CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
BUREAU VERITAS TECHNICAL ASSESSMENTS LLC
THIS AGREEMENT is made and entered into this 215` day of November, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Bureau Veritas Technical Assessments LLC, a California Corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to conduct a facility assessment and an asset management program, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
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1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed One hundred nineteen thousand two hundred fifty-four dollars and forty-four cents ($119,254.44).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such 3 BUREAU VERITAS LLC
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acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 24 months, ending on November 21, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for 4 BUREAU VERITAS LLC
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reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the spedified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to 5 BUREAU VERITAS LLC
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do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in 6 BUREAU VERITAS LLC
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coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who 7 BUREAU VERITAS LLC
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shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
Bureau Veritas Technical
Assessments LLC
220 Technology Drive
Irvine, CA 92618
Tel: 800-733-0660
Fax: N/A
Attn:
[email protected]
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8189
Fax: N/A
Attn: Elsa Robinson, Senior
Management Analyst
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
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6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or 9 BUREAU VERITAS LLC
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subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, 10 BUREAU VERITAS LLC
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associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
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6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Damien R. Arrula, City Administrator
ATTEST:
Date:
Robert S. McKinnell, City Clerk and ex -officio Clerk
of the City of Placentia
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CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
Elsa Robinson, Project Manager
DEPARTMENTAL APPROVAL
Luis Estevez, Deputy City Administrator
13 Date:
Date:
Date:
Date:
Date:
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EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 BUREAU VERITAS LLC
Rev. 08/2017
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 BUREAU VERITAS LLC
Rev. 08/2017
November 14, 2023
Via Email: [email protected]
Mr. Luis Estevez
Deputy City Administrator
City of Placentia
401 E Chapman Ave
Placentia, California 92870
RE: City of Placentia; Placentia, California
Proposal No: 165429.23P v2
Dear Mr. Estevez:
BUREAU
VERITAS
We are pleased to provide City of Placentia (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(iesj
City of Placentia
Placentia, California
Proposed Service(s) & Fee(s)
Service(s)
Citywide Asset Management Program
Lump Sum Fee(s)
$ 119,254.44
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.
Deliverable(5),
The quoted price includes the delivery of:
# of Report Type Method of Delivery
26 1 26
Draft
Final
Email Full Report (PDF)
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.
If different deliverables are required, please indicate the quantity, type and method of delivery on the Project Authorization page of this proposal.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 1 WWW.BVNA.COM
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Timing
After engagement, a call will be placed to the designated onsite Point of Contact (P00 provided by the Client in order to schedule the site visit(s). 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
Bureau Veritas 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
Delivery of Draft Reports
Delivery of Final` Reports
45% of per site fee
45% of per site fee
10% 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 #165429.23P or invoice number is clearly identified on all payments and correspondence for proper credit.
Documents to be Furnished by Client
In order to facilitate a cursory review of pre-existing documents for each Project, BVTA asks to be furnished with electronic or printed copies of available site information. Such documents may include:
FCA Service&
• Inspection Reports (sewer, boiler, chiller, etc)
• Prior Engineering Reports (CNA, PNA, PCA, etc.)
• Prior Master Plans / Facility Master Plans
• Capital Expenditure Schedules (prior or planned)
• Rehabilitation budget & scope (draft or final)
• Accessibility Transition Plans/Self Evaluations
Note:Documents to be reviewed should be provided to BVTA within five (5) business days and not less than one (1) day prior to the onsite. In the event that documents can only be made available at the Site, BVTA will perform a cursory review during the site visit as time permits. If documents are received after the site visit date, or if the volume of documentation is determined by BVTA to be excessive, then the Project may be subject to additional review fees at the rate of $215.00 per hour.
Any additional review fees will be mutually agreed upon by BVTA and the Client at the time of review request and will be authorized using a Change Order.
• Building Systems Maintenance Records
• Owner Elected Repair list (if available)
• Original Building Plans (can be viewed on-site)
• Fire Protection/Life Safety Plans
• Site Plan/Floor Plans
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 I WWW.BVNA.COM
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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.7292704, or at [email protected] should you have any questions. BVTA welcomes the opportunity to be of service.
