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HomeMy WebLinkAboutBureau Veritas North America - 2017-05-15PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUREAU VERITAS NORTH AMERICA FOR PLAN REVIEW SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Bureau Veritas North America, Inc, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to professional plan review services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the 'PROJECT." CONSULTANT hereby designates Khoa Duong who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professional svcs to $49 10115 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on May 15, , 20 17 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed twenty nine thousand five hundred Dollars ($29,500). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/surfnet/professionalsvcsto $49 10/15 2ofII 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professional sves to $49 10115 3 of 11 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT agree/surfnet/professionalsvcs to $49 10115 4 of 11 waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all agree/surfiiet/professional sves to $49 10115 5 of I I payment of all taxes, 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, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/surfnet/professional svcs to $49 10/15 6 of 1 I 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Scott Hess 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Khoa Doung Bureau Veritas North America, Inc. 1665 Scenic Avenue, Suite 200 Costa Mesa, CA 92626 (714) 431-4123 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/surfnet/professional svcs to $49 10115 7 of 11 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the agree/surfnet/professional svcs to $49 10115 8 of 11 provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professional sves to $49 10115 9 of 11 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/surfnet/professional svcs to $49 10/15 10 of I I 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, Bureau Veritas North America, Inc. COMPANY NAME By: (�lli'1 U rC� k2�? C �I�ZCti print name ITS: (circle one) Chains Cresid:ent/,Vicc President AND By: � rc-61 r. Z 16 prnn ame ITS: (circle one ecreta Chief Financial Officer/Asst. Secretary — Treasurer agree/surfnet/professional svcs to $49 10115 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California q O+ 7" Directory (Pursuant To HBMC §3. 03.100) APPROVED AS TO FORM: V-7 City Attorney Date 5 / 1 1 r -7 RECEIVE AND FILE: City Clerk Date /// EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) California Code of Regulations, Title 24 Part 1 California Building Standards Administrative Code Part 2 California Building Code Part 2.5 California Residential Building Code Part 3 California Electrical Code Part 4 California Mechanical Code Part 5 California Plumbing Code Part 6 California Energy Code Part 7 (No longer published in Title 24. See Title 8, CCR) Part 8 California Historical Building Code Part 9 California Fire Code Part10 California Existing Building Code Part 11 California Green Building Standards Code Part 12 California Reference Standards Code Huntington Beach Municipal Code Noise Attenuation and local requirements Federal Flood Plan Regulations (FEMA) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Bureau Vertias North America, Inc. shall pay all wages to its plan reviewers who are subject to this agreement. EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: City shall quality control calculations by Bureau Veritas D. WORK PROGRAM/PROJECT SCHEDULE: City to provide plans for plan review on an as need basis. 2. Plan Check turn around times not to exceed a. Submittal # 1 10 days b. Submittal #2 7 days C. Submittal #3 5 days EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Senior / Stuctural Plan Check Engineer $130/hr. M/E/P Plan Check Engineer $120/hr. ICC Certified Plans Examiner $110/hr. Supervising Inspector $95/hr. Inspector II $80/hr. Inspector I $75/hr. Permit Technician $65/hr. B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made 1 Exhibit B within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I . CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUREAU VERITAS NORTH AMERICA, INC FOR PLAN REIVEW SERVICES Table of Contents 1 Scope of Services................................................................................................................ 1 2 City Staff Assistance........................................................................................................... 2 3 Term; Time of Performance................................................................................................ 