 10 SECTION 15 CONTRACTOR'S RIGHTS AND REMEDIES. .............................................. 13 SECTION 16 ACCOUNTING RECORDS. ......................................................................... 14 SECTION 17 INDEPENDENT PARTIES. .......................................................................... 14 SECTION 18 NUISANCE. ................................................................................................. 15 SECTION 19 PERMITS AND LICENSES. ......................................................................... 15 SECTION 20 WAIVER. ...................................................................................................... 15 SECTION 21 CONFLICTS WITH THE DESIGN-BUILD CONTRACT. ............................... 15 SECTION 22 GOVERNING LAW. ..................................................................................... 15 SECTION 23 COMPLETE DESIGN-BUILD CONTRACT . ................................................. 15 SECTION 24 SURVIVAL OF CONTRACT. ........................................................................ 15 SECTION 25 ADDITIONAL CONTRACT REQUIREMENTS. ............................................ 16 SECTION 26 SANTA MONICA LIVING WAGE ORDINANCE. .......................................... 16 SECTION 27 SANTA MONICA OAKS INITIATIVE NOTICE. ............................................. 16 SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM ................. 17 SECTION 29 GOVERNMENTAL POWERS. ..................................................................... 17 SECTION 30 SEVERABILITY............................................................................................ 17 SECTION 31 ELECTRONIC SIGNATURE ........................................................................ 17 SECTION 32 COUNTERPARTS ....................................................................................... 17 SECTION 33 EXHIBITS. .................................................................................................... 19 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 152 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 1 Sensitivity: Internal DESIGN-BUILD PURCHASE AND INSTALLATION CONTRACT THIS DESIGN-BUILD PURCHASE AND INSTALLATION CONTRACT (the “Design-Build Contract”) entered into on _________________ (“Execution Date”) by and between the CITY OF SANTA MONICA, a California municipal corporation ("City"), and Safeguard US Inc., with an address of 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 ("Design- Builder"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Design-Builder is a Las Vegas corporation duly organized and in good standing in the State of California, License Number 1021082. Design-Builder represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Design-Build Contract. C. City and Design-Builder desire to enter into this Design-Build Contract for the Fall Protection Project, and other services as identified in the Bid Documents for the Fall Protection Project, pursuant to the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Design-Build Contract and/or in the General Conditions for Construction (Exhibit 3). If there is a conflict between the definitions in this Design-Build Contract and in the General Conditions, the definitions in this Design-Build Contract shall prevail. SECTION 2 THE PROJECT. The Project is the design and construction of the Fall Protection Project ("Project"). DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 7/22/2021 5.E.d Packet Pg. 153 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 2 Sensitivity: Internal SECTION 3 THE CONTRACT DOCUMENTS. The Contract Documents consist of the following collection of documents: (i) Executed Design-Build Contract between City and Design-Builder and all exhibits attached thereto. (ii) Notice Inviting Bids (Exhibit 1). (iii) Safeguard US Inc. - Construction Bid Form (Exhibit 2). (iv) Performance and Payment Bonds (Exhibit 3). (v) Insurance Forms (Exhibit 4). SECTION 4 THE WORK. 4.1 Scope of Services. Design-Builder shall perform all design and construction services, and provide all material, the Equipment, tools and labor, permits, licenses, and taxes, and all other things necessary to complete the Work described in and reasonably inferable from the Contract Documents, including, without limitation, any Changes requested by City, in accordance with the Contract Documents, including, without limitation, Safeguard US Inc. - Construction Bid Form (Exhibit 2), and all Applicable Laws. 4.1.1 Site Preparation. Design-Builder shall conduct all necessary work to prepare the multiple City owned buildings specidied on RFB in accordance with Design-Builder’s specifications and the Work to be conducted. 4.2 Product Warranty. Design-Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, permits, licenses, and taxes, and all other things necessary to complete the Work described in and reasonably inferable from the Contract Documents, including, without limitation, any Changes requested by City, in accordance with the Contract Documents, including, without limitation, Scope of Services (Exhibit 5), and all Applicable Laws. SECTION 5 TIME OF COMPLETION. 5.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 5.2 Commencement of Work. Design-Builder shall commence the Work on the dates specified in City’s Notice to Proceed for Design and the City’s Notice to Proceed for Construction and Installation. 5.3 Contract Time. Design-Builder shall diligently prosecute the Work to Substantial Completion in accordance with the City’s Notice to Proceed for Construction and Installation DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 154 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 3 Sensitivity: Internal 5.4 Liquidated Damages. 5.4.1 Entitlement. City and Design-Builder acknowledge and agree that if Design-Builder fails to fully and satisfactorily complete the Construction and Installation work within the Contract Time, City will suffer, as a result of Design-Builder’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to: (i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities. (iii) Extended disruption to public. 5.4.2 Daily Amount. City and Design-Builder have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Design- Builder fails to achieve Substantial Completion of the Constructon and Installation work within the Contract Time after issuance of the Notice to Proceed for Construction and Installation. Therefore, the parties agree that in addition to all other damages to which City may be entitled other than delay damages, in the event Design-Builder shall fail to achieve Substantial Completion of the Construction and Installation work within the Contract Time, Design-Builder shall pay City as liquidated damages the amount of $2,700 per day for each Day occurring after the expiration of the Contract Time until Design-Builder achieves Substantial Completion of the Construction and Installation work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer. 5.4.3 Apportionment. Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Design-Builder is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Design-Builder. It being the Design-Builder’s obligation to have the entire Work Substantially Completed within the Contract Time, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time. 5.4.4 Exclusive Remedy. City and Design-Builder acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Design- Builder’s failure to achieve Substantial Completion of the entire Work within the Contract Time. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 155 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 4 Sensitivity: Internal 5.4.5 Damages upon Abandonment. In the event that Design-Builder either abandons the Work or is terminated for default in accordance with the provisions of Section 14 of this Design-Build Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Section 5.4. .1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Design-Builder's performance. .2 If City elects to waive its right to liquidated damages, then Design-Builder shall be liable to City, in lieu of the liquidated damages provided for in this Section 5.4, for all actual Losses proximately resulting from Design- Builder's failure to complete the Work within the Contract Time. 5.4.6 Other Remedies. The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Design-Builder’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 5.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and agreed to by Change Order executed by City and Design-Builder in accordance with the requirements of the Contract Documents. SECTION 6 COMPENSATION TO CONTRACTOR. 6.1 Contract Price. Design-Builder shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents as set forth, below. 6.1.1 Completion of Design-Builder Services. Design-Builder shall be compensated for satisfactory completion of design and installation as noted on Safeguard Inc. – Construction Bid Form (Exhibit 2) in the lump sum amount of One Million Five Hundred and Eleven Thousand Fifty Dollars ($1,511,050). 6.1.2 The amount of agreed upon compensation for construction and installation shall be evidenced by an amendment to this Design-Build Contract. 6.2 Full Compensation. The Contract Price shall be full compensation for all Work provided by Design-Builder and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work. The DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 156 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 5 Sensitivity: Internal Contract Price may only be adjusted for Change Orders issued, executed and satisfactorily performed in accordance with the requirements of the Contract Documents. 6.3 Compensation for Extra or Deleted Work. The Contract Price shall be adjusted (either by addition or credit) for Changes in the Work involving Extra Work or Deleted Work on the basis of the following: (i) The sum of Allowable Costs as defined in Section 7.2.5 of the General Conditions to be added (for Extra Work) or credited (for Deleted Work); (ii) An additional sum (for Extra Work) or deductive credit (for Deleted Work) based on Design-Builder Markup and Subcontractor/Sub-subcontractor Markups allowable pursuant to this Section 6.3; and (iii) An additional sum for Design Professional Services based upon either: Lump Sum. Design-Builder and the City shall attempt in good faith to negotiate a lump sum amount for Extra or Deleted Work; or Direct Personnel Expense. If the parties are unable to negotiate a lump sum price and the City instructs the Design-Builder to proceed with performance of the Extra or Deleted Work, then the Design-Builder’s compensation shall be computed as follows: For employee’s time expended, remuneration shall be computed in accordance with the Rate Schedule (Exhibit 6), without any markup or multiplier. Such Rate Schedule will be subject to adjustment on the anniversary following the year in which the Design-Build Contract is fully executed, as mutually agreed between the Design-Builder and the City, to reflect rates charged by the Design-Builder for comparable services provided to its other municipal or institutional clients. Direct Personnel Expense is defined as the direct salaries of personnel engaged on the Project. Direct salaries shall include legally required taxes and insurance (Federal & State taxes, Social Security, Workers Compensation, & Unemployment insurance), but shall not include employee benefits such as health and other insurance, vacation and sick leave, pensions, or bonuses. Design-Builder Markup and Subcontractor/Sub-subcontractor Markups set forth herein are the full amount of compensation to be added for Extra Work or to be subtracted for Deleted Work that is attributable to overhead (direct and indirect) and profit of Design- Builder and of its Subcontractors and Sub-subcontractors, of every Tier. Design-Builder Markup and Subcontractor/Sub-subcontractor Markups, which shall not be compounded, shall be computed as follows: 6.3.1 Self-Performed Work. Fifteen percent (15%) of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by Design-Builder with its own forces. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 157 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 6 Sensitivity: Internal 6.3.2 Subcontractors. 15% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by a first Tier Subcontractor with its own forces, plus 5% thereon for Design-Builder Markup. 6.3.3 Sub-subcontractors. 15% of the Allowable Costs of that portion of the Work to be performed by Sub- subcontractors of the second and lower Tier with their own forces, plus 5% thereon for the Subcontractor, plus 5% on the combined total thereof for Design-Builder Markup. SECTION 7 STANDARD OF CARE. 7.1 Standard of Care. Design-Builder agrees that the Work shall be performed by qualified, experienced and well- supervised personnel. All services performed in connection with this Design-Build Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. 7.2 Correction of Errors and Ommissions. Design-Builder shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Design-Builder under this Contract. Design-Builder shall, at no additional cost to City, correct or revise any errors, omissions, or other deficiencies in its designs, drawings, specifications, reports, calculations, and other services. 7.3 Notification to City. The Design-Builder shall exhibit proper professional judgment in the use of information furnished by City. In the event that said information is not delivered timely or that it is discovered to be incorrect or misleading, Design-Builder will notify the City in a reasonable manner after the discovery of such tardiness or incorrect or misleading information and promptly make a determination of its costs and schedule impact on this Design-Build Contract, as well as recommendations for the correction of such incorrect or misleading information. 7.4 Obligation to Perform Professional Services. Design-Builder shall perform such professional services as may be necessary to accomplish the Work required to be performed under this Design-Build Contract. 7.5 Design-Builder Liable to City for Negligent Performance. Except as specified in and as otherwise provided in this Design-Build Contract, the Design-Builder shall be and shall remain liable, in accordance with applicable law, for all damages to City caused by Design-Builder's negligent performance of any of the professional services furnished under this Design-Build Contract. SECTION 8 INDEMNIFICATION. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 158 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 7 Sensitivity: Internal 8.1 Hold Harmless. 8.1.1 Hold Harmless for Design Professional Services. To the fullest extent permitted by law (including, without limitation California Civil Code Section 2782.8), Design Consultant agrees to defend, indemnify and hold harmless the City, its board and council members, officers, employees and agents (“City Indemnitees”) from and against any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, defense costs, reasonable attorneys’ fees, costs, fines and penalties (“Losses”) that arise out of, pertain to, or relate to the Consultant’s negligence, recklessness or willful misconduct in the performance of professional services under this Design-Build Contract . 8.1.2 For Other Claims. To the fullest extent allowed by law, Design-Builder hereby agrees to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses only to the extent arising directly or indirectly from, or in any manner relating to any of, the following: (i) Performance or nonperformance of the Work by Design-Builder or its Subcontractors or Sub-subcontractors, of any Tier; (ii) Performance or nonperformance by Design-Builder or its Subcontractors or Sub- subcontractors, of any Tier, of any of the obligations under the Contract Documents; (iii) The construction activities of Design-Builder or its Subcontractors or Sub- subcontractors, of any Tier, either on the Site or on other properties; (iv) The payment or nonpayment by Design-Builder of any of its Subcontractors or Sub-subcontractors, of any Tier, for Work performed on or off the Site for the Project; and (v) Any personal injury, property damage or economic loss to third persons associated with the performance or nonperformance by Design-Builder or its Subcontractors or Sub-subcontractors, of any Tier, of the Work. However, nothing contained herein shall be construed as obligating Design-Builder to indemnify any Indemnitee for Losses resulting from the sole or active negligence or willful misconduct of the Indemnitee. Design-Builder shall pay City for any costs incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Design-Builder against City or any other Indemnitee. 8.2 Survival. The provisions of Section 8 shall survive the termination of this Design-Build Contract. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 159 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 8 Sensitivity: Internal SECTION 9 COMPLIANCE WITH APPLICABLE LAWS. This Project constitutes "public works" within the meaning of California Labor Code section 1720 et seq and is subject to the prevailing wage laws. Design-Builder agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to: (i) The applicable provisions of the California Labor Code; (ii) Chapter 7.28, Prevailing Wage and Apprenticeship Law, of the Santa Monica Municipal Code; (iii) Chapter 4.65, Living Wage Ordinance, of the Santa Monica Municipal Code; and (iv) Oaks Initiative requirements. SECTION 10 INSURANCE AND BONDS. Prior to the commencement of any Work, Design-Builder shall provide City with evidence that it has obtained insurance and Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions and set forth in Exhibit 2 – Attachment E – Public Works Insurance Requirements. Failure to do so shall be deemed a material breach of this Design-Build Contract. SECTION 11 PROHIBITION AGAINST TRANSFERS. City is entering into this Design-Build Contract based upon the stated experience and qualifications set forth in Design-Builder’s Bid. Accordingly, Design-Builder shall not assign, hypothecate or transfer this Design-Build Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void. For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design-Builder or of any general partner or joint venturer or syndicate member of Design-Builder, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Design-Builder, shall be construed as an assignment of this Design-Build Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 12 NOTICES. 12.1 Method of Notice. Except as provided in Section 12.2 below, all notices, demands, requests or approvals to be given under this Design-Build Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 160 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 9 Sensitivity: Internal 12.2 Notice Recipients. All notices, demands or requests (including, without limitation, Claims) from Design- Builder to City at: City of Santa Monica, Public Works, Architecture Services Division 1685 Main Street, Mail Stop 15 Santa Monica, California 90401 Attention: William Clerk, Project Manager Re: SP2643 Fall Protection Project, Contract No. 11149 In addition, copies of all Claims by Design-Builder under this Design-Build Contract shall be provided to the following: Santa Monica City Attorney Office 1685 Main Street, Third Floor Santa Monica, California 60401 Attention: City Attorney Re: SP2643 Fall Protection Project, Contract No. 11149 All Claims shall be delivered personally or sent by certified mail. All notices, demands, requests or approvals from City to Design-Builder shall be addressed to: Safeguard US Inc. 6335 North Hollywood Boulevard Las Vegas, Nevada 89115 Attn: Paul Betts, General Manager Re: SP2643 Fall Protection Project, Contract No. 11149 12.3 Change of Address. In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may, by written notice only, add, delete or replace any listed individuals. SECTION 13 DEFAULT. 13.1 Notice of Default. In the event that City determines, in its sole discretion, that Design-Builder has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Design-Builder in the manner specified for the giving of notices in the Design-Build Contract. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 161 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 10 Sensitivity: Internal 13.2 Opportunity to Cure Default. Except for emergencies, Design-Builder shall cure any default in performance of its obligations under the Contract Documents within two (2) Days after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Design- Builder will commence to cure the breach within two (2) Days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. SECTION 14 CITY'S RIGHTS AND REMEDIES. 14.1 Remedies Upon Default. In the event that Design-Builder fails to cure any default of this Design-Build Contract within the time period set forth above in Section 13, then City may pursue any remedies available under law or equity, including, without limitation, the following: 14.1.1 Delete Certain Services. City may, without terminating the Design-Build Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. 14.1.2 Perform and Withhold. City may, without terminating the Design-Build Contract, engage others to perform the Work or portion of the Work that has not been performed by Design-Builder and withhold the cost thereof to City from future payments to Design-Builder, reserving to itself all rights to Losses related thereto. 14.1.3 Suspend The Design-Build Contract. City may, without terminating the Design-Build Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Design-Build Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Price or Contract Time, and shall have no liability to Design-Builder for damages if City directs Design-Builder to resume Work. 14.1.4 Terminate the Design-Build Contract for Default. City may terminate all or any part of this Design-Build Contract for default in accordance with Section 14.4 below, reserving to itself all rights to Losses related thereto. 14.1.5 Invoke the Performance Bond. City may, with or without terminating the Design-Build Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 162 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 11 Sensitivity: Internal 14.1.6 Additional Provisions. All of City’s rights and remedies under this Design-Build Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Design-Build Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Design-Build Contract so as to warrant exercise by City of its rights and remedies for default under the Design-Build Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Design-Builder to recover all liquidated damages and Losses suffered by City. 14.2 Delays by Sureties. Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Design-Builder’s sureties in the event of any of the following: (i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Design-Build Contract within the Contract Time; (ii) Abandonment of the Work; (iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed; (iv) Willful violation of any terms of the Design-Build Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time. City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties. 14.3 Damages to City. 14.3.1 For Design-Builder's Default. City will be entitled to recovery of all Losses under law or equity in the event of Design-Builder’s default under the Contract Documents. 14.3.2 Compensation for Losses. In the event that City's Losses arise from Design-Builder’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Design-Builder until Final Completion of the Project. If City incurs Losses due to Design-Builder’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Design-Builder or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Design-Builder shall be liable to City for the difference and shall promptly remit same to City. 14.4 Termination of the Design-Build Contract for Default. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 163 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 12 Sensitivity: Internal Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Design-Build Contract, in whole or in part, upon the failure of Design-Builder to promptly cure any default as required by Section 13. City’s election to terminate the Design-Build Contract for default shall be communicated by giving Design-Builder a written notice of termination in the manner specified for the giving of notices in the Design-Build Contract. Any notice of termination given to Design-Builder by City shall be effective immediately, unless otherwise provided therein. 14.5 Suspension by City for Convenience. City may, at any time and from time to time, without cause, order Design-Builder, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Design-Builder shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Design-Builder and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Design- Builder shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Price or the Contract Time necessarily caused by such suspension. The provisions of this Section 14.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents. 14.6 Termination Without Cause. City shall have the option, at its sole discretion and without cause, of terminating this Design-Build Contract in part or in whole by giving thirty (30) Days written notice to Design- Builder. Design-Builder agrees to accept such sums as allowed under this Section 14.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind. 14.6.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Design-Builder seeking payment of sums authorized by this Section 14.6, City shall pay to Design-Builder as its sole compensation for performance of the Work the following: .1 For Work Performed. The amount of the Contract Price allocable to the portion of the Work properly performed by Design-Builder as of the date of termination, less sums previously paid to Design-Builder. .2 For Close-out Costs. Reasonable costs of Design-Builder and its Subcontractors and Sub-subcontractors for: (i) Demobilizing and DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 164 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 13 Sensitivity: Internal (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. 14.6.2 Subcontractors. Design-Builder shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Design-Builder on terms that are consistent with this Design-Build Contract and that afford no greater rights of recovery against Design-Builder than are afforded to Design-Builder under this Section 14.6. 14.7 Design-Builder’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Design-Builder shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued; (iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Design-Builder to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. SECTION 15 CONTRACTOR'S RIGHTS AND REMEDIES. 15.1 Design-Builder’s Remedies. Design-Builder may terminate this Design-Build Contract for cause only upon the occurrence of one of the following: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 165 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 14 Sensitivity: Internal 15.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Design-Builder, any Subcontractor, or any employee or agent of Design-Builder or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. 15.1.2 For City's Non-Payment. If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (60) Days after receipt of notice from Design-Builder, then upon an additional thirty (30) Days’ notice to City Design- Builder may terminate the Design-Build Contract. 15.2 Damages to Design-Builder. In the event of termination for cause by Design-Builder, City shall pay Design-Builder the sums provided for in Section 14.6 above. Design-Builder agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 16 ACCOUNTING RECORDS. 16.1 Financial Management and City Access. Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Design-Build Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Design-Builder's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Design-Builder shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law. 16.2 Compliance with City Requests. Design-Builder's compliance with any request by City pursuant to this Section16 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Design- Builder against City and to Design-Builder's right to receive further payments under the Contract Documents. Any failure by Design-Builder to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 17 INDEPENDENT PARTIES. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 166 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 15 Sensitivity: Internal Both parties to this Design-Build Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Design-Builder or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 18 NUISANCE. Design-Builder shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Design-Build Contract. SECTION 19 PERMITS AND LICENSES. Design-Builder, at its sole expense, shall obtain and maintain during the term of this Design-Build Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Santa Monica business license. SECTION 20 WAIVER. A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. SECTION 21 CONFLICTS WITH THE DESIGN-BUILD CONTRACT. City and Design-Builder agree that if there is any conflict between the terms of this Design-Build Contract and the other Contract Documents, this Design-Build Contract shall control. SECTION 22 GOVERNING LAW. This Design-Build Contract shall be construed in accordance with and governed by the laws of the State of California. SECTION 23 COMPLETE DESIGN-BUILD CONTRACT . This Design-Build Contract represents the full and complete understanding of every kind or nature between the parties with respect to the services set forth in this Design-Build Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Design-Build Contract. Any modification of this Design-Build Contract will be effective only upon written execution signed by both City and Design-Builder and approved as to form by City Attorney. SECTION 24 SURVIVAL OF CONTRACT. The provisions of the Design-Build Contract which by their nature survive termination of the Design-Build Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Design-Builder’s books and records, shall remain in full force and effect after Final Completion or any termination of the Design-Build Contract. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 167 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 16 Sensitivity: Internal SECTION 25 ADDITIONAL CONTRACT REQUIREMENTS. This contract ( does or does not) have special fund(s) involved requiring additional contract requirements, therefore this section ( does or does not) apply. This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract: Community Development Block Grant (CDBG) Housing and Urban Development (HUD) Metropolitan Transportation Authority (MTA) Other: __________________________________ Therefore, City shall require Design-Builder to comply with the special fund(s) requirements, as they may be amended from time to time, in addition to all other requirements imposed by City. SECTION 26 SANTA MONICA LIVING WAGE ORDINANCE. This contract ( is or is not) subject to the City of Santa Monica’s Living Wage Ordinance. The City of Santa Monica’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (“Living Wage Ordinance”), requires the payment of Minimum Wage for work done on any Contract over a certain threshold to any worker who does not actually work as a manager, supervisor or confidential employee, and who is not required to possess an occupational license. The established Minimum Wage includes an annual adjustment each July 1st by an amount corresponding to the previous calendar year’s change in the Consumer Price Index for Urban Wage Earners and Clerical Workers in Los Angeles, Riverside and Orange Counties. If this Contract is subject to such Living Wage Ordinance, then the contractor shall comply with all of its provisions. Failure to comply with the provisions of the Living Wage Ordinance shall be grounds for termination of this Contract. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281. SECTION 27 SANTA MONICA OAKS INITIATIVE NOTICE. This contract ( is or is not) subject to the City of Santa Monica’s Oaks Initiative. Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. It prohibits a public official from receiving specified personal benefits from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 168 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 17 Sensitivity: Internal If this Contract is subject to such Oaks Initiative, then the Design-Builder shall comply with all of its provisions and disclosures. Failure to comply with the provisions of the Oaks Initiative shall be grounds for termination of this Contract. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281. SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM In accordance with State of California Senate Bill No. 854 (SB 854): No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement). Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html. SECTION 29 GOVERNMENTAL POWERS. Nothing in this Design-Build Contract shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project. SECTION 30 SEVERABILITY. In case a provision of this Design-Build Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 31 ELECTRONIC SIGNATURE. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 169 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 18 Sensitivity: Internal Each party agrees that the transaction consisting of this Design-Build Contract may be conducted by electronic means. Each party agrees, and acknowledges that it is such party’s intent, that if such party signs this Design-Build Contract using an electronic signature, it is signing, adopting, and accepting this Design-Build Contract and that signing this Design-Build Contract using an electronic signature is the legal equivalent of having placed its handwritten signature on this Design-Build Contract on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this Design-Build Contract in a usable format. SECTION 32 COUNTERPARTS. This Design-Build Contract may be executed by the parties hereto in separate counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed using an electronic signature, which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 170 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149 SP2643 Public Works | Design-Build Contract| October 2018 19 Sensitivity: Internal SECTION 33 EXHIBITS. The following Exhibits are incorporated by this reference as though fully set forth herein. Exhibit 1– Notice Inviting Bids. Exhibit 2 – Safeguard US Inc. - Construction Bid Form. Exhibit 3 – Performance and Payment Bonds Exhibit 4 – Scope of Services Exhibit 5 – Rate Schedule Exhibit 6 – Public Works Insurance Requirements Exhibit 7 – Insurance Forms Exhibit 8 – Professional Liability Insurance Exhibit 9 – Approved – Prevailing Wage Acknowledgment Forms Exhibit 10 – Staff Report – Fall Protection IN WITNESS WHEREOF, the parties have caused this Design-Build Contract to be executed the date and year first above written. CITY OF SANTA MONICA, a municipal corporation By: __________________________ RICK COLE APPROVED AS TO FORM: By: ___________________________ LANE DILG ATTEST: By: ____________________________ DENISE ANDERSON-WARREN #VENDOR By: _________________________ DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 7/15/2021 George S. Cardona Interim City Attorney Safeguard US Inc dba Safeguard Industries Paul Betts GM 7/21/2021 John Jalili Interim City Manager 7/22/2021 7/22/2021 City Clerk Denise Anderson-Warren 5.E.d Packet Pg. 171 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) EXHIBIT 1 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 172 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Notice Inviting Bids – Over Threshold | January 2020 CITY OF SANTA MONICA NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Monica invites Contractors to complete and submit electronic bids for the: Fall Protection SP2643 Bids will only be accepted through the CITY’S ONLINE VENDOR PORTAL, PlanetBids or http://vendors.planetbids.com/SantaMonica. They must be received by the specified date and time. Late bids will not be accepted. Please allow sufficient time for uploading of documents. The bid opening will be electronic, all submitted bids will be viewable by the public via Planet Bids immediately after bid close time. PRE-BID JOB WALK: REFER TO VIDEOS OF BUILDINGS EXISTING CONDITION ON RFB FILES IN LIEU OF JOB WALK. PROJECT ESTIMATE: $1,000,000 CONTRACT DAYS: 210 Calendar Days LIQUIDATED DAMAGES: $2,700 Per Calendar Day Bidding Documents may be obtained by logging onto the City’s bidding website at: http://www.smgov.net/planetbids/. The Contractor is required to have an A or B License license at the time of bid submission. Contractors wishing to be considered must submit Bids containing all information required pursuant to the City’s Request for Bids. Pursuant to Public Contracts Code Section 22300, the Contractor shall be permitted to substitute securities for any monies withheld by the City to ensure performance under this Contract. Dated: APPROVED AS TO FORM: CITY OF SANTA MONICA By:________________________ ______________________________ TO BE PUBLISHED: _______________________ DocuSign Envelope ID: 4796F220-B344-4DBF-8C16-1BCD1368C194 Interim City Attorney George Cardona 11/19/2020 Lane Dilgs Interim City Manager DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 173 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) EXHIBIT 2 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 174 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) CONSTRUCTION BID FORM SP#: 2643 Project Name: Fall Protection Contractor Project Manager Name:____________________________ Email and Phone:___________________________________________ Paul Betts pbetts@safeguard-industries.com ; (702) 553-9967 Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 175 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 1 | P a g e BID FORM: TABLE OF CONTENTS 1) INTRODUCTION ...................................................................................................................................................... 2 2) INSTRUCTIONS TO BIDDERS .................................................................................................................................. 2 3) DOCUMENT EXAMINATION ................................................................................................................................... 2 4) ERRORS AND OMISSIONS ...................................................................................................................................... 2 5) WORK START-UP .................................................................................................................................................... 2 6) NON-COLLUSION DECLARATION FORM ................................................................................................................ 3 7) BID GUARANTEE OR BIDDER'S BOND .................................................................................................................... 3 9) TOTAL BID .............................................................................................................................................................. 3 10) REJECTION OF BIDS ................................................................................................................................................ 3 11) DESIGNATION OF SUBCONTRACTORS .................................................................................................................. 4 12) BASE BID .................................................................................................................................................................. 4 13) ADDITIVE/DEDUCTIVE ALERNATE BID .................................................................................................................... 4 14) PRE-BID QUALIFICATION STATEMENT (if applicable) .......................................................................................... 6 15) BIDDERS QUALIFICATION STATEMENT.................................................................................................................. 6 16) ADDENDA ............................................................................................................................................................. 20 17) BIDDER’S ACKNOWLEDGMENT ........................................................................................................................... 21 ATTACHMENT A – BID GUARANTEE OR BIDDER'S BOND .................................................................................................. 23 ATTACHMENT B – CONSTRUCTION PROJECTS IN PROGRESS ............................................................................................ 24 ATTACHMENT C – COMPLETED CONSTRUCTION PROJECTS .............................................................................................. 25 ATTACHMENT D – ASSESSMENTS/PENALTIES BY GOVERNMENTAL ENTITIES .................................................................. 26 ATTACHMENT E – PUBLIC WORKS INSURANCE REQUIREMENTS ...................................................................................... 27 ATTACHMENT F – LIVING WAGE FORM ............................................................................................................................. 31 ATTACHMENT G – OAKS INITIATIVE DISCLOSURE FORM .................................................................................................. 33 ATTACHMENT H – PREVAILING WAGE REQUIREMENTS ................................................................................................... 36 Prevailing Wage- Attachment 1 ......................................................................................................................................... 42 Prevailing Wage- Attachment 2 ......................................................................................................................................... 43 Prevailing Wage- Attachment 3 ......................................................................................................................................... 46 Prevailing Wage- Attachment 4 ......................................................................................................................................... 48 Prevailing Wage- Attachment 5 ......................................................................................................................................... 50 Prevailing Wage- Attachment 6 ......................................................................................................................................... 51 ATTACHMENT I – NON COLLUSION DECLARATION FORM ................................................................................................ 54 ATTACHMENT J - SCOPE OF WORK ATTACHMENT K - ROOF FALL HAZARD RISK ASSESSMENT ATTACHMENT L - FALL PROTECTION'S BASE BID - BID FORM ATTACHMENT M - RFB - SCHEDULE ATTACHMENT N - LIST OF EXISTING SITE CONDITION VIDEOS Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 176 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 2 | P a g e BID FORM HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL City of Santa Monica 1685 Main Street Santa Monica, California 90401 The undersigned hereby submits the following Bid to conduct the Work described in the Bid Documents. It is understood and agreed that: 1) INTRODUCTION All Work shall be completed within the price shown herein below and within the Contract Time. Submission of a Bid will be deemed a binding offer for one hundred twenty (120) Days from the Bid opening. The undersigned agrees to enter into the Construction Contract contained in the Bid Documents on the terms contained therein. Capitalized terms used herein shall have the meanings assigned to them in the Bid Documents. 2) INSTRUCTIONS TO BIDDERS The undersigned acknowledges receiving the Instructions to Bidders and hereby agrees to the terms set forth therein. 3) DOCUMENT EXAMINATION The undersigned has carefully examined all Bid Documents. 4) ERRORS AND OMISSIONS The undersigned fully understands the scope of Work and has checked carefully all words and figures inserted in this Bid and further understands that the City of Santa Monica will be in no way responsible for any errors and/or omissions in the preparation of the Bid. 5)WORK START-UP The undersigned agrees, acknowledges and is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of this Contract if it is awarded to the undersigned. The undersigned will not begin the Work until all requirements in regard to bonds and insurance have been satisfied, the Contract has been executed and the Notice to Proceed has been issued. The undersigned understands that time is of the essence with respect to all time limits set forth in the Contract Documents and will complete all Work within the Contract Time specified in the Contract Documents. The undersigned will execute the Contract and furnish the required statutory bonds and Certificates of Insurance within the period of time specified in the Contract Documents. Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 177 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 3 | P a g e 6)NON-COLLUSION DECLARATION FORM Bidders must sign and upload the City’s Non-Collusion Declaration Form (Attachment I) as part of the Bid Form. The three lowest monetary bidders must mail in the hard copy of the Non-Collusion Declaration Form within 72 hours of bid close. It is the responsibility of the bidders to check PlanetBids after bid close to see if they are one of the three lowest bidders. Any of the three lowest bidders who fails to mail in the Non-Collusion Declaration Form will be deemed non-responsive. Please mail form to: City of Santa Monica, Department of Public Works, SP2643, William Clerk, 1685 Main Street Mail Stop 15, Santa Monica, CA 90401. 7) BID GUARANTEE OR BIDDER'S BOND In the event the undersigned fails to execute a Construction Contract and furnish the required bonds and insurance therefore within the time provided by the Request for Bids, the undersigned agrees that the City of Santa Monica shall recover or retain as liquidated damages all amounts equal to ten percent (10%) of the total amount of the award made, all in accordance with the foregoing stipulations. If the Bidder desires to submit a bond with the Bid instead of a certified check or a cashier's check, the form attached hereto and incorporated herein as Attachment A should be executed. Bid bonds (or cashier’s checks) must be scanned and uploaded into the electronic bid (via PlanetBids). The three lowest monetary bidders must mail in bid bond (or Cashier’s Check) via United States Postal Services (USPS) only to the City within 72 hours of bid close. Please DO NOT send bid bonds via Federal Express or United Parcel Service (UPS). It is the responsibility of the bidders to check PlanetBids after bid close to see if they are one of the three lowest bidders. Any bidder who fails to mail in the bond will be deemed non-responsive. Please mail bond (or cashier’s check) to: City of Santa Monica, Department of Public Works SP2643, William Clerk, 1685 Main Street Mail Stop 15, Santa Monica, CA 90401. 8) PRE-BID SITE INSPECTION CERTIFICATION Refer to Attachment “N”. 9) TOTAL BID To determine the lowest monetary Bidder, the City will calculate the Total Base Bid, which will equal the sum of the Base Bid as entered in the electronic bid via PlanetBids. See details listed in No. 12 (Base Bid). The Contract will be awarded to the Best Bidder in accordance with Santa Monica Municipal Code Section 2.24.180. The Total Base Bid will equal the sum of the Base Bid item(s) items and will NOT include the Additive/Deductive Alternate Bid(s) unless otherwise specifically stated in Number 6 of the Bid Instructions. 10) REJECTION OF BIDS The City reserves the right, in its sole discretion, to reject all Bids, delete construction items, and/or decrease quantities of Unit Price items, or waive any minor irregularities in the Bids. Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 178 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 4 | P a g e 11) DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100 et seq. of the California Public Contract Code, and any amendments thereto, the undersigned shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the Contractor's Total Bid, and shall further set forth the trade(s) that will be done by each Subcontractor and the dollar amount of each subcontract. Only one Subcontractor for each such trade shall be listed. If there are additive alternates, the Contractor must list any subcontractors performing in excess of one-half (1/2) of one percent (1%) of the Contractor’s Total Bid. If the Contractor fails to specify a Subcontractor for any portion of the Work to be performed under the Contract, the Contractor shall be deemed to have agreed to perform such portion itself, and it shall not be permitted to subcontract that portion of the Work except in cases of public emergency or necessity, and then only after the City, in a finding reduced to writing as a public record of the City, sets forth the facts constituting the emergency or necessity. Re-subletting or re-subcontracting of any portion of the Work for which a subcontractor was designated in the original Bid shall only be permitted for the reasons and according to the procedures set forth in Sections 4100 et seq. of the California Public Contract Code. Subcontractor Name, Phone Number, Address, License Number, Trade, and dollar amount of subcontract must be added into the electronic bid via PlanetBids, in the Subcontractor Section. This is required information. 12) BASE BID Bidders are to enter line items as part of their electronic bid via PlanetBids (Line Items tab). The Bidder agrees to provide and install all Work as described in the Contract Documents, including licenses, permits, fees, taxes, overhead, bond and insurance, for the lump sum set forth in the line items listed in the base bid. The quantities set forth in the unit prices entered into the electronic bid are an approximation. The City does not represent that the actual quantity of any item will equal the approximate quantity stated. In addition the City shall have the right to increase or decrease any item for which an approximate quantity is stated, based on unit price Bid, or to require changes in the Contract Documents which do not in the opinion of the City materially change the character of the Work of the item from that on which the Bidder based its unit price Bid. The Contract Sum will be adjusted at the Unit Prices quoted on the basis of actual quantities measured during the Work. As noted above, the Work described in the Unit Prices is in addition to the quantities currently shown in the Contract Documents as part of the Work of the Base Bid. The quantities quoted in the Unit Prices entered into the electronic bid are an approximation and are not intended to represent actual quantities. 13) ADDITIVE/DEDUCTIVE ALERNATE BID If additive/deductive alternate bid(s) are applicable, Bidders are to enter line items via PlanetBids (Line Items tab). The Bidder agrees to provide an additive/deductive for the Alternate items listed herein as part of the overall Work. The quantities set forth in the unit prices entered into the electronic bid are an approximation. The City does not represent that the actual quantity of any Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 179 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 5 | P a g e item will equal the approximate quantity stated. In addition the City shall have the right to increase or decrease any item for which an approximate quantity is stated, based on unit price Bid, or to require changes in the Contract Documents which do not in the opinion of the City materially change the character of the Work of the item from that on which the Bidder based its unit price Bid. The Contract Sum will be adjusted at the Unit Prices quoted on the basis of actual quantities measured during the Work. As noted above, the Work described in the Unit Prices is in addition to the quantities currently shown in the Contract Documents as part of the Work of the Base Bid. Also as noted below, the quantities quoted in the electronic bid Unit Prices are an approximation and are not intended to represent actual quantities. Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 180 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 6 | P a g e 14)PRE-BID QUALIFICATION STATEMENT (if applicable) The Contractor Pre-Qualification Statement" submitted as Phase One of the Bid Process does NOT need to be resubmitted with the Bid (Phase Two), but is considered part of the Contractor's overall Bid package and is hereby incorporated by reference into this Bid. 15) BIDDERS QUALIFICATION STATEMENT RESPONSES TO THE QUESTIONS CONTAINED IN THIS BIDDERS QUALIFICATION STATEMENT MUST BE SUBMITTED ON THIS FORM The City reserves the right, after reviewing the qualification statements, to reject any and all Bids, and to award the Bid to the Best Bidder. The following qualification statements are intended for the purpose of determining the Bidder qualified to provide successful performance on the type of work required to construct this Project. The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter. Submitted To: City of Santa Monica Address: 1685 Main Street, Santa Monica, CA 90401 Submitted by: ___________________________________ A. CONTACT INFORMATION Submitted By: Bidder/Contractor Information Bidder/Proposer Business Name: Contractor’s License Number: Street Address: City, State, Zip Code: Contact Person Name/Title: Contact Person Phone: Contact Person Email Address: Alternate Contact: Alternate Contact Person Email Address: Name and Email Address of the person who is authorized to sign the contract on behalf of the Contractor (needed for City’s electronic contract approval software program, DocuSign©): Safeguard US Inc. Siamak Goosheh Safeguard US Inc. 1021082 6335 North Hollywood Boulevard, Suite 140 Las Vegas, Nevada 89115 Paul Betts (702) 553-9967 pbetts@safeguard-industries.com Siamak Goosheh sgoosheh@safeguard-industries.com Paul Betts pbetts@safeguard-industries.com DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 181 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 7 | P a g e B. BUSINESS ORGANIZATION/STRUCTURE Indicate the organizational structure of your firm. Corporation Partnership Joint Venture Individual Other If a Corporation, answer the following questions: If a Partnership, answer the following questions: Type of Partnership (Limited or General): Date of Organization: Location where Partnership formed: Name(s) and Address(es) of Partner(s): Authorized Signatory(ies): If a Joint Venture, answer the following questions: Date of Formation: Place of Formation: Authorized Signatory(ies) If a Sole Proprietorship, answer the following questions: Date of Formation: Place of Formation: Authorized Signatory(ies) Date incorporated: _____/_____/_____ State of Incorporation: President’s Name: Vice President Name(s): Secretary or Clerk’s Name: Treasurer’s Name: Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 8 | P a g e If Other, answer the following questions: Name of Organization: Name of Principals: Authorized Signatory(ies) C. OWNERSHIP AND NAME CHANGES 1. Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes No If Yes, explain the relationship between your firm and the associated firms. Include information about an affiliated firm only if one firm owns 50% or more of another firm, or if an owner, partner or officer of your firm holds a similar position in another firm: __________________________________________________________________________________ __________________________________________________________________________________ ________________________________________________________________ 2. Has any of the firm’s owners, partners, principals or officers operated a similar business in the past five years? Yes No If yes, identify all other business names used by any Corporate Officers, Partners or Principals within the past five years. Provide the names and addresses of all such businesses, and the person who operated the business. Include information about a similar business only if an owner, partner or officer of your firm holds a similar position in another firm: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 3. Has the firm changed names in the past five years? Yes No If Yes, list all prior business names, addresses, and the dates they were used. Explain the reason for each name change in the last five years: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 4. Number of years engaged in construction business under firm’s present name: _______ 5. Are any of your firm’s licenses held in the name of a corporation or partnership? Yes No Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 9 | P a g e If Yes, list the name of the corporation or partnership that actually holds the license. Bidders/Contractors: __________________________________________________________________________________ ______________________________________________________________________ 6. Is your firm registered with the State of California, Department of Industrial Relations, as outlined in Instruction to Bidders, Page 13? Yes No DIR Registration Number: __________________________ 7. Are your subcontractors registered with the State of California, Department of Industrial Relations, as outlined in Instruction to Bidders, Page 13? Yes No Subcontractor’s Name DIR Number **Subcontractors performing prevailing work on the jobs must be registered at time of bid opening or they cannot be used on the job. If you have a subcontractor who was not registered at time of bid opening, a replacement subcontractor who was registered at time can be substituted**. 