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HomeMy WebLinkAboutRBF Consulting - 2011-02-07 M�1A.);vs,4, . Council/Agency Meeting Held: Deferred/Continued to: Appr ved ❑ Conditionally Approved ❑ Denied 'SX LIP Ci ler ' Signa re Council Meeting Date: February 7, 2011 Department ID Number: FD11 003 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Patrick McIntosh, Fire Chief SUBJECT: Approve Contract with RBF Consulting for Preparation of a Local Hazard Mitigation Plan Statement of Issue: In October 2010, the Fire Department received a $100,000 grant through Cal-EMA and FEMA for the preparation of a Local Hazard Mitigation Plan (LHMP). Approval of the professional services contract with RBF Consulting for preparation of the plan is requested. Financial Impact: Preparation of the LHMP will be funded through the Cal-EMA and.FEMA grant. This grant is 75% reimbursable, with the requirement of a 25% match in city funding. However, the matching requirement can be met with in-kind staff time. Consequently, no additional appropriation of funds is necessary. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the professional services contract between the City of Huntington Beach and RBF Consulting for preparation of the LHMP. Alternative Action(s): Do not approve the contract with RBF Consulting and direct staff accordingly. HB - 1- Item 5. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 2/7/2011 DEPARTMENT ID NUMBER: FD 007 Analysis: In 2004, the city prepared a Hazard Mitigation Plan in accordance with the Federal Disaster Mitigation Act of 2000 (DMA 2000). DMA 2000 requires that all local governments establish and maintain a hazard mitigation plan in order to receive hazard mitigation funding. Over the years, the city has received over $13 Million in hazard mitigation funds for projects such as the Slater and Corsican flood channels, City Hall seismic retrofit, and various pump stations. There are currently several projects planned, including the Heil Pump Station replacement, large drainage improvements, and other projects in the Storm Water Master Plan. These projects range from $4 million to $8 million each. In late 2009, the Fire Department applied for a grant through Cal-EMA and FEMA, and in the last quarter of 2010 was awarded $100,000 for the preparation of a Local Hazard Mitigation Plan. With the current hazard mitigation plan now expired, this new plan will allow the city to continue to receive hazard mitigation funding. The Cal-EMA and FEMA grant funding is 75% reimbursable, with a 25% match in city funding. However, the matching requirement can be met with in-kind staff time, thus eliminating the need for an additional funding allocation. As part of a competitive bid process, four qualified vendors were reviewed and RBF Consulting was determined to be the most qualified by a panel of subject matter experts. City staff is recommending that the professional services contract with RBF Consulting be approved for preparation of the LHMP plan (Attachment 1). They have extensive experience in preparing this type of plan, having done so for over 60 government agencies, and their bid of$49,225 is within budget. RBF Consulting requested and received a waiver of the city's insurance requirements (Attachment 2) regarding the level of self-insured retention, based on the strong financial condition of the company. It has been reviewed and approved by the City Attorney and Risk Management staff. Environmental Status: None. Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and RBF Consulting for Local Hazard Mitigation Plan 2. Insurance Waiver Item 5. - 2 HB -62- ATTAC HM E N T # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RBF Consulting FOR Local Hazard Mitigation Plan 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 RBF Consulting A California Corporation a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to develop a Local Hazard Mitigation Plan 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 ti 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 Aaron Pfannenstiel who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs mayor 1 of 11 12/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on February, 23 , 20 11 (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 February 23,2012 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 Fifty Thousand Dollars $50,000 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 agree/surfnevpro£essional Svcs mayor 2 of 11 12/07 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. b. METHOD OF PAYMENT CONSULTANT'shall be paid pursuant to the terms of Exhibit "B." 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 PROTECT, completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD FlARMLESS 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 CONSUL`I,ANT''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. CONSUI_;TAN'T'will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSUI..TANT's counsel. This indernnity shall apply to all claims and liability regardless of whether any agree/surfnet/professional secs mayor 3 of 11 12/07 insurance policies are applicable. The policy limits do not act as limitation upon the annount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. 'Phis 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 might, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/surincYprol'essional sves mayor 4 of 11 12/07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT 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. agreel surfm/professional sves mavor 5 of 1 1 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible far any and all 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 of- 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. COPY RIGI,TTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agreel surliieUprofessiorr<il Svcs mayor 6 of 11 12/07 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 CONSULTAN'T,'s agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing; the salve in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANTmay 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: TO CONSULTANT: City ofTluntino't-nn Beach RFB Consulting Brevyn Mettler Attn:Aarron Pfannenstiel A I T N. 3300 East Guasti Rd. Suite 100 2000 Main Street Ontario,CA 91761 Huntington Beach, CA 92648 17, CONSENT 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 OCCUI'I•C11ce of the same of any other transaction or event. agree/snrrnetlprolcssional sees mayor 7 of If 12/07 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 eompetent,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 provision of this Agreement which is hereby affected shall be agree/%mAm/professional Svcs mayor 8 of 11 i 2/07 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 PROI-11131TED 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. CONS UI_,TANT understands that pursuant to Huntington Beach City Char•te3• Section 309, the City Attorney is the exclusive legal counsel for CI"I'Y; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT, 24. A`I"I"ORNEY'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 owls attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees frorn the nonprevailing party. agree/surfccUprofessional s+cs mayor 9 of I I 12/07 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. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily fallowing 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. B�fCI'/SUCII1Cl/I)rO rCss3068I svcs mayor 10 of 1 1 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. `phis Agreement shall expire when terminated as provided herein. CONSUf TAN'l-, /- CITY OF I-IUN'I,INO`I.ON BEACH, a fovnl' Cfl/�/SI�L%1/�r� _ municipal corporation of the State of COMPANY NAME California n ayor By: ��5. ��- RDNALb CRA- .. print name SB�+itiy� city Clerk ITS: (circle one)Chnirman/P denUVicc President Nt INITIA"11"D AND APPROVED: AND By: -- . ___ ..._._ oug a J. Firost -- — AL , Director/Chief print name ITS: (circle one)Secretaryl�lrief I�inanciasi 013�cer Ass1. Sm-etary-Treasurer RI VII='W APPROVED: ' Clty dministrator_^ - APPROVED AS TO DORM: Zy Za</ City Attorney ,l)kav i1t4\t1 agree/surlitet/s>rolessional sees mayor I I Of l I 12/07 EXHIBIT "A" A. STATEMENT Of WORI{: (Narrative of work to be performed) In 2004, the city wrote and approved a multi jurisdictional plan with the city of fountain Valley and four local school districts. In March of 2010, the plan expired and the city has received a federal grant to re-write the plan as a single jurisdiction LHMP. This plan will provide a set of action items that if implentented can help reduce the risk fi-oni natural hazards. This will be accomplished through education and outreach programs, by fostering the development of partnerships, and implementing preventive activities. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The consultant will conduct review of the natural and man-made hazards that threaten the City. They will present the hazards to the Hazard Mitigation Planning Team and immediately request input for strategies to mitigate these hazards. The selected consultant will be responsible for the following items: I. Kick-off'meeting with City staff 2. HazUS loss estimates for three earthquake scenarios (earthquakes on the San Andreas, Newport-Inglewood and San Joaquin Mills faults) 3. 100-year flood scenario 4. Prado Dam failure flood 5. Updating tsunami scenario to integrate current research, and inundation snapping 6. Integration of ratan-made hazards in accordance with fEMA guidelines (i.e. terrorism) 7. Integration of Sunset Beach annexation into plan 8. Removal of any outdated or inaccurate material 9. Edit, reformat and update existing document to make it Huntington Beach specific (remove all sections pertinent to fountain Valley and school districts) to reflect these tasks. 10. Working meetings with city staff will include review of existing action items and work accomplished under original LHMP Surfiiet 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: Attached.' B. Travel. Charges for time during travel are not reimbursable C. Billiniz 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 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 Surfnet Exhibit B hourly I 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. Surfnet Exhibit B hourly 2 ® Local Hazard Mitigation Plan City of Huntington Beach, Fire Department SECTION F I COMPENSATION ®� ® oP Total Fee 113 '���Kuk off Meet�h`g ,..� �. �, 4 w�. �g' 8 �a �� a�� � '2�, �.s�%`$3• 2�Review Existipg�Ha�ard Mit�gation�l?ian Qotumentation�, ` 4' 8 ,'�24��,< � 3x6� � $3;74Q ,Admin�s#rative prait,H,azarcl Mitigation.Plan Preparation,, ' $15,480 A Hazard Identification/Prioritization 1 2 12 15 $1,560 B HazUS Loss Estimates 1 2 4 7 $880 Earthquake Scenarios 24 24 $2,280 100 year Flood Scenario 8 8 $760 Dam Failure Scenario 8 8 $760 Tsunami Hazards 8 8 $760 C Additional Hazards Integration 1 2 8 11 $1,340 Man-made Hazards 8 8 $760 D Sunset Beach Annexation Integration 1 2 4 8 15 $1,640 E Mitigation Progress/New Strategies 1 4 8 8 21 $2,370 F Update Capabilities,Plan Maintenance 1 4 8 8 21 $2,370 77 Daft Hazard 777 A Review City Comments and Prepare Draft Document 1 4 8 24 37 $3,890 B Update FEMA Crosswalk 1 2 4 8 15 $1,640 5 F�nal,Hazard Mrt�gation Plan Preparation $Z,995 A CalEMA Final Revisions if necessary 1 3 8 16 28 $2,995 6 Cotrdination,and 1'4eetmgs„ A City Staff Working Meetings/Interviews 16 8 8 32 $3,840 B Hazard Mitigation Planning Team Meetings(6) 24 12 12 48 $5,760 C Public Outreach Meetings(2) 8. 4 4 16 $1,926 D City Council Presentation Assistance 8 4 4 16 $1,920 E Project Management and Coordination 16 12 28 $3,540 Reimbursables $1,500 TOTAL 4 _ 9 °`109, 10$ 192 4. 22 "$49,225 9 9 D e berrit ;1. Page 19 9 CONSULTING RBF ❑ CONSULTING 1/5/2011 JN 65-100807 Jim Slobojan Fiscal Services Manager 2000 Main Street Huntington Beach, CA 92648-2702 Subject: Addendum to RBF Consulting Scope of Work for the Local Hazard Mitigation Plan Update Dear Mr.Slobojan: On November 29,2010, RBF Consulting submitted a proposal to the City of Huntington Beach in response to a request to produce a Local Hazard Mitigation Plan Update. Some aspects of RBF's proposed scope of work were discussed with City staff at the ensuing interview and in a subsequent conversation with Mr. Brevyn Mettler on January 4,2001. As a result of these conversations,some minor changes in scope language are hereby incorporated into the text.The following changes to scope language reflect those proposed changes. Text Revision One Text revision one is in response to the City's concern that the Final Hazard Mitigation Plan would not be updated upon receipt of comments from CaIEMA and FEMA. Original Text from Page 6 of the Proposal: TAsx 5—FINAL HAzARD MITIGATION PLAN PREPARATION:Upon receipt of CalEMA comments on the Draft HMP,the RBF Team will revise and update the document for transmittal to FEMA The labor hours identified for the preparation of the Final HMP assumes no substantive issues or revisions will be required prior to submittal to FEMA In response to the City's concern RBF has prepared the following text to address this concern. Proposed Text TASK 5—FINAL HAZARD MITIGATION PLAN PREPARATioN:Upon receipt of CalEMA comments on the Draft HMP,the RBF Team will revise and update the document for transmittal to FEMA. If comments are received from FEMA,the RBF Team will make the necessary revisions to prepare the final approved plan. Text Revision Two Text revision two is in response to the City's concern regarding the last sentence of paragraph D of Task 6. This sentence indicates that the RBF Team can prepare the presentation and present the findings to the City Council for the City. Since this was not requested by staff, RBF has removed this text from our proposed scope of work. Original Text from Task 6 on Page 6 of the proposal: D. City Council Presentation Assistance—Understanding that a significant amount of information is compiled during the HMP update process,the RBF Team will support City staff and the HMP Team during the City Council Presentation necessary when the plan is adopted. This assumes a support role to City staff,which includes assistance in powerpoint slide preparation,graphics PLANNING 0 DESIGN D CONSTRUCTION 14725 Alton Parkway,Irvine,CA 92618-2027 8 P.O.Box 57057, Irvine,CA 92619-7057■949.472.3505■ Fax 949.472.8373 Offices located throughout California,Arizona&Nevada 0 www.RBF.com Mr.Jim Slobojan JN: 65-100807 January 5,2011 Page 2 preparation,and attendance at the hearing. If City staff would like the RBF Team to prepare the presentation and present to the City Council,the additional work can be provided under a separate scope and fee. In response to the City's concern, RBF has removed the last sentence from this paragraph and inserted new language regarding the support role that the RBF Team will play to City staff. Proposed Text D. City Council Presentation Assistance—Understanding that a significant amount of information is compiled during the HMP update