2 4 Compensation......................................................................................................................2 5 Extra Work.......................................................................................................................... 2 6 Method of Payment............................................................................................................. 3 7 Disposition of Plans, Estimates and Other Documents....................................................... 3 8 Hold Harmless..................................................................................................................... 3 9 Professional Liability Insurance..............................................................................4 10 Certificate of Insurance....................................................................................................... 5 11 Independent Contractor....................................................................................................... 6 12 Termination of Agreement.................................................................................................. 6 13 Assignment and Delegation................................................................................................. 6 14 Copyrights/Patents.............................................................................................................. 7 15 City Employees and Officials............................................................................................. 7 16 Notices....................................................................................................................7 17 Consent................................................................................................................................8 18 Modification........................................................................................................................8 19 Section Headings................................................................................................................. 8 20 Interpretation of this Agreement......................................................................................... 8 21 Duplicate Original............................................................................................................... 9 22 Immigration.......................................................................................................................... 9 23 Legal Services Subcontracting Prohibited........................................................................... 9 24 Attorney's Fees..................................................................................................................... 10 25 Survival................................................................................................................................10 26 Governing Law..................................................................................................................... 10 27 Signatories............................................................................................................................10 28 Entirety.................................................................................................................................10 29 Effective Date.................................................................................I I City of • • Beach Inspection and PLan Review Fee Proposal. Schedule of Fees Our pricing reflects our commitment to the success of your project by helping you maintain significant quality and cost saving benefits moving forward. These include: Reduced plan review turnaround times and quick inspection response time Commitment to maintain a proposed rate structure for the life of the initial contract period ® Highly qualified staff • Confidence of working with a well -established consultant in business for 185+ years Next day inspections Same day inspections for urgent matters Hourly rates for project personnel are outlined below: Staff Level Classifications Hourly Billing Rate* Fire Marshal $130 Fire Protection Engineer/Plans Examiner $115 Fire Inspector $90 Other Services, If Requested Building Official $160 Senior / Structural Plan Check Engineer $130 M/E/P Plan Check Engineer $120 ICC Certified Plans Examiner $110 Supervising Inspector $95 Inspector II $80 Inspector 1 $75 Permit Technician $65 Resident Engineer $140 Public Works Plan Check Engineer $125 Public Works Inspector $90 Engineering Technician $65 *Pricing assumes that this contract is non -prevailing