8. Contractors State License Board In the last 10 years, has any owner, partner, principal or officer of your company been issued a CSLB license under a different company name (sole ownership, partnership, corporation, or Limited Liability company)? Yes No If “Yes”, state the name of the owner, partner, principal or officer, previous license number and the company name. Explain reason for CSLB license change. To the best of your knowledge, has the owner, partner, principal or officer of your company (or any company the person is or was a part of as stated above) ever received a citation from CSLB or had a contractor license or other professional or vocational license or registration denied, suspended, revoked, or otherwise disciplined by this state or elsewhere (i.e., other U.S. state, U.S. territory, agency of the federal government, or other country)? Yes No If “Yes”, you are required to attach a statement detailing the events leading to this action. Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 10 | P a g e 9. Staff Roster/Functions: Furnish a proposed organization chart that includes all positions and names of personnel anticipated to be assigned to the project and indicate whether part or full time. List key member of your staff who will be assigned to or responsible for work as a team member on this Project and provide the following information for each individual: Project Executive Project Superintendent Project Manger Name (Attach Resumes) Years with Company Years in Position Projects Completed and for Whom D. FINANCIAL RESOURCES AND RESPONSIBILITY 10. In the past five years, has your firm ever been denied bonding? Yes No If Yes, explain the circumstances surrounding each instance: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 11. Has a bonding company ever been required to pay on a bond issued to your firm for a contract? Yes No If Yes, explain the circumstances surrounding each instance: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 11 | P a g e 12. Have you or your firm or any principal in your firm ever been adjudged bankrupt in any voluntary or involuntary bankruptcy proceeding? Yes No If Yes, explain the circumstances surrounding each instance: __________________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________ 13. Is your firm in the process of, or in negotiations toward, being sold? Yes No If Yes, explain the circumstances: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 14. The Contractor's bonding companies must meet the requirements set forth in the Bid Documents. Provide information regarding the company(ies) that will be providing bonding coverage for this project: Name of Firm: (1)__________________ (2) ____________________ Address: ________________________________________________ Telephone: ____________________ AM Best Rating: ____________________ 15. Provide your banking references: Name of Agent: (1) ________________________ (2) ________________________ Name of Firm: ________________________________________________ Address: ________________________________________________ Telephone: ____________________ Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 12 | P a g e E. INSURANCE 16. Indicate whether your firm currently has a workers’ compensation insurance policy in effect, whether it is legally self-insured, or whether it currently has no workers’ compensation insurance policy in effect. Workers’ Compensation Insurance Policy Currently in Effect Legally Self-Insured No Workers’ Compensation Policy Currently in Effect If you have no worker’s compensation insurance policy currently in effect, and you are not legally self-insured, provide an explanation below: __________________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________ 17. List the Experience Modification Rate (EMR) issued to your firm annually by your workers’ compensation insurance carrier for the last three years. Begin with the most recent year (YR 1) that an EMR rate was issued (EMR -1). If any of the rates for the three years is or was 1.00 or higher, provide an explanation below. YR. 1: _______ YR 2: _______ YR. 3: _______ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 18. Within the past five years, has your firm ever had employees but was without workers’ compensation insurance or state approved self-insurance? Yes No If Yes, explain each instance. If No, attach a statement from your worker’s compensation insurance provider that you have been continuously insured for the past five years: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 19. The Contractor's insurance carriers must meet the requirements set forth in the Bid Documents. Provide information regarding your insurance agent or agents who will be providing insurance certificates evidencing required coverages for the project: Name of Agent: (1)__________________________ (2)___________________________ Name of Firm: ___________________________________________________________ Address/Telephone: ___________________________________________________________ Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 13 | P a g e F. CONSTRUCTION EXPERIENCE 20. Has your firm ever held any contracts with the City of Santa Monica or any of its departments? Yes No If YES- List all contracts your firm has had with the City of Santa Monica for the last 10 years. For each contract listed in response to this question, include: (a) project name; (b) name of a City contact and phone number; (c) purpose of contract; (d) total cost; (e) starting date; and (f) ending date. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 21. List all contracts your firm has had in excess of $ 1,000,000 with any private or governmental entity (other than the City of Santa Monica) over the last five years that are similar to the work to be performed on the contract for which you are bidding or proposing. Construction Experience: Bidder participating in this publicly bid contract must have completed at least 5 projects similar in scope to the Project subject of this bid in the 5 years. List minimum of 5 construction projects completed by the bidder that best exemplify the firm’s ability to successfully complete this project. Check the box if you have not had any similar contracts in the last five years. List on Attachment B: Provide a list of the current construction projects in excess of $500,000 your organization currently has in progress. List on Attachment C: Provide a list of completed construction projects in excess of $500,000 your organization has completed within the past 5 years . 22. In the past five years, has a governmental or private entity or individual terminated your firm’s contract prior to its completion of the contract? Yes No If Yes, explain the circumstances surrounding each instance. __________________________________________________________________________________ __________________________________________________________________________________ ____________________________________________________________________ _____________ 23. Has your firm ever failed to complete a project by the construction deadline specified in the contract? Yes No Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 14 | P a g e If yes, describe below the nature of the particular project, the original number of contract days specified for completion, the reasons for any delays, any change orders extending the time of completion, and the total number of days actually required to complete the project. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 24. Has your firm ever been penalized with liquidated damages for failure to complete the terms of a contract within a specified time? Yes No 25. In the past five years, has your firm or firm in which an owner, partner, or officer of your firm held a similar position ever been debarred by any Local, State or Federal agency? Yes No If Yes, explain here. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 26. In the past five years, has your firm or firm in which an owner, partner, or officer of your firm held a similar position defaulted on a contract or determined to be a nonresponsible bidder or contractor? Yes No If Yes, explain the circumstances surrounding each instance: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 27. List in an attachment your major equipment available for this Contract. 28. Provide or attach information regarding your on-site quality control and safety programs. 29. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” willful,” or “repeat” violations of its safety or health regulations in the past five years? Yes No If yes, what were the circumstances? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 15 | P a g e 30.Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? Yes No If yes, what were the circumstances? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ G.CLAIMS and LITIGATION Contractor as Defendant 31. Have you, your firm, or any principal in your firm ever had any claims filed against you by any "owner" (including a public agency owner), bonding company, subcontractor or supplier? Yes No If you answer Yes, explain the circumstances surrounding each instance below. You must include the following in your response: the name of the plaintiffs in each court case, the specific causes of action in each case; the date each case was filed; and the disposition/current status of each case. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 32. Have you, your firm, or any principal in your firm ever had been sued by any "owner" (including a public agency owner), or bonding company insuring said "owner" for default on a contract? Yes No If you answer Yes, explain the circumstances surrounding each instance below. You must include the following in your response: the name of the plaintiffs in each court case, the specific causes of action in each case; the date each case was filed; and the disposition/current status of each case. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 33. Have you, your firm, or any principal in your firm ever been sued by a subcontractor or material supplier for default on a contract? Yes No Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 16 | P a g e If yes, provide a description of the case, the court location, case number and the outcome for each lawsuit below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 34. During the past 5 years have you, your firm, or any principal in your firm been a defendant in any lawsuit besides those described in the paragraphs above? Yes No If yes, provide a description of the case, the court location, case number and the outcome for each lawsuit below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Contractor as Claimant or Plaintiff 35. Have you, your firm, or any principal in your firm ever filed a claim against an "owner" (including any public agency owner) or a bonding company insuring an "owner" for any claims arising under any contract? Yes No If yes, provide a description of the case, the court location, case number and the outcome for each lawsuit below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 36. Have you, your firm, or any principal in your firm ever filed a lawsuit against an "owner" (including any public agency owner) or a bonding company insuring an "owner" for any disputes arising under any contract? Yes No If yes, a description of the case, the court location, case number and the outcome for each lawsuit below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 17 | P a g e Binding Arbitration 37. Have you, your firm, or any principal in your firm ever had to submit to binding arbitration to resolve a dispute arising from a contract? Yes No If yes, discuss the circumstances and outcome of such arbitration below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 38. Does your firm have any outstanding judgments pending against it? Yes No If Yes, explain the circumstances surrounding each instance below: ________________________________________________________________________ H.COMPLIANCE 39. In the past five years, has your firm or any of its owners, partners or officers, ever been investigated, cited, assessed any penalties, or been found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed on Attachment D? For this question, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded Corporation. Yes No If Yes, explain the circumstances surrounding each instance, including the entity that was involved, the dates of such instances, and the outcome below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 40.Department of Industrial Relations (DIR) History: Has your firm or any of its owners, partners or officers (or firm under previous DBA) had any assessments issued by DIR or have any open investigations with the DIR within the last 5 years? If YES, how many open investigations? ________________ Attach Documentation on the case(s). If YES, how many assessments have been issued to your firm? ________________ Attach Assessment(s) issued by DIR and explain the case(s). Note: Failure to disclose or underreport this information may be factored into your firm’s bid evaluation. Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 18 | P a g e 41. If a license is required to perform any services provided by your firm, has your firm, or any person employed by your firm, been investigated, found to have violated, cited, assessed any penalties, or subject to any disciplinary action by a licensing agency for violation of any licensing laws in the past five years? Yes No If Yes, explain the circumstances surrounding each instance in the last five years below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 42. Provide the name(s), address(s) and telephone number(s) of the apprenticeship program sponsor(s) approved by the California Division of Apprenticeship Standards that may provide apprentices to your company for use on any public works projects that you are awarded by the City of Santa Monica (If Applicable) below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 43. Provide the name(s), address(s) and telephone number(s) of the apprenticeship program sponsor(s) approved by the California Division of Apprenticeship Standards that have provided apprentices to your company on any public works project on which your firm has participated within the last 3 years below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ I. BUSINESS INTEGRITY 44. For questions (a), (b), and (c) below, check Yes if the situation applies to your firm. For these questions, the term “firm” includes any owners, partners, or officers in the firm. The term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. If you check Yes to any of the three questions below, explain on the circumstances surrounding each instance. (a) Is a governmental entity or public utility currently investigating your firm for making false claim(s) or material misrepresentation(s)? Yes No Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 19 | P a g e Explanation: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (b) In the past five years, has a governmental entity or public utility alleged or determined that your firm made (a) false claim(s) or material misrepresentation(s)? Yes No Explanation: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (c) In the past five years, has your firm been convicted of, or found liable in a civil suit for, making (a) false claim(s) or material misrepresentation(s) to any governmental entity or public utility? Yes No Explanation: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 45. In the past five years, has your firm, any of its owners or officers been convicted of a crime involving the bidding of a government contract, the awarding of a government contract, the performance of a government contract, or the crime of theft, fraud, embezzlement, perjury, or bribery? For this question, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. Yes No Explanation: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 20 | P a g e 16) ADDENDA The Bidder shall acknowledge receipt of all Addenda, if any: Addendum No. Date Received Safeguard US Inc. 1 December 15, 2020 2 December 31, 2020 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 195 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 21 | P a g e 17) BIDDER’S ACKNOWLEDGMENT The undersigned hereby declares under penalty of perjury that: A. Its firm has a net worth greater than 50% and liquidity greater than 10% of the Bid amount. B. All necessary resources will be dedicated to complete this project within the designated contract period. C. The full names and residence of all persons and parties interested in the foregoing proposal, as principals, are as follows: NOTICE: Give first and last names in full; in case of a corporation, give names of the President, Secretary, Treasurer and Manager, and affix the corporate seal; in case of partnerships and joint ventures, give names of all the individual members. (full name) (residence) (full name) (residence) (full name) (residence) (Contractor's Business Name) (Submitted by - signature) (Business Address) (Title) (City) (State) (Zip) (Business Phone Number) (Contractor's License Number) (License Expiration Date) (License Classification) Safeguard US Inc. Safeguard US Inc. 6335 North Hollywood Boulevard, Suite 140 Las Vegas, Nevada, 89115 1021082 A - GENERAL ENGINEERING CONTRACTOR Siamak Goosheh Estimating Manager (888) 936-0752 6/30/2021 Paul Betts Henderson, NV 20%. But it was confirmed with William Clerk. Please refer to attachment #2 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 196 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 22 | P a g e CERTIFICATION UNDER PENALTY OF PERJURY I certify under penalty of perjury under the laws of the State of California that I have read and understand the questions contained in this questionnaire and the responses contained herein and on all Attachments. I further certify that I have provided full and complete answers to each question, and that all information provided in response to this Questionnaire is true and accurate to the best of my knowledge and belief. Submitted By, Print Name & Signature Date Title Safeguard US Inc. Siamak Goosheh Estimating Manager January 14, 2021 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 197 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 23 | P a g e ATTACHMENT A – BID GUARANTEE OR BIDDER'S BOND Bid bond (or cashier’s check) must be scanned and uploaded into the electronic bid via PlanetBids. The three lowest monetary bidders must mail in bid bond (or Cashier’s Check) via United States Postal Services (USPS) only to the City within 72 hours of bid close. Please DO NOT send in bid bonds via Federal Express or United Parcel Service (UPS). It is the responsibility of the bidders to check PlanetBids after bid close to see if they are onIt is the responsibility of the bidders to check PlanetBids after bid close to see if they are one of the three lowest bidders. Any bidder who fails to mail in the bond will be deemed non-responsive. Please mail bond to: City of Santa Monica, Department of Public Works, SP2643, William Clerk, 1685 Main Street Mail Stop 15, Santa Monica, CA 90401. Attached hereto is cash, a certified check, a cashier's check or a Bidder's bond in the amount of: Dollars $ _____ said amount ________________________________________ (in figures) (in words) being not less than ten percent (10%) of the amount bid, which it is agreed shall be retained as liquidated damages by the City of Santa Monica if the undersigned fails or refuses to execute the Construction Contract and furnish the required bonds and certificates of insurance within the time provided. KNOW ALL PERSONS BY THESE PRESENTS, That _________ , as Principal, and ____ ____ , as Surety, are held and firmly bound unto the CITY OF SANTA MONICA, hereinafter called "CITY" in the sum of ten percent (10%) of the Bid amount for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to said City to perform all work required under the Contract Documents of the City for the project entitled: ___________________________________________________________________ NOW THEREFORE, if said Principal is awarded the Construction Contract by said City and within the time and in the manner required under the heading "Instructions to Bidders" included with said Contract Documents, enters into a written contract on the form of "Construction Contract" included with said Contract Documents, and furnishes the required bonds to the satisfaction of the City, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void; otherwise it shall remain in full force and effect and the sum guaranteed by this bond shall, at the option of the City, be forfeited to the City. In the event suit is brought upon this bond by said City and judgment is made in favor of the City, said Surety shall pay all costs incurred by said City in such suit, including reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this _ day of _ , 20___. (Principal) By: (Signature) SEAL AND NOTARY ACKNOWLEDGMENT OF SURETY (Seal) Safeguard US Inc. Please refer to uploaded Bid Bond - Attachment A DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 198 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 24 | P a g e ATTACHMENT B – CONSTRUCTION PROJECTS IN PROGRESS Make copies of this attachment for each construction project in progress. List 5 construction projects, currently in progress, by the General Contractor that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: _________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Contract Completion Date:__________________ Safeguard US Inc. Please refer to - Attachment B DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 199 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 25 | P a g e ATTACHMENT C – COMPLETED CONSTRUCTION PROJECTS Make copies of this attachment for each construction project completed. List 5 construction projects completed by the General Contractor, within the past 5 years, that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: ________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Pending Contract Completion Date:__________________ Safeguard US Inc. Please refer to - Attachment C DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 200 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 26 | P a g e ATTACHMENT D – ASSESSMENTS/PENALTIES BY GOVERNMENTAL ENTITIES If Yes was checked in response to Question No. 38 if your firm or any of its owners, partners or officers, have ever been investigated, cited, assessed any penalties, or found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed below (or any of its subdivisions), including but not limited to those examples specified below. The term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. If you answered Yes, provide an explanation of the circumstances surrounding each instance, including the entity involved, the dates of such instances, and the outcome. FEDERAL ENTITIES Federal Department of Labor- • American with Disabilities Act • Immigration Reform and Control Act • Family Medical Leave Act • Fair Labor Standards Act • Davis-Bacon and laws covering wage requirements for federal government contract workers • Migrant and Seasonal Agricultural Workers Protection Act • Immigration and Naturalization Act • Occupational Safety and Health Act • Anti-discrimination provisions applicable to government contractors and subcontractors • Whistleblower protection laws STATE ENTITIES California’s Department of Industrial Relations- • Wage and labor standards, and licensing & registration • Occupational safety and health standards • Workers’ compensation self-insurance plans • Workers’ Compensation Act • Wage, hour, and working standards for apprentices • Any provision of the California Labor Code California’s Department of Fair Employment & Housing- • California Fair Employment & Housing Act • Unruh Civil Rights Act • Ralph Civil Rights Act Federal Department of Justice- • Civil Rights Act • American with Disabilities Act • Immigration Reform and Control Act of 1986 • bankruptcy fraud and abuse California Department of Consumer Affairs • Licensing, registration, & certification requirements • Occupational licensing requirements administered and/or enforced by any of the Department’s boards, including the Contractor’s State Licensing Board. Federal Department of Housing & Urban Development (HUD)- • Anti-discrimination provisions in federally subsidized/assisted/sponsored housing programs • Prevailing wage requirements applicable to HUD related programs Local Entities- City of Santa Monica or any of its subdivisions for violations of any law, ordinance, code, rule, or regulation administered and/or enforced by the City, including any letters of warning or sanctions issued by the City of Los Angeles for an unauthorized substitution of subcontractors, or unauthorized reductions in dollar amounts subcontracted. Federal Environmental Protection Agency- • Environmental Protection Act National Labor Relations Board- • National Labor Relations Act Others- Any other federal, state, local governmental entity for violation of any other federal, state, or local law or regulation relating to wages, labor, or other terms and conditions of employment. Federal Equal Employment Opportunity Commission- • Civil Rights Act • Equal Pay Act • Age Discrimination in Employment Act • Rehabilitation Act • Americans with Disabilities Act Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 201 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 27 | P a g e ATTACHMENT E – PUBLIC WORKS INSURANCE REQUIREMENTS Minimum Insurance Requirements for Public Works Projects Insurance Requirements Contractor shall procure and maintain insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. I. Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. Contractors providing services such as excavation, grading, and/or drilling or that involve environmental hazards will also possess: 4. Contractors’ Pollution Legal Liability. Insurance covering pollution conditions arising out of the actions performed by or on behalf of the Contractor with limits of no less than $1,000,000 per occurrence or claims/$2,000,000 policy aggregate. If the Contractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica. II. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 202 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 28 | P a g e 1. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as the combination of Insurance Services Office Forms: (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37. 2. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage at least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. 4. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors. III. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica. IV. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica. V. Claims Made Policies If the policy provides “claims made” coverage: 1. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work. Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 203 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 29 | P a g e 2. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work. 3. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Contractor must purchase “extended reporting” coverage for a minimum of 5 years after completion of work. VI. Verification of Coverage Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements. These documents must be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time. VII. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach. VIII. Subcontractors Contractor shall require and verify that all Subcontractors maintain insurance meeting the minimum requirements stated below: 1. All Subcontractors are required to possess insurance meeting the minimum scope and limits identified below: a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Subcontractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage. Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 204 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 30 | P a g e c. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. Subcontractors providing services such as excavation, grading, and/or drilling or that involve environmental hazards will also possess: d. Contractors’ Pollution Liability: Insurance covering pollution conditions arising out of actions performed by or on behalf of the Subcontractor, with limits no less than $1,000,000 each claim/$2,000,000 in the annual aggregate. If the Subcontractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage or higher limits maintained by the Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica. 2. All Subcontractors are required to comply with the insurance provisions established in Sections II through IV above. Effective 4/20/18 Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 205 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 31 | P a g e ATTACHMENT F – LIVING WAGE FORM CITY OF SANTA MONICA LIVING WAGE ORDINANCE Certification for Providers of Services to the City of Santa Monica (Fiscal Year 20/21 – July 1, 2020 through June 30, 2021) TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200 The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $17.13 per hour for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses. An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license. The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration. Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200. Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract. Please direct any questions to: City of Santa Monica Finance Department Attention: Living Wage Compliance Section 1685 Main Street, Mail Stop 09 Santa Monica, CA 90401 You can also contact staff regarding living wage ordinance questions by e-mail at finance.mailbox@smgov.net or by phone 310-458-8281. Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 206 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 32 | P a g e CITY OF SANTA MONICA LIVING WAGE ORDINANCE CERTIFICATION July 1, 2020 through June 30, 2021 TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200 MINIMUM WAGE - $17.13 per hour Please read, complete, and sign the following: THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a collective bargaining agreement, a signed collective bargaining agreement must be attached. (a) ________ contractor is a government agency and is exempt (b) ________ contractor is a City grantee and is exempt (c) ________ contractor is a non-profit corporation and is exempt (d) ________ contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms (e) ________ contractor is a corporation providing banking services The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica’s Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO. Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay. These statements are made under penalty of perjury under the laws of the State of California. Printed Name: ____________________________________Title: _______________________________ Signature: ____________________________________________ Date: __________________________ Contractor: __________________________________________ Bid Number (if applicable):__________ Service Description: ___________________________________________________________________________________ ____________________________________________________________________________________ Safeguard US Inc. Siamak Goosheh Estimating Manager January 14, 2021 SP #2643 Siamak Goosheh Safeguard US Inc, dba Safeguard Industries Fall Protection Systems, Facade Maintenance Systems, and Steel Structure Manufacturer DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 207 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 33 | P a g e ATTACHMENT G – OAKS INITIATIVE DISCLOSURE FORM CITY OF SANTA MONICA OAKS INITIATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 month Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 208 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 34 | P a g e EXAMPLE CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: ABC Corporation (Usually the company, corporation, organization or person who will be entering into contract with the City) Name(s) of trustees, directors, partners, and officers: Name(s) of trustees, directors, partners, and officers of the ABC Corporation Name(s) of persons with more than a 10% equity, participation, or revenue interest: Name(s) of persons with more than a 10% equity, participation, or revenue interest in ABC Corporation Prepared by: Title: Signature: Date: Email: Phone: FOR CITY USE ONLY: Bid/PO/Contract # DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 210 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 36 | P a g e ATTACHMENT H – PREVAILING WAGE REQUIREMENTS CITY OF SANTA MONICA PREVAILING WAGE REQUIREMENTS W H AT IS PREVAILING WAGE? All workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations (DIR), according to the type of work and location of the project. California's prevailing wage laws ensure that the ability to get a public works contract is not based on paying lower wage rates than a competitor. All bidders are required to use the same wage rates when bidding on a public works project. Contractors/Consultants must comply with the prevailing wage requirements. A project must meet prevailing wage requirements when it is twenty-five thousand dollars ($25,000) or more when the project is for NEW construction work, or fifteen thousand dollars ($15,000) or more when the project is for alteration, demolition, repair, or maintenance work. WHAT MUST CONTACTORS/CONSULTANTS/VENDORS DO TO FOLLOW THE LAW? Contractors/Consultants and subcontractors/subconsultants which bid on and are awarded City of Santa Monica prevailing wage project must comply with four general labor compliance obligations: 1. Register as a Public Works Contractor with the Division of Labor Standards Enforcement (DIR) 2. Pay Prevailing Pages 3. Comply with Apprenticeship Standards 4. Mail Hard Copies of Certified Payroll Records and ancillary documents to the City of Santa Monica OR submit electronic payrolls via LCP Tracker© or equivalent certified payroll software, as approved by the City and upload payrolls electronically to DIR on a Weekly Basis CONTRACTOR REGISTRATION To submit a bid or work on a Prevailing Wage project, contractors and subcontractors are required to register with the Division of Labor Standards Enforcement even if you don’t have a contractor license. Registration cost is $400 and covers fiscal year July 1st through June 30th. Failure to register will result in a $2,000 penalty if the unregistered contractor: · Bid on a public works project on or after March 1, 2015 · Was awarded a public works contract on or after April 1, 2015 or · Intentionally allowed registration to lapse while biding or working on a public works project Contractors must meet the following requirements to register: · Have workers compensation coverage for any employees and only use subcontractors who are registered public works contractors. · Have a Contractors State License Board license if applicable to trade. · Have no delinquent unpaid wage or penalty assessments owed to any employee or enforcement agency. · Not be under federal or state debarment. · Not be in prior violation of this registration requirement once it became effective. However, for the first violation in a 12-month period, a contractor may still qualify for registration by paying an additional penalty. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 211 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 37 | P a g e PAY PREVAILING WAGES California law requires that not less than the general prevailing rate of per diem wages be paid to all workers employed on a public works project. The prevailing wage rate is issued by the Office of Policy, Research and Legislation twice a year, February 22nd and August 22nd. In determining what wage determination for the life of the project, the contractor shall refer to the advertised bid date the Awarding Body published the first “Notice Inviting Bids” or RFP Advertise Date which resulted in a contract being awarded. If the City did not advertise the public works project for bid, other benchmark events, including the first written memorialization of the agreement concerning public works elements of the project or contract governing the award of public funds will be utilized instead. Current and Superseded prevailing wage determinations can be found at the following website: http://www.dir.ca.gov/DLSR/PWD Contractors/Consultants must have required labor posters posted on the job site (or break area), where signs are made clearly available for employees to review. Drivers performing both on-site and off-site hauling of materials either to or from a public works construction project must be paid the prevailing wage. Bona fide material suppliers are exempt from prevailing wage requirements. Workers who are required to report to the contractor’s office, yard, or other designated areas at the beginning and/or end of their shift shall be paid at the worker’s prevailing wage rate of pay for any travel time to and from the job site. This drive time shall be included when calculating any overtime due to the worker. Workers hauling and delivering ready-mixed concrete for a public works contract shall be paid the current prevailing wage rate from the time they set out from the batch plant until they return to the batch plant. (California Labor Code § 1720.9) Fringe Benefits (Health & Welfare, Pension, & Vacation) must either be paid to the worker, or to the appropriate third-party trust fund as part of a non-union employee’s hourly wage rate. A completed Fringe Benefit Statement must be provided for each contractor/consultant & subcontractor/subconsultant employed on the project. Pay the corresponding “training” rate that appears on the Director’s Wage Determination for each craft or trade to the California Apprenticeship Council (CAC) or an approved DAS program. Prime Contractors/Consultants are responsible for the proper insurance and compliance of ALL subcontractors, owner operators, vendors and suppliers who provide personnel to work at the job site. Representatives from the City of Santa Monica will monitor the job site and perform on-site interviews with employees performing labor at any time during construction except during rest periods or meal breaks DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 212 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 38 | P a g e APPRENTICESHIP STANDARDS Apprentices are required on Public Works projects greater than $30,000 for any “apprenticeable craft”. This is required under State Labor Code, California Labor Code §§ 1777.5. Contractor’s/Consultant’s Responsibilities: Submit contract award information for each apprenticeable craft required on the project using the DAS 140 form prior to performing work. If you are approved to train apprentices, you must send the contract award information to your apprenticeship committee. All apprentices working on City projects must be registered in either a State and/or Federally Approved Apprenticeship Program. See: https://www.dir.ca.gov/das/publicworks.html If your company is not approved to train apprentices, you must send the DAS 140 to all of the applicable apprenticeship committees whose geographical area (County) of operation incudes the area of the public works projects. DAS approved Apprenticeship programs can be found by using the search engine on the DAS website. Those programs that are the result of that search may or may not be in the County in which the job is located but they have been approved by the DAS to receive the DAS140. In some cases, a program will have statewide approval or approval of a certain number of counties i.e. 12 Southern California Counties and DAS approval is based on County not a City. Contractors/consultants who employ journeyman or apprentices in any “apprenticeable craft” must contribute to the California Apprenticeship Council (CAC) the amount reflected as the hourly “training” rate that appears on the Director’s wage determination, for each hour worked. A contractor is also entitled to take credit for such contributions made to a DAS approved apprenticeship program that can supply apprentices to the site of the public work. The training contribution is a distinct obligation of the contractor under the Labor Code and cannot be satisfied by paying the required hourly contribution directly to the employee. Contact the applicable apprenticeship committee to request apprentices for each apprenticeable craft or trade on your project using the DAS 142 form. The form must be submitted at least three business days before the apprentice is to report to the jobsite and it must be sent to the apprenticeship committees providing training in the applicable craft or trade whose geographical area of operation includes the site of the public work. If the apprenticeship committee does not dispatch apprentices, the contractor must request apprentice dispatch from another committee in the geographical area of the site of the public work and must request dispatch from each committee either consecutively or simultaneously until the contractor has requested dispatches from each such committee in the geographical area. (www.dir.ca.gov/das/publicworks.html) Employ apprentices in the correct ratio to journeyman of no less than one hour of apprentices work for every five hours of labor performed by a journeyman. If the contractor agrees to be bound by the standards of an apprenticeship program, the ratio may be no higher than the ratio stipulated by the apprenticeship program. (California Labor Code §§ 1777.5 (d) and (g)) Provide worker’s compensation benefits to apprentices. Proof of registration from California’s State Division of Apprenticeship Standards (DAS) for each apprentice must be maintained. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 213 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 39 | P a g e APPRENTICESHIP STANDARDS (CONTINUED) In the event Contractors/Consultants or Subcontractor/Subconsultant fails to comply with the obligation to hire apprentices or employ apprentices in the correct ratio, the City of Santa Monica will prepare an Apprenticeship complaint that will be filed with the DIR. The City will apply a withhold that is to be applied until the DIR’s ruling is received. CERTIFIED PAYROLL REQUIREMENTS Certified Payroll Records shall be submitted electronically through the DIR’s Online Certified Payroll System AND mail original HARD copies of the A-1-131 form or provide a form that includes ALL required information from the A-1-131 form weekly to: Gafcon, Inc, Attn: Lizette Rodriguez, 660 South Figueroa Street, Suite 1790 Los Angeles, CA 90017 OR Contractor may submit electronic payrolls (as approved by the City). Contractor payroll records are subject to review by the City of Santa Monica as outlined in California Labor Code §§ 1776 and 1812. Public Works Small Project Exemption is for contractors who work exclusively on small projects and are not required to be registered as public works contractors or file electronic certified payroll reports through the DIR’s online system. However, prevailing wages must still be paid on projects and contractors are still required to MAIL original HARD copies of the payroll weekly to Gafcon. Small project exemption is based on the contract amount of the entire project, not a contractor’s subcontracted amount of the project. Small project exemption applies for all public works projects that do not exceed: $25,000 for new construction, alteration, installation, demolition or repair $15,000 for maintenance Payrolls shall be due weekly from the Prime Contractor/Consultants and ALL subcontractors/subconsultants, owner-operators, vendors and suppliers who provide personnel to work at the job site. The payroll must be completed in its entirety, including the employee’s home address and social security number. Incomplete payrolls will not be accepted, and a progress payment withheld will be applied until acceptable payrolls are submitted. Statement of Non-Performance is submitted in lieu of a certified payroll any/all weeks a contractor remains on the job but no work is performed, including on-call/as-needed contracts – see example Attachment 4. A Statement of Compliance must be completed and signed with each certified payroll record. Authorized Signatory is to be completed and signed by an Owner, Officer or other person(s) with authority under penalty of perjury to so affirm, that the records for certified payroll are originals which truly depict fully and correctly the craft of type of work performed, hours and days worked and the amounts disbursed by way of check Fringe Benefit Statement for each trade utilized on the project must be updated prior to completing the first payroll by each contractor/consultant and each time fringe benefit rates change. “OTHER” deductions, if any, including deductions for 401K, must be fully explained in writing and an authorization for the deductions must be signed by the employee and submitted with the first payroll on which the deduction is shown. Daily Reports are to be submitted for all days worked on site. The reports should contain names of employees, total hours worked and description of work performed on that given day. Employee Itemized Check Stubs will be requested at random but no more than one employee per each month worked if no issues are discovered. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 214 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 40 | P a g e CERTIFIED PAYROLL REQUIREMENTS (CONTINUED) The City conducts on-going audits of certified payrolls and ancillary documents by requesting payroll records and ancillary documents during the course of the project. If these documents are not submitted to the City with the requested time frames, a withhold will be applied to your contract. The City will email a monthly request for information via a “Issues List” (Attachment 1) to Prime Contractor/Consultants. The Prime Consultant has 10 days to submit requested information. Owner/operators, sole proprietors, or business owners, must also submit certified payroll reports. If your firm will use LCP Tracker© or equivalent certified payroll software (as approved by the City) a CD of the entire payrolls must be submitted to the City upon project completion. Password and Login to LCP Tracker© or equivalent certified payroll software (as approved by the City) must be provided to the City’s Prevailing Wage Consultant. REQUIRED PRE-CONSTRUCTION CONFERENCE The City of Santa Monica requires a mandatory pre-construction conference with the Prime AND Sub-Contractors (Prime Consultants/Subconsultants) prior to the job start. This meeting can be conducted telephonically or in person. At this meeting the City’s Labor Compliance consultant will discuss federal and/or state labor law requirements applicable to the contract and will provide a packet of information containing templates for contractors use. The Prime Contractor/Consultant will be required to sign the Check List of Labor Law Requirements at the end of the conference, acknowledging that the City has provided the contractor with information regarding each federal and state requirement per Attachment 2. SANCTIONS The City may withhold funds on progress payments due to the Prime for the failure to submit required reports and/or documents by the Prime or ANY of the subs on the job. The City’s Withhold Policy is Attachment 3. Contractors/Consultants violating the prevailing wage requirements are subject to a penalty of up to $200 per day for each worker paid less than the prevailing wage rate, in addition to having to restore the differences in wages paid. (California Labor Code § 1775) Contractors/Consultants are also subject to a penalty of an additional $25 per day for each worker paid less than the prevailing wage rate for overtime work -- over 8 hours per day or more than 40 hours per week. (California Labor Code § 1813) In the event of an underpayment of wages, the Contractor/Consultant has 60 days to restitute those wages to the worker(s). If the Contractor/Consultant fails to pay the restitution within 60 days, liquidated damages in an amount equal to the unpaid wages will be assessed. Liquidated damages will be due the worker. (California Labor Code § 1742.1) Failure to utilize apprentices as specified, or to provide proof that apprentices were requested and denied, may subject the contractor to a penalty of up to $100 for each calendar day that the contractor worked on the project. A contractor/consultant that commits a second or subsequent violation within a three-year period may be subject to a penalty of up to $300 for each calendar day that the contractor/consultant worked on the project. (California Labor Code §1777.7) Failure to submit Certified Payroll Records within requested time receipt of a written request will be subject to a penalty of $100 per calendar day per employee until strict compliance is effectuated. (California Labor Code §§ 1776 and 1777.1). DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 215 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 41 | P a g e PREVAILING WAGE JOB ACKNOWLEDGMENT FORM A Prevailing Wage Job Notice and Acknowledgment Form (Exhibit 5) must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. If any adjustments are made to the project including, but not limited to, the addition, substitution, or removal of Subcontractor(s) the City requires the submission of an updated Prevailing Wage Job Notice and Acknowledgement Form. Addition of any New Subcontractor(s) will be subject to approval by the City’s Labor Compliance Consultant. New subcontractors/subconsultants cannot come onto City jobs unless a Prevailing Wage Job Notice and Acknowledgment Form has been submitted and approved. For the addition, substitution, or removal of any Subcontractor(s), the City may require a written request by the Prime Contractor, which will be subject to written approval by the Project Manager. PREVAILING WAGE RESOURCES Division of Labor Standards Enforcement (DLSE)- Laws and Regulations https://www.dir.ca.gov/dlse/dlseLaws.html Certified Payroll Reporting https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html Contractor Registration https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html DIR Contact Information https://www.dir.ca.gov/Public-Works/ContactUs.htm Division of Apprenticeship Standards - Public Works Information https://www.dir.ca.gov/DAS/PublicWorksForms.htm State of California, Division of Labor Standards Enforcement, Public Works Manual http://www.dir.ca.gov/dlse/PWManualCombined.pdf Prevailing Wage Determinations https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm CITY OF SANTA MONICA PREVAILING WAGE STAFF For questions on Prevailing Wage in the City of Santa Monica, please contact Lizette Rodriguez at (310) 458-8721, ext. 2341, lizette.rodriguez @smgov.net. ATTACHMENTS Attachment 1: Issues List Attachment 2: Check List of Labor Law Requirements Attachment 3: City of Santa Monica’s Labor Compliance Withhold Policy- Construction Contracts Attachment 4: City of Santa Monica’s Labor Compliance Withhold Policy- Professional Services Attachment 5: Statement of Non-Performance Attachment 6: City of Santa Monica Prevailing Wage Job Acknowledgment Form DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 216 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 42 | P a g e Prevailing Wage- Attachment 1 Issues List DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 217 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 43 | P a g e Prevailing Wage- Attachment 2 CHECKLIST OF LABOR LAW REQUIREMENTS Appendix A City of Santa Monica (Enter Department Name) (Project Name) Project# (Enter Number) The federal and state labor law requirements applicable to the contract are composed of, but not limited to, the following: 1. Payment of Prevailing Wage Rates The award of a public works contract requires that all workers employed on the project be paid not less than the specified general prevailing wage rates by the contractor and its subcontractors pursuant to Labor Code section 1770 et seq. The contractor is responsible for obtaining and complying with all applicable general prevailing wage rates for trades workers and any rate changes, which may occur during the term of the contract. Prevailing wage rates and rate changes are to be posted at the job site for workers to view. 2. Apprentices It is the duty of the contractor and subcontractors to employ registered apprentices on public works projects pursuant to Labor Code section 1777.5. 3. Penalties Penalties, including forfeitures and debarment, shall be imposed for contractor/subcontractor failure to pay prevailing wages, failure to maintain and submit accurate certified payroll records upon request, failure to employ apprentices, and for failure to pay employees for all hours worked at the correct prevailing wage rate, in accordance with Labor Code sections 1775, 1776, 1777.7, and 1813. 4. Certified Payroll Records Pursuant to Labor Code section 1776, contractors and subcontractors are required to keep accurate payroll records which reflect the name, address, social security number, and work classification of each employee; the straight time and overtime hours worked each day and each week; the fringe benefits; and the actual per diem wages paid to each journeyperson, apprentice, worker, or other employee hired in connection with a public works Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or to his or her authorized representative on request. Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls weekly to the LCO. In the event that there has been no work performed during a given week, the certified payroll record shall be annotated “No Work” for that week. All non-redacted certified payrolls should be sent to: Gafcon, Labor Compliance (City of Santa Monica) 660 South Figueroa Street, Suite 1790 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 218 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 44 | P a g e Los Angeles, CA 90017 5. Nondiscrimination in Employment Prohibitions against employment discrimination are contained in Labor Code sections 1735 and 1777.6; the Government Code; the Public Contracts Code; and Title VII of the Civil Rights Act of 1964, as amended. 6. Kickback Prohibited Pursuant to Labor Code section 1778, contractors and subcontractors are prohibited from accepting, taking wages illegally, or extracting “kickback” from employee wages. 7. Acceptance of Fees Prohibited Contractors and subcontractors are prohibited from exacting any type of fee for registering individuals for public work (Labor Code section 1779); or for filling work orders on public works contracts (Labor Code section 1780). 8. Listing of Subcontractors Contractors are required to list all subcontractors hired to perform work on a public works project when that work is equivalent to more than one-half of one percent of the total effort (Public Contract Code section 4104.). 9. Proper Licensing Contractors and subcontractors are required to be properly licensed. Penalties will be imposed for employing workers while unlicensed (Labor Code section 1021 and Business and Professions Code section 7000, et seq. under California Contractors License Law). 10. Unfair Competition Prohibited Contractors and subcontractors are prohibited from engaging in unfair competition (Business and Professions Code sections 17200-17208). 11. Workers’ Compensation Insurance All contractors and subcontractors are required to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of Labor Code sections 3700 and 1861. 12. OSHA Contractors and subcontractors are required to comply with the Occupational Safety and Health laws and regulations applicable to the particular public works project. 13. Prohibition against hiring undocumented workers Federal law prohibits contractors and subcontractors from hiring undocumented workers and requires all contractors and subcontractors to secure proof of eligibility/citizenship from all workers. 14. Itemized wage statements Contractors and subcontractors are required to provide itemized wage statements to employees pursuant to Labor Code section 226. The undersigned contractor hereby acknowledges that the City has provided the contractor with information regarding each item listed above. In accordance with federal and state laws, and with City’s policy and contract documents, the undersigned contractor herein certifies that it will comply with the foregoing labor law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 219 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 45 | P a g e For the Contractor: For the City of Santa Monica: _______________________________________ _______________________________________ Signature Date Signature Date _______________________________________ Title _______________________________________ Organization _______________________________________ Project _______________________________________ E-Mail Safeguard US Inc. Fall Protection SP #2643 sgoosheh@safeguard-industries.com Estimating Manager Jan 14, 3032Siamak Goosheh DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 220 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 46 | P a g e Prevailing Wage- Attachment 3 City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts (Page 1 of 2) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 221 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 47 | P a g e City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts (Page 2 of 2) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 222 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 48 | P a g e Prevailing Wage- Attachment 4 City of Santa Monica’s Labor Compliance Withhold Policy Professional Services /Construction Management Agreements (Consultants)(Page 1 of 2) Attachment 4 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 223 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 49 | P a g e City of Santa Monica’s Labor Compliance Withhold Policy Professional Services /Construction Management Agreements (Consultants) (Page 2 of 2) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 224 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 50 | P a g e Prevailing Wage- Attachment 5 Statement of Non-Performance STATEMENT OF NON-PERFORMANCE I do herby certify that no persons employed with the above-mention contractor/subcontractor worked on the project: Contract of subcontract number__________ during the payroll period commencing on the ________ day of ______________ and ending on the ___________ day of ________________. I , _________________________, the undersigned, am the___________________________ (Name – print) (Position in business) with the authority to act for and on the behalf of _________________________, certify under (Name of Contractor/Business) penalty of perjury that the records of copies thereof submitted and consisting of Non- Performance Payroll, 1 Page are the originals or true, full and correct copies of the originals (Description, Number of Pages) which depict the payroll record(s) of the actual disbursements by way of cash, check or whatever form to the individual named. Date: ________________________ Signature: _____________________________________ DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 225 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 51 | P a g e Prevailing Wage- Attachment 6 Prevailing Wage Job Acknowledgment Form First Page for Prime Contractors/Consultants/Vendors Second page for Subcontractors/Subconsultants DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 226 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 52 | P a g e City of Santa Monica Prevailing Wage Job Acknowledgment Form Prime Contractor/ Consultant/ Vendor A Prevailing Wage Job Notice and Acknowledgment Form must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. Prime Contractors/Consultants must list all subs they intend to use for the Project (Attach additional sheet for each subcontractor). The City will assist your firm in determining the most relevant classification given the information provided to the City’s Prevailing Wage Consultant, but it is the sole responsibility of the Prime Contractor/Vendor to ensure that they are utilizing the correct classifications at all times on the project. At bid submittal, contractors must complete the Prevailing Wage Job Acknowledgment form, with classifications they anticipate will be working on the job. Should additional classifications be needed and/or utilized not indicated on the form, prior to the new classification working onsite contractor must submit revised Prevailing Wage Job Acknowledgment form with updated classifications. Please indicate all classifications your company plan to use: By signing below the contractor attests that he/she has read and understands this document, that he/she is aware of the public work and prevailing wage requirements as set forth in the California Labor Code Sections 1720 et seq.; that he/she is an owner, officer, or other duly authorized representative of the firm; that he/she and each of his/her subcontractors is registered with the California DIR; and that he/she is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of this contract. Corrections or alterations to this form may trigger the escalation/de-escalation clause of your bid documents. Company Name: ___________________________________________________________ Address: _________________________________________________________________ Email Address: __________________________________ Phone Number: _________________________ Contractor State License Board Number (CSLB):___________ PWC Registration Number: _______________ Name of Apprenticeship Program affiliated with (if any): _____________________ Contractor/Consultant Representative Signature: ______________________________________Date: _______________ Print Name and Title: __________________________________________________________________ Project Name: SP Number or Bid No: # Craft Group Number/Trade Classification Determination Number Issue Date Number of Staff Apprenticeable ? Y/N For City of Santa Monica Internal Use Only Approved By:_______________________________ Date:____________ SP #2643 Fall Protection - City of Santa Monica 1 Iron Workers Journey person C-20-X-1-2020-1 20 NAug. 22 2020 Safeguard US Inc. 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 pbetts@safeguard-industries.com (888) 936-0752 10000442311021082 N/A Siamak Goosheh - Estimating Mamnager Siamak Goosheh Jan 14, 2021 6 Y DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 227 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 53 | P a g e City of Santa Monica Prevailing Wage Job Acknowledgment Form Sub-Contractor/ Sub-Consultant/ Vendor A Prevailing Wage Job Notice and Acknowledgment Form must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. Prime Contractors/Consultants must list all subs they intend to use for the Project (Attach additional sheet for each subcontractor). The City will assist your firm in determining the most relevant classification given the information provided to the City’s Prevailing Wage Consultant, but it is the sole responsibility of the Prime Contractor/Vendor to ensure that they are utilizing the correct classifications at all times on the project. At bid submittal, contractors must complete the Prevailing Wage Job Acknowledgment form, with classifications they anticipate will be working on the job. Should additional classifications be needed and/or utilized not indicated on the form, prior to the new classification working onsite contractor must submit revised Prevailing Wage Job Acknowledgment form with updated classifications. Please indicate all classifications your company plan to use: By signing below the contractor attests that he/she has read and understands this document, that he/she is aware of the public work and prevailing wage requirements as set forth in the California Labor Code Sections 1720 et seq.; that he/she is an owner, officer, or other duly authorized representative of the firm; that he/she and each of his/her subcontractors is registered with the California DIR; and that he/she is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of this contract. Corrections or alterations to this form may trigger the escalation/de-escalation clause of your bid documents. Company Name: ___________________________________________________________ Address: _________________________________________________________________ Email Address: __________________________________ Phone Number: _________________________ Contractor State License Board Number (CSLB):___________ PWC Registration Number: _______________ Name of Apprenticeship Program affiliated with (if any): _____________________ Contractor/Consultant Representative Signature: ______________________________________Date: _______________ Print Name and Title: ________________________________________________________________ Project Name: SP Number or Bid No: Name of Prime Contrctors/Consultant Working For: # Craft Group Number/Trade Classification Determination Number Issue Date Number of Staff Apprenticeable? Y/N For City of Santa Monica Internal Use Only Approved By:_______________________________ Date:____________ SP #2643 Fall Protection Safeguard US Inc. 1 Roofing C39 Eberhard Roofing 15220 Raymer Street, Van Nuys, California Cduncan@eberhardco.com Eberhard Roofing 1000001523#329087 N/A Jan 14, 2021Chris Duncan Chris Duncan - GM 3 Y8/22/2019LOS-2020-2 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 228 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 54 | P a g e ATTACHMENT I – NON COLLUSION DECLARATION FORM NON-COLLUSION DECLARATION FORM TO ACCOMPANY PUBLIC WORKS PROPOSALS OR BIDS STATE OF CALIFORNIA} COUNTY OF LOS ANGELES} , being first duly sworn, deposes, and says: that He/She is: (Insert “Sole Owner,” “A Partner”, “President,” “Secretary,” or other proper title) of (Insert name of proposer) Who submits herewith to the City of Santa Monica the attached proposal; that He, She, It, or They is (are) the person(s) whose name(s) is (are) (strike out words not appropriate) signed to the hereto attached proposal/bid; that said proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; that such proposal was not made in the interest or on behalf of any person, partnership, company, association, organization or corporation not therein named or disclosed. Declarant further deposes and says: that the proposer has not directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interests of the public body which is to award the contract or of any other proposer, or anyone else interested in the proposed contract; that the proposer has not in any manner sought by collusion to secure for himself, herself, itself, or themselves, an advantage over any other proposer. (strike out words not appropriate) Declarant further deposes and says that prior to the public opening and recording of proposals the said proposer: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham Proposal; (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said proposer or anyone else would submit a false or sham proposal, or that anyone should refrain from proposing or withdraw his/her proposal; (c) Did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix any overhead, profit or cost element of his, her, its, their price, or of that of anyone else; and (d) Did not, directly or indirectly, submit his, her, its, or their proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership or other financial interest with said proposal in his, her, its, or their business. (strike out words not appropriate). (e) That it has not in any manner sought by collusion to secure any advantage over any other Bidder. (f) That it has not in any way, directly or indirectly, entered into any arrangement or agreement with any other Bidder, or with any public officer of the City of Santa Monica whereby the undersigned executing this declaration has paid or shall pay to such other Safeguard US Inc. Siamak Goosheh Estimating Manager DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 229 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 55 | P a g e Bidder or public officer any sum of money, or has given or shall give to such other Bidder or public officer anything of value whatsoever. (g) That the undersigned executing this declaration has not directly or indirectly, entered into any arrangement or agreement with any other Bidder or Bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for. (h) That no Bid has been accepted from any Subcontractor or supplier through any bid depository, the By-Laws, Rules, or Regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or supplier or which has the effect of keeping a Subcontractor or supplier from bidding to any Contractor who does not use the facilities of or accept Bids from or through such bid depository. (i) That no inducement of any form or character other than that which appears upon the face of the Bid will be suggested, offered, paid or delivered to any person for the purpose of affecting the award of the Contract. (j) That it does not have any agreement or understanding of any kind whatsoever, with any person to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this Bid. I declare under penalty of perjury that the foregoing is true and correct. Name of Proposer/Bidder Siamak Goosheh Signature/Date January 14, 2021 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 230 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 56 | P a g e ATTACHMENT J – SCOPE OF WORK I N TRODUCTION The City of Santa Monica, (referred to hereafter as “the City”) is inviting bids from qualified persons or firms interested in “Fall Protection” design/build services. SUMMARY OF BID Provide design and installation of roof fall hazard protection per attached Attachment K, Roof Fall Hazard Risk Assessment. Fall protection equipment shall be installed with minimal penetration to existing structures. All building will be occupied and operational during the design and installation of the roof fall protection equipment. All bidders must provide an action plan and design approach for providing proper fall protection at all locations noted on Roof Fall Hazard Risk Assessment. Design and installation of roof fall protection equipment must comply with all applicable codes. Scope of Work The City of Santa Monica (referred to hereafter as “the City”) is seeking for a contractor/firm to provide design-built services for roof fall protection mitigation services in accordance with Attachment K, Roof Fall Hazard Risk Assessment. The fall protection equipment and bid shall include but not limit to: 1. Design and engineer the fall protection equipment. All drawings and calculations, as applicable, shall be stamped by an engineer license in the State of California. 2. The design shall accommodate minimal penetrations to the existing structure. All penetrations to existing structure must be properly sealed to avoid water intrusion into the structure. Advice the City prior to any roof penetrations. 3. All fall protection equipment shall be design and engineer per all applicable codes. 4. It is the contractor/firm’s responsibility to verify all on-site measurements. All measurements shown on Exhibit C, Roof Fall Hazard Ris-k Assessment, are for reference only. 5. Special attention shall be taken in landmarked buildings to minimize the visibility of the fall protection equipment. Coordination with City’s staff is required prior to desing and installation. 6. All equipment must be design and engineer to sustain environmental conditions. The City is a costal city, therefore, special attention to salt saturation in the environment must be taken into consideration. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 231 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 57 | P a g e 7. Contractor/firm is responsible for all safety requirements during installation. 8. Staging areas will be provided and coordinated as needed. 9. It is the contractor responsibility for securing all construction/installation areas, material and equipment during and after on-site work. 10. Contractor’s staff parking is the responsibility of the contractor. 11. All buildings will be occupied during construction/installation of fall protection equipment. All on-site activities most be performed with minimal or no impact to the activities of City’s staff. 12. All on-site work shall be coordinated with the City a minimum of 72 hours in advance. 13. All work and equipment shall be warrantied for a minimum of 3 years after completion of installation. 14. Contractor/firm shall provide initial certification of fall protection equipment. 15. Contractor/firm shall provide initial training for City staff per OSHA standards. 16. Contractor/firm shall provide Action Plan and Schedule for the project. Action Plan and Schedule must be approved by City prior to implementation. Preliminary Action Plan and Schedule shall be part of bid. 17. The City is requesting proposer to include a $54,000 unforeseen conditions allowance. Please refer to chart below for description/distribution of the allowance. 18. Proposers shall include the chart below as part of their proposal documentation. Proposal shall include the lump sum amount per location described in the chart below. 19. The City holds the right to adjust and/or change the scope of work as necessary. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 232 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 58 | P a g e ATTACHMENT K – ROOF FALL HAZARD RISK ASSESSMENT DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 233 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) page 1 RROOOOFF FFAALLLL HHAAZZAARRDD RRIISSKK AASSSSEESSSSMMEENNTT DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 234 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 2 | Page TABLE OF CONTENTS 1.0 Scope 2.0 Audit Summary 3.0 Approach & Methodology 4.0 General Observations / Findings Pg. 4 5.0 General Recommendations Pg. 4 6.0 Specific Findings BBB Admin Bldg. Pg. 9 BBB Maintenance Facility Pg. 12 BBB Bus Wash/Fueling Facility Pg. 15 City Hall Pg. 18 Library Montana Pg. 22 City Yards - Water/Waste Water Pg. 25 Plumbing, Signs & Marking, Traffic Sig, Meter Shop, Rosie G’s Pg. 28 Warehouse, Mail, Copy House, Custodial HVAC, Paint, Carpentry & Facilities Admin. Pg. 31 Public Works Operations, Electrical, Street Pg. 34 RRR Operations w/Conference Room & Fleet Storage Pg. 37 Fleet Services Including Tire Warehouse & Welding Shop Pg. 40 Woodlawn Cemetery – Mausoleum Pg. 43 Woodlawn Cemetery – Mortuary Pg. 46 Public Safety Facility Pg. 49 Arcadia Plant – Lab/Maintenance Bldg. & Control Room Pg. 52 Arcadia Plant – Filtration Tanks Pg. 55 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 235 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 3 | Page 7.0 Appendices Appendix A California Code of Regulations Title 8, Section 3209. Standard Guardrails. Appendix B California Code of Regulations Title 8, Section 3210. Elevated Locations. Appendix C California Code of Regulations Title 8, Section 3212. Floor Opening, Floor Holes & Roofs Appendix D California Code of Regulations Title 8, Section 3270. Access General. Appendix E California Code of Regulations Title 8, Section 3277. Fixed Ladders. Appendix F California Code of Regulations Title 8, Section 1670. Personal Fall Arrest Systems, Personal Fall Restraint Systems and Positioning Devices. Appendix F Roofzone™ Non-penetrating Guardrail Specification. Manufactured by Tiedown Safety Appendix G Hatchsafe™ Roof Hatch Safety System Specification. Manufactured by PS Safety. Appendix H KeeGuard/KeeClamp Parapet Wall Mounted Guardrail System Specification. Manufactured by KeeSafety. Appendix I Keeguard Skylight Screen/Cover Specification. Manufactured by KeeSafety and/or Tiedown Engineering DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 236 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 4 | Page 1.0 SCOPE The City of Santa Monica owns and maintains a total of 97 buildings and both leases and leases out several others thru out the city. 2.0 APPROACH AND METHODOLOGY Fall hazards exist because of the need for workers to perform particular tasks at a level of four feet or higher from the ground or nearest obstruction. Per the General Duty Safety Clause otecting that worker from the fall hazards. 3.1 Elimination of the hazard This is almost always the most favorable choice because it involves eliminating the need for the worker to climb above four feet or be exposed to any fall hazard at all. Questions that must be asked by the team before this option can be selected. A. Can the process be automated by the addition of ground level controls? B. Can the process be modified by use of different procedures and/or equipment that allows worker to complete the same task from a safe distance to a fall hazard? Unfortunately this option often involves costly and difficult engineering processes (ie relocating HVAC units to ground level) or is not a viable option due to space limitations, public access or other limiting factors. 3.2 Installation of passive fall protection systems A. Passive fall protection systems are usually the next favorable choice since they eliminate the training of personnel on use of PPE and do not require trained technicians to complete semi-annual inspections that are required by Cal -Osha for Active Fall Protection System (Cable systems, Roof Anchors etc). DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 237 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 5 | Page B. Examples include permanent walkways, handrails, and guardrails. 3.3 Installation of active fall protection systems 1. A common example of an active fall protection system is an anchorage point used in conjunction with a harness and lanyard. 2. Since there is a possibility that a worker may not utilize the active fall protection system when in a hurry or otherwise distracted, this is normally the least desirable option of the three. 3. This often is the only viable choice because of physical space limitations, aesthetics issues and in most has a lower initial cost but higher cost of ownership over 5, 10, 15 years due to Cal-Osha required inspection intervals (twice annually). 3.0 AUDIT SUMMARY The purpose of this assessment is to review and analyze potential fall hazards and to recommend practical solutions to limit the risks for employees required to access the roofs in order to perform routine maintenance or repairs. This assessment is intended to give the City of Santa Monica personnel a comprehensive report of the fall hazard risks identified and to recommend solutions for each type of hazard. This fall hazard assessment is one important step in providing an action plan to eliminate major risk and reduce the potential for falls from heights. The City of Santa Monica is working towards the goal to eliminate, prevent or control all fall hazards. In order to achieve this, the following steps are required. • Identify hazardous fall exposures • Assess the risk; degree • Evaluate work tasks and frequency • Prioritize measures to abate the hazards • Install passive (preferable) and/or active fall protection • Provide fall protection equipment and training to personnel This report is the result of observation, employee interviews and photographic documentation completed during the on-site visit, detailing the following; • Potential hazardous fall exposures and rescue concerns • Analysis of typical work tasks performed at each area, including: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 238 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 6 | Page 1. Number of individuals required to perform a particular task while exposed to a fall hazard 2. How much mobility vertically and horizontally is required 3. How accessible is the location to perform a required task 4. Frequency of the task required • Recommendation of solutions utilizing the latest technology to abate potential hazards The following is a list of the buildings that have been assessed in this report: BBB - Administration Bldg 1660 7th St, SM BBB - Maintenance Facility 1620 6th St, SM BBB - LNG Fueling Facility 1660 7th St, SM City Hall - 1685 Main St, SM Library Montana - 1704 Montana Ave, SM City Yards - 2500 Michigan Ave, SM Water / Wastewater Plumbing, Signs & Markings, Traffic Sig, Meter Shop, Rosie's G's Warehouse (Mail, Copy House, Custodial & HVAC) Paint, Carpentry, Facilities Admin Operations, Electrical, Streetlights, Streets, Streets Admin RRR - Operations Bldg w/ Conference Room. Fleet Storage Fleet (including Tire Warehouse and Welding Shop) Public Safety Facility - 333 Olympic Drive, SM Woodlawn Cemetery Mausoleum - 1847 14th Street, SM Woodlawn Cemetery Mortuary - 1847 14th Street, SM Arcadia Plant – 1228 S, Bundy Drive, SM Lab/Maintenance Bldg. and Control Room Filtration Tanks DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 239 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 7 | Page 4.0 General Observations In General, during the walk through it was determined that most if not all roofs had some form of mechanical equipment (HVAC, photovoltaic panels, etc) or roof drains that require cleaning and lacked sufficient and/or adequate guard railing, tie off points or cable lifeline systems to provide safe access for the tasks at hand. I was very impressed with the knowledge the personnel at the various facilities/buildings have in regard to working safely at heights. During the duration of my assessments in these areas, workers expressed their concern that although fall protection was not high on their list of desirables, they did appreciate the fact that concern for their individual safety was evident by our presence. The following are General Observations that pertained to most or all roofs assessed: i) All roofs had either no parapet wall or parapet wall that was less than required 42 inches. ii) All roofs had equipment (HVAC, antennas, vents etc.) or roof drains within 15Ft of roof edge and often within 6Ft of a roof edge where proper guarding was not present. iii) Where access was gained thru roof hatch, there was either no guarding present or insufficient guarding around roof ha. iv) No roof assessed had sufficient guarding, tie back anchors or cable systems to allow workers safe access to any of the roofs or were fully compliant with Cal- OSHA regulations and for working safely at heights at elevated work locations. 5.0 General Recommendations DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 240 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 8 | Page The following are General Recommendations that pertained to most or all roofs assessed: i) Limit roof access to all roofs except for emergency situations requiring immediate access. Roof access permits accompanying a fall protection plan reviewed by EH&S should be utilized. ii) All low slope roofs should have guard railing installed around perimeter. In lieu of guard rails, each roof should have anchors installed with permanent cable system that allows workers to travel the entire length of system without disconnecting if access frequency permits use of fall protection systems other than guardrails and/or 42” parapet walls. iii) Roofs with a roof hatch that is used to gain access to the roof must be protected with guardrails or roof hatch safety system. iv) Although guardrails may have a higher initial purchase cost, the overall cost of ownership over 5, 10, 15 years may be significantly less than utilizing temporary or permanent roof anchors/lifelines and provides a higher level of safety for workers. v) On roofs where guardrails are not required due to frequency of access required per Title 8 Section 3270, active fall protection (fall arrest and/or restraint systems) may be utilized if designed in accordance Title 8 Section 1670. Per Section 1670, all fall restraint/fall arrest systems will require documented inspections every 6 months, documented training and re-certification/testing at maximum 5 year intervals. Recommended Products: Hatchsafe™ System Roofzone™ Guardrail System DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 241 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 9 | Page 6.0 Building Specific Observations/Findings Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder Interior Fixed Ladder (Roof Hatch) Ship’s Ladder (Roof Hatch) Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. BBB – ADMINISTRATION BLDG, 1660 7TH ST, SANTA MONICA DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 242 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 10 | Page Observation: • Access to roof gained thru roof hatch from second floor of Admin Bldg. • Roof hatch not properly guarded • Roof hatch located within 15ft of unprotected north roof edge. • Roof is rectangular in shape (210’L x 30’W). • Low parapet wall on all (4) sides with potential for fall of greater than 4 feet to lower level or ground. • Roof has several large HVAC units installed on roof all within 15ft of one or more unprotected roof edges. • Roof drains located within 12 to 24 inches of north and south roof edges spaced approx. 