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March 20, 2026
Via Email: [email protected]
Mr. Luis Tapia
Public Works Supervisor - Facilities/Parks Division
City of Garden Grove
11222 Acacia Parkway Room 220
Garden Grove, California 92840
RE: City of Garden Grove Parks; Garden Grove, California Proposal No: 173737.25P
Dear Mr. Tapia:
We are pleased to provide City of Garden Grove (hereinafter referred to as "Client") with the following proposal. If accepted, Bureau Veritas Technical Assessments LLC (hereinafter referred to as "BVTA") will perform the services listed below (collectively, the "Services") meeting the specifications hereafter described Property(ies)
See property list and fee breakdown at end of proposal
Proposed Service(s) & Fee(s)
service(s) Lump Sum Fee(s)
Parks Condition Assessment - Phase 1 $40,384.57
Parks Condition Assessment - Phase 2 $29,549.68
All fees referred to in this document are expressed in US Dollars. Pricing is not inclusive of taxes. If applicable, taxes shall be included at the time of invoicing, payable by the client and remitted by BVTA to the taxing municipality. The proposed fees are limited to the specific Services described in this Proposal, performed according to the requirements of the corresponding ASTM standard practices, or Client-specified Protocols.
Deliverables) - Phase 1
The quoted price includes the delivery of:
# of Report Type Method of Delivery
10 Draft Email Full Report (PDF)
10 Final Email Full Report (PDF)
Deliverable(s) - Phase 2
The quoted price includes the delivery of:
#of Report Type Method of Delivery
9 Draft Email Full Report (PDF)
9 Final Email Full Report (PDF)
Unless otherwise specified, BVTA will submit all reports in Final format. Timing for completion of any requested post-delivery modifications to the report will be determined at the time of the request.
BVTA's proposed fees include electronic deliverables only. If hard copy or fixed media deliverables are required in addition to electronic deliverables, BVTA will provide pricing for production and delivery upon request.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM
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Timing
BVTA's reports) will be delivered within 60 full business/working days after receipt and approval of the signed proposal document.
After engagement, a call will be placed to the designated onsite Point of Contact (POC) provided by the Client in order to schedule the site visits), where applicable. The Client acknowledges that the Point of Contact provided shall be deemed an agent of the Client for the purposes of providing access and conveying information pertaining to the Site.
Projects Placed on Hold or Canceled
Should the Client place the awarded project on hold or cancel the engagement after contract execution, the Client agrees to pay project-specific costs incurred by BVTA, such as administrative processing, regulatory database searches and non-recoverable travel fees, as well as a percentage of the project fee, depending upon the time the project is placed on hold or cancelled. Please note that BVTA invoices canceled jobs at the time of cancellation.
Jobs on hold will be automatically invoiced 30 days from the date of the hold request. Requests to cancel or place projects on or off hold must be received by BVTA in writing (email acceptable) from the Client. Invoices billed as a result of projects being placed on hold or canceled are fully collectible.
Payment Details
BVTA will submit a monthly consolidated invoice inclusive of all services performed to date. The per site fee will be established per the schedule of values provided at the program kick-off and invoiced at the billing milestones stated below. Invoices will be payable within 30 days of receipt:
Billing Milestone Percentage Invoiced
Completion of onsite assessments 50% of per site fee
Delivery of Draft Reports 45% of per site fee
Delivery of Final* Reports 5% of per site fee
*If comments on the Draft reports are not received within 60 calendar days, BVTA will invoice for Final Reports.
Upon receipt of each monthly invoice, the amount due per billing milestone is fully collectible. Please forward payments to: Accounting Department, Bureau Veritas Technical Assessments LLC, PO Box 74007289, Chicago, IL 60674-7289 or contact your BVTA administrator to pay via credit card or to receive wiring instructions.
BVTA recommends payment by credit card for amounts less than $1000. Please ensure that Proposal #173737.25P or invoice number is clearly identified on all payments and correspondence for proper credit.
Terms & Conditions
BVTA will perform its Services subject to the attached "Terms & Conditions", which are incorporated by reference and made a part of this Proposal. Please indicate your acceptance of this Proposal by signing the attached "Project Authorization" page where indicated and return it to BVTA.
Please feel free to contact me at 800-733-0660 x.7297954, or at [email protected] should you have any questions. BVTA welcomes the opportunity to be of service.
Sincerely,
Bureau Veritas Technical Assessments LLC
June Begory
James P. Gregory
Associate Vice President
Attachments:
Description of Services
Terms & Conditions
Project Authorization
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM
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Description of Services
Parks Condition Assessments
Project Understanding
Bureau Veritas (BV) understands that the Parks Condition Assessment for the City of Garden Grove ("Client") will:
• Include a comprehensive assessment of all park sites listed below. • The Assessments will follow the ASTM E2018-24 Standard Guide for Property Condition Assessments as applicable.
• Determine the present condition and estimated life expectancy of various park systems/components, and parks equipment.
• Identify and document present condition of all physical assets including park grounds, infrastructure, and amenities.
• GIS tag all major park systems, amenities, and infrastructure, including main components of irrigation system. • Recommend corrections for all deficiencies and provide cost estimates for corrections. • Prioritize and categorize deficient conditions, associated corrective actions, and information concerning building systems and deficiency categories.
• Establish anticipated renewal and replacement costs for the various park systems and components. • Result in strategic plan for capital repairs, lifecycle component replacement, and building modernization. • Calculate the Current Replacement Value (CRV), and Park Condition Index (PCI) for each park.
Property Information - The Client has requested the abovementioned services for:
• Phase 1 - Ten (10) Parks:
Atlantis Play Center
Chapman Sports Complex
Eastgate Park
Edgar School Park
Faylane Park
Garden Grove Park
Magnolia Park
Village Green Park
Westgrove Park
Westhaven Park
• Phase 2 - Nine (9) Parks:
Civic Center Complex
Gutosky Park
Hare School Park
Jardin De Los Ninos
Pioneer Park
Shelly/Kensington Play Area
Spirit of 76 Mini Park
Haster Basin Recreation Park
Woodbury Park
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM
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We understand that a key factor to performing Parks Condition Assessments is the evaluation of physical needs and accurate forecasting for capital repair and replacement budgets. Pre-emptive measures to manage maintenance budgets and programs are essential in ensuring the elimination of potential issues, which can range from deferred maintenance, or premature replacement of building systems that can prove costly.
BV's Project Approach has been developed to address your specific requirements. BV has demonstrated experience in the assessment of various types of parks representative to your portfolio and understands the special implementation, sensitivities, management, and communication associated with each.
Data Gathering and Interview
Our project plan details three distinct phases of the project. During each phase, we will require coordination and support from parks management.
Data Gathering Phase - During this phase, we will need the support of staff who can provide us access to drawings and records. The following is a typical list of exhibits requested. • Inspection Reports
• Park Systems Maintenance Records
• Owner Elected Repair list (if available)
• Parks Maps (can be viewed on-site)
• Capital Expenditure Schedules (prior or planned)
• Rehabilitation Budget and Scope (draft or final)
• Prior Assessments
• Site Plans
• Accessibility Transition Plans / Studies
• CMMS / IWMS Data Set
In addition to the drawings and records, we will supply a pre-survey questionnaire for each site. Our expectation is that someone with knowledge of maintenance and operations of the facility will complete this survey and be prepared to discuss it with us while on-site.
Site Phase - During the site phase, we will need support in the form of escorts while on the park sites in order to help us access locked areas, to discuss with us any known issues, and to answer other technical questions.
Report Review Stage - During the reports review stage - we will provide a complete deliverable for each facility and/or park site assessed.
Client Coordination
Project Directory: BV will become familiar with Client's existing property list and contact directory for each location. We will contact or interview the parks contacts as part of a tour process to determine current use requirements and priority of properties based on agency goals.
Park Access: Working with Client we will develop procedures to gain access to each any locked areas that require assessment. Our visits will be coordinated and pre-approved by Client prior to the visit. We will work with Client to establish a protocol that will ensure that our activities will have minimal disruption to the operation of each park and will maintain a safe work environment.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM
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Technical Approach
Prior to assessments beginning, BV will conduct a Kickoff session to review requirements and to consolidate exhibits such as drawings, surveys and prior completed reports.
During the term of the project, BV will conduct regular Progress Meetings to maintain open communication with the entire project team and Client. In these meetings, BV will lead with an agenda that includes a focus on work plan, schedule, and project needs. This will permit the opportunity to proactively address challenges encountered, so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals to be met. BV will provide Client with a written status report that tracks and monitors the progress of the assessments against the schedule submitted.
BV has allocated the following in-person meetings: Kick Off Meeting, and a Final Findings Presentation meeting.
Any additional in-person meetings will be on a time and expense basis.
