4/1/2021 4/1/2021 92-861-849772-4
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 4/1/2021 92-861-849772-4 4/1/2021
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 31 July 2020
TO WHOM IT MAY CONCERN
Dear Sirs
As Insurance Brokers to Safety Topco Limited (DBA Kee Safety Group) and their subsidiary companies which includes the undernoted subsidiary companies domiciled in the United States of America:
Subsidiaries of Kee Safety;-
Easy Fit, Inc and Kee Safety Inc of 100 Stradtman Street, Buffalo, New York. 14206 Simplied Safety Inc 803 West Avenue, Rochester, New York, 14611 LNA Solutions Inc of 3924A Varsity Drive, Ann Arbor, MI, 48108 SESCO LLC 1215 S. 41st Street, Manitowoc, WIM 54220
Lighthouse Safety LLC of 3620 North 126th Street, Brookfield, WI, 53005 Lighthouse Safety LLC of 3540 North Street, Brookfield, WI, 68707 Flexible Lifeline Systems Inc of 2437 Peyton Road, Houston, Texas, 77032 Safeguard US Inc of 6335 N Hollywood Boulevard, Suite 140, Las Vegas, NV89115 We are writing to confirm that our clients hold the following policies:
Multinational Master Liability policy
Insurer Chubb European Group SE
Policy Number UKPKNC74454
Period 01 July 2020 to 30 June 2021 both days inclusive Limits of Indemnity
DIC/ DIL Coverage
Public & Products Liability
USD 17,500,000 any one occurrence in respect of Public Liability and in the aggregate for Products Liability
This policy acts as a Master Policy and provides Difference in Conditions and Difference in Limits cover for policies issued locally overseas under this programme including General Liability policy number 99506007 issued in the United States of America by Federal Insurance Company, Excess General Liability policy number 78189614 issued by Federal Insurance Company and Umbrella Liability policy number G46656647 issued by Chubb Insurance.
Difference in Conditions
Where a claim is made under a Local Policy as defined in Definition 8 of this Section and is rejected as not being within its policy terms and conditions then this Section will operate to provide an indemnity but only to the extent that the Company would have accepted the claim had it been made under this Section provided however that the Company shall not be liable to pay the amount of any deductible that would have applied under such Local Policy.
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D It is a condition precedent to any liability of the Company under this Policy that the Local Policies shall be maintained in full (other than in respect of the erosion of any aggregate Limits of Liability) and that any warranties contained therein shall be complied with.
Difference in Limits
In the event that a claim is payable under a Local Policy as defined in Definition 8 of this Section and the total amount of the claim exceeds the limit of liability thereunder this Section will provide an indemnity up to the difference between the limit of liability payable under such Local Policy and the corresponding limit for this Section stated in the Schedule under Limit of Liability.
It is hereby understood and agreed that the terms, definitions, exclusions and conditions contained in or endorsed onto this Section shall be those used to determine the Company’s liability under this Difference in Limits Multinational Condition.
Indemnity to Principals/ Additional
Insureds
Additional Insureds named under any local policy issued in conjunction with the Master Policy through an Indemnity to Principals clause as follows:-
Indemnity to Principals and Others
The Company will also indemnify in the terms of this Section a) in the event of the death of the
Insured his/her legal personal
representative in respect of liability
incurred by the insured
b) any principal with whom the Insured
has entered into an agreement to
the extent required by such
agreement but only in respect of
liability for which the Insured would
have been entitled to indemnity
under this Policy if the claim had
been made against the Insured
This letter is provided as a courtesy to our client as a matter of information only and confers no rights on the holder. Our duties in relation to this insurance are to our client and we accept no duty of care or responsibility to you or any other third party and any liability to you or any third party is excluded. This letter does not amend, extend or alter the coverage afforded by the policies, nor does it purport to set out all of the policies’ terms, conditions and exclusions. The policy terms, conditions, limits and exclusions may alter after the date of this document or the insurance may terminate or be cancelled, and the limits shown may be reduced by paid claims. We have no obligation to advise you of any changes which may be made to the policies or to advise you of their cancellation or termination.
Signed on behalf of WILLIS LIMITED
Andy Chapman ACII
Account Director
Authorised Signatory
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D Willis Limited
Building 1410
Arlington Business Park
Theale
Reading
RG7 4SA
D +44 (0) 118 949 8055
E [email protected]
W willistowerswatson.com
Willis Limited, Registered number: 181116 England and Wales. Registered address: 51 Lime Street, London, EC3M 7DQ. A Lloyd’s Broker. Authorised and regulated by the Financial Conduct Authority DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D
COMMERCIAL AUTO
ECA 02 505 04 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ECA 02 505 04 14 Copyright, Everest Reinsurance Company, 2014 Includes copyrighted material of Insurance Services Office, Inc., used with its permission
NOTICE OF CANCELLATION BY US TO THIRD PARTY –
BLANKET
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
Schedule
___30____days before the effective date of cancellation by us we will mail or deliver notice to any additional insured or “certificate holder” under this Coverage Part:
The following Condition is added to the policy:
Notice of Cancellation By Us To Third Party
1. If we cancel this policy for any reason other
than non-payment of premium, notice of
cancellation of not less than the number of
days shown in the Schedule will be mailed or
delivered to any third party identified in the list
you have provided to us as described below.
2. We will mail or deliver our notice to the third
party at the address shown in the list you
have provided to us.
3. If notice is mailed, proof of mailing will be
sufficient proof of notice.
4. We will not notify the third party if cancellation
is at your request.
5. We will not notify the third party in the event
of non-renewal.
6. We will not notify the third party if cancellation
is due to non-payment of premium.
7. We will not notify any third party not contained
on the list you have provided to us.
8. Our failure to notify the third party does not
invalidate cancellation as respects you.
You agree that as a condition precedent for us
providing such notice, you will:
a. Provide us with a complete list of each
additional insured or “certificate” holder,
including appropriate designees and
complete mailing addresses;
b. Provide the list to us no less than 7 days from
the date we request it; and
c. Notify us of any changes to the list within 5
business days of such change.
For the purpose of this endorsement, “certificate”
shall mean a certificate of insurance issued as
evidence of this insurance.
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D EXHIBIT 8
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 5/26/2021
Fenner & Esler
467 Kinderkamack Road
P. O. Box 60
Oradell NJ 07649-0060
Kevin Esler
(201)262-1200 (201)262-7810
[email protected]
D.H. Charles Engineering, Inc.
4706 Hoen Avenue
Santa Rosa CA 95405-7879
Lexington Insurance Company 19437
Maaster 21-22
A PROFESSIONAL LIABILITY 027015060 6/1/2021 6/1/2022 PER CLAIM LIMIT $5,000,000 Retro Active Date: 12/01/1996 Per Claim Deductible $25k AGGREGATE LIMIT $5,000,000
EVIDENCE OF COVERAGE
Kevin Esler/JEAN
The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
CLAIMS-MADE OCCUR
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $
CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER
STATUTE OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX
(A/C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INS025 (201401)
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D EXHIBIT 9
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D EXHIBIT 10
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D City Council
Report
City Council Meeting: April 13, 2021
Agenda Item: 3.A
1 of 4
To: Mayor and City Council
From: Rick Valte, Acting Public Works Director, Public Works, Architecture Services Subject: Award Bid #SP2643 to Safeguard US Inc. to provide design/build services for fall protection equipment at several City facilities
Recommended Action
Staff recommends that the City Council:
1. Award Bid #SP2643 to Safeguard US Inc. for the Fall Protection Project for the Risk Management Division;
2. Authorize the City Manager to negotiate and execute a contract with Safeguard US Inc., in an amount not to exceed $1,631,934 (including an 8% contingency);
3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.
Summary
The City of Santa Monica strives to provide safe and inviting areas to visit, work and relax at the City. In 2018, a consultant for the City’s Risk Management Division completed a roof fall hazard risk assessment for 16 City-owned facilities (Attachment A).
Fall protection hazards, per Cal-OSHA standards, were identified at City Hall, Public Safety Facility, Montana Branch Library, Big Blue Bus facilities, Woodlawn Cemetery, Arcadia Water Treatment Plant, and City Yards. On November 24, 2020, staff issued Request for Bids (RFB) SP #2643 for a design/build contractor to address fall hazard locations at the facilities noted in the assessment. Staff recommends awarding SP #2643 to Safeguard US Inc. in the amount of $1,631,934, including $120,884 in contingency. The Fall Protection Project would remedy unsafe working conditions for City staff and prevent potential injuries related to trip and fall hazards.
Discussion
Facilities owned by the City of Santa Monica range from new construction to historic buildings. The California Division of Occupational Safety and Health (Cal-OSHA) fall protection requirements for new and existing structures is revised periodically. Some of DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 2 of 4
the structures owned by the City do not meet current Cal-OSHA standards. In 2017, Risk Management noted that some City-owned facilities require safety improvements to align with Cal-OSHA regulations. Subsequently, Risk Management directed the City’s safety training consultant, Global Health Environment Inc., to perform a survey of several high-risk locations. The Interim Rooftop Fall Protection Policy was developed to identify areas that should not be traversed or serviced until appropriate fall protection safety measures are implemented. Multiple City-owned facilities need retrofits to meet Cal-OSHA fall protection standards, ensure safe work areas for City staff, and reduce the City’s legal exposure to potential fall incidents at the noted facilities.
The areas that do not meet current Cal-OSHA standards are used by the City’s maintenance staff and are not accessible to the public. Special precaution has been taken into consideration whenever working at or around these noncompliant areas. As a property owner, the City is responsible to update its facilities and meet building code requirements. The City Council approved the Fall Protection Project with the FY 2020- 22 Adopted Capital Improvement Program Biennial Budget to retrofit multiple Cityowned facilities and comply with Cal-OSHA fall protection standards.
Vendor Selection
Bidder Recommendation
Best Bidder Safeguard US Inc.
Evaluation Criteria Price; the quality of the product; the ability to deliver; capacity and skill of the bidder to perform or provide the materials or services; and compliance with City specifications.
Municipal Code SMMC 2.24.180
Bid Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
11/24/2020 City's Online
Bidding Site
Santa Monica Daily Press 29 01/14/2021
Best Bidder Justification
On January 26-28, 2021, the three bidders were invited to present their bid proposals Submittals Received
Ground Level Construction $1,798,674 Tractel Ltd. $964,411 Safeguard US Inc. $1,511,050
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 3 of 4
and solutions for the current conditions of the locations listed in the fall protection assessment. The lowest bidder, Tractel, is a qualified company but lacks the proper contractor license that the City stated as a requirement in the RFB. Safeguard US Inc., a company based in Nevada with general contractor license in the State of California, was determined to be the best responsive bidder. Safeguard US Inc. meets all City’s requirements. They offer extensive experience, a successful track record, stability, similar references to the proposed scope of work, and reasonable pricing.
On February 16, 2021, Tractel Ltd. submitted a bid protest alleging, among other things, that Tractel is the lowest responsive and responsible bidder. However, Tractel does not possess the required contractor license for this project as noted in the RFB. In accordance with the appeals procedure set forth in the Notice Inviting Bids, the Acting Public Works Director evaluated the bid protest and issued a final determination recommending Safeguard US Inc. as the best bidder. Copies of the bid protest and the Acting Public Work Director’s Bid Protest Determination letter are available in Attachments B and C, respectively.
Financial Impacts and Budget Actions
Staff seeks authority to approve available CIP funds from the Cemetery Fund, General Fund, Water Resources Fund, and Big Blue Bus Fund to award a contract with Safeguard US Inc. for the design, procurement, and installation of fall protection safety equipment.
Contract Request
FY 2020-21Budget
Request Amount CIP Account # Total Contract Amount
$150,000 C5907940.689000 $150,000
$750,934 C0107940.689000 $750,934
$425,000 C5007940.689000 $425,000
$306,000 C6007940.689000 $306,000
TOTAL: $1,631,934
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 4 of 4
Prepared By: William Clerk, Architectural Associate
Approved Forwarded to Council
Attachments:
A. Roof Assessment Phase 1
B. Tractel Bid Protest Letter
C. Bid Protest Determination
D. Safeguard-OaksForm
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D