Sincerely,
Bureau Veritas Technical Assessments LLC
Erik Piller
Senior Vice President
Attachments:
Cost Breakdown
Description of Services
Terms & Conditions
Proposed Schedule
Project Authorization
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 I WWW.BVNA.COM
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Cost Breakdown
BUREAU VERITAS FEE BREAKDOWN HOURS LUMP SUM TOTAL $ 119,254.44
SUB -TOTAL
TASK 1 FACILITY CONDITION ASSESSMENT
ONSITE SURVEYS 124 $ 15,560.00
EXPENSES $ 5,661.50
$ 21,221.50
TASK 2 ASSET REGISTRY S 10,408.65
DATA DEVELOPMENT 21.5 $ 2,908.65
INVENTORY 60 $ 7,500.00
TASK 3 RISK ANALYSIS 57 $ 7,146.50
TASK 4 NEEDS ANALYSIS $ 58,958.50
PRESERVATION AND RESTORATION PROFILE 36 $ 4,720.00
REPORTING & LIFE CYCLE ANALYSIS 441 $ 54,238.50
TASK 5 PREVENTATIVE MAINTENANCE PROGRAM 34.8 5 4,696.94 TASK 6 ASSET MANAGEMENT SOFTWARE SYSTEM $ 8,652.35
MIGRATION TO ASSET ESSENTIALS 12 + 0.02/SF $ 3,816.94
ASSET TAGGING / BARCODING 27.5 $ 3,295.41
BARCODE LABELS QTY 2000 @ 0.7700 $ 1,540.00
TASK 7 REPORT AND PRESENTATION $ 8,170.00
MEETINGS / PRESENTATIONS 47.5 $ 6,170.00
EXPENSES $ 2,000.00
2023/24 Hourly Rates
Team Role Hourly Rate ($)
Project Executive
Program Manager
Project Manager 1 /Assessor
Project Manager 11 / Assessor / CASp
Quality Control Manager
Technical Report Reviewer
Administrative
$190,00
$140.00
$120.00
$130.00
$.135.00
$115.00
$80.00
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BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 1 WWW.BVNA.COM
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Description of Services
3.6 PROJECT UNDERSTANDING AND APPROACH
PROJECT UNDERSTANDING
Bureau Veritas understands that the City of Placentia's (City) project for Citywide Asset Management Program services will include:
• Include a comprehensive assessment of all sites, buildings, building systems, and infrastructure. • Follow ASTM E2018-15 Standard Guide for Property Condition Assessments, as applicable. • Determine the present condition and estimated life expectancy of various building systems and components.
• Identify and document the present condition of all physical assets including grounds, facilities, and infrastructure.
• 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 systems and components. • Result in strategic plan for capital repairs, lifecycle component replacement, and building modernization. • Calculate the Current Replacement Value (CRV) and Facility Condition Index (FCI) for each facility. • Collect Equipment Inventory and nameplate data for Client properties. • Establish a protocol for FCA data to migrate/transfer to a CMMS/IWMS system. • Prepare a Preventative Maintenance Plan for assets to be uploaded to CMMS system. • Affix QR code/Barcode labels to assets.
We understand that a keyfactorto performing FCAs and Inventory 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.
PROJECT APPROACH
PROJECT PHASES
Our project plan details three distinct phases of the project. During each phase, we will require coordination and support from the City's facility management.
Data Gathering Phase — Bureau Veritas 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 (sewer, boiler, chiller, etc.)
• Building systems Maintenance Records
• Maintenance policy documentation
• Owner elected repair list (if available)
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• Original building plans (can be viewed on-site)
• Capital expenditure schedules (prior or planned)
• Fire protection / life safety plans
• Rehabilitation budget and scope (draft or final)
• Certificates of occupancy / facility license
• Prior assessments
• Site plan /floor 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 facility or 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 - Bureau Veritas will need support in the form of escorts while in the facilities to help us access mechanical areas, to discuss with us any known issues in the facility, and to answer other technical questions.
Report Review Stage - Bureau Veritas will provide a complete deliverable for each building.
Bureau Veritas will become familiar with the City's existing Project Directory - property list and contact directory for each location. We will contact or interview the facilities contacts as part of tour process to determine current use requirements and priority of properties based on agency goals.
Working with the City, we will develop procedures to gain Facility Access. Our visits will be coordinated and pre - approved by the City prior to the visit. We will work with the City to establish a protocol that will ensure that our activities will have minimal disruption to the operation of each facility and will maintain a safe work environment.
3.7 SCOPE OF WORK
TASK 1: FACILITY CONDITION ASSESSMENT
The Facility Condition Assessment (FCA) for the City will include the following elements.
TECHNICAL APPROACH
Prior to assessments beginning, Bureau Veritas will conduct a Kick -Off Meeting to review requirements and to consolidate exhibits such as drawings and prior completed reports.
During the term of the project, Bureau Veritas will conduct regular Progress Meetings to maintain open communication with the entire project team and the City. Bureau Veritas 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. Bureau Veritas will provide the City with a written status report that tracks and monitors the progress of the assessments against the schedule submitted.
Bureau Veritas has allocated time for regular teleconference meetings and the following meetings: Kick -Off Meeting, Pilot Review Meeting, a Final Findings Presentation meeting, and 2 City Council meetings. Any additional in-person meetings will be on a time and expense basis, BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 WWW.BVNA.COM
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Pilot Program
To begin the work, Bureau Veritas proposes a Pilot Program where we will perform an assessment of a single building and prepare a written Draft Report for review. A meeting will be held with the City staff to review the draft report before assessing the remaining buildings. Bureau Veritas' Assessment Team will visit the building to evaluate the general condition of the buildings and site improvements, review available construction documents in order to become familiar with, and be able to comment on the in-place construction systems, life safety, mechanical, electrical and plumbing systems, and the general built environment.
Field Assessments
The Assessment Team will conduct a walk-through survey of the facility and site to observe systems and components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies.
As a part of the walk-through survey, the Team will survey 100% of each facility. Bureau Veritas will survey the exterior and grounds, including the building exterior, roofs, sidewalk/pavement, and recreational/other areas as applicable. They will interview the building maintenance staff about the 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 the City's building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously evaluated.