60Ft apart. • No skylights or other open holes present on roof. Recommendations: • Install Roof Hatch Safety System with grab bars and self-closing safety gate to prevent worker falling into open hole. • Install 480Ft of non-penetrating Roofsafe™ guardrail system around perimeter of roof. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 243 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 11 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 244 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 12 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. BBB - Maintenance Facility, 1620 6th St., Santa Monica DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 245 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 13 | Page Observation: • Access to roof gained thru roof hatch from second floor of Maintenance Bldg. • Access ladder in good condition and meets California Code of Regulations Title 8 Section 3277. • Roof hatch not properly guarded. • Roof hatch located within a safe distance from all unprotected roof edges. • Roof is rectangular in shape (490’L x 125’W). • Parapet wall along north edge is at least 42” and meets proper guarding requirements. • Low parapet walls (less than 42”) on east, south and west roof edges with potential for fall of greater than 4 feet to lower level or ground. • Roof has several large HVAC units installed on roof with most located along protected north roof edge with only 1 or 2 located near east and west roof edge with low parapet (less than 42”). • Four bays of photovoltaic panels and walkway installed within 15Ft of unprotected south roof edge • No skylights or other open holes present on roof. Recommendations: • Install Roof Hatch Safety System with grab bars and self-closing safety gate to prevent working falling into open hole. • Install 750Ft of non-penetrating Roofsafe™ guardrails guardrail system along south, east and west roof edges. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 246 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 14 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 247 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 15 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. BBB – Bus Wash/Fueling Facility, 1620 7th St., Santa Monica DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 248 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 16 | Page Rim owes it to our customers to recommend isolating areas where work is performed above the four foot level preventing unauthorized access to these areas. Observation: • Access to roof gained from locked exterior fixed access ladder at the south east corner of building. o Access ladder does not meet California Code of Regulations for the following reasons: i. The side rails of through or side-step ladder extensions shall extend 3 1/2 feet (42 inches) above parapets and landings. ii. Vertical distance of the first rung on inside of parapet walls exceeds allowable 14 inches. • Access ladder reaches low roof with built up membrane type roof where HVAC and other mechanical equipment is located. Upper roof with metal standing seams does not need to be accessed for any reason other than roof repair. • Low parapet walls (less than 42”) north, east, south and west roof edges with potential for fall of greater than 4 feet to lower level or ground. • Roof has one large HVAC and several small air units installed on roof with most located along east roof edge with low parapet wall (less than 42”). No skylights or other open holes present on roof. Recommendations: • Modify existing ladder so that side rails at top extend 42” above top of landing/parapet wall to comply with California Code and add fixed step on inside of wall to reduce vertical distance from roof to first rung, too less than 14 inches. • Install 60Ft of parapet wall mounted guardrail to top of west interior parapet wall and additional 230Ft of wall mounted guardrail to top of north, east and south parapet wall to increase overall height to required 42” as required by California Code of Regulations Title 8 Section 3209 . DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 249 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 17 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 250 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 18 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. CITY HALL – 1685 Main Street, Santa Monica DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 251 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 19 | Page Observation: • Access to South Wing lower roof gained from unlocked walk out door from 2rd floor of City Hall Building. • Access to North Wing lower roof gained from locked walk out door from 2rd floor of City Hall Building • Total of (8) exterior access ladders for transitioning from roof to roof do not meet California Code of Regulation for the following reasons: The side rails of through or side-step ladder does not extend vertically 3 1/2 feet (42 inches) above landing. Rung widths less than 16” between side rails Less than 7” standoff from wall behind to center of rung No guarding at top of ladder. • Low parapet walls (less than 42”) north, east, south and west roof edges with potential for a fall of greater than 4 feet to lower level or ground. • Due to several roof elevation changes workers are exposed to a fall greater than 4ft to a lower roof level. • Roof has a couple large air handlers and several small ac units installed on roof with most within 6ft of exposed or unprotected roof edge. • Due to the many runs of conduit and other piping on roof within 6ft of roof edges there is a high potential for a tripping hazard resulting in a fall to a lower level or ground. • All skylights have been properly guarded Recommendations: • Ensure all roof access doors have working locks to keep the public from accessing roof area. • Modify all existing fixed access ladders to meet California Code of Regulations Title 8 Section 3277. • Install self-closing safety gates at all access ladders to protect worker falling to a lower level. • Install architectural parapet mounted guardrail for aesthetic purposes to meet 42” height requirement around north, east, south, west roof edges. • Install non penetrating Roofsafe™ guardrail system at all unprotected interior roof edges where there is a fall potential to a lower roof level (for example from main roof to lower south wing roof). DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 252 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 20 | Page Roof Plan with Recommendations (South Wing): Roof Plan with Recommendations (Main Roof): DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 253 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 21 | Page Roof Plan with Recommendations (North Wing): Special attention must be taken for all fall protection implementation at the front and 30 ft front/side returns of City Hall to maintain its Historic/Landmark Architecture integrity. All railing at the front and 30 ft front/side returns must be recessed a minimum of 5' feet. When railing cannot be conceal, the implementation of cables and harnesses will be required. All fall protection work at City Hall must meet OSHA guidelines. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 254 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 22 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. LIBRARY MONTANA – 1704 Monatana Ave., Santa Monica DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 255 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 23 | Page Observation: • Access to roof gained from locked exterior fixed access ladder at the south east corner of building. • Access ladder reaches low roof with tar and gravel typ e roof where HVAC equipment is located. One unit is protected inside of enclosure with one unit within 6ft of roof edge. • When worker exits ladder there is no parapet, guard railing or tie offs to provide safe transition from ladder to roof or vice versa with potential fall to lower level or ground of 4ft or more. • Access ladder from lower roof to north upper roof also has no guarding at top of ladder to prevent a worker from falling 4ft or more to lower roof level. • All roof edges have potential for fall of greater than 4 feet to a lower level or ground. • No skylights or other open holes present on roof. Recommendations: • Install 68Ft of guardrail to enclose lower roof section from access ladder to HVAC unit near north east corner of lower roof section. • Install 152Ft of non-penetrating Roofsafe™ guardrail system around perimeter of north east upper roof to allow safe cleaning of drains effected by overhanging trees. • Install self-closing safety gates at both access ladders to protect worker falling to a lower level. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 256 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 24 | Page Roof Access Ladder HVAC within 6ft of roof edge on lower roof. Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 257 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 25 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. City Yards – 2500 Michigan Ave., Santa Monica Water / Wastewater Department Building DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 258 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 26 | Page Observation: • Access to roof gained from unsecured exterior fixed access ladder on south side of building. • Access ladder extends up and over 48” parapet wall. Ladder does not meet minimum width of 16” as required by California Code of Regulations. • When worker exits ladder there is an unprotected skylight within 8ft of ladder and directly in the path of travel with the potential for a fall to lower level of 4ft or more. • All roof edges, except at ladder entry, have potential for fall of 4ft or more to ground. • There are (2) total elevation changes of 19” or more requiring steps or ladder at access points/path of travel. • There are a total of (15) unprotected skylights measuring 26” x 52” each. Most are within the path of travel and/or within 6ft of HVAC equipment that needs to be serviced. Recommendations: • Install ladder with lockable security gate to prevent unauthorized access to roof area. • Replace existing ladder with new ladder that meets California Code of Regulations Title 8 Section 3277. • Install 560Ft of non-penetrating Roofsafe™ guardrail system around perimeter of building to protect workers from falling off roof. See recommended configuration on next page to eliminate need to protect 4 of the 15 skylights with screens. • Install (11) skylight covers. • Install (2) step up or cross over ladders for transitioning from roof to roof where elevation change exceeds 19”. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 259 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 27 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 260 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 28 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209, shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. City Yards – 2500 Michigan Ave., Santa Monica Plumbing, Signs & Markings, Traffic Sig, Meter Shop, Rosie's G's DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 261 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 29 | Page Observation: • Access to low sloped membrane roof gained from unsecured exterior fixed access ladder at the east end of building. • When worker exits ladder there is no parapet, guard railing or tie offs to provide safe transition from ladder to roof or vice versa with potential fall to lower level or ground of 4ft or more. No parapets or guarding present on Traffic Signal/Parking Meter Building with potential for fall of 4ft or more to ground on all sides. • Existing non-OSHA compliant ladder for transitioning from Traffic Signal/Parking Meter Building to Signs & Marking Building is within 6ft of unprotected south roof edge. Can not relocate due to skylights on lower roof of Signs and Marking Building. • There are (7) total unprotected skylights on Signs and Markings Building that are directly in the path of travel with (1) HVAC unit within 6ft of an unprotected skylight. Parapets are 42” or greater on south roof edge. • No existing ladder for transitioning to north lower roof of Signs and Markings Bldg with unprotected north roof edge and (3) of the total (7) skylights. • At west end of Signs and Marking Building there is no transition ladder to upper roof of Plumbing Building that has (6) additional unprotected skylights with (1) HVAC unit within 6ft of unprotected skylights. • Parapets on Plumbing Building roof do not meet 42” height requirement. Recommendations: • Install approximately 410LF of non-penetrating Roofsafe™ guardrail system from access ladder at east end of building (Rosie G’s/Traffic Signal) to west end of building (Plumbing) to reduce /eliminate exposure to roof edges and/or unprotected skylights. (See recommended layout on following page). • Replace (1) existing ladder and install (3) additional cross over ladders for transitioning from roof to roof where elevation change exceeds 19”. (3 total). • Install self-closing safety gates at 3 ladder locations where there is a potential for fall to lower level. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 262 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 30 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 263 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 31 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209, shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. City Yards – 2500 Michigan Ave., Santa Monica Warehouse (Including Mail, Copy House, Custodial & HVAC). Paint, Carpentry, Facilities Admin DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 264 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 32 | Page Observation: • Access to roof gained thru a series of interior fixed access ladders leading to roof hatch in center of the Mail/Copy House Building. Roof hatch not adequately protected. • Mail/Copy House roof has Bitumen roofing with (18) total unprotected skylights. Roof is primarily flat on top (12’ wide) with medium to high slopes on both sides and both ends of building with parapet walls less than 42” on exposed north and south sides. • There is no existing cross over platform or ladder for transition from Mail/Copy House roof to Paint shop, Paint Shop to Carpentry or Carpentry to Facilities Admin Bldg. • There is a total of (4) unprotected skylights on Paint Shop, (2) on Carpentry and (2) on Facilities Admin Bldg. • North and South roof edge of Paint Shop and Carpentry Shop have potential for a fall of 4ft or more to ground with less than 42” parapets as required. • (1) HVAC unit on Carpentry shop within 6ft of unprotected roof edge. • (1) HVAC unit on Facilities Admin bldg. within 6ft of unprotected skylights and (1) HVAC on Facilities Admin with 15ft of unprotected roof edge. Recommendations: • Install Roof Hatch Safety System with grab bars and self-closing safety gate to prevent worker falling into open hole and to make ascending and descending ladder safer. • Install approximately 676 L.F of non-penetrating Roofsafe™ guardrail system from east end of Mail/Copy House Bldg to west end of Facilities Admin Bldg to reduce /eliminate exposure to roof edges and/or unprotected skylights. (See recommended layout on following page). • Install (2) skylight screens on Facilities Admin Bldg roof that cannot be isolated by use of guardrails due to proximity to HVAC unit. • Install (3) crossover ladders or platforms for transitioning from roof to roof where elevation change exceeds 19”. (3 total). DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 265 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 33 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 266 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 34 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209, shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. City Yards – 2500 Michigan Ave., Santa Monica PW Operations, Electrical Shop, Streetlights, Streets, Streets Admin. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 267 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 35 | Page Observation: • No existing permanent/fixed roof access ladder. Workers must use portable ladder which is not permitted per California Code of Regulations Section 3270 due to equipment installed on roof requiring servicing making it a permanent elevated work location. • North, east and south parapet walls on Public Works Operation Bldg. do not meet 42” height requirement. (1) HVAC unit within 10Ft of south roof edge with low parapet. • No ladder or crossover platform for transitioning from Operations Bldg. to Electrical Bldg. or from Electrical to Street and Fleet Services Bldg. • (2) HVAC units on Electrical Bldg. roof within 15ft of roof edge with parapets less than 42”. • (1) 95”x 65” unprotected skylight on Street and Fleet Services Bldg. • (2) HVAC units within 15ft of south roof edge of Street & Fleet Services Bldg. with no parapet wall. Recommendations: • Install new fixed access ladder that complies with California Code of Regulations Title 8 Section 3277 with self-closing safety gate per Title 8 Section 3212. • Install approx. 372Ft of non-penetrating Roofzone™ Guardrail system from new access ladder location near Street Services Bldg. to enclose HVAC units on Street Services Bldg., Electrical Dept Bldg., PW Operations Bldg. • Install (1) skylight screen on Street Services Bldg. that cannot be isolated by use of guardrails due to proximity to HVAC unit and remains in path of travel. • Install (2) crossover ladders or platforms for transitioning from roof to roof where step over or elevation change exceeds 19”. (2 total). DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 268 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 36 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 269 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 37 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209, shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. City Yards – 2500 Michigan Ave., Santa Monica RRR – Operations Building w/Conference Room & Fleet Storage Bldg. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 270 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 38 | Page Observation: • Access to roof gained from secured exterior fixed access ladder at the south west corner of building. Ladder handrails do not extend 42” above top of parapet wall as required by Title 8 Section 3277. • Access ladder reaches small conference room roof with membrane type roof with 42” or greater parapet walls on all 4 sides. • Roof has (1) HVAC unit located within 6ft. of (1) 90”x48” unprotected skylight. • Existing crossover ladders from conference room roof to main RRR Operations Bldg., does not adequately extend 42” above top of parapet walls and has corrosion on support brackets. • (1) 48”x48” skylight on RRR Operations Bldg., dangerously close to crossover ladder. • RRR Operations roof has 42” or greater parapet walls on all (4) sides with no transition/crossover ladder to Fleet Storage Bldg that has (1) HVAC within 15ft of south unprotected roof edge. Recommendations: • Modify existing roof access ladder to extend handrails 42” above parapet wall. • Replace & relocate (1) 48” crossover ladder away from skylight. Install additional crossover ladder between RRR Operations Bldg., and Fleet Storage Bldg. • Install non-penetrating guardrail around skylight on RRR Conference Room Bldg., and skylight on Operations Bldg., roof. (40Ft total) • Install 92 Ft of guardrail around HVAC unit on Fleet Storage Bldg., to isolate from rest of roof and unprotected roof edges. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 271 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 39 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 272 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 40 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209, shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. City Yards – 2500 Michigan Ave., Santa Monica Fleet Services (Including Tire Warehouse and Welding Shop) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 273 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 41 | Page Observation: • No existing permanent/fixed roof access ladder. Workers must use portable ladder which is not permitted per California Code of Regulations Section 3270. • Roof consists of (7) different roof areas (see pg.41) with all different types of roofing material and ranging from flat to dome style roof with low to steep slopes. • All roof areas #1 - #7 have various HVAC equipment, drains, lighting etc. with a total of (53) unprotected skylights in varying sizes. • All transitions from roof to roof exceed 19” in stepover height requiring crossover ladders. • Exposed roof edges on north and south side of each roof area have parapets less than required 42” with potential for fall of greater than 4ft to lower level or ground. Recommendations: • Install new fixed access ladder on south side of Roof #2 or Roof #7 that meets California Code of Regulations Title 8 Section 3277. • Install 696Ft of non-penetrating Roofzone guardrail system to isolate unprotected skylights from HVAC units creating a safe path of travel across all roof areas. • Install (4) 36”x72” skylight screens on welding shop roof that can not be isolated with use of guardrails due to proximity of ventilation fans. • Install (6) crossover platforms for transitions from roof to roof along designated path of travel. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 274 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 42 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 275 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 43 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209, shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. WOODLAWN MAUSOLEUM – 1847 14th Street, Santa Monica DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 276 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 44 | Page Observation: • Access to roof gained from 19’-6” secured exterior fixed access ladder near north corner of building of lower roof #1 (see pg.44) with no parapet wall or existing guardrails. Membrane type roof. • Roof consists of (3) roof areas with different elevations with insufficient or no transition ladders or crossover ladders for transitions of 19” or greater. • 9’-6” access ladder from roof #1 to roof #2 in poor condition and has no guarding at top of ladder to prevent a worker from falling 4ft or more to lower roof level. • All (3) roof areas have potential for fall of greater than 4 feet to a lower level or ground with no existing guardrails or parapets less than required 42” • There is a total of (3) unprotected skylights and (8) unprotected stained-glass windows. • Curved surfaces on roof #1 pose fall hazard due to steep slopes and slippery surfaces with potential for serious fall of 4ft or more to lower level. Recommendations: • Although ladder is less than 20Ft in height, a ladder safety system is recommended due to high probability of serious injury from fall while ascending or descending ladder. • Install 680ft of non-penetrating Roofzone™ Guardrail at all exposed roof edges on roof #1, #2, #3 where there’s a potential for a fall to a lower level or ground greater than 4ft. Includes protection for (2) skylights on roof #1. • Install (1) 49”x92” skylight cover/screen on roof #2. • Install a total of 186Ft of non-slip Tuffstep™ stair system/walkway on roof #1 where there’s a potential for a slip/trip/fall to a lower level or uneven surface greater than 4ft. • Install self-closing safety gates at (3) fixed access ladders to protect worker falling to a lower level or ground. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 277 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 278 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 46 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209, shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. WOODLAWN MORTUARY – 1847 14th Street, Santa Monica DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 279 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 47 | Page Observation: • No existing permanent/fixed roof access ladder. Workers must use portable ladder which is not permitted per California Code of Regulations Section 3270. • Roof consists of (2) different flat roof areas (see pg.47) with membrane roof • Lower roof #1 has no parapet wall and upper roof #2 has parapet wall less than required 42” with potential for fall off either roof greater than 4ft to lower level or ground. • No permanent fixed ladder for transition from lower roof #1 to upper roof #2. • Trees in NW corner of lower roof #1 make cleaning at or near roof edge necessary. • (2) HVAC units protected on lower roof #1 are adequately guarded with mechanical screen with (1) upblast roof ventilator installed on west side of lower roof #1 within 6ft of unprotected roof edge. • Roof #2 has communications equipment and/or security camera installed within 6ft of unprotected north roof edge and what appears to be a skylight or other open hole in middle of upper roof.. • Trees in SE corner of upper roof #2 make cleaning at or near roof edge necessary. Recommendations: • Install (1) new fixed access ladders that comply with California Code of Regulations Title 8 Section 3277 with self-closing safety gate per Title 8 Section 3212 for access to lower roof from ground. • Install (1) new fixed access ladders that comply with California Code of Regulations Title 8 Section 3277 with self-closing safety gate per Title 8 Section 3212 for access to upper roof #2 from lower roof #1. • Install approx. 334Ft of non-penetrating Roofzone™ Guardrail system at all exposed roof edges on roof #1 and entire perimeter of upper roof #2. • Install (1) skyl ight cover/screen or guardrail around open hole/skylight on upper roof #2 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 280 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 48 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 281 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 49 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209, shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. PUBLIC SAFETY FACILITY – 1847 14th Street, Santa Monica DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 282 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 50 | Page Observation: • Access to lower main roof #1 gained from secured walk out door on south side of building. • Walkway/path of travel near access door is within 6ft of roof edge with vent stack that creates a tripping hazard. • Roof consists of (3) main roof areas (see pg.50) with varying elevations. All areas have flat membrane roof with exception of upper roof #3 that has low slope membrane roof and large glass atrium. • Workers must climb on equipment or use portable ladder to transition from lower main roof to upper roof area #2 which also provides access to upper roof #3 with atrium windows that require cleaning. • Roof #2 has no guard railing or parapet wall with potential for a fall of 4ft or more to lower level of roof #1. • Transition from roof #2 to roof #3 exceeds 19” and puts worker within 6ft of atrium windows. • Low sloped roof #3 has no guarding for cleaning of atrium glass roof. Recommendations: • Install 20Ft of non-penetrating Roofzone™ guardrail syst em at roof access door on south side of roof #1. • Install (2) fixed access ladders that comply with Section 3277 for transition to roof#2 from main roof #1 • Install 112Ft of non-penetrating Roofzone™ guardrail system at unprotected edges of roof #2 where there is a potential for fall of 4ft or more to lower level or ground. • Install self-closing safety gates at both access ladders to protect worker falling to a lower level. • Install 60Ft Roofsafe™ Fall Protection Rail system for fall restraint/fall arrest for workers to tie off too while cleaning atrium glass roof. • Install crossover ladder from roof #2 to roof #3 that provides safe access for workers to tie off too above recommended Roofsafe™ Fall Protection System. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 283 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 51 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 284 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 52 | Page Type of Roof Flat Low Slope High Slope Method of Access Stairs Exterior Fixed Ladder(s) Interior Fixed Ladder (Roof Hatch) Ship’s Ladder Portable Ladder Are ladders, stairs in good working order and in compliance with California Code of Regulations? Yes No Note: Per Title 8 Section 3270 portable ladders are not acceptable for use. Roofing Material Membrane (TPO, PVC) Bitumen Tar & Gravel Shingles Clay or Concrete Tile Metal (corrugated, standing seam) Reason for Accessing Roof HVAC Units Lighting Security Cameras Plumbing Electrical Solar Panels Drains/Scuppers Seasonal Maintenance Repairs Other__________________________________ Identified Hazards No parapet wall or guard railing Unprotected Roof Hatch Parapet wall or guard railing less than 42” Unprotected Skylights Changes in height (roof to roof) greater than 4ft Tripping Hazards Slippery Surfaces Transitions or step overs greater than 19” Path of travel less than 15Ft from unprotected roof edge Do any of the above reasons for access require work within 6ft of roof edge or other identified hazard? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209, shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. Do any of the above reasons for access require work within 15ft but not less than 6ft of roof edge or other identified hazard (open hole etc.)? Yes No If yes, is access to these areas required more than 4X per year Yes No If answer to both is yes, per California Code of Regulations Title 8, Section 3212, guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 15 feet of the edge of the roof. ARCADIA PLANT – 1228 South Bundy Drive, Santa Monica Lab/Maintenance Building & Control Room Building DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 285 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 53 | Page Observation: Lab/Maintenance Building • Access to roof gained from secured exterior fixed access ladder at the south west corner of lab building that does not meet California Code of Regulations Title 8 Section 3277 due to no crossover section at top of ladder. • Access ladder reaches lab roof with membrane roofing with 42” parapet walls. • (1) HVAC unit is installed in center of roof within 6ft of (4) unprotected skylights. • Transition from lab roof to maintenance building roof exceeds 19” step over height. • Maintenance Building roof has parapet walls less than 42” with (1) HVAC unit installed within 6ft of unprotected roof edge and (1) HVAC unit installed within 6ft of unprotected skylight. There are (6) unprotected skylights in total. Control Room Building • No existing fixed access ladder. Workers must use portable ladder to access roof for maintenance of HVAC units. • Roof is flat with membrane roofing with all roof edges unprotected by guardrails or 42” parapet walls. • (1) HVAC unit located within 6ft of unprotected roof edge and (2) HVAC units located within 15ft of unprotected roof edge Recommendations: • Install 364Ft of non-penetrating Roofzone™ Guardrail system around perimeter of maintenance building roof and control room roof. • Install (10) skylight covers/screens on lab/maintenance building roof. • Install (1) new fixed access ladder with crossover to replace existing non-compliant ladder currently installed on lab/maintenance building. • Install crossover ladder for transition from lab building to maintenance building. • Install (1) new fixed access ladder with self-closing safety gate on Control Building. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 286 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 54 | Page Roof Plan with Recommendations: DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 287 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 55 | Page ARCADIA PLANT FILTRATION TANKS – 1228 South Bundy Drive, Santa Monica Observation: • There are (6) tanks/vessels, 40Ft in length with overall height of approx. 16ft. with valves located on top. • Workers must routinely access the top of the tanks to adjust valves and check gauges using portable ladder. • Once workers are on top of tanks, they are exposed to a fall of 4ft or more with likelihood to cause serious injury and/or fatality. Recommendations: • Install 36Ft Tuffstep walkway with guardrails along top of each tank that provides access to each of the valves. • Walkway to be made accessible from ground by means of fixed ladder that meets California Code of Regulations Title 8 Section 3277. • Guardrail and access ladder shall be made removable in the event that any tank needs to be removed from site for major repair or servicing. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 288 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 56 | Page Tank Access Plan with Recommendations: Special attention must be taken while working at water tanks/vessels. If welding is needed, contractor must comply with all welding on steel requirements to avoid corrosion and any other damage to the tanks. Tanks/vessels are ASME pressure certified, all work at tanks/vessels must not jeopardize the tank's pressure rating. Oils and grease to be used for this project need to be food grade and the vessel will need to be disinfected at the end of the project. Work must be coordinated with staff 72 hrs prior to start of work. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 289 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 59 | P a g e ATTACHMENT L – FALL PROTECTION’S BASE BID - BID FORM SITE BASE AMOUNT UNFORESEEN CONDITIONS ALLOWANCE TOTAL BBB - ADMINISTRATION BLDG $2,500 BBB – MAINTENANCE FACILITY $2,500 BBB – LNG FUELING FACILITY $1,500 CITY HALL $10,000 LIBRARY - MONTANA $1,500 CY – WATER / WASTEWATER $2,500 CY – PLUBMING, SIGNS & MARKINGS, TRAFFIC SIG., METER SHOP, ROSIE’S G’S. $2,000 CY - WAREHOUSE $2,500 CY – PAINT, CARPENTRY, FACILITIES ADMIN $2,500 CY – OPERATIONS, ELECTRICAL, STREETLIGHTS, STREETS, STREETS ADMIN $2,500 CY – RRR OPERATIONS BLDG $1,000 CY – FLEET BLDG $3,000 PUBLIC SAFETY FACILITY $2,000 WOODLAWN CEMETERY MAUSOLEUM $5,000 WOODLAWN CEMETERY MORTUARY $1,500 ARCADIA PLANT – LAB/MAINTENANCE BLDG $2,000 ARCADIA PLANT – FILTRATION TANK $10,000 TOTAL $54,000 TOTAL BASE BID (in figures): $ _________________________ TOTAL BASE BID (in words): _______________________________________________________________ 1,511,050 One million and five hundred and eleven thousand and fifty. $ 60,220 $ 62,720 $ 89,990 $ 92,490 $ 49,040 $ 50,540 $ 139,190 $ 149,190 $ 46,490 $ 47,990 $ 95,810 $ 98,310 $ 81,280 $ 83,280 $ 107,100 $ 109,600 $$ $ 71,240 $ 73,740 $ 35,150 $ 36,150 $ 121,870 $ 124,870 $ 80,900 $ 82,900 $ 150,580 $ 155,580 $ 65,060 $ 66,560 $ 82,630 $ 84,630 $ 180,000 $ 190,000 $ 1,456,550 $ 1,511,050 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 290 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 60 | P a g e ATTACHMENT M – RFB – SCHEDULE RFB Calendar The following is a list of key proposed dates: Request for did issued ............................................................ November 24, 2020 Submission of inquiries ........................................ Prior to or by December 7, 2020 Bid due ................................................................................... December 17, 2020 Final candidate interviews (as applicable).….………....…December 28 & 29, 2020 Staff recommendation made to City Council for award of bid .......... March 9, 2021 Project Start ...................................................................... Second Quarter of 2021 Dates could change at the City’s discresion. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 291 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 61 | P a g e ATTACHMENT N – LIST OF EXISTING CONDITION VIDEOS All vides are located on the YouTube linke below. Image files are attached to this file (below). https://www.youtube.com/channel/UCJNLMOpJuPUhDugsB5IUPRA/videos SITE FILE NAME PERSON WHO REVIEWED SITE VIDEOS DATE OF VIDEO REVIEW BBB - ADMINISTRATION BLDG BBB-ADMIN.MOV BBB – MAINTENANCE FACILITY BBB-MAINTENANCE-MOV BBB – LNG FUELING FACILITY BBB-WASH-FUEL-1.JPG BBB-WASH-FUEL-2.JPG CITY HALL CITYHALL-1.MOV CITYHALL-2.MOV CITYHALL-3.MOV CITYHALL-4.MOV CITYHALL-5.MOV CITYHALL-6.MOV CITYHALL-7.MOV CITYHALL-8.MOV LIBRARY - MONTANA LIBRARYMONTANA-1.MOV LIBRARYMONTANA-2.MOV CY – WATER / WASTEWATER CY-WATER-1.MOV CY-WATER-2.MOV CY – PLUBMING, SIGNS & MARKINGS, TRAFFIC SIG., METER SHOP, ROSIE’S G’S. CY-PLUMBING-TO-ROSIES.MOV CY – WAREHOUSE, PAINT, CARPENTRY, FACILITIES ADMIN CY-WAREHOUSE-ETC.MOV CY – OPERATIONS, ELECTRICAL, STREETLIGHTS, STREETS, STREETS ADMIN CY-PW-OPERATIONS.MOV CY – RRR OPERATIONS BLDG CY-RRR-1.MOV CY-RRR-2.MOV CY – FLEET BLDG CY-FLLET-1.MOV CY-FLLET-2.MOV CY-FLLET-3.MOV CY-FLLET-4.MOV CY-FLLET-5.MOV Siamak Goosheh January 5, 2021 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 292 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 62 | P a g e PUBLIC SAFETY FACILITY PSF-1.MOV PSF-2.MOV PSF-3.MOV PSF-4.MOV PSF-5.MOV WOODLAWN CEMETERY MAUSOLEUM CEMETERY-1.MOV CEMETERY-2.MOV CEMETERY-3.MOV CEMETERY-4.MOV CEMETERY-5.MOV WOODLAWN CEMETERY MORTUARY CEMENTERY-6.MOV CEMENTERY-7.MOV ARCADIA PLANT – LAB/MAINTENANCE BLDG ARCADIALAB.JPG ARCADIA PLANT – FILTRATION TANK ARCADIAFILTRATION-1.MOV ARCADIAFILTRATION-1.MOV Siamak Goosheh January 5, 2021 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 293 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 63 | P a g e BBB-WASH-FUEL-1.JPG DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 294 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 64 | P a g e BBB-WASH-FUEL-2.JPG DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 295 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 65 | P a g e ARCADIALAB.JPG DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 296 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Attachment #1 Resumes DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 297 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Adefisayo Haastrup, C.E.T., PMP, MBA 6 Evanspark Manor NW Calgary, Alberta T3P 0J8 Phone: 403.903.7503 f.haastrup@gmail.com Page 1 of 1 Highlights & Qualifications • A highly driven and experienced Senior Construction Project Manager. • Proven experience leading and managing multiple projects across the US and Canada. • Principal responsibility for portfolio of over 230 construction projects at different phases of completion. • 13 years’ diversified experience in Engineering and Construction Management. • Proven experience on LEED/LBC projects and documentation. • Varied experience in multi-discipline project and construction management; heavy industrial & commercial construction; road construction; steel fabrication; oil & gas and maritime industries. • Proven ability in delivering project deliverables within the triple constraints of scope, time and cost whilst, adhering to required quality standards and highest professional conduct • Able to develop excellent relationships with consultants, subcontractors, and suppliers by providing continuous feedback and communication. • Ability to take initiative and work as a team player. • Creative thinking, adaptive to change and thrive in a fast-pace environment. • Effective at driving and pushing a project while maintaining healthy trade and professional relationships. • Proven experience in conducting projects through the full life cycle of Project Management from initiation, planning, execution, monitoring & controlling up until close-out. • Excellent Contract Management skills • Ability to apply basic engineering principles to construction challenges. • Thorough understanding of the Project Management processes, and systems. • Ability to read, understand and interpret technical drawings and specifications. • Identifier & influencer of factors that cause change on projects • Ability to proactively conduct financial health checks on projects through extensive use of analytical tools. Professional Experience Safeguard Industries 2017-Present Operations Manager Thermal Systems KWC Ltd. Project Manager Commercial Construction ENL Consortium Ltd. Project Manager Commercial/Civil Construction 2015-2017 2005-2015 Education and Professional Qualifications University of Lagos 2009-2011 MBA, Management Specialization Obafemi Awolowo University 1999-2005 B.Sc Civil Engineering Project Management Institute 2007-2020 Certified Project Management Professional (PMP) Canadian Construction Association 2016 Gold Seal Certificate in Construction Management Finance & Accounting Association of Science and Engineering Technology Professionals of Alberta 2016 Certified Engineering Technologist (C.E.T.) NEBOSH 2011 International General Certificate in Occupational Health & Safety DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 298 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Darcy Vanderham 780-934-0122 1940 79 Street SW, Edmonton, AB Darcyjvanderham@gmail.com Skills & Abilities A vast amount of experience in all aspects of the Fall Protection and Safety Industry including managing staff, completing all parts of the installations, developing appropriate quotes for clients, working with the Engineers to develop and install various rigid rail/flexible lifelines/anchor points and creating an open dialogue with clients to ensure they are provided with the best service and products to meet their needs. Extensive knowledge of the OHS manual and CSA standards as it pertains to fall protection and suspended platforms which ensures I am maintaining the safety rules and regulations for a variety of different worksites throughout Alberta and Canada. My strengths include working effectively with all types of clients, managing staff, overseeing a job from beginning to end, maintaining an exceptional work ethic and providing the best experience for my internal and external customers. Work History December 2019 – Present Installation Manager, Safeguard Industries • Provide management and supervision direction to Safeguard Installers in US and Canada • Provide ongoing technical support on site challenges and escalate to Safeguard Lead Engineer technical issues beyond your competency. • Review all general contract and subcontract documents, drawings, and specifications and to develop the on-site plans and procedures for the implementation of the work. • Prepare project specific safety documentation and ensure implementation across all projects with our field-based installers. • Conduct site surveys and threat assessments to onsite installation implementing preventive/corrective action as necessary. • Inspect construction work to meet quality expectations and verify to drawing plans/spec. Constantly check for quality and correct installations. • Handle all job labor relations, obtaining help when necessary from the Project Manager, Operations Manager, or appropriate labor relations representative. • Inspect all work completed, taking appropriate corrective standards, and calling for required inspections by proper authorities at the required stages. September 2006 – December 2019 Lead Installer, Gravisys Inc. Working as the head of the Installation department on a variety of projects with clientele from multiple industries, including heavy industrial work, DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 299 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 2 commercial buildings, theatrical projects, hospitals and residential buildings Managing jobs from beginning to end, developing plans at the initial phase of the project with the Engineers to provide the most user friendly and best solution for clients and closing out the job at completion. Managing an installation crew, completing inspection work, developing fall arrest solutions, review drawings/blueprints, working with a variety of tools Administrative duties including inspection reports, time sheets for staff, overseeing jobs of staff members and scheduling job timelines September 1998 – September 2006 Inside Sales Representative, Red-L Distributors Built relationships with buyers and utilized product knowledge to provide customer service and increase sales Processed and expedited orders with vendors and manufacturers Ordered, compiled and shipped literature and samples to existing and potential buyers Education NAIT – Edmonton, AB 2011 to 2013 – Ironworker Apprenticeship - Completed my Third year of the 4th year Ironworker Generalist Apprenticeship Program - In 2012, I was the recipient of the Alberta Ironworkers Apprenticeship and Training Plan Scholarship for Top Ironworker (Generalist 2nd Year) J. Percy Page High School – Edmonton, AB 1996 to 1998 - Obtained a High School Diploma Certifications Latchways Certified Installer Certification Kee Safety Certified Installer certification 3M Certified Installer Certification CSTS Elevated Work Platform Standard First Aid Level C End User Fall Protection High Angle Rescue Hilti Adhesive Anchor Training Swing stage Operation Course Work: OSHA 30 Principles of Health and Safety Management Prime Contractor DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 300 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 3 Alberta OHS Legislation Awareness OSHA 30 Career Highlight I had the opportunity to install a 750 foot overhead horizontal lifeline extending between two mountain peaks situated above the Fernie Alpine Ski Resort. This Lifeline is used to keep Avalanche Control Personnel safe while setting explosive charges on dangerous cornices which are not accessible by helicopter. I saw this specific job through its entirety from the initial concept drawing through to full support tower construction. This project brought together many industry leaders from multiple disciplines due to its unique application and remote location of the job. References Available upon request DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 301 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) D A V I D O Y A K H I L O M E Calgary, AB | (587) 583 – 0900 | daveoyaks@gmail.com WORK PROFILE Highly competent professional with over thirteen (13) years of experience in Commercial, Industrial, Institutional Healthcare and Residential developments in various aspects of Design, Estimation, Supervision, Construction and Project Management. Adapts well to change, able to handle multiple job responsibilities simultaneously while adhering to strict budget, deadlines and always demonstrates diplomacy and composure in an emotionally charged situation with thorough knowledge in the areas of contract, estimation, negotiations, design modifications, materials procurement, shop fabrications, installation and office/site management Proficient with the use of On-Screen take off, Salesforce, Sharepoint, Procore, Microsoft Outlook, Adobe PDF, AutoCAD, Microsoft Office, Excel, Powerpoint, Bluebeam, Microsoft Project, Revit Architecture and CorelDraw WORK EXPERIENCE S AFEGUARD INDUSTRIES INC. OCTOBER 2017 to PRESENT PROJECT COORDINATOR TO PROJECT MANAGER Initiation to completion of all Safeguard's projects in Canada & US while ensuring the Specs & Contract scope are reviewed and updated where necessary. Assigning project team and start up meetings with all stakeholders while overseeing strategic planning, monitoring and adapting as needed with the project team & clients Creates project plans and schedules while maintains project objectives and follow up updates from project team. Monitors shipping of products to vendors for installation, testing & certification while ensuring quality control checks are in place during installation. Identifying & resolving project issues and risks while collating reports from project team on project progress, offers viable solutions and opportunities as they arise. Progress billing during project stages and closeout billing on completion UNITED GROUP AUGUST 2015 to SEPTEMBER 2017 PROJECT CO-ORDINATOR/ACCOUNT MANAGER Estimating & Managing interior finishes on multiple Healthcare, commercial, industrial and residential projects from start to completion. Read, redefine and interpret construction and shop drawings and update Architect/Clients Perform site inspections, measurements, take-offs, estimation on projects to accommodate client RFQ, Create, Monitor and maintain project budget, clarify project scope & prepare project work packages for execution, LEED submissions, closeout documents and Operations & Maintenance manuals. Direct, manage and motivate employees to ensure productivity and quality of work Process invoices on task payments/job completion and follow up with payment request to clients BRUNEL ENGINEERING AND CONSULTING LTD. NOVEMBER 2004 to JULY 2015 PROJECT ARCHITECT TO PROJECT COORDINATOR TO PROJECT MANAGER Through effective planning & construction, managed the timely completion to budget of multiple design/building approval responsibilities, site preparation, and construction ranging from $3,000 to $115 million Trained the Project staff/Community Service Manager on turnover procedures, quality standards, and project-specific systems orientation required on multiple project site for effective management Scheduling, Budgeting, creation of Work breakdown packages, monitoring projects from inception to completion while updating project task to Superintendents and Project crew as per work breakdown packages. Vetting/collation of qualified competitive subcontractor bids prior to execution of contracts Coordinated project management activities, resources, equipment and information while Liaising with clients to identify and define requirements, scope and objectives. Created and maintained comprehensive project documentation, plans and reports PROFESSIONAL DEVELOPMENT, TRAINING, & EDUCATION 2016 TO PRESENT – PRESIDENT (NON-PROFIT – EAC Calgary, AB) 2017 - CERTIFICATE OF ACHIEVEMENT IN MICROSOFT EXCEL FOR CONSTRUCTION (ADVANCED) 2015 TO 2017 - CERTIFICATE OF APPRECIATION NCAC COMMUNITY VOLUNTEER 2012 - PRINCE 2 REGISTERED PRACTITIONER 2007 - ASSOCIATE MEMBER - NIA (Professional Architectural Association) 2004 - MASTER’S DEGREE IN ARCHITECTURE 2003 - BACHELOR’S DEGREE IN ARCHITECTURE DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 302 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Attachment #2 20% Liguidity was approved by William Clerk DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 303 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 1 Siamak Goosheh From:William Clerk <William.Clerk@SMGOV.NET> Sent:Thursday, January 14, 2021 12:52 PM To:Paul Betts Cc:Siamak Goosheh Subject:RE: IMPORTANT QUESTION FOR BID OF SP2643 Paul, If the bid bond is an important item and per your email it is approved. Regarding the 20% net worth in lieu of 50%, mark/note it on the bid so that we are aware. William Clerk Architectural Associate 2 Please confirm if this will be a problem or not. Thanks, Paul Attachment #A Bid Bond DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 306 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 307 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 308 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Attachment #B DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 309 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 24 | P a g e ATTACHMENT B – CONSTRUCTION PROJECTS IN PROGRESS Make copies of this attachment for each construction project in progress. List 5 construction projects, currently in progress, by the General Contractor that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: _________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Contract Completion Date:__________________ 2022 -0% 24 months 36 month N/A -2,956,437.00 Laura Kellet (+352) 3063-6862 Robins AFB, GA +(352) 3063-7258Katerina Tuckova NATO Fall Protection of Airplane Hangars Supply of Aircraft Fall Protection for C-130 Shelter - Robins AFB, GA (NATO) Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 310 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 24 | P a g e ATTACHMENT B – CONSTRUCTION PROJECTS IN PROGRESS Make copies of this attachment for each construction project in progress. List 5 construction projects, currently in progress, by the General Contractor that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: _________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Contract Completion Date:__________________ 2020 N/A0% - 200 - 77,689610,965.67 Ross Maag Neumann Smith Architecture (951) 541-3530 Southfield, Michigan (949) 430-2106Lucas Sever Jacobsen Construction Co. Inc Facade Access Equipment Beverly Center Facade Access - Los Angeles, CA Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 311 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 24 | P a g e ATTACHMENT B – CONSTRUCTION PROJECTS IN PROGRESS Make copies of this attachment for each construction project in progress. List 5 construction projects, currently in progress, by the General Contractor that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: _________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Contract Completion Date:__________________ 2019 N/A0% 1,825 (5 years)- -602,040.00 - - - (240) 876-5978Donnie Bussard, JR NAVAC MidLant (5) Year annual inspection and maintenance of Fall Protection Roof Trolley Systems Pentagon Roof Trolley System - Washington, DC Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 312 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 24 | P a g e ATTACHMENT B – CONSTRUCTION PROJECTS IN PROGRESS Make copies of this attachment for each construction project in progress. List 5 construction projects, currently in progress, by the General Contractor that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: _________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Contract Completion Date:__________________ Waiward Steel Fabricators Ltd - Edmonton - N/A0% - -$ 745,000 -- Edmonton, AB (780) 577-2113Felecia Barton Waiward Steel Fabricators Ltd - Edmonton Waiward Fabricators - Edmonton, AB Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 313 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Attachment #C DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 314 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 25 | P a g e ATTACHMENT C – COMPLETED CONSTRUCTION PROJECTS Make copies of this attachment for each construction project completed. List 5 construction projects completed by the General Contractor, within the past 5 years, that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: ________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Pending Contract Completion Date:__________________ 2020 N/A0% - 6 month - 1,16045,700 Loren Keith Aiton Taylor Teter Partnership 559-437-0887 Freso, CA (559) 908-0131Scott Tatman Naval Facilities Engineering Systems Command (NAVFAC) Supply and Install 455 linear feet of guardrail with Ladder and self-closing gates Lemoore Naval Air Station Bldg 932 PV & Thermal Heating Fall Protection - Lemoore, CA Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 315 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 25 | P a g e ATTACHMENT C – COMPLETED CONSTRUCTION PROJECTS Make copies of this attachment for each construction project completed. List 5 construction projects completed by the General Contractor, within the past 5 years, that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: ________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Pending Contract Completion Date:__________________ 2020 N/A0% - 90 days - -21,620.00 Brad Erwin PARAGON Architecture (417) 885-0002 Joplin, MO (417) 793-0024Adam Lilienkamp Mid-Land Enterprises Supply and Installation of 174 linear feet of free standing guardrails Employer Advantage - Joplin, MO 2019 Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 316 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 25 | P a g e ATTACHMENT C – COMPLETED CONSTRUCTION PROJECTS Make copies of this attachment for each construction project completed. List 5 construction projects completed by the General Contractor, within the past 5 years, that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: ________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Pending Contract Completion Date:__________________ 2018 N/A0% - 6 month 180 days - 2,600114,900 Safeguard Industries (480) 282-3218Kim Hicks Abbott Supply and Install 602 linear feet of Guardrails Guardrail Systems - Scottsdale, AZ 2018 Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 317 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 25 | P a g e ATTACHMENT C – COMPLETED CONSTRUCTION PROJECTS Make copies of this attachment for each construction project completed. List 5 construction projects completed by the General Contractor, within the past 5 years, that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: ________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Pending Contract Completion Date:__________________ 2017 N/A0% - 90 days - 17,500117,070 TRS Roof Servises Inc. (925) 356-7770 Concord, CA (415) 716-6410Mark Bledsoe Western Roofing Service Supply and Installation of Guardrail System Soda Hall CRP 14 and 17 Roof and Deck Replacement - Berkeley, CA Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 318 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 25 | P a g e ATTACHMENT C – COMPLETED CONSTRUCTION PROJECTS Make copies of this attachment for each construction project completed. List 5 construction projects completed by the General Contractor, within the past 5 years, that best exemplify the firm’s ability to successfully complete this project. Project Name and Location: Description (type of construction, levels, etc.): Owner (Entity and Location): Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone: Designer (Firm): Location: Contact Person: Phone: Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: ________________ (Calendar days) Approved Time Extension:_________________ (Calendar days) Total Contract Duration: ______________ (Calendar days) Prevailing Wages: ____ YES _____NO Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable: Pending Contract Completion Date:__________________ 2015 N/A0% - 120 - 12,535143,600 Miguel Belardo Safeguard Industries (912) 573-3625 (912) 573-4195Rick Gonzales Strategic Weapon Facility, Atlantic Kings Bay, GA Supply and Installation of 946 feet of Free Standing Guardrails N6470915T0103 - N-Procurement, delivery, and installation of Fall Protection Railing System - Kings Bay, GA Safeguard US Inc. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 319 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) EXHIBIT 3 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 320 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D5.E.dPacket Pg. 321Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D5.E.dPacket Pg. 322Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D5.E.dPacket Pg. 323Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D5.E.dPacket Pg. 324Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D5.E.dPacket Pg. 325Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D5.E.dPacket Pg. 326Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) EXHIBIT 4 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 327 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 56 | P a g e ATTACHMENT J – SCOPE OF WORK I N TRODUCTION The City of Santa Monica, (referred to hereafter as “the City”) is inviting bids from qualified persons or firms interested in “Fall Protection” design/build services. SUMMARY OF BID Provide design and installation of roof fall hazard protection per attached Attachment K, Roof Fall Hazard Risk Assessment. Fall protection equipment shall be installed with minimal penetration to existing structures. All building will be occupied and operational during the design and installation of the roof fall protection equipment. All bidders must provide an action plan and design approach for providing proper fall protection at all locations noted on Roof Fall Hazard Risk Assessment. Design and installation of roof fall protection equipment must comply with all applicable codes. Scope of Work The City of Santa Monica (referred to hereafter as “the City”) is seeking for a contractor/firm to provide design-built services for roof fall protection mitigation services in accordance with Attachment K, Roof Fall Hazard Risk Assessment. The fall protection equipment and bid shall include but not limit to: 1. Design and engineer the fall protection equipment. All drawings and calculations, as applicable, shall be stamped by an engineer license in the State of California. 2. The design shall accommodate minimal penetrations to the existing structure. All penetrations to existing structure must be properly sealed to avoid water intrusion into the structure. Advice the City prior to any roof penetrations. 3. All fall protection equipment shall be design and engineer per all applicable codes. 4. It is the contractor/firm’s responsibility to verify all on-site measurements. All measurements shown on Exhibit C, Roof Fall Hazard Ris-k Assessment, are for reference only. 5. Special attention shall be taken in landmarked buildings to minimize the visibility of the fall protection equipment. Coordination with City’s staff is required prior to desing and installation. 6. All equipment must be design and engineer to sustain environmental conditions. The City is a costal city, therefore, special attention to salt saturation in the environment must be taken into consideration. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 328 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Public Works | Bid Form | August 2020 57 | P a g e 7. Contractor/firm is responsible for all safety requirements during installation. 8. Staging areas will be provided and coordinated as needed. 9. It is the contractor responsibility for securing all construction/installation areas, material and equipment during and after on-site work. 10. Contractor’s staff parking is the responsibility of the contractor. 11. All buildings will be occupied during construction/installation of fall protection equipment. All on-site activities most be performed with minimal or no impact to the activities of City’s staff. 12. All on-site work shall be coordinated with the City a minimum of 72 hours in advance. 13. All work and equipment shall be warrantied for a minimum of 3 years after completion of installation. 14. Contractor/firm shall provide initial certification of fall protection equipment. 15. Contractor/firm shall provide initial training for City staff per OSHA standards. 16. Contractor/firm shall provide Action Plan and Schedule for the project. Action Plan and Schedule must be approved by City prior to implementation. Preliminary Action Plan and Schedule shall be part of bid. 17. The City is requesting proposer to include a $54,000 unforeseen conditions allowance. Please refer to chart below for description/distribution of the allowance. 18. Proposers shall include the chart below as part of their proposal documentation. Proposal shall include the lump sum amount per location described in the chart below. 19. The City holds the right to adjust and/or change the scope of work as necessary. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 329 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) EXHIBIT 5 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 330 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) _____________________________________________________________________________________________ Safeguard Industries 10447 50th St. SE. Calgary, AB T2C 3E3 World Headquarters 10500 48th St. SE Suite 200, Calgary AB T2C 2B8 Safeguard Engineering 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 Toll free (888) 936-0752 sales@safeguard-industries.com www.safeguard-industries.com Rate Sheet – June 2021 Field Installer (Iron Worker) = $85.62 p/h Engineer = $130.00 p/h Drafter = $80.00 p/h Project Manager = $110.00 p/h Additional Travel Cost is quoted on an as needed basis. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 331 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) EXHIBIT 6 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 332 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) ATTACHMENT E – PUBLIC WORKS INSURANCE REQUIREMENTS Minimum Insurance Requirements for Public Works Projects Insurance Requirements Contractor shall procure and maintain insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. I. Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate. Contractors providing services such as excavation, grading, and/or drilling or that involve environmental hazards will also possess: 5. Contractors’ Pollution Legal Liability. Insurance covering pollution conditions arising out of the actions performed by or on behalf of the Contractor with limits of no less than $1,000,000 per occurrence or claims/$2,000,000 policy aggregate. If the Contractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica. II. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 333 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as the combination of Insurance Services Office Forms: (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37. 2. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage at least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. 4. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors. III. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica. IV. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica. V. Claims Made Policies If a policy provides “claims made” coverage: 1. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work. 2. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work. 3. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Contractor must purchase “extended reporting” coverage for a minimum of 5 years after completion of work. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 334 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) VI. Verification of Coverage Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements. These documents must be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time. VII. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach. VIII. Subcontractors Contractor shall require and verify that all Subcontractors maintain insurance meeting the minimum requirements stated below: 1. All Subcontractors are required to possess insurance meeting the minimum scope and limits identified below: a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Subcontractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage. c. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. Subcontractors providing services such as excavation, grading, and/or drilling or that involve environmental hazards will also possess: d. Contractors’ Pollution Liability: Insurance covering pollution conditions arising out of actions performed by or on behalf of the Subcontractor, with limits no less than $1,000,000 each claim/$2,000,000 in the annual aggregate. If the Subcontractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage or higher limits maintained by the Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 335 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 2. All Subcontractors are required to comply with the insurance provisions established in Sections II through IV above. Effective 4/20/18 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 336 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) EXHIBIT 7 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 337 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 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 have ADDITIONAL INSURED provisions or 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 SUBR WVD ADDL INSD 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 ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If 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 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Insurance Services West, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Safeguard US Inc. 6335 North Hollywood Blvd., Suite 140 Las Vegas, NV 89115 City of Santa Monica 1685 Main St, Mail Stop 15 Santa Monica, CA 90401 04/28/2021 1-877-945-7378 1-888-467-2378 certificates@willis.com Great Northern Insurance Company 20303 Everest National Insurance Company Federal Insurance Company 10120 20281 Argonaut Insurance Company 19801 Texas Mutual Insurance Company 22945 W20755233 A 2,000,000 1,000,000 10,000XCU & Terrorism Included 2,000,000 2,000,000 2,000,000 9950-60-07 GAB 07/01/2020 07/01/2021 Deductible 15,000 B 1,000,000 07/01/202105/15/2020CF2CA00173-201 C 5,000,000 10,000 7818-96-14 07/01/2020 07/01/2021 5,000,000 WC92-861-849772-4D 1,000,000No04/01/2021 04/01/2022 1,000,000 1,000,000 E Workers Compensation - TX and Employers Liability Each Accident000203186004/01/2021 04/01/2022 Disease-Policy Limit Per Statute - TX Disease-Each Employee Umbrella follows form. 207468321030069SR ID:BATCH: 1,000,000 1,000,000 1,000,000 Willis Towers Watson Certificate Center Page 1 of 1DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 338 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 4/1/2021 4/1/2021 92-861-849772-4 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 339 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 92-861-849772-44/1/2021 4/1/2021 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 340 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 341 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 31 July 2020 TO WHOM IT MAY CONCERN Dear Sirs As Insurance Brokers to Safety Topco Limited (DBA Kee Safety Group) and their subsidiar y companies which includes the undernoted subsidiary compani es domiciled in the United States of America: Subsidiaries of Kee Safety;- Easy Fit, Inc and Kee Safety Inc of 100 Stradtman Street, Buffalo, New York. 14206 Simplied Safety Inc 803 West Avenue, Rochester, New York, 14611 LNA Solutions Inc of 3924A Varsity Drive, Ann Arbor, MI, 48108 SESCO LLC 1215 S. 41st Street, Manitowoc, WIM 54220 Lighthouse Safety LLC of 3620 North 126th Street, Brookfield, WI, 53005 Lighthouse Safety LLC of 3540 North Street, Brookfield, WI, 68707 Flexible Lifeline Systems Inc of 2437 Peyton Road, Houston, Texas, 77032 Safeguard US Inc of 6335 N Hollywood Boulevard, Suite 140, Las Vegas, NV89115 We are writing to confirm that our clients hold the following policies: Multinational Master Liability policy Insurer Chubb European Group SE Policy Number UKPKNC74454 Period 01 July 2020 to 30 June 2021 both days inclusive Limits of Indemnity DIC/ DIL Coverage Public & Products Liability USD 17,500,000 any one occurrence in respect of Public Liability and in the aggregate for Products Liability This polic y acts as a Master Policy and provides Difference in Conditions and Difference in Limits cover for policies issued locally overseas under this programme including General Liability policy number 99506007 issued in the United States of America by Federal Insurance Company, Excess General Liability policy number 78189614 issued by Federal Insurance Company and Umbrella Liability policy number G46656647 issued by Chubb Insurance. Difference in Conditions W here a claim is made under a Local Policy as defined in Definition 8 of this Section and is rejected as not being within its policy terms and conditions then this Section will operate to provide an indemnity but only to the extent that the Company would have accepted the claim had it been made under this Section provided however that the Company shall not be liable to pay the am ount of any deductible that would have applied under such Local Polic y. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 342 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) It is a condition pr ecedent to any liability of the Com pany under this Policy that the Local Policies shall be maintained in full (other than in respect of the erosion of any aggregate Limits of Liability) and that any warranties contained therein shall be com plied with. Difference in Limits In the event that a claim is payable under a Local Policy as defined in Definition 8 of this Section and the total amount of the claim exceeds the limit of liability thereunder this Section will provide an indemnity up to the difference between the limit of liability payable under such Local Policy and the corresponding limit for this Section stated in the Schedule under Limit of Liability. It is hereby understood and agreed that the terms, definitions, exclusions and conditions contained in or endorsed onto this Section shall be those used to determine the Company’s liability under this Difference in Limits Multinational C ondition. Indemnity to Principals/ Additional Insureds Additional Insureds named under any local policy issued in conjunction with the Master Polic y through an Indem nity to Principals clause as follows:- Indemnity to Principals and Others The Company will also indemnify in the terms of this Section a) in the event of the death of the Insured his/her legal personal representative in respect of liability incurred by the insured b) any principal with whom the Insured has entered into an agr eement to the extent required by such agreement but only in respect of liability for which the Insured would have been entitled to indem nity under this Policy if the claim had been made against the Insured This letter is provided as a courtesy to our client as a matter of information only and confers no rights on the holder. Our duties in relation to this insurance are to our client and we accept no duty of care or responsibility to you or any other third party and any liability to you or any third party is excluded. This letter does not amend, extend or alter the coverage afforded by the policies, nor does it purport to set out all of the policies’ terms, conditions and exclusions. The policy terms, conditions, limits and exclusions may alter after the date of this document or the insurance may terminate or be cancelled, and the limits shown may be reduced by paid claims. We have no obligation to advise you of any changes which may be made to the policies or to advise you of their cancellation or termination. Signed on behalf of WILLIS LIMITED Andy Chapman ACII Account Director Authorised Signatory DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 343 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Willis Limited Building 1410 Arlington Business Park Theale Reading RG7 4SA D +44 (0) 118 949 8055 E andy.chapman@willistowerswatson.com W willistowerswatson.com Willis Limited, Registered number: 181116 England and Wales. Registered address: 51 Lime Street, London, EC3M 7DQ. A Lloyd’s Broker. Authorised and regulated by the Financial Conduct Authority DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 344 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) COMMERCIAL AUTO ECA 02 505 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECA 02 505 04 14 Copyright, Everest Reinsurance Company, 2014 Includes copyrighted material of Insurance Services Office, Inc., used with its permission Page 1 of 1 NOTICE OF CANCELLATION BY US TO THIRD PARTY – BLANKET This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Schedule ___30____days before the effective date of cancellation by us we will mail or deliver notice to any additional insured or “certificate holder” under this Coverage Part: The following Condition is added to the policy: Notice of Cancellation By Us To Third Party 1.If we cancel this policy for any reason other than non-payment of premium, notice of cancellation of not less than the number of days shown in the Schedule will be mailed or delivered to any third party identified in the list you have provided to us as described below. 2. We will mail or deliver our notice to the third party at the address shown in the list you have provided to us. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. We will not notify the third party if cancellation is at your request. 5. We will not notify the third party in the event of non-renewal. 6. We will not notify the third party if cancellation is due to non-payment of premium. 7. We will not notify any third party not contained on the list you have provided to us. 8. Our failure to notify the third party does not invalidate cancellation as respects you. You agree that as a condition precedent for us providing such notice, you will: a. Provide us with a complete list of each additional insured or “certificate” holder, including appropriate designees and complete mailing addresses; b. Provide the list to us no less than 7 days from the date we request it; and c. Notify us of any changes to the list within 5 business days of such change. For the purpose of this endorsement, “certificate” shall mean a certificate of insurance issued as evidence of this insurance. DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 345 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 346 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 347 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 348 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) EXHIBIT 8 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 349 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 5/26/2021 Fenner & Esler 467 Kinderkamack Road P. O. Box 60 Oradell NJ 07649-0060 Kevin Esler (201)262-1200 (201)262-7810 certs@fenner-esler.com D.H. Charles Engineering, Inc. 4706 Hoen Avenue Santa Rosa CA 95405-7879 Lexington Insurance Company 19437 Maaster 21-22 A PROFESSIONAL LIABILITY 027015060 6/1/2021 6/1/2022 PER CLAIM LIMIT $5,000,000 Retro Active Date: 12/01/1996 Per Claim Deductible $25k AGGREGATE LIMIT $5,000,000 EVIDENCE OF COVERAGE Kevin Esler/JEAN The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 350 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) EXHIBIT 9 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 351 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 352 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 353 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) EXHIBIT 10 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 354 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) City Council Report City Council Meeting: April 13, 2021 Agenda Item: 3.A 1 of 4 To: Mayor and City Council From: Rick Valte, Acting Public Works Director, Public Works, Architecture Services Subject: Award Bid #SP2643 to Safeguard US Inc. to provide design/build services for fall protection equipment at several City facilities Recommended Action Staff recommends that the City Council: 1. Award Bid #SP2643 to Safeguard US Inc. for the Fall Protection Project for the Risk Management Division; 2. Authorize the City Manager to negotiate and execute a contract with Safeguard US Inc., in an amount not to exceed $1,631,934 (including an 8% contingency); 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. Summary The City of Santa Monica strives to provide safe and inviting areas to visit, work and relax at the City. In 2018, a consultant for the City’s Risk Management Division completed a roof fall hazard risk assessment for 16 City-owned facilities (Attachment A). Fall protection hazards, per Cal-OSHA standards, were identified at City Hall, Public Safety Facility, Montana Branch Library, Big Blue Bus facilities, Woodlawn Cemetery, Arcadia Water Treatment Plant, and City Yards. On November 24, 2020, staff issued Request for Bids (RFB) SP #2643 for a design/build contractor to address fall hazard locations at the facilities noted in the assessment. Staff recommends awarding SP #2643 to Safeguard US Inc. in the amount of $1,631,934, including $120,884 in contingency. The Fall Protection Project would remedy unsafe working conditions for City staff and prevent potential injuries related to trip and fall hazards. Discussion Facilities owned by the City of Santa Monica range from new construction to historic buildings. The California Division of Occupational Safety and Health (Cal-OSHA) fall protection requirements for new and existing structures is revised periodically. Some of DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 355 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 2 of 4 the structures owned by the City do not meet current Cal-OSHA standards. In 2017, Risk Management noted that some City-owned facilities require safety improvements to align with Cal-OSHA regulations. Subsequently, Risk Management directed the City’s safety training consultant, Global Health Environment Inc., to perform a survey of several high-risk locations. The Interim Rooftop Fall Protection Policy was developed to identify areas that should not be traversed or serviced until appropriate fall protection safety measures are implemented. Multiple City-owned facilities need retrofits to meet Cal-OSHA fall protection standards, ensure safe work areas for City staff, and reduce the City’s legal exposure to potential fall incidents at the noted facilities. The areas that do not meet current Cal-OSHA standards are used by the City’s maintenance staff and are not accessible to the public. Special precaution has been taken into consideration whenever working at or around these noncompliant areas. As a property owner, the City is responsible to update its facilities and meet building code requirements. The City Council approved the Fall Protection Project with the FY 2020- 22 Adopted Capital Improvement Program Biennial Budget to retrofit multiple City- owned facilities and comply with Cal-OSHA fall protection standards. Vendor Selection Bidder Recommendation Best Bidder Safeguard US Inc. Evaluation Criteria Price; the quality of the product; the ability to deliver; capacity and skill of the bidder to perform or provide the materials or services; and compliance with City specifications. Municipal Code SMMC 2.24.180 Bid Data Date Posted Posted On Advertise In (City Charter & SMMC) Vendors Downloaded Date Publicly Opened 11/24/2020 City's Online Bidding Site Santa Monica Daily Press 29 01/14/2021 Best Bidder Justification On January 26-28, 2021, the three bidders were invited to present their bid proposals Submittals Received Ground Level Construction $1,798,674 Tractel Ltd. $964,411 Safeguard US Inc. $1,511,050 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 356 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 3 of 4 and solutions for the current conditions of the locations listed in the fall protection assessment. The lowest bidder, Tractel, is a qualified company but lacks the proper contractor license that the City stated as a requirement in the RFB. Safeguard US Inc., a company based in Nevada with general contractor license in the State of California, was determined to be the best responsive bidder. Safeguard US Inc. meets all City’s requirements. They offer extensive experience, a successful track record, stability, similar references to the proposed scope of work, and reasonable pricing. On February 16, 2021, Tractel Ltd. submitted a bid protest alleging, among other things, that Tractel is the lowest responsive and responsible bidder. However, Tractel does not possess the required contractor license for this project as noted in the RFB. In accordance with the appeals procedure set forth in the Notice Inviting Bids, the Acting Public Works Director evaluated the bid protest and issued a final determination recommending Safeguard US Inc. as the best bidder. Copies of the bid protest and the Acting Public Work Director’s Bid Protest Determination letter are available in Attachments B and C, respectively. Financial Impacts and Budget Actions Staff seeks authority to approve available CIP funds from the Cemetery Fund, General Fund, Water Resources Fund, and Big Blue Bus Fund to award a contract with Safeguard US Inc. for the design, procurement, and installation of fall protection safety equipment. Contract Request FY 2020-21Budget Request Amount CIP Account # Total Contract Amount $150,000 C5907940.689000 $150,000 $750,934 C0107940.689000 $750,934 $425,000 C5007940.689000 $425,000 $306,000 C6007940.689000 $306,000 TOTAL: $1,631,934 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 357 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) 4 of 4 Prepared By: William Clerk, Architectural Associate Approved Forwarded to Council Attachments: A. Roof Assessment Phase 1 B. Tractel Bid Protest Letter C. Bid Protest Determination D. Safeguard-OaksForm DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5.E.d Packet Pg. 358 Attachment: 0001 - Safeguard Original Agreement (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services)