Field Assessments - Parks
The assessment team will conduct a walk-through survey of the park sites to observe systems and components, park amenities, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies. • As a part of the walk-through survey, the assessment team will survey 100% of each park and site. BV will survey the exterior and grounds, including the building exterior, roofs, sidewalk/pavement, and recreational areas as applicable.
• The assessment team will interview the parks and recreation maintenance staff about the subject property's historical repairs and replacements and their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency of repairs and replacements. • The assessment team will develop opinions based on their site assessment, interviews with Client's maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously evaluated. The assessment team may also question others who are knowledgeable of the subject property's physical condition and operation or knowledgeable of similar systems to gain comparative information to use in evaluation of the subject property. • The assessment team will review documents and information provided by Client's maintenance staff that could also aid the knowledge of the subject property's physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.
The park condition assessments will focus on the following areas:
Parks and Amenities
Site + Infrastructure
• Topography: Observe the general topography and note any unusual or problematic features or conditions observed or reported.
• Paving, Curbing, and Parking: Identify the material types of paving and curbing systems at the subject property.
• EV Charging Stations: Determine the age of the equipment and review for deterioration from weather and use. Identify the remaining useful life of the charging station equipment and the cost to replace the equipment.
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• Flatwork: Identify the material flatwork at the subject property (sidewalks, plazas, patios, etc.). • Landscaping and Appurtenances: Identify the material landscaping features, material types of landscaping (fences, retaining walls, etc.), and site appurtenances (irrigation systems, fountains, lighting, signage, ponds, etc.).
• Utilities: Identify the type of the material utilities provided to the property (water, electricity, natural gas, etc.).
We will assess condition, physical deficiencies, life cycle repair, and replacement issues. • Fencing and Walls: Identify the material fencing/walls at the park site. Observe the general conditions and note any physical deficiencies observed or reported.
• Above-Ground Storm Drain: Observe the general conditions and note any reported physical deficiencies or unusual damage.
Exhibits and Wayfinding Signage
• Review the exhibit signage for deterioration and estimate its remaining useful life (RUL) and the cost to replace • For larger exhibits review any building materials used in the exhibit design and opine on their condition and Remaining Useful Life and the cost to replace the materials. • Comment on the condition of the paving and retaining walls at exterior exhibits and estimate their Remaining Useful Life
Ball Field + Playfield + Recreational Courts
• Identify the orientation, size, use, material structure, and condition of each ball field / playfield / tennis or basketball court within each park facility.
• Check for compliance against National Recreation and Park Association (NRPA) standards including facility size, orientation, and density.
• Identify the playing surface, presence of drainage / irrigation systems, and lighting. Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions observed.
Playground Areas
• Identify the, size, and material structure of all playground equipment at each park facility. • Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions observed.
Restrooms / Changing Rooms / Showers
• Assess all park restroom facilities for deterioration or major deficiencies • Identify materials used and general condition of doors, locks, paint and hardware Parking Lots
• Assess the flatwork, paving, lighting and curbing at all park lots • Observe flatwork condition for cracks or major deficiencies • Review and note any compliance or accessibility issues at each site Shelter / Picnic Area
• Identify the material elements of all overhead shelters and picnic area tables • Observe the general condition of all picnic area elements and note any major deficiencies BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM
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Amenity Inventory and Life Cycle Analysis
• Observe general conditions and note any physical deficiencies identified or any unusual items or conditions observed.
• Collect GPS coordinates of amenities or appurtenances. • Our observation will include, but are not limited to:
Adventure Course
Amusement Ride
Aquatics, Complex
Aquatics (incl. pool types)
Basketball Court
Batting Cage
Bike Course / Bike Parking
Camping Areas (defined or undefined)
Climbing, Designated
Concession
Diamond Field
Disc Golf
Dog Park
Educational Experience
Equestrian Facility
Event Space
Fitness Course
Community Garden
Golf Course and associated facilities
Horseshoe Court
Ice Hockey
Inline Hockey
Loop Walk
Multi-Use Pad
Natural Area
Open Turf
Pickleball Court
Picnic Grounds
Shelters (small or large)
Playgrounds
Public Art
Rectangular Field (incl. size)
Skate Park
Target Range
Tennis Courts (practice wall, court or complex
Track
Trailhead
Volleyball Court
Wall Ball Court
Developed Water Access (docks, piers, kayak courses, fishing, etc.) Water Feature (fountains or waterfalls)
Water Pond, Stream, wetland or reservoir
Winter Sport Area (ice rink, sledding hill, ski area, etc.) NOTE: The Park Amenity Condition Assessment doesn't include observations of underground assets, and tree/plant inventory.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM
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Ranking and Classification (Parks Amenities)
Based upon our observations, research and judgment, along with consulting commonly accepted empirical Expected Useful Life (EUL) tables; BV will render our opinion as to when a park amenity will most probably necessitate replacement.
Accurate historical replacement records provided by the park's manager is typically the best source for this data.
Exposure to the weather elements, initial quality and installation, extent of use, the quality and amount of preventive maintenance exercised are all factors that impact the effective age of a component. As a result, a system or component may have an effective age that is greater or less than its actual age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age.
BV rates the condition of each amenity with this three-point scale:
3 Good No visible defects, Good condition, may still be under warranty but is overall functional
2 Fair Moderately deteriorated or defective, but has not exceeded useful life 1 Poor Defective or deteriorated in need of replacement; exceeded useful life BV can also include alternative categories to rank and weight priorities as required by the Client, such as functional deficiencies, aesthetics, time-based urgencies, and other mission critical factors.
Cost Estimating
BV's cost estimating database is comprised of proprietary cost tables developed by BV, based on historical and localized actual costs. BV maintains and updates our Uniformat-based cost estimating system with information received from the field. Through construction monitoring work, we have current cost data from hundreds of in- progress construction and rehabilitation projects. This data allows us to calculate costs based on local conditions to maintain a cost database that is typically more current than contemporary models.
Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency, and the capital needs analysis will be presented as an Excel-based cost table that includes a summary of the description of each component, the age and estimated remaining useful life, the anticipated year of repair or replacement, quantity, unit cost and total cost for the repair of each line item.
A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all buildings. The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but may at Client's option, also include project management costs, construction fees, and design fees. Project management costs, construction fees, and design fees will be derived using actual costs from previous projects.
After determining these costs, we will confirm these costs with your staff.
Report Deliverables
BV will provide a report for each park/site. Park reports will include descriptions of the general condition of park sites and features, amenities, and onsite facilities. Each report is organized by park or park system and will include digital photos of major systems and components and of all deficiencies identified. Reports will include current and anticipated repairs and deficiencies, recommended repair and component life-cycle replacements, and applicable options for repair or maintenance of park components.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM
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The Capital Needs analysis will include a cost database sorted by park system and ranked by priority for repair. The format of the database will allow for reporting by park, by system, or by priority for repair, and a year-by-year analysis of capital needs.
Park Condition Index
A Park Condition Index will be calculated for each site. This index will be a function of required repairs compared to replacement value. The Park Condition Index will be generated from the data collection/capital planning database and will be updated as components age or are replaced.
Capital Plan
Reports will reflect a 5-10-or 20 year capital plan based on BV's 20-year park system evaluation. The analysis will include a cost table sorted by park and system and ranked by priority for repair. Tables will allow for the customization of reporting and a year-by-year capital needs analysis. The report will include:
• A 5-10-or 20 year Capital Plan with an Executive Summary with graphic presentation of results to provide a quick, user-friendly summary of the property's observed condition and estimated costs assigned by category. These estimated costs shall be cross-referenced to report sections where an elaboration of cost issues will be presented.
Components observed that are exhibiting deferred maintenance issues and estimates for immediate and capital repair costs based on observed conditions, available maintenance history and industry-standard useful life estimates. If applicable, this analysis will include the review of any available documents pertaining to capital improvements completed within the last five-year periods, or currently under contract.
BV shall also inquire about available maintenance records and procedures and interview current available on-site maintenance staff.
Recommended schedule for replacement or repairs (schedule of priorities). • Digital photographs for the buildings including photos of deficiencies. • General description of the property and improvements and comment generally on observed conditions. • Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis.
Park Condition Index (PCI) number for the park.
BV will submit draft reports electronically via PDF format and once approved and finalized, a program summary report is provided to include a roll-up of all prioritized capital needs across all parks. BV can deliver bound hard copy final reports (per the contract requirements) and provide flash drives loaded with the completed reports. All electronic copies of the report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices.
Program-wide Report
In addition to each building report, BV will develop a Program-wide Report that includes a ranked system-wide Capital Plan for all parks and facilities with programmatic conclusions and recommendations. The Program Report includes a brief narrative description of each facility/building component and system, and discusses the current, anticipated repairs, deficiencies, and of all buildings assessed. The Program Report analyses will include tables sorted by building system and ranked by priority for repair. The format of the tables will allow for the several perspectives of reporting by FCI, building, system, or priority for repair, and a year-by-year analysis of capital needs.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM
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Assessment Software: AssetCALC™
BV will utilize AssetCALC™ as its platform for all data collected on this project. AssetCALC™ is a cloud platform developed, licensed, maintained, and supported solely by BV for our clients. The use of this software is at your option and there are no licensing fees for this software for five (5) years.
AssetCALC™ is a web-based SQL database platform that enables users to:
query, edit, and analyze their facility condition data
plan immediate and short-term repairs
• budget capital expenditures throughout the life-cycle of a building, park, or an entire portfolio The system unites BV's experienced field data collection methods with advanced planning and reporting tools, construction cost libraries, location mapping (GIS) features, digital photo management, and document storage.
Data Development
AssetCALC™ includes a configurable facility hierarchy and asset data architecture - this will include all of your assets grouped based on site location, asset group, and function. • Data can be exported to an Excel, XML, or an ODBC database format compatible for upload into your CMMS, EAM, IWMS, or work-order systems.
Features Include:
• Facility/Park Condition Assessment access:
• Component/system/amenity descriptions
Locations
Conditions and EUL/RUL
Repair and replace recommendations
• Digital photos
Search and Sorting Functionality
• Prioritization of maintenance projects
• UniFormat 2010 Cost Database
Project Budgets and Capital Plans
• Unlimited concurrent user licensing
• Secure IT platform and back-ups
• Client is the owner of data collected and residing in the database • Online User Training and Documentation
Reporting:
AssetCALC™ includes more than a dozen standard options for data summaries and reports:
Facility Condition Index (FCI) Calculation Reporting
Rank and Prioritize Capital Improvement Projects
Deferred Maintenance Backlog
Facility Queries (by building, priority, system, or dollar deficiency amount) Capital Budget Planning
• Year-by-Year Capital Needs Analysis
5, 10, or 20-Year Replacement Reserve Reports
Custom 3ª party form automation available
Screen Shots
Actual screen shots of BV's AssetCALC™ Database and a live demo are available upon request.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM
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Terms & Conditions
1. Billings, Payment and Credit. The Client shall pay Bureau Veritas Technical Assessments LLC for the Services performed in accordance with the prices set forth in the Proposal. Invoices shall be submitted in accordance with the Proposal. Payment of the Bureau Veritas Technical Assessments LLC invoices shall be the primary, absolute and non-contingent obligation of the Client, and shall not be conditioned upon the closing of a loan transaction or any other event. Upon receipt of the initial report deliverables), the invoice is fully collectible. If Bureau Veritas Technical Assessments LLC does not receive payment in full within thirty (30) calendar days of the date of the invoice, the account shall be deemed delinquent. Unpaid delinquent balances shall bear interest from the invoice date at one and one-half percent (1.5%) per month, or at the maximum lawful interest rate (whichever rate is less). If a delinquency occurs, Bureau Veritas Technical Assessments LLC may, at its option (and without relieving the Client from its payment obligation), revoke and disclaim the Client's right to rely on any report delivered pursuant to the Proposal, until payment in full is made.
The Client shall be liable to Bureau Veritas Technical Assessments LLC for all costs and expenses of collection, including reasonable attorney and paralegal fees, and court costs. Time is of the essence with respect to this provision. Bureau Veritas Technical Assessments LLC's non-exercise of any rights or remedies, whether specified herein or as otherwise provided by law, shall not be deemed a waiver of any rights or remedies, nor preclude Bureau Veritas Technical Assessments LLC from the future exercise of such rights or remedies. If a third party is accepting a Proposal as agent for the Client, such third party represents and warrants to Bureau Veritas Technical Assessments LLC that it is duly authorized to bind the Client to the terms of the Proposal and guarantees payment for services
2. Right of Entry: Force Majeure. The Client shall arrange for the right of entry to the subject property ("Site") by Bureau Veritas Technical Assessments LLC, its agents, employees, consultants, contractors and subcontractors, for the purpose of performing all acts as may be reasonably necessary to perform the Services within the agreed scope of work. Bureau Veritas Technical Assessments LLC may require that an authorized knowledgeable representative of the owner be present at the Site as a condition to the performance of the Services and may require that site personnel operate major building systems and equipment at the time the Services are performed. Bureau Veritas Technical Assessments LLC's ability to comply with the schedule for performance described in the Proposal is contingent upon timely Site access. Bureau Veritas Technical Assessments LLC shall not be responsible for damages or delays in performance caused by force majeure, acts of God, events beyond the control of Bureau Veritas Technical Assessments LLC, or events that could not have been reasonably foreseen and prevented.
3. Documents; Samples. All field notes, calculations, estimates and other documents, data or information prepared by or on behalf of Bureau Veritas Technical Assessments LLC in connection with the performance of its Service (collectively, "Documents"), shall remain the sole property of Bureau Veritas Technical Assessments LLC. All Documents prepared by Bureau Veritas Technical Assessments LLC for the Client with respect to any Site shall be used solely for the intended purposes described in the Proposal, and solely with respect to the subject Site. Unless otherwise agreed, Bureau Veritas Technical Assessments LLC shall retain all Documents for three (3) years following submission of Bureau Veritas Technical Assessments LLC's report to the Client. In its sole discretion and without prior notice to the Client, Bureau Veritas Technical Assessments LLC may dispose of all field samples within thirty (30) calendar days after submission of Bureau Veritas Technical Assessments LLC's report to the Client.
4. Matters Known to Client. The Client, itself or through the site owner, shall provide Bureau Veritas Technical Assessments LLC with any and all information known to the Client, or suspected by the Client, which pertains to: (a) the existence or possible existence at, on, under or in the vicinity of the Site, of any hazardous materials, pollutants, lead-based paint, radon or asbestos; (b) any conditions at, on, under or in the vicinity of the Site, which might represent a potential safety hazard or danger to human health or the environment; (c) any permit, manifest, title record, or other record of compliance or non-compliance with any federal, state or local laws, or court or administrative order or decrees; (d) known or suspected deficiencies or adverse conditions associated with structures or other physical improvements on Site; or (e) modifications or changes from the original plans and specifications of Site improvements which could affect the recommendations or conclusions reached by Bureau Veritas Technical Assessments LLC in the performance of its Services
5. Preliminary Findings. Preliminary findings (often referred to as verbals) can be provided to the client in order to quickly apprise them of preliminary data obtained as a result of Bureau Veritas Technical Assessments LLC's visual observations at the project site. They are not intended to be exhaustive or conclusive or to substitute for the final written report; as they do not include the information obtained from a number of other equally important and necessary elements of the complete assessment report. Bureau Veritas Technical Assessments LLC recommends against making any decisions based upon such limited, preliminary, verbal results.
6. WARRANTIES AND INDEMNIFICATION. In performing the Services, Bureau Veritas Technical Assessments LLC shall exercise the degree of skill and care ordinarily exercised by consultants in the same community and in the same time frame providing similar services for projects of comparable size, complexity, schedule and other characteristics of the Project (the "Standard of Care"). EXCEPT AS SET
FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, BUREAU VERITAS TECHNICAL ASSESSMENTS LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY OF ITS ORAL OR WRITTEN REPORTS.
CLIENT ACKNOWLEDGES AND AGREES THAT (I) THE SERVICES MAY REQUIRE JUDGMENTS TO BE MADE BY BUREAU
VERITAS TECHNICAL ASSESSMENTS LLC THAT ARE BASED UPON LIMITED DATA RATHER THAN UPON SCIENTIFIC CERTAINTIES; (II) BUREAU VERITAS TECHNICAL ASSESSMENTS LLC'S APPROACH, RECOMMENDATIONS, AND ASSOCIATED COST ESTIMATES, IF ANY, ARE BASED ON INDUSTRY PRACTICES AND AVERAGES; (III) PROFESSIONAL OPINIONS ARE RENDERED WITH RESPECT TO OBSERVATIONS MADE AND DATA OBTAINED AT THE TIME OF ASSESSMENT; AND (IV) ULTIMATE OUTCOMES COULD BE INCONSISTENT WITH THE CONCLUSIONS. RESULTS AND PROJECTIONS OF BUREAU VERITAS TECHNICAL ASSESSMENTS LLC. ALL INFORMATION REGARDING OPERATIONS, PLANS,
SPECIFICATIONS, CONDITIONS OR TEST DATA WHICH IS PROVIDED TO BUREAU VERITAS TECHNICAL ASSESSMENTS LLC
BY CLIENT, OWNERS OR THIRD PARTIES (INCLUDING WITHOUT LIMITATION, ANY POINT OF CONTACT AT THE SITE), IS
DEEMED BY BUREAU VERITAS TECHNICAL ASSESSMENTS LLC TO BE CORRECT AND COMPLETE WITHOUT INDEPENDENT VERIFICATION BY BUREAU VERITAS TECHNICAL ASSESSMENTS LLC. BUREAU VERITAS TECHNICAL ASSESSMENTS LLC
ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION AND SHALL NOT BE LIABLE IF RELIANCE ON SUCH INFORMATION RESULTS IN INCORRECT CONCLUSIONS OR RESULTS. CLIENT SHALL RELEASE BUREAU VERITAS
TECHNICAL ASSESSMENTS LLC FROM ANY AND ALL LIABILITIES, LOSSES, COSTS, DAMAGES, CLAIMS, OBLIGATIONS, FEES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) (COLLECTIVELY, "LOSSES'"), IF RELYING ON SUCH INFORMATION RESULTS IN INCORRECT CONCLUSIONS OR RESULTS.
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LIMITATION OF LIABILITY. IN NO EVENT SHALL BUREAU VERITAS TECHNICAL ASSESSMENTS LLC BE LIABLE FOR LATENT
OR HIDDEN CONDITIONS, CONDITIONS NOT ACTUALLY OBSERVED BY BUREAU VERITAS TECHNICAL ASSESSMENTS LLC
WITHIN THE LIMITED SCOPE OF WORK, THE POTENTIAL CONSEQUENCES OF OBSERVABLE CONDITIONS, CONDITIONS OF
WHICH CLIENT HAD KNOWLEDGE OF AT THE TIME OF THE ASSESSMENT, OR ANY UNAUTHORIZED ASSIGNMENT OF OR RELIANCE UPON THE REPORTS. THE LIABILITY OF BUREAU VERITAS TECHNICAL ASSESSMENTS LLC, AND THAT OF ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUBCONTRACTORS, TO CLIENT OR TO ANY THIRD PARTY, INCLUDING
ANY COMPANY AFFILIATED WITH SUCH PARTIES, OR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, SUBCONTRACTOR,
SUCCESSOR, OR ASSIGN OF SUCH PARTIES, FOR ANY LOSSES, WHETHER IN CONTRACT OR TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY), RELATED TO THE SERVICES, THE AGREEMENT OR OTHERWISE, SHALL NOT EXCEED AN AGGREGATE OF $25,000.00 PER PROJECT. IN NO EVENT SHALL BUREAU VERITAS TECHNICAL ASSESSMENTS
LLC BE LIABLE TO CLIENT FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR IN ANY WAY CONNECTED WITH ITS PERFORMANCE OR FAILURE
TO PERFORM UNDER THE AGREEMENT, EVEN IF THE AFFECTED PARTY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH
8. WAIVER OF JURY TRIAL. THE CLIENT AND BUREAU VERITAS TECHNICAL ASSESSMENTS LLC HEREBY KNOWINGLY,
VOLUNTARILY AND IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING,
CLAIM, OR COUNTERCLAIM, WHETHER IN CONTRACT OR TORT, AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THIS AGREEMENT.
RELIANCE AND ASSIGNMENT. BUREAU VERITAS TECHNICAL ASSESSMENTS LL'S WRITTEN REPORT SHALL CONTAIN
BUREAU VERITAS TECHNICAL ASSESSMENTS LLC'S STANDARD RELIANCE LANGUAGE UNLESS AL TERNATE LANGUAGE HAS BEEN PRE-APPROVED BY THE CLIENT AND BUREAU VERITAS TECHNICAL ASSESSMENTS LLC. IF NO PRE-APPROVED
ALTERNATE LANGUAGE EXISTS, THE SERVICES, THE REPORTS AND OTHER RELATED WORK PRODUCT PROVIDED BY
BUREAU VERITAS TECHNICAL ASSESSMENTS LLC MAY BE RELIED UPON BY THE CLIENT, ITS SUCCESSORS AND ASSIGNS
WITH RESPECT TO A LOAN SECURED BY THE SUBJECT PROPERTY, AND ANY RATING AGENCY RATING, OR ANY ISSUER OR PURCHASER OF, ANY SECURITY COLLATERALIZED OR OTHERWISE BACKED BY SUCH LOAN. NO OTHER PERSON OR
ENTITY MAY RELY ON THE REPORT WITHOUT THE ADVANCE WRITTEN CONSENT OF BUREAU VERITAS TECHNICAL ASSESSMENTS LLC, AND NO OTHER THIRD-PARTY BENEFICIARIES ARE INTENDED. EXCEPT AS DESCRIBED ABOVE, THE
CLIENT SHALL NOT ASSIGN THE PROPOSAL, ANY REPORT OR ANY RELATED WORK PRODUCT, WITHOUT THE PRIOR WRITTEN CONSENT OF BUREAU VERITAS TECHNICAL ASSESSMENTS LLC. ANY UNAUTHORIZED REUSE OR
REDISTRIBUTION OF BUREAU VERITAS TECHNICAL ASSESSMENTS LLC'S WORK PRODUCT OR REPORTS SHALL BE AT THE CLIENT'S AND RECIPIENT'S SOLE RISK, WITHOUT LIABILITY TO BUREAU VERITAS TECHNICAL ASSESSMENTS LLC.
CLIENT WILL HOLD BUREAU VERITAS TECHNICAL ASSESSMENTS LLC HARMLESS FROM ANY AND ALL LIABILITY,
OBLIGATION, COST AND EXPENSE ARISING FROM OR RELATED TO ANY UNAUTHORIZED DISTRIBUTION OR USE BY CLIENT OF BUREAU VERITAS TECHNICAL ASSESSMENTS LLC'S WORK PRODUCT OR REPORTS. BUREAU VERITAS TECHNICAL ASSESSMENTS LLC SHALL NOT ASSIGN ITS OBLIGATIONS UNDER THE PROPOSAL; HOWEVER, BUREAU VERITAS
TECHNICAL ASSESSMENTS LLC MAY EMPLOY, BY SUBCONTRACT, SUITABLY TRAINED PERSONS OR ENTITIES ACCEPTABLE TO BUREAU VERITAS TECHNICAL ASSESSMENTS LLC TO PERFORM THE SERVICES.
Confidentiality. Bureau Veritas Technical Assessments LLC shall not disclose information regarding the Proposal, the Services or any Documents, except to the Client, employees, consultants, subcontractors, or other persons engaged by Bureau Veritas Technical Assessments LLC to perform the Services, third parties designated by the Client (subject to the reliance limitations described herein), or as required by law. Notwithstanding the terms of this Section, Bureau Veritas Technical Assessments LLC shall comply with all judicial orders, government directives, and laws, regulations and ordinances, regarding the reporting to appropriate public agencies of potential dangers to public health, safety or the environment.
11. Miscellaneous. Bureau Veritas Technical Assessments LLC is an independent contractor of Client, and not Client's agent, employee or partner. The Agreement shall be governed by the laws of the State of Maryland and the parties irrevocably consent to the jurisdiction of the courts of the State of Maryland and of the United States District Court for the District of Maryland, if a basis for federal jurisdiction exists. In the event a dispute relating to an Bureau Veritas Technical Assessments LLC report results in litigation, and the claimant does provisions of the Agreement may only be modified by a written instrument signed by an authorized representative of each party.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM
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BUREAU
VERITAS
Project Authorization
To contract with BVTA for this project, please review and edit the information below, sign, and return the entire agreement to BVTA.
Client Contact & Report Addressee: Report & Invoice Recipient:
Mr. Luis Tapia Mr. Luis Tapia
City of Garden Grove City of Garden Grove
11222 Acacia Parkway Room 220 11222 Acacia Parkway Room 220 Garden Grove, California 92840 Garden Grove, California 92840 Phone: (714) 741-5386
Email: [email protected]
Property Name: City of Garden Grove Park Address: See site list at end of proposal City/County: Garden Grove / Orange State/Zip: California / Multiple Building Information:
Type of Project: Government - Parks
Report Delivery Date: 60 business days from receipt of signed "Project Authorization" to proceed, site contact and mobilization fee, if required.
Service(s) Lump Sum Fee(s) Initials
Parks Condition Assessment - Phase 1 $40,384.57
Parks Condition Assessment - Phase 2 $29,549.68
# of Reports - Phase 1 Report Type Delivery Method
10 Draft Email Full Report (PDF)
10 Final Email Full Report (PDF)
# of Reports - Phase 2 Report Type Delivery Method
9 Draft Email Full Report (PDF)
9 Final Email Full Report (PDF)
Electronic Report Deliverables: BVTA's standard electronic delivery is through automated email links to our reports. If you prefer an alternate delivery method, please select one of our options listed below:
• Dropbox™ • Posted to BVTA Website • Posted to Your Website Site Point of Contact: (the POC shall be deemed an agent of the client for providing access and conveying site data) POC: POC Phone:
POC E-mail: POC Cell:
Monthly Consolidated Invoicing Instructions (to be completed by the Client):
Include the following Contract/PO Number (optional):
Email Invoice to additional recipients (optional):
Custom invoice webposting instructions (if applicable):
with the Services as described. Should any project information change, I understand that additional fees may accrue, and the due date may be extended.
Authorized Signature (Printed Name) Phone #
Company Name Title Date
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 | WWW.BVNA.COM