The Team may also question others who are knowledgeable of the 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 the City's maintenance staff that could aid the knowledge of the property's physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.
The facility condition assessment will include the City identified assets and will focus on the following facility and site systems and components:
Site + Infrastructure
• Topography: Observe general topography and note any unusual or problematic features or conditions observed or reported.
• Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property. • Flatwork: Identify material flatwork at the property (sidewalks, plazas, patios, etc.). • Landscaping and Appurtenances: Identify material landscaping features, material types of landscaping (fences, retaining walls), and site appurtenances (irrigation systems, fountains, lighting, signage, ponds). • Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and assess condition, physical deficiencies, life cycle repair, and replacement issues.
Recreational Facilities
• Identify any material on-site recreational facilities such as athletic fields, swimming pools, spas, tennis or basketball courts, jogging or bicycle paths, etc. Observe the general conditions and note any reported physical deficiencies or any unusual items or conditions observed or reported.
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Structural Frame + Building Envelope
• Identify material elements of the structural frame and exterior walls, including the foundation system, floor framing system, roof framing system, facade or curtain -wall system, glazing system, exterior sealant, doors, commercial overhead doors, sliders, windows, and stairways, etc. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Observations may be subject to grade, and rooftop vantage points. • Visually inspect observable areas for cracking and moisture infiltration as well as areas of apparent foundation settlement and displacement.
• In the event more information or exploratory testing is required, in order to provide remedial measures, the report may include recommendation for additional investigative testing (Tier 1 or Tier 2).
Wall Evaluation
• Photograph elevations and details both from internal and external vantage points, as well as from adjacent structures where possible.
• Observe representative operable and fixed panels on all facades, operating a representative sample of units to assess hardware and visually inspect exterior conditions and condition of waterproofing seals. • Assess curtain wall condition to determine water infiltration, damage, caulk degradation, metal panel degradation, stone degradation and anchoring, and other related curtain wall issues.
Curtain Wall
• Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review exterior conditions and the condition of waterproofing seals, where accessible without the use of lifts, ladders, scaffolding, suspension devices, or the like; may include observations from internal and external vantage points, as well as adjacent structures. Observations are limited to grade and may include accessible balconies or rooftop vantage points.
• Review provided drawings and records of repair, replacement, and maintenance of framing and glazing.
Roofing (Non -Invasive Visual)
• Identify material roof systems (roof type, reported age, slope, drainage) and any unusual roofing conditions or rooftop equipment.
• Observe general conditions of the roof system (membranes, attachment methods, flashings, counter flashings, pitch pans, gravel stops, parapets, miscellaneous appurtenances, insulation). • Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a roof warranty is in effect. Note any physical deficiencies identified or unusual items observed or reported. • Identify material rooftop equipment or accessories (antennas, lightning protection, HVAC equipment, solar equipment). Include any material problems reported.
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• Bureau Veritas understands that the City will provide OSHA compliant ladders, lifts and/or scaffolding (depending on roof type) so that the Project Manager may safely access roof areas. If requested, Bureau Veritas can provide a quote for lift and/or ladder access as needed. Observations will be limited to readily accessible areas.
Plumbing
• Identify material plumbing systems at the property including domestic water supply, sanitary sewer, or any special or unusual plumbing systems (such as water features, fuel systems, gas systems, etc.). • Identify type and condition of restroom fixtures, drinking fountains and/or other plumbing equipment. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Include any reported material system inadequacies.
Heating
• Identify material heat generating systems at the property. • Observe general conditions, identify reported age of the equipment, note past material component replacements/upgrades, note apparent level of maintenance, and identify if a maintenance contract is in place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible.
• Identify and observe any special or unusual heating systems or equipment present (fireplaces, solar heat, etc.) and note any reported material problems or inadequacies.
Air -Conditioning + Ventilation
• Identify the material air-conditioning and ventilation systems at the property. Include material equipment such as cooling towers, chillers (type of refrigerant used), package units, split systems, air handlers, thermal storage equipment, etc.
• Identify material distribution systems (supply and return, make-up air, exhaust) at the property. • Observe general conditions, identify equipment reported age, note past material component upgrades/replacements and apparent level of maintenance, and identify if a maintenance contract is in place (contractor name). If AC and ventilation systems are not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Additionally, include any material reported system inadequacies or operating deficiencies. • Identify and observe any special or unusual air-conditioning and ventilation systems or equipment (cold storage systems, special computer cooling equipment, etc.) and note any material reported problems or system inadequacies.
Electrical
• Identify the electrical service provided and distribution system at the property. • Include material switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lighting systems, and other such equipment or systems.
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• Observe general electrical items (distribution panels, type of wiring, energy management systems, emergency power, lightning protection).
• Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Also, note the presence of any special or unusual electrical equipment, systems, or devices at the property, and include reported material problems or system inadequacies.
Life Safety + Fire Protection
• Identify material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, smoke evacuation, etc. • Observe general conditions and note any material physical deficiencies identified or unusual items or conditions observed or reported including any reported system inadequacies.
Elevators + Vertical Transportation
• Identify vertical transportation systems at the property. Include the equipment manufacturer, equipment type, location, number, capacity, etc.
