Agenda packet — Santa Monica City Council, July 18, 2023 (part 1 of 3)

City of Santa Monica
City Council Meeting
AGENDA

GLEAM DAVIS
MAYOR

PHIL BROCK LANA NEGRETE

COUNCILMEMBER MAYOR PRO TEM

CHRISTINE PARRA CAROLINE TOROSIS

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK OSCAR DE LA TORRE

COUNCILMEMBER COUNCILMEMBER

DAVID WHITE

CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY

DENISE ANDERSON-WARREN

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 7/14/2023 1:54 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11494(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 15-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.

Both the donor of time and the designated speaker must register at the Speaker Kiosk in person together.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. General Public Input
(members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City).

2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).

3. Closed Session.

4. Special Agenda Items (City Manager’s Report,
Presentations, etc.).

5. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

10. Ordinances:
• 1
st Reading
• 2
nd Reading

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

15. Written Communications (other than
Reports of Commission and Officers).

16. Councilmember Discussion Items.

Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 7/14/2023 1:54 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JULY 18, 2023
MEETING BEGINS AT 5:30 PM
HOW TO PROVIDE WRITTEN PUBLIC COMMENT:

Written public comment can be submitted via email to [email protected].

Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

1. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA

ITEMS, CONSENT CALENDAR ONLY)

3. CLOSED SESSIONS

3.A. Conference with Legal Counsel – Existing Litigation – Gov. Code Section 54956.9(d)(1): Hillcrest Country Club v. County of Los Angeles et al; LASC Case No. 23STCV03479 - New Item Received. 7/13/2023

3.B. Conference with Legal Counsel – Existing Litigation, Deciding Whether to Participate as an Amicus – Gov. Code Section 54956.9(d)(1); L.W. et al., by and through her parents and next friends, Samantha Williams and Brian Williams v. Jonathan Skrmetti et al., Case No. 3:23-cv-00376, United States District Court, M.D. Tennessee - New Item Received. 7/13/2023
City of Santa Monica Generated: 7/14/2023 1:54 PM Page 4

3.C. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties: 1636 5th Street, Santa Monica California (Parking Lot 29) (APNs 4290-011-903, 4290-011-904, 4290-011-905), 1636 5th Street, Santa Monica, California (Apple Building) (APN 4290-011-906), Expo Terminus Line Parking Lot, Santa Monica, California (APNs 4290-011-909, 4290-011-902, & 4290-011-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Frank B. Chang, Vice President of Acquisitions, AMCAL Multi-Housing, Inc.; Under negotiation: Price and Terms of Payment for Sale - New Item Received. 7/13/2023

3.D. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties: 1636 5th Street, Santa Monica California (Parking Lot 29) (APNs 4290-011-903, 4290-011-904, 4290-011-905), 1636 5th Street, Santa Monica, California (Apple Building) (APN 4290-011-906), Expo Terminus Line Parking Lot, Santa Monica, California (APNs 4290-011-909, 4290-011-902, & 4290-011-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Aaron Sorochinsky, AVP, Investments, Cypress Equity; Under negotiation: Price and Terms of Payment for Sale - New Item Received. 7/13/2023

3.E. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang; Owner of Record: City of Santa Monica; Persons to be negotiated with: Cary Upton, Chief Operations Officer, Santa Monica Malibu Unified School District; Under negotiation: Price and Terms of Payment for Sale - New Item Received. 7/13/2023

3.F. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Jesus Hernandez, Director of Housing Development, Community Corporation of Santa Monica; Under negotiation: Price and Terms of Payment for Sale - New Item Received. 7/13/2023
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3.G. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officers Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Local 1785; STASupervisory Team Associates; Coalition of Santa Monica City Employees; Unrepresented Employees: Confidential Unrepresented Employees (CUE) Pay Plan: Assistant City Treasurer, Assistant Director-Finance, Assistant Human Resources Director, Budget Manager, Executive Administrative AssistantHuman Resources, Human Resources Analyst, Human Resources Information Systems Analyst, Human Resources Manager, and Senior Human Resources Analyst; Executive Pay Plan (EPP) Unrepresented Participants: City Manager, Assistant City Manager, Deputy City Manager, Assistant to City Manager, City Clerk, City Attorney, Assistant City Attorney, Rent Control Administrator, Police Chief, Fire Chief, Director of Community Development, Director of Community Services, Director of Transportation, Director of Finance, Director of Human Resources, Director of Information Services, Director of Library Services, and Director of Public Works
The following is the order of business for items to be heard no earlier than 7:00 p.m.

4. SPECIAL AGENDA ITEMS

4.A. City Manager's Report

5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)

5.A. Award Construction Contract for Street Lighting Modernization Program - Package 3 and Authorize a Modification for Design and Construction Support Services
Recommended Action
Staff recommends that the City Council:

1. Adopt of finding of Categorical Exemptions pursuant to Section 15302 and Section 15303 of the California Environmental Quality Act (CEQA) Guidelines.

2. Award Bid #SP2598 to International Line Builders, Inc. dba ILB Electric, a California-based company, for construction services for the Street Lighting City of Santa Monica Generated: 7/14/2023 1:54 PM Page 6 Modernization Program – Package 3 Project for the Public Works Department.

3. Authorize the City Manager to negotiate and execute a contract with International Line Builders, Inc. dba ILB Electric in an amount not to exceed $1,793,464, including a 10% contingency.

4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.

5. Authorize the City Manager to negotiate and execute a second modification to professional service agreement #9337 (CCS) in the amount of $206,000 with Willdan Engineering for design and construction support services for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $635,000, with future year funding contingent on Council budget approval.

5.B. Approval of 2022 Grant Acceptance for State Homeland Security Program (SHSP)
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept a grant awarded in the amount of $185,000 from the Federal Emergency Management Agency for the 2022 State Homeland Security Grant Program to the Fire Department, and to accept all grant renewals.

2. Authorize the City Manager to execute all necessary documents to accept the grant, all grant renewals, and modifications.

3. Authorize the City Manager to negotiate and execute a first modification to Contractual Services Agreement #11339 in the amount of $185,000 with Fire Resources LLC, a California-based company, for Regional Training Officer services on behalf of the Los Angeles Area Fire Chiefs’ Association. This will result in a three-year amended agreement with a new total amount not to exceed $555,000.

4. Adopt a finding of categorical exemption pursuant to Section 15322 of the California Environmental Quality Act (CEQA) Guidelines.

5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

5.C. Award RFP No. 363 and enter into Agreement with TeamCivX to provide strategic advisory and communication services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Award RFP 363 to TeamCivX, LLC, to provide strategic advisory and communication services regarding potential ballot measures for the Finance Department.

3. Authorize the City Manager to negotiate and execute a professional services agreement with TeamCivX, LLC, a California Corporation, in an amount not to City of Santa Monica Generated: 7/14/2023 1:54 PM Page 7 exceed $400,000 for a five-year period, with future year funding contingent on Council budget approval.

5.D. Award RFP to Geoscience Support Services, Inc. for On-Call Hydrogeological Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines.

2. Award RFP# 345 to Geoscience Support Services, Inc., for on-call hydrogeological services for the Public Works Department.

3. Authorize the City Manager to negotiate and execute an agreement with Geoscience Support Services, Inc., in an amount not to exceed $1,402,000 over a five-year period, with future year funding contingent on Council budget approval.

5.E. 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.

5.F. Authorization to Convert the Caliber of Patrol Rifles used by the Santa Monica Police Department from 5.56 NATO to .300 Advanced Armament Corporation (AAC)
Recommended Action
Staff recommends the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines.

2. Authorize the Chief of Police to convert the caliber rounds of the patrol rifles used by the Santa Monica Police Department from 5.56 NATO to .300 Advanced Armament Corporation (AAC).

5.G. Authorization to Accept FEMA Assistance to Firefighters Grant (AFG) and authorize purchase of automated chest compression devices City of Santa Monica Generated: 7/14/2023 1:54 PM Page 8 Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept a grant awarded in the amount of $101,818.18 from the Federal Emergency Management Agency Assistance to Firefighters Grant (AFG) to partially cover the purchase of four automated chest compression devices for the Fire Department.

2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals.

3. Authorize the Procurement Manager to issue a purchase order with Stryker Corporation for the purchase of automated chest compression devices for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $143,074 with future year funding contingent on Council budget approval.

4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

5. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

5.H. Approval of Fifth Contract Modification with Gafcon for Citywide State and Federal labor compliance and certified payroll monitoring Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a fifth modification to agreement #10435 in the amount of $210,000 with Gafcon, Inc. to provide citywide State and Federal labor compliance and certified payroll monitoring on an as-needed basis, for an additional seven-month period. This will result in a seven years and seven months amended agreement with a new total amount not to exceed $1,710,000, with future year funding contingent on Council budget approval; and

2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines

5.I. City Council - Special Meeting - May 24, 2023 6:00 PM

5.J. City Council - Adjourned Regular Meeting - May 24, 2023 7:00 PM

5.K. Approval of Sixth Modification to the Construction Contract with Hathaway Dinwiddie for the City Yards Modernization Project - New Item Received. 7/13/2023
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the Microgrid and Water Resources Tenant Improvements were analyzed as part of the City Yards Master Plan Environmental Impact Report (EIR) and Addendum, and no further review is required pursuant to the California Environmental Quality Act (CEQA).

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2. Authorize the City Manager to negotiate and execute a sixth modification to Design-Build Contract #10371 (CCS) using mainly grant funds in the amount of $11,400,000 with Hathaway Dinwiddie Construction Company for design and construction services of the Microgrid and Water Resources Tenant Improvements as part of the City Yards Modernization – Package A Project for the Public Works Department. This would result in a five-year amended agreement with a new total amount not to exceed $98,673,039, 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.

5.L. Authorize the City Manager to negotiate and execute a fifth modification to Contract No. 10684 (CCS) with West Coast Care Foundation in the amount of $150,000 for homeless outreach services - New Item Received. 7/13/2023 Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a fifth modification to Contract No. 10684 (CCS) in the amount of $150,000 with West Coast Care Foundation for homeless outreach services. This will result in a six-year amended contract with a new total amount not to exceed $1,300,000; and

2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.

7. STUDY SESSION

7.A. Receive Update and Take Action to Advance Racial Justice, Equity, and Social Diversity - New Item Received. 7/13/2023
Recommended Action
Staff recommends that the City Council review and comment on the FY 2023-24 Equity Plan for the Diversity, Equity and Inclusion (DEI) team in the City Manager’s Office and direct staff to proceed with the implementation of the plan.

8. CONTINUED ITEMS

8.A. Annual Appointments to the following Boards and Commissions. Continued from 6/27/2023. - New Item Received. 7/13/2023
Board/Commission No. of
Seats
Term
End
Date
Special Requirements
Airport Commission 2 6/30/2 Reside in the City.

City of Santa Monica Generated: 7/14/2023 1:54 PM Page 10 027
Architectural Review
Board
1 6/30/2
027
Arts Commission 3 6/30/2
027
Reside or work in the City.

Commission on
Sustainability,
Environmental Justice
and the Environment
2 6/30/2
027
Reside or work in the City.

Disabilities Commission 1 6/30/2
027
Reside in the City.

Housing Commission 2 6/30/2
025
Two must be affordable
housing program participant
where one is 62-years or
older and the other is
unhoused or formerly
unhoused.

Human Services
Commission
2 6/30/2
027
Reside in the City.

Personnel Board 1 6/30/2
027
Reside in Santa Monica or
LA County that is employed
within the City, own
property or hold business
licenses in the City
Planning Commission 3 6/30/2
027
Reside in the City.

Public Safety Reform and
Oversight Commission
3 6/30/2
027
At least one shall be
between 18-22 years.

Recreation and Parks
Commission
1 6/30/2
027
Reside in the City.

Santa Monica Library
Board
1 6/30/2
027
Reside in the City.

Urban Forest Task Force 2 6/30/2
025
Must be current or past
certified arborist. All must
reside, work or hold
business licenses in the
City

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
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10.A. Introduction and First Reading of an Ordinance Amending the Text of the Zoning Ordinance to Provide Incentives for Certain Housing Projects That Filed an Application Prior to Implementation of the City’s 6th Cycle (2021-2029) Housing Element - Item Pulled at the Request of Staff. 7/12/2023 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that no subsequent environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines Section15162 based on a determination that the adoption of development incentives as set forth in the proposed ordinance amending the Zoning Ordinance was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 2020100575] that was certified by the City Council on October 12, 2021 with an Addendum to the EIR approved by the City Council on October 11, 2022.

2. Introduce for first reading an Ordinance amending the text of the Zoning Ordinance to provide incentives for certain housing projects that filed an application prior to implementation of the City’s 6th Cycle (2021-2029) Housing Element.

10.B. Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code 7.18.040 for Well Prohibition in the City Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemptions pursuant to Section 15061 (b)(3) and Section 15308 of the CEQA Guidelines.

2. Introduce the first reading of the attached ordinance to amend Santa Monica Municipal Code 7.18.040 for well prohibition in the City of Santa Monica.

11. STAFF ADMINISTRATIVE ITEMS

11.A. Approval of the City of Santa Monica Legislative Platform for Fiscal Years 2023-2025 - New Item Received. 7/13/2023
Recommended Action
Staff recommends that the City Council:

1. Approve the attached 2023 State and Federal Legislative Agendas, which detail both the City’s historic legislative priorities and emerging concerns, aligned with the Council’s adopted community and budget priorities for FY 2023-2025;

2. Provide feedback to inform City staff’s competitive procurement process for new State and Federal representative and lobbying service to be undertaken in fall 2023; and

3. Authorize the City Manager to negotiate and execute a first modification to agreement #10693 in the amount of $25,000 with Shaw Yoder Antwih Schmelzer & Lange for state legislative advocacy services for the City Manager's Office. This will result in a five-year agreement with a new total amount not to exceed $273,021.

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4. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

12. PUBLIC HEARINGS

12.A. Public Hearing and Adoption of Resolution Approving the California Enterprise Development Authority (CEDA) to Issue Revenue Obligations for New Roads School
Recommended Action
Staff recommends that the City Council:

1. Hold a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended;

2. Adopt a resolution approving the issuance of California Enterprise Development Authority Revenue Obligations (the “Obligations”) in an amount not-to-exceed $25,000,000 for the benefit of New Roads School, a California nonprofit public benefit corporation, or a related or successor entity (the “Borrower”); and

3. Adopt a finding of no possibility of significant impact pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to two annual Councilmember vacancies on the Audit Subcommittee for a term ending June 30, 2027. - New Item Received. 7/13/2023

16.B. Request of Councilmember Zwick, Mayor Davis, and Councilmember Torosis that the City Council direct the City Manager to present to council on an electric bike point-of-sale subsidy program for low- and moderate-income Santa Monica residents utilizing anticipated funding from the Department of Energy’s Energy Efficiency and Conservation Block Grant program (EECBG).

The presentation should include staff recommendations for income qualification thresholds, level of subsidy, and total number of vouchers offered, as well as a timeline for implementation. - New Item Received. 7/13/2023

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to City of Santa Monica Generated: 7/14/2023 1:54 PM Page 13 [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.

City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 3.C
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties: 1636 5th Street, Santa Monica California (Parking Lot 29) (APNs 4290-011-903, 4290-011-904, 4290-011-905), 1636 5th Street, Santa Monica, California (Apple Building) (APN 4290-011-906), Expo Terminus Line Parking Lot, Santa Monica, California (APNs 4290-011- 909, 4290-011-902, & 4290-011-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Frank B. Chang, Vice President of Acquisitions, AMCAL Multi-Housing, Inc.; Under negotiation: Price and Terms of Payment for Sale Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council

3.C
Packet Pg. 14
City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 3.D
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties: 1636 5th Street, Santa Monica California (Parking Lot 29) (APNs 4290-011-903, 4290-011-904, 4290-011-905), 1636 5th Street, Santa Monica, California (Apple Building) (APN 4290-011-906), Expo Terminus Line Parking Lot, Santa Monica, California (APNs 4290-011- 909, 4290-011-902, & 4290-011-901); City Negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Senior Development Analyst; Owner of Record: City of Santa Monica; Persons to be negotiated with: Aaron Sorochinsky, AVP, Investments, Cypress Equity; Under negotiation: Price and Terms of Payment for Sale
Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council

3.D
Packet Pg. 15
City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 3.G
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officers Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Local 1785; STASupervisory Team Associates; Coalition of Santa Monica City Employees; Unrepresented Employees: Confidential Unrepresented Employees (CUE) Pay Plan: Assistant City Treasurer, Assistant Director-Finance, Assistant Human Resources Director, Budget Manager, Executive Administrative Assistant-Human Resources, Human Resources Analyst, Human Resources Information Systems Analyst, Human Resources Manager, and Senior Human Resources Analyst; Executive Pay Plan (EPP) Unrepresented Participants: City Manager, Assistant City Manager, Deputy City Manager, Assistant to City Manager, City Clerk, City Attorney, Assistant City Attorney, Rent Control Administrator, Police Chief, Fire Chief, Director of Community Development, Director of Community Services, Director of Transportation, Director of Finance, Director of Human Resources, Director of Information Services, Director of Library Services, and Director of Public Works Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council

3.G
Packet Pg. 16
City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: City Manager's Report
Prepared By: Sergio Ramirez, Acting Chief of Staff
Approved Forwarded to Council

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City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 5.A
1 of 8
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award Construction Contract for Street Lighting Modernization Program - Package 3 and Authorize a Modification for Design and Construction Support Services
Recommended Action
Staff recommends that the City Council:

1. Adopt of finding of Categorical Exemptions pursuant to Section 15302 and Section 15303 of the California Environmental Quality Act (CEQA) Guidelines.

2. Award Bid #SP2598 to International Line Builders, Inc. dba ILB Electric, a California-based company, for construction services for the Street Lighting Modernization Program – Package 3 Project for the Public Works Department.

3. Authorize the City Manager to negotiate and execute a contract with International Line Builders, Inc. dba ILB Electric in an amount not to exceed $1,793,464, including a 10% contingency.

4. 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 Street Lighting Modernization Program – Package 3 Project (Project) would convert deteriorated high-voltage series street lighting circuits to modern, 120-volt multiple circuits and install energy-efficient LED luminaires on various streets in the Pico and Sunset Park neighborhoods. These replacements would reduce the City’s energy use and result in subsequent savings for the City. The project would

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also install two electric vehicle charging stations at Joslyn Park and one curbside electric vehicle charging station adjacent to 620 Idaho Avenue as part of the implementation of the Electric Vehicle Action Plan. Staff recommends awarding a contract to International Line Builders, Inc. dba ILB Electric in an amount not to exceed $1,793,464 (including a 10% contingency) to provide construction services.

Staff also recommends amending professional service agreement #9337 (CCS) with Willdan Engineering for a new total amount not to exceed $635,000 and extending the agreement for an additional three years from the expiration date to December 31, 2027.

Willdan Engineering would provide design and construction support services.

Discussion
Street Lighting Modernization Program
The Street Lighting Modernization Program converts 1960s high‐voltage series street lighting circuits to modern, 120‐volt multiple circuits and replaces high-pressure sodium (HPS) luminaires with energy-efficient light-emitting diode (LED) luminaires. The 120- volt multiple circuits are more reliable, require less maintenance, and allow the City to take advantage of energy‐efficient LED lighting technology. The Street Lighting Modernization Program consists of five projects to convert the City’s remaining series circuits to multiple circuits (Figure 1).
• Package 1: Completed in November 2018.
• Package 2: City Council awarded a construction contract for Package 2 in September 2019. However, the contract was canceled prior to the start of construction due to the financial impacts of the COVID-19 emergency. Staff anticipate that Package 2 will be rebid and completed in FY2024-25. • Package 3: The current Project, if awarded, would be completed in FY2023-24. • Packages 4 and 5: Staff anticipates the final two packages to be designed and constructed in FY2025-26 and FY2026-27, respectively, contingent on budget availability.

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The total cost for the five packages of the Street Lighting Modernization Program is estimated to be approximately $10 million.

Figure 1: Street Lighting Modernization Program Map

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Street Lighting Modernization Program – Package 3 Construction The Project would modernize street lighting on the following streets in the Pico and Sunset Park neighborhoods:
• Stewart Street from Colorado Avenue to Olympic Boulevard. • 20th Street from Olympic Boulevard to the I-10 Freeway Off Ramp. • 14th Street from Olympic Boulevard to Pico Boulevard. • 11th Street from Olympic Boulevard to Pico Boulevard. • 24th Street north of Ocean Park Boulevard.
• Area bounded by Oak Street, 14th Street, Hill Street, and 11th Street.

Electric Vehicle Action Plan Implementation
Implementation of the Electric Vehicle Action Plan (Attachment A) would help the City reach greenhouse gas reduction goals identified in the Climate Action and Adaptation Plan (Attachment B). The City contracts with a third-party vendor to supply and maintain EV charging equipment. The Project would use South Coast Air Quality Management District (SCAQMD) funding to install three City-supplied curbside charging stations with a total of six charging ports. Two charging stations would be installed on 7th Street adjacent to Joslyn Park and one charging station would be installed near the intersection of Idaho Street and 6th Street.

Design and Construction Support Services
Staff recommends authorizing a second modification to professional services agreement #9337 (CCS) with Willdan Engineering to extend the term of the agreement for an additional three years from the expiration date of December 31, 2024, and to provide additional funding for design and construction support services through the completion of the remaining Street Lighting Modernization Program – Packages 2, 3, 4, and 5.

Funding for the Street Lighting Modernization Program was removed in 2020 due to the financial impacts of the COVID-19 emergency. As a result, the Package 2 construction contract was cancelled and the Willdan design contract was put on hold while the

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design of Package 3 was in development and before Packages 4 and 5 could be started. Funding for the Street Lighting Modernization Program was restored in 2021 using Prop C Local Return funds, which are restricted for transportation and street improvement purposes.

Additional funds are needed (for both design and construction phases) to update the Package 2 plans and specifications to conform to current City Street lighting design standards, adjust future package segments according to Prop C funding guidelines that limit work to transit routes, perform additional coordination with Southern California Edison, and update consultant billing rates from the original agreement executed in 2011.

Based on the current CIP funding allocation, staff anticipate all remaining packages can be designed and constructed by FY2026-27, contingent upon Council approve of future budgets. Extending the agreement by three years would align the Willdan Engineering agreement with the estimated timeline of the remaining packages to provide design and construction support services through the completion of the project.

Past Council Actions
11/14/17 (Attachment A) Adopted the Electric Vehicle Action Plan 5/28/19 (Attachment B) Adopted the Climate Action and Adaptation Plan 2/8/11 (Attachment C) Awarded RFP for Street Lighting Design Services (SP2121) to Willdan Engineering
Vendor Selection
Bidder Recommendation
Best Bidder International Line Builders, Inc. dba ILB Electric Evaluation Criteria Price; the ability, capacity, and skill of the bidder to perform the services; the capacity of the bidder to perform the contract within the time specified; the sufficiency of the bidder’s financial resources; the reputation and experience of the bidder.

Municipal Code SMMC 2.24.180
Submittals Received
International Line Builders, Inc. dba ILB Electric $1,630,422

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Bid Data
Date
Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
4/25/2023 City's Online
Bidding Site
Santa Monica Daily
Press
52 5/26/2023
Best Bidder Justification
Staff recommends International Line Builders, Inc. dba ILB Electric, the lowest bidder, as the best bidder when evaluating bid price and experience with similar projects for the City of Santa Monica and City of Los Angeles.

Public Outreach
Construction is expected to begin in fall 2023 and continue through the spring of 2024.

Prior to and during construction, City staff and the contractor would distribute notifications to adjacent properties detailing the project scope, construction schedule, and potential impacts. Periodic updates would be provided, as necessary. Social media would be utilized to notify the public about general construction updates.

Environmental Review
The award contract and amended agreement for the Street Lighting Modernization Program are categorically exempt as a Class 2 exemption pursuant to Section 15302 of the CEQA Guidelines, which exempts replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. This project would replace the existing street lighting system with a new street lighting system without changing the existing streetlight poles and foundations. Furthermore, none of the Exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this exemption.

The award contract for the installation of new EV chargers is exempt from CEQA pursuant to Section 15303 (Class 3 New Construction or Conversion of Small Structures). Class 3 consists of construction and location of limited numbers of new, Select Electric, Inc. $2,459,650

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small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Local Return Fund and SCAQMD Fund to award a contract with International Line Builders, Inc. dba ILB Electric for construction services for the Street Lighting Modernization Program – Package 3 Project.

Contract Request
FY2023-24
Request Amount CIP Account # Total Contract Amount
$1,588,904 C2704590.689130 $1,588,904
$204,560 C1807490.689000 $204,560
Total $1,793,464
Staff seeks authority to approve available funding from the Local Return Fund to increase the amount of professional service agreement #9337 (CCS) with Willdan Engineering for design and construction support services for the Street Lighting Modernization Program.

Agreement Modification Request
Agreement
#
Current
Authorized
Amount
FY 2023-24
Modified
Request Amount
CIP Account # Total Revised
Contract Amount
9337 $429,000 $206,000 C2704590.689130 $635,000
Future year funding is contingent on Council budget approval.

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Prepared By: Robert Zak, Civil Engineer
Approved Forwarded to Council
Attachments:

A. November 14, 2017 Staff Report (Web Link)
B. May 28, 2019 Staff Report (Web Link)
C. February 8, 2011 Staff Report
D. Original PSA 9337 Willdan
E. PSA #9337 Modification #1
F. Oaks Form - ILB Electric
G. Oaks Form - Willdan Engineering

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City Council Meeting: February 8, 2~110"
Agenda Item:

To: Mayor and City Council
From: Martin Pastucha, Director of Public Works
Subject: Professional Services Agreement for Street Lighting Design Services Recommended Action
Staff .recommends that the City Council authorize the City Manager to negotiate and execute a professional services agreement with Willdan Engineering, aCalifornia-based company, in an amount not to exceed $ 429,000 to provide street lighting design services for the multi-year street light conversion program.

Executive Summary
The street light conversion program will replace all remaining high-voltage street lighting circuits and fixtures on various streets with modern, safe, reliable and energy-efficient T20-volt street lighting-circuits and fixtures. Willdan Engineering is recommended to provide street lighting design services for the conversion program in an amount not to exceed $429,000,
Discussion
The multi-year street light conversion program will replace aII remaining high-voltage street lighting circuits and fixtures with modern, safe, reliable and energy-efficient 120- volt street lighting circuits and fixtures. The multi-year street light conversion program is a 15-year program, approximately 60% complete. Staff anticipates completion of this program in FY2014-15. This program is coordinated with sidewalk replacement and street resurfacing projects.

Attachment 1 of this staff report provides the phasing and locations for the multi-year conversion program. The street lighting design consultant will develop construction documents, including plans specifications-and cost estimates, which will be used to issue construction contracts to implement the multi-year street light conversion program. 1 5.A.c
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Attachment: February 8, 2011 Staff Report (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) Consultant Selection
On March 29, 2010, the City issued a Request for Proposals ( RFP) for street lighting design services related to the multi-year street light conversion program. The RFP was made available on the City's online bidding system, PlanetBids. Sixty prospective bidders made requests for the RFP. and eight proposals were received on April 22, 2010. Proposals were reviewed by a selection committee comprised of Public Works staff from the Engineering and Facilities Maintenance Divisions. Each proposal was ranked based on specific criteria including understanding of the project scope, past experience with similar projects, qualifications of key personnel, and quality of deliverables. Interviews were conducted with the top four ranked firms to evaluate the qualifications and experience of the proposed personnel. Staff recommends Willdan Engineering located in the City of Industry, California, as the best qualified firm. Willdan Engineering recently completed similar projects for the cities of Newport Beach, Anaheim and South Gate successfully. Willdan's
proposed project team has extensive
experience with conversion of municipal high voltage series street Ilght circuits to low voltage circuits. Willdan's staff demonstrated athorough understanding of the scope and objectives of the project and provided details on their quality assurance and quality control plan. References for the cities of Newport . Beach and South Gate were contacted and reported that Willdan's work was completed on schedule, within budget and project deliverables were of good quality. Additionally, Willdan's proposed fee and hourly rates were competitive with other firms.
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Attachment: February 8, 2011 Staff Report (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) Financial Impacts & Budget Actions
The total cost for street lighting design services to implement the multi-year street light conversion program is $429,000 including a 10% contingency. Funds are included in the FY2010-11 budget in account number 0010724.589000 -Street & Park Lighting Retrofit.

Prepared by: Allan Sheth, Civil Engineering Associate
Approved:

Martin
C~
Pastucha
Director of Public Works
Forwarded to Council:

Rod Gould
City Manager
Attachment 1 - Multi Year Street Light Conversion Program and Map 3 5.A.c
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Attachment: February 8, 2011 Staff Report (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

ATTACHMENTI
City of Santa Monica
Multi Year Street Light Conversion Program
The City's multi-year conversion program will convert the existing 5KV series street lighting systems within the City to 120V multiple systems. For capital program funding and budgeting purposes the remaining 5KV series systems within the City have-been divided into five contract package groups as indicated in the attached map and the list below. For design and construction purposes it is anticipated that five separate bidding/project documents will be developed by the consultant selected pursuant to this process.

List of remaining 5KV series street lighting systems grouped by contract package see attached map as well)

CIRCUIT

NUMBER LOCATION
APPROX.

LENGTH (ft.)
Contract Package 1 (FY 2010/71)
4 25th Street -San Vicente to Montana 5,201
5 24th Street -San Vicente to Montana 5,309
6 23th Street -San Vicente to Montana 5,550
21 18th 8 19th Streets -San Vicente to Montana 11,362
8 22nd Street -San Vicente to Montana 5,470
11 21st Place -San Vicente to Montana 5,479
13 20th & 21st Streets -San Vicente to Montana 10,976
Contract Package 2 (FY 2011/12)
23 22nd Street -Montana to Washington, 21st Street -Montana to Idaho 3,184 45 Montana Ave - 12th Street to 17th Street 4,153
84 Montana Ave - 7th Street to 12th Street 4,258
150 17th Street @ Olympic and I-10 1,160
265 24th Street -Ocean Park to Grant Elementary 610
300 4th Street -Pico to Hill 7,421
Contract Package 3 (FY 2012/13)
25 Montana Ave @ 20th Street 403
114 16th Street -Santa Monica to Colorado 1,718
172 14th Street -Olympic to Pico 2,721
297 3rd Street -Pico to SE City Limit 8,320

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Attachment: February 8, 2011 Staff Report (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) ATTACHMENT1
List of remaining 5KV series street lighting systems grouped by contract package see attached map as well)

CIRCUIT

NUMBER LOCATION
APPROX.

LENGTH (ft.)
308 Oak Street - 11th to Euclid, Euclid Street -Hill to Oak, Hill Street - 11th to 14th
3,029
318 2nd Street -Strand to SE City Limit 6,253
Contract Package 4 (FY 2013/14)
9 Stanford Street -Montana to Washington 1,498
91 15th & 16th Streets -Wilshire to Arizona, Arizona Ave - 15th to 16th Ct.
2,409
92 Stewart Street -Colorado to Exposition 4,234
102 Pennsylvania Ave - 26th Street to Steward 1,968
212 11th Street -Pico to Olympic 2,889
335 Area bounded by Highland, Ozone, Lincoln and Marine 4,368 Contract Package 5 (FY 2014/15)
242 Area bounded by Pico, Lincoln, Ocean Park and 16th 10,035 249 Area bounded by Pico, Lincoln, Ocean Park and 16th 6,885 260 Area bounded by Pico, Lincoln, Ocean Park and 16th 5,701 261 Area bounded by Pico, Lincoln, Ocean Park and 16th 6,099 263 Area bounded py Pico, Lincoln, Ocean Park and 16th 3,901 353 . Area bounded by Pico, Lincoln, Ocean Park and 16th 6,891

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Attachment: February 8, 2011 Staff Report (5590 : Award Construction Contract for Street Lighting

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Attachment: February 8, 2011 Staff Report (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Original PSA 9337 Willdan (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) 1 August 2017

FIRST MODIFICATION OF DESIGN CONSULTANT PROFESSIONAL
SERVICES AGREEMENT NO. 9337 (CCS)
This First Modification of Agreement Number 9337 (CCS) (“First Modification”), entered into as of ______________, by and between the City of Santa Monica, a municipal corporation (“City”), and Willdan Engineering (“Willdan”) is made with reference to the following:

RECITALS
A. On or about July 5, 2011, the City and Willdan entered into Agreement Number 9337 (CCS) for design consultant professional services on the following Project:

SP2121 STREET LIGHTING DESIGN SERVICES.

B. The City and Willdan desire to modify the Original Agreement to clarify the agreement duration and project scope, and update consultant billing rates.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:

1. Article 2.1.3 of the Original Agreement entitled “Agreement Duration” shall be deleted in its entirety and replaced with the following paragraph:

Agreement Duration. This Agreement begins on the Execution Date and terminates on December 31, 2024 (“Expiration Date”), unless sooner terminated or extended in accordance with the provisions of the Agreement. In the event of delays in the performance of the services beyond the control of the Design Consultant, the City may, at its sole and complete discretion, extend the Expiration Date for a limited time period in writing pursuant to a Notice of Extension issued by the Director of Public Works, City Engineer, Capital Program Manager, or other designee of the City Manager. The Notice of Extension shall specify the revised Expiration Date, and must be issued prior to Expiration Date of the Agreement.”

2. Article 3.1 of the Original Agreement entitled “Additional Services” shall be modified by adding the following paragraph:

Willdan will perform all of the additional services described in Exhibit A-1, Additional Services. Willdan will complete the Additional Services in accordance with Exhibit B-1, Budget Modification 1 Additional Services.

3. Article 5.1.1 of the Original Agreement entitled “Design Consultant’s Fee” shall be modified by adding the following paragraph:

Design Consultant’s Fee. The City will compensate Willdan for the additional services described in Exhibit A-1 in an amount not to exceed DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 10/18/2021

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) 2 August 2017

ONE HUNDRED SIXTY-THREE THOUSAND NINE HUNDRED
SEVENTY-NINE DOLLARS ($163,979), as set forth in Exhibit B-1, Budget Modification 1 Additional Services. The total contract price for services pursuant to the Original Agreement and this First Modification shall not exceed FOUR HUNDRED TWENTY-NINE THOUSAND DOLLARS ($429,000).

4. Exhibit B-1, Budget Modification 1 Additional Services, and Exhibit A-1, Additional Services, are attached hereto and incorporated herein by this reference.

5. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

JOSEPH LAWRENCE
Interim City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

DAVID WHITE
City Manager
Willdan Engineering
________________________________
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81 10/11/2021
President
10/13/2021
Vanessa Munoz
10/18/2021 10/25/2021

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) September 16, 2021
Mr. Robert Zak, P.E.

Civil Engineer
City of Santa Monica
Civil Engineering Division
1685 Main Street
Santa Monica, CA 90401
Via email to: [email protected]
Subject: Proposal to Provide Professional Engineering Design Services for the Conversion of Existing 5KV Series Circuit Street Lighting Systems on Various Streets to 120V Multiple Circuit Street Lighting Systems (Packages 4 & 5) and SCE Utility Coordination for Package 3
Dear Mr. Zak:

Willdan Engineering is pleased to submit this proposal to provide professional engineering design services for the conversion of existing 5KV series circuit street lighting systems on various streets to 120V multiple circuit street lighting systems. We understand City staff has identified thirteen (13) existing 5KV series circuits in the northwest part of the City to convert to 120V multiple circuit systems. These converted circuits will be combined to create Contract Packages 4 and 5 under the City’s multi-year street lighting conversion program. The conversion of the 5KV series circuits to 120V multiple circuits will require removal or abandonment of the existing 5KV infrastructure including wiring, conduit, pull boxes, services and luminaries; and the installation of new conduit, wiring, pull boxes, services and LED luminaries. The project limits of each Contract Package are listed below:

Contract Package 4
Circuit
Number Location Approx. Length (ft.)
23 22nd Street – Montana to Washington
21st Street – Montana to Idaho 3,184
45 Montana Ave – 12th Street to 17th Street 4,153
84 Montana Ave – 7
th Street to 12th Street 4,258
114 16th Street – Santa Monica to Colorado 1,718
9 Stanford Street – Montana to Washington 1,498
91 15th & 16th Streets – Wilshire to Arizona
Arizona Ave – 15thto 16th Ct. 2,409
Total 17,220
Exhibit A-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) City of Santa Monica
Street Lighting Design Packages 4 & 5
September 16, 2021

Page 2 ends

Contract Package 5
Circuit
Number Location Approx. Length (ft.)
4 25th Street – San Vicente to Montana 5,201
5 24th Street – San Vicente to Montana 5,309
6 23rd Street – San Vicente to Montana 5,550
21 18th & 19th Streets – San Vicente to Montana 11,362
8 22nd Street – San Vicente to Montana 5,470
11 21st Place – San Vicente to Montana 5,479
13 20th & 21st Streets – San Vicente to Montana 10,976
Total 49,347
Additionally, the City has requested Willdan to resume utility coordination with Southern California Edison (SCE) to finalize Package 3 service feed points. The design for Package 3 is complete pending final service maps from SCE.

We also understand that our existing Professional Services Agreement No. 9337 with the City for street lighting design services has a remaining budget of $163,979. In order to stay within the remaining budget, our scope of services will include SCE utility coordination for Package 3, complete PS&E design for Package 4, and preliminary design for Package 5. A separate proposal will be submitted to complete the final design of Package 5 and provide engineering support during construction for Packages 2, 3, 4, and 5.

The following is our scope of work, schedule and fee:

SCOPE OF WORK
SCE Utility Coordination for Package 3

1. Resume coordination of new service feed point locations with Southern California Edison (SCE) for Package 3 design. Once service locations have been established and confirmed with SCE and final design maps have been issued, that information will be incorporated into the final Package 3 street lighting plans.

Exhibit A-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) City of Santa Monica
Street Lighting Design Packages 4 & 5
September 16, 2021

Page 3 ends

Plans, Specifications, and Estimates (PS&E) for Package 4

1. Meet with the City staff to review specific street lighting design and construction requirements. Obtain record drawings of utility plans, roadway plans, and street lighting plans.

2. Conduct a field review of the entire project limits to verify the accuracy and completeness of existing street lighting data. Topographic features will also be noted which may affect the design of the lighting system. These features include catch basins, trees, utilities, existing streetlights, pull boxes, etc.

3. Mail notices to utility companies in accordance with City’s procedures. Documentation of contacts and responses will be copied to the City. Willdan Engineering will prepare utility notices and deliver them to the City for mailing under City letterhead. If so desired by the City, Willdan Engineering can transmit these notices under Willdan Engineering’s letterhead; however, the City shall be responsible for any fees assessed to Willdan Engineering by the utility companies. In either case, all responses, questions, and correspondence from the utility companies will be addressed to Willdan Engineering’s utility coordinator.

4. Coordinate new service point locations with Southern California Edison (SCE) for Package 4 design. Once service locations have been established and confirmed with SCE and final design maps have been issued, that information will be incorporated into the final Package 4 street lighting plans.

5. Prepare twelve (12) street lighting electrical design plans at 1”=40’ scale on AutoCAD 2018, stamped and signed by a Registered Engineer. The new street lighting will be designed as a 120V multiple circuit street lighting system. The final construction plans shall identify all work to be done, with clear call-outs, construction notes and general notes referencing materials, sizes, depths, distances, dimensions, quantities and manufacturer model numbers for the construction of a fully functional street lighting system consistent with best principles and practices. The construction plans shall include but not be limited to the following:
a. Title Sheet, including vicinity and location maps;
b. General and Construction Notes Sheet;
c. Symbols and Abbreviations Sheet (may be combined with other sheets); d. Electrical Plan Sheets; with load calculations and circuit diagrams where applicable.

We estimate that Package 4 will consist of 12 electrical plan sheets.

6. Provide technical specifications for the installation of the new 120V street lighting systems including conduits, wiring, pull boxes, foundations, luminaries, services, cabinets and other appurtenant components consistent with best practices for street lighting construction. The above technical specifications shall ONLY be required where they differ from the relevant standards and practices defined in the latest edition of the Exhibit A-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) City of Santa Monica
Street Lighting Design Packages 4 & 5
September 16, 2021

Page 4 ends

“Standard Plans for Public Works Construction” (GREENBOOK) and “Standard Plans for Public Works Construction”.

7. Prepare construction cost estimate for the street lighting design.

8. Submit 90% and 100% PS&E to the City for review and comments.

9. Upon receipt of final comments, make final revisions and submit final PS&E with the plans plotted on mylar for City advertisement and bidding.

Preliminary Design for Package 5

1. Meet with the City staff to review specific street lighting design and construction requirements. Obtain record drawings of utility plans, roadway plans, and street lighting plans.

4. Coordinate new service point locations with Southern California Edison (SCE) for Package 5 design. Once service locations have been established and confirmed with SCE and final design maps have been issued, that information will be incorporated into the final Package 5 street lighting plans.

5. Prepare preliminary design level street lighting electrical design plans at 1”=40’ scale on AutoCAD 2018. We estimate that Package 5 will consist of 20 street lighting plan sheets.

The new street lighting will be designed as a 120V multiple circuit street lighting system.

The preliminary construction plans shall depict all proposed work to be done, with general notes referencing materials, sizes, depths, distances, dimensions, quantities and manufacturer model numbers for the construction of a fully functional street lighting system consistent with best principles and practices. The construction plans shall include but not be limited to the following:
a. Title Sheet, including vicinity and location maps;
b. General and Construction Notes Sheet;
c. Symbols and Abbreviations Sheet (may be combined with other sheets); Exhibit A-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) City of Santa Monica
Street Lighting Design Packages 4 & 5
September 16, 2021

Page 5 ends

d. Electrical Plan Sheets; with load calculations and circuit diagrams where applicable.

We anticipate one submittal to the City as a progress/status and overall layout check.

Construction notes, call-outs, and details will be added during the final design phase of Package 5 (under a separate proposal) and included in the 90% PS&E submittal to the City for review.

6. Prepare preliminary construction cost estimate for the street lighting design.

FEE
We propose to provide the street lighting design services for a not-to-exceed fee of $163,979 based on the enclosed breakdown. This fee is based on our current 2021/2022 hourly rate schedule. Our original rate schedule that was included in Profession Services Agreement No. 9337 for street lighting design services is 10 years old.

SCHEDULE
Package 4 90% PS&E can be completed for review within 24 weeks from a Notice-to-Proceed.

Final Package 4 PS&E can be completed within 8 weeks of receipt of City comments. and Package 5 preliminary plans and estimate can be completed for review within 20 weeks from a Notice-to-Proceed.

Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hardcopy original to our office, or by scanning one signed original and returning it by e-mail.

Thank you for the opportunity to be of service to the City of Santa Monica. We recognize the importance of this project and are committed to realizing its timely and successful completion.

Should you have any questions regarding this proposal, please contact Ms. Vanessa Muñoz at (562) 368-4848 or Mr. Jeff Lau at (562) 364-8526.

Respectfully submitted, Approval and Authorization to Proceed By:

WILLDAN ENGINEERING CITY OF SANTA MONICA
Vanessa Muñoz, PE, TE, PTOE
President/Director of Engineering Signature

Date
Enclosure
910005/WW.00.60/P21-303R1_22400
Exhibit A-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) Exhibit B-1
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) ACU Holder Identifier : 7777777707070700077761616045571110776617006304557307553127673506210073641577147321120767150513067511207463140227265512070632265620277710755736703712267607744415716274570076727242035772000777777707000707007 7777777707070700073525677115456000723111506136102007022326253073111070232362431730000712223734216211107022236243063111070223362421621110712333634207310007033336243172111077756163351765540777777707000707007 Certificate No : 570084807911

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
11/02/2020
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.

PRODUCER
Aon Risk Insurance Services West, Inc.

Los Angeles CA Office
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Travelers Property Cas Co of America 25674 INSURER B: Lexington Insurance Company 19437
INSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME:

Willdan Engineering
2401 East Katella Avenue
Suite 300
Anaheim CA 92806 USA
COVERAGES CERTIFICATE NUMBER: 570084807911 REVISION NUMBER:

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. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR

ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$1,000,000
$1,000,000
$15,000
$1,000,000
$2,000,000
$2,000,000
Employee Benefits Liability
Contractual Liability Included
A 6307J366586TIL20 11/09/2020 11/09/2021
PROJECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$1,000,000 A 11/09/2020 11/09/2021 COMBINED SINGLE LIMIT (Ea accident)
810-7N676545-20-43-G

EXCESS LIAB
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED

UMBRELLA LIAB

RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
A 11/09/2020 11/09/2021 PER STATUTE
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
UB0L6636782043G
028174912 11/09/2020 11/09/2021 Aggregate
SIR applies per policy terms & conditions Per Claim $1,000,000 B Archit&Eng Prof $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Street lighting design services (SP2121), PSA 9337 (CCS) City of Santa Monica, its officers, officials, employees, and volunteers are included as additional insured as respects to General and Auto Liability; Primary and Non-Contributing coverage, Waiver of Subrogation applies to GL & Auto Liability; and Waiver of subrogation for Work Comp is included in accordance with GL, AL and WC policy provisions. (INDUSTRY). General Liability policy excludes claims arising out of the performance of professional services. Independent Contractors are included as respects to General Liability.

CERTIFICATE HOLDER CANCELLATION
City of Santa Monica AUTHORIZED REPRESENTATIVE
Allan - Dept. of Public Works
1437 4th Street #300
Santa Monica CA 90401 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)       
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   

                          
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
                                     
                                                                                                    Policy Number: 630-7J366586-TIL-20
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

5.A.e
Packet Pg. 77
Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)       
                                                                                                                                                                                                                                                                                                                                                                                                                           
              
              DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

5.A.e
Packet Pg. 78
Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS

AND SURVEYORS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. Non-Owned Watercraft 75 Feet Long Or Less H. Blanket Additional Insured Governmental B. Who Is An Insured Unnamed Subsidiaries Entities Permits Or Authorizations Relating To Premises
C. Who Is An Insured Retired Partners, Members,
Directors And Employees
I. Blanket Additional Insured Governmental
Entities Permits Or Authorizations Relating To D. Who Is An Insured Employees And Volunteer Operations Workers Bodily Injury To Co-Employees, CoVolunteer Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments Increased Limit E. Who Is An Insured Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition Limited Liability Companies Professional Liability
F. Blanket Additional Insured Controlling Interest M. Blanket Waiver Of Subrogation When Required G. Blanket Additional Insured Mortgagees, By Written Contract Or Agreement Assignees, Successors Or Receivers N. Contractual Liability Railroads PROVISIONS uses or is responsible for the use of a
watercraft that you do not own that is: A. NON-OWNED WATERCRAFT 75 FEET LONG OR LESS (1) 75 feet long or less; and

1. The following replaces Paragraph (2) of (2) Not being used to carry any person Exclusion g., Aircraft, Auto Or Watercraft, or property for a charge; in Paragraph 2. of SECTION I B. WHO IS AN INSURED UNNAMED COVERAGES COVERAGE A BODILY SUBSIDIARIES
INJURY AND PROPERTY DAMAGE The following is added to SECTION II WHO IS LIABILITY: AN INSURED
:
(2) A watercraft you do not own that is: Any of your subsidiaries, other than a partnership (a) 75 feet long or less; and or joint venture, that is not shown as a Named (b) Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge; if:

2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

POLICY NUMBER: 630-7J366586-TIL-20
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

5.A.e
Packet Pg. 79
Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

COMMERCIAL GENERAL LIABILITY
b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) No such subsidiary is an insured for "bodily above do not apply to "bodily injury" arising injury" or "property damage" that occurred, or out of providing or failing to provide first aid "personal and advertising injury" caused by an or "Good Samaritan services" by any of your offense committed: retired partners, members, directors or a. Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or "employees" providing or failing to provide b. After the date, if any, during the policy period first aid or "Good Samaritan services" during that you no longer maintain an ownership their work hours for you will be deemed to be
interest of more than 50% in such subsidiary. acting within the scope of their employment For purposes of Paragraph 1. of Section II Who by you or performing duties related to the Is An Insured, each such subsidiary will be conduct of your business. deemed to be designated in the Declarations as: (2) "Personal injury":
a. A limited liability company; (a) To you, to your current or retired b. An organization other than a partnership, partners or members (if you are a joint venture or limited liability company; or partnership or joint venture), to your c. A trust; current or retired members (if you are a
limited liability company), to your other as indicated in its name or the documents that current or retired directors or govern its structure. "employees" while in the course of his or C. WHO IS AN INSURED RETIRED PARTNERS, her employment or performing duties MEMBERS, DIRECTORS AND EMPLOYEES related to the conduct of your business, or to your other "volunteer workers" The following is added to Paragraph 2. of while performing duties related to the SECTION II WHO IS AN INSURED: conduct of your business; Any person who is your retired partner, member, (b) To the spouse, child, parent, brother or director or "employee" that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or acts within the scope of their employment by you "volunteer worker" as a consequence of or while performing duties related to the conduct Paragraph (2)(a) above; of your business. However, no such retired (c) For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone insured for: else who must pay damages because of
the injury described in Paragraph (2)(a)
(1) "Bodily injury": or (b) above; or
(a) To you, to your current partners or
(d) Arising out of his or her providing or members (if you are a partnership or failing to provide professional health care
joint venture), to your current members
services. (if you are a limited liability company) or
to your current directors; (3) "Property damage" to property:
(b) To the spouse, child, parent, brother or (a) Owned, occupied or used by; or sister of that current partner, member or
(b) Rented to, in the care, custody or control director as a consequence of Paragraph of, or over which physical control is
(1)(a) above; being exercised for any purpose by; (c) For which there is any obligation to you, any of your retired partners, members share damages with or repay someone else who must pay damages because of or directors, your current or retired the injury described in Paragraph (1)(a) "employees" or "volunteer workers", any or (b) above; or current partner or member (if you are a partnership or joint venture), or any current (d) Arising out of his or her providing or failing to provide professional health care member (if you are a limited liability services. company) or current director.

