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STEARNS, CONRAD & SCHMIDT CONSULTING ENGINEERS DBA SCS ENGINEERS - 2007-05-07
b" in, ^t , FE CONTRACTS SUBMITTAL T907 MAY 17 AMI I 07 CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Stearns, Conrad & Schmidt Consulting Engineers Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Biological and Archaeological Services for the Goodell Property Amount of Contract: $26,585.07 Copy of contract distributed to: The original insurance certificate/waiver distributed El Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ WC04-'(� Date: �1 ( 6 7 ame/Extension City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACHH AND Stearns, Conrad & Schmidt Consuitinq Engineer's Biological and Archaeolog O al Services for the Goodell Property 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 Entirety......................................................................................................................10 f � PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Stearns, ConracL & Schmidt Consulting Engineers Biological and ArchaeoloFgQi al Services for the Goodell Property THIS AGREEMENT ("Agreement") is made and entered into this 7th day of May 20 07 by and between the City of Huntington Beach, a municipal co oration of the State of California, hereinafter referred to as "CITY, and Learns, Conrad & Schmidt Consulting Engineers dba SCS Engineers a Virginia Corporation hereinafter referred to as "CONSULTANT." WHEREAS, , CITY desires to engage the services of a consultant to provide iological and archaeological monitoring services for the Goodell Property ;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 Michael L-bnard who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl0/15/01-A 1 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 as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on May 6► 2009 , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 2 years from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. 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—six thousand five hundred eighty five and seven cents Dollars ($ 26,585.07) 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 agree/forms/profservI O/l 5/01-A 2 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." 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 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 agree/forms/profsery 10/15/01-A 3 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. 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, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. 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. agree/forms/profsery 10/l 5/01-A 4 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. shall 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 (I0) 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 agree/forms/profsery 10/15/01-A 5 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 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/forms/profservl0/15/01-A 6 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 I 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: TO CONSULTANT: SCS Engineers City of Huntington Beach ATTN: Mary Beth Broeren Attn: Michael Leonard 2000 Main Street Huntington Beach, CA 92648 3900 Kilroy Airport Way, ste 100 Long Beach, CA 90806-6816 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 occurrence of the same or any other transaction or event. agree/forms/profsery 10/15/01-A 7 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 provision of this Agreement agree/forms/profsery 10/4 5/01-A 8 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, agree/forms/profsery 10/15/01-A 9 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 non-prevailing party. 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. 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 supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profserv10/15/01-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal orporation of the State of California Director of By' (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/President/Vice President APPROVED AS TO FORM: w AND 5 City A o y 5 0107 By: G�( �Tb(<AA1f1 (JJ REVIEWED"A AP/PROVED: print name ITS: (circle one)Secretary/ hief!financial Offic Asst. Secretary—Treasurer City dministrator (only for;contrac $50,000.00 and over) l agree/forms/profsery 10/15/01-A l I EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) SCS Engineers will provide Biological and Archaeological Monitoring Services for the Goodell Property in Huntington Beach. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. See Attached Scope of Work 2. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Consultant will function as extension of staff. 2. The City of Huntington Beach Planning Department will be the lead agency for the project. D. WORK PROGRAMIPROJECT SCHEDULE: See attached schedule jmp/contracts group/exA/4/27/07 Environmental Consultants 3900 Kilroy Airport Way 562 426-9544 and Contractors Suite 100 FAX 562 427-0805 Long Beach, CA 90806-6816 www.sesengineers.com April 27, 2007 File No. 01206304.00 Mary Beth Broeren Chris Davis City of Huntington Beach, Planning Department 2000 Main Street Huntington Beach, California 92648 Subject: Proposal for Cultural Resources Evaluations for Biological and Archaeological Services for the Goodell Property for the City of Huntington Beach, Huntington Beach, California Dear Ms. Broeren: Thank you for the opportunity to present this proposal to provide biological and archaeological monitoring for the Goodell Property, located in the City of Huntington Beach, California. Our subconsultant, SWCA Environmental Consultants, will perform the requested services. SWCA archeologists have worked on many projects in this area and are familiar with the cultural resources. We have prepared this proposal based on the written information you provided. SCOPE OF WORK The scope of service for the project is as described in the attached letter proposal (dated April 3, 2007) prepared by SWCA. The scope of services includes: • Biological Site Technical Monitoring O Site Visit O Detailed Plant Survey o Raptor Foraging Habitat Consultation with CDFG o Biological Resources Technical Study O Recommendations o Assumptions • Archaeological Resources Technical Study O Archaeological Resources Literature Reviews and Initial Native American Consultation o Cultural Resources Survey o Technical Report O Further Studies Quote, if required Offices Nationwide 40 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: See attached rate sheet and cost schedule. B. Travel 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs. Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach. 3. Automobile expenses are limited to the IRS standard business mileage rate. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY. C. Billing 1. All billing shall be done monthly in one-fifteenth-hour (0.15) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 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 case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles agree/forms/exB-hourly fee/4/27/07 EXHIBIT B I Hourly Payment EXHIBIT "B" Payment Schedule(Hourly Payment) shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 7. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 8. 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. 9. 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 agree/forms/exB-hourly fee/4/27/07 EXHIBIT B 2 Hourly Payment EXHIBIT "B" Payment Schedule(Hourly Payment) 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. 10. 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. agree/forms/exB-hourly fee/4/27/07 EXHIBIT B 3 Hourly Payment Mary Beth Broeren City of Huntington Beach April 12, 2007 Page 2 SCHEDULE SCS/SWCA can begin the work upon receipt of written notice to proceed from the City. FEE ESTIMATE The fee estimate for the services as described in the scope of work is as follows: BIOLOGICAL STUDIES TASK NAME HOURS/RATE TOTALS Task A. Tom Ryan 12 hours@ $115.00 $1,890.00 Task B: Taya Cummins 6 hours@ $85.00 $ 510.00 Task C: Tom Ryan 12 hours@ $1 15.00 $1,380.00 Task D: Tom Ryan/Taya Cummins 25 hours/10 hours $3,725.00 Task E: Tom Ryan 10 hours@ $1 15.00 $1,150.00 Direct Expenses 300.00 TOTAL BIOLOGICAL $8,955.00 ARCHAEOLOGICAL STUDIES (See Note below for Task D) TASK NAME HOURS/RATE TOTALS Task A: S. Underbrink 17 hours@ $75.00 $1,275.00 J. McKeehan 2 hours@ $135.00 $ 270.00 Admin I hour@ $55.00 $ 55.00 SCCIC fees $ 550.00, plus mileage 590.00 Task A Total $2,190.00 Task B: S. Underbrink 16 hours@ $75.00 $1,200.00 J. McKeehan 2 hours@$135.00 $ 270.00 Mileage $ 40.00 Task B Total $1,510.00 Task C: S. Underbrink 40 hours@ $75.00 $3,000.00 J. McKeehan 8 hours@ $135.00 $1,080.00 2 Mary Beth Broeren City of Huntington Beach April 12, 2007 Page 3 G. King 10 hours@ $65.00 $ 650.00 GIS and Tech Editor 10 hours@ $85.00 850.00 Task C Total $5,580.00 TOTAL ARCHAEOLOGY $9,280.00 SCS COORDINATION AND PROJECT MANAGEMENT Project Director 4 hrs @$190.00 $760.00 Project Administrator 4 hrs @$80.00 $320.00 Markup on Subconsultant 15% $2,874.45 SUBTOTAL ESTIMATED COST $23,117.45 CONTINGENCY(15%) $3,467.62 TOTAL ESTIMATED COST $26,585.07 Note: Given the known presence of archaeological sites in the project vicinity and their extreme sensitivity to the local Native American groups, a detailed scope of work and fee estimate for subsurface testing and/or other management recommendations may be prepared followinIz the results of the initial three tasks. CLOSING It is our desire to provide high quality and responsive services to the City. Please contact me if there are any questions regarding this proposal. We look forward to the receipt of your Purchase Order for implementing these cultural resource services on this important City project. Sincerely, Michael L. Leonard, Sr., P.E. Mark B. Beizer, P. Project Director Vice President SCS ENGINEERS SCS ENGINEERS Attachments: SWCA Proposal 3 S INSURANCE AND INDEMNIFICATION WAIVER Hun Baco MODIFICATION REQUEST E C E I V E MAY 0 9 2001 1. Requested by: Chris Davis 2. Date: May 7, 2007 City of Huntington Beach City Attorney's office 3. Name of contractor/permittee: Stearns, Conrad, & Schmidt Consulting 4. Description of work to be performed: Environmental Services 5. Value and length of contract: me $26,585.07/2 years 6. Waiver/modification request: see attached 7. Reason for request and why it should be granted: Unable to comply with the City's zero deductible insurance requirement due to cost 8. Identify the ri to the City in approving this waiver/modification: See attached -6107 UelVartment 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 and t4 City Attorney's Office disagree. 1. is Management Approved ❑ Deniedx a � Z`c Signature Date 2. City Attorney's Office proved ❑ Denie �• • (� 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 Administrative Services City of Huntington Eeavh MAY —9 2001 insurance waiver 5/7/2007 4:36:00 PM DATE ACORDTM CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 04/13/2007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century B, vd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TH 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED SCS Engineers INSURERA: Zurich American Insurance Company 27855-001 SCS Field Services & SCS Energy INSURERB_Steadfast Insurance Company 26387-002 Environmental Business Solutions 3900 Kilroy Airport Way, #100 INSURERC:Zurich-American Insurance Company 27855-003 Long Beach, CA 90806-6816 INSURERD: Steadfast Insurance Company 26387-00I INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILRS PDTE DTYEPDEIDTI)T NR TYPEOFINSURANCE POLCYNUMBER AMMID /1 AT EXPIRATIONLIMITS A X GENERAL LIABILITY GLO804440413 3/31/2007 3/31/2008 EACH OCCURRENCE $ 1,000,000 $ COMMERCIAL GENERAL LIABILITY PREMISES Eao cureoce $ 11000,000 CLAIMS MADE Fx-1 OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 11000,000 GENERALAGGREGATE $ 11000,000 GENI AGGREGATE LIMIT APPLIES PER- PRODUCTS-COMP/OPAGG $ 11000,000 POLICY X PECOT- LOC A X AUTOMOBILE LIABILITY BAP804440513 3/31/2007 3/31/2008 COMBINED SINGLE LIMIT $ 2,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS �� © AS TU ORM BODILY INJURY $ NON-OWNED AUTOS TT�� rivl (Per accident) JL' CG'RA PROPERTY DAMAGE $ Cy (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY SE0804440613 3/31/2007 3/31/2008 EACHOCCURRENCE $ 10,000,000 ][ OCCUR CLAIMS MADE AGGREGATE $ 10,000,000 DEDUCTIBLE $ X RETENTION $ 10 000 $ L+ WORKERS COMPENSATION AND AOS WC543484103 4/l/2007 4/1/2008 X TORYLIMITS OER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 ttyyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D OTHER PEC793000013 3 31 2007 "3/31/2008 Professional Liability $5,000,000 Each Claim $5,000,000. Aggregate Pollution Liability 50,000. Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Workers Compensation Coverage: The Proprietor/ Partners/Executive Officers are Included SCS Job Number: 01206304.00 Description: As needed environmental services Location: Huntington Beach, CA CERTIFICATE HOLDER CANCELLATION Hxcept 10 day for — payment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL> RXX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFja0t=1=BCjXT9=LL ilt �XlXlf G4A]SKXDlBS17i�frXi€7b1Q1KI�iAIX E4f61Q7tQf8CC1�}LX�iIY�Ci!!�C City of Huntington Beach i> X Attn: Janet Lockhart/Risk Management 200 Main Street AUTH ��ESENTJT�IVE Huntington Beach, CA 92648 ACORD 25(2001/08) Coll:1953391 Tpl:617094 Cert:8838 26 ©AC5DC�ORPORATION1988 D&B SelfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEER...Page I of 14 D&B SelfMonitor for For questions or to update your company data, D-U-N-S#:05-224-2385 STEARNS,CONRAD AND SCHMIDT please contact our Customer Service Center CONSULTING ENGINEERS INC at 800 234 DUNS(3867)or April 16,2007 custserv@dnb.com / Print this report To save this report to your PC:Select File and then Save As from the browser menu bar.Click on the Save in:drop-down menu and select a location for your file.Enter a file name and save the report as a.htmI or.txt file. Copyright 2007 Dun&Bradstreet-Provided under contract for the exclusive use of subscriber STEARNS,CONRAD AND SCHMIDT CONSULTING ENGINEERS INC Co_mpanyS.na�sh_ot Creditworthiness Payment Histo..ry&Trends Public Filings History&Operations Banking&Finance Company Snapshot Business Summary Profile Likelihood your company will not pay on STEARNS,CONRAD AND SCHMIDT CONSULTING time over the next 12 months LOW ENGINEERS INC 3900 Kilroy Airport Way Credit Score Class:2 Ste100 Long Beach,CA 90806 �•�'i 1 2 3 4 5 Tel:562 426-9544 Low Moderate High www.scsengineers.corn D-U-N-S#:05-224-2385 SCS ENGINEERS Likelihood your company will experience LOW SCS FIELD SERVICES financial distress in the next 12 months D&B Rating:4A2 Financial Stress Class:1 Company Stats ■ tJ Year incorporated 1972 Year started 1970 1 2 3 4 5 Employees 450(UNDETERMINED Low Moderate High here) Financial condition GOOD Financial statement date Mar 31,2006 Timeliness of historical payments for SLOW Net Worth F $11,931,858 your company— Sales F $91,684,031 D&B PAYDEX®:73 Chief Executive James Walsh,Pres S.I.C. 8711 1541 100 0 Industry Engineering services,industrial building construction Anticipates Prompt 30 120 days slow days slow This is a headquarters location. Branch(es)or division(s)exist. Industry benchmark:Slow **Based on 331 trade experiences on file with D&B The Net Worth amount in this section may have been adjusted by D&B to reflect typical deductions,such as certain intangible assets. Payment performance trend over the past 90 days U N C H A N G E D D&B offers guidance on credit limits for your company based on its profile as well as profiles of other companies similar in size,industry,and credit usage Get-details Evidence of bankruptcy,fraud,or criminal proceedings in the history of this business or its management NO Noteworthy special events in your company's file YES,& Total number of suits,liens and judgments in your company's file 1 A https://www.dnb.com/WEBSAR/SMO/0522/052242385/052242385SMO.print.htm?type=... 4/I 6/2007 D&B SelflAonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEER...Page 2 of 14 Value of open suits,liens and judgments for your company $996,& Value of open records refers only to 10 most recent filings for each record type.There may be additional suits,liens,judgments,or UCC filings in D&B's file on your company available by contacting 1-866-472-7362. Company Snapshot Creditworthiness Payment History&Trends Public Filings History&Operations Banking&Finance Creditworthiness Summary Likelihood your company will LOW D&B Rating:4A2 experience financial distress in Financial strength:4A is$10 to 50 million. the next 12 months Composite credit appraisal 2 is good. This credit rating was assigned because of D&B's assessment of the Likelihood your company will not LOW i company's financial ratios and its cash Flow.For more information,see pay on time over the next 12 the D&B Rating Key. months Default on Payment: Financial Stress Summary Likelihood your company will LOW® Key Factors experience financial distress in 331 trade experiences exist for your company. the next 12 months -Financial Stress Score:1598(high risk:1,001;low risk:1,875) Financial Stress Class:1 -Change in Net Worth suggests lower risk of financial stress. -20%of trade dollars indicate slow payment(s)are present. -Payment experiences exist for this firm which are greater than 60 days past due. 1 2 3 4 5 Low Moderate High During the prior year,firms in this Financial Stress Class had a failure rate of 1.2%,which is 0.46 times lower than the national average. Financial stress national percentile: 100(high risk:1%;low risk: 100%) National percentile industry norm:52(high risk:1%;low risk: 100%) Payment within Terms: Credit Score Summary Likelihood your company will not LOW Key Factors pay on time over the next 12 -331 trade experiences exist for your company. months -Business does not own facilities. Credit Score Class:2 1 2 3 4 5 Low Moderate High The Credit Score class of 2 for this company shows that 4.6%of firms with this classification paid one or more bills severely delinquent,which is lower than the average of businesses in D&B's database. Credit score percentile:75(high risk: 1%;low risk:100%) Industry norm percentile:49(high risk: 1%;low risk:100%) Additional Information https://www.dnb.com/WEBSAR/SMO/0522/052242385/052242385SMO.print.htm?type=... 4/16/2007 D&,B.SelfMonitor: STEARNS,CONRAD AND SCHMIDT CONSULTING ENGINEER...Page 3 of 14 Financial Stress Summary Credit Score Summary -The Financial Stress Class indicates that this firm shares -The Incidence of Delinquent Payment is the percentage of some of the same business and financial characteristics of companies with this classification that were reported 90 other companies with this classification.It does not mean the days past due or more by creditors.The calculation of this firm will necessarily experience financial stress. value is based on an inquiry weighted sample. -The Incidence of Financial Stress shows the percentage of -The Percentile ranks this firm relative to other businesses. firms in a given Class that discontinued operations over the For example,a firm in the 80th percentile has a lower risk of past year with loss to creditors.The Incidence of Financial paying in a severely delinquent manner than 79%of all Stress-National Average represents the national failure rate storable companies in D&B's files. and is provided for comparative purposes. -The Financial Stress National Percentile reflects the relative ranking of a company among all storable companies in D&B's file. -The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile.It is especially helpful to customers using a scorecard approach to determining overall business performance. -All Financial Stress Class,Percentile,Score and Incidence statistics are based on 2004. Company Snapshot Creditworthiness Payment History.&Trends Public Fillings History&.._O.perations Banking&Fi.n..an-ce Payment History Summary Average payment performance trend UNCHANGED© Company's payment performance over the SLOW,& when weighted by dollar amount past 12 months compared with its peers Payment History Overview Payment experiences on file with D&B: 331 Average highest credit: $3,406 Payments made within terms: 261 (79%) Largest high credit: $100,000 Amount placed for collections: 0(0%) Highest now owing: $90,000 Highest past due: $5,000 Historical Payment Trends: PAYDEX® Average payment performance trend when weighted by dollar amount Last 3 months:Trend is unchanged U N C HA N G E D Last 12 months:11 days beyond terms D&B PAYDEX®:73 Industry benchmark:Slow 100 0 Anticipates Prompt 30 120 days slow days slow Based on payments collected over last 12 months. Indications of slowness can be the result of dispute over merchandise.skipped invoices,etc.Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Historical Payment Trends: PAYDEX®Comparison to Industry Company's payment performance over the past SLOW,& 12 months compared with its peers https://www.dnb.com/WEBSAR/SMO/0522/052242385/052242385SMO.print.htm?type=... 4/16/2007 D&B SelfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEER...Page 4 of 14 Your company's 12-month high:75,or equal to 8 days beyond terms Your company's 12-month low:73,or equal to 11 days beyond terms NIA 20 30 - -- - - — ---------------— 400 > 5o - a 70 80 -..-.-..__ _ __...-.-._. .-- 90 100 05/06 06/06 07106 08106 09/06 10/06 11106 12/06 01/07 02/07 03/07 04/07 t Your Company ■ Industry Benchmark Shows PAYDEX scores of this Business compared to the Primary Industry from each of the last four quarters.The Primary Industry is Engineering services,industrial building construction,based on SIC code 8711. Payment History Details Date Reported Paying Record High Credit($) Now Owes($) Past Due($) Selling Terms Last Sale Within _� (months) 04/07 Prompt 25,000 0 0 Net30 6-12 04/07 Prompt 2,500 0 2-3 04/07 Prompt 2,500 0 -� 2-3 04/07 Prompt 2,500 500 2-3 04/07 Prompt 2,500 2,500 2-3 04/07 Prompt 1,000 0 _ 10 � 2-3 04/07 Prompt 750 0 0 6-12 04/07 Prompt 500 0 0 Net30 4-5 04/07 Prompt 250 250 0 1 04/07 Prompt 100 100 0 _� 1 04/07 Prompt 50 50 0 1 04/07 Prompt-Slow 30 100 0 0 J 6-12 04/07 Slow 30 2,500 0 0 6-12 03/07 Prompt 80,000 60,000 0 1 03107 J Prompt 15,000 15,00o 0 J 1 03/07 Prompt 7,500 0 0 6-12 03/07 J Prompt 5,000 5,000 0 1 03/07 Prompt 5,000 1,000 0 1 03/07 Prompt J 5,000 2,500 0 J 1 03/07 Prompt 2,500 2,500 0 1 03/07 _�Prompt 1,000 750 0 Net30 1 03/07 Prompt 1,000 0 10 2-3 03/07 Prompt 1,000 50 0 J Net30 1 03/07 Prompt 1,000 0 0 6-12 03/07 Prompt 750 250 0 1 03107 Prompt 750 �0 0 1 10 Net30 1 03/07 Prompt 750 500 0 1 03/07 Prompt 500 500 0 1 https://www.dnb.com/WEB SAR/SMO/0522/0522423 85/0522423 85 SMO.print.htm?type=... 4/16/2007 D&B SeIfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEER...Page 5 of 14 03l07 Prompt 500 0 0 4-5 03/07 Prompt 1500 500_ 10 Net30 1 03/07 Prompt 500 0 10 6-12 03/07 Prompt 1 500 250 0 Net30 1 03/07 Prompt 500 0 0 Net30 6-12 03/07 Prompt 500 10 0 2-3 n 03/07 Prompt 500 500 1 03/07 Prompt 250 0 Q 1 10 Net30 1 03/07 Prompt 250 100 0 J 1 03/07 Prompt 250 250 0 1 10 Net30 1 03/07 Prompt 250 J 50 50 Net30 1 03/07 1 Prompt 250 0 0 J 6-12 03/07 Prompt 250 0 0 2-3 03/07 Prompt 250 50 0 1 1 s 03/07 Prompt 100 0 0 2-3 03/07 Prompt 100 Q 101 03/07 Prompt 100 100 ` 1 03/07 Prompt 100 50 0 Net30 1 03/07 Prompt 100 0 10 4-5 03/07 Prompt I100 0 10 6-12 03/07 Prompt 50 0 0 6-12 03/07 Prompt 50 0 0 6-12 03/07 Prompt 50 0 0 2-3 03/07 Prompt 50 0 10 2-3 03107 Prompt 0 0 10 Net30 1 03107 Prompt-Slow 30 110,000 5,000 1750 1 03/07 Prompt-Slow 30 17,500 0 0 6-12 03/07 Prompt-Slow 30 7,500 0 _ 10 Net30 2-3 03/07 Prompt-Slow 30 5,000 5,000 0 Net30 1 03107 Prompt-Slow 30 12,500 2,500 10 1 03/07 Prompt-Slow 30 2,500 1,000 1,000 1 03/07 Prompt-Slow 30 2,500 100 50 1 03/07 Prompt-Slow 30 12,500 1 50 50 1 03/07 Prompt-Slow 30 2,500 1 0 Net30 4-5 03/07 Prompt-Slow 30 1,000 0 0 2-3 03/07 Prompt-Slow 30 1,000 0 10 Net30 1 03/07 Prompt-Slow 30 500 100 0 1 03/07 Prompt-Slow 30 250 250 100 1 03/07 Prompt-Slow 30 50 50 0 1 03107 Prompt-Slow60 1,000 500 250 Net30 1 03/07 Prompt-Slow 90 100 100 _�50 1 03/07 Slow 5 1,000 0 0 Net30 6-12 03/07 Slow 15 1250 0 10 16-12 https://www.dnb.com/WEBSAR/SMO/0522/052242385/052242385SMO.print.htm?type=... 4/16/2007 D&B SelfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEER...Page 6 of 14 03/07 Slow 30 7,500 2,500 11,000 1 03/07 Slow 30 51000 0 10 6-12 03/07 �Slow 301 500 100 100 1 03/07 Slow 30 250 150 50 Net30 1 03107 Slow 30 250 0 0 6-12 03/07 �Slow 30 1 50 50 50 Net30 1 03/07 Slow 30-60 250 0 10 6-12 03/07 Slow 90 500 500 500 2-3 09/06 I Prompt-Slow 30 1 20,000 120,000 11,000 4 (1 Payment experiences reflect how bills are met in relation to the terms granted.In some instances payment beyond terms can be the result of dispute over merchandise,skipped invoices,etc. Each experience shown is from a separate supplier.Updated trade experiences replace those previously reported Payment Analysis By Industry Company's dollar-weighted payments listed by the primary industries of its suppliers Total Received Total Dollar Largest High Within Slow 1-30 Slow 31- Slow 61- Slow 91+ M Amount($) Credit($) Terms 60 90 (%of dollar amount) Industry Short-trm busn credit 30 100,500 50,000 93 4 3 0 0 Telephone communictns 24 26,050 15,000 94 4 0 0 2 Nonclassified 19 59,900 10,000 65 10 17 0 8 Radiotelephone commun 19 7,000 2,500 100 0 0 0 0 Whol plumb/hydronics 14 25,600 10,000 35 60 5 0 0 Whol industrial suppl 14 4,350 1,000 71 15 11 3 0 Whol office equipment 11 24,000 10,000 52 47 1 0 0 Whol industrial equip 9 26,450 10,000 32 67 0 1 0 Whol chemicals 9 33,250 7,500 32 57 11 0 0 Misc publishing 9 4,050 2,500 98 2 0 0 0 Public finance 8 9,450 2,500 100 0 0 0 0 Executive office 8 550 100 100 0 0 0 0 Who[durable goods 7 17,750 7,500 31 69 0 0 0 Reg misc coml sector 7 550 100 100 0 0 0 0 Whol electrical equip 6 133,500 100,000 99 1 0 0 0 Hvy const eqpt rental 6 38,500 20,000 85 5 10 0 0 Help supply service 6 6,000 2,500 75 25 0 0 0 Misc general gov't 6 1,400 750 100 0 0 0 0 Whol misc profsn eqpt 6 1,350 500 100 0 0 0 0 Mfg photograph equip 5 20,000 10,000 100 0 0 0 0 Whol plastic material 5 15,300 7,500 51 33 0 16 0 Photocopying service 5 350 250 100 0 0 0 0 Gravel/sand mine 4 57,500 35,000 50 15 35 0 0 Trucking non-local 4 8,550 5,000 29 12 59 0 0 Whol computers/softwr 4 7,650 5,000 51 16 33 0 0 Misc business service 4 2,650 2,500 50 3 47 0 0 Gas service station 4 2,600 1,000 100 0 0 0 0 Mfg industrial gases 4 1,650 1,000 3 67 0 30 0 https://www.dnb.com/WEB SAR/SMO/0522/052242385/0522423 85SMO.print.htm?type=... 4116/2007 D&B SelfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEER...Page 7 of 14 Ret mail-order house 4 1,600 750 100 0 0 0 0 Misc equipment rental 3 101,500 100,000 100 0 0 0 0 Ret computer/software 3 8,500 5,000 12 88 0 0 0 Who[office supplies 3 4,250 2,500 100 0 0 0 0 Electric services 3 1,500 1,000 100 0 0 0 0 Misc business credit 3 1,250 0 90 10 0 0 0 State commercial bank 2 175,000 95,000 100 0 0 0 0 Mfg misc plastic prdt 2 20,000 10,000 25 25 25 25 0 Ret-direct selling 2 8,500 7,500 94 6 0 0 0 Mfg industrial valves 2 8,000 7,500 47 47 0 6 0 Mfg computers 2 3,000 2,500 100 0 0 0 0 Whol petroleum prdts 2 2,600 2,500 96 4 0 0 0 Personal credit 2 750 500 100 0 0 0 0 Gas production/distrb 2 300 250 0 100 0 0 0 Admin economic prgm 2 200 100 100 0 0 0 0 Whol furniture 1 25,000 25,000 100 0 0 0 0 Hotel/motel operation 1 20,000 20,000 50 50 0 0 0 Mfg overhead hoists 1 7,500 7,500 100 0 0 0 0 Mfg surgical supplies 1 5,000 5,000 100 0 0 0 0 Who[electronic parts 1 5,000 5,000 100 0 0 0 0 Misc repair services 1 5,000 5,000 50 50 0 0 0 Employment agency 1 5,000 5,000 50 50 0 0 0 Mfg public bldg furn 1 5,000 5,000 100 0 0 0 0 Mfg measure devices 1 2,500 2,500 100 0 0 0 0 Periodical-print/publ 1 2,500 2,500 100 0 0 0 0 Granite mining 1 2,500 2,500 50 50 0 0 0 Police protection 1 2,500 2,500 100 0 0 0 0 Mfg process controls 1 2,500 2,500 50 0 50 0 0 Steel works 1 1,000 1,000 0 100 0 0 0 General warehousing 1 1,000 1,000 50 50 0 0 0 Mfg valve/pipe filing 1 1,000 1,000 100 0 0 0 0 Accounting services 1 1,000 1,000 100 0 0 0 0 Mfg misc tmsmsn eqpt 1 1,000 1,000 100 0 0 0 0 Air courier service 1 750 750 100 0 0 0 0 Whol const/mine equip 1 500 500 100 0 0 0 0 Mfg misc office eqpt 1 500 500 50 50 0 0 0 Mfg refrig/heat equip 1 500 500 100 0 0 0 0 Security broker/deal 1 500 500 100 0 0 0 0 Ret auto supplies 1 250 250 100 0 0 0 0 Mfg pumping equipment 1 250 250 0 100 0 0 0 Who[farm/garden mach 1 250 250 100 0 0 0 0 Mfg signs/ad specltys 1 250 250 0 100 0 0 0 Armature rewinding 1 250 250 0 100 0 0 0 Mfg concrete products 1 250 250 0 100 0 0 0 Coating/engrave svcs 1 250 250 0 100 0 0 0 Management services 1 100 100 100 0 0 0 0 Whol service paper 1 50 50 100 0 0 0 0 https://www.dnb.com/WEBSAR/SMO/0522/052242385/052242385SMO.print.htm?type=... 4/16/2007 D&B'SelfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEER...Page 8 of 14 Other payment categories Cash experiences 2 5,500 5,000 Payment record unknown 3 2,650 2,500 Unfavorable comments 0 0 0 Placed for collection With D&B 0 0 0 Other 0 N/A 0 Total in D&B's file 331 1,081,200 100,000 There are 331 payment experiences in D&B's file for the most recent 12 months,with 242 experiences reported during the last three month period. Company Snapshot Creditworthiness Payment History&Trends Public Filin s History&Operations Banking-&Finance Public Filings Summary of Court Actions The following data includes both open and closed filings found in D&B's database on the subject company. Record Type Open Records Open Value Total Records Most Recent Filing Date Suits 0 0 0 - Liens 1 $996 1 01/27/1997 Judgments 0 0 0 - UCC..Filincis. 8 N/A 14 10/31/2006 Bankruptcy Proceedings 0 N/A 0 - Public filing data is for informational purposes only and is not the official record.Certified copies can only by obtained from the official source. Number and value of open records refers only to 10 most recent filings for each record type.There are additional suits,liens,judgments,or UCC filings in D&B's file on your company available by contacting 1-866-472-7362 Special Events 07/27/2006 The Chief Executive Officer is now James Walsh,Pres. Liens Status Amount Type Filed By Against Date Filed Additional Details Open $996 County TAX STEARNS,CONRAD 01/27/1997 Book/Page:97 0130285 Tax COLLECTOR AND SCHMIDT Date status Attained:01/27/1997 CONSULTING Latest into Received:03/31/2006 ENGINEERS INC AND Where filed:LOS ANGELES COUNTY OTHERS RECORDERS OFFICE,NORWALK,CA A lienholder can file the same lien in more than one filing location.The appearance of multiple liens filed by the same lienholder against a debtor may be indicative of such an occurrence.Any public filings displayed in red are open. UCC Filings Collateral Type Sec.Party Debtor Date Filed Additional Details Account(s)and proceeds- Original MARLIN LEASING STEARNS, 04/18/2006 Filing number:060418 70686 Computer equipment- CORP.MOUNT CONRAD AND Filed with:SECRETARY OF Leased Business LAUREL,NJ SCHMIDT, THE COMMONWEALTH/UCC machinery/equipment and CONSULTING DIVISION,RICHMOND,VA proceeds ENGINEERS INC Latest info Received:06/06/2006 Equipment Original CARTER MACHINERY SCS ENGINEERS. 05/31/2005 Filing number:050531 70646 CO.,INC.,SALEM, PC, RESTON,VA Filed with: SECRETARY OF https://www.dnb.com/WEBSAR/SM0/0522/0522423 85/052242385 SMO.print.htm?type=... 4/16/2007 D&B-SelfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEER...Page 9 of 14 VA THE COMMONWEALTH/UCC DIVISION,RICHMOND,VA Latest info Received:07/07/2005 Leased Computer equipment Original CIT BANK,SALT STEARNS, 07/20/2006 Filing number:060720 70776 and proceeds LAKE CITY,UT CONRAD AND Filed with: SECRETARY OF SCHMIDT, THE COMMONWEALTH/UCC CONSULTING DIVISION,RICHMOND,VA ENGINEERS,INC. Latest info Received:08/21/2006 Leased Computer equipment Original CIT BANK,SALT STEARNS. 10/12/2005 Filing number:051012 71512 and proceeds LAKE CITY,UT CONRAD AND Filed with: SECRETARY OF SCHMIDT, THE COMMONWEALTH/UCC CONSULTING DIVISION.RICHMOND,VA ENGINEERS, INC. Latest info Received: 12/14/2005 Leased Business Original XEROX STEARNS 10/12/2001 Filing number:011012 7084 machinery/equipment and CORPORATION, CONRAD AND Filed with:SECRETARY OF proceeds LEWISVILLE,TX SCHMIDT THE COMMONWEALTH/UCC CONSULTING DIVISION,RICHMOND,VA ENGINEERS INC Latest info Received:12/03/2001 Leased Business Original XEROX STEARNS 10/12/2001 Filing number:011012 7082 machinery/equipment and CORPORATION, CONRAD AND Filed with:SECRETARY OF proceeds LEWISVILLE,TX SCHMIDT THE COMMONWEALTH/UCC CONSULTING DIVISION,RICHMOND,VA ENGINEERS INC Latest info Received:12/03/2001 Leased Business Original XEROX STEARNS 10/31/2006 Filing number: 061031 72491 machinery/equipment CORPORATION, CONRAD AND Filed with:SECRETARY OF LEWISVILLE,TX SCHMIDT THE COMMONWEALTH/UCC CONSULTING DIVISION,RICHMOND,VA ENGINEERS INC, Latest info Received: 12/22/2006 RESTON,VA Leased Business Original US BANCORP, SCS FIELD 10/02/2003 Filing number: 0327960145 machinery/equipment MARSHALL, MN SERVICES, INC. Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO,CA Latest info Received: 10/21/2003 Leased Equipment Original XEROX CAPITAL STEARNS 10/07/2002 Filing number:021007 73076 SERVICES LLC, CONRAD& Filed with:SECRETARY OF LEWISVILLE,TX SCHMIDT, THE COMMONWEALTH/UCC CONSULTING DIVISION, RICHMOND,VA ENGINEERS INC. Latest info Received:1 110 7/2 0 02 TAMPA,FL Unspecified Original UNION BANK OF STEARNS, 06/05/2003 Filing number:030605 73126 CALIFORNIA.N.A., CONRAD AND Filed with: SECRETARY OF LOS ANGELES,CA SCHMIDT, THE COMMONWEALTH/UCC CONSULTING DIVISION,RICHMOND.VA ENGINEERS, INC. Latest info Received:07/14/2003 The public record items contained in this report may have been paid,terminated,vacated or released prior to the date this report was printed.There are additional suits,liens,judgments,or UCC filings in D&B's file on your company available by contacting 1-866-472-7362.Any public filings displayed in red are open. Government Activity Activity Summary Possible Candidate for Socio-Economic Program Borrower(Dir/Guar) No Consideration Administrative Debt No Labor Surplus Area Yes(2007) Contractor Yes Small Business N/A Grantee No 8(A)Firm N/A Party Excluded from Federal Program(s) No The details provided in the Government Activity section are as reported to D&B by the federal government and other sources. ComPanySnaps.h.of Creditworthiness Payment History&Trends Public Filings History&.Operations Bank,ing&Finance https://www.dnb.com/WEBSAR/SMO/0522/052242385/0522423 85 SMO.print.htm?type=... 4/16/2007 D&B SeIfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINE... Page 10 of 14 History & Operations Topic Description History Detailed information on the history of a company,including background information on the management team and key principals,and information on related companies. Corporate Family Detailed information on all related companies,including subsidiaries,affiliates and branches. Registration& Detailed registration and incorporation information,including the date and state of incorporation and the Incorporation type of corporation formed. Company Operations Detailed information on a company's operations,including the identity of the parent company,the geographic scope of the business,and the key holdings. Industry Classification Details on the specific industry within which a company is classified. History Officer(s): Director(s): JAMES WALSH,PRES The officers identified by(+) E T CONRAD,EXEC V PRES DAVID ROSS,SR V PRES MICHAEL W MC LAUGHLIN, SR V PRES Incorporated in the state of VA on 2/18/1972. Business started 1970 by Robert Stearns,E T Conrad and Curtis Schmidt.80%of capital stock is owned by ESOP.20%of capital stock is owned by Management. E T CONRAD born 1936.1970-present active here. DAVID ROSS born 1945.1970-present active here. JAMES WALSH born 1952.1974-present active here. MICHAEL W MC LAUGHLIN born 1954. 1979-present active here. Corporate Family Branches(US): Stearns,Conrad and Schmidt Consulting 4222 E Thomas Rd Ste 310,Phoenix,AZ DUNS#18-266-2312 Engineers Inc Stearns,Conrad and Schmidt Consulting 2410 W Rthruff Rd Ste 110,Tucson,AZ DUNS#03-479-3195 Engineers Inc Steams,Conrad and Schmidt Consulting 4707 GREENLEAF CT STE F,Modesto, DUNS#01-132-3768 Engineers Inc CA Stearns,Conrad and Schmidt Consulting 6601 Koll Center Pkwy#140,Pleasanton, DUNS#19-774-1101 Engineers Inc CA Stearns,Conrad and Schmidt Consulting 3050 Fite Cir Ste 106,Sacramento,CA DUNS#16-009-3191 Engineers Inc Stearns,Conrad and Schmidt Consulting 8799 Balboa Ave Ste 290,San Diego,CA DUNS#16-845-4069 Engineers Inc Stearns,Conrad and Schmidt Consulting 3645 Westwind Blvd,Santa Rosa,CA DUNS#16-845-4085 Engineers Inc Stearns,Conrad and Schmidt Consulting 501 N Grandview 400,Daytona Beach,FL DUNS#00-137-2627 Engineers Inc https://www.dnb.com/WEB SAR/SMO/0522/0522423 85/0522423 85 SMO.print.htm?type=... 4/16/2007 • D&B•SelfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINE... Page 11 of 14 Steams,Conrad and Schmidt Consulting 3012 N US Highway 301#700,Tampa, DUNS#09-003-1720 Engineers Inc FL Stearns,Conrad and Schmidt Consulting 3012 N US Highway 301#700,Tampa, DUNS#62-219-6665 Engineers Inc FL Steams,Conrad and Schmidt Consulting 827 17th Ave SW Ste B,Altoona,IA DUNS#12-343-6896 Engineers Inc Stearns,Conrad and Schmidt Consulting 10975 El Monte St Ste 100,Overland DUNS#19-599-0973 Engineers Inc Park,KS Stearns,Conrad and Schmidt Consulting 140 Route 303,Valley Cottage,NY DUNS#60-660-4700 Engineers Inc Stearns,Conrad and Schmidt Consulting 2520 Whitehall Park Dr,Charlotte,NC DUNS#00-981-9850 Engineers Inc Stearns,Conrad and Schmidt Consulting 2060 Reading Rd Ste 200,Cincinnati,OH DUNS#95-730-4983 Engineers Inc Stearns,Conrad and Schmidt Consulting 3809 S 2nd St Ste C400,Austin,TX DUNS#96A18-3495 Engineers Inc Stearns,Conrad and Schmidt Consulting 6330 N Center Dr Bldg 13,Norfolk,VA DUNS#12-936-5206 Engineers Inc Stearns,Conrad and Schmidt Consulting 3229 Anderson Hwy Ste 100,Powhatan, DUNS#02-602-4393 Engineers Inc VA Stearns,Conrad and Schmidt Consulting 11260 Roger Bacon Dr#300,Reston,VA DUNS#01-666-0557 Engineers Inc Stearns,Conrad and Schmidt Consulting 1072 Laskin Rd,Virginia Beach,VA DUNS#80-487-6246 Engineers Inc Stearns,Conrad and Schmidt Consulting 600 Pegasus CT Ste 102,Winchester,VA DUNS#00-981-9819 Engineers Inc Stearns,Conrad and Schmidt Consulting 2405 140th Ave Ne,Bellevue,WA DUNS#17-203-4253 Engineers Inc Registration & Incorporation Registered Name: Stearns,conrad and schmidt,consulting engineers,inc. Filing Date: February 18,1972 Business Type: Corporation Registration ID: 0136669 Corporation Type: Not available Common stock: Authorized shares:10000000 Date incorporated: February 18,1972 Par value:0 State of incorporation: Virginia Where filed: STATE CORPORATE Duration: Perpetual COMMISSION,RICHMOND, Status: Active VA Status attained: March 14,2002 Registered Agent: E.T.CONRAD,SR.,SUITE 300;11260 ROGER BACON DRIVE,RESTON,VA, 220900000 Principals: STEARNS PE,ROBERT P, CHAIRMAN CONRAD, E T,EXECUTIVE VICE PRESIDENT ROSS,DAVID E,SENIOR VICE PRESIDENT MCLAUGHLIN,MICHAEL W, SENIOR VICE PRESIDENT, SECRETARY WALSH,JAMES J, PRESIDENT Agent Appointed: July 17,1981 Agent status: ACTIVE https://www.dnb.com/WEB SAR/SM0/0522/052242385/0522423 85 SMO.print.htm?type=... 4/16/2007 D&B•SelfMonitor: STEARNS,CONRAD AND SCHMIDT CONSULTING ENGINE... Page 12 of 14 Corporate and business registrations provided by management or other source. Company Operations Description: Provides engineering services,specializing in consulting(80%).Contractor of industrial buildings(20%). Has 1,000 account(s).Terms are on a retainer plus additional billings,contractual basis,on a fee basis and net 30 days.Sells to commercial concerns and government.Territory: International. Nonseasonal. Employees: 450 which includes officer(s)and 25 part-time.UNDETERMINED employed here. Facilities: 30,000 sq.ft.in on 1st floor of a three story concrete block building. Location: Suburban business section on main street. Branches: This business has additional branches;detailed branch information is available in D&B's linkage or family tree products. Subsidiaries: This business has 2 subsidiaries listed below. The extent of ownership where known,is shown in parenthesis following company name: SCS Field Services,Inc,Long Beach,CA.(100%)chartered 1985.Operates as an engineering contractor. Intercompany relations:Occasional advances as needed.Tangible net worth at Mar 31 1997 was$92,127.DUNS#15- 646-7466. Industry Classification SIC NAICS 87119903 Consulting engineer 541330 Engineering Services 1.54.1.9905 Industrial buildings,new construction,nee 236210 Industrial Building Construction Based on information in our file,D&B has assigned your company an extended 8-digit SIC.D&B's use of 8-digit SICs enables us to be more specific to 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. Company Snapshot Creditworthiness Pay..m.ent History&Tr...e..nds Public Filings History&Operations. Banking&_Fi_nance Banking & Finance Banking 03/07 Account(s)averages medium 4 figures.Account open over 10 years. (Same bank)Account(s)averages medium 7 figures.Account open over 10 years. (Same bank)Borrowing account.Now owing medium 7 figures. (Same bank)Account(s)averages moderate 6 figures.Account open over 3 years. (Same bank)Account(s)averages moderate 4 figures.Account open over 3 years. BANK: Union Bank,City of Industry,CA. Key Business Ratios Statement date: Mar 31 2006 The ratios below are based on the latest financial statements submitted to D&B,as indicated by the statement date above.You can submit new financial statements by clicking the"Update this information"link in the finance section. Industry Norms based on 12 establishments https://www.dnb.com/WEBSAR/SMO/0522/052242385/052242385SMO.print.htm?type=... 4/16/2007 D&B,SelfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINE... Page 13 of 14 This Business Industry Median Industry Quartile Profitability Return on Sales 0.3 1.5 4 Return on Net Worth 2.1 7.9 4 Short-Trem Solvency Current Ratio 1.3 2.1 4 Quick Ratio 1.1 1.3 3 Efficiency Assets Sales 43.0 44.8 2 Sales/Net Working Capital 14.0 7.4 1 Utilization Total Liabilities/Net Worth 230.5 102.7 4 Finance 0712712006 Three-year statement comparative: Fiscal Consolidated Mar 31 2004 Fiscal Consolidated Mar 31 2005 Fiscal Consolidated Mar 31 2006 Current Assets 20,506,854 27,198,020 31,900,326 Current Liabs 13,231,480 20,214,414 25,366,825 Current Ratio 1.55 1.35 1.26 Working Capital 7,275,374 6,983,606 6,533,501 Other Assets 4,181,566 5,906,477 7,538,845 Net Worth 10,253,142 11,532,452 11,931,858 Sales 65,820,588 81,985,635 91,684,031 Long Term Liab 394,072 1,357,631 2,140,488 Net Profit(Loss) 84,004 8,013,447 250,000 Fiscal Consolidated statement dated MAR 31 2006: Assets Liabilities Cash 3,269,942 Notes pay 5,800,000 Accts rec 25,854,571 Loans payable-insurance policies 1,671,304 Costs in excess of costs 494,758 Accruals 7,335,772 Income tax receivable 642,861 Accounts payable&accrued expenses 10,397,948 Deferred taxes 102,000 Billings in excess of costs 161,801 Prepaid 1,536,194 Current Assets $31,900,326 Current Liabilities $25,366,825 Fixt&equip 3,712,988 Deferred taxes 69,000 Intangible assets-net 263,156 Deferred rent 1,031,511 Csv of life ins. 1,925,388 L.t.liab-other 1,039,977 Investments-other 858,000 Common stock 36,029 Deposits 27,740 Addit.pd.-in cap 8,988,693 Goodwill 751,573 Retained earnings 2,907,136 Total Assets $39,439,171 Total Liabilities $39,439,171 From APR 01 2005 to MAR 31 2006 annual sales$91,684,031;cost of goods sold$80,310,524.Gross profit$11,373,507;operating expenses$5,839,146.Operating income$5,534,361;other expenses$4,914,395;net income before taxes$619,966;Federal income tax$369,966.Net income$250,000. Prepared from statement(s)by Accountant:McGladrey&Pullen,LLP,Irvine,California. https://www.dnb.com/WEB SAR/SM0/0522/0522423 85/0522423 85 SMO.print.htm?type=... 4/16/2007 D&B'SelfMonitor: STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINE... Page 14 of 14 Accountants Opinion A review of the accountant's opinion indicated that the financial statement meets generally accepted accounting principles and the audit contains no qualifications. Balance Sheet Explanations Explanations The net worth of this company includes intangibles;Other Long Term Liabilities consist of Asset reclamation obligation and Note payable-net. On JUL 27 2006 Nicole Phuong,Acct,referred to the above figures as still representative. Company Snapshot Creditworthiness Pay..ment_History&Trends Public Filings History_&Ooeratio_ns Banking_&_Finance Customer Service For questions or to update your company data,please contact our Customer Service Center at 800 234 DUNS(3867)or custserv@dnb.com ® Print this report _ __ ---------� --'�----�— _ — b To save this report to your PC:Select File and then Save As from the browser menu bar.Click on the Save in:drop-down menu and select a location for your file.Enter a file name and save the report as a.htmI or.txt file. Copyright 2007 Dun&Bradstreet-Provided under contract for the exclusive use of subscriber STEARNS,CONRAD AND SCHMIDT CONSULTING ENGINEERS INC https://www.dnb.com/WEBSAR/SMO/0522/052242385/0522423 85 SMO.print.htm?type=... 4/16/2007 a CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: May 7, 2007 2. Department: Planning 3. Requested by: Chris Davis 4. Name of consultant: Stearns, Conrad &Schmidt Consulting Engineers 5. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. See attached 6. Amount of the contract: $26,585.07 7. Are sufficient funds available to fund this contract?' ®Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council?' ®Yes ❑ No 9. Company number and object code where funds are budgeted: 10060201.69365 10. Is this contract less than $50,000? ® Yes ❑ No 11. Does this contract fall within $50,000 and $100,000? ❑Yes ® No 12. Is this contract over$100,000? ❑Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ❑Yes ® No � Jo 64A)J M 030�006) 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). Value of contract less than $30,000 and is therefore exempt from competitive bidding process. 15. Attach proposed scope of work. See attached 16. Attach proposed payment schedule. See attached `FS meet Head Signature RICWARD AMADRIL Purchasing an19 Central Services Manager 1. If the answer to this question is"No,"the contract will require approval from the City Council.