• Observe elevator cabs, finishes, call and communication equipment, etc. • Identify the company that provides elevator/ escalator maintenance at the property. Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported including any reported material system inadequacies. • Out of Scope Issues: Performing any calculations, examination of operating system components such as cables, controller, motors, etc.; entering elevator/escalator pits or shafts. •
Elements
Identify offices, special use areas, and building standard finishes, including flooring, ceilings, walls, etc.
Furnishings and fixed components will be reviewed and included in the cost estimate tables for replacements. Bureau Veritas will identify material building amenities or special features. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported.
Food Service Spaces and Equipment
• Assess all food service equipment and spaces (kitchen, cafeteria, dining, serving areas). Food service equipment (fixed equipment) will be evaluated for adherence to life/ safety code and ventilation requirements as well for condition and capital replacement.
Special Systems and Equipment
• Include all special systems and equipment, such as Emergency Medical Systems (EMC), chillers, radio towers, equipment lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults, public address systems, and telephone systems.
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amount of preventive maintenance exercised are alt factors that impact the effective age of a system or 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.
Bureau Veritas can rate the condition of each facility with the below rating system, or another City -specified scale:
5 Excellent - No visible defects, new or near new condition, may still be under warranty if applicable 4 Good - Good condition, but no longer new, may be slightly defective or deteriorated, but is overall functional 3 Adequate - Moderately deteriorated or defective, but has not exceeded useful life 2 Marginal - Defective or deteriorated in need of replacement; exceeded useful life 1 Poor - Critically damaged or in need of immediate repair; well past useful life Bureau Veritas can also include alternative categories to rank and weight priorities as required by the City, such as functional deficiencies, aesthetics, time -based urgencies, and other mission critical factors. The analysis will include all cost observations ranked by Priority Classes.
The five classes below are typical but can be altered to meet your specifications and needs:
Priority Classes
The analysis will include all cost observations be ranked by Priority Classes. The five classes to the right are typical but can be altered to meet your specifications and needs.
Currently Critical (Immediate): Requiring immediate action including a cited safety hazard and areas of accelerated deterioration, returning a building component to normal operation.
Potentially Critical (Years 1-2): Requiring action in the next year including components experiencing intermittent operations, potential life safety issues, and rapid deterioration, returning a building component to normal operation.
Necessary—Not Yet Critical (Years 3-5): Requiring appropriate attention to preclude predictable deterioration, potential downtime, additional damage, and higher costs to remediation if deferred further.
Recommended (Years 6-10; Years 15-20) Representing a sensibile improvement to the existing conditions (not required forthe most basic function of the facility; however, will improve overall usability and/or reduce long-term maintenance costs.
Does Not Meet Current Code ("Grandfathered"): No Action required at this time but should substantial work be undertaken correction would be required.
Deficiency Categories/Plan Types
Each deficiency identified in the Assessment shall be classified in the following manner (or other City defined" categories):
Category 1- Scheduled Maintenance: Maintenance that is planned and performed on a routine basis to maintain and preserve the condition.
Category 2 - Deferred Maintenance: Maintenance that was not performed when it was scheduled or is past its useful life resulting in immediate repair or replacement.
Category3 -Capital Renewal: Planned replacement of buildingsystemsthat have reached the end of their useful life.
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Category 4 - Energy and Sustainability: When the repair or replacement of equipment or systems are recommended to improve energy and sustainability performance.
Category 5 - Security: When a system requires replacement due to a security risk or requirement.
Uniformat Categories
The deficiencies observed will be classified into categories such as those below using the Uniformat System (up to Level 4):
Level 2
A10 Foundations
A20 Basement Construction
B10 Superstructure
B20 Exterior Enclosure
B30 Roofing
C10 Interior Construction
C20 Stair
C30 Interior Finishes
D10 Conveying
D20 Plumbing
D30 HVAC
D40 Fire Protection
D50 Electrical
El0 Equipment
E20 Furnishings
F10 Special Construction
F20 Selective Building Demolition
COST ESTIMATING
Bureau Veritas' cost estimating database is comprised of RS Means data and further customized with proprietary cost tables developed by Bureau Veritas, based on historical and localized actual costs. Bureau Veritas 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 RS Means' 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 City'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.
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REPORT DELIVERABLES
Bureau Veritas will provide an in-depth report including a description of each of the building components and systems as described in the approach sections above. Each report is organized by building system and 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 building components.
The Capital Needs analysis will include a cost database sorted by building system and ranked by priority for repair.
The format of the database will allow for reporting by building, system, or priority for repair, and a year -by -year analysis of capital needs.
Facility Condition Index
A Facility Condition Index will be calculated for each building. This index will be a function of required repairs compared to building replacement costs. The Facility 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 Bureau Veritas' 20 -year building system evaluation.
The analysis will include a cost table sorted by building 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:
• 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. Bureau Veritas 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. • Facility Condition Index (FCI) number for the building.
Bureau Veritas 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 facilities. 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, Bureau Veritas will develop a program -wide report that includes a ranked system -wide Capital Plan for all facilities with programmatic conclusions and recommendations. The report includes a brief narrative description of each facility/building component and system, and discusses the current and anticipated repairs and deficiencies of all buildings assessed. The 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.
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TASK 2: ASSET REGISTRY
EQUIPMENT AND ASSET INVENTORY
Bureau Veritas will prepare an asset registry, or inventory, of publicly owned and maintained assets and facilities.
This will include levels of service for each asset class.
During the assessment, each field team will be responsible for collection and storing the inventory and condition assessment data in an electronic format that is readily transferable to the City's CMMS system.
Bureau Veritas will collect information on the major pieces of facility equipment. Specifically, the data collection will include City -defined assets, and also focus on the following components:
• HVAC (level of detail for which Preventive Maintenance would be performed) o Heating System
• Identify boilers, furnaces, unit heaters and major labeled equipment o Ventilation System
• Identify the major labeled equipment; exhaust hoods, fans o Air Conditioning System
• Identify the material air-conditioning components, including cooling towers, compressors, chillers, package units, roof top units, split systems and major labeled equipment. Excluded are window units, terminal units, VAV boxes, and thermostatic controls.
• Electrical
o Major panels only -for identification to track maintenance o Transformers
o Switchgear
• Equipment
o Building Automation System
• Plumbing
o Pumps external to HVAC systems
o Domestic Hot Water heaters over 80 gallons
o Other major labeled equipment
• Commercial Kitchen - major equipment (above approximately $2000 value) o Walk-in freezer and refrigerator equipment
o Ovens, stoves, broilers, grills
o Reach -in refrigerators and freezers
o Dishwashers
o Fryers
• Life Safety/Security
o High Level (system level) only -for identification to track maintenance • Alarm Panels
• Emergency generators
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 1 WWW.BVNA.COM
165429.23P, p. 16
11/14/2023
1.3121111113
111111110333
■ Exhaust hood fire suppression
• Vertical Transportation
Where appropriate, the following data will be collected for each component:
• Location data
• Model
• Serial Number
• Manufacturer
• Manufactured Date
As part of Task 2, Bureau Veritas will perform the following:
• Conduct an Asset Inventory Assessment
• Photograph all visible assets and record their GPS coordinates. • Prepare a field assessment conditions report for each asset type. • Assist the City in developing, organizing, categorizing, and analyzing the City's Asset Register.
CMMS INTEGRATION WITH BRIGHTLY
Bureau Veritas will collect and store all information in our SQL database. Our database allows us to routinely update and run reports for the City after the initial assessment is complete. This system also allows us to export the City's FCA data into existing or future CM MS work order platforms. Bureau Veritas has performed over 1,900 integrations with the Brightly platform. BV will work with Brightly to set up the CMMS platform.
TASK 3: RISK ANALYSIS
Bureau Veritas will prepare a Risk Analysis report to help the City understand the potential level of risks associated with Citywide assets.
As part of Task 3, Bureau Veritas will perform the following:
• Develop a condition assessment methodology and a scoring rubric that assigns a condition value to each Asset Class.
• Assign a value for each Asset Class summarizing the probability of failure, and consequence of failure. • Perform a Risk Analysis Report that considers the probability of failure and and the consequence of failure and level of risk for each Asset Class.
TASK 4: NEEDS ANALYSIS
Bureau Veritas will provide a summary report as part of the 10 -year CIP for the City. The report will document:
• the list of assets,
• asset condition,
• and needs to bring each asset up to current industry standards.
The report will highlight assets in poor or failed condition, as well as other maintenance, safety, or compliance needs. The report will also include estimated replacement costs of assets in poor condition, and/or costs to bring asset into compliance.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 1 WWW.BVNA.COM
165429.23P, p. 17
11/14/2023
11111717/191
As part of Task 4, Bureau Veritas will perform the following:
• Develop and rank the City's needs for replacement and rehabilitation for each asset over the next five (5) years.
• Identify risks that can be mitigated for each Asset Class through maintenance and rehabilitation, and calculate the total projected value of those mitigations. • Prepare a summarization that estimates future financial needs for managingthe City's assets. • Prepare a life cycle cost analysis over a 10, 20, 30, and 100 -year cycle that identifies the maintenance and replacement needs and associated costs for all Asset Classes based on the assumed risks. • Prepare a summary Needs Report that categorizes and identifies needs and life -cycle analysis, including missing equipment.
TASK 5: ASSET MANAGEMENT PLANS / PMP
Bureau Veritas will prepare an Asset Management and Preventive Maintenance Plan (Plan) for each facility based on GSA Standard, Corp of Civil Engineers Standards, Industry Standards and original Equipment Manufacturers' recommendations.
The intent of the Plan will be to identify required procedures and inspections required to maintain and extend the useful life of existing equipment. Bureau Veritas will consult with the Client to develop equipment naming conventions and to discuss options where appropriate.
The Plan will be delivered in a format for upload to the Brightly CMMS platform. The following is meant to establish details of the deliverable that Bureau Veritas will provide in the Plan:
• Inventory data collection, tagging of equipment and naming conventions will be established during the data collection phase of the project.
• The inventory will obtain major component level detail. • The deliverable for this phase of the project will include a narrative introduction, a table for each building with equipment, recommended preventive maintenance routines, frequencies and time requirements. • Bureau Veritas will develop an export of the data customized for upload into the selected Maintenance Management software system.