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DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

5.A.e
Packet Pg. 80
Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

COMMERCIAL GENERAL LIABILITY
D. WHO IS AN INSURED EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS BODILY INJURY designated in the Declarations as:

TO CO-EMPLOYEES, CO-VOLUNTEER a. A limited liability company; WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES b. An organization other than a partnership, joint venture or limited liability company; The following is added to Paragraph 2.a.(1) of or SECTION II WHO IS AN INSURED:
c. A trust; Paragraphs (1)(a), (b) and (c) above do not as indicated in its name or the documents apply to "bodily injury" to a current or retired cothat govern its structure. "employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION II workers" or retired partners, members or WHO IS AN INSURED: directors while performing duties related to the Any person or organization that has financial conduct of your business. control of you is an insured with respect to E. WHO IS AN INSURED NEWLY ACQUIRED liability for "bodily injury", "property damage" OR FORMED LIMITED LIABILITY COMPANIES or "personal and advertising injury" that The following replaces Paragraph 3. of arises out of:

SECTION II WHO IS AN INSURED: a. Such financial control; or

3. Any organization you newly acquire or form, b. Such person's or organization's other than a partnership or joint venture, and ownership, maintenance or use of of which you are the sole owner or in which premises leased to or occupied by you. you maintain an ownership interest of more The insurance provided to such person or than 50%, will qualify as a Named Insured if organization does not apply to structural there is no other similar insurance available to that organization. However: alterations, new construction or demolition operations performed by or on behalf of such a. Coverage under this provision is person or organization. afforded only:

2. The following is added to Paragraph 4. of (1) Until the 180th day after you acquire SECTION II WHO IS AN INSURED: or form the organization or the end of the policy period, whichever is This paragraph does not apply to any earlier, if you do not report such premises owner, manager or lessor that has organization in writing to us within financial control of you. 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED or MORTGAGEES, ASSIGNEES, SUCCESSORS
(2) Until the end of the policy period, OR RECEIVERS
when that date is later than 180 days The following is added to SECTION II WHO IS after you acquire or form such AN INSURED:
organization, if you report such
organization in writing to us within Any person or organization that is a mortgagee, 180 days after you acquire or form it; assignee, successor or receiver and that you have agreed in a written contract or agreement b. Coverage A does not apply to "bodily to include as an additional insured on this
injury" or "property damage" that Coverage Part is an insured, but only with occurred before you acquired or formed
respect to its liability as mortgagee, assignee,
the organization; and
successor or receiver for "bodily injury", "property
c. Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that:
offense committed before you acquired a. Is "bodily injury" or "property damage" that or formed the organization. occurs, or is "personal and advertising injury" For the purposes of Paragraph 1. of Section caused by an offense that is committed, II Who Is An Insured, each such
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

5.A.e
Packet Pg. 81
Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations.
b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED use of the premises for which that GOVERNMENTAL ENTITIES PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II WHO IS this Coverage Part. AN INSURED:

The insurance provided to such mortgagee, Any governmental entity that has issued a permit assignee, successor or receiver is subject to the or authorization with respect to operations following provisions: performed by you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such operations. b. The insurance provided to such person or organization does not apply to: The insurance provided to such governmental (1) Any "bodily injury" or "property damage" entity does not apply to:
that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect; or governmental entity; or (2) Any "bodily injury", "property damage" or b. Any "bodily injury" or "property damage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, new operations hazard". construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICE performed by or on behalf of such mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the
DEFINITIONS Section: H. BLANKET ADDITIONAL INSURED
GOVERNMENTAL ENTITIES PERMITS OR b. An act or omission committed in AUTHORIZATIONS RELATING TO PREMISES providing or failing to provide "incidental medical services", first aid or "Good The following is added to SECTION II WHO IS Samaritan services" to a person, unless AN INSURED: you are in the business or occupation of Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, Paragraph 2.a.(1) of SECTION II WHO IS building code or written contract or agreement to AN INSURED:
include as an additional insured on this Unless you are in the business or occupation Coverage Part is an insured, but only with of providing professional health care respect to liability for "bodily injury", "property services, Paragraphs (1)(a), (b), (c) and (d) damage" or "personal and advertising injury" above do not apply to "bodily injury" arising arising out of the existence, ownership, use, out of providing or failing to provide:
maintenance, repair, construction, erection or (a) "Incidental medical services" by any of removal of any of the following for which that your "employees" who is a nurse, governmental entity has issued such permit or nurse assistant, emergency medical authorization: advertising signs, awnings, technician, paramedic, athletic trainer, canopies, cellar entrances, coal holes, audiologist, dietician, nutritionist, driveways, manholes, marquees, hoist away

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DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

5.A.e
Packet Pg. 82
Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical services" to any person to the extent not (b) First aid or "Good Samaritan services" subject to Paragraph 2.a.(1) of Section II by any of your "employees" or "volunteer Who Is An Insured. workers", other than an employed or volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any

3. The following replaces the last sentence of one person, and will be the higher of:

Paragraph 5. of SECTION III LIMITS OF a. $10,000; or
INSURANCE:
b. The amount shown in the Declarations of For the purposes of determining the this Coverage Part for Medical Expense
applicable Each Occurrence Limit, all related
Limit. acts or omissions committed in providing or
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION PROFESSIONAL LIABILITY services" to any one person will be deemed The following is added to Paragraph 4.b., to be one "occurrence".

Excess Insurance, of SECTION IV

4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I CONDITIONS:

COVERAGES COVERAGE A BODILY
This insurance is excess over any of the other

INJURY AND PROPERTY DAMAGE
insurance, whether primary, excess, contingent LIABILITY:
or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the
"Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT

5. The following is added to the DEFINITIONS
Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment,
If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of
furnishing of food or beverages; or
recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of:

6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV occurs; or COMMERCIAL GENERAL LIABILITY
CONDITIONS: b. "Personal and advertising injury" caused by an offense that is committed; This insurance is excess over any valid and collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.

DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

5.A.e
Packet Pg. 83
Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

COMMERCIAL GENERAL LIABILITY
N. CONTRACTUAL LIABILITY RAILROADS

1. The following replaces Paragraph c. of the
definition of "insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;

2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.

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DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

5.A.e
Packet Pg. 84
Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)       
      
     
     
       
    
      
    
      
    
      
      
    
   
     
   
     
            
   
              

      
 



                                                                           
                  POLICY NUMBER: 630-7J366586-TIL-20
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

5.A.e
Packet Pg. 85
Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 21/22 – July 1, 2021 through June 30, 2022)

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 $17.64 per hourfor 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 nonresponsive 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 [email protected] or by phone 310-458-8281.

DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

5.A.e
Packet Pg. 86
Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE CERTIFICATION
July 1, 2021 through June 30, 2022

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $17.64 per hour
Please read, complete, and sign the following:

THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE

THIS CONTRACT IS NOT 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:
_______________________________________________________________________________________ Equipping Projects _______________________________________________________________________________________ Construction Management and Inspection for Olympic Water Transmission Main and Olympic Well SP2608 & SP2639 Willdan Engineering 6/29/2021 Chris Baca, RCI, CESSWI Director, CM and Inspection X DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) SP2608 & SP2639 Olympic Water Transmission
Main and Olympic Well Equipping Projects
22 5. Appendix
DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) SP2608 & SP2639 Olympic Water Transmission
Main and Olympic Well Equipping Projects
23 DocuSign Envelope ID: B7656BCE-74FA-4E9D-AC2C-53428AD0BD81

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Attachment: PSA #9337 Modification #1 (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Oaks Form - ILB Electric (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3)

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Attachment: Oaks Form - Willdan Engineering (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) Exhibit “A”
officers slate WE 6-9-2022

WILLDAN ENGINEERING

SLATE OF OFFICERS
June 9, 2022
Thomas D. Brisbin...................Chairman of the Board Vanessa Munoz........................President, Chief Executive Officer; Director of Design Engineering Creighton K. Early...................Chief Financial Officer, Treasurer Kate Nguyen ...........................Secretary
Cathaleen D. Steele .................Assistant Secretary

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Attachment: Oaks Form - Willdan Engineering (5590 : Award Construction Contract for Street Lighting Modernization Program - Package 3) City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 5.B
1 of 5
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Approval of 2022 Grant Acceptance for State Homeland Security Program (SHSP)
Recommended Action
Staff recommends that the City Council:

2. Authorize the City Manager to execute all necessary documents to accept the grant, all grant renewals, and modifications.

4. Adopt a finding of categorical exemption pursuant to Section 15322 of the California Environmental Quality Act (CEQA) Guidelines.

5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Summary
The Federal government annually allocates grant funding to enhance regional preparedness for disasters, emergencies, and other threats to homeland security. In grant year 2022, $185,000 was awarded to the Santa Monica Fire Department as a part of the U.S. Department of Homeland Security, Federal Emergency Management Agency's (FEMA) State Homeland Security Grant Program (SHSP) grant to fund a contractor to serve as the Los Angeles Fire Chiefs’ Association Regional Training Group’s Training Officer. Staff recommends that Council authorize acceptance of the

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2022 SHSP grant funds and execution of a subrecipient agreement with the County of Los Angeles for a performance period of September 1, 2022, to May 31, 2025. The 2022 SHSP grant funds are administered by the County of Los Angeles on behalf of the Los Angeles-Long Beach Urban Area, which includes Santa Monica.

Discussion
The SHSP program focus is on enhancing regional preparedness and capabilities in major metropolitan areas. The Santa Monica Fire Department received funds to support the Fire Department’s core public safety mission as well as regional homeland security goals. The following are the ten major regional homeland security focus areas of the SHSP grant program, known as Investment Justifications (IJ):
lJ # 1: Strengthen Capabilities of the State Threat Assessment System; IJ # 2: Protect Critical Infrastructure and Key Resources; IJ # 3: Enhance Cybersecurity;
IJ # 4: Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology and Equipment;
IJ # 5: Enhance Medical and Public Health Capabilities; IJ # 6: Preventing Violent Extremism Through Multi-Jurisdictional/InterJurisdictional Collaboration and Coordination; IJ # 7: Enhance Community Resilience, Including Partnerships With Volunteers and Community Based Organizations and Programs;
IJ # 8: Strengthen Information Sharing and Collaboration; IJ # 9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident Planning, Response & Recovery Capabilities; and
IJ #10: Homeland Security Exercise, Evaluation and Training Programs The SHSP program directly supports the national priority of expanding regional collaboration within the National Preparedness Goal, which defines what it means for the whole community to be prepared for all types of disasters and emergencies. The SHSP grant is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery from natural or man-made disasters.

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The 2022 SHSP program’s agreement was recently received by the City since it takes the County of Los Angeles and the State the first year of the performance period to determine the numerous regional projects before subrecipient agreements can be processed. The program will fund projects in 29 high-threat, high density areas selected by DHS. The County of Los Angeles is the region's grantor for the SHSP grant and allocates funds to the City of Santa Monica. A regional working group and approval authority, made up of SHSP stakeholders from throughout the Los Angeles-Long Beach Urban Area, are the governing bodies that determine which regional projects to submit to DHS for grant funding.

The SHSP grant program is 100% federally funded by DHS and managed through the State of California's Office of Emergency Services. There is no requirement of a local match. The City of Santa Monica has received over $20 million in federal homeland security grant funding since 2003. These funds have been used to purchase necessary interoperable communication and infrastructure equipment, supplies, and training in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism. These funds cannot be used for general purposes and must be specified at the time of application. Homeland security purchases must be pre-approved by the state and align with grant guidelines.

The Fire Department will use the 2022 SHSP grant funds to host the Los Angeles Area Fire Chief’s Association Training Officer contractor. The Training Officer’s contract with Fire Resources was awarded on November 15, 2022. On December 13, 2022, Council accepted the SHSP 2021 grant in the amount of $185,000 to fund the second year of Contract 11339. Staff is seeking to add an additional $185,000 from SHSP 2022 and extend the Fire Resources contract for one additional year. The Training Officer will coordinate the facilitation of regional training opportunities. The Training Officer also performs regional research, prepares reports, presentations, and briefings for the regions’ Fire Chiefs, executive and other fire service audiences on relevant fire service issues. Deploying these funds, as recommended by the Fire Department, helps ensure response readiness for incidents of national significance including, but not limited to acts of terrorism, natural disasters, public health threats and other large-scale incidents that pose a threat to public or first-responder safety.

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Environmental Review
The acceptance and use of grant funds to fund a Training Officer is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15322 (Class 22 Educational or Training Programs) of the CEQA Guidelines. Section 15322 exempts projects that consists of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures.