wage - for any prevailing wage projects, BVNA will discuss rates with the City to account for the California Prevailing Wage requirements. Overtime: All Employees classified as "non-exempt' by the U.S. Department of Labor will be compensated at 1-1/2 times salary for overtime hours as per State and Federal wage and hour laws. No overtime will be charged without prior consent. This fee proposal is valid for the first contract year and is subject to annual review and adjustment, with the approval of the City. P 3/28/2017 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Risk Management - Justin Wessels 2. Date: 5/4/17 3. Name of contractor/permittee: Bureau Veritas North America, Inc 4. Description of work to be performed: Fire plan review and inspection consulting services 5. Value and length of contract: 3 years 6. Waiver/modification request: $10,000 SIR on General liabilitypolicy 7. Reason for request and why it should be granted: unable to comply with requirements 8. Identify the risks to the City in approving this waiver/modification: N/A / fA( Departmebf Head Signature Date: insurance waiver Form (1).doc 6/4/2017 3:24:00 PM 14CERTIFICATE OF LIABILITY INSURANCE DATE(MN08Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poiicy(les) 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 endorsements). PRODUCER Aon Risk services Northeast, Inc. AOIT Risk services Northeast, Inc. NY NY Office 199 water street New York NY 10038-3551 USA CONTACT MORE 866-283-7122 800-363-0105 AIC. PI°•EslN AlC. No.: EMAIL ADD ESB: INSURER(S) AFFORDING COVERAGE NAIC# INSURED Bureau veritas North America, Inc. INSURERA: Hartford Underwriters Insurance Company 30104 INSURERS: Hartford Fire Insurance co. 19682 2430 Camino Ramon suite #122 San Ramon cA 94583 USA INSURERC: Allianz Global Risks us insurance co. 35300 INsuMERD: Twin city Fire Insurance Company 29459 1NSURERE: Trumbull Insurance company 127120' INSURERF: sentinel Insurance Company, Ltd 111000 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested S TYPE OF INSURANCE INDI a VO POLICY NUMBER O C F 0 Y LIMITS C X COMMERCIAL GENERAL LIABILITY CLAIMSMADE QOCCUR cGL 0 9 EACH OCCURRENCE $1,000,000 O ENTED E w ce $1,000,000 MEO EXP (Any one person) f 10, 000 PERSONAL& ADV INJURY f1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POUCY ( YIPS MLOG (� GENERAL AGGREGATE f2,000,000 PRODUCTS -COMPIOP AGO $2,000,000 OTHER: THE B A AuiOMOB RELUU11LfiY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS MREOAUTOS NON.OW NFO ONLY AUTOS ONLY 10 AB S41202 A05 10 AB s41203 HI 01/01/2017 01/01/2017 01{01/2018 01/01/2018 COMBINED SINGLE LIMIT IFA s J a l $1,000,000 BODILY INJURY(Parpeoun) BODILY INJURY (PeracoMenl) PROPERTY DAMAGE Per acdderu c X UMBRELLA LIAR EXCESSLIAB N OCCUR CLAIMSMADE ULA2008098 01/01/2017 01/01/2018 EACH OCCURRENCE $5,000,000 AGGREGATE f5,000,000 DEG I X IRETENTION $10.000 E H c WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANYPRROPMREiMETBOERR/FPXACRTWNDEERO/Eaculm N[NI (MitndatorylnNH) DCdesalbeunder bew RPTION OF OPEA Archit&Eng Prof 1OwN5412OO A05 10wNs412OO AK ID IL N] NY IPPL2008139 SIR applies per policy to 01{ 1/2017 01/01L/2017 01/01/2017 s & condi 01/01 2018 01/01/2018 01/01/2018 ions OTH- I XUTEIER EJ_EACH ACCIDENT f1,000, 000 E.L.DISEASE-EA EMPLOYEE $1,000,000 E.L.DISeASE.POLICYUMfr Each claim Aggregate SIR $1,000,000 $1,000,000 f1,000,000 $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1D1, Addillonel Remarks Bohedule, mny be anaebad If more space Is required) RE: Plan Review services. The city, its officers elected Or appointed officials empployees agents and volunteers are included as Additional Insured in accordance with the p0iicy provisions of the General Lability policy. Tie Architects & Engineers polic cludes coverage for Professional Liability and contractors Pollution Liability. APPROVED R CERTIFICATE HOLDER CANCELLATION XcrTy ATroRNEY SHOULD ANY OF THE ABOV IgPOCiD1 VTQWUNCIIEFORE THE EXPIRATION DATE THEREOF, TICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach AUTHOpRED PEPREBENTA71VE Attn: Risk Manager Main St. Hunt IV. e� .111L #I/ Huntington Beach CA 92648 USA &TISaB-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER 1D: 570000048582 _ LOC #: AnnITIONAL REMARKS SCHEDULE Page _ of AoE"Cy NAMED INSURED Aon Risk services Northeast, iric. Bureau veritas North America, inc. POLICY NUMBER See certificate Number: 570064987018 CARRIER NAtc coDE see certificate Number: 570064987018 EFFECTNEDATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIL # wsuRER G :Hartford insurance co of The southeast 38261 INSURER H :Hartford ins co of the Midwest 37478 INSURER r :Property & casualty ins co of Hartford 34690 INSURER 7 :Hartford Accident & indemnity company 22357 ADDITIONAL POLICIT,S If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.. IN5R LTR TYPE OF INSURANCE ADDL 1NSb SUER SWD POLICYNUh1bF.R POLICY EFFzcrwz DATE I/Db POLICY EXPIRATION DATE LlMrrti WORKERS COMPENSATION A N/A 1OWNS41200 HI MA 01/01/2017 01/01/2018 N/A 1AZ 1OWNS41200 GA KY MI MN NE OK SC 01/01/2017 01/01/2018 p N/A 1owNs41zo0 IA 01/01/2017 01/01/2018 K N/A 1OWNS41200 CA NC 01/01/2017 01/01/2018 g N/A 1OWNS41200 FL NH ND OH WA WY 01/01/2017 01/01/2018 G N/A 1OWN541200 PA 01/01/2017 01/01/2016 i N/A FIOWNS41700 LA VI- 01/01/2017 01/01/2018 D MIAF10WBRS41201 0 0 /201 1 Ol 2018 ACORD 101 (2008101) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000048582 LOG #: `X' ADDITIONAL REMARKS SGHEDULC Page _ of _ AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. Bureau veritas North America, Inc. POLICY NUMBER See Certificate Number: 570064987018 CARRIER NA10 CODE See Certificate Number: 570064987018 EFFECTIVE DATE: ADDrFIONAL REMARKS ACORD 101 (2000101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CONSOLIDATED BALANCE SHEET BUREAU VEIRITAS HOLDING INC. Based on audited figures n thousands of USD December 31st 2016 December 31st 2015 Goodwill 508,092 494,933 Intangible assets 78,886 83,831 Tangible assets 49,785 46,816 Deferred income tax assets 11 436 Other non -current financial assets 8,398 9,098 Total Noncurrent assets 646,171 636,114 Trade receivables 122,445 116,822 Current financial assets 28,108 22,920 Other current assets 16,411 8,226 Cash and cash equivalents 3,028 3,300 Total Current assets 168,993 161,268 Total Assets 814,164 786,382 December 31st 2016 December 31st 2016 Equity attributable to shareholders of the company 170,450 147,526 Equity - minority interests 251 251 Total Equity 170,701 147,777 Provisions for other liabilities and charges 6,082 2,101 Bank borrowings 519,968 534,620 of which borrowings to Mother company 152,940 of which borrowings to BV Certification Belgium 308,787 173,611 of which external borrowings 200,059 200,000 Deferred income tax liabilities 41,240 37,657 Other non -current liabilities 514 700 Total Non -current liabliltles 567,804 676,079 Trade payables 26,395 22,656 Other current liabilities 45,407 37,771 Bank borrowings 17 17 Other current financial liabilities 3,840 3,082 Total Current liabilities 76,669 63,627 Total Equity and Liabilities 814,164 786,382 /n thousands of USD CONSOLIDATED INCOME STATEMENT BUREAU VERITAS HOLDING INC. Based on audited figures December 31st 2016 December 31st 2015 Revenue 540,600 427,200 Personnel expenses External charges Taxes (other than Income tax) Depreciation and amortization Provisions for receivables Provisions for risks and charges Other operating charges Group share in result from equity method company (302,363) (236,809) (170,943) (128,997) (3,273) (2,023) (29,368) (17,829) 794 1,792 (4,198) (185) (7,412) (10) 360 169 Operational result 24,187 43,297 Net financial indebtness cost (9,583) (11,834) Other financial cost and income (1,176) (1,467) Net Finance Cost (10,759) (13,3011 Income tax (5,273) (11, 396) Consolidated Net Result 8,164 18,600 Attributable to: Equity holders of the company 6,164 18,600 minority interests - - CONSOLIDATED CASH FLOW STATEMENT BUREAU VERITAS HOLDING INC. Based on audited figures In thousands of USD December 31st 2016 December 31st 2015 Cash Flow from operating activities Net Income 8,154 8,336 Elimination of net income in associates (350) (264) Elimination of non cash Items 33,987 26,051 Elimination of income tax (corporate & deferred) 5,273 12,931 Elimination of investing and financing operations 10,650 14,453 Changes in working capital 1,813 9,461 Cash Flow from operating activities 69,527 70,968 Net Cash Flow from investing activities Purchases of property, plant and equipment (14,782) (12,054) Purchases of non current financial assets (3,318) (3,211) Proceeds from sale of property, plant and equipment (120) (168) Proceeds from sale of non current financial assets 162 0 Acquisitions/ Sales of subsidiaries (23,313) (12,433) Net Cash Flow from investing activities (41,371) (27,866) Net Cash Flow from Financing activities Net increase in borrowings Net repayment of borrowings Interest paid dividends paid 0 0 (15,742) (12,757) (9,225) (13,999) (324) Net Cash Flow from Financing activities (24,967) (27,080) Income tax (6,126) (17,941) Variation of income tax receivables & payables (without deferred tax) 12,688 2,109 Net Cash Flow from tax 6,662 (16,831) Foreign Exchange effects (25) (207) Net change in cash & cash equivalents (273) (17)