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HomeMy WebLinkAboutCAG2022-403 - Original - Moore Iacofano Goltsman, Inc. (MIG, Inc.) - Comprehensive Plan Update Consultant Services - 10/13/2022Kristen Holdsworth ECD 10/03/2022 10/06/2022 09/20/2022 10004200.64190.XXXX State MIG Inc. Contract in process Original Comprehensive Plan Update Consultant Services Outside assistance to help with required update to Comprehensive Plan due in 2024. Budget includes City general fund $'s and Grant $ from State Department of Commerce. 544,090.00 Bid 10/11/22 CAG2022-403 10/11/22 10/13/22 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Moore Iacofano Goltsman, Inc (dba MIG, Inc) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Moore Iacofano Goltsman, Inc (dba MIG, Inc) organized under the laws of the State of Washington, located and doing business at 119 Pine St, Suite 400, Seattle, WA 98101 and 206-223-0326 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: MIG will be performing a major update to the cities comprehensive plan, outreach, and an environmental impact statement/review in accordance with the attatched scope of work, Exhibit A. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by December 31, 2024 . III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $544,090, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit C. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the the exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disa delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court the Con The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to The C , and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Daniel Iacofano, CEO Moore Iacofano Goltsman, Inc 119 Pine Street, Suite 400 Seattle, WA 98101 (206)223-0326 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Kristen Holdsworth, Long Range Planning Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5441 (telephone) (253) 253-856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] Type text here Christopher J. Beynon Vice President and Chief Development Officer 10.10.2022 EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ MIG, Inc. Vice President and Chief Development Officer 10.10.2022 EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By:__________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ SCOPE OF WORK 1 OVERALL PROJECT MANAGEMENT AND TEAM OVERSIGHT 1.1 TASK 1.1: PROJECT MANAGEMENT/TEAM OVERSIGHT MIG’s Project Manager and Principal-In-Charge will provide overall team coordination and project management for the duration of the contract. MIG will coordinate with the Kent City Project Manager on general logistics, planning and deliverables, and public events. This task includes regular oversight of the statement of work, project team coordination, subconsultant management and coordination, budget management, and QA/QC monitoring, as well as ad hoc voice and e-mail communications. 1.2 TEAM MEETINGS/COORDINATION CALLS MIG will coordinate with the City to schedule and facilitate up to 80 bi-weekly project management team coordination meetings or conference calls focused on moving tasks forward and addressing project issues as they arise. MIG will provide a brief e-mail summary of the coordination meeting, documenting project decisions and next steps, as applicable. These meetings will be primarily by phone or Zoom but will also include internal work sessions with City staff or stakeholders in addition to covering general project issues. Deliverables: MIG will provide project oversight, regular coordination with City Project Manager/Project Management Team Bi-weekly, one-hour coordination meetings, meeting summaries Assumptions: The project duration will begin in 2022 and complete in 2024 2 PROJECT INITIATION AND INFORMATION GATHERING 2.1 PROJECT KICKOFF MIG and Fehr & Peers will coordinate with the City to schedule and facilitate a virtual or in-person three-hour kickoff meeting to (1) identify measures of success; (2) refine the draft scope of work, budget, and schedule for the overall effort; (3) define key elements, task dependencies, and completion of the project; (4) develop a strategy to establish the project advisory committee; (5) discuss expectations around the outreach strategy, including the extent of translation services, and regular updates to elected officials; and (6), the critical issues and potential measures of success that are most important to address in the project and how that should be reflected in the early community visioning tasks. 2.2 PLANS REVIEW MIG will review, summarize, and identify relevant information from existing documents (supplied by the City) that could be used for the Comprehensive Plan update. The memorandum will include a brief summary (one to two paragraphs), key findings, and how the plan information will be incorporated in the update process. 2.3 COMPREHENSIVE PLAN REGULATORY AND EQUITY ASSESSMENTS 2.3.1 Regulatory Assessment The MIG Team will review the existing Comprehensive Plan and facility plans against the current Puget Sound Regional Council, County, Growth Management Act, and SEPA requirements to identify what components of the Comprehensive Plan are out of date. The MIG Team will use the Department of Commerce Periodic Update Checklist for Cities (2022) to develop a matrix that identifies if the current plan addresses the item and if changes or additions are necessary to meet current GMA and SEPA requirements. The expanded matrix will include (1) the comprehensive plan section, (2) existing content, and (3) a discussion of potential policy considerations needed. The outcome of this task will be a clear understanding of where major and/or minor changes to the existing Comprehensive Plan will be required. 2.3.2 Equity Assessment MIG will complete an equity assessment of the existing Comprehensive Plan to identify potential policy elements that may have or are currently contributing to creating or perpetuating inequities in Kent. The equity assessment will be presented in a separate matrix and report with findings and recommendations that will be used to inform the development of Comprehensive Plan. The assessment will begin with a preliminary review using a list of screening questions that are centered on equity and inclusion. As part of Task 3.2, MIG will develop a set of questions for City Staff that are responsible for the implementation of current policies and programs to understand the unintentional biases or outcomes that are inequitable to historically under-represented groups. An initial set of recommendations will be presented to the project team and their inclusion as a lens or policy to the comprehensive plan will be discussed. Following staff input, MIG may conduct additional targeted data gathering and/or focused conversations, at the request of staff. 2.4 BASELINE CONDITIONS ANALYSIS MIG will develop a webmap of publicly available information that can be accessed through the City’s website that provides information about existing conditions, including land use and environmental layers, transportation, and other information as available. MIG will create visual outputs to develop a 10-15-page map book with key statistics that identify baseline land use and population information for the City and team members to use in developing the future land use map. t 2.5 LAND USE AND PLANNING BOARD AND CITY COUNCIL WORK SESSION Following City staff review and approval, MIG will present the Regulatory and Equity Assessment at a Land Use and Planning Board and City Council work session or other appropriate venue and format, determined by the City Council. MIG will update the audit analysis following the meetings. Deliverables: Internal coordination to prepare for kickoff and project chartering Preparation for and facilitation of the internal project kickoff, including measures of success and meeting summary Data-Request Table 10–15-page map book with land use, population and environmental statistics Development of a webmap application with baseline GIS information (see tasks 4.3-4.9), including but not limited to: Existing conditions Environmental or sensitive use areas Current zoning/land use map Projected growth areas Transportation and existing infrastructure Future land use map (when developed) GIS layers and data packaged for the City Draft and final Plan Review Memorandum Plan Regulatory and Equity Assessment Matrix Attendance and presentation at a Land Use and Planning Board, City Council work session or an appropriate format and venue that will be pre-determined by Staff or City Council. Assumptions: Format of the kickoff meeting will be determined by the City If virtual, MIG will provide the zoom link If in-person, the City will coordinate the meeting room MIG will be granted access to the City’s website Project website will be hosted on the City’s website and managed by City staff The City will provide the available data and documents requested in the Data-Request Table with the first package of available data to be delivered no more than 3 weeks of the date of the request. Additional time may be granted but not without possible impacts to the project schedule. 3 PUBLIC COMMUNICATIONS AND OUTREACH 3.1 PUBLIC ENGAGEMENT PLAN MIG will develop a Public Engagement Plan to engage the community that lives, plays, and works in Kent. The Public Engagement Plan (PEP) will identify the tools, techniques, and anticipated timing for major events, including the incorporation of the Equity Assessment initial review. The PEP will also include recommendations for groups and departments that the City may want to include in the Project’s engagement and outreach and potential messaging language. MIG will coordinate closely with the City’s Race and Equity Manager and use the Race and Equity Strategic Plan as a foundation to the plan to ensure the PEP will provide direction on the type and location of meetings, potential partnering opportunities with existing community-based organizations, events, social media outreach, and demographics in the area that require focused outreach and specific strategies to meet those needs. The EEP will focus on providing opportunities that include: Interactive and multigenerational engagement through multiple platforms; Goals and strategies for outreach, including for BIPOC and other community members who may not attend a traditional meeting; In-person and online events, including marketing, platforms, and analysis assumptions; Recommendations to attract and retain local community and nonprofit partners as part of the project chartering and advisory groups; General schedule and types of events, including staffing needs and social media support; Mailing and outreach recommendations; Metrics, anticipated activities and target audiences, and a schedule for both in-person and online events; Content translation of written and online materials (promotional posters, flyers, and mailers, etc.) in Spanish 3.2 STAKEHOLDER MEETINGS AND FOCUS GROUPS MIG will facilitate up to 10 individual stakeholder meetings or focus groups or roundtable interviews to identify key issues and opportunities that should be addressed during the Comprehensive Plan process and determine ways to better partner with and engage hard-to-reach populations. The City will contact and organize the meeting attendees. Focus groups may include City staff and leadership to understand points of agreement/disagreement prior to beginning the Comprehensive Planning process. MIG will facilitate the meetings and provide a summary of input following the conclusion of all meetings and focus groups. The results of these stakeholder meeting(s) will be incorporated into the Public Engagement Plan, as applicable. 3.3 COMMUNITY ADVISORY COMMITTEE MEETINGS MIG will work with the City to plan for and facilitate Community Advisory Committees to review and provide input on the project at major project milestones. MIG assumes up to six meetings scheduled to coincide with major deliverables and City Council meetings. 3.4 PUBLIC ENGAGEMENT TOOLKIT MIG will develop an outreach toolkit to assist community partners and City staff to communicate project updates and solicit and collect feedback. The outreach toolkit will include substantive components needed for the City to conduct pop-up events and other outreach activities. Toolkits will include the following items: A facilitator’s guide that identifies the purpose and the desired outcomes of each engagement activity; Pop-up event display boards and instructions; Agenda templates and sign-in sheets; and Instructions for providing feedback through the City’s website. 3.5 PUBLIC MEETINGS 3.5.1 Community Kickoff and Scoping MIG will work with the City to organize and facilitate a two-hour general workshop/open house that introduces the project and vision developed prior to the Comprehensive Planning process. The anticipated outcomes of this meeting are to: Introduce community members to the project if they haven’t been part of the earlier visioning process; Confirm major vision elements and goals; Gather input to develop citywide land use scenarios; and Identify topic areas to be covered for SEPA (this meeting will meet SEPA scoping requirements). The meeting will consist of educational and interactive events to identify important locations and issues, as well as identifying potential areas where future population and public amenities should be located. This exercise will also be accessible online through the City’s website to gather additional input. Following the in-person and online event, MIG will provide a meeting summary in PowerPoint that identifies key findings and anticipated next steps. MIG will provide draft language for the open house for the City to use in promoting the community event, following approval of the design and layout by the Multimedia group. 3.5.2 Community Priorities and Values Workshop MIG will work with the City and community partners to host and facilitate a Kent Community Priorities and Values Workshop. This event will also be hosted online through the project website that can mimic our proposed approach to the in-person event. This workshop will consist of the following: Open house components that provide project information. Confirmation existing visions part of recently completed and adopted guiding plans still resonates with the community and city. Structured workshop with large and small workgroups to refine draft policy language and review and provide input on future growth. At the same time as the meeting, MIG will launch an online, interactive platform where users can provide input on the major elements of the plan and land use scenarios; ask policy framework questions; and place georeferenced pins on maps to identify specific locations and provide comments. The in-person and online workshop will gather community input on the scenarios and policy considerations that will be incorporated into the Policy Framework and a preliminary future land use map. The results of this meeting will be compiled into a PowerPoint of results and an accompanying written summary that will be vetted with local neighborhood and business interests, landowners, advisory committees, and the City through the project website. MIG will prepare one postcard mailer (or similar) that the City can use to distribute via mail. City will be responsible for printing and distribution. 3.5.3 Draft Comprehensive Plan Open House After the Administrative Draft Plan is completed, MIG will coordinate with the City to host an in-person and online open house to provide the community with an opportunity to discuss the entire draft plan and provide comments. This open house will include displays of the draft plan and interactive ways to identify priority elements and policies. MIG will use a similar online platform as other meetings to provide input on the Draft Plan. The results of this meeting and online input will be compiled into a PowerPoint of results that will be vetted with local neighborhood and business interests, landowners, advisory committees, and the City. MIG will provide draft language for the open house for the City to use in promoting the community event, following approval of the design and layout by the Multimedia group. 3.6 PROJECT WEBSITE AND LOGO MIG will coordinate with the City Multimedia group to develop a project landing page using the City’s existing web portal. The project landing page will allow users to sign up for automatic email notifications when new project information is posted on the website, review the latest information, and download public documents related to the project. MIG will maintain comment logs throughout the duration of the project and will update the website as new project information becomes available during the project, particularly at major milestones and events. MIG assumes that the project website and content will be translated using in-house MIG resources or a third-party organization in coordination with the City’s Multimedia group. MIG will also create a project logo and color scheme for the project landing page that will also be used for project deliverables. Deliverables: Draft and Final Public Engagement Plan (PEP) Preparation, attendance, facilitation, and summary of up to 10 stakeholder meetings, focus groups, or interviews Preparation, attendance, facilitation, and summaries of up to six Community Advisory Committee meetings Development of materials for a public engagement toolkit for City and community use Design of mailer for Community Kickoff Open House, Communities Priorities Workshop, Draft Future Land Use Map Open House, and Draft Comprehensive Plan Open House Preparation, attendance, facilitation, and summary of public kickoff. MIG will provide design of all materials Preparation, attendance, facilitation, and summary of Community Priorities Workshop with on- demand polling (MIG to provide equipment) and online survey Materials budget includes resources to conduct social media add-buys to ensure equity population- focused outreach Preparation, attendance, facilitation, and summary of the Draft Plan Open House with online survey Project landing page and logo Translation into Spanish for public involvement materials, as needed Assumptions: City staff will lead the recruitment of stakeholder meetings, focus groups, or interviews with support from the MIG City staff will lead the community promotions of workshop and open houses. MIG will provide draft language Spanish translation of Task 3.4 will be provided and other languages will be an add-service or the responsibility of City staff In-person translations at public meetings will be discussed with City staff prior to the event MIG attendance at up to 12 community events for the duration of the project City staff will lead printing and distribution of mailers Draft online surveys will be reviewed by the City and revisions and comments will be returned within 2 weeks from delivery 4 COMPREHENSIVE PLAN 4.1 CHAPTER 1: PROFILE AND VISION MIG will update the introductory chapter of the existing comprehensive plan, as needed, with information from the current plan update planning process, organization of the plan, and provide an overview of the public engagement process. The community profile will be updated with the most recent information from the US Census Database and the American Community Survey, the Puget Sound Regional Council, and other sources that have verified recent demographic and employment trends data. This will include graphics and imagery used for this chapter. MIG will also incorporate information from the previous tasks to develop the project vision. Deliverables: Draft and final Chapter 1, including plan cover and front sections 4.2 CHAPTER 2: LAND USE ELEMENT 4.2.1 Land Use Baseline Analysis and Affected Environment MIG will coordinate with the City to develop a baseline land use scenario that incorporates the County’s buildable lands inventory and existing GIS information from the City. The baseline analysis will be developed in Urban Footprint to establish a foundation for the alternatives analysis. Maps will also be placed on a webmap for staff review. As part of the baseline analysis, MIG will develop an effected environment memorandum that will be used for SEPA documentation that characterizes the existing conditions within Kent Urban Growth Area (UGA). The City will provide GIS data, as available, to complete the task. MIG will complete the following analysis: Existing land use information for existing City Limits and the Urban Growth Area as available that includes: Comprehensive Plan and zoning designations; Vacant and developed parcels; Existing land uses; Parcel size; Redevelopable land based on land- to-improvement value calculations; Natural resources and identified critical areas, parks, and open spaces; and Topography and environmental constraints. 4.2.2 Land Use Classifications Using the existing Comprehensive Plan and zoning designations, MIG will coordinate with the City to determine if new or revised Comprehensive Plan land use classifications should be considered to accommodate projected growth. Comprehensive Plan land use classifications will be vetted as part of the Community Priorities Workshop and will inform the land use scenarios. The land use classifications will include: Preliminary generalized land use classifications that accommodate existing zoning and comprehensive plan designations. Identification of new classifications, as needed, to address future land uses that may be included on a future land use map. MIG will create a user-friendly infographic that explains the draft Comprehensive Plan land use classifications with images and brief narrative to illustrate the expected development that could occur. 4.2.3 Future Land Use Scenarios MIG will develop up to three land use scenarios that build from the baseline analysis, incorporating community input gathered and technical analysis completed during the project to date. MIG will use GIS and Urban Footprint to develop the scenarios. For each scenario, MIG will provide outputs for a series of indicators, including what is needed for SEPA compliance, the Department of Commerce, and from the local preference and community needs to differentiate between development alternatives. MIG and the City will determine which indicators to analyze, but these could include jobs/housing balance, land use mix, greenhouse gas emissions, infrastructure demand and available capacity, and transportation impacts. All scenarios will document potential development capacity and how well each accommodates projected growth targets. MIG assumes that infrastructure (e.g. sewer, water, stormwater) capacity analysis will be completed by the City. MIG will provide housing units, commercial square footage etc, necessary to assess capacity. MIG will coordinate and provide draft scenarios to the City’s Sanitary Sewer Comp. Plan (SSCP) consultant in order for the SSCP to incorporate likely future demands into the sewer model (sewer modeling expected mid 2023). MIG will also coordinate with the Fire Authority to address fire flow requirements as it relates to water modeling. MIG will review the adopted Downtown Planned Action Ordinance and incorporate any growth projections/scenarios/assumptions in the development of the future land use scenarios and will be evaluated in Task 5.3. This task will result in memorandum formatted to be a chapter of the SEPA EIS that includes and brief narrative of each of the alternatives, plan view maps and data outputs, precedent imagery, and a summary of findings from the scenario modeling tool that will be used to support SEPA documentation for the Comprehensive Plan. 4.2.4 Recommended Future Land Use Scenario/Future Land Use Map Based on public input and technical analysis, MIG will develop a recommended future land use scenario using the same indicators for the preliminary future scenarios to confirm growth targets are met and community vision and goals are achieved. MIG will export all land use information to GIS and create the recommended Future Land Use Map with updated (as needed) Comprehensive Plan land use classifications. MIG will update Chapter 2: Land Use with precedent imagery to illustrate major land uses as well as updated narrative and mapping to describe community character, land use, and urban design. Products from this task will be organized to be incorporated directly into the draft Comprehensive Plan. Deliverables: Data collection and baseline land use analysis with two-page infographic Development of up to three growth scenarios analyzed and compiled into a PowerPoint presentation with accompanying maps and memorandum for staff review prior and approval prior to evaluation in the SEPA addendum. Scenario outputs with tabular data and a brief summary of findings Draft and final future land use map, with supporting narrative for Chapter 3 4.3 CHAPTER 3 – HOUSING ELEMENT MIG will incorporate the following to update Chapter 3, including: Buildable Lands Analysis results related to housing; Kent Housing Options Plan findings for type of housing needs and policy direction related to producing an adequate and diverse supply of housing. Countywide Planning Policies including new requirements that are expected in mid-2022 from the Department of Commerce as well as new requirements in the Countywide Planning Policies that come from the Affordable Housing Committee and the Growth Management Planning Council. MIG assumes that the land use, housing, and economic development chapters will be completed in the same timeframe because they have related analysis needs. The land use scenarios developed as part of Task 4.2 will assess land supply and housing type, providing information necessary for the City to meet housing targets and growth projections. Demographics and other housing or population-related information will be completed as part the demographic analysis completed as part of Task 4.8 (Economic Development). Deliverables: Draft and final Housing Element 4.4 CHAPTER 4: TRANSPORTATION ELEMENT The City of Kent Transportation Master Plan (TMP) was adopted by the City Council on Tuesday, March 2, 2021. Extensive community outreach, technical analyses, project development, and City Council input shaped the TMP. The purpose of this task is to translate the TMP into the Transportation Element (TE) of the Comprehensive Plan. This will include additional analysis in line with Comprehensive Plan emphasizing land use scenarios. This scope does not include updating the travel model forecasts from 2040 to 2044 for one land use scenario to align with Puget Sound Regional Council’s (PSRC) updated land use estimates and comprehensive plan review cycle, which is planned to be performed by Fehr & Peers for the City of Kent under a different contract. 4.4.1 Land Use Scenario Travel Forecasts While most of the content of the TE has been developed and adopted in the TMP, the Comprehensive Plan will evaluate up to two additional land use scenarios. To evaluate these new scenarios, consultant will modify the 2044 City of Kent traffic demand model and run them to develop forecasts that represent these scenarios. Using these forecasts, consultant will analyze PM peak hour conditions in 2044 for these additional scenarios using Synchro software and report any corridors that do not meet the City’s level of service (LOS) standard requiring mitigation beyond the projects identified for implementation as part of the TMP. Consultant will identify a list of potential projects to address locations where corridors do not meet the City’s LOS standard. Then, consultant will re-run the model incorporating the list of proposed projects that address roadway capacity, and analyze the PM peak hour volumes using Synchro software under each scenario. Deliverable: Table of LOS results for three scenarios (two land use scenario with TMP-based roadway capacity projects, and one land use scenario with additional roadway capacity mitigation projects) Assumptions: 2044 land use allocations will be provided by City Staff organized by traffic analysis zone (TAZ) Two additional scenarios of the LOS results are being provided under the separate contract with the City of Kent. 4.4.2 Development of Transportation Element Fehr & Peers will develop a document that could serve as the City of Kent’s Transportation Element of its 2024 Comprehensive Plan. This document is anticipated to be developed in Microsoft Word and will reflect the content from the TMP as adopted. Envisioned sections include: an introduction, statement of the City’s transportation vision and goals, transportation policies, and supporting technical documentation that collectively respond to the requirements of RCW 36.70A.070. Confirming outline with City staff Developing initial document using template provided by MIG Responding to one consolidated round of staff edits Deliverable: Standalone Transportation Element Assumptions: The standalone Transportation Element will reflect the content from the TMP as adopted, and will often include text directly from the TMP such as: an introduction, statement of the City’s transportation vision and goals, and transportation policies 4.4.3 SEPA Coordination Fehr & Peers will support the development of responses to the SEPA checklist regarding transportation. Responses will be summarizing previous analysis and no new analysis will be created. Deliverable: Word Document summarizing responses to transportation checklist items 4.5 CHAPTER 5: PARKS AND RECREATION ELEMENT MIG will work with the Parks Department staff to ensure that goals and policies of the Parks & Recreation Element are consistent with the 2022 Parks and Open Space Plan. MIG assumes that all substantive information for this section will be provided by the new Parks and Open Space Plan. Deliverables: Draft and final Chapter 5 Element 4.6 CHAPTER 6: UTILITIES ELEMENT Concurrent with development of the land use scenarios, and while performing the analysis to update the Housing Element in Task 4.3 and Task 4.8, MIG will provide growth assumptions to the City, who will be responsible for identifying capacity improvements requirements, as needed. MIG will provide the number and type of dwelling units, commercial square footage etc. for growth scenarios determined in discussions with City Staff. MIG will coordinate with the consultants of the ongoing Sanitary Sewer Comp Plan (SSCP) regarding sanitary sewer needs associated with various growth scenarios. Additionally, MIG will coordinate with the County and other agencies to ensure coordination with existing efforts. Deliverables: Draft and final Chapter 6 with appendices for technical analysis (to be completed by the City or its infrastructure consultants) Coordination with other utilities services providers for areas not covered by City utilities Assumptions: Modeling of infrastructure needs will be conducted by subconsultants retained by the City 4.7 CHAPTER 7: HUMAN SERVICES ELEMENT MIG will review current Human Services Element and update the demographic, economic, and social trends with current data. Findings from Tasks 3 public engagement activities will be used to update the element as necessary. MIG will hold a one-hour work session with staff from the Housing and Human Services and Parks, Recreation & Community Services Department to understand the breadth of human services planning and programs and their effectiveness. Outcomes of the facilitated discussion will include: Comprehensive understanding of current programs, staffing and funding Deliverables: Draft and final Chapter 7, with updated data and incorporating findings from the community during the public engagement activities 4.8 CHAPTER 8: ECONOMIC DEVELOPMENT ELEMENT MIG will review existing plans relevant to the existing and future economic state of the City and update and/or revise the element as appropriate. MIG will review the following: Kent Industrial Lands Market Analysis and Industrial Site Design Analysis (November 2019) Kent Industrial Valley Employment and Market Trends Update (April 2022) Rally the Valley (2019) Relevant data and reports from the Puget Sound Regional Council Economic Development goal and policy updates will be informed by the findings and recommendations from these existing plans. MIG assumes updates to this Element will utilize the existing reports and plans as they are currently available. No additional analysis is assumed. Deliverables: Draft and final Chapter 8 4.9 CHAPTER 9: CAPITAL FACILITIES ELEMENT In collaboration with city staff from the Public Works Department, including but not limited to water, sanitary sewer, stormwater, and street maintenance staff, MIG will review the chapter and update: the inventory of existing public capital facilities, including their location and capacity; the forecast of future needs for public capital facilities, their proposed locations and capacities; MIG assumes that financing strategies will be completed by the City. Deliverables: Draft and final Chapter 9 Assumptions: MIG assumes that additional modeling will not be required as part this element. Modelling will be completed as part of the Utilities element and completed by the City or its infrastructure consultant(s) 4.10 CHAPTER 10: SHORELINE Using the City of Kent Shoreline Master Program: Gap Analysis Report (October 2018) and in collaboration with City Staff, MIG will review, update, and revise, as necessary, the Shoreline Element. Deliverables: Draft and final Chapter 10 4.11 CHAPTER 11: CLIMATE ELEMENT The Climate Element will identify primary and secondary changes and impacts such as air and water temperatures, precipitation patterns, snowpack, streamflow, flooding, sediment dynamics, and wildfire, as feasible. The analysis will summarize potential impacts on terrestrial and aquatic ecosystems, geologically hazardous areas, aquifer recharge areas, and soils. Sources will include the best available science from scientific literature, assessments, and agency and non-government reports and tools. MIG will ensure the contents of the Element aligns with Countywide Planning Policies (CPPs), Vision 2050/Multicounty Planning Policies (MPPs) and the King County-Cities Climate Collaboration (K4C). Deliverables: Draft and Final Climate Element Assumptions: Desktop analysis only. No fieldwork included. 4.12 LAND USE AND PLANNING BOARD HEARINGS MIG, together with the City, will jointly present at up to two Land Use and Planning Board public hearings. MIG assumes that a maximum of two consultant staff will attend the meetings. 4.13 PRESENTATIONS TO THE LAND USE AND PLANNING BOARD, ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE, AND CITY COUNCIL COMMITTEE MIG, together with the City, will jointly present at up to 8 meetings to review and gather input from the Land Use and Planning Board and City Council Committee and City Council’s Economic and Community Development Committee. MIG assumes that a maximum of two consultant staff will attend the meetings. Deliverables: Preparation for and attendance at up to 8 meetings and 2 public hearings to support the Comprehensive Plan development and adoption process 5 SEPA EIS 5.1 SCOPING MIG will prepare a SEPA scoping notice indicating what topics are assumed to be included within the EIS. Consultant assumes that as part of the public kickoff, SEPA scoping (in-person and online) will be incorporated into the initial comprehensive plan outreach. Consultant will provide a summary of scoping comments. After scoping, the SEPA Team will draft a Preliminary Draft EIS alternatives description for City review. Consultant assumes that the EIS alternatives will include the SEPA-required No Action Alternative and up to three Action Alternatives. Consultant will evaluate one Preferred Alternative in the Final EIS. 5.2 DEIS OUTLINE MIG will prepare a Draft EIS outline that identifies the major elements of the EIS, including all elements required in WAC 197-11. Consultant will provide the outline to the City for review and revise, assuming one round of comments. 5.3 PRELIMINARY DEIS MIG will collect GIS, documents and other readily available information necessary to complete a Preliminary Draft EIS. Desktop and GIS analysis is assumed to be sufficient for this task. MIG will incorporate existing previous EIS information into the Preliminary Draft EIS as possible. MIG assumes the following responsibilities to complete each element of the Preliminary Draft EIS: Consultant Responsibility: Population, employment, and housing o Consultant assumes that existing data sources will be sufficient to complete this section Existing Land Uses and zoning designations o Consultant will use existing GIS and PSRC data, as available, to complete this section o Incorporation of mitigation measures from the Downtown Planned Area Ordinance Transportation baseline analysis Air Quality, Greenhouse Gas Emissions and Climate Change Ecosystems, Parks and Recreation Visual Quality Water Quality and Hydrology Environmental Health Energy MIG assumes the City or its infrastructure consultant(s) will complete the systems analysis necessary to complete the utilities analysis Air Quality, Greenhouse Gas Emissions, and Climate Change SEPA requires air pollutants that could be generated by potential construction and operational activities to be evaluated. In addition, climate change and greenhouse gas emissions are also addressed as Air Elements. MIG will quantify emissions of air pollutants and greenhouse gases for the preferred action and up to three alternatives. The analysis will consider emissions from sources such as, but not limited to, transportation, energy use, and solid waste decomposition. Air pollutant emissions will be compared in the context of appropriate ambient air quality standards, while GHG emissions will be compared In the context of the State's 2030 (45% below 1990 levels), 2040 (70% below 1990 levels), and 2050 (85% below 1990 levels and net zero GHG emissions) targets. MIG will, as appropriate, rely on existing sources of information such as the upcoming K4C GHG emissions inventory and projections to prepare emissions estimates for the Comprehensive Plan. MIG will also rely on project-specific information, such as trip and vehicle miles travelled developed by Fehr & Peers for the Transportation Element. Assumptions: MIG will estimate emissions for the proposed action and up to three alternatives. Greenhouse gas emissions estimates will be provided to a level of detail commensurate with the details available for the Comprehensive Plan. MIG will be provided access to the methodology and/or tools used to prepare the upcoming K4C GHG emissions inventory. If available, MIG will also be provided GHG emission inventory information from the K4C analysis for the City of Kent. MIG assumes the electronic inventory files will not be directly editable but can be used to modify existing GHG emissions levels and develop new GHG estimates to reflect the Comprehensive Plan. MIG assumes any direct changes/edits to K4C work products (i.e., new detailed inventory-level GHG emissions estimates) would be requested and/or performed by the City or K4C. Deliverable MIG will provide the City with a preliminary Draft EIS for review. City will provide one set of consolidated, non-contradictory comments to MIG. MIG will incorporate the City’s comments and provide a print-ready Draft EIS. 5.4 DRAFT EIS WITH 30-DAY REVIEW PERIOD MIG will prepare a notice of availability and print-ready version of the Draft EIS to the City for posting and public review. The City will publish the Draft EIS. 5.5 FINAL EIS After the public comment period is completed, MIG will prepare a Final EIS including, a fact sheet, table of contents, draft EIS analysis corrections as needed, description of the preferred alternative, and responses to comments. MIG will provide the Final EIS to the City for review. MIG assumes one round of consolidated, non- contradictory comments. Based on City comments, MIG will provide the Final EIS and notice of availability. The City will be responsible for publication. 5.6 IMPLEMENTATION MEMORANDUM The SEPA Team will prepare a SEPA implementation memo to support the City in next steps related to SEPA review for future functional plans, SEPA permit facilitation tools and related technical tasks, such as future adoption and addenda or other forms as appropriate. Deliverables Draft EIS outline Preliminary Draft EIS in WORD Public Comment Log Final EIS in WORD and PDF Draft and final Implementation Memo Comprehensive Plan Regulatory and Equity Assessments 123 $15,410 $0 $0 124 $14,070 $0 $0 Land Use and Planning Board/City Council Work Session 20 $3,180 $0 $0 Subtotal 339 $41,080 $0 $0 Public Communication and Outreach 32 $4,930 $0 $0 40 $5,780 $0 $0 Community Advisory Committee Meetings (6)132 $18,420 $0 $0 60 $7,170 $0 $0 162 $19,560 $0 $0 Community Priorities and Values Workshop 146 $17,800 $0 $0 146 $17,800 $0 $0 148 $21,220 $0 $0 Subtotal 866 $112,680 $0 $0 36 $4,460 $0 $0 254 $27,000 $0 $0 100 $12,930 $0 $0 30 $3,100 $56,380 $56,380 50 $5,720 $0 $0 46 $4,980 $0 $0 32 $3,390 $0 $0 Chapter 8: Economic Development Element 32 $3,390 $0 $0 40 $4,110 $0 $0 22 $2,380 $0 $0 68 $7,910 $0 Land Use and Planning Board Meetings (2)24 $3,900 $0 Board, Committtee and Council Presentations (8)96 $15,600 $0 $0 Subtotal 830 $98,870 $56,380 $56,380 50 $5,500 $0 68 $8,660 $0 $0 328 $35,600 $0 $0 566 $69,910 $4,120 $4,120 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3.coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 5,000,000 per claim and $5,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant insurance and shall not contribute with it. 2. The Consultant not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. EXHIBIT B (Continued ) F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. / A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYYY) /Y9/14/2022 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230 Lafayette CA 94549 CONTACT NAME: The Certificate Team PHONE FAX A/C No Ext : A/C No), ADDRESS: CertsDesignPro@AssuredPartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Berkley Insurance Company 32603 License#: 6003745 INSURED MIGINCO-01 MIG, Inc. Moore lacofano Goltsman, Inc. INSURER B : Travelers Property Casualty Company of America 25674 INSURER C: The Travelers Indemnity Company of Connecticut 25682 INSURER D : 800 Hearst Ave INSURER E : Berkeley CA 94710 INSURER F : COVERAGES CERTIFICATE NUMBER:285061767 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFF MM DDPOLICYYYYY Y EXP MM DDYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y Y 6801H899998 8/31/2022 8/31/2023 EACH OCCURRENCE $1,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE TO TED PREMISES(E. occurrence) lccurrrence)$ 1,000,000 X MED EXP (Any one person) $ 10,000 Contractual Liab Included PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ❑X PRO ❑ LOC JECT ]OTHER, PRODUCTS - COMP/OP AGG $ 2,000,000 $ C AUTOMOBILE LIABILITY Y Y BAOS579947 8/31/2022 8/31/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLALIAB X OCCUR Y Y CUPOH758762 8/31/2022 8/31/2023 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y U621-553909 8/31/2022 8/31/2023 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability N Y AEC905795904 8/31/2022 8/31/2023 Per Claim $5,000,000 Aggregate Limit $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow -form underlying General Liability/Auto Liability/Employers Liability. RE: Kent Comprehensive Plan The City of Kent is named as an additional insured as respects general and auto liability as required per written contract or agreement. General and Auto Liability are Primary/Non-Contributory per policy form wording. CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 4th Ave S AUTHORI D REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: BAOS579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to L. glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of M. $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS : 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or 'loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 © 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 CG T8 02 XX XX DATE OF ISSUE: 08/31/2022 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organ ization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG T8 01 XX XX Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 08/31/2022 Policy # 6801 H899998 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or"property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance . Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 6801 H899998 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion oT L;overaae A or uoveraae b. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy#: BAOS579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part S. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TRAVELERS!' WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — POLICY NUMBER: 1-11321-553909 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by Travelers Property Casualty Company of America DATE OF ISSUE: 9/14/2022 Page 1 of 1 EXHIBIT C Employee List Friday, September 23, 4 22 AM 11:45:5:5AM MIG, Inc. Full Provisional Billing Name Rate Title: Generic Marketing Title: Accountant/Office Manager Frances Carrillo 150.0000 Title: Accounting and Operations Manager Donna Thompson 125.0000 Title: Accounts Payable/Payroll Accountant Dana K Burd-Hannon 120.0000 Title: Administrative Assistant Fred Dehbod 85.0000 Title: Air Quality Noise Analyst I William Deeman 115.0000 Kasey Kitowski 105.0000 Total for Air Quality Noise Analyst I Title: Analyst I/Biologist I Hayden Agnew -Wieland 105.0000 Title: Analyst III/GIS Analyst III Becca Dannels 115.0000 Title: Archaeologist Shelby Kendrick 140.0000 Title: Art Director Gary Pyskacek 205.0000 Title: Assistant Planner Calora Boyd 85.0000 Duncan Edwards 95.0000 Nicholas Paganini 85.0000 Kathy Huang Tran 80.0000 Total for Assistant Planner Title: Associate Director of Marketing Brian Boecking 135.0000 Steve Cheadle 140.0000 Total for Associate Director of Marketing Title: Associate Planner Kevin Shannon 120.0000 Title: Associate Planner II Brett W Dawson 130.0000 Title: Biologist II Alex Broskoff 120.0000 Title: Business Unit Administrator/Sr. Project Accountant Sharyn Tanner 160.0000 Title: CAD MID/Senior Jennifer Anderson 130.0000 Title: CAD SHCAD Manager Jeff Zunker 150.0000 Title: CAD Technician Stacy Souvanny 90.0000 Title: Civil Engineer II Batseba Fukur 105.0000 Title: Communications Project Associate Kyle Ravelo 105.0000 Title: Communications Project Manager Rebecca Graham 170.0000 Title: Community Engagement Project Manager Melissa Rodriguez 125.0000 v7.6.778 (ATORREANO) - Page 1 of 8 Employee List Friday, September 23, 2022 11:45:54 AN Full Provisional Billing Name Rate Title: Community Planner/Co-Director of Equity Studio Noe R Noyola 155.0000 Title: Consulting Planner Shawna Brekke-Read 180.0000 Title: Contract Planner David Mares 120.0000 Title: Creative Director Aaron Ishaeik 165.0000 Title: Deputy Project Manager Melissa Butler PLA 130.0000 Holly De La Torre 125.0000 Donna Yeung-Gutierrez 125.0000 Total for Deputy Project Manager Title: Dir. of Air Quality, Greenhouse Gas & Noise Svs Christopher Dugan 230.0000 Title: Dir. of LA Ops/Dir. of Regenerative Design Studio Jennifer Zell PLA, ASLA 180.0000 Title: Director of Biological Analysis Taylor Peterson 205.0000 Title: Director of Business Services Adele L Torreano 220.0000 Title: Director of Contract Services, So. Cal. Russell Brady 150.0000 Title: Director of Creative Services Kimberly Donahue 170.0000 Title: Director of Digital Engagement Ryan Mottau 160.0000 Title: Director of Entitlement Services Deirdre McCollister 210.0000 Title: Director of Environmental Analysis Michael Campbell AICP 230.0000 Title: Director of Environmental Planning Raymond J. Pendro 205.0000 Title: Director of Environmental Services Bob Prasse 225.0000 Title: Director of Experinence Design Kevin Bazzell AAIA 160.0000 Title: Director of GIS Services Jose Rodriguez 160.0000 Title: Director of Human Resources Roxanne Evanoff 175.0000 Title: Director of Landscape Architecture Audrey West 200.0000 Title: Director of Landscape Design Angie R Hulsebus PLA 175.0000 Title: Director of Management & Policy Services, Berkeley Katherine Welty 225.0000 Title: Director of Marketing and Communications Ann Berchtold 195.0000 Title: Director of Planning and Design Andrew Rutz CNU-A 160.0000 Title: Director of Preservation Planning & Design Laurie Matthews 165.0000 Title: Director of QA/QC Richard Larson PLA 225.0000 Title: Director of Social Marketing Tim Carroll 195.0000 v7.6.778 (ATORREANO) - Page 2 of 8 Employee List Friday, September 23, 2022 11:45:54 AN Full Provisional Billing Name Rate Title: Director of Urban Design Matt Shawaker 205.0000 Title: Director of Visualization/Senior Project Manager Mark Daniel De La Torre 155.0000 Title: Director of Web Engineering David Banks 185.0000 Title: Director Urban Strategy and Development Kathleen Joncas 300.0000 Title: Director, Sr Eng VII Steven Burke 235.0000 Title: Engineer 1/11 Allison Tran 105.0000 Title: Engineer 1/11 EIT Mary Keilhauer 105.0000 Title: Engineer IV/V Sakaru Tsuchiya 160.0000 Title: Engineer V Barbara Van de Fen 180.0000 Title: Engineer V, PM Nathaniel Riedy PE 185.0000 Title: Engineer V/VI Vanessa Hostetter PE 180.0000 Title: Engineer V/VI, Project Manager Laurel "Lolly" Kunkler PE 195.0000 Title: Environmental Planning Project Associate Robert Westbrook 90.0000 Title: Executive Administrator to the CEO Nina Kathryn Anderson 145.0000 Title: Executive Assistant/ Office Manager Brittany Torres 105.0000 Title: Executive Assistant/Office Manager Amanda Dorsey 105.0000 Nicole Gomez 120.0000 Total for Executive Assistant/Office Manager Title: Experiential Design Summer Intern Erika Schmidt 85.0000 Title: Fisheries Biologist Doug Rischbieter 145.0000 Title: Front -End Developer Ray Bullard 155.0000 Title: GIS Analyst III Zachary Field (Likins) AICP 135.0000 Title: Graphic Designer Danyel Cisneros 100.0000 Graciela Ramirez 130.0000 Madeleine Salem 115.0000 Total for Graphic Designer Title: Human Resources/Project Assistant Amelia M Corvera 115.0000 Title: Intern Alexander Kokotas 80.0000 Title: IT Associate James Swift 100.0000 Title: IT Helpdesk Technician Kevin Leonard 90.0000 Title: IT Manager Paul Banda 160.0000 v7.6.778 (ATORREANO) - Page 3 of 8 Employee List Friday, September 23, 2022 11:45:54 AN Full Provisional Billing Name Rate Title: Landscape Architect Anthony Bertolini 150.0000 Christina Lynch 140.0000 Michael Work PLA 145.0000 Total for Landscape Architect Title: Landscape Architect II/III Madeline Wayham PLA 115.0000 Title: Landscape Architect IVN Project Manager Amanda Bailey PLA, ASLA 160.0000 Title: Landscape Architect IVN, Project Manager Justin Martin PLA, ASLA 160.0000 Title: Landscape Architect V Melanie Davies PLA, ASLA 175.0000 Title: Landscape Design Intern Dahill Shelvy 80.0000 Nathaniel Willing 80.0000 Total for Landscape Design Intern Title: Landscape Designer Roxanne Glick 115.0000 Jose Guadalupe Gutierrez 120.0000 Ada (Jing) Lu 125.0000 Matthew McCreary 130.0000 Bahar Mojtahedi 130.0000 Yao Yu 100.0000 Total for Landscape Designer Title: Landscape Designer I Claudia Sackett Hennum 95.0000 Title: Landscape Designer II/III Davin Dawson PLA 115.0000 Title: Landscape Designer/Accessibility Specialist Alexa Vaughn 110.0000 Title: Lead Software Architect Paul Sumner 195.0000 Title: Marketing Coordinator Maxwell Robinson 90.0000 Title: Marketing Manager Mi-Yung L Rhee 130.0000 Aaron Rogers 135.0000 Total for Marketing Manager Title: Office Manager Amanda North 115.0000 Title: Office Manager/Office Ececutive Assist Kim Houkal 150.0000 Title: Office Manager/Sr. Project Accountant Sandy Ho 140.0000 Title: Planner Brandon Crawford 100.0000 Title: Planning Project Associate Keegan Gulick 90.0000 Isabelle Loh 90.0000 Emma -Quin Smith 100.0000 Total for Planning Project Associate Title: PM/Sr. Exhibit & Enviro. Graphic Designer Dean DeShetler 150.0000 Title: Principal Calvin R Abe 295.0000 Frank Angelo Jr. 275.0000 Richard D Barrett LEED AP 250.0000 v7.6.778 (ATORREANO) - Page 4 of 8 Employee List Friday, September 23, 2022 11:45:54 AN Full Provisional Billing Name Rate Lisa Brownfield 215.0000 Catherine Corliss 220.0000 Esmeralda Garcia 215.0000 Paula Ann Hartman 230.0000 Heather Kaplinger Buczek ICC 195.0000 Steve Kokotas 205.0000 Steve Lang PLA, ASLA 225.0000 Mukul Malhotra 295.0000 Evan Mather 285.0000 Darci Rudzinski 205.0000 Serena M. Sidmore 180.0000 Pam Steele 305.0000 Laura Stetson AICP 240.0000 Total for Principal Title: Principal / Dir. of Sacramento Operations Daniel J Amsden AICP 195.0000 Title: Principal and Director of Architectural Services Barbara Wilks 295.0000 Title: Principal of Contract Planning Scott Davidson AICP 235.0000 Title: Principal, Chief Development Officer Christopher J Beynon AICP 310.0000 Title: Principal, Chief Executive Officer/CFO Daniel S. Iacofano PhD, FAICP, FASLA 350.0000 Title: Principal, Chief Operating Officer Carolyn M Verheyen 310.0000 Title: Principal, Director of Experience Design Jake Dumler PLA, ASLA 215.0000 Title: Principal, Director of Landscape Architecture Melissa Erikson PLA, ASLA, LEED AP 210.0000 Title: Principal, Director of Marketing Strategy Deanna Chow Trotter 265.0000 Title: Principal, Director of Urban Planning & Design Jason Robert Renkens AICP 275.0000 Title: Principal, Senior Engineer IX David Rodgers PE, LEED AP 275.0000 Title: Principal, Senior Engineer X Tom von Schrader PE, LEED AP 310.0000 Title: Principal/ Dir. Landscape Architecture Sacramento Jose de Jesus Leal ASLA 195.0000 Title: Principal/ Dir. of PSQ Operations Mark Davies 240.0000 Title: Principal/Dir. Landscape Architecture, Berkeley Amelia Mitchell 195.0000 Title: Principal/Dir. of Parks and Recreation Cindy Mendoza CPRP 185.0000 Title: Principal/Dir. of Technical Engineering Kathryn Gwilym 235.0000 Title: Principal/Director of Planning Services, Northwest Alex Dupey 185.0000 Title: Principal/Director of Portland Operations Jonathan Pheanis AICP 185.0000 Title: Production Coordinator Salvatore Crivello 100.0000 Title: Production Manager Jennifer McConnell 190.0000 Title: Project Accountant China Davis 120.0000 v7.6.778 (ATORREANO) - Page 5 of 8 Employee List Friday, September 23, 2022 11:45:54 AN Full Provisional Billing Name Rate Thao Huynh 140.0000 Cedric Shepherd 125.0000 Total for Project Accountant Title: Project Accountant/Biller Yanty Ruslim 120.0000 Title: Project Administrator Lauren Salas 90.0000 Lori Maness 120.0000 Total for Project Administrator Title: Project Assistant Annette Arredondo 95.0000 Title: Project Assistant/ Office Administrator Farah Tekbali 85.0000 Title: Project Associate Roxanne Borzo Bertrand 120.0000 Ellie Gertler 100.0000 Claire Fettig 85.0000 Marco Hinojosa 90.0000 Sun-Gyo Lee 90.0000 Jackie Martinez 120.0000 Maria Mayer 125.0000 Tucker McPhaul 110.0000 Joseph Nielsen 100.0000 Ander Garcia O'Dell 85.0000 Sasha (Emma) Ragland 90.0000 Alfonso Ramirez 95.0000 Sara Perez Rojas 100.0000 Fernanda Suarez 100.0000 Finley Sutton 85.0000 Kathrine Wall 115.0000 Total for Project Associate Title: Project Manager Elly Schaefer 125.0000 Chad Caletka 135.0000 Rishi Dhody 140.0000 Rachel Ann Edmonds ASLA 135.0000 Jill A Eulate 175.0000 Southisone Garner 145.0000 Nicholas Gehler 125.0000 Diana Gonzalez 170.0000 Matthew Hastie 220.0000 Ryan Kucinski 130.0000 Myrna Ortiz Villar 135.0000 Krystin Ramirez 125.0000 Mark A Sillings 165.0000 Jonathan Tarr 125.0000 Mackinzi Taylor 115.0000 Total for Project Manager Title: Project Manager / Preservation Specialist Eleanor Cox 155.0000 Title: Project Manager/ Landscape Architect Rebecca Colbert PhD, PLA 150.0000 Title: Project Manager/Senior Play Specialist Christina Frank 155.0000 Title: Public Art and Programs Intern, Hali Galloway 85.0000 Title: Senior Advisor Paul Fragua v7.6.778 (ATORREANO) - Page 6 of 8 Employee List Friday, September 23, 2022 11:45:54 AN Full Provisional Billing Name Rate Title: Senior Analyst Cameron Hile 125.0000 Title: Senior Anaylst II/Senior Project Manager II Phillip T Gleason 175.0000 Title: Senior Art Director Edward B Canalin 195.0000 Title: Senior Associate Planner Deborah D. Bradford 145.0000 Alex Steele 155.0000 Total for Senior Associate Planner Title: Senior Biologist Elizabeth Kempton PhD 145.0000 Title: Senior Biologist I David Gallagher 165.0000 Megan R Kalyankar 150.0000 Total for Senior Biologist I Title: Senior Biologist II Kim Briones 175.0000 Title: Senior Engineer VI, Sr. PM Nathan Polanski PE 215.0000 Title: Senior Enviromental Analyst/Project Manager II Christina Lau 160.0000 Title: Senior Environmental Planner Amy Paulsen 160.0000 Steve Ridone 160.0000 Total for Senior Environmental Planner Title: Senior Landscape Architect Wendy Chan PLA, LEED AP 185.0000 Jan Eiesland PLA 195.0000 Bill T. Estes PLA, ASLA, LEED AP 160.0000 Andrea Klein PLA, ASLA, LEED AP 190.0000 Jennifer Salazar PLA, ASLA 180.0000 Total for Senior Landscape Architect Title: Senior Landscape Designer Chuan Ding 150.0000 Jessica Roberts 130.0000 Total for Senior Landscape Designer Title: Senior Marketing Coordinator Scott Coffey 105.0000 Title: Senior Marketing Manager Vicky Jocson 135.0000 Title: Senior Planner Carolyn Brennecke AICP 100.0000 Allison Cook 170.0000 Clinton (CJ) Doxsee 130.0000 Deborah Drasler 170.0000 Anne Fox 190.0000 Mark Hoffheimer 175.0000 Cecilia Jaroslawsky 155.0000 Allison Lee 145.0000 Debbie Lawrence 130.0000 Andrew Parish 140.0000 Shayna Rehberg 140.0000 Katherine Rogers 130.0000 Lisette Sanchez -Mendoza 140.0000 Tricia Stevens AICP 190.0000 Total for Senior Planner v7.6.778 (ATORREANO) - Page 7 of 8 Employee List Friday, September 23, 2022 11:45:54 AN Full Provisional Billing Name Rate Title: Senior Project Accountant Faylin B. Paciski 155.0000 Title: Senior Project Administrator Rachael Husted 120.0000 Title: Senior Project Associate Phoenix Alfaro 125.0000 Bridget Brown 120.0000 Steven Davidovas 120.0000 Casey Howard 110.0000 Evan Lanning 115.0000 Miranda Miller 120.0000 Stephanie Lane Pavon 140.0000 Lauren Scott 110.0000 Geena Stellato 125.0000 Blaze Syka 125.0000 Saul Vazquez Mejia 115.0000 Jaclyn Walian 130.0000 Total for Senior Project Associate Title: Senior Project Manager Barbara Beard 205.0000 Louis J. Hexter 160.0000 Oscar Johnson 195.0000 Paul M Kuhn PLA 160.0000 Robert Melnick 155.0000 Kent Norton 165.0000 Christine Peterson 135.0000 Edward Samson 160.0000 Genevieve Sharrow 160.0000 Christine Thomson AICP 170.0000 Total for Senior Project Manager Title: Senior Project Manager II Kate Werner 195.0000 Title: Senior Project Manager: DEI Lyssa Ichikawa 155.0000 Title: Senior Urban Designer CJ (Charles) J Davis Jr. 150.0000 Title: Social Policy Project Associate Yesenia Lopez Perez 105.0000 Title: Sr. Accounting Manager Robby Yu 175.0000 Title: Sr. Landscape Designer and Irrigation SPCLST Dino Viale 160.0000 Title: Sr. Project Accountant Michele Zuniga-Cuevas 135.0000 Title: Sr. Project Associate/Digital Engagement Specialst Ana Padilla 120.0000 Title: Sr. Project Mgr Joseph Dills 260.0000 Title: Universal Design Specialist / Project Manager Lena Roper 150.0000 v7.6.778 (ATORREANO) - Page 8 of 8 First Name Last Name Jul 22 Position Jul 22 T&M Fehr & Peers Standard Billing Rates July 2022-June 2023 Fehr & Peers reserves the right to change these rates at any time with or without advance notice. Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for handling. Personal auto mileage is reimbursed at the then current IRS approved rate (58.5 cents per mile as of Jan 2022). Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor