HomeMy WebLinkAbout5207 Contract Number: 5207
Vendor: BERK & ASSOCIATES, INC
Subject: PSA Gorst Annexation Fiscal Analysis
Department: Finance
File Class: LEG 12 -1
Begin Date: 2/22/2013
End Date:
Review Date: 9/1/2015
Vault Date:
Comments: Amendment #1 4/14/14
5
CONTRACT MODIFICATION AGREEMENT NO.1
BETWEEN THE CITY OF BREMERTON AND
BERK & Associates, Inc.
PROJECT Gorst Annexation Fiscal Analysis
CONSULTANT BERK & Associates Inc_
DATE Aril 10 2014
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
AG (the "Contract ") entered into between the City of Bremerton nd BERK &
Associates, Inc. on February 22, 2013 and as modified red on r 0?Q
All provisions in the Contract shall remain in full force and effect except as expressly modified by this
document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as
follows:
I.
Section I. Scope; is modified as follows: See Amended Scope of Work attached as Exhibit A.
Section III. Compensation; is modified as follows: The original contract amount was an amount not
to exceed Fifteen Thousand Dollars ($15,000.00). The City shall pay the Consultant for the additional
work described above an amount not to exceed Two Thousand Eight Hundred Dollars ($2,800.00) for
a total amended contract amount of Seventeen Thousand Eight Hundred Dollars ($17,800.00),
including this Contract Modification.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final settlement of
all of the Consultant's claims for contract time and for all costs of any kind, including without
limitation, costs of delays related to any work either covered or affected by this Contract
Modification, claims related to on -site or home office overhead, or lost profits. This Contract
Modification does not limit the City's right to bring a claim for past performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes, if
any, in the contract price specified for each item, including any and all supervision costs and other
miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any,
for completion of the entire work due to said Contract Modification.
This document will become it supplement of the contract and all provisions will apply hereto. It is
understood that this Contract Modification shall be effective when approved by the City of
Bremerton.
BERK & Associates Contract Modification l
Gorst Annexation Fiscal Analysis
r
The parties whose names appear below warrant that they are authorized to enter into a contract
modification that is binding on the parties of this contract. In addition, Consultant warrants that
it has or will inform the surety of this change, and shall take appropriate action to modify any
bonds required under the contract to address this change.
BERK & ASSOCIATES, INC. THE CITY OF BREMERTON
By �� t Nd B P t i
Its f jV4 ' ' r Its Ma
DATE: 'T'I'C' �`T DATE:
APPROVED AS TO ORM: ATTEST:
41- — r
Bremerton City ey City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
BERK & Associates, Inc. Andrea Spencer
2025 First Avenue, Suite 800 Director of Community Development
Seattle, WA 98121 City of Bremerton
345 6' Street, Suite 600
Bremerton, WA 98337
BERK & Associates Contract Modification 2
Gorst Annexation Fiscal Analysis
p.
s
EXHIBIT A - CONTRACT MODIFICATION
BERK & ASSOCIATES
GORST ANNEXATION FISCAL ANALYSIS
April 2014 Contract Amendment
This section outlines a contract amendment that would provide additional budget to support BERK in
completing the following work on this project:
Complete the Final Technical Memorandum. This contract amendment would provide additional
budget for BERK to incorporate the City's comments on the Draft Technical Memorandum into a
Final Technical Memorandum. The original budget for the technical memorandum was exhausted
due to higher- than- expected level of effort around capital cost estimates with the City and the
County, as well as an extended timeline for document completion.
Attend and Present at a Bremerton City Council Meeting. The contract amendment would provide
budget for BERK to attend a Bremerton City Council meeting and present the findings of the
analysis. This effort was not part of the original scope. This budget would provide resources for
BERK to prepare a presentation, as well as travel to and attend a council meeting.
The following table summarizes the requested budget increase in order to complete the above tasks. All
work will be billed on a time and materials basis with the total budget for this amendment not to exceed
$2,800. The estimated distribution of effort is outlined in the exhibit below.
Principal Senior Project Total Hours and
Associate Associate Estimated Cost
2013 Hourly Rate 1 $250 115 75 Task
Task 6: Additional Budget for Memorandum Completion
Subtotal 0 8 2 10
1 70
Task 7: Presentation to city Council
Subtotal 2 10 0 12
0
1,65
Total Estimated Hours 2 18 2 22
Cost (Hours *Rate) $500 $2,070 $150 L $2 720
Subtotal Consultant Cost $2,720
Project Expenses @ - 3% of project budget $80
Estimated Pro ect Total $2,800
BERK & Associates Contract Modification 3
Gorst Annexation Fiscal Analysis
Contract Number: 5207
Vendor: BERK & ASSOCIATES, INC
Subject: PSA Gorst Annexation Fiscal Analysis
Department: Finance
File Class: LEG 12 -1
Begin Date: 2/22/2013
End Date:
Review Date: 9/1/2015
Vault Date:
Comments:
CONTRACT MODIFICATION AGREEMENT NO. I
BETWEEN THE CITY OF BREMERTON AND
BERK & Associates, Inc.
PROJECT Gorst Annexation Fiscal Analysis
CONSULTANT BERK & Associates, Inc.
DATE _ April 10, 2014
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
AGREEMENT (the "Contract ") entered into between the City of Brem and BERK &
Associates, Inc. on February 22, 2013 and as modified on
All provisions in the Contract shall remain in full force and effect except as expressly modified by this
document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as
follows:
I.
Section 1. Scope; is modified as follows: See Amended Scope of Work attached as Exhibit A.
Section III. Compensation; is modified as follows: The original contract amount was an amount not
to exceed Fifteen Thousand Dollars ($15,000.00). The City shall pay the Consultant for the additional
work described above an amount not to exceed Two Thousand Eight Hundred Dollars ($2,800.00) for
a total amended contract amount of Seventeen Thousand Eight Hundred Dollars ($17,800.00),
including this Contract Modification.
H.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final settlement of
all of the Consultant's claims for contract time and for all costs of any kind, including without
limitation, costs of delays related to any work either covered or affected by this Contract
Modification, claims related to on -site or home office overhead, or lost profits. This Contract
Modification does not limit the City's right to bring a claim for past performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes, if
any, in the contract price specified for each item, including any and all supervision costs and other
miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any,
for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that this Contract Modification shall be effective when approved by the City of
Bremerton.
BERK & Associates Contract Modification 1
Gorst Annexation Fiscal Analysis
The parties whose names appear below warrant that they are authorized to enter into a contract
modification that is binding on the parties of this contract. In addition, Consultant warrants that
it has or will inform the surety of this change, and shall take appropriate action to modify any
bonds required under the contract to address this change.
BERK & ASSOCIATES, INC. THE CITY OF BREMERTON
s
By 1(. Q By Pa t
Its ' V1VLu rMl Its Mav
DATE: `C' `f DATE: 4 Ifo
APPROVED AS TO RM: ATTEST:
n—
Bremerton City ey City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
BERK & Associates, Inc. Andrea Spencer
2025 First Avenue, Suite 800 Director of Community Development
Seattle, WA 98121 City of Bremerton
345 6 Street, Suite 600
Bremerton, WA 98337
BERK & Associates Contract Modification 2
Gorst Annexation Fiscal Analysis
EXHIBIT A - CONTRACT MODIFICATION
BERK & ASSOCIATES
GORST ANNEXATION FISCAL ANALYSIS
April 2014 Contract Amendment
This section outlines a contract amendment that would provide additional budget to support BERK in
completing the following work on this project:
Complete the Final Technical Memorandum. This contract amendment would provide additional
budget for BERK to incorporate the City's comments on the Draft Technical Memorandum into a
Final Technical Memorandum. The original budget for the technical memorandum was exhausted
due to higher -than- expected level of effort around capital cost estimates with the City and the
County, as well as an extended timeline for document completion.
Attend and Present at a Bremerton City Council Meeting. The contract amendment would provide
budget for BERK to attend a Bremerton City Council meeting and present the findings of the
analysis. This effort was not part of the original scope. This budget would provide resources for
BERK to prepare a presentation, as well as travel to and attend a council meeting.
The following table summarizes the requested budget increase in order to complete the above tasks. All
work will be billed on a time and materials basis with the total budget for this amendment not to exceed
$2,800. The estimated distribution of effort is outlined in the exhibit below.
Principal Senior Project Total Hours and
Associate Associate Estimated Cost
2013 Hourly Rate $250 $115 $75 by Task
Task 6: Additional Budget for Memorandum Completion
Subtotal 0 8 2 10
$1,070
Task 7: Presentation to City Council
Subtotal 2 10 0 12
$1,650
Total Estimated Hours 2 18 2 22
Cost (Hours *Rate) $500 $2,070 $150 L $2
Subtotal Consultant Cost $2,720
Project Expenses @ - 3% of project budget $80
Estimated Project Total $2,800
BERK & Associates Contract Modification 3
Gorst Annexation Fiscal Analysis
Contract Number 5207
Vendor BERK & ASSOCIATES, INC
Sub�ect PSA Gorst Annexation Fiscal Analysis
Department Finance
File Class LEG 12-1
Begin Date 2/22/2013
End Date.
Review Date:
Vault Date•
Comments
PROFESSIONAL SERVICES AGREEMENT
GOItST ANNEXATION FISCAL ANALYSIS
BERK & Associates, Imc.
The City of Bremerton ("Crty") and BERK & Associates, Inc ("Consultant"), referred to
collectively as the "Parhes," enter mto the following Agreement for professional services
I. Scope: The Consultant agrees to perform the services more specifically descnbed m the
Scope of Work, attached hereto as E�ibit A, which is mcorporated by reference herem The
Scope of Work may be modified only pursuant to Section VII G of this Agreement If the Scope
of Work provides for unspecified addrtional services such services shall only be performed upon
the express written request of the Criy Consultant further represents that the services furnished
under this Agreement will be performed m accordance wrth generally accepted professional
practices m effect at the time such services aze performed
II. Term: The City and the Consultant agree that work will begin on the tasks described m
Exhibit A immediately upon execuhon of this Agreement The parties agree that the work
descnbed m Exhibit A is to be completed as provided for m the work schedule attached hereto as
Exhibit B, provided however, that additional time shall be granted by the Crty for excusable
delays or extra work as provided for m Section IX A of this agreement
III. Compensation: In consideration of the services provided pursuant to tlus Agreement, the
City shall pay Consultant m an amount not to exceed $15,000 Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exlubrt C and incorporated herem by this
reference
The Consultant shall submrt regular billmg statements detailmg work performed and
amount charged on each task or portion thereof The descriptions shall conform to and fall
withm the categones set out m the Scope of Work and/or Fee Schedule Upon receipt of a
conformmg billmg statement, the Crty shall promptly process payment PROVIDED,
HOWEVER, the City reserves the right to pnontize scoped work and accelerate and/or delay
work tasks under the time frame set forth m Section II herem The Consultant's labor rates and
bilhng fees shall be as delmeated m Exhibrt C
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to tlus
Agreement Consultant shall only be compensated for additional services if requested pursuant
to Sechon I and, if not otherwise provided, such compensahon shall be m accordance with
Exlubrt C
If a billmg statement does not conform to this Agreement, the City may wrthhold
payment until the statement is brought mto compliance Such wrthholding does not relieve
Consultant of its obligahons under this Agreement
Bremerton/BERK
Gorst Annexahon Fiscal Analysis
Page 1 of 12
IV. Relationship of Parties: Consultant represents that rt is slcilled in the matters addressed
m the Scope of Work and is performmg mdependent funchons and responsibilities wrtlun rts
field of expertise Consultant and rts personnel are independent Consultants and not employees
of the City Consultant and its personnel have no authonty to bind the Crty or to control the
City's employees and other Consultants None of the benefits provided by the City to its
employees, mcludmg, but not limrted to, compensation, msurance, and unemployment msurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants durmg the performance of
this Agreement. The Crty may, dunng the term of tlus Agreement, engage other mdependent
Consultants to perform the same or similaz work
As an independent Consultant, Consultant is responsible for rts own management The
Crty's admmistration and enforcement of tlus Agreement shall not be deemed an exercise of
managenal control over Consultant or its personnel
As an mdependent Consultant, Consultant is responsible for payment of all taxes and
licensmg fees necessary to perform its obligations under tlus Agreement These taxes and fees
mclude but are not limited to State mdustnal msurance, Busmess & Occupation, State
professional licensmg, and Crty busmess licensing If any taxes or fees due the City have been
declazed delmquent, the City may withhold the delmquent amount, plus any addrtional chazges
arismg from the delmquency, from any payments due Consultant
V. Indemnification:
A Consultant shall defend, mdemYUfy and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and a11 claims, m�unes, damages, losses or
surts, mcludmg all legal costs and attorney fees, ansing out of or m connection wrth Consultant's
performance of tlus Agreement, unless Consultant is conducting work pursuant to Subsection B
below
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemmfication
B Archrtects, En�meers and Any Other Professional Listed In and Performing
Services Defined in RCW 42 24 115 Should a court of competent �urisdiction determine that
Consultant's services provided pursuant to this Agreement is sub�ect to RCW 4 24 115, then, m
the event of liabilrty for damages arising out of bodily m�ury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the Crty, rts officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder sha11 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
WANER OF IMMUNITY UNDER 1NDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
Bremerton/BERK
Gorst Annexation Fiscal Analvsis
Page 2 of 12
FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER
The provisions of this section shall survive the expiration or termmation of tlus Agreement
VI. Insurance: The Consultant shall procure and mamtam for the duration of the Agreement,
msurance agamst claims for m�uries to persons or damage to property wluch may anse from or m
connection wrth the performance of the work hereunder by the Consultant, rts agents,
representatives, employees, sub-consultants or sub-Consultants
Before begimm�g work on the proJect described m this Agreement, the Consultant shall
provide a Certificate of Insurance evidencmg
1. Automobile Liabilitv msurance with limrts no less than $1,000,000 combmed single
limit per accident for bodily m�ury and property damage, and
2. Commercial General Liabilitv msurance written on an occurrence basis with limrts no
less than $1,000,000 combmed smgle limit per occurrence and general aggregate for
personal m�ury, bodily in�ury and property damage Coverage shall mclude but not be
limrted to blanket contractual, products/completed operations/broad form property
damage, explosion, collapse and underground (XCU) if applicable, and employer's
liabihty, and
3. Excess Liabilitv msurance wrth limits not less than 1,000,000 limit per occurrence and
aggregate
4. Professional Liabalitv msurance wrth limits no less than $1,000,000 limit per
occurrence/claim
Any payment of deductible or self msured retention shall be the sole responsibilrty of the
Consultant
All required policies shall be provided on an"occurrence" basis except professional
liability msurance (if required), wluch may be provided on a"claims-made" basis
The City shall be named as an addrtional insured on the Commercial General Liability
msurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the Crty, which names the City as an addrtional msured shall be
attached to the Certificate of Insurance The Crty reserves the nght to receive a certified copy of
all the required msurance policies and endorsements The City further reserves the nght to re�ect
any unacceptable policies and/or endorsements
The Consultant's Commercial General Liabilrty msurance shall contam a clause stahng
that coverage shall apply separately to each msured agamst whom claim is made or swt is
brought, except with respects to the limits of the msurer's liability
The Consultant's msurance shall be pnmary insurance as respects the City and it shall be
an affirmative obligation upon Consultant to advise the Crty's Risk Manager by fax at (360) 473-
5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management,
BremertonBERK
Gorst Annexahon Fiscal Analvsis
Page 3 of 12
345 6�' Street, Surte 600, Bremerton, WA 98337 wrthin two days of the cancellation, suspension
or substanhve change of any msurance policy set out herem, and failure to do so shall be
construed to be a breach of tlus Agreement
The City also reserves rts unqualified nght to require at any time and for any reason,
proof of coverage m the form of a duplicate of the insurance policy wrth all endorsements as
evidence of coverage
VII. General Conditions:
A Reports and Information When requested by the Crty, Consultant shall furnish
penodic reports and documents on matters covered by tlus Agreement The reports and
documents shall be furnished in the time and form requested Consultant shall mamtvn
accountmg records m accordance with Generally Accepted Accountmg Pnnciples (GAAP) to
substanhate all billed amounts
B Ownership and Use of Records and Documents Ongmal documents, drawings,
designs and reports, mcludmg those m electronic format, developed under this Agreement are the
property of the City All written informahon submitted by the City to the Consultant m
connection with the services performed by the Consultant under tlus Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguazds like
mformation relatmg to rts own busmess If such mformation is publicly available or is already m
Consultant's possession or known to it, or is nghtfully obtamed by the Consultant from tlurd
parhes, Consultant shall bear no responsibilrty for its disclosure, madvertent or otherwise
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office m Seattle, Washmgton Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable hmes for the purpose of edrtmg,
modifymg and updatmg as necessary until such time as the City is capable of stonng such
information m the City's offices Duplicate copies of tlus information shall be provided to the
City upon its request, and at reasonable cost
All documents, including all reports, drawings, specifications, computer software or other
rtems prepared or furnished by Consultant pursuant to this Agreement, are mstruments of service
wrth respect to the pro�ect and are the property of the City Any reuse by the Crty for other than
the specific purpose mtended will be at City's sole nsk
C Work Performed at Consultant's Risk• Consultant shall take all precautions
necessary and shall be responsible for the safety of rts employees, agents, and sub-consultants m
the performance of the work hereunder and sha11 utilize all protection necessary for that purpose
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to matenals, tools, or other articles used or held for use in connechon with the
work
D Place of Work The Consultant sha11 perform the work authonzed under this
Agreement at its offices m Seattle, Washington Meetmgs wrth the Crty staff as described m
BremertonBERK
Gorst Annexation Fiscal Anal.�sis
Page 4 of 12
Exlubit A, Scope of Work, shall take place at the Crty's offices, or at locations mutually agreed
upon by the parties
E Entire Agreement Tlus Agreement and its Exhibrts conshtutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth m the text of this Agreement
F Severabilrtv Should any part of tlus Agreement be found void, the balance of the
Agreement shall remam m full force and effect
G Modification This Agreement may only be modified by written instrument signed
by both Parties
H Wntten Notices All commumcations regardmg th�s Agreement shall be sent
to the parties at the addresses listed below by registered or 1 st class mail, or by personal service,
and shall be deemed sufficiently given if sent to the addressee at the address stated m this
Agreement or such other address as may be hereafter specified in wrrting
City Address
City of Bremerton
Consultant Address
BERK & Associates, Inc
345 6�' Street, Surte 600
Bremerton, WA 98337
2025 First Avenue, Suite 800
Seattle, WA 98121
I Waiver Failure to enforce any provision of tlus Agreement shall not be deemed a
waiver of that provision Waiver of any r�ght or power arismg out of tlus Agreement shall not be
deemed waiver of any other right or power
J Non-Waiver of Breach The failure of the Crty to msist upon strict performance of any
of the covenants and agreements contamed herem, or to exercise any ophon herem conferred in
one or more mstances shall not be construed to be a waiver or relmquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect
K Compliance with Laws Consultant shall comply with all applicable Federal, State,
and local laws m performmg its obligations under this Agreement
L Choice of Law and Venue This Agreement shall be interpreted according to the laws
of the State of Washmgton Any Judicial action to resolve disputes arismg out of tlus Agreement
shall be brought m Krtsap County Superior Court
M Attornevs' Fees In the event of litigation to enforce any of the terms or provisions
herem, each party shall pay all its own costs and attorney's fees
N Assignment. Any assignment of this agreement by the Contractor without the wntten
consent of the Crty shall be void
Bremerton/BERK
Gorst Annexation Fiscal Analvsis
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VIII. Nondiscrimination: Consultant shall not discruninate m employment or services to the
public on the basis of race, color, national ongm, sex, religion, age, marital status, disabilrty, or
sexual onentation except for employrnent actions based on bona fide occupahonal qualification
IX. Termination: Tlus Agreement shall remain in force until completion and acceptance of
the services, termmated by wntten mstrument upon mutual consent, or by the City of Bremerton
for converuence This Agreement may be immediately termmated for cause by a Party if the
other Party substantially fails to perform through no fault of the termmatmg Party, and the non-
performmg Party does not commence correction of the failure of performance wrthm tlurty (30)
days of the termmahng Party's sending notice to the non-performmg Party Any Nohce by
Consultant shall include a report showing the status of all rtems listed m the Scope of Work
current through the termmation date
If the Crty receives reimbursement by any federal, state, or other source for work descnbed in
Section I herein, and that fundmg is wrthdrawn, reduced or limrted m any way, or the pro�ect is
cancelled or substantially reduced after the execution date of tlus Agreement and pnor to the
completion of the work, the Crty may summarily terminate tlus Agreement
A Excusable Delays The nght of Consultant to proceed shall not be termmated nor shall
Consultant be charged wrth liquidated damages for any delays m the completion of the work due
to 1) any acts of the federal government m controlling, restnctmg, or requisitiorung matenals,
equipment, tools, or labor by reason of war, national defense, or other national emergency, 2)
any acts of the Crty, rts consultants, or other public agencies causmg such delay, and 3) causes
not reasonably foreseeable by the parties at the hme of the execution of the Agreement that are
beyond the control and wrthout the fault or negligence of the Consultant, mcludmg, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual seventy PROVIDED,
HOWEVER, that the Consultant must promptly notify the City wrtlun ten (10) calendar days in
wrrtmg of the cause of the delay If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writmg, extend the time for completmg the
work for a period of time commensurate with the penod of excusable delay
B Ri ts Upon Termination In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City After termmahon, the Crty may take possession of all records and
data witlun the Consultant's possession pertairung to this pro�ect wluch may be used by the City
without restriction Any such use not related to the pro�ect wluch Consultant was contracted to
perform shall be wrthout liabilrty or legal exposure to the Consultant
X. Suspension & Debarment For contracts mvolving Federal fundmg, Consultant hereby
certifies, by sigmng this agreement, that nerther it nor rts pnncipals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntanly excluded from
participation m this transaction by any Federal department or agency Consultant shall provide
immediate written notice to the Crty if at any time it learns that it is or has become mehgible for
certification Should Consultant enter mto a covered transachon with another firm, Consultant
BremertonBERK
Gorst Annexahon Fiscal Analysis
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agrees by sigmng this agreement that rt will venfy that the firm with whom rt mtends to do
busmess is not debarred, suspended, ineligible, excluded or disqualified
CITY OF BREMERTON
� /
By Pa ent
its Ma or
Date � �-a, � /3
CONSULTANT
4
B y �. f� �
1ts r ��. �; �
Date z-1�—�3
Approved as to form
�
Breme on City Attorney
Bremerton/BERK
e L r,
Crty Clerk
Gorst Annexation Fiscal Analvsis
Page 7 of 12
EXHIBIT A
The Crty of Bremerton is considenng annexation of the Gorst Urban Growth Area (LJGA) and
has requested consultant assistance m assessmg the fiscal implications of such an annexahon
This memorandum outlmes an approach to the analysis of fiscal impacts of annexation and
mcludes a cost estimate by task BERK has conducted numerous annexation and mcorporation
studies for crties and counties throughout Washmgton and are confident that we can provide
efficient and valuable analysis to assist decision-makers considenng annexation and other
governance changes In addihon, our recent work on the Krtsap County UGA Remand process m
2012 and the Gorst Subarea Plan will provide valuable mputs for the analysis and allow us to
leverage this work to complete an annexation analysis efficiently and effectively
Approach
For this study, BERK's efforts will be focused on the current mcremental impacts of annexation
and the sigmficant fiscal impacts of annexahon that will be realized over the long-term These
two ma,�n elements mclude
Reviewmg, analyzmg, and modelmg the Crty's current fiscal srtuation and analyzmg the
mcremental impact annexation will likely have on Crty revenues, costs, and staffing
Assessing longer-term fiscal issues and caprtal improvement needs related to the annexahon of
the Gorst UGA m a more qualitative way, with the intention of identifymg long-term nsks,
opportuxuties, and uncertamties the City of Bremerton will need to consider
The study will be divided mto five different tasks, wluch aze outlmed below
Task 1: Data Gathering and Land Base Analysis
Data Gathering
In Task 2, BERK will build a workmg model of the City's cost and revenue structure This
model and analysis will be based on current data and a solid understandmg of the City's fiscal
situation, includmg existmg staff, revenues, and costs BERK will gather this mformation
through discussions wrth City department directors and a detailed analysis of the Crty's budget
and actual financial data BERK will work with department directors to determme underl}nng
drivers for changes m staffing for each staff position The model's staffing component will be
structured based on these drivers
Land Base Analysis
Revenues and costs aze driven by the current distribution of land uses and development m the
City and the Gorst UGA This study will include an analysis of current land use m the City and
the UGA and creation of reasonable development assumptions to understand longer-term
impacts BERK will leverage land capacrty analysis work as part of the Gorst Subarea Plan to
inform the land base analysis
BremertonBERK
Gorst Annexation Fiscal Analysis
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Task 2: Analyze Annezation Fiscal Impacts
Task 2 will analyze the fiscal impacts of annexation on the City of Bremerton Specifically, the
analysis will evaluate impacts for the followmg urban services
Fire Service
Police Service
Emergency Medical Service
Transportation
Utilrties, mcludmg power and telecommumcations, wluch mcludes broadband where available
Stormwater
Potable water
Sewer
Solid Waste
Pazk and Recreation Facilrties
Schools
Model Building and Fiscal Impact Analysis
BERK will use our firm's propnetary mwucipal fiscal model to analyze the Crty of Bremerton's
current operatmg fiscal structure and the potential fiscal impact of annexahon This model will
estimate operatmg costs and revenues associated wrth a potential Gorst UGA annexation, to
provide a complete picture of the true mcremental impacts of annexation The advantage of tlus
type of model is that it uses factors m the land base (such as population, employment,
commercial achvity, and levels of developmentJredevelopment) to drrve both demand for
services and the tax base
Upon completmg a draft build of the model, we will schedule a meehng wrth key City staff to
walk through the model, examme prelimmary findmgs, and discuss and refine key assumptions
and relationships The goal will be to get City staff confident that the model describes current
Crty operations and likely annexahon impacts in a way that fits with the reality they know
Once the fiscal model and assumptions are finalized, BERK will develop a series of mdicators
(e g costs and revenue per capita) to demonstrate how the Gorst UGA compares to the Crty of
Bremerton as a whole and how servmg the area would impact the City fiscally Tlus surte of
mdicators and comparisons will be incorporated m the final techrucal memo to assist decision-
makers m understandmg the fiscal impacts of annexahon
Task 3: Assess Capital Needs
Tlus task will involve a review of caprtal mfrastructure needs developed for the Krtsap County
UGA Remand process in 2012 as well as the Gorst Subazea Plan and evaluation of any
annexation implications that may not have been considered. BERK will work wrth the Crty to
review capital needs, and will identify areas of concern or ad�ustments that may be necessary
under an annexation scenario
BremertonBERK
Gorst Annexation Fiscal Analysis
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Task 4: Assess Long-Term Fiscal Issues of Annexation
In addihon to analyzmg the fiscal impacts of annexation today, BERK will identify long-term
revenue, cost, and service provision issues that would impact the Crty's fiscal posrtion in the
future The assessment will factor m the Crty's current level-of-service standards, and estimate
future needs and associated costs The assessment will also incorporate findmgs from the capital
needs assessment
The assessment will look at the development potenhal under the three land use alternahves
developed as part of the Gorst Subarea Plan Development potential mcludes the number and
type of additional housmg umts and commercial buildmg square feet studied under the three
alternatives The assessment will consider how costs may grow m the future relative to future
revenue under different development scenarios
The analysis of long-term implicahons will not mclude detailed fiscal pro�echons and quantified
impacts The findmgs will mstead be an identification of future risks and opportumties for the
ma�or public services from both operational and capital needs perspectives
Upon completing these analyses, we will schedule a meetmg with key City staff to walk through
prelimmary findmgs, and discuss and refine key assumptions and relationships
Task 5: Draft and Final Technical Memorandum
Upon conclusion of the analysis, BERK will develop a draft and final summary of findmgs This
techmcal memorandum will briefly discuss the methods and approach, but it will focus primanly
on key findmgs to support policy discussions
BremertonBERK
Gorst Annexation Fiscal Analysis
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EXHIBIT B
Schedule
The schedule for the annexation analysis should be coordmated wrth work being completed for
the Gorst Subarea Plan, which vv�ll provide several of the mputs for the analysis BERK staff are
available and able to begin analysis immediately once data and mputs are made available
BremertonBERK
Gorst Annexation Fiscal Anal,�
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EXHIBIT C
Budget
This pro�ect will be billed on a time and matenals basis with the total budget for this scope of
work not to exceed $15,000 The estimated distnbution of effort is outlmed m the exlubrt below
Manager Semor Assoaate Total Hours and
Associate Estimated Cost
Task 1 Data Gathering and land Use Analysis
Subtotal
2 0 20 22
$2,620
Task 2 Analyze Annexation Fisral Impacts
Subtotal
Task 3 Assess Capnal Needs
Subtotai
Task 4 Assess Long-term F�scal Issues of Annexation
Subtotal
Task 5 Draft and Pmal Technical Memorandum
Subtotal
Totai Estimated Hours
Cost(Hours'Rate)
2 7 45 54
$6,475
2 2 5 9
$1,175
2 5 10 17
$2,170
2 0 15 17
$2,045
30 14 95 119
$1,600 $1,960 $10,925 $14,485
Subtotal Conwltant Cost $14,485
Pro�ect Expenses @ "'3%of pro�ed budget $515
Estimated Pro ect Total $15 000
BremertonBERK
Gorst Annexation Fiscal Analvsis
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