• The preventive maintenance plan will be prepared following completion of field data collection and final entries into the client's database.
• During data collection phase Bureau Veritas will determine Equipment nomenclature to be used (Air Handling Unit (AHU), Unit Ventilator (UV) etc.), as directed by the client. • During the data collection and equipment inventory stage, Bureau Veritas will determine equipment schemes (Groups, Classifications, and Types) to be used. Conduct a meeting with the client to review individual equipment maintenance schedules (by wing, equipment type, etc). • During data collection phase Bureau Veritas will gather and record equipment locations and types through visual, on-site, walkthrough and referencing facility documentation obtained from the Owner (excludes equipment in concealed spaces, crawl spaces or other inaccessible areas). • Develop maintenance procedures referencing manufactures' printed recommendations and/or industry standards for facility equipment.
• Maintenance procedures will include:
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 I WWW.BVNA.COM
165429.23P, p. 18
11/14/2023
13911133
o Safety Points
o Start Up Procedures
o Appropriate tools required.
o Time to complete maintenance.
o Industry standards time to complete each maintenance work order. o Life expectance of equipment.
o Step-by-step procedure to complete maintenance work order.
Bureau Veritas has completed over 180 projects in the last year, including state and local government entities, which included the upload of preventive maintenance tasks and procedures to a work order system. We have done over 150 projects uploading data to the Brightly platform.
TASK 6: ASSET MANAGEMENT SOFTWARE
Bureau Veritas has worked with Brightly CMMS extensively, and is a trusted partner of Brightly. Bureau Veritas and Brightly have partnered on many projects, including projects for similar services for cities, counties, and school districts; just to name a few.
As part of Task 6, Bureau Veritas will perform the following:
• Populate and set up the new database.
• Work with Brightly on setting up the entire system with City staff input. • Provide Brightly data in CSV file format, or our custom Brightly API.
TASK 6.1 EQUIPMENT INVENTORY BARCODING
For the above referenced equipment, Bureau Veritas will apply a durable barcode / QR code/asset tag with a unique number for use as an identifier in the CMMS system. We will use labels supplied by the City or a vinyl tag for indoor applications, and a durable foil tag for outdoor use. Barcode / QR code numbers will be recorded in the database and all future work orders etc., and can be tied back in to a single piece of equipment or system.
The cost of Barcoding / QR coding assumes that we will tag equipment during the FCA process.
As part of Task 6.1, Bureau Veritas will perform the following:
• Generate barcode tags per asset.
• Affix barcodes to assets according to RFP requirements. • Unique barcode identifier will be imported into the City's CMMS.
TASK 7: REPORT & PRESENTATION
Bureau Veritas will present the completed Asset Management Program and software system to City staff, and the City Council.
As part of Task 7, Bureau Veritas will perform the following:
• Three (3) meetings/presentations with City Staff.
• Two (2) meetings with the City Council.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 I WWW.BVNA.COM
165429.23P, p. 19
11/14/2023
Terms & Conditions
Bureau Veritas Technical Assessments LLC will refer to the terms and conditions outlined in the City's Professional Standard Agreement.
Pr000sed Schedule
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BUREAU VERITAS 0021 UNIVERSITY BOULEVARD, SUITE 200. ELLICOTT CITY, MD 21043 P 100 733 0600 WWW.BVNA.COM
165429.23P, p. 20
11/14/2023
Proiect 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 & Invoke Recipient:
Mr. Luis Estevez Mr. Luis Estevez
City of Placentia City of Placentia
401 E Chapman Ave 401 E Chapman Ave
Placentia, California 92870 Placentia, California 92870 Phone: (714) 993-8148
Email: [email protected]
Project Information:
Property Name: City of Placentia
City/County: Placentia, Orange
Building Information;
Type of Project: Government- Essential Facilities
Address: 34 Buildings
State/Zip: California
Service(s)
Citywide Asset Management Program
Lump Sum Fee(s)
$ 119,254.44
# of Reports
26 26
Report Type Delivery Method
Draft
Final
Email Full Report (PDF)
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:
0 Dropbox'
0 Posted to BVTA Website
0 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 E-mail:
POC Phone:
POC Celt:
I have read and verified the accuracy of the information set forth above, and in Proposal No. 165429.23P, including the legal name of the Client. I hereby certify that I am an employee authorized to sign this contract on behalf of the Client, and by my signature below I hereby accept the Proposal, as addressed to my company, including the attached Terms and Conditions, and authorize BVTA to proceed 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
1 BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 1 WWW.BVNA.COM
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER
CERTIFICATE DOES NOT AFFIRMATIVELY OR
BELOW. THIS CERTIFICATE OF INSURANCE
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OF INFORMATION
NEGATIVELY
DOES NOT
DATE(MM/DDNYYY)
11/09/2023
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 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).
PRODUCER
Aon Risk Services Northeast, Inc.
Aon Risk Services Northeast, Inc.
NY NY Office
One Liberty Plaza
165 Broadway, Suite 3201
INSURED
Bureau veritas Technical Assessments LLC
6021 University Blvd. Stes. 200-210
Ellicott City MD 21043 USA
COVERAGES
CERTIFICATE NUMBER:
CONTACT
NAME:
PHONE
(NC. No. Ext):
E-MAIL
ADDRESS:
INSURER A:
INSURER B:
INSURER C:
INSURER 0:
INSURER E:
INSURER F:
570102648250
866-283-7122
FAX No.): (800) 363-0105
INSURER(S) AFFORDING COVERAGE
Allianz Global Risks uS Insurance Co.
Hartford Fire Insurance Co.
Trumbull Insurance Company
REVISION NUMBER:
NAIC K
35300
19682
27120
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.
INSR Ai ND POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE (NSDOOL S.68 n POLICY NUMBER 1j�1/OD 1 IMM/q �Y�' A X COMMERCIAL GENERAL LIABILITY USL00159323 01/01/2023 01/01/20241
EACH OCCURRENCE
— CLAIMS -MADE OCCUR
B
X
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY PRO-
JECT
IXI
OTHER:
AUTOMOBILE LIABILITY
X ANY AUTO
OWNED
— AUTOS ONLY
HIRED AUTOS
— ONLY
A X UMBRELLA LIAB
X
LOC
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X
EXCESS UAB
DED X (RETENTION 910
C WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
II yes, describe under
DESSRIPTION OF O?ERATIOI�S below
A Architects Engineers
Professional
OCCUR
CLAIMS -MADE
000
Y/N
N
N/A
10 AB 541202
AOS
01/01/2023 01/01/2024
0500163323 01/01/2023 01/01/2024
10wN541200 01/01/2023 01/01/2024
See State Policy Addendum
USF00248023
Claims Made
SIR applies per policy terms & conditions
01/01/2023 01/01/2024
Limits shown are as requested
LIMITS
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL 8 ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
/Ea accident)
BODILY INJURY ( Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
X I PER STATUTE
E.L. EACH ACCIDENT
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE -POLICY LIMIT
Each claim
Aggregate
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more apace is required) Evidence of insurance. The Architects & Engineers policy includes coverage for Professional Liability Liability. Certificate Holder, The City of Placentia and its elected and, appointed boards, officers, volunteers are additional, insureds with respect to: liability arisin , out of activites performed by OTH-
FR
$2,000,000
$1,000,000
$10,000
$2,000,000
$2,000,000
52,000,000
$2,000,000
$1,000,000
$1,000,000
31,000,000
51,000,000
$1,000,000
$1,000,000
51,000,000
Holder Identifier :
570102648250
Certificate No :
a
and Contractors Pollutiortc I
agents, employees, and gin
or on behalf of, the
Consultant pursuant to its contract with, the city; products and completed operations, of the consultant; premises owned, occupied, or used by the Consultant; automobiles owned and leased, hired, or borrowed by the Consultant. are included as Additional Insured in accordance with the policy provisions of the General Liability Coverage & Business Auto Coverage policy.
CERTIFICATE HOLDER CANCELLATION
City of Placentia
401 E. Chapman
Placentia CA 92870 USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
eXXass i��'La>VC cJit�I.�rif1O c/1���rJ� ��
01988.2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: 570000048582
LOC #:
Ate---- ADDITIONAL REMARKS SCHEDULE
AGENCY NAMED INSURED
Aon Risk Services Northeast, Inc. Bureau Veritas Technical Assessments LLC
POLICY NUMBER
See Certificate Number: 570102648250
CARRIER 1 NAIC CODE 1
See Certificate Number: 570102648250 I EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance workers Compensation/Employers Liability
lOWNS41200 01/01/23-01/01/24 Trumbull Insurance AR,DC,IN,LA,NE,RI,UT 10WNS41200 01/01/23-01/01/24 Twin City Fire Insurance Company FL,ND,OH,WA,WY lOWNS41200 01/01/23-01/01/24 Hartford Insurance Company of the Midwest AK,ID lOWNS41200 01/01/23-01/01/24 Hartford Casualty Insurance Company MO,WV lOWNS41200 01/01/23-01/01/24 Nutmeg Insurance Company CT,IL lOWNS41200 01/01/23-01/01/24 Hartford Fire Insurance Company NH,OR,PA 10wN541200 01/01/23-01/01/24 Hartford Accident and Indemnity Company AL,GA,KY,MI,MT,NY,TN,vT 10WN541200 01/01/23-01/01/24 Property & Casualty Ins Co of Hartford CA,CO,DE,ME, MN,MS,SC lOWNS41200 01/01/23-01/01/24 Hartford Insurance Company of Illinois TX lOWNS41200 01/01/23-01/01/24 Hartford Insurance Company of the Southeast KS,MD lOWNS41200 01/01/23-01/01/24 Hartford Underwriters Insurance Company AZ,HI, NC,NJ,SD,VA 10WN541200 01/01/23-01/01/24 Sentinel insurance Company, Limited IA,NM,NV,OK lOWBRS41201 01/01/23-01/01/24 Twin City Fire Insurance Company WI lOWBRS41201 01/01/23-01/01/24 Hartford underwriters Insurance Company MA lOWBRS41201 01/01/23-01/01/24 Hartford Fire Insurance Company PR ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and Togo are registered marks of ACORD
Page _ of _
10AB41202 COMMERCIAL AUTOMOBILE
Effective 01/01/2023- 01/01/2024
HA 99 16 12 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
Paragraph .1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add the following:
d. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
e. Employees as Insureds
(1). Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
f. Lessors as Insureds
(1). The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(a) The agreement requires you to
provide direct primary insurance for
the lessor and
(b) The "auto" is leased without a
driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
Additional Insured if Required by Contract
(1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
"insured", but only to the extent such
person or organization is liable for
"bodily injury" or "property damage"
caused by the conduct of an "insured"
under paragraphs a. or b. of Who Is An
Insured with regard to the ownership,
maintenance or use of a covered "auto."
g.
(d) 180 days or more after its The insurance afforded to any such acquisition or formation by you, additional insured applies only if the unless you have given us notice of "bodily injury" or "property damage" the acquisition or formation. occurs:
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
(a) During the policy period, and
(b) Subsequent to the execution of such
written contract, and
Form HA 99 16 12 21 Page 1 of 5
© 2021, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
(c) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3)
Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS — OF SECTION IV —
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
2. Primary and Non -Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in A.1.g. - Additional
Insured If Required by Contract, the
following provisions apply:
(1) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(2} Primary And Non -Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (1) and (2) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have
no duty to defend the insured against any
"suit" if any other insurer has a duty to
defend the insured against that "suit". If no
other insurer defends, we will undertake to
do so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, by
the method described in SECTION IV -
Business Auto Conditions, B. General
Conditions, Other Insurance 5.d.
3. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The SECTION IV- Business Auto Conditions, B.
General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an "employee's" personal insurance also
applies on an excess basis to a covered
"auto" hired or rented by your "employee" on
your behalf and at your direction, this
insurance will be primary to the
"employee's" personal insurance.
4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss"
caused by fire or lightning. Hired Auto Physical
Damage coverage is excess over any other
collectible insurance. Subject to the above limit,
deductible and excess provisions, we will
provide coverage equal to the broadest
coverage applicable to any covered "auto" you
own.
(3)
We will also cover Toss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
6. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
7. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan
or lease; and carry-over balances from previous
loans or leases.
8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
9. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1)
Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III, Physical Damage Coverage,
Limit of Insurance, Paragraph C.2. is
amended to add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment) that
reproduces, receives or transmits audio,
visual or data signals which, at the time of
"loss", is:
(3)
Form HA 99 16 12 21 Page 3 of 5
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used
by the "auto" manufacturer for the
installation of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph
2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250,
whichever deductible is less.
10. EXTRA EXPENSE - BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of
SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of
SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:
if another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
13. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,
CLAIM, SUIT OR LOSS - of SECTION IV -
BUSINESS AUTO CONDITIONS that you must
notify us of an "accident" applies only when the
"accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
14. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
15. HIRED AUTO - COVERAGE TERRITORY
SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY -
is added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of
SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V -
DEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
19. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%,
to a maximum of $2,500, of the "non -hybrid"
auto's actual cash value or replacement
cost, whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed
a total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a. A "non -hybrid" auto is defined as an auto
that uses only an internal combustion engine
to move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
Form HA 99 16 12 21 Page 5 of 5
10AB41202
Effective 01/01/2023- 01/01/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional
Conditions:
If this policy is cancelled by the Company, other
than for nonpayment of premium, notice of such
cancellation will be provided to the certificate
holder(s) with mailing addresses on file with the
agent of record. Such notice will be provided
within 30 days of the Company's receipt of
certificate holder(s) information from the agent of
record.
If notice is mailed, proof of mailing to the last
known mailing address of the certificate holder(s)
on file with the agent of record will be sufficient
proof of notice.
Any notification rights provided by this
endorsement apply only to active certificate
holder(s) who were issued a certificate of
insurance applicable to this policy's term.
Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice
shall impose no liability of any kind upon the
Company or its agents or representatives.
Form IH 03 10 06 11 Page 1 of 1
© 2011, The Hartford
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
Policy Number: 10 WN S41200 Endorsement Number:
Effective Date:01/01/2023 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: BUREAU VERITAS HOLDINGS, INC. 1601 SAWGRASS CORPORATE PKWAY
SUITE 400
FORT LAUDERDALE, FL 33323
If this policy is cancelled by the Company, other than
for non-payment of premium, notice of such
cancellation will be provided to the certificate
holder(s) with mailing addresses on file with the
agent of record. Such notice will be provided within
30 days of the Company's receipt of certificate
holder(s) information from the agent of record.
If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file
with the agent of record will be sufficient proof of
notice.
Form WC 99 03 98 Printed in U.S.A.
Process Date:
Any notification rights provided by this endorsement
apply only to active certificate holder(s) who were
issued a certificate of insurance applicable to this
policy's term.
Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice
shall impose no liability of any kind upon the
Company or its agents or representatives.
© 2011, The Hartford
Policy Expiration Date:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 10 WN S41200 Endorsement Number:
Effective Date:o1/o1/2023 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: BUREAU VERITAS HOLDINGS, INC. 1601 SAWGRASS CORPORATE PKWAY
SUITE 400
FORT LAUDERDALE, FL 33323
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US.
Countersigned by
6.44064 ce.
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date: Policy Expiration Date: