City Council/Public Financing Authority
February 7, 2023

PROFESSIONAL SERVICES CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND
PSOMAS, INC.

FOR

ON-CALL CONSTRUCTION MANAGEMENT & ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY" and PSOMAS, INC., a California Corporation hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide on-call Construction Management & Engineering Services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:

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 Reuben Tolentino who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement.

CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement.
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TERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to commence on → 20. _ 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 three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.

In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein.

4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Four Hundred Thousand Dollars ($1,400,000.00).

5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained.

METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 22-12033/296014 2 of 17

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.

HOLD HARMLESS
CONSULTANT hereby agrees to protect, , defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.

B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above:
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"CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8.

C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.

This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 22-12033/296014 4 of 17
policy "deductible" of Ten Thousand Dollars ($10,000.00) ox less is permitted. A claims-made policy shall be acceptable if the policy further provides that:

The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements).

B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims.

CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement.

If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect 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
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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 CONTRACIOR
CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all 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 22-12033/296014 6 of 17
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.

15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code.

16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified mail-return receipt requested:
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TO CITY: TO CONSULTANT:

City of Huntington Beach Psomas
ATTN: Director of Public Works ATTN: Reuben Tolentino
2000 Main Street 5 Hutton Centre Drive, Suite 300
Huntington Beach, CA 92648 Santa Ana, CA 92707

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.

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 22-12033/296014 8 of 17
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 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.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party.

25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive.

26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 22-12033/296014 10 of 17
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.

29. GENERAL PRINCIPALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement.

CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality.

30. NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality.

CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 22-12033/296014 11 of 17
1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seg) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seg) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21.

CONSULTANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22).

31. MBE AND WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women owned business enterprises in the City's procurement process.

CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the names of all consultants, advisors and contractors hired for the proposed services and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637).

CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by:
(a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
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(b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises;
(d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women's business enterprises; and
(e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

32. DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID

CONTRACTS
It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders.

CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of a contract.

33. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID

CONTRACTS
CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 22-12033/296014 13 of 17
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements.

For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request.

34. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

CERTIFICATION FOR FEDERAL-AID CONTRACTS
CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office.

CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).

CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office.

35. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).

1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:
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(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes Ot commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action.

36. NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this document, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an 22-12033/296014 15 of 17
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

37. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.

This Agreement shall expire when terminated as provided herein. 22-12033/296014 16 of 17
CONSULTANT, CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
PSOMAS California
By:_ Mayor
Reuben Totentino
print name
ITS: (circle one) Chairman/President/Vice President City Clerk

AND INITIATED AND APPROVED
By:_
print name Drector of Pubie Wants f
ITS: (circle one) Secretary/Chief Financial Officer/Asst.

Secretary - Treasurer
REVIEWED AND APPROVED:

City Manager
APPROVED AS TO FORM:
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EXHIBIT "A"
Administrative

1. Perform a "third" party constructability review of the project plans and specifications prior to the preconstruction conference and identify potential problems that may need attention before construction starts. Provide reviews and comments from ADA compliance perspective.

2. Review project permit requirements.

3. Prepare and conduct Pre-Construction Meetings.

4. Provide coordination of project activities and prepare reports and documents, as necessary, for City review and action.

5. Maintain at the consultant's local office, on a current basis; a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings, product data; samples; submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which are relevant to the contract work.

6. Provide weekly status reports to The City as required.

7. Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with Design Engineers.

8. Utilize the Public Works Project Tracking System (PTS), developed in Excel, to track and generate logs, contractor and consultant payment applications, change orders, weekly statement of working days and affidavits. PTS will be accessed, updated, and maintained in Drop-box and Agency will, from time to time, access PTS to add or retrieve data and budgets.

9. Monitor Contractor and subcontractor compliance with State and Federal labor law and paperwork requirements including certified payroll, conducting spot interviews with employees on the project, preparing daily reports listing employee, labor classifications, hours worked and equipment on project, maintaining evidence of apprentices employed on the project, spot checking payrolls to ensure that applicable Davis-Bacon or State prevailing wage rates are paid and ensuring that contractor has posted all required posters, notices and wage determination at the job site.

10. Administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including applicable requirements from Caltrans Standard Plans and Specifications, Local Assistance Procedures, Standard Specifications for Public Works Construction, and the City of Huntington Beach.

11. Receive, log, and respond to Contractor Request for Information (RFI).

12. Conduct weekly construction progress meetings with Contractor, Subcontractors, City Staff, Design Engineer, Sub-consultants, affected outside Agencies, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes.

13. Coordinate and monitor all inspection activities.

14. Maintain an open-door policy and meet with general public as needed regarding the construction and make recommendations to address their concerns.

15. Receive and process all shop drawings, project data, samples, and other submittals to the Design Engineer for review. Establish and implement procedures for expediting the processing and approval of submittal.

EXHIBIT A

16. Coordinate submittal review with Design Engineer on an as needed basis.

17. Coordinate with the City Engineer and other City Departments.

18. Document all claims and maintain for account records. Provide all necessary documentation and support to the City in settling claims.

19. Administer implementation of project's Traffic Control Plans and perform weekly review for conformance to approved plan.

20. Coordinate and schedule construction surveying.

21. Coordinate testing requirements and scheduling of material testing.

22. Review and analyze the Contractor's cost loaded / resource loaded baseline project schedule for critical path, activity logic sequences, realistic durations, constraints, schedule of values and schedule of delivery for products with long lead time which includes submittal process.

Work with Contractor (weekly) to maintain the project schedule updates to show current conditions and suggest revisions as required that will be congruent with monthly progress pay requests.

23. Recommend necessary or desirable changes in the Construction Contractor's scope of services to City. Review and evaluate Contractor's request for changes. Negotiate with Contractor and submit recommendations to City supported by field data related to any additional work. If change orders are accepted by City, prepare change orders for signature and authorization by the City. Maintain a log of change requests.

24. Create and maintain "As-Built" project schedule.

25. Review pay requests and provide recommendation for contractor payments.

26. Coordinate the transition of project to City Maintenance.

27. Coordinate any training sessions required for City staff.

28. Conduct regular coordination meetings with property owners and business owners.

29. Construction Closeout.

Consultant shall provide the following project closeout services:
• Administer and coordinate final inspections.
• Coordinate the correction and completion of the work. • Assist City in determining when the Project or a designated portion thereof is substantially complete.
• Calculate the amount of final payment due prime Contractor:
• Obtain evidence of certification of all lien releases. • Assist City with Filing the Project "Notice of Completion". • Secure and transmit to City, required guarantees.
• Issue the notice of substantial completion and process the notice of completion. • Coordinate any startup requirements.
• Deliver all equipment manuals, special equipment, spare parts, catalogs, and other materials required by specifications.
• Collect all as-built data from contractors or consultants. • Make recommendation for the release of retention.

30. Provide construction management documents and records to The City.

Inspection:

1. Review contract documents, plans, and permits.

2. Attend the pre-construction meeting.

3. Monitor and enforce construction noticing requirements, including but not limited to

EXHIBIT A
PM10 and SWPPP requirements.

4. Maintain field diary (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs, and other documentation.

5. Monitor the contractor's fugitive dust control plan and ensure the contractor using approved haul routes and they are kept clean.

6. Ensure compliance with the construction contract by continuously monitoring, evaluating, approving, or rejecting the Contractor's work in accordance with the approved construction contract documents.

7. Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard City against defects and deficiencies in the work. As appropriate, require special inspection or testing, or make recommendations to City regarding special inspection or testing of work not in accordance with the provisions of the contract documents whether or not such work is fabricated, installed or completed.

8. Provide and maintain a digital photographic history of the progress of the project.

Photos will also be taken of the following:
• Showing existing conditions prior to construction.
• Disputed work items.
• Work that has to be duplicated, replaced, or removed. • Completed work.
• Extra Work.

9. Record the progress of the project. Maintain a daily log containing a record of weather, Contractor and subcontractor's work on site, Contractor and subcontractor's equipment with hours on site, number and names of workers with hours on site, work accomplished, problems encountered, and other relevant data. Provide copies of daily logs to City as requested. Include information on Contractor and the entire project, showing percentages of completion. Daily Reports should be detailed enough to develop Time and Material payments for the contractor's work in case of future disputes.

10. During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections.

11. Maintain copies of all permits needed to construct the project and enforce special requirements of each.

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:

SEE ATTACHED EXHIBIT B
B. Travel Charges for time during travel are not reimbursable.

C. Billing
All billing shall be done monthly in fifteen (15) minute increments and matched to an popiate breakdown of the time that was taken to perform that work and who 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.

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.

CONSULTANT shall submit to CITY an invoice for each monthly payment due.

Such invoice shall:

A) Reference this Agreement;
B) Describe the services pertormed;
Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work completed.

Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein.

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.

EXHIBIT B
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 053

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed:

Consultant PSOMAS E Prime Consultant • subconsultant • 2nd Tier Subconsultant Project No.. Contract No. _ Participation Amount S Date 03/10/2022 For Combined Rate
Fringe Benefit % + General &Administrative % 165.76% Combined ICR% OR
For Home Office Rate
Fringe Benefit % + General &Administrative% 0.00% Home Office ICR% For Field Office Rate
Fringe Benefit % + General &Administrative% 0.00% Field Office ICR% Fee # 10%

BILLING INFORMATION CALCUAGNT NFORM NOOS
Name/Job Title/Classification Actual or Avg. Hourly Range - Hourly Billing Rates? Effective Date of Hourly Rate Hourly Rate* Increase for Classifications Only Straight OT(1.5x) OI(2x) From To
Aldwir, Adnan ** $139.91 $139.91 $139.91 01/01/2022 12/31/2022 $47.86 4% Not Applicable Construction Management Office Engineer $145.51 $145.51 $145.51 01/01/2023 12/31/2023 $49.77 4% $151.33 $151.33 $151.33 01/01/2024 12/31/2024 $51.77) 4% S1S7.38 $15738 $157.38 01/01/2025 12/31/2025 $53.84) 4% $163.68 $163.68 $163.68 01/01/2026 12/31/2026 $55.99
Angel, Alejandro * $272.43 $272.43 $272.43 01/01/2022 12/31/2022 $93.19 4% Not Applicable OA/QC Manager $285.33 $283.33 $283.33 01/01/2023 12/31/2023 $96.92 4% $294.66 $294.66 $294.66 01/01/2024 12/31/2024 $100.79) 4% $306.44 $306.44 $306.44 01/01/2025 12/31/2025 $104.83 4% $318.70 $318.70 $318.70 01/01/2026 12/31/2026 $109.02
Baine, Steven * S166.84 $166.84 $166.84 01/01/2022 12/31/2022 $57.07 4% Not Applicable General Civil Engineer $173.51 $173.51 $173.51 01/01/2023 12/31/2023 $59.35 $180.45 $180.45 $180.45 01/01/2024 12/31/2024 $61.73
$187.67 $187.67 $187.67 01/01/2025 12/31/2025 $64.201
$195.17 $195.17 $195.17 01/01/2026 12/31/2026 $66.76
Baker, Nancy $219.19 $219.19 $219.19 01/01/2022 12/31/2022 $74.98 4% Not Applicable Water Engineer $227.96 $227.96 $227.96 01/01/2023 12/31/2023 $77.98 4% $237.08 $237.08 $237.08 01/01/2024 12/31/2024 $81.10 4% $246.56 $246.56 $246.56 01/01/2025 12/31/2025 $84.34 4% $256.43 $256.43 $256.43 01/01/2026 12/31/2026 587.72l
January 2018
.....

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification" Actual or Avg. % or $ Hourly Range - Hourly Billing Rates' Effective Date of Hourly Rate Hourly Rate' Increase for Classifications Only Straight OT(1.5x) OT (2x) From
Barnett, Brett = $315.58 $315.58 $315.58 01/01/2022 123172022 $107.95 4% Not Applicable Construction Management Lead $328.20 $328.20 $328.20 01/01/2023 12/31/2023 $112.27 4% $341.33 $341.33 $341.33 01/01/2024 12/31/2024 $116.76 4% $354.98 $354.98 $354.98 01/01/2025 12/31/2025 S121.45
$369.18 $369.18 $369.18 01/01/2026 12/31/2026 $126.29
Bartorelli, Joseph $247.87 $247.87 $247.87 01/01/2022 12/31/2022 $84.79 4% Not Applicable Office Surveyor $257.79 $257.79 $257.79 01/01/2023 12/31/2023 $88.18| 4% $268.10 $268.10 $268.10 01/01/2024 12/31/2024 $91.71) 4% $278.82 $278.82 S278.82 01/01/2025 12/31/2025 $95.38 4% $289.97 $289.97 $289.97 01/01/2026 12/31/2026 $99.19
Boyle, Joseph * $275.82 S275.82 $275.82 01/01/2022 12/31/2022 $94.35 4% Not Applicable Water/Wastewater Lead $286.85 $286.85 $286.85 01/01/2023 12/31/2023 $98.12 $298.33 $298.33 $298.33 01/01/2024 12/31/2024 $102.05 4% $310.26 $310.26 $310.26 01/01/2025 12/31/2025 S106.13 4% $322.67 $322.67 $322.67 01/01/2026 12/31/2026 $110.38
Butcher, Everett $175.40 S175.40 $175.40 01/01/2022 12/31/2022 4% Not Applicable Project Construction Manager $182.42 $182.42 $182.42 01/01/2023 12/31/2023 4% $189.71 $189.71 $189.71 01/01/2024 12/31/2024 4%
$197.30 $197.30 $197.30 01/01/2025 12/31/2025 4%
$205.20 $205.20 $205.20 01/01/2026 12/31/2026
Carr, Kelsey $98.90 $98.90 $98.90 01/01/2022 12/31/2022 4% Not Applicable Transportation Engineer $102.85 $102.85 $102.85 01/01/2023 12/31/2023 4% S106.97 $106.97 $106.97 01/01/2024 12/31/2024 $36.591 4% $111.25 $111.25 $111.25 01/01/2025 12/31/2025 $38.05 4% $115.70 $115.70 $115.70 01/01/2026 12/31/2026 $39.58
Chan, Wing* $126.58 $126.58 $126.58 01/01/2022 12/31/2022 $43.30| 4% Not Applicable Transportation Engineer $131.64 $131.64 $131.64 01/01/2023 12/31/2023 $45.03 4% $136.91 $136.91 $136.91 01/01/2024 12/31/2024 $46.831 4% $142.39 $142.39 $142.39 01/01/2025 12/31/2025 $48.711 4% $148.08 $148.08 $148.08 01/01/2026 12/31/2026 $50.65
Chess, Jeffrey $269.50 $269.50 $269.50 01/01/2022 12/31/2022 $92.19 4%* Not Applicable QA/QC Manager $280.28 $280.28 $280.28 01/01/2023 12/31/2023 $95.88 4% $291.50 $291.50 $291.50 01/01/2024 12/31/2024 $99.71 4% $303.16 $303.16 $303.16 01/01/2025 12/31/2025 $103.70 4% $31528 $315.28 $315.28 01/01/2026 12/31/2026 $107.85
January 2018
.....

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification' Actual or Avg. % or 5 Hourly Range - Hourly Billing Rates' Effective Date of Hourly Rate Hourly Rate: Increase for Classifications Only Straight OT(1.5x) OT (2x) From To
Cretu, Ion * S211.80 $211.80 $211.80 01/01/2022 12/31/2022 $72.45 4% Not Applicable General Civil Engineer $220.27 $220.27 $220.27 01/01/2023 12/31/2023 $75.35 4% $229.08 $229.08 $229.08 01/01/2024 12/31/2024 $78.36 4% $238.24 $238.24 $238.24 01/01/2025 12/31/2025 $81.50 4% $247.77 $247.77 $247.77 01/01/2026 12/31/2026 $84.76
Davis, Carrie * $256.44 $2.56.44 $256.44 01/01/2022 12/31/2022 $87.72 4% Not Applicable Generai Civil Engineer $266.69 $2.66.69 $266.69 01/01/2023 12/31/2023 $91.23 4% $277.36 $277.36 $277.36 01/01/2024 12/31/2024 $94.88 4% S288.46 $288.46 $288.46 01/01/2025 12/31/2025 $98.67 4% $300.00 $300.00 $300.00 01/01/2026 12/31/2026 $102.62
Del Cid, Michael $116.96 $116.96 $116.96 01/01/2022 12/31/2022 $40.01 4% Not Applicable Construction Management Office Engineer $121.64 $121.64 $121.64 01/01/2023 12/31/2023 $41.61 4% $126.51 $126.51 $126.51 01/01/2024 12/31/2024 $43.27 4% $131.57 $131.57 $131.57 01/01/2025 12/31/2025 $45.01
$136.83 $136.83 $136.83 01/01/2026 12/31/2026 $46.81
Duffy, Robert** $144.12 S144.12 S144.12 01/01/2022 12/31/2022 $49.30 4% Not Applicable Assistant Construction Manager / Construction $149.89 $149.89 $149.89 01/01/2023 12/31/2023 $51.27 4% Inspector $155.88 $155.88 $155.88 01/01/2024 12/31/2024 $53.32 4% $162.12 $162.12 $162.12 01/01/2025 12/31/2025 $55.46 4% $168.60 $168.60 $168.60 01/01/2026 12/31/2026 $57.67
Evans, Jeremy $178.32 S178.32 $178.32 01/01/2022 12/31/2022 $61.00 4% Not Applicable Office Surveyos $185.46 S185.46 $185.46 01/01/2023 12/31/2023 $63.44 4% $192.88 $192.88 $192.88 01/01/2024 12/31/2024 $65.98 4% $200.59 $200.59 $200.59 01/01/2025 12/31/2025 4%
$208.61 $208.61 $208.61 01/01/2026 12/31/2026
Fitzpatrick, Peter * $250.56 $250.56 $250.56 01/01/2022 12/31/2022 4% Not Applicable Survey Lead $260.58 $260.58 01/01/2023 12/31/2023 4%
$271.01 $271.01 $271.01 01/01/2024 12/31/2024 4%
$281.85 $281.85 $281.85 01/01/2025 12/31/2025 4%
$293.12 $293.12 $293.12 01/01/2026 12/31/2026 $100.27
Fredericks, Douglas * $268.98 $268.98 $268.98 01/01/2022 12/31/2022 $92.01) 4% Not Applicable Structures Engineer $279.74 $279.74 $279.74 01/01/2023 12/31/2023 $95.69 4% $290.93 $290.93 $290.93 01/01/2024 12/31/2024 $99.52 4% $302.56 $302.56 $302.56 01/01/2025 12/31/2025 $103.50
$514.67 $314.67 $314.67 01/01/2026 12/31/2026 S107.64
January 2018

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification Actual or Avg. % or S Hourly Range - Hourly Billing Rates? Effective Date of Hourly Rate Hourly Rate* Increase for Classifications Only Straight OT(1.Sx) OT(2x) From To
Guzman, Anthony *** $139.91 $139.91 $139.91 01/01/2022 12/31/2022 $47.86 4% Not Applicable Assistant Construction Manager / Construction $145.51 S145.51 $145.51 01/01/2023 12/31/2023 $49.77 4% Inspector $151.33 $151.33 $151.33 01/01/2024 12/31/2024 $51.77 4% $157.38 $157.38 $157.38 01/01/2025 12/31/2025 $53.84
$163.68 $163.68 $163.68 01/01/2026 12/31/2026 $55.99
Halbach, Benjamin $136.55 $136.55 $136.55 01/01/2022 12/31/2022 $46.711 4% Not Applicable Water Engineer $142.01 $142.01 $142.01 01/01/2023 12/31/2023 $48.58 4% $147.69 $147.69 $147.69 01/01/2024 12/31/2024 $50.52 4% $153.60 $155.60 $153.60 01/01/2025 12/31/2025 $52.54 4% $159.74 $159.74 $159.74 01/01/2026 12/31/2026 $54.64;
Hayes, Timothy* $274.83 $274.83 $274.83 01/01/2022 12/31/2022 $94.01 4% Not Applicable Principal in Charge $285.82 5285.82 $285.82 01/01/2023 12/31/2023 $97.77 4% $297.25 $297.25 $297.25 01/01/2024 12/31/2024 S101.68 4% $309.14 $309.14 $309.14 01/01/2025 12/31/2025 $105.75)
$321.51 $321.51 $321.51 01/01/2026 12/31/2026 $109.98
Helmer, Gregory $274.33 $274.33 $274.33 01/01/2022 12/31/2022 $93.84 Not Applicable Office Surveyor $285.30 $285.30 $285.30 01/01/2023 12/31/2023 $97.59 4% $296.71 $296.71 $296.71 01/01/2024 12/31/2024 $101.50 4% $308.58 $308.58 $308.58 01/01/2025 12/31/2025 $105.56 4% $320.93 $320.93 $320.93 01/01/2026 12/31/2026 $109.78
Hernandez, Patricia $100.33 $100.33 S100.33 01/01/2022 12/31/2022 53432 4% Not Applicable General Civil Engineer $104.34 S104.34 $104.34 01/01/2023 12/31/2023 $35.69 4% $108.52 01/01/2024 12/31/2024 $37.12 4%
S112.86 01/01/2025 12/31/2025 $38.61 4%
$117.37 01/01/2026 12/31/2026 S40.15
Higginbotham, Eugene ** $146.90 01/01/2022 12/31/2022 $50.251 4% Not Applicable Assistant Construction Manager / Construction $152.77 01/01/2023 12/31/2023 $52.26 4% $158.89 01/01/2024 12/31/2024 $54.35
$165.24 01/01/2025 12/31/2025 $56.52 4%
$171.85 01/01/2026 12/31/2026 $58.79
Javier, Bridget SI08.22 $108.22 01/01/2022 12/31/2022 $37.02 4% Not Applicable Water Engineer $112.55 S112.55 01/01/2023 12/31/2023 $38.501 4% $117.05 $117.05 01/01/2024 12/31/2024 $40.04|
$121.74 $121.74 01/01/2025 12/31/2025 $41.64) 4%
$126.61 $126.61 S126.61 01/01/2026 12/31/2026 $43.31
January 2018

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification" Actual or Avg Hourly Range - Hourly Billing Rates? Effective Date of Hourly Rate Hourly Rate* Increase for Classifications Only Straight OT(1.5x) OT(2x) From To
Johnson, Scott * $161.63 $161.63 $161.63 01/01/2022 12/31/2022 $55.29 4% Not Applicable Transportation Engineer $168.10 $168.10 $168.10 01/01/2023 12/31/2023 $57.50 4% $174.82 $174.82 $174.82 01/01/2024 12/31/2024 $59.80 4% $181.81 $181.81 $181.81 01/01/2025 12/31/2025 $62.19 4% $189.09 $189.09 $189.09 01/01/2026 12/31/2026 $64.68
Kahlen, Teresa $193.85 $193.85 $193.85 01/01/2022 12/31/2022 $66.31 4% Not Applicable Office Surveyor $201.60 $201.60 $201.60 01/01/2023 12/31/2023 $68.96. 4% $209.67 $209.67 $209.67 01/01/2024 12/31/2024 $71.72 4% $218.05 $218.05 $218.05 01/01/2025 12/31/2025 $74.59 4% $226.77 $226.77 $226.77 01/01/2026 12/31/2026 $77.57
Kausen, Krista $161.22 S161.22 $161.22 01/01/2022 12/31/2022 $55.15 4% Not Applicable Water Engineer $167.67 $167.67 $167.67 01/01/2023 12/31/2023 $57.36 4% S174.38 $174.38 $174.38 01/01/2024 12/31/2024 $59.65
S181.35 $181.35 $181.35 01/01/2025 12/31/2025 $62.04 4% $188.61 $188.61 $188.61 01/01/2026 12/31/2026 $64.52
Khan, Abdul $260.68 $260.68 $260.68 01/01/2022 12/31/2022 $89.17 4% Not Applicable Project Construction Manager $271.10 $271.10 $271.10 01/01/2023 12/31/2023 $92.74 $281.95 $281.95 $281.95 01/01/2024 12/31/2024 $96.45 4% $293.23 $293.23 $293.23 01/01/2025 12/31/2025 $100.30 4% $304.95 $304.95 $304.95 01/01/2026 12/31/2026 $104.32
Lin, Louis $58.47 $58.47 $58.47 01/01/2022 12/31/2022 $20.00% 4% Not Applicable Transportation Engineer $60.81 $60.81 $60.81 01/01/2023 12/31/2023 $20.80 4% $63.24 $63.24 $63.24 01/01/2024 12/31/2024 $21.63 4%
$65.77 $65.77 $65.77 01/01/2025 12/31/2025 $22.50 4%
$68.40 $68.40 $68.40 01/01/2026 12/31/2026 $23.40L
Mansouri, Abdol Hossain * $256.61 $256.61 $256.61 01/01/2022 12/31/2022 $87.78 4% Not Applicable Project Construction Manager / Scheduling $266.88 $266.88 $266.88 01/01/2023 12/31/2023 $91.29 $277.55 $277.55 $277.55 01/01/2024 12/31/2024 $94.94
$288.65 $288.65 $288.65 01/01/2025 12/31/2025 $98.741 4% $300.20 $300.20 $300.20 01/01/2026 12/31/2026 $102.69
Moritz, David* $288.97 $288.97 $288.97 01/01/2022 12/31/2022 $98.85 4% Not Applicable Survey Lead $300.53 $300.53 $300.53 01/01/2023 12/31/2023 S102.801 4% $512.55 $312.55 $312.55 01/01/2024 12/31/2024 $106.92 4% $325.06 $325.06 $325.06 01/01/2025 12/31/2025 $111.19 4% $338.06 $338.06 $338.06 01/01/2026 12/31/2026 $115.64
January 2018
....

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification' Actual or Avg. % oT S Hourly Range - Hourly Billing Rates Effective Date of Hourly Rate Hourly Rate Increase for Classifications Only Straight OT(1.Sx) OT(2x) From To
Nafali, Arief* $246.91 $246.91 $246.91 01/01/2022 12/31/2022 $84.46 4% Not Applicable Engineering Contract Manager $256.78 $256.78 $256.78 01/01/2023 12/31/2023 $87.84 4% $267.05 $267.05 $267.05 01/01/2024 12/31/2024 $91.35- 4% $277.74 $277.74 $277.74 01/01/2025 12/31/2025 $95.01 4% $288.85 $288.85 $288.85 01/01/2026 12/31/2026 $98.811
Nguyen, Danny $149.12 $149.12 S149.12 01/01/2022 12/31/2022 $51.01] 4% Not Applicable General Civil Engineer $155.09 S155.09 $155.09 01/01/2023 12/31/2023 4% $161.29 $161.29 $161.29 01/01/2024 12/31/2024 $55.17)
$167.74 $167.74 $167.74 01/01/2025 12/31/2025 $57.38 4% $174.45 $174.45 $174.45 01/01/2026 12/31/2026
Nguyen, Jimmy Nam * $146.93 $146.93 $146.93 01/01/2022 12/31/2022 4% Not Applicable Transportation Engineer $152.81 $152.81 $152.81 01/01/2023 12/31/2023 $52.27 4% $158.92 $158.92 $158.92 01/01/2024 12/31/2024 4%
$165.27 $165.27 $165.27 01/01/2025 12/31/2025 $56.541 4% $171.89 $171.89 $171.89 01/01/2026 12/31/2026
Oh, Kenneth $295.14 $295.14 $295.14 01/01/2022 12/31/2022 $100.96 4% Not Applicable Project Construction Manager $306.95 $306.95 $306.95 01/01/2023 12/31/2023 $105.00 4% $319.23 $319.23 $319.23 01/01/2024 12/31/2024 $109.201 4% $332.00 $332.00 $332.00 01/01/2025 12/31/2025 $113.57 4% $345.27 $345.27 $345.27 01/01/2026 12/31/2026 $118.11
Oliver, John * $143.48 $143.48 $143.48 01/01/2022 12/31/2022 $49.08 4% Not Applicable Water Engineer $149.22 $149.22 $149.22 01/01/2023 12/31/2023 $51.04 4% $155.19 $155.19 $155.19 01/01/2024 12/31/2024 $.53.08 4% $161.39 $161.39 $161.39 01/01/2025 12/31/2025 $55.21) 4% $167.85 $167.85 $167.85 01/01/2026 12/31/2026 $S7.42
Pence, Brandon $108.19 $108.19 $108.19 01/01/2022 12/31/2022 $37.011 4% Not Applicable General Civil Engineer $112.52 $112.52 $112.52 01/01/2023 12/31/2023 $38.49 4% $117.02 S117.02 S117.02 01/01/2024 12/31/2024 $40.03 4% $121.70 $121.70 $121.70 01/01/2025 12/31/2025 $41.63 4% $126.57 $126.57 $126.57 01/01/2026 12/31/2026 $43.30
Phan, Daniel $95.56 $95.56 $95.56 01/01/2022 12/31/2022 $32.69 4% Not Applicable Transportation Engineer $99.39 $99.39 $99.39 01/01/2023 12/31/2023 $34.00 4% $103.36 $103.36 $103.36 01/01/2024 12/31/2024 $35.36 4% $107.50 $107.50 $107.50 01/01/2025 12/31/2025 $36.77 4% S111.80 $111.80 $111.80 01/01/2026 12/31/2026 538.24|
January 2018

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification Actual or Avg. % or 5 Hourly Range - Hourly Billing Rates: Effective Date of Hourly Rate Hourly Rate' Increase for Classifications Only Straight OT(1.5x) OT(2x) From To
Pilarski, Tom 7 $216.80 $216.80 $216.80 01/01/2022 12/31/2022 574.16 4% Not Applicable Subsurface Utility Lead $225.47 $225.47 $225.47 01/01/2023 12/31/2023 $77.13 4% $234.49 $234.49 $234.49 01/01/2024 12/31/2024 $80.21 4% $243.87 $243.87 $243.87 01/01/2025 12/31/2025 $83.42 4% $253.62 $253.62 $253.62. 01/01/2026 12/31/2026 $86.76
Price, Steven $152.01 $152.01 $152.01 01/01/2022 12/31/2022 $52.00 4% Not Applicable Office Surveyor $158.10 $158.10 $158.10 01/01/2023 12/31/2023 $54.08 S164.42 $164.42 $164.42 01/01/2024 12/31/2024 $56.24
$171.00 $171.00 $171.00 01/01/2025 12/31/2025 $58.49 4% $177.84 $177.84 $177.84 01/01/2026 12/31/2026 $60.83
Prokofyeva, Yelena S114.98 $114.98 $114.98 01/01/2022 12/31/2022 $39.33 4% Not Applicable General Civil Engineer $119.57 $119.57 $119.57 01/01/2023 12/31/2023 $40.90 4% $124.36 S124.36 $124.36 01/01/2024 12/31/2024 $42.54 4% $129.33 $129.33 S129.33 01/01/2025 12/31/2025 $44.24) 4% $134.51 $134.51 $134.51 01/01/2026 12/31/2026 $46.01
Sagradyan, Lauren* $115.94 SI15.94 $115.94 01/01/2022 12/31/2022 $39.66 4% Not Applicable Construction Management Office Engineer $120.58 $120.58 $120.58 01/01/2023 12/31/2023 $41.25 4% $125.40 $125.40 $125.40 01/01/2024 12/31/2024 $42.90 4% $130.42 $130.42 $130.42 01/01/2025 12/31/2025 $44.61/ 4% $135.63 $135.63 S135.63 01/01/2026 12/31/2026 $46.401
Salcedo, Maira * $208.20 $208.20 $208.20 01/01/2022 12/31/2022 $71.22 4% Not Applicable Water Engineer $216.53 $216.53 $216.53 01/01/2023 12/31/2023 $74.07 4% $225.19 $225.19 $225.19 01/01/2024 12/31/2024 $77.03 4% $234.20 $234.20 $234.20 01/01/2025 12/31/2025 S80.11 4% $243.57 $243.57 $243.57 01/01/2026 12/31/2026 $83.32
Santillan Avelar, Jose $99.75 $99.75 $99.75 01/01/2022 12/31/2022 $34.12 4% Not Applicable Transportation Engineer $103.75 $103.73 $103.73 01/01/2023 12/31/2023 $35.481 $107.88 $107.88 $107.88 01/01/2024 12/31/2024 $36.90
$112.20 $112.20 01/01/2025 12/31/2025 $38.38 4%
$116.69 $116.69 01/01/2026 12/31/2026 $39.92
Sheth, Apurva-Allan ** $140.88 01/01/2022 12/31/2022 $48.19 4% Not Applicable Assistant Construction Manager / Construction $146.51 $146.51 01/01/2023 12/31/2023 $50.12 4% $152.37 $152.37 01/01/2024 12/31/2024 $52.12 4%
$158.47 $158.47 01/01/2025 12/31/2025 $54.21 4%
$164.81 S164.81 01/01/2026 12/31/2026 $56.38L
January 2018
...

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification Actual or Avg. % or $ Hourly Range - Hourly Billing Rates? Effective Date of Hourly Rate Hourly Rate* Increase for Classifications Only Straight OT(1.5x) 0T(2x) From To
Swan, Michael * $253.19 $253.19 $253.19 01/01/2022 12/31/2022 $86.61 4% Not Applicable Water Engineer $263.32 $263.32 $263.32 01/01/2023 12/31/2023 $90.07 $273.85 $273.85 $273.85 01/01/2024 12/31/2024 $93.68 4% $284.81 $284.81 $284.81 01/01/2025 12/31/2025 $97.42 4% $296.20 $296.20 $296.20 01/01/2026 12/31/2026 $101.32
Tolentino, Reuben $278.54 $278.54 $278.54 01/01/2022 12/31/2022 $95.28 4% Not Applicable Construction Management Contract Manager $289.68 $289.68 $289.68 01/01/2023 12/31/2023 $99.09- 4% $301.27 $301.27 $301.27 01/01/2024 12/31/2024 $103.05 4% $313.32 $313.32 $313.32 01/01/2025 12/31/2025 $107.18 4% $325.85 $325.85 $325.85 01/01/2026 12/31/2026 $111.46
Troyan, Michael $268.74 $268.74 $268.74 01/01/2022 12/31/2022 $91.93 4% Not Applicable Project Construction Manager $279.49 $279.49 $279.49 01/01/2023 12/31/2023 $95.61 4% $290.67 $290.67 $290.67 01/01/2024 12/31/2024 $99.43 4% $302.30 $302.30 $302.30 01/01/2025 12/31/2025 S103.41 4% $314.39 $314.39 $314.39 01/01/2026 12/31/2026 $107.55
Überbuaga Robledo, Jorge $239.01 $239.01 $239.01 01/01/2022 12/31/2022 $81.76] Not Applicable Project Construction Manager S248.57 $248.57 $248.57 01/01/2023 12/31/2023 $85.03 $258.52 $258.52 $258.52 01/01/2024 12/31/2024 $88.43
$268.86 $268.86 $268.86 01/01/2025 12/31/2025 $91.97 4% $279.61 $279.61 S279.6L 01/01/2026 12/31/2026 $95.65
Vafai, Shayestel $154.94 $154.94 $154.94 01/01/2022 12/31/2022 $53.00] 4% Not Applicable General Civil Engineer $161.14 $161.14 $161.14 01/01/2023 12/31/2023 $55.12 4% $167.58 $167.58 $167.58 01/01/2024 12/31/2024 $57.32 4% $174.28 $174.28 01/01/2025 12/31/2025 $59.62 4%
$181.26 $181.26 $181.26 01/01/2026 12/31/2026 $62.001
Vakilitabar, Farzad $248.49 $248.49 $248.49 01/01/2022 12/31/2022 $85.00] Not Applicable Project Construction Manager $258.43 $258.43 $258.43 01/01/2023 12/31/2023 4% $268.76 $268.76 $268.76 01/01/2024 12/31/2024 4%
$279.51 $279.51 01/01/2025 12/31/2025 4%
$290.69 $290.69 $290.69 01/01/2026 12/31/2026
Wright, Brian * $245.07 $245.07 $245.07 01/01/2022 12/31/2022 4% Not Applicable Stormwater Lead $254.87 $254.87 $254.87 01/01/2023 12/31/2023 4% $265.06 $265.06 $265.06 01/01/2024 12/31/2024
$275.67 $275.67 $275.67 01/01/2025 12/31/2025 4%
$286.69 $286.69 $286.69 01/01/2026 12/31/2026 $98.07
January 2018

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification" Actual or Avg. % or S Hourly Range - Hourly Billing Rates? Effective Date of Hourly Rate Hourly Rate' Increase for Classifications Only To
Yeliowhair, Darlene 12/31/2022 $50.56 4% Not Applicable Transportation Engineer 12/31/2023 $52.58 4%
12/31/2024 $54.69 4%
12/31/2025 $56.87 4%
12/31/2026 $59.15|
Zein, Nabil 12/31/2022 $101.17 4% Not Applicable
Project Construction Manager 12/31/2023 $105.22 4%
12/31/2024 S109.43 4%
12/31/2025 $113.80 4%
12/31/2026 $118.35

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement,

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

January 2018
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF

INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: PSOMAS
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate:

Combined Rate 160.36 .% OR
Hone Office Rate % and Field Office Rate (if applicable)_ Facilities Capital Cost of Money % (if applicable)
Fiscal period * Jan 1, 2020 - Dec 31,2020
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter I, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on Exhibit 10-A.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d): 23 CFR, Chapter 1. Part 172.11(a)(2); and all applicable state and federal rules and regulations.

Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost

March 2018
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System accounts;
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CER Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount $ 100,000,000.00 _ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods, • The number of states in which the consultant does business is 3 • Years of consultant's experience with 48 CFR Part 31 is 15 Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit Local Gov't ICR Audit • Caltrans ICR Audit MI CPA ICR Audit D Federal Gov't ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name**: Arief Naftali Title**:_Vice President
Signature: Date of Certification (mm/dd/yyyy): 03/02/2022 Email**: [email protected] Phone Number**: 714-481-7956 **An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Ik forms.

Caltrans will not process local agency's invoices until a complete Exhibit IO-K form is accepted and approved by Caltrans Audits and Investigations.

Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations

March 2018
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF

INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: Arcon Structural Engineers, Inc.

Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate:

Combined Rate 171.11 _% OR
Home Office Rate _% and Field Office Rate (if applicable). _% Facilities Capital Cost of Money. % (if applicable)
Fiscal period * 01/01/2020 - 12/31/2020
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on Exhibit 10-A.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U,S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter I, Part 172.11(a)(2); and all applicable state and federal rules and regulations.

Our financial management system has the following attributes:
. Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost

March 2018
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System accounts; :

Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; :

Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
False Claims Act - Title 31 U.S.C. Sections 3729-3733
• Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
AILA&E Contract Information:
• Total participation amount $ 0.00 on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business i. • Years of consultant's experience with 48 CFR Part 31 is 10 Years • Audit history of the consultant's current and prior years (if applicable • Cognizant ICR Audit • Local Gov't ICR Audi • Caltrans ICR Audit CPA ICR. Audit • Federal Gov't ICR Audit
1, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, anc all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name** Hernal Montoya Title**. President
Signature: emahanazat Date of Certification (mm/dd/yYYY): 03/08/2022 Email**. [email protected] Phone Number**: (949) 766-5102 x14 ** An individual executive or financial officer of the consultant's or sulconsultant's organization at a level no lower than a Vice President, a Chief Financial Oficer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit IO-K forms.

Caltrans will not process local agency's invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations.

Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations

March 2018
California Safe Harbor Indirect Cost Rate Program
Consultant Firm Certification of Eligibility and Certification of Financial Management System
Consultant Firm Name Casamar Group, LIC
Local Agency (if applicable) City of Huntington Beach
Contract Number / Federal Project Number TBD
Contract Total $ TBD
For Subconsultant Firms - estimated % of work to be performed TBD % Safe Harbor Indirect Cost Rate (SHR): Home: 120% and/or Field: 90% Field SHR will be utilized for contracts where the work deliverables are not completed from the consultant offices (i.e. Construction Inspection, Material Testing, Sources Inspection, others).

Consultant Firm Certification of Eligibility
I, the undersigned, cerlify that I am eligible to use the Safe Harbor indirect cost rate as I:

1. Am not a Prime Consultant Firm on a Caltrans contract > $3.5M, or Local Government contract > $1M, regardless of the participation amount.

2. Have not used SHR for more than three (3) years since entering the program on a state or federally funded contract.

AND

1. Do not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31 compliant ICR.

2. Do not have a previously accepted ICR by a cognizant agency, or with an audited/accepted actual ICR, and do not have an existing contract with a provisional rate.

Certification of Financial Management System
I, the undersigned, certify that our financial management system in place for this contract and moving forward meets the standards for the Safe Harbor indirect cost rate requirements and financial reporting, accounting records, internal and budget control as set forth in 2 CFR 200, Subpart D. These standards require consulting firms have an accounting system SHR Form Revised 9/25/2020
California Safe Harbor Indirect Cost Rate Program
adequate to accumulate, and track allowable, allocable, and reasonable direct labor and :
other direct costs by contract, segregate indirect costs and remove unallowable costs.

Print Name Joe Garcia
Signature
(Electronic Signature Allowed)
Title Principal
Date Completed 03/09/2022
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company's management.

Definition of Terms
Direct Cost is any cost that is identified specifically with a particular cost objective. Direct costs are not limited to items that are incorporated in the end products as material or labor.

Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objectives, 48 CFR 31.202.

Indirect or overhead cost is any cost that is not directly identified with a single final cost objective but is identified with two or more final cost objectives or with at least one intermediate cost objective, 48 CFR 31. 203.

References
Title 48 Code of Federal Regulations (CFR) Part 31 -Federal cost principles.

Title 48 CFR Chapter 99, Subchapter B - Procurement Practices and Cost Accounting Standards.

Title is 2 CFR 200 Subpart D, Standards for Financial and Program Management.

Title 23 United States Code (U.S.C.), Chapter 1, Section 112 - Letting of Contracts.

Title 23 CFR, Chapter 1, Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services.

American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide (2016 Edition).
2 SHR Form Revised 9/25/2020
California Safe Harbor Indirect Cost Rate Program
Caltrans Contract
If participating on a Caltrans Contract, also attach a completed copy of the following Safe Harbor Indirect Cost Rate Questionnaire for Evaluating Consultant Firm's Financial Management System.

SHR Form Revised 9/25/2020
California Safe Harbor Indirect Cost Rate Program
Questionnaire for Evaluating Consultant Firm's Financial Management System
Consultant Firm Name Casamar Group, LLC
Firm Headquarters Address 23335 Alamos Lane
Newhall, CA 91321
Accounting Records
Location where Accounting records are held Co HQ
• Name and Title Mary Renfrow, Accounting Manager
• Email and Phone [email protected] 661-993-3036 • Mailing Address _ 23335 Alamos Lane
Newhall, CA 91321
To be eligible for Safe Harbor indirect cost rate (SHR), the Consultant Firm's financial management system must be adequate to accumulate and track direct labor and other direct costs by contract, segregate indirect costs, and remove unallowable costs in accordance with 48 CFR 31 for the different business segments.

Instructions

1. Answer all questions and provide an explanation and additional supporting documentation where requested.

2. If additional space is required, please attach a separate sheet and refer to items being answered by number.

Has the Firm developed an indirect cost rate in the past? Yes - No X If "Yes", you are NOT ELIGIBLE to use the SHR
DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an ICR Schedule.

Is the Firm a Prime Consultant Firm on a Caltrans contract > $3.5M Yes No x Or Local Government contract > $1M, regardless of the participation Amount?
If "Yes", you are NOT ELIGIBLE to use the SHR.

DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an AUDITED ICR Report.

SHR Form Revised 9/25/2020 4
California Safe Harbor Indirect Cost Rate Program
:

1. What form of business entity is the Firm?
Sole Proprietorship.... Partnership C Corporation - 5 Corporation _ Other Limited Liability Corporation

2. What types of services will the Firm provide for this contract? (Select all that apply.) Architectural and Engineering Services Program Management x Preliminary Engineering Design Engineering
Surveying Feasibility Studies -
Mapping or Architectural Related Services Other PM/CM Support

3. Does the Firm have prior government contracting experience? Yes x No -

4. Does the general ledger contain separate direct and indirect accounts for the following? Labor Yes x. No Non-Labor Yes x No

5. Does the company have a system in place to identify and remove form the indirect cost pools all unallowable cost? Yes No x

6. Does the firm assign a unique identification/project number in your accounting system for each contract/project?
Yes No x

7. Is indirect and direct labor separated by contract/project/cost objectives on employee timesheets with unique reporting codes?
Yes No x
SHR Form Revised 9/25/2020 5
California Safe Harbor Indirect Cost Rate Program

8. Do you have written policies on the following cost categories? Accounting Yes No X Overtime Yes _ No x
Billing Yes _ No x Direct/Indirect Expenses Yes No x
Timesheet Preparation Yes No x Prevailing Wage Yes No x.

Bonus Yes No m

9. What types of employee status will the Firm provide for this contract? Non-exempt Exempt-salaried Exempt-hourly * Contract Employee....

Other

10. Does the Firm pay overtime for exempt employees?
Yes No x

11. Besides labor, does the Firm normally bill/invoice the following as direct contract/project costs? (Select all that apply)
Vehicle Shipping
Computer/CADD x Lab
Printing Travel x
Specialty Equipment x... Other (List below)
(List below)
Pre-aboroved proiect-related Dre-approved mileage

12. Are mileage logs maintained for all vehicles? If no, please explain below.

Explanation not applicable. Company does not own any vehicles.

Where is the vehicle stored after work? n/a
Does employee use vehicle for personal use? Yes Non/a
What is the recovery/billing rate used for Firm or personal vehicle mileage reimbursement?
$ 0.575 per mile
SHR Form Revised 9/25/2020 6
California Safe Harbor Indirect Cost Rate Program
I certify that to the best of my knowledge and belief the responses to this questionnaire :
are accurate.

Print Name Joe Garcia
Signature
(Electronic Signature Allowed)
Title Principal
Date Completed 03/09/2022
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company's management.

SHR Form Revised 9/25/2020 7
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF :

INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Kegal Name: PSOMAS
Important: Consultant means the individual or consultant providing engineering and design related ervices as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, th direct Cost Rate(s) shall not be combined with its parent company or subsidiarie:

Indirect Cost Rate:

Combined Rate 160.36 ..% OR
Home Office Rate _ and Field Office Rate (if applicable). _% Facilities Capital Cost of Money.. % (if applicable)
Fiscal period * Jan 1, 2020 - Dec 31,2020
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an Indirect Cost Rates) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter I, Pait 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts,
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on Exhibit 10-A.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23.

United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d): 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.

Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost

March 2018
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System accounts; :

Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; :

Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; : Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
False Claims Act - Title 31 U.S.C. Sections 3729-3733
• Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount $ 10020001000.00 on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is 3..... • Years of consultant's experience with 48 CFR Part 31 is 15 Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit Local Gov't ICR Audit •I Caltrans ICR Audit CPA ICR Audit Federal Gov't ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles hav see and teed no comply gih us 2l0 c. Sectiona / under a rat at does cel pion 02, and compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name**: Title**:
signature: Willem f. MaCut II. Date of Certification (mm/dd/yyyy): 03/04/2022 Email**: Phone Number**: 201.775.6000
*An individual executivo or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President, 'bief Financial Officer, or equivalent, who has authority lo represent the financial information used to establish the indirect cost ratc Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms.

Caltrans will not process local agency's invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations.

Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations

March 2018
:

California Safe Harbor Indirect Cost Rate Program
Consultant Firm Certification of Eligibility and Certification of Financial Management System
Consultant Firm Name Monument ROW, Inc
Local Agency (if applicable) -
Contract Number / Federal Project Number
Contract Total $
For Subconsultant Firms - estimated % of work to be performed _ % Safe Harbor Indirect Cost Rate (SHR): Home: 120% and/or Field: 90% Field SHR will be utilized for contracts where the work deliverables are not completed from the consultant offices (i.e. Construction Inspection, Material Testing, Sources Inspection, others).

Consultant Firm Certification of Eligibility
I, the undersigned, certify that I am eligible to use the Safe Harbor indirect cost rate as l:

1. Am not a Prime Consultant Firm on a Caltrans contract > $3.5M, or Local Government contract > $1M, regardless of the participation amount.

2. Have not used SHR for more than three (3) years since entering the program on a state or federally funded contract.

AND

1. Do not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31 compliant ICR.

2. Do not have a previously accepted ICR by a cognizant agency, or with an audited/accepted actual ICR, and do not have an existing contract with a provisional rate.

Certification of Financial Management System
I, the undersigned, certify that our financial management system in place for this contract and moving forward meets the standards for the Safe Harbor indirect cost rate requirements and financial reporting, accounting records, internal and budget control as set forth in 2 CFR 200, Subpart D. These standards require consulting firms have an accounting system SHR Form Revised 9/25/2020 1
California Safe Harbor Indirect Cost Rate Program
adequate to accumulate, and track allowable, allocable, and reasonable direct labor and other direct costs by contract; segregate indirect costs and remove unallowable costs.

Print Name Amber Costello
Signature
(Electronic Signature Allowed)
Title President
Date Completed 3/8/22
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company's management.

Definition of Terms
Direct Cost is any cost that is identified specifically with a particular cost objective, Direct costs are not limited to items that are incorporated in the end products as material or labor.

Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objectives, 48 CFR 31.202.

Indirect or overhead cost is any cost that is not directly identified with a single final cost objective but is identified with two or more final cost objectives or with at least one intermediate cost objective, 48 CFR 31. 203.

References
Title 48 Code of Federal Regulations (CFR) Part 31 -Federal cost principles.

Title 48 CFR Chapter 99, Subchapter B - Procurement Practices and Cost Accounting Standards.

Title is 2 CFR 200 Subpart D, Standards for Financial and Program Management.

Title 23 United States Code (U.S.C.), Chapter 1, Section 112 - Letting of Contracts.

Titlé 23 CFR, Chapter 1, Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services.

American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide (2016 Edition).

SHR Form Revised 9/25/2020 2
California Safe Harbor Indirect Cost Rate Program
Caltrans Contract
If participating on a Caltrans Contract, also attach a completed copy of the following Safe Harbor Indirect Cost Rate Questionnaire for Evaluating Consultant Firm's Financial Management System.

SHR Form Revised 9/25/2020
California Safe Harbor Indirect Cost Rate Program
Questionnaire for Evaluating Consultant Firm's Financial Management System
Consultant Firm Name Monument ROW, Inc
Firm Headquarters Address 200 Spectrum Center, Suite 300 Irvine, CA 92618
Accounting Records
• Location where Accounting records are held • 8 Cobblestone Court, Laguna Niguel, CA 92677 • Name and Title Amber Costello, President
• Email and Phone [email protected] 562.260.0507 • Mailing Address 200 Spectrum Center, Suite 300
Irvine, CA 92618
To be eligible for Sate Harbor indirect cost rate (SHR), the Consultant Firm's financial management system must be adequate to accumulate and track direct labor and other direct costs by contract, segregate indirect costs, and remove unallowable costs in accordance with 48 CFR 31 for the different business segments.

Instructions

1. Answer all questions and provide an explanation and additional supporting documentation where requested.

2. If additional space is required, please attach a separate sheet and refer to items being answered by number.

Has the Firm developed an indirect cost rate in the past? Yes — NO X If "Yes" , you are NOT ELIGIBLE to use the SHR
DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an ICR Schedule.

Is the Firm a Prime Consultant Firm on a Caltrans contract > $3.5M Yes — No X Or Local Government contract > $1M, regardless of the participation Amount?
If "Yes" ', you are NOT ELIGIBLE to use the SHR.

DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an AUDITED ICR Report.

SHR Form Revised 9/25/2020 4
!
California Safe Harbor Indirect Cost Rate Program

1. What form of business entity is the Firm?
Sole Proprietorship Partnership _ C Corporation _ s Corporation X.

Other

2. What types of services will the Firm provide for this contract? (Select all that apply.) Architectural and Engineering Services Program Management Preliminary Engineering Design Engineering -
Surveying Feasibility Studies
Mapping or Architectural Related Services Other Right of Way Services

3. Does the Firm have prior government contracting experience? Yes X_ No

4. Does the general ledger contain separate direct and indirect accounts for the following? Labor Yes X No Non-Labor Yes x No

5. Does the company have a system in place to identify and remove form the indirect cost pools all unallowable cost? Yesx No_

6. Does the firm assign a unique identification/project number in your accounting system for each contract/project?
Yes x No

1. Is indirect and direct labor separated by contract/project/cost objectives on employee timesheets with unique reporting codes?
Yes x No
SHR Form Revised 9/25/2020 5
California Safe Harbor Indirect Cost Rate Program

8. Do you have written policies on the following cost categories? Accounting Yes x No Overtime Yes _ No -
Billing Yes x. No Direct/Indirect Expenses Yes X
Timesheet Preparation Yes No Prevailing Wage Yes No
Bonus Yes No..

9. What types of employee status will the Firm provide for this contract? Non-exempt X Exempt-salaried x Exempt-hourly -. Contract Employee — Other

10. Does the Firm pay overtime for exempt employees?
Yes No x

11. Besides labor, does the Firm normally bill/invoice the following as direct contract/project costs? (Select all that apply)
Vehicle shipping
Computer/CADD Lab
Printing Travel
Specialty Equipment Other (List below)
(List below)

12. Are mileage logs maintained for all vehicles? If no, please explain below.

Explanation
Where is the vehicle stored after work?
Does employee use vehicle for personal use? Yes No.

What is the recovery/billing rate used for Firm or personal vehicle mileage reimbursement?
$ per mile
SHR Form Revised 9/25/2020 6
California Safe Harbor Indirect Cost Rate Program
:

I certify that to the best of my knowledge and belief the responses to this questionnaire are accurate.

Print Name Amber Costello
Signature
Electronic Signature Allewed
Title _President
Date Completed 3/8/22
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company's management.

SHR Form Revised 9/25/2020
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF

INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
:
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: PSOMAS
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate:

Combined Rate 160.36 _% OR
Home Office Rate _% and Field Office Rate (if applicable)_ _% Facilities Capital Cost of Money. % (if applicable)
Fiscal period * Jan 1, 2020 - Dec 31,2020
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on Exhibit 10-A.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CER Part 31.201-2(d): 23 CFR. Chapter 1, Part 172,11 (a)(2); and all applicable state and federal rules and regulations.

Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost

March 2018
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System accounts;
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:
1 also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount $ 100,000,000.00 on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is 3. • Years of consultant's experience with 48 CFR Part 31 is 15 Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit • Local Gov't ICR Audit •l Caltrans ICR Audit EI CPA ICR Audit Federal Gov't ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CER Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name**: Title**:
signature: Pomp Date of Certification (mm/dd/yyyy): 03/04/2022 Email**: Phone Number**: 201.775.6000
An individual execulive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President hief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost re Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms.

Caltrans will not process local agency's invoices until a complete Exhibit 1O-K form is accepted and approved by Caltrans Audits and Investigations.

Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations

March 2018

DATE (MM/DD/YYYY)
ACORD® CERTIFICATE OF LIABILITY INSURANCE
10/12/2022
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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. + SUBROGAT IS WAIVED, solder to the farms and condons of poly main polis may eule on relent real this certificate does not confer rights to the certificate holder In lleu of such endorsements).

CONTACT Karin Thorp
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Bivd Sulte 230
Lafayette CA 94549 Ass: [email protected] INSURER(S) AFFORDING COVERAGE NAIC #
License#: 6003745 INSURER A: XL Specially Insurance Co. 37885

INSURED PSOMAS
INSURER B:

PSOMAS
555 South Flower Street, Suite 4300 INSURER C:

Los Angeles CA 90071 INSURER D:

INSURER E:

INSURER F:

CERTIFICATE NUMBER: 1760798253 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

TYPE OF INSURANCE POLICY NUMBER LIMITS
LTR. INSP WVR

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

DAMAGE TO RENTED
CLAIMS MADE OCCUR PREMISES (Es occurrence). $
MED EXP (Any one person)

PERSONAL & ADVINJURY
GEN'. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
PRO

POLICY JEC LOC PRODUCTS - COMPIOP AGG
| OTHER: ees en en in

AUTOMOBILE LIABILITY
ANY AUTO ODILLY INJURY (Por porson
OWNEO SCHEDULED BODILY INJURY (Per accident) :

AUTOS ONLY AUTOS
HIRED NON.OWNED

AUTOS ONLY AUTOS ONLY

UMBRELLA LIAB OCCUR EACH OCCURRENCE

EXCESS LIAB CLAIMS-MADE AGGREGATE

DEO RETENTIONS

WORKERS COMPENSATION TRUTE TOTH

AND EMPLOYERS' LIABILITY
Y/N

ANYPROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT

OFFICER/MEMBEREXCLUDED NIA
(Mandatory In NH) EL DISEASE - EA EMPLOYEE S
yes, describe unde EL DISEASE -POLCY LIMIT S
DÉSCRIPTION OF OPERATIONS balo $2,000,000
A Professional Liability DPR5003444 10/15/2022 10016/2023 Proval Aggreate Claims Mada $2,000,000
3H0N072600, Or Cal Conster Manage an in eve, Co i Orcal Coral A PRO APPROVED AS TO FORM BY: MICHAEL E, GATES

CITY ATTORNE

CITY OF HUNTINGTON BEACH
CERTIFICATE HOLDER CANCELLATION 30 Day Nolice of Cancellation

HE EXARTON DATE THERE NOTE SEE BE DELIVERED RE NOTICE WILL BE DELIVERED IN

CCORDANCE WITH THE POLICY PROVISIONS
City of Huntington Beach
Attn: Keegan Old:
2000 Main St. AUTHORIZEO REPRESENTATIVE
Huntington Beach CA 92648
hasin Thorp

1. © 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD •
•
This endorsement, effective 12:01 a.m., 10/15/2022 forms a part of Policy No. DPR5003444
Issued to PSOMAS
by XL Specialty Insurance Company.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY CANCELLATION - NOTICE TO DESIGNATED ENTITIES
This endorsement modifies insurance provided under the following:

PROFESSIONAL, ENVIRONMENTAL AND NETWORK SECURITY LIABILITY POLICY - ARCHITECTS,

CONSULTANTS AND ENGINEERS
Section XI. OTHER CONDITIONS, Paragraph A. Cancellation is amended by the addition of the following:
the event that the Company cancels this Policy for any statutorily permitted reason other than nor ayment of premium, the Company agrees to provide thirty (30) days' notice of cancellation of this Polic to any entity with whom the NAMED INSURED agreed in a written contract or agreement would be provided with notice of cancellation of this Policy, provided that:

The Company receives, at least fifteen (15) days prior to the date of cancellation, a written request from the NAMED INSURED to provide notice of cancellation to entities designated by the NAMED INSURED to receive such notice and;

2. The written request includes the name and address of each person or entity designated by the NAMED INSURED to receive such notice.

This endorsement does not apply to non-renewal of the Policy, cancellation at the INSURED'S request, or the cancellation notice issued to the NAMED INSURED.

All other terms and conditions of the Policy remain unchanged LDD 452 1116 Page 1 of 1 10/11/2022
© 2016 X.L. America, Inc. All Rights Reserved
May not be copied without permission.

PROFESSIONAL SERVICES CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND
PSOMAS
FOR

ON-CALL ENVIRONMENTAL (CEQA) SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PSOMAS, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services ol'a consultant to On-Call Environmental (CEQA) Services: and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3,03, relating to procurement of professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: .....

1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is attached hercto and incorporated into this Agreement by ihis reference. These services shall sometimes hereinalter be referred to as the "PROJECT."
CONSULTANT hereby designates Jim Hunter who shall represent it and be its sole contact and agent in all consultations with CITY during the pertormance of this Agreement.

CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance ol'this Agreement.
22-11067/2769723 1of1l
TERM; TIME OF PERKORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to commence on April 5tr _ 2022 (the "Commencement Dite"), This Agreemen shall automatically terminate threo (3) years from the Commencement Dile, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) ycars 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 benefitthe PROJECT il'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.

COMPENSATION
In consideration of the performance of the services described herein, CITY agrees lo 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 Eight Hundred Filly Thousand Dollars ($850,000).

S. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained

METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 22-11067/2769723
•
DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title 1o all materials prepared hercunder, 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 lit.

HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend, indemnily 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 cosis (including, without limitation, costs and fees of litigation of' every nature or liability of any kind or nalure) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontraciors, il' any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.

B. To the ertent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the follosing Hold Harmless provision applies in place ol subsection A above:
23-11067/2769723 3 of 11
"CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and delense costs (including, without limitation, costs and fees of litigation ofevery nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, perlain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged 10 CONSULTANT exceed CONSULTANT's proportionale percentage of lault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptey or dissolution of the business, CONSULTANT shall meet and confer with CITY and other delendants regarding unpaid defense costs. The duty to indemnify, including the dury and the cost to defend, is limited as provided in California Civil Code Section 2782.8.

Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fces incurred by CITY in enforcing this obligation.

This indemnity shall apply to all claims and liability regardless of whether any insurance policies • are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall oblain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY: however an insurance 22-11067/2769733 4 0l11
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 infiation of the scope of work (including subsequent policies purchased as rencials 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 to (2) years to report claims arising from work performed in connection with this Agreement.

IT CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, 1o forthwith terminate this Agreement. Such termination shall not effect Consultant's right 10 be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to reccive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY.

10. CERTIFICATE OF INSURANCE
Prior 1o commencing perlormance of the work hereunder, CONSULTANT shall furish to CITY a certificate of insurance subject to approval of the City Attorey 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; state that the policy is currently in force; and

22.11067/3769723 5ofll