process,the RBF Team will support City staff and the HMP Team during the City Council Presentation necessary when the plan is adopted. This assumes a support role to City staff,which includes assistance in powerpoint slide preparation,graphics preparation,and attendance at the hearing to answer questions,if necessary. This tasks assumes that the RBF Team will work closely with City staff to complete this task Clamscation as to Fee Discussions with City staff identified a concern that the proposed fee(as identified in Section F, Compensation) of$49,225 did not include the completion of the Plan update through final approval with FEMA. The RBF Team would like to acknowledge that completion of the proposed scope of work would result in an approved plan from FEMA. The fee associated with this work, is the original fee proposed in our November 29, 2010 proposal. In addition, if additional out of scope items are requested by the City during this process, the RBF Team can provide these services under a separate scope and fee, if necessary. If you have any questions or need additional clarification into this matter, please do not hesitate to contact me at your earliest convenience. Sincerely, Aaron Pfannenstiel Project Manager Planning and Environmental Services 909-974-4917 Aip(d)rbf.com Cc: Brevyn Mettler Kevin Thomas ATTACHMENT #2 Su, INSURANCE AND INDEMNIFICATION WAIVER Hntioah MODIFICATION REQUEST 1. Requested by: Risk Management 2. Date: January 13, 2011 3. Name of contractor/permittee: RBF Consulting 4. Description of work to be performed: Local Hazard Mitigation Plan 5. Value and length of contract: approx. $50,000 beg inn ig February 201� 6. Waiver/modification request: $250,000 SIR on Professional Liability 7. Reason for request and why it should be granted: see attached documents 8. Identify the risks to the City in approving this waiver/modification: N/A NN'tepart'Ment Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management a City Attorney' Office disagree. 1. Risk Management [" Approved ❑ Denied Signature Date 2. City Attorney's Office r Approved ❑ Denied +� l Z Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 1 12 2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A (NATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURERA:Travelers Property Casualty Cc of Ameri RBF Consulting INSURER B:Fireman Is Fund Insurance Co. PO Box 57057 Irvine CA 92619-7057 INSURER C:Underwriters at Lloyds London INSURER D: INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUTREMENT, TFRM OR CONDTTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MM/DDIYYI LIMITS A GENERAL LIABILITY 63050OD4092 11/30/2010 11/30/2011 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1 0 0 Q 000 CLAIMS MADE FX7 OCCUR MED EXP(Any one person) $10 0 0 0 X Contractual PERSONAL&ADV INJURY $1 000 000 X BFPD, XCU GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 00O 000 POLICY X PRO- LOC A AUTOMOBILE LIABILITY 8109496B499 11/30/2010 11/30/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,0 0 0,0 0 0 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS APPROVED AS 0 FORM (Per pers)n) X HIRED AUTOS ;N FER MoG a���l{��{{0 BODILY INJURY $ X NON-OWNED AUTOS ,{// w t ay (Per accident) `"' //Lyh'o l PROPERTY DAMAGE $ V Pa� y,� t ! ��I/ (Per accident) GARAGE LIABILITY eisin{ it {A Cy AUTO ONLY-EA ACCIDENT $ ANY AUTO - OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY SSE00048285639 11/30/2010 11/30/2011 EACH OCCURRENCE $10 000 000 X I OCCUR El CLAIMS MADE AGGREGATE $10 00O O O Professional $ DEDUCTIBLE Liability -is $ RETENTION $ Excluded $ WC STATU- OTH- WORKERS COMPENSATION AND T RY LIMITSI I ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER Per Claim $1,000,000 C Professional Liability PI109400 11/30/2010 11/30/2011 Annl Aggr. $2,000,000 Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. General Liability includes coverage for Independent Contractors. e: All Operations as performed by Named Insured. City of Huntington Beach, its agents, officers, and employees are Additional Insured as respects to General Liability as required by written contract. Primary and Non-Contributing coverage applies to GL as required by written contract. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City Of Huntington Beach; Attn: Justin WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Wessels CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 2000 Main Street SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Huntington Beach CA 92648 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV ACORD 25-S(7/97) O ACORD CORPORNTION 1988 J COMMERCIAL GENERAL LIABILITY 63050OD4092 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" '.property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part,but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oo- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ante" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. g The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However. if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-Contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section Ill—Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to the additional insured by this endorsement still is erred does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- of damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering o€, or failure #o render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove,drawings and specifications;and notice as soon as practicable of an "occur- ii, Supervisory, inspection, architectural or rence" or an offense which may result in a engineering activities. claim. To the extent possible, such notice should include: CG D2 46 08 05 Q 2005 The St. Paul Travelers Companies, Inc. Page I of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we U. The names and addresses of any injured cover under this endorsement. However, this persons and\Mtnesses;and condition does not affect whether the insur- ance provided to the additional insured by M. The nature and location of any injury or this endorsement is ,primary to "other insur- damage arising out of the"occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional Insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received;and "Written contract requiring insurance" means €i. Notify us as soon as practicable. that part of any written contract or agreement The additional Insured must see to it that we under which you are required to include a receive written notice of the claim or"suit"as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided"that the bodily injury and property damage oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of the claim or defense against the "suit", and contract or agreement by you; otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit"to c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 DNBi Page 1 of 11 � ()NI3)mc. � ATrN MullyriGoldstein ;. z z '� - �' �-RepoK Ar[nfad JapUdty 13 2Q11 �.:G. ' � + RsskManagernent �, �r 2 .. 5 Live Report: RBF CONSULTING FOUNDATION ..........._ ........ ............ D-U-N-ST Number-06 162,0458 Endorsememi Billing Reference;mgoldetehigi..fcity-hh,org D&B Address mgoldale3n�andeity- Enaursemenc: nro.org __ Address 14725 Anon Parkway Location Type Fleadquaners irvine.CA•826t8 f i Web wmv.rbf.com t Phone 948 472-3505 tl Fax i - ____ Company Summary Currency:Shown in USD unless otherwise indicated Score Bar Company News PAYDEXO 72 commerdal Credit Seer.Class 2 Today:Thursday,January 13,2011 Financial Stress Class j 3 .......... _ - ......_. . Credit Limit-D&B Cons. tive 400,000.00 This company is not currently tracked for Company News, D&S Rating — F ov:—d by Firstfta,n Detailed Trade Risk Insight— Public Filings Days Beyond Terms Past 3 Months The following data includes both open and dosed filings 2 found in D&B's database on this company. Days Record Type Number of Most Recent Dollar-weighted average of 29 payment Records Filing Date experiences reported from 17 Companies Bankruptcies 0 - Recent Derogatory Events Judgments 0 - Liens 0 Suits 0 Placed for Collection - - UCCs 2 12/14/09 - Bad Debt Written Off - - The public record items contained herein may have been paid,terminated,vacated or released prior to ................ -_. _.......... todays date. D&B Company Overview This Is a headquarters location Branch(es)or Divisions)exist Y Mailing Address 57057 IRVINE,CA92619 Chief Executive BOB KALLENBAUGH, CEO Year Stared 1944 Employees 800(350 Here) Financing SECURED SIC 8711,a713 Line of business Engineering services. surveyl%services NAILS 545330 History States INCOMPLETE Financial Condition STRONG - Corporate Linkage Branches(Domestic) Company - City,Steb. D-U-N.S®NUMBER RBF CONSULTING FOUNDATION SAN DIEGO, California 05-820-2379 RBF CONSULTING FOUNDATION SACRAMENTO, California 10-118-3700 RBF CONSULTING FOUNDATION LAS VEGAS, Nevada 10-266.1175 t1_,.7 .I_L: .__.__JA_._L:L. /.___.' aT'1't T7r]T]k T'TT'TNT TTl_-__-11 O_T`I-n T) R,rll7lT_nTl TIN.T'T 171')/r1 lltt DNBi Page 2 of 11 RBF CONSULTING FOUNDATION CARLSBAD, Callfamia 15-581-4408 ..... .._....._... .. . . ..... ....... .. .. .. ... .......... .. ....... .... .......... _..._..........__... ... ... ..... RBF CONSULTING FOUNDATION MARINA, California 16-699-5311 ... ...... ___. _.. .............. .... . . .. ..... ......_._ ....... __.. .. ... ........... .. _ .. .... .......... ..... ... .. .............. RBF CONSULTING FOUNDATION PALM DESERT, California 17-600-9530 RBF CONSULTING FOUNDATION TEMECULA, Calitornia 78-6e8-7703- RBF CONSULTING FOUNDATION CAMARILLO, Calitornia 79-806-8235 ............ ...... ....... ... .. ... ._...._...... _ ....._ ._........ _._.. .._...._.... .. .. ........ ................................ RBF CONSULTING FOUNDATION SAN RAFAEL, California 80-914.7036 RBF CONSULTING FOUNDATION WALNUT CREEK. California 94-284-8714 - RBF CONSULTING FOUNDATION PHOENIX, Arizona 03-174-8960 Predictive Scores Currency:Shown in USD unless otherwise indicated Credit Capacity Summary This credit raring was assigned because of D&Bs assessment of the companys creditworthiness.For more information,see the D&B Rating Key D&B Rating: -- The blank rating symbol should not be interpreted as indicating that credit should be denied.It simply means that the information available to D&B does not permit us to classify the company within our rating key and that further enquiry should be made before reaching a decision.Some reasons for using a'="symbol include:defeit net worth.bankruptcy proceedings,insufficient payment information, or incomplete history information. Below I$an overview of the companys sales: 146,382.00 rating history since 01-01-1991 ..._. . ... Number of Employees Total: 800(350 here) DRB Rating Date Applied 10-21-2 W 9 - . - As of 06f30109 .... .. 01-01-1991 Worth: _..........39.531 Working Capital: $39531 Payment Activity: (based on 1141 experiences) Average High Credit: 4154 Highest Credit: 40,000 Total Highest Credit: 294,850 Nate:The Worth amount in this section may have been adjusted by D&B to reflect typical deductions,such as certain intangible assets. D&B Credit Limit Recommendation Conservative credit Limit 400,000 Aggressive credit Limit: 900,000 Risk category for this business: LOW This recommended Credit Limit is based on the company profile and on profiles of other Companies with similarities in size,industry,and credit usage. Risk is assessed using D&85 scoring methodology and is one factor used to create the recommended limits.See Help for details. Financial Stress Class Summary The Financial Stress Score preci the likelihood of a firm ceasing business without paying all creditors in full,or reorganization or obtaining relief from Creditors under state/federal law over the next 12 months.Scares were calculated using a statistically valid model derived from D&Bs extensive data files. The Financial Stress Class of 3 for this company shows that firms with this class had a failure rate of 0.24%(24 per 10,000),which is lower than the average of businesses in D&B's database Financial Stress Class t 3 e,' (Lowest Risl Highest Risk:S) Moderate risk of severe financial stress,such as a bankruptcy,over the next 12 months. Probability of Failure: •Among Businesses with this Class:0.24% (24 per 10,000) • Financial Stress National percentile: 49 (Highest Risk;1;Lowest Risk:100) • Financial Stress Score: 1476 (Highest Risk:1,001;Lowest Risk;1,875) •Average of Businesses in D&Bs database:0.48% (48 per 10,000) The Financial Stress Class of this business is based on the following(.'tars: • UCC Filings reported. • High number of Inquiries to D&B over last 12 months. •Low proportion of satisfactory payment experiences to total payment experiences. • High proportion of past due balances to total amount owing. Notes: e The Financial Stress Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification.it does not mean the firm will necessarily experience final Stress. 1,+4 !/ 2 1, t.: 11.,1.:1 v .,o�/ +�( T 7T7T�T TT f V TTl—.,,11 Q,rft r N,4("1TlT'—D1)TATT 1 /1 2/1) 1 DNB* Page 3 of 11 •The Probability of Failure shows the percentage of firms in a given Class that discontinued operations over the past year with loss to creditors.The Probability of Failure-National Average represents the national failure rate and is provided for comparative purposes. •The Financial Stress National Percentile reflects the relative ranking of a company among all soorabfe companies In D&Bs file. • The Financial Stress Score offers a more precise measure or the level of risk than the Class and Percentile.It is specially helpful to customers using a scorecard approach to determining overall business performance. Norms National .........._.. ............. -.............. _..._._ _.... ........... This Business 48 .... ................. Region:_ .......... ..... ....._.. ........... .._. .. ........ . __. ....._.. ...__. PACIFIC 52 Industry:BUSINESS.LEGAL AND ENGINEERING SERVICES 52 ...-...... _........ ... ..._.......... . ...................... .... .. _....... .. ... Employee range:600� 61 Years in Buslftom 26• 77. This Business has a Financial Stress Percentile that shows: • Higher risk than other companies in the same region. • Higher risk than other companies in the same industry. • Higher risk than other companies in the same employee size range. • Higher risk than other companies with a comparable number of years in business. Credit Score Summary The Commercial Credit Score predicts the likelihood that a company will pay its bills in a severely delinquent manner(90 days or more past terms),obtain legal relief from creditors or cease operations without pay fig all creditors in full over the next 12 months.Scores are calculated using a statistically valid model derived from D&B's extensive data files. The Credit score class of 2 for this company shows that 10.6%of firms with this class paid one or more bills severely delinquent,which is lower than the average of businesses in D&B's database. Credit Score Class: 2 0. Lowest Risk:l;Highest Risk:5 Incidence of Delinquent Payment • Among Companies with this Classification:1O.6O%a • Average compared to businesses in D&Bs database: 23.50% • Credit Score Percentile: 75(Highest Risk:1;Lowest Risk:100) • Credit Score: 456(Highest Risk:101;Lowest Risk:670) The Credit Score Class of this business is based on the following factors: • rnsuffident number of payment experiences. • Law proportion of satisfactory payment experiences to total payment experiences. • Most recent amount past due. Notes: o The Commercial Credit Score Risk Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification,It does not mean the firm will necessarily experience severe delinquency. •The incidence of delinquency shows the percentage of firms in a given percentile that are likely to pay creditors in a severely delinquent manner.The average incidence of delinquency is based on businesses in D&B's database and is provided for comparative purposes. •The Commercial Credit Score percentile reflects the relative ranking of a firm among all storable companies in D&B's II •The Commercial Credit Score offers a more precise measure of the level of risk than the Risk Class and Percentile,it is especially helpful to customers using a scorecard approach to determining overall business performance. Norms National This Business 75 ~ Region:PACIFIC 46 Industry:BUSINESS,LEGAL AND ENGINEERING SERVICES 48 Employee range:500* 65 Years in Business:26, 88 ..................... ...................... .. This business has a Credit Score Percentile that shows: • Lower risk than other companies in the same region. • Lower risk than other companies in the same industry. • Higher risk than other companies in the same employee size range. • Higher risk than other companies with a comparable number of years in business. D&D PAYDEX® - The D&B PAYDEX Is a unique,weighted indicator of payment performance based on payment experiences as reported to DO by trader references.Learn more about the DO PAYDEX Timeliness of historical payments for this company. Current PAYDEX is 72 Equal to 12 days beyond terms(Pays more slowly than the average for its industry of generally within terms) - Industry Median is 80 Equal to generally within terms Payment Trend currently is H Unchanged,compared to payments three months ago Indications of slowness can be the result of dispute over merchandise,skipped Invoices etc.Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Total payment Experiences in D&Bs File(HQ) 114 Payments Within Terms(not weighted) 62% l..s+.,....!l....,') ,a...L: ..,_...,.,/,}...L:l........_._.....:..._f_.....:...,aT_'f'TIOT�N I'T'T'T-'T 7 11 O_T'fiy' A IIT`lT';—n'i7.TKTT 1 !1 DNBi Page 4 of I I Trade Experiences with Slow or Negative Payments(l) N/A Total Placed For Collection 0 High Credit Average 4,154 Largest High Credit 40,000 Highest Now Owing 40,000 Highest past Due 10,000 D&B PANT : 72 (Lowest Risk:100;Highest Risk;1) When weighted by amount,payments to suppliers average 12 days beyond terms 3-Month D&B PAYDEXCJ: 75 (Lowest Risk:100;Highest Rlsk:1) Based on payments collected over last 3 months. When weighted by amount,payments to suppliers average 8 days beyond terms D&B PAYDEX@ Comparison Current Year PAYDEX@ of this Business compared to the Primary Industry from each of the last four quarters.The Primary Industry is Engineering services,surveying services,based on SIC code 87It. Shows the trend in D&B PAYDEX scoring over the past 12 months. 2110 3110 4/10 5/10 6110 7/10 8/10 9/10 10/10 11/11) 12110 1111 This Business 68 66 67 68 68 60 68 68 72 73 72 72 Industry Quartiles Upper 60 80 80 80 Median 80 80 80 80 Lower 78 78 79 78 • Current PAYDEX for this Business is 72,or equal to 12 days beyond terms • The 12-month high is 73,or equal to 11 DAYS BEYOND terms • The 12-month law is 67,or equal to 18 DAYS BEYOND terms Previous Year Shows PAYDEX of this Business compared to the Primary Industry from each of the last four quarters.The Primary Industry is Engineering services,surveying services,based on SIC Code 8711. Previous Year 01109 06f09 ostog 12f09 O1'09 02,09 03,09 04'09 _ _,_ _._........ .......... ........ _.. ._..... .. .......................__. .................... _.............. ____..__ ....._..._..-_._... This Business 68 69 68 68 Industry Quartiles Upper _ - 80. .._ .. 80 80 80 Median 80 80 80 80 bower 77 78 78 78 Based on payments collected over the last 4 quarters. • Current PAYDEX for this Business is 72,or equal to 12 days beyond terms •The present industry median Score Is 80,or equal to generally within terms • industry upper quartile represents the performance of the payers in the 75th percentile • Industry lower quartile represents the performance of the payers in the 25th percentile Trade Payments Currency:Shown in USO unless otherwise indicated li PAYDEX® The D&B PAYDEX Is a unique,weighted indicator of payment performance based on payment experiences as reported to O&B by trader references.Learn more about the D&B PAYDEX Timeliness of historical payments for this company. Current PAYDEX Is 72 Equal to 12 days beyond terms(Pays more slowly than the average for its industry of generally within terms) Industry Median Is 8o Equal to generally within terms Payment'trend currently is 0 Unchanged,compared to payments three months ago - Indications of slowness can be the result of dispute over merchandise,skipped invoices etc.Accounts are sometimes placed for Collection even though the existence or amount of the debt is disputed. Total payment Experiences in D&Bs File(HQ) 114 Payments Within Terms(not weighted) 82% Trade Experiences with Slow or Negative Payments(%) 1232% Total Placed For Collection 0 Ls —-.//_.„') A—Ii ........./A-1_: v.-1 T'T'T'll TTl 11 V-Uf U A 4f-%TlY'—T)T3 TAT'!' 1 /1 1)Ill A1 1 DNBf Page 5 of I 1 High Credit Average 4.154 Largest High Credit 40,000 Highest Now Owing 40,000 Highest Past Due 10,000 D&B PAYDEXO: 72 0- (Lowest Risk:100;Highest Risk:1) When weighted by amount,payments to suppliers average 12 days beyond terms 3-Month D&B PAYDEXO: 75 0 (Lowest Risk:100;Highest RIsk:1) Based on payments Collected over last 3 months. When weighted by amount,payments to suppliers average 8 days beyond terms D&B PAYDEXO Comparison Current Year PAYDEXO of this Business compared to the Primary Industry from each of the last four quarters.The Primary Industry is Engineering services,surveying services,based on SIC code 8711. Shows the trend in D&B PAYDEX scoring over the past 12 months. 2/10 3110 4110 5/10 6/10 7/10 8/10 9/10 10/10 11110 12/10 1/11 .._...._....._._...____.._.---------.-----._....._.___...__....._..._.__..___.._____---_._...------___........________.__.._._..._..___...___._...__._._.._.._._._._.._...................._......__......__..__..........._......____.....__...... _ This Business 68 68 67 68 a8 66 68 68 72 73 72 72 Industry Quartiles Upper 80 60 80 60 Median 80 80 80 80 Lower 78 78 79 7B • Current PAYDEX for this Business Is 72,or equal to 12 days beyond terms 9 The 12-month high is 73,or equal to 11 DAYS BEYOND terms •The 12-month low is 67,or equal to 18 DAYS BEYOND terms Previous Year - Shows PAYDEX of this Business compared to the Primary Industry from each of the last four quarters.The Primary Industry is Engineering services,surveying services,based on SIC code 6711. Previous Year 071 09 08f09 09f09 12109 Q109 Q2'09 Q3'09 Q4'09 This Business 68 69 68 68 industry Qoarlilas Upper 80 80 80 80 Median 80 60 60 80 Lower 77 78 78 78 Based on payments collected over the last 4 quarters. • Current PAYDEX for this Business is 72,or equal to 12 days beyond terms •The present industry median Score is 80,or equal to generally within terms •Industry upper quartile represents the performance of the payers in the 75th percentile •Industry lower quartile represents the performance of the payers in the 25th percentile Payment Habits For all payment experiences within a given amount of credit extended,shows the percent that this Business paid within terms.Provides number of experiences to calculate the percentage,and the total credit value of the credit extended. Credit Extended V Payment Experiences Total Amount a/o of Payments Within Terms ....... .. ..........___ _...._.... --------------- .__............... .._..-----------_._.. ......._.._....._ ---------.,._Over 100,000 0 0 0% 50,000-1Do,00D o 0 D% _.._...- ............. 15000-49,999 - .._.... ............... 5 -- _..175,000....84% 5,000-14,999 7 60,000 3e1. ., 1,000-4,999 20 35,000 55% Under 1.000 35 -8,350 86% Based on payments collected over last 12 months. All Payment experiences reflect how bills are paid in relation to the terms granted.In some instances,payment beyond terms can be the result of disputes over merchandise,skipped invoices etc. Payment Summary • There are 114 payment experience(s)in D&Bs file for the most recent 24 months,with 50 experience(s)reported during the last three month period. • The highest Now Owes on file is 40,000.The highest Past Due on file is 10,000 __ 1-/-tT'rITaT rT T-,T TTl_____11 o_»r,n A X/lT\T_T'%"TXTT DNBi Page 6 of 11 Below is an overview of the oompanys currency-weighted payments,segmented by its suppliers primary industries: Total Total Within Days Slow Revd Artlts Largest High Terms <31 31-60 61-10 so> {a) Credit (�) {/.)N lap Industries Telephone communlclns 11 54,550 40,000 98 0 2 0 0 1...... ......._.......... ............_.. .... .. ... ...._..._._ _._...... ...._....._._. Nonclassified 7 1,800 1,000 100 0 0 0 0 Computer maintenance 5 2,850 1,OD0 47 35 0 0 18 Misc Publishing 5 950 500 100 0 0 0 0 Photoc pying service 5 0 0 0 0 0 0 0 .....___.. ...................... .. ........_ ......._.._ _.._._...,.._......_ ......._ ............._ ...._.___.._..._ Radiotelephone common 4 44.250 10.000 100 0 0 0 0 Misc equipment rental 3 3.000 1,000 100 0 0 0 0 Public finance 2 20,000 10,000 So 50 0 0 0 Rat computerlsoltwara 2 12.500 10,000 0 50 50 0 0 ..............._...._.._._......._...._.... .___._........_....___.__.._____._._...___........... What printing paper 2 200 100 75 25 0 0 0 ......_....__._..._.__....................... _...............__.__......._..... -'.._._..._._.-....__,. .....__._......_. Whol electrical equip 2 100 50 100 0 0 0 0 Executive office 1 40.000 40,000 100 0 0 0 0 ....._.. ...... ............ ... .. .......... .. .._..... ...... ... .. ... ...... .................... Engineering services 1 30.000 30,000 50 50 0 0 0 What computers/softwr 1 25,000 25,000 so 0 50 0 0 Mfp procasa controls 1 10,000 10.000 0 100 0 0 0 Short-Irm burn credit 1 7,500 7,500 0 100 0 0 0 Natnl commercial bank 1 5,000 5,000 100 0 0 0 0 Mfg photograph equip 1 2,500 2,5D0 0 100 0 0 0 Prepackaged software 1 2,500 2,500 100 0 0 0 0 Employment agency 1 2,500 2,500 100 0 0 0 0 Mfg manifold forms 1 2,500 2.500 0 50 50 0 0 Mfg medical Instrmnt 1 2,500 2.500 100 0 0 0 0 Trucking nondocal 1 2,50D 2,500 50 0 50 0 0 H y cons)eqpt rental 1 1,000 1.000 100 0 0 0 0 Whol chemicals 1 1,000 1,000 0 100 0 0 0 Electric services t 750 750 50 50 0 0 0 State commercial bank 1 75C 750 0 0 50 50 0 Lithographic printing 1 Soo Soo 100 0 0 0 0 Security systems svcs 1 so 500 100 0 0 0 0 Wholdumble odds 1 500 500 10D 0 0 0 0 Wncl nondurable goods 1 250 250 100 0 0 0 0 Air courier service 1 100 100 100 0 0 0 0 Whol office equipment 1 100 100 0 0 0 0 100 Whol service paper 1 100 100 100 0 0 0 0 Mfg mist office egpt i 50 50 100 0 0 0 0 Delecfivalguard Svcs 1 50 50 100 0 0 0 0 Other payment categories Cash experiences 40 6.500 750 Payment record unknown 1 10 000 10.000 Unfavorable cGollnents 0 0 0 Placed for collections: With D8B 0 0 0 Other 0 N/A 0 Total in D&Bs Ole 114 294.860 40,000 Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Indications of slowness can be result of dispute over merchandise,skipped invoices etc. Detailed payment history for this company Date Reported High Credit Last Sale (mmlyy) Paying Record Now Owes Past Due Selling Terns Within (month) 12110 PPt 5,000 2.500 0 t mo Ppt 2,500 0 0 6.12 mos .......... ..... ._....__... .. .........._..._._ ... ..... .. .-- ... .._ .. .. ......._._. .......... ....... PPI S00 0 0 2-3 mos Pitt 100 0 0 2-3 mos Apt 50 50 0 1 mo Ppt-Slow 30 750 750 0 N30 1 mo Ppl-Slow 60 25,000 15,000 0 N30 1 mo Slow 30 2.500 1,000 2 3 mos (009) 250 0 0 Cash account 6-12 mos 11/10 Ppt 100 0 Ppt 0 0 1 mo Ppt 40,000 ... 40,000 0 1 mo Ppt 40,000 .. _ .. 1 mo 1„1_: ..,..__/1„1-:/,.�W„.,„:�„!„_:„a7'`lnTnT`T T?'TT"C7 TT't-„..lt O_�!'+L' TrTllTl'C-T]T3 TT.T'r 1 /1 /,)Aii DNBi`"� Page 7 of 11 Ppt 2 500 0 0 2.3 mos Ppt 1.000 500 Lease Agroemnt Ppt f 000 50 Lease Agreemnt ... ............ ... ............_ ... _._. . .. ..... ........ .. .. ........ ... ........ ... ................... _ .. .. ... . .. ..... Pot 1.000 0 0 6-12 mos .... _.._.. ....... .......... .._. ...... ... ......... .........._........ .. ... ... .. .. ......_._.__. ._. .. Pot 1,000 250 Lease Agreamnt Pot 500 500 0 1 ma Pot 250 100 0 1 mo Ppt 250 250 0 1 mo Ppt 100 100 0 1 mo Pot 100 100 0 1 me Plot 100 100 0 1 mo Ppt 100 0 0 6-12 mos _........ _....._.._ ........... ..... ... .. .. ...... . ...__._..__.._ .... PPt 100 100 0 1 mo .._ __......... .......... ........ ...... _.. .. ... .. .__...... ......-........... .......... Plat 50 0 0 N30 1 mo Ppt 50 0 0 2.3 mos Ppl 50 50 0 1 mo, Ppt 50 0 0 6-12 mos Ppt 50 0 0 6-12 mos Ppt 50 D 0 N30 4-5 mos Ppt-Slow 30 100 50 50 4-5 mos slow 30 7.500 7,500 7.500 (035) 750 Cash account 1 mo (036) 750 Cash account 1 mo (037) Soo Soo Cash account (038)Cash own option, 50 0 0 1 mo (039)Cash own option. 50 0 0 2-3 mos (040) 0 0 0 Cash account 8-12 mos (041) 0 0 0 Cash account 6-12 mos (042) 0 0 0 Cash account 6-12 mos 10110 Ppt 500 500 0 1 mo Ppt 50 50 0 N30 f mo (045) 250 Cash account 6-12 mos (046) 100 Cash account 6.12 mos (047) 100 - Cash account 4-5 mos (046) 100 Cash account 6-12 mos (049) 50 Cash account 1 mo 09110 Ppt 2.500 0 0 1 me Pat 1,o00 0 0 1 mo Ppl 750 0 0 6.12 mos Ppt 750 0 0 6-12 mug Ppt - 50 0 0 6-12 mos Ppl 5o 0 0 6-12 mos Ppt 0 0 1 mo Pit! 0 0 1 mo Pot 0 0 1 ma Pot 0 0 1 mo Ppl-Slew 30 1,000 0 0 6-12 mos (061) 10,000 0 0 1 mo 07110 (062) 250 Cash account 1 mo 06110 Pot 250 0 0 6-12 mos Ppl 100 100 50 1 mo slow3mo 10.000 1.000 0 1 mo Stow 30-50 2,500 0 0 6-12 mos 05110 Ppt 1,000 1,000 0 1 me Stow 10,000 1 mo 04110 Ppt 2,500 0 0 N30 6-12 mos, 03110 Slow 150� 100 0 0 6-12 mos 01110 Pot 1.000 0 0 N30 6-12 mos 12109 Pot 10,000 f mo 11109 Ppt-Slow 60 2,500 100 too 2-3 mos 10109 slow 5 1,000 750 250 N30 1 mo 04109 Pot Soo 0 0 6.12 mos 03109 Pot 2,500 0 -0 6-12 mos Pot 25C 0 0 1 mo Pot 100 0 0 6-12 mos 02/09 Slow 60-90 750 0 0 2-3 mos 12M Ppt 500 250 0 1 mo Payments Detail Key: 30 or more days beyond terms Payment experiences reflect how bills are paid in relation to the terms granted.In some instances payment beyond terms can be the result of disputes over merchandise,skipped invoices,etc.Each experience shown is from a separate suppiler,Updated trade experiences replace those previousty reported. Public Filings Currency:Shown in USD unless otherwise indicated E -3-1- .-_/.1—L:/.-__.,_- _../---' -T'/-tTOTl N7`Y'T T-.7 DNBi Page 8 of 11 Summary .. Thefollowing data includes both open and closed filings found in D&B's database on this company. Record Type #of Records Most Recent Filing Date Bankruptcy Proceedings J _ 0 Judgments D - Uens 0 Suits 0 - UCCs 2 12A4/09 The following Public Filing data is for information purposes only and is not the official record.Certified copies can only be obtained from the official source. UCC Filings Coffatenl All Inventory and proceeds-All Accouni and proceeds-All General intangibles(s)and proceeds•All Equipment and proceeds-All Chattel paper and proceeds Type Original Sec.Party BANK OF AMERICA,N.A.,PASADENA,CA Debtor RBF CONSULTING Filing No. 097183659947 Filed With SECRETARY OF STATEJUCC DIVISION,SACRAMENTO,CA Date Filed 2009-01-07 Latestinto Received o1/15109 ...................................................... ........._._..............._......_.,.........,...-..,..............._..................._......., Type Termination Sec.Party BANK OF AMERICA,N.A.,PASADENA,CA Debtor RBF CONSULTING Filing No. 0972168451 Filed With SECRETARY OF STATEfUCC DIVISION,SACRAMENTO,CA Date Filed 2009-12-14 Latest Info Received 121l5iO9 Original UCC Filed Date 2009-01-07 Original Filing No. C97153659947 Government Activity Activity summary Borrower(Dir/Guar) NO Administrative Debt NO Contractor YES Grantee NO Party excluded from federal program(s) NO Possible candidate for socioeconomic program consideration Labour Surplus Area N/A Small Business NIA 8(A)firn NIA The details provided in the Government Activity section are as reported to Dun&Bradstreet by the federal government and other sources. Special Events Currency:Shown in USD unless otherwise indicated'✓ Special Events 1212212010-OFFICER CHANGE; According to published reports,RBF Consulting,announced the promotion of Gary Warkentin,to Senior Vice President of the firm. 0511912010-OTHER SPECIAL EVENT; According to puhlished reports,RBF Consulting Foundation announced the relocation of their office in San Jose.Formerly on St.John Street,REP has relocated to 111 N.Market Street,Suite 440. San Jose,CA. 05106/2010-OTHER SPECIAL EVENT: According to published reports,RBF Consulting Foundation announced the relocation of their Sacramento office to 4540 Duckhom Drive,Suite 202,Sacramento,CA 95834-2597. 1.,++--.11—„'1 A—1-: ,.,..... IA-.L,:l,,,..- 1.....:—+Cl'L'nL'1s TTT r,7 TT-N--,,11 D-CI-U A rfllTlU—UD TT.T'r 1 /1'1 11) 1 1 DNBi Page 9 of 11 01108/2010-BUSINESS MOVED: .....__.._._._. .. ....... _.._..... ........................... ..._ .... _....... .......... .. . ....... .............. .... ... ... ...._. ...... According to published reports,RBF Consulting Foundation announced the relocation of them offices in Las Vegas.Formerly on Flamingo Road,REF has relocated to 6725 Via Austi Parkway,Suite 350 in Las Vegas,Nevada, 1211712009-ANNOUNCED OFFICER CHANGE According to published reports,REF Consulting Foundation announced the promotion of Rick Rubin and Paul I as Executive Vice Presidents to serve on the Company's Executive Committee, beginning on January t,2010. History&Operations Currency:Shown in USD unless otherwise indicated Company Overview Company Name: - RBF CONSULTING FOUNDATION Street Address: 14725 Alton Parkway Irvine,CA 92618 Mailing Address: 57057 Irvine CA 92619 Phone: 9494723505 - URL: httpolwvnv.rbf.com History Is incomplete Operations Profitable Present management control 67 years Annual Sales 145.382 History The following information was reported:12/22/2010 BOB KALLENBAUGH,CEO - Officer($): 31M MCDONALD,CEO DOUGLAS FROST,EXEC V PRES-CFO GARY WARKENTIN,SENIOR VICE PRESIDENT DIRECTOR(5): THE OFFICERS) The California Secretary of State's business registrations file showed that RBF Consulting Foundation was registered as a corporation on August 14,1991. Business started 1944 by Jack G.Raub,William Frost and others. BOB KALLENBAUGH born 1953.1974-present active here. JIM MCDONALD born 1954,1974-present active here. DOUGLAS FROST born 1949.1964-present alive here.1972-1974 employed by Great American Insurance CO,Los Angeles,CA.1974-19B4 senior manager for Haskin Sells Accountancy later becoming Haskins Delcitte and Sells then becoming DeloitteTouche,Costa Mesa,CA.1972 graduated from California State University,Long Beach,CA. GARY WARKENTIN.Antecedent Unknown. Operations 1zlzuzolg Provides engineering services,specializing in civil engineering(70%).Provides surveying services(30%). Description: Terms are contracts based on a fee basis.sells to developers and districts.Territory:United Stales(99%)and Internationally(1%). Nonseasonal. Employees: 800 which includes officer(s)and 32 part-time.350 employed here. Facilitieso Owns 70,000 sq.0.in a two story building. Location: Suburban business section on well traveled street. Branches: The company maintains branches in Camarillo,Palm Desert,San Diego,Walnut Creek,San Jose,Temecula,Ontario,Sacramento,Carisbad,and Los Angeles,CA. Phcenix,AZ and Las Vegas,NV.All branches have the same name and operations. SIC&NAICS SIC: Based on information in our file,D&B has assigned this company an extended 8-digit SIC.D&B's use of 8-digit SiCs enables us to be more specific about a company's operations than if we use the standard 4-digit code. The 4-digit SIC numbers link to the description on the Occupational Safety&Health Administration(OSHA)Web site.Links open in a new browser window. 8711 0402 Civil engineering 8713 0000 Surveying services NAICS: 541330 Engineering Services 541370 Surveying and Mapping(except Geophysical)Services Banking 1.++,.....11..—'1 A-1— ,,,....../ll,..l-.:1.................:..../,- +�f`rC�D7�T'T'T'I"CI- TTl— :,;119,Ujf'[, AAnTlU—DT]TTRTr 111111ol 1 DNBi Page 10 of 11 11110 Account(s)averages low 5 figures.Account open over 10 years. Financials Currency:Shown In USD unless otherwise indicated Company Financials:0&9 D&B currently has no financial information on file for this company. You can ask D&B to make a personalized request to this company on your behalf to obtain its latest financial information by clicking the Request Financial Statements button below, ........... ... ................ .. .. .. .. .. _ ...... ............... ...... _. _...... ........__................_..... ... Statement Update 05/24/2010 Fiscal statement dated JUN 30 2D09: Assets Liabilities Cash 39,531 Accts Pay _. 0 ._.-_.....-. .__... ............ .. .. .. ._.... _ _...._.......... ,. ............ ................ ....................._............ ..___................... Curt Assets 39,531 Curr Liabs 0 TOTAL NET ASSETS OR FUND BALANCES 39,531 Total Liabilities*Equity 39.531 From JUL 012008 to JUN 30 2009 annual sales$146,382;gross profit$146,362;operating expenses$131,268.Operating income$15,114;net income$15,114. Extent of audit,if any,not indicated. Explanations The business was preparing itS Statement on a Cash Basis. Additional Financial Data On October 21,2009,attempts to contact the management of this business have been unsuccessful,Outside sources confirmed operation and location. Incomplete history caption has been applied due to the following factor -Slack awnershlp has not been clearly established. Key Business Ratios Statement Date Jun 30 2009 Based on this Number of Establishments 16 industry Norms Based On 16 Establishments This Business Industry Median Industry Quartile Profitability —'-'-'-'-- -----------_ Return on Sales 10.3 0.4 1 Return on Net Worth 38.2 4.8 2 .... .. .. ... ..........._... .. ... ......... ...... .. ...... ... .. Short-Term Solvency Current Ratio 999.9 0.8 1 Quick Ratio 999.9 0.7 1 Efficiency AsseWSales(%) 27.0 5.6 4 Sales/Net Working Capital 0.0 14,8 UN Utilization Total Liabilities!Net Worth(%) 0.0 34.9 1 Detailed Trade Risk TnsightrM Detailed Trade Risk Insight provides detailed updates on over 1.5 billion commercial trade experiences collected from more than 260 million unique supplier/purchaser relationships. Days Beyond Terms•Past 3&12 Months 12 months from Feb 10 to Jan 11 3 months from Nov 10 to Jan It Da s, L Oa s Dollar-weighted average of 73 payment experiences reported from 30 companies Dollar-weighted average of 29 payment experiences I-u..._,,.//.. -1) A-I-: /A-L:/_-----:`-/_:—",. T"7T`T T'T'T 71N7 TTl-...,,.II O_L`/-T: T if llTl '-TIT)TT TIP 1 /1 /1)01 l DNBi Page 11 of 11 reported from 17 companies Derogatory Events Last 11 Months from)an 10 to Nov 30 No Derogatory trade Event has been reported on this company for the past 13 Months Total Amount CLrrent a ed Post Due-11 month trend from Jan 10 to Nov 10 Status Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Jul-10 Aug-10 Sep-10 Oct-10 Nov-10 Total 23.379 G0,063 109.324 98.0% 69,377 87,157' 69,77T 84.197 75925, 105,270. 68,44V - Curront 42,513 63,248 99,282 65,491, 59,457 59,822 65,8B4 81,522: 86,449 97,434 65,616: 1.30 Days Past Due -23,844 -3.221 9.957 745:. - 17,415 3847: 2,187. 7,000 7,790 732: � - � - 31.6DDays Past Due 4236 35' 37 11.020 9,874 9,874: 488: 2,430 1,053. 61-90 Days 237 24 — -- Past Due 90.Days Past Due 237 - 24 46 46 48 - 46 46 46 This information may not be reproduced in whole or in part by any means of reproduction. -........ _................ ............ ____.._.__..... ........... ..... ..-----_. .._ __._.... . O 2005-2011 Dun&Bradstreetr Inc. Y-,T'T I n11 ® s CONSULTING; January 13, 2011 Brevyn Mettler, CEM Huntington Beach Fire Department 2000 Main Street Huntington Beach, CA 92648 Dear Brevyn: SUBJECT: FINANCIAL CAPACITY— RBF CONSULTING The following is in response to a request regarding the submission of financial information for RBF Consulting. RBF Consulting is a privately-held firm and as such, we do not release our confidential financial statements. However, we are pleased to provide the following information that we hope satisfies your needs relative to our financial strength and ability to complete our obligations for this project. If additional information is necessary, arrangements can be made to send a Company representative with the appropriate financial records to your office for your review. The Firm was established in 1944 in Orange County, California and currently has fourteen offices throughout California, Arizona and Nevada. The Firm has over 600 employees who provide planning, engineering and surveying services on significant projects to numerous private and public sector clients in both the United States and internationally. Total assets as of December 31, 2009 are over $74,500,000, and total revenues for 2009 were in excess of $120,000,000. RBF was ranked 79 in the top 500 engineering consulting firms in the Country by Engineering News Record for 2008. Further inquiries concerning the financial stability of the Firm may be made to Mr. Matthew Taylor, Vice President at Wells Fargo, 949-251-4932. Sincerely, Dougla . Frost Execut v Vice President & CFO PLANNING ® DESIGN ® CONSTRUCTION 14725 Alton Parkway,Irvine,CA 92618-2027■P.O.Box 57057,Irvine,CA 92619-7057■949.472.3505■Fax 949.330.4130 Offices located throughout California,Arizona&Nevada■www.RBF.com AC®RD CERTIFICATE OF LIABILITY INSURANCET11/12/20(MMIDDIYY) DATE 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A:Travelers Property Casualty Cc of Ameri RBF Consulting INSURER B:Fireman Is Fund Insurance Co. PO Box 57057 Irvine CA 92619-7057 INSURER c:Underwriters at Lloyds London INSURER D: INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMMIDDIYY) LIMITS A GENERAL LIABILITY 63050OD4092 11/30/2010 11/30/2011 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1 QQQ 000 CLAIMS MADE 1XI OCCUR MED EXP(Any one person) $1 Q Q Q 0 X Contractual PERSONAL&ADV INJURY $1 000,000 X BFPD, XCU GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 0 0 O 0 0 0 POLICY X PRO LOC A AUTOMOBILE LIABILITY 8109496B499 11/30/2010 11/30/2011 COMBINED SINGLE LIMIT $1 OQQ,QQQ X ANY AUTO (Ea accident) r ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY SSE00048285639 11/30/2010 11/30/2011 EACH OCCURRENCE $10 000 000 X OCCUR CLAIMS MADE AGGREGATE $1 0 0 0 O 0 0 Q Professional $ DEDUCTIBLE Liability is $ RETENTION $ EX luded $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS t I ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER Per Claim $1,000,000 C PI109400 Professional Liability 11/30/2010 11/30/2011 Annl Aggr. $2,000,000 Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS eneral Liability policy excludes claims arising out of the performance of professional services. eneral Liability includes coverage for Independent Contractors. e: All Operations as performed by Named Insured. City of Huntington Beach, its agents, officers, and employees are Additional Insured as respects to General Liability as required by written contract. Primary and Non-Contributing coverage applies to GL as required by written contract. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Huntington Beach; Attn: Justin WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Wessels CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 2000 Main Street SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Huntington Beach CA 92648 THE INSURER, ITS AGENTS OR REPRESENTATIVES. 0a, oft AUTHORIZED REPRESENTATIV ACORD 25-S(7/97) O ACORD CORPO TION 1988 J OP ID:KH CERTIFICATE OF LIABILITY INSURANCEF�AT01111D/YYYY) 01/11/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 714-708-4370 CONTACT United Captive Ins.Brokers PHONE Fax 17151 Newhope St.,Ste 211 714-708-2300 A/C No Ext: A/C No): Fountain Valley,CA 92708 E-MAIL Mark Barrie ADDRESS: PRODUCER RBFCO-1 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED RBF Consulting INSURER A:U.S.Fidelity and Guaranty Co. 25887 14725 Alton Parkway INSURER B: Irvine,CA 92618 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR N D POLICYNUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PECT 1-1 RO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION - X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMIT ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y® N/A D123W000200 07/01/10 07/01/11 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under 1,000,00 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: All Operations CERTIFICATE HOLDER CANCELLATION CITHTBH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Justin Wessels 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach,CA 92648 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD Search Results Excluded By Firm,Entity,or Vessel:RBF Consulting State:ARIZONA or CALIFORNIA or NEVADA Country:UNITED STATES Action Dates:JAN 1,1988 to JAN 14,2011 as of 14-Jan-2011 2:26 PM EST Your search returned no results. ® e. City ®f Huntington Beat 2000 Main Street • Huntington Beach, CA 92648 ® OFFICE OF THE CITY CLERK ® JOAN L. FLYNN CITY CLERK February 8, 2011 RFB Consulting Attn: Aarron Pfannenstiel 3300 East Guasti Rd., Ste. 100 Ontario, CA 91761 Dear Mr. Pfannenstiel: Enclosed for your records is a copy the Professional Services Contract between the City of Huntington Beach and RBF Consulting for development of a Local Hazard Mitigation Plan. Sincerely, Jo L. Flynn, M Ci Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan Waitakere, New Zealand (Telephone:71 d-535-5227)