Grant funding will be used to fund a training program, and therefore is exempt pursuant to Section 15322 of the CEQA guidelines.

Past Council Actions
Meeting Date Description
11/15/2022 Award RFP to provide professional services to assist Los Angeles Area Fire Chief’s Association Regional Training Group Fire Service Training Officer hosted by Santa Monica Fire.

Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the 2022 State Homeland Security Grant Program in the amount of $185,000 to fund LAAFCA’s Training Officer contract.

Staff seeks authority to approve funding from the Miscellaneous Grants Fund to increase the term and amount of Contract #11339 with Fire Resources LLC for LAAFCA Training Officer. The previous contract amount of $370,000 included funding from SHSP 2020 and 2021. The current SHSP 2022 grant amount of $185,000 is being added to the contract for a new grant amount of $555,000 and an extended term to thirty-six months.

FY 2023-24 Grant Budget Changes
Establish Revenue Budget Appropriate Funds

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Account Number Amount Account Number Amount
20190001.40429C $185,000 20190001.55517C $185,000
Professional Services Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2023-24
Modified Request
Amount
Dept Account #
Total
Revised
Contract
Amount
11339 $370,000 $185,000 20190001.55517C $555,000
Prepared By: Deanna Kendall, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Printout-5468-1007-M21875 Fire Resources December 2022 B. Printout-5424-1007-M21683 Award Fire Resources 11.15.22 C. 04 Fire Resources Oaks exp 9.27.23
D. Complete_with_DocuSign_02_PSA_Fire_Resources

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City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 5.N
1 of 5
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Authorization to Accept the 2021 State Homeland Security Grant Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept a grant awarded in the amount of $185,000 from the Federal Emergency Management Agency for the 2021 State Homeland Security Grant Program in the Fire Department, and to accept all grant renewals;

2. Authorize the City Manager to execute all necessary documents to accept the grant, all grant renewals, and modifications. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Summary
Each year, the Federal government allocates grant funding to enhance regional preparedness for disasters, emergencies, and other threats to homeland security. In grant year 2021, $185,000 was awarded to the Santa Monica Fire Department as a part of the U.S. Department of Homeland Security, Federal Emergency Management Agency's (FEMA) State Homeland Security Grant Program (SHSP) grant to fund a contractor to serve as the Los Angeles Fire Chiefs’ Association Regional Training Group’s Training Officer. Staff recommends that Council authorize acceptance of the 2021 SHSP grant funds and execution of a subrecipient agreement with the County of Los Angeles for a performance period of September 1, 2021, to May 31, 2024. The 2021 SHSP grant funds are administered by the County of Los Angeles on behalf of the Los Angeles-Long Beach Urban Area, which includes Santa Monica.

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Discussion
The SHSP program focus is on enhancing regional preparedness and capabilities in major metropolitan areas. The Santa Monica Fire Department received funds to support the Fire Department’s core public safety mission as well as regional homeland security goals. The following are the ten major regional homeland security focus areas of the SHSP grant program, known as Investment Justifications (IJ):
lJ # 1: Strengthen Capabilities of the State Threat Assessment System; IJ # 2: Protect Critical Infrastructure and Key Resources; IJ # 3: Enhance Cybersecurity;
IJ # 4: Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology and Equipment;
IJ # 5: Enhance Medical and Public Health Capabilities; IJ # 6: Preventing Violent Extremism Through Multi-Jurisdictional/InterJurisdictional Collaboration and Coordination; IJ # 7: Enhance Community Resilience, Including Partnerships With Volunteers and Community Based Organizations and Programs;
IJ # 8: Strengthen Information Sharing and Collaboration; IJ # 9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident Planning, Response & Recovery Capabilities; and
IJ #10: Homeland Security Exercise, Evaluation and Training Programs The SHSP program directly supports the national priority of expanding regional collaboration within the National Preparedness Goal, which defines what it means for the whole community to be prepared for all types of disasters and emergencies. The SHSP grant is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery from natural or man-made disasters.

The 2021 SHSP program’s agreement was recently received by the City since it takes the County of Los Angeles and the State the first year of the performance period to negotiate the workbook and approve the numerous regional projects before subrecipient agreements can be processed. The program will fund projects in 29 high-threat, high

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density areas selected by DHS. The County of Los Angeles is the region's grantor for the SHSP grant and allocates funds to the City of Santa Monica. A regional working group and approval authority, made up of SHSP stakeholders from throughout the Los Angeles-Long Beach Urban Area, are the governing bodies that determine which regional projects to submit to DHS for grant funding.

The SHSP grant program is 100% federally funded by DHS and managed through the State of California's Office of Emergency Services. There is no requirement of a local match. The City of Santa Monica has received over $20 million in federal homeland security grant funding since 2003. These funds have been used to purchase necessary interoperable communication and infrastructure equipment, supplies, and training in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism. These funds can not be used for general purposes and must be specified at the time of application. Homeland security purchases must be pre-approved by the state and align with grant guidelines.

The Fire Department will use the 2021 SHSP grant funds to host the Los Angeles Area Fire Chief’s Association Training Officer contractor. The Training Officer’s contract with Fire Resources was awarded on November 15, 2022, but only the first year’s funds were appropriated to Contract 11339 from SHSP 2020 grant funds. The Training Officer will coordinate the facilitation of regional training opportunities. The Training Officer also performs regional research, prepares reports, presentations, and briefings for the regions’ Fire Chiefs, executive and other fire service audiences on relevant fire service issues. Deploying these funds, as recommended by the Fire Department, helps ensure response readiness for incidents of national significance including, but not limited to acts of terrorism, natural disasters, public health threats and other large-scale incidents that pose a threat to public or first-responder safety.

Past Council Action
Meeting Date Description
11/15/2022 Original Request for Proposal and award of professional services agreement with Fire Resources to assist Los Angeles Area Fire

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Chief’s Association Regional Training Group hosted by Santa Monica Fire Department using FEMA SHSP grant funds.

Environmental Review
This is not a project for the purpose of the California Environmental Quality Act.

Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the 2021 State Homeland Security Grant Program in the amount of $185,000 to fund LAAFCA’s Training Officer contract.

FY 2022-23 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20190001.40429A $185,000 20190001.55517A $185,000
Staff seeks authority to approve funding from the Miscellaneous Grants Fund to increase the professional services agreement with Fire Resources LLC to provide professional services to assist the LAAFCA Regional Training Group.

Professional Services Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2022-23 Budget
Modified Request
Amount
Dept Account #
Total Revised
Contract
Amount
11339 $185,000 $185,000 20190001.55517A $370,000
Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council

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Attachments:

A. Staff Report 5424 - Award RFP Training Professional Services on behalf LAAFCA

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Report
City Council Meeting: November 15, 2022
Agenda Item: 5.J
1 of 6
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Award RFP to provide professional services to assist Los Angeles Area Fire Chief’s Association Regional Training Group Fire Service Training Officer hosted by Santa Monica Fire
Recommended Action
Staff recommends that the City Council:

1. Award RFP #325 for professional services to Fire Resources LLC, to assist Los Angeles Area Fire Chief’s Association Regional Training Group hosted by Santa Monica Fire Department; and

2. Authorize the City Manager to negotiate and execute a professional service agreement with Fire Resources LLC, in an amount not to exceed $370,000 for a twenty-four month period, with future year funding contingent on Council budget approval and state homeland security grant funding.

Summary
Each year, the Federal government allocates grant funding to enhance regional preparedness for disasters, emergencies and other threats to homeland security. In grant years 2020-2022, $370,000 was awarded to the Santa Monica Fire Department as a part of the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency's (FEMA) State Homeland Security Grant Program (SHSP) grant.

The $370,000 has been awarded to Santa Monica Fire on behalf of the Los Angeles Area Fire Chief’s Association (LAAFCA) to enter into an agreement with the training officer consultant group Fire Resources to assist the Regional Training Group fulfill LAAFCA’s regional training mission.

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The SHSP grant funds are administered by the County of Los Angeles on behalf of the Los Angeles-Long Beach Urban Area, which includes Santa Monica. City Council has already accepted the 2020 SHSP funds totaling $185,000, and the Fire Department has a pending agreement to award the remaining funds from the 2021 SHSP grant in the amount of $185,000. These funds have been granted to Santa Monica for the engagement of professional services to assist the Los Angeles Area Fire Chief’s Association Regional Training Group achieve its mission of fulfilling its homeland security goals. The agreement with the selected consultant, Fire Resources, would be for a term of two years.

Discussion
About the SHSP Grant Program
The focus of the SHSP program is to enhance regional preparedness and capabilities in major metropolitan areas. The Santa Monica Fire Department was asked to host funds to assist the RTG with facilitating county-wide trainings that support Fire’s core public safety missions as well as regional homeland security goals. The following are the ten major regional homeland security focus areas of the SHSP grant program, known as Investment Justifications (IJ):
lJ # 1: Strengthen Capabilities of the State Threat Assessment System; IJ # 2: Protect Critical Infrastructure and Key Resources; IJ # 3: Enhance Cybersecurity;
IJ # 4: Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology and Equipment;
IJ # 5: Enhance Medical and Public Health Capabilities; IJ # 6: Preventing Violent Extremism Through Multi-Jurisdictional/InterJurisdictional Collaboration and Coordination; IJ # 7: Enhance Community Resilience, Including Partnerships With Volunteers and Community Based Organizations and Programs;
IJ # 8: Strengthen Information Sharing and Collaboration; IJ # 9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident Planning, Response & Recovery Capabilities; and

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IJ #10: Homeland Security Exercise, Evaluation and Training Programs The SHSP program directly supports the national priority of expanding regional collaboration within the National Preparedness Goal, which defines what it means for the whole community to be prepared for all types of disasters and emergencies. The SHSP grant is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery from natural or man-made disasters.

The County of Los Angeles is the region's grant administrator for the SHSP grant and allocates funds to the City of Santa Monica. A regional working group and approval authority, made up of SHSP stakeholders from throughout the Los Angeles-Long Beach Urban Area, are the governance bodies that determine which regional projects to submit to DHS for grant funding.

The SHSP grant program is 100% federally funded by DHS and managed through the State of California's Office of Emergency Services. There is no requirement of a local match. The City of Santa Monica has received close to $20 million in federal security grant funding since 2003. These funds have been used to purchase necessary interoperable communication and infrastructure equipment, supplies, and training in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism.

Agreement with Fire Resources, LLC
The City of Santa Monica Fire Department has been awarded funding to host a professional services contract with a subject matter expert to assist in fulfilling the Los Angeles Fire Chiefs’ Association Regional Training Group’s mission to provide unified, innovative, quality training to enhance firefighter safety and responder effectiveness.

The contractor will develop, direct, and execute strategies to ensure effective delivery of training to and for Los Angeles area fire service agencies and stakeholders. The contractor will assist with, support, and further develop the training and response readiness of Los Angeles area fire agencies for incidents of national significance

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including, but not limited to: acts of terrorism, natural disasters, public health threats and other large-scale incidents that pose a threat to public or first-responder safety. The contractor will perform detailed and comprehensive research, collaborate on, develop, and disseminate periodic and regular finished reports, advisories, bulletins, presentations, and briefings for executive and other fire service audiences on relevant fire service issues.

Consultant Selection
Bidder Recommendation
Best Qualified Person or
Firm and Only Bidder
Fire Resources, LLC
Evaluation Criteria The proposal, Fire Resources LLC, was evaluated based on the criteria in SMMC 2.24.190, including experience, understanding of scope of services to be provided, quality control, training, references, and compliance with City specifications.

Municipal Code SMMC 2.24.190
RFP Data
Date
Posted Posted On
Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Date Publicly
Opened
8/19/2022 City's Online Bidding Site Santa Monica
Daily Press
4 09/07/2022
Justification to Award
An interview panel consisting of one SMFD Deputy Chief and two Chiefs from other local Fire agencies interviewed the three parties who submitted proposals. Based on this criteria and criteria in SMMC 2.24.190, staff recommends Fire Resources LLC as the best qualified vendor to provide professional services to assist the Los Angeles Area Fire Chief’s Association Regional Training Group based on their extensive RFPs Received
Fire Resources, LLC Cisneros Business Services, LLC The Safe Community Project

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subject matter expertise in the Fire service, experience with similar projects, the results of their reference checks, and their ability to provide the services within the project budget.

Environmental Review
This is not a project for the purpose of the California Environmental Quality Act.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Miscellaneous Grants Fund to award a professional services agreement with Fire Resources LLC to provide professional services to assist the LAAFCA Regional Training Group.

Professional Service Agreement
FY 2022-23 Budget
Request Amount Department Account # Total Contract Amount $185,000 20190001.555179 $370,000
Future funding in the amount of $185,000 will be appropriated to the 2021 State Homeland Security Grant Fund account 20190001.55517A when the 2021 Grant Agreement is accepted by City Council at a date in the near future. These funds have been allocated by the State; the City is waiting for the formal contract agreement from Los Angeles County. Future contract funding is contingent on Council budget approval and future homeland security grant funds.

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Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Fire Resources Oaks exp 9.27.23

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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 months.

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Bid/PO/Contract # Permit #

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 includesthe 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. Personalservices 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 a12- 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 any12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any12- month period.

Name(s) of persons or entities receiving public benefit:

Fire Resources LLC
Name(s) of trustees, directors, partners, and officers:

Sean A. Escontrias
Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Sean A. Escontrias OR Fire Resources LLC
Prepared by: Sean A. Escontrias Title: President
Signature: Date:

Email: [email protected] Phone:
9-27-2022
(310) 500-5530

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Contract No. 11122 (CCS)

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”), a California municipal corporation, and FIRE RESOURCES LLC (“Fire Resources”), a limited liability corporation, is made with reference to the following:

RECITALS:

A. The 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 Constitution of the State of California and the Charter of the City.

B. Fire Resources is qualified to do business, and is doing business, in the State of California. Fire Resources represents it has the background, knowledge, experience, and expertise necessary to provide the services set forth in this Agreement.

C. The City and Fire Resources now desire to enter into an agreement for Fire Resources to provide professional services to the City.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

TERMS AND CONDITIONS

1. Term. This Agreement shall commence on the Execution Date stated above and will expire in two (2) years, unless sooner terminated in accordance with Section 14.

2. Fire Resources Services. Fire Resources shall perform and provide to City all of the services (“Services”) described in Exhibit A, Scope of Services. Fire Resources shall also perform the Services in accordance with Exhibit B, Budget.

3. City Responsibilities. The City agrees to:

3.1 Make available to Fire Resources the documents, data, or information that the City believes are required for Fire Resources to perform and provide the Services to the City.

3.2 Designate a representative authorized to act on behalf of City.

3.3 Promptly review all documents submitted to it by Fire Resources and to respond within a reasonable period of time.

DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745 12/5/2022

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4. Compensation. The City shall compensate Fire Resources for the Services performed by it and provided to City in an amount not to exceed $370,000, as set forth in Exhibit B.

5. Invoices. Fire Resources shall invoice the City for the Services in accordance with Exhibit B and the City shall pay any undisputed amount within 30 days of receipt.

6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

6.1 All notices, demands, requests or approvals to the City:

Fire Department
City of Santa Monica
333 Olympic Dr. 2nd FL
Santa Monica, California 90401
Attention: Deputy Chief Tom Clemo
Re: Contract No. 11122
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 11122

6.2 All notices, demands, requests or approvals to Fire Resources:

Fire Resources
13129 Sherry Lane
Los Angeles, CA 90049
Attention: Sean Escontrias
[email protected]
Re: Contract No. 11122

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct of Fire Resources or any of Fire Resources’ agents, employees, or subconsultants, except as otherwise provided in this Agreement.

8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745

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and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.

This Agreement may be modified only by written agreement signed by City and Fire Resources, and approved as to form by the City Attorney.

9. Insurance. Prior to commencing work, Fire Resources must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Fire Resources or Fire Resources’ agents, representatives, employees or subconsultants for the duration of this Agreement. Fire Resources must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

10.1 Indemnification. Fire Resources agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the acts, errors and/or omissions of Fire Resources, or its employees, agents, officers, and subconsultants. Fire Resources’ responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Fire Resources, its employees, agents or officers, or subconsultants; provided, however, that Fire Resources’ duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding Fire Resources’ obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Fire Resources, if City chooses to do so.

10.2 Enforcement Costs. Fire Resources agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.

11. Prohibition Against Transfers.

11.1 Fire Resources may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745

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acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Fire Resources or of any general partner or joint venturer or syndicate member of Fire Resources, if a partnership or joint venture or syndicate exists, which results in changing the control of Fire Resources, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.

12. Permits and Licenses. Fire Resources, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

14. Default and Termination.

14.1 If Fire Resources fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Fire Resources.

14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Fire Resources. Upon termination of this Agreement, City will pay Fire Resources any compensation earned and unpaid up to the effective date of termination.

15. Compliance with Law. Fire Resources must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City.

16. Discrimination. Fire Resources may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

17. Nuisance. Fire Resources may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745

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18. Records.

18.1 Fire Resources must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. Fire Resources must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

18.2 Fire Resources must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. Fire Resources must clearly identify all records and make them readily accessible to the City. At the City’s request, Fire Resources must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

18.3 Fire Resources must allow the City to have free access to its books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Fire Resources’s records, and Fire Resources agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Fire Resources, Fire Resources agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

19. Work Product; Reports.

19.1 Any work product prepared or caused to be prepared by Fire Resources or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by Fire Resources or any subconsultant pursuant to this Agreement may be made available to any individual or organization by Fire Resources without prior written approval by City.

19.2 At the City’s request, Fire Resources must furnish reports concerning the status of the Services.

20. Standard of Care. Fire Resources agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of Fire Resources’ profession currently practicing in the same locality under similar conditions.

DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745

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21. Subconsultants.

21.1 If Fire Resources proposes to have any subconsultant perform any part of the Services, Fire Resources must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

21.2 Fire Resources will be responsible for the quality of any subconsultant’s work.

Every subcontract or agreement of any kind entered into between Fire Resources and any subconsultant (or between any subconsultant and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 11122 (CCS) entered into between the City of Santa Monica and Fire Resources
on^^____________________.

22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

23. Venue and Jurisdiction. The City and Fire Resources agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

25. Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single executed agreement. Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745 12/5/2022

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26. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
Fire Resources Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745 City Attorney
CEO
Fire Resources LLC
Sean Escontrias
City Clerk City Manager

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Packet Pg. 117 Attachment: Complete_with_DocuSign_02_PSA_Fire_Resources (5746 : 2022 Grant Acceptance for State Homeland Security Program (SHSP)) Exhibit A
Scope of Services
Fire Resources shall perform and provide professional services under this Agreement as the Fire Services Training Officer (“FSTO”) for the “Los Angeles Area Fire Chief’s Association” (LAAFCA) Regional Training Group (“RTG”). Fire Resources, as the FSTO, shall perform and provide the following professional services:
• Develop, direct, and execute strategies to ensure effective delivery of training to and for Los Angeles are fire service agencies and stakeholders. • Assist with, support, and further develop the training and response readiness of Los Angeles area fire agencies for incidents of national significance including, but not limited to: acts of terrorism, natural disasters, public health threats and other large-scale incidents that pose a threat to public or firstresponder safety. • Perform detailed and comprehensive research, collaborate on, develop, and disseminate periodic and regular finished reports, advisories, bulletins, presentations, and briefings for executive and other fire service audiences on relevant fire service issues.
• Provide any other additional work as directed by LAAFCA or the RTG Executive Director.

DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745

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Packet Pg. 118 Attachment: Complete_with_DocuSign_02_PSA_Fire_Resources (5746 : 2022 Grant Acceptance for State Homeland Security Program (SHSP)) Exhibit B
Budget
Personnel
Sean A. Escontrias, CEO
Rate
$88.95 per hour for first 40 hours per week; any hours that exceed 40 hours per week are billed at $133.43 an hour.

Notes:
• Miscellaneous supply costs shall be the responsibility of Fire Resources. • Mass copying and production of training materials for RTG business will be paid directly by LAAFCA.
• Fire Resources, LLC will provide copies of reports and other written documents at its own expense for the LAAFCA Executive Board. • The amount of compensation for this contract is a total not to exceed amount of $370,000 for the Term of this agreement.
• If additional services are required, the hourly rate is $133.43 an hour and may be billed as a deliverable milestone.
• Upon contract execution, a 10% advancement ($37,000) of the contract is due.

Fire Resourcesshall agree to submit regular and timely invoices. Invoices shall include the total daily hours dedicated to each task and a brief description of each task performed by the Fire Service Regional Training Officer and any administrative support personnel, as applicable.

All invoices are subject to Net 30 terms upon the receipt of an invoice. If the invoice is based on an hourly rate as described above, invoices will be paid on a monthly basis.

If invoices are milestone based, invoices will be paid upon milestone approval of the LAAFCA Executive Director.

All invoices shall be provided electronically to the email account [email protected] with a copy email to [email protected].

DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745

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Packet Pg. 119 Attachment: Complete_with_DocuSign_02_PSA_Fire_Resources (5746 : 2022 Grant Acceptance for State Homeland Security Program (SHSP)) Exhibit C
Professional Services Agreement Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement 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 Consultant, its agents, representatives, employees or subcontractors.

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 $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 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 Consultant 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 (see footnote #1).

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.

If the Consultant 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 and 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.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. 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 DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745

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Packet Pg. 120 Attachment: Complete_with_DocuSign_02_PSA_Fire_Resources (5746 : 2022 Grant Acceptance for State Homeland Security Program (SHSP)) behalf of Consultant 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 Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices 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 Consultant’s insurance and shall not contribute with it. c. 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.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant 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.

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 Consultant 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 named insured or City of Santa Monica.

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.

DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745

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Packet Pg. 121 Attachment: Complete_with_DocuSign_02_PSA_Fire_Resources (5746 : 2022 Grant Acceptance for State Homeland Security Program (SHSP)) Claims Made Policies

1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. 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 Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

Verification of Coverage
Consultant 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). All certificates and endorsements are to 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 Consultant’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.

Failure to Maintain Insurance Coverage
If Consultant, 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 Consultant resulting from said breach.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745

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Packet Pg. 122 Attachment: Complete_with_DocuSign_02_PSA_Fire_Resources (5746 : 2022 Grant Acceptance for State Homeland Security Program (SHSP)) City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 5.C
1 of 4
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Revenue Subject: Award RFP No. 363 and enter into Agreement with TeamCivX to provide strategic advisory and communication services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Award RFP 363 to TeamCivX, LLC, to provide strategic advisory and communication services regarding potential ballot measures for the Finance Department.

3. Authorize the City Manager to negotiate and execute a professional services agreement with TeamCivX, LLC, a California Corporation, in an amount not to exceed $400,000 for a five-year period, with future year funding contingent on Council budget approval.

Summary
As the City continues its economic recovery, it is imperative to seek additional revenue streams to advance City services and Council priorities. The City is considering potential revenue ballot measures, including, but not limited to, business license tax modernization. To provide expert advice and strategy for this work, the City seeks the services of a strategic advisor. Staff recommends a five-year agreement with TeamCivX in an amount not to exceed $400,000 to provide strategic advisory and communications services regarding potential ballot measures.

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Discussion
As the City focuses on mobilizing its resources to finance priority areas identified by Council and increase services, additional revenue streams are needed to fill the financial gaps that are attributed to the pandemic and legal settlements. TeamCivX would provide strategic advisory and communications services to help the City evaluate the feasibility of local funding measures, design approved measures for the November 2024 ballot that align with community priorities and implement informational communication efforts to raise awareness of the City’s needs and potential ballot measures.

TeamCivX is a new company, but its core personnel have worked with the City on several successful ballot measures in the past. The scope of service would include working with City staff to discuss the feasibility of revenue ballot measures, assistance in planning for and evaluating expected voter acceptance of prospective revenue measures, and recommended approach for potential measures based on available data and professional expertise. They would also assist with the prioritization of multiple options and determine the support threshold for potential measures. This would include communication to educate voters on revenue measures and provide transparency.

TeamCivX would also partner with the City’s existing polling consulting firm to design and evaluate a statistically reliable poll of voters in Santa Monica to test potential revenue measure strategies and messaging for the November 2024 ballot.

The five-year agreement with TeamCivX would span three election cycles. Staff estimates $270,000 ($7,500 per month) spent on strategic advisory and communications services, plus $130,000 allocated for three years of mailers, for a total amount not to exceed $400,000.

Consultant Selection
Bidder Recommendation
Best and Only
Bidder
TeamCivX
Evaluation Criteria Experience with similar projects and working with municipalities, technical competence, value added-breadth of services, ability to

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meet work plan/timelines, and cost of services.

Municipal Code SMMC 2.24.190
RFP Data
Date Posted Posted On
Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Date Publicly
Opened
5/10/2023 City's Online
Bidding Site
Santa Monica Daily
Press
15 5/31/2023
Environmental Review
The award agreement is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award agreement is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The award agreement will provide strategic advisory services to the City. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Additional Vendor Outreach & Justification to Award
Staff reached out to several firms that downloaded the RFP for feedback on why they did not submit a proposal. Some firms that downloaded the proposal later determined that the scope of service did not fit with their firms’ business, inadvertently forgot to submit the proposal, or declined to comment.

Based on the evaluation criteria described above and criteria in SMMC 2.24.190, staff recommends TeamCivX as the best qualified person or firm due to their team of seasoned professionals with many years of experience working with municipalities. TeamCivX is a new company, but its partners have assisted with 500 local revenue ballot measures in California since 2001, raising tens of billions of dollars in voter-approved local revenue. Approximately 90% of the measures for which they have provided assistance have been approved by voters. Locally, in the past, their staff has worked with the City of Santa Monica, Santa Monica-Malibu USD (multiple bonds and parcel taxes since 2008) and Santa Monica College (two most recent bond measures). They have also helped three Los Angeles County agencies with public education programs related to successful countywide funding measures.

Statewide, they have helped Cities with sales taxes, transient occupancy tax measures, business license tax measures, documentary/real estate transfer taxes, cannabis-related measures, and others.

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Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to award a five-year agreement with TeamCivX for strategic advisory and communication services regarding potential ballot measures.

Agreement Request
FY 2023-24
Request Amount Future Years Amount Department Account # Total Contract Amount $133,333 $266,667 01300005.552010 $400,000
Future year funding is contingent on Council budget approval.

Prepared By: David Carr, Assistant City Treasurer
Approved Forwarded to Council
Attachments:

A. TeamCivX OAKS INITIATIVE FORM

5.C
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CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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 theofficial 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 SantaMonica.

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, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson 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 months.

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Packet Pg. 127 Attachment: TeamCivX OAKS INITIATIVE FORM (5751 : Award RFP No. 363 and enter into Agreement with TeamCivX)

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-monthperiod;

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 inany 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:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Packet Pg. 128 Attachment: TeamCivX OAKS INITIATIVE FORM (5751 : Award RFP No. 363 and enter into Agreement with TeamCivX) City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 5.D
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award RFP to Geoscience Support Services, Inc. for On-Call Hydrogeological Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines.

2. Award RFP# 345 to Geoscience Support Services, Inc., for on-call hydrogeological services for the Public Works Department.

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Summary
The City of Santa Monica’s Water Resources Division within the Department of Public Works operates and maintains 10 groundwater wells that provide the majority of the City’s locally-sourced water supply. The groundwater wells require routine maintenance, condition assessment, and from time to time may need to be rehabilitated or replaced to preserve the City’s ability to deliver reliable, high-quality, and affordable potable water.

Access to local groundwater also helps the City reduce its reliance on imported water supplies that have been severely impacted by on-going climate change effects across the southwest United States. Staff solicited proposals for on-call hydrogeological services to assess the condition of the City’s groundwater wells and to oversee the design, replacement, and rehabilitation of wells, if needed.

Staff recommends awarding Request for Proposal (RFP) #345 to Geoscience Support Services, Inc., to provide these services and executing an agreement with Geoscience Support Services, Inc., in an amount not to exceed $1,402,000 over a five-year period, with future year funding contingent on Council budget approval.

Discussion
The City’s local groundwater supply comes from three groundwater well fields: Arcadia, Charnock, and Olympic. Two of the wells in the Charnock Well Field, the City’s largest groundwater aquifer, are over thirty years old and will need to be rehabilitated or replaced within the next five years. Combined, these two wells account for approximately 25 percent of the City’s local water supply. In addition, production from one well in the Arcadia Well Field has decreased by more than half its original capacity, signaling that it has passed its normal useful life, and thus requires evaluation for potential major rehabilitation or replacement.

Hydrogeological consulting services are needed to assess the condition of the City's wells and to provide recommendations on whether to rehabilitate or replace them.

Services are also needed to analyze the City’s overall groundwater production portfolio, including recommending best practices for on-going operation and maintenance, evaluating locations that may be suitable for replacement groundwater wells in the

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future, and reviewing groundwater quality. Proactively managing the City’s groundwater wells is a key element in helping the City maintain a reliable and sustainable local groundwater supply, reducing the City’s reliance on imported water, and helping maintain overall affordability of the City’s drinking water supply as local groundwater has historically been 30% cheaper than imported water supplies.

Consultant Selection
Bidder Recommendation
Best Qualified
Person/Firm
Geoscience Support Services, Inc.

Evaluation
Criteria
Training/credentials/experience, competence/skill, capacity/ability to perform services promptly, character/reputation, ability to provide future services as needed and price.

Municipal Code SMMC 2.24.190
Submittals Received
Geoscience Support Services, Inc. INTERA
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
2/21/2023 City's Online
Bidding Site Santa Monica Daily Press 27 4/4/2023
Justification to Award
Proposals were reviewed by a selection panel consisting of staff from the Water Resources Division. The evaluations were based on the firms experience with projects of comparable complexity, scale, and nature; training and proven expertise in the area of work required; ability to complete work within a desired time frame; consultant’s ability to provide insight and information; cost effective work and services; and references from clients with similar projects. Based on the evaluation criteria and criteria in SMMC 2.24.190, staff recommends Geoscience Support Services, Inc., as the best qualified firm to provide on-call hydrogeological services based on their extensive and prior experience in developing similar projects for other California municipalities and water production agencies including the City of Oceanside, City of Lakewood, and Elsinore Valley Municipal Water District.

Environmental Review

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The on-call hydrogeological consulting services is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award agreement is covered by the commonsense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The award agreement is administrative in nature and would not result in physical effects. A complete CEQA review will be conducted for any construction projects that are identified through the oncall hydrogeologic services.

Past Council Actions
Meeting Date Description
11/27/2018 (Attachment A) Sustainable Water Master Plan Update Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to award an agreement with Geoscience Support Services, Inc., for on-call hydrogeological services.

Agreement Request
FY 2023-24 Budget
Request Amount
Future Years
Amount
Department / CIP
Account #
Total Contract
Amount
$640,000 - C5006050.689410 $640,000
- $762,000 50500001.552010 $762,000
$640,00 $762,000 $1,402,000
Future year funding is contingent on Council budget approval.

Prepared By: Sunny Wang, Water Resources Manager
Approved Forwarded to Council

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Attachments:

A. November 27, 2018 Staff Report (Web Link)
B. Oaks Initiative Form - Geo Science

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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:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:

Bid/PO/Contract # ____________________________ Permit # ___________________________ Terry Watkins,PG, CHG Client Manager/Sr. Geohydrologist April 4, 2023
[email protected] (909) 451-6650
Geoscience Support Services, Inc.

Dennis Williams, PhD, PG, CHG - Owner and President; Virginia Williams - Owner; Mark Williams, PhD, PE - CEO, CFO, and Secretary
Dennis Williams, Virginia Williams

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Packet Pg. 134 Attachment: Oaks Initiative Form - Geo Science (5753 : Award On-Call Hydrogeological Services RFP) City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 5.E
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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.

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 (CalOSHA) standards at City Hall, the Public Safety Facility, the Montana Branch Library, Big Blue Bus facilities, Woodlawn Cemetery, the Arcadia Water Treatment Plant, and

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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 fouryear 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 CalOSHA 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

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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.

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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

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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
[email protected] 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
[email protected]

ACCOUNT CONTACT EMAIL CELL PAYMENT TERMS
Paul Betts [email protected] (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

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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.

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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

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To accept this quotation, sign & date here and return: _________________________________________ SAFEGUARD INDUSTRIES LOOKS FORWARD TO WORKING WITH YOU!

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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

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_____________________________________________________________________________________________ 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
[email protected] 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 nonconformity. 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.

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_____________________________________________________________________________________________ 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
[email protected] 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

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_____________________________________________________________________________________________ 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
[email protected] 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.

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Attachment: Oaks Initiative Form - Safeguard US, Inc. [Revision 1] (5755 : First Modification with Safeguard US, Inc. for Fall Protection Services) Contract No. 11149
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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

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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

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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 ("DesignBuilder"), 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

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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

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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 DesignBuilder 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 DesignBuilder’s failure to achieve Substantial Completion of the entire Work within the Contract Time.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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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 DesignBuilder'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

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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 DesignBuilder 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

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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 Subsubcontractors 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 wellsupervised 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

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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 Subsubcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Design-Builder or its Subcontractors or Subsubcontractors, 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

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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

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12.2 Notice Recipients.

All notices, demands or requests (including, without limitation, Claims) from DesignBuilder 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

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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, DesignBuilder 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.

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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.

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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, DesignBuilder 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 DesignBuilder. 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
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(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:

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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 DesignBuilder 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 DesignBuilder 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.

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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.

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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.

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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.

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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.

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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

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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
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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
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CONSTRUCTION

BID FORM
SP#: 2643
Project Name: Fall Protection

Contractor Project Manager Name:____________________________ Email and Phone:___________________________________________ Paul Betts [email protected] ; (702) 553-9967 Safeguard US Inc.

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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.

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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.

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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

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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

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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 GooshehSafeguard US Inc. 1021082 6335 North Hollywood Boulevard, Suite 140 Las Vegas, Nevada 89115 Paul Betts (702) 553-9967 [email protected] Siamak Goosheh [email protected] Paul Betts
[email protected]
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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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:

Safeguard US Inc. June 18 2012
N/A for all
N/A for all N/A for all
Nevada Austin Townsend Ahsan Mesia -
-
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 182 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 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
Safeguard US Inc.

N/A for all
8 Safeguard US Inc is owned by Kee Safety - A leading OEM of Engineered Fall Protection Systems
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 183 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 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.

Safeguard US Inc. EBERHARD ROOFING License #329087 1000044231 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 184 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 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:
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Safeguard US Inc. Adefisayo Haastrup David Oyakhilome 1 4 1 2
Darcy Venderham 4
3 Many including:

Beverly Center Facade Access
- Los Angeles, CA - Swinerton
- San Ysidro Border Station
Bldg Phase 3 - San Ysidro, CA
- Clark Construction
Rampart Mint - Los Angeles,
CA - Dreyfuss Construction
Many including:

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Packet Pg. 185 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 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: ____________________
Safeguard US Inc. Northbridge Insurance
Skanska USA Building Inc, One California Street, Suite 1400, San Francisco, CA 94111 Imran Iqbal, Vice President Bank of America 702-305-9598 604 683 5511 A 300 S 4 street Las Vegas NV 89101
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 186 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 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: ___________________________________________________________ Safeguard US Inc. 0.86
2020

0.88 2019

0.93 2018 Priscilla Flores Willis Towers Watson
920 Memorial City Way, Ste. 500, Houston, Texas 77024 713-625-1126 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 187 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 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
Safeguard US Inc.

Please refer to project
lists - Attachment B
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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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?
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

5.E.d
Packet Pg. 189 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 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
Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 190 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 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:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 191 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 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.

Safeguard US Inc. No
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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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
Safeguard US Inc. N/A N/A
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 193 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 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:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 194 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 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

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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

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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

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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

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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

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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

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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 EntitiesCity 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
OthersAny 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

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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.

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

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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.

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

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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

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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

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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.

Please direct any questions to:

Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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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

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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.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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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 # Permit #
Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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ATTACHMENT H – PREVAILING WAGE REQUIREMENTS

CITY OF SANTA MONICA PREVAILING WAGE REQUIREMENTS
WHAT 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

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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

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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

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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

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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

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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

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Prevailing Wage- Attachment 1 Issues List
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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
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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.

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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 [email protected] Estimating Manager Siamak Goosheh Jan 14, 3032 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Prevailing Wage- Attachment 3
City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts (Page 1 of 2)
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City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts (Page 2 of 2)
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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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

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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

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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 NonPerformance 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

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Prevailing Wage- Attachment 6
Prevailing Wage Job Acknowledgment Form
First Page for Prime Contractors/Consultants/Vendors
Second page for Subcontractors/Subconsultants
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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 N Aug. 22 2020 Safeguard US Inc. 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 [email protected] (888) 936-0752 1000044231 1021082 N/A Siamak Goosheh - Estimating MamnagerSiamak Goosheh Jan 14, 2021 6 Y DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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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).

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 [email protected] Eberhard Roofing #329087 1000001523 N/A Chris Duncan Jan 14, 2021 Chris Duncan - GM LOS-2020-2 8/22/2019 3 Y DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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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
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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
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ATTACHMENT J – SCOPE OF WORK

INTRODUCTION
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.

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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.

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ATTACHMENT K – ROOF FALL HAZARD RISK ASSESSMENT
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ROOF FALLHAZARD RISK

ASSESSMENT
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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
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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

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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).

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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:

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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
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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 CalOSHA regulations and for working safely at heights at elevated work locations.

5.0 General Recommendations
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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.

Santa Monica City CouncilJuly 18, 2023

Santa Monica City Council
July 18, 2023