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HomeMy WebLinkAbout25-153.00BERKConsultingIncSpokaneValleyAnnexationAnalysisPartIIIContract No. 25-153.00 AGREEMENT FOR PROFESSIONAL SERVICES BERK Consulting Inc. Spokane Valley Annexation Analysis Part III THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and BERK Consulting Inc, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2025, unless the time for performance is extended in writing by Agreement for Professional Services (with professional liability coverage) Page 1 of 8 Contract No. 25-153.00 the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant a flat fee of $23,200, (which includes Washington State Sales Tax if any is applicable) as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Marci Patterson, City Clerk Name: BERK Consulting Inc. Phone: (509) 720-5000 Phone: (206) 324-8760 Address: 10210 East Sprague Avenue Address: 2200 Sixth Ave, Spokane Valley, WA 99206 Seattle, WA 98121 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Agreement for Professional Services (with professional liability coverage) Page 2 of 8 Contract No. 25-153.00 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. 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 Consultant, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent Agreement for Professional Services (with professional liability coverage) Page 3 of 8 Contract No. 25-153.00 contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. 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. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Agreement for Professional Services (with professional liability coverage) Page 4 of 8 Contract No. 25-153.00 E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, 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 Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, 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, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder 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 purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. Agreement for Professional Services (with professional liability coverage) Page 5 of 8 Contract No. 25-153.00 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including_ Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultants's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. Agreement for Professional Services (with professional liability coverage) Page 6 of 8 Contract No. 25-153.00 E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Consultant under the Agreement until Consultant complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of Section 22 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Agreement for Professional Services (with professional liability coverage) Page 7 of 8 Contract No. 25-153.00 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 3 8; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 23. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this CITY OF SPOKANE VALLEY ohn Hohman, City Manager 17th day of October 20 25 Consultant: By: Lisa Grueter Its: Authorized Representative Agreement for Professional Services (with professional liability coverage) Page 8 of 8 7 : ..: ...... :iII BERK - Exhibit A - MEMORANDUM DATE: September 24, 2025 TO: Terri Stripes, City of Spokane Valley FROM: Lisa Grueter, AICP, Principal, BERK Consulting And: Andrew Bjorn, PhD, AICP Phone: 206.324.8760 2200 Sixth Avenue, Suite 1000 Seattle, WA 98121 www.berkconsulting.com RE: Spokane Valley Annexation Analysis Part III - Proposed Scope of Work + Budget Terri: In response to our discussions, we are pleased to provide you with a scope of work and general quote to provide the third phase of our assessment of annexation strategies for Spokane Valley. We would be able to carry out the project under the terms included in this letter, and the scope reflects further discussion we have had with you. Thank you, and we look forward to working with you on this project. Sincerely, J "d Lisa Grueter BERK Consulting, Inc. Email: Lisa@berkconsulting.com :ill Scope of Work The City of Spokane Valley has worked to develop a consistent strategy for evaluating options for future annexation. To date, this has proceeded in two stages: As part of initial work in late 2023, draft subareas for assessment were created and an evaluation of available buildable lands in these subareas were evaluated for the potential to support new residential and commercial development. Additional areas outside of the current UGA were also assessed, and a preliminary strategy was provided to highlight areas where the City could decide to prioritize future annexation. ■ A second phase completed in 2024 extended the initial results with an assessment of the fiscal sustainability of future annexation of selected areas. This was used to refine annexation policy recommendations for the city to guide ongoing land use planning decisions. As part of a third phase to this work, the City needs to understand the specific implications of annexing selected portions of identified subareas within the UGA. These represent selected sites in area 2 (N Argonne / E Upriver - South) north of the Spokane River, and area 11(SR 27 E Belle Terre) along State Route 27 south of the city as well as area 5 parcels adjacent to the Northeast Industrial Area. The objectives of this work would include the following: ■ Evaluating probable development for the selected sites in these areas to create annexation and development scenarios. ■ Indicating necessary infrastructure investments and other necessary city expenditures for identified scenarios. ■ Determining net operating budget impacts across different scenarios. • Providing final recommendations for action with respect to annexation of these locations. We envision this project to be carried out according to the following tasks: 1. Project kick-off and management As part of the initial steps of this project, we will coordinate a kick-off meeting to refine the team understanding of the project context, requirements for deliverables, and any special considerations for this phase of the project. A project charter will also be provided that includes a more detailed schedule, contact information, and other project details as needed. Additionally, regular project meetings will be coordinated for this project between the consultant team and the City project manager to provide regular updates and discuss preliminary findings. 00111 September 2025 1 City of Spokane Valley I Annexation Analysis - Proposed Scope + Budget 11 2 2. Scenario development Using the information in the project scoping and the previous phases, we will coordinate individual scenarios describing the expected development the City might expect with annexation of the identified sites. This would include: ■ Likely development alternatives under City zoning for identified sites, including different land use types and intensities. ■ Additional investment required for infrastructure to support development. ■ Timing of annexation and other city actions. ■ "Worst case" situations where no development would occur. This would work to present a set of development programs that can be used as inputs for site - specific annexation modeling. The steps we envision for this work include: 2.1 Data collection. We will coordinate with City staff to collect additional information as necessary regarding these sites, including relevant site conditions, development restrictions, existing infrastructure, and expected plans for development. 2.2 Land capacity assessment. Based on the City's recent land capacity analysis for the Comprehensive Plan periodic update, and a closer review of the subject subareas than the broader planning area evaluation, we will discuss alternatives for potential land capacity for subject sites. This will include both potential rezoning by the City that would be possible after annexation, as well as alternative land use options of interest to the City. We assume the City will provide the 2024 spatial analysis of land capacity for the study areas, and we build from that. 2.3 Scenario parameter options. Based on the land capacity analysis, we will develop the necessary inputs for scenario modeling. This will include not only relevant parameters about possible construction, but also other parameters that may impact the results of the analysis (e.g., type of retail/business uses, size and format of residential units, etc.). This work will be summarized as several specific scenarios for annexation in each area that will be reviewed and approved by the City. 2.4 Infrastructure investment requirements. Although certain elements of this analysis can be determined from previous research, we will review necessary infrastructure investment in more detail in cooperation with the City Public Works department. While the City is not financially responsible for certain types of services (e.g., fire protection), site -specific conditions and local infrastructure capacity may have costs that differ from the broader estimates provided through the previous report. This will primarily focus on necessary transportation and stormwater infrastructure needs but may include discussions of other infrastructure costs discussed in previous reports such as options for water service where there are multiple service providers possible. :ill September 2025 1 City of Spokane Valley I Annexation Analysis - Proposed Scope + Budget 2.5 Evaluation. We will prepare an evaluation of whether annexing these properties meet the City's code evaluation criteria.1 3. Financial analysis Based on the scenarios developed in Task 2, we will coordinate financial modeling of smaller - scale annexation in the study areas. These scenarios will be evaluated for financial costs based on an extension to the modeling developed as part of Part II of this project, and will clearly document changes in the model and assumptions from this earlier deliverable. 3.1 Site -specific impact model development. We will develop a new modeling framework as an extension to our previous work in Spokane Valley which will work to provide smaller - scale financial assessments. The assumptions of this model will be documented, and we will provide a detailed methodology in the final report. 3.2 Annexation impacts by parcel. Based on the revised model, we will outline a full parcel - by -parcel list of the estimated financial impacts. These estimated impacts will be divided between specific impacts related to the site and scenario (e.g., expected property taxes, sales taxes from construction, infrastructure costs) and general high-level impacts from activities like increased demands on City services or long-term changes in REITs. 3.3 Aggregate annexation impacts. In addition to the summary by individual parcel, we will also provide a strategic view of annexing the collection of parcels. This will include overall considerations for annexations in these areas, including the role of cost -sharing for infrastructure improvements. 3.4 Draft results memo. We will compile the results of the modeling into a draft memo that will outline the major findings for review by City staff. We will coordinate a meeting with staff to confirm these results, determine the need for revisions, and identify any final considerations for the report. 4. Report and close-out At the conclusion of the project, we will provide final revisions to the analysis to address any outstanding needs and considerations. We will provide a full report to the City outlining the methodology used, model results, and implications for action, and provide for a final submission. This may include a formal meeting with City staff and/or Council held remotely. 4.1 Revisions to analysis. Based on the feedback provided by the City on the draft results memo, we will develop any necessary revisions to the analysis, scaled to the effort identified. This may include changes or additions to the scenarios, adjustments to the impacts assessed, and edits to the descriptions of impacts as needed. 4.2 Final report development. We will compile a final report based on the draft results memo and project work conducted to document the process and methodology, and summarize the results of this effort. We will focus on including actionable https://www.codepublishing.com/WA/SpokaneValley/#!/SpokaneVal ley19/SpokaneValleyl9180.html#19.180. 030 s��� September 2025 ]City of Spokane Valley I Annexation Analysis -Proposed Scope + Budget 4 recommendations and guidance as part of this final report to help Council in decision - making on future annexations, and ensure that the steps used to develop these recommendations are clearly defined. 4.3 Submission of report and close-out. Upon completion of the final report, we will coordinate with City staff to ensure that all requirements for the deliverables have been met and the resulting materials address project goals. In addition, this subtask includes time allocated for a final presentation to Council if required. Budget and Schedule For this second phase, we anticipate a total budget of $23,200 inclusive of all hourly rates. A breakdown of costs by task is provided below, which may be changed as part of initial discussions of the project. We expect that this project will require about 3 months to complete starting in September 2025, with the final deliverable due in mid -November 2025. Our hourly rates include all overhead rates and direct salary costs. Note that no travel expenses have been allocated for this project and all meetings will be managed remotely. Any task/work request considered to be outside the agreed upon scope and contracted duties that will incur fees, will be communicated by our team and agreed to by the city before performance of that task/work request. Please note that BERK bills on a monthly basis for work completed in the prior month. All bills are reviewed by the Project Manager and sent directly to the client or client's designee via email. :III September 2025 1 City of Spokane Valley I Annexation Analysis -Proposed Scope + Budget 11 5 - Exhibit B - Andrew Bjorn BERK Consulting Katherine Goetz Casey Price Lisa Grueter Project Lead Financial GIS Support Principal in Charge Total Hours and Assessment Estimated Cost by Task 2025 Hourly Rate Task 1: Project Kick-off and Management $210 $190 $150 $260 1.1 Project kick-off meeting 1 1 1 1.2 Regular project meetings 2 3 Subtotal 3 4 0 1 8 DevelopmentTask 2: Scenario $1,650 2.1 Data collection 2 4 4 2.2 Land capacity assessment 6 2 2.3 Scenario parameter options 8 2 2.4 Infrastructure investment requirements 4 2 2.5 Criteria 3 Subtotal 23 4 10 0 37 Task 3: Financial Analysis $7,090 3.1 Site -specific impact model development 8 2 3.2 Annexation impacts by parcel 8 2 3.3 Aggregate annexation impacts 4 2 3.4 Draft results memo 8 4 2 1 Subtotal 28 10 2 1 41 Close-OutTask 4: Report and $8,340 4.1 Revisions to analysis 4 2 2 4.2 Final report development 8 4 2 1 4.3 Submission of report and close-out 4 4 Subtotal 16 30 4 1 31 $8,340 Total Estimated Hours 70 28 16 3 117 Cost (Hours`Rate) $14,700 $5,320 $2,400 $780 $23,200 Subtotal Consultant Cost $23,200 Estimated Project Total $23,200 �i�� September 2025 1 City of Spokane Valley I Annexation Analysis -Proposed Scope + Budget T 6 A`� �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/Y) 10/06/20252025 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 CONTACT Brandi Palmer NAME: The Partners Group LLC PHONE Ext : (425) 455-5640 q/c, No : (425) 455-6727 E-MAIL brandi.palmer@tpgrp.com ADDRESS: 1111 Lake Washington Blvd N. INSURER(S) AFFORDING COVERAGE NAIC k Suite 400 INSURERA: Hartford Underwriters Ins Co 30104 Renton WA 98056 INSURED INSURER B : Beazley Excess and Surplus Lines Insuance Company 17520 INSURER C : Berk Constulting, Inc INSURER D : 2200 6th Ave Suite 1000 INSURER E : INSURERF: Seattle WA 98121-1859 COVERAGES CERTIFICATE NUMBER: 25/26 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSD WVD POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDIYYYY LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 2,000,000 �/ CLAIMS X OCCUR AMA E PREMISES Ea occurrence 1,000,000 $ MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 A Y Y 52SBABG9G2F 09/18/2025 09/18/2026 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY JECT El PRO- LOC PRODUCTS - COMP/OPAGG $ 4,000,000 EPLI OCC/AGG s 25,000 / $25,000 OTHER I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y 52SBABG9G2F 09/18/2025 09/18/2026 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED HNON-OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS -MADE 52SBABG9G2F 09/18/2025 09/18/2026 AGGREGATE $ 2,000,000 X DED I I RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A 52SBABG9G2F 09/18/2025 09/18/2026 PER OTH- STATUTE X ER WA Stop Gap Liab E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ b Professional Liabiity W16985241102 09/18/2025 09/18/2026 OCCURANCE $2,000,000 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Spokane Valley Annexation Phase III. The City of Spokane Valley is additional insured when required by written contract or written agreement per the attached form SL 30 32 06 21. Waiver of Subrogation and Primary & Non -Contributory Status applies when required by written contract or written agreement per the attached form SL 00 00 10 18. 30 Day Notice of cancellation applies per attached form SL 90 13 10 18 CFRTIFICATF HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 ' �--1 4X�17d 4dnWc_.) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD