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HomeMy WebLinkAboutCommunity ReCode - Sign Code ProjectPROFESSIONAL SERVICES AGREEMENT Sign Code Revisions for Reed v. Town of Gilbert Compliance and General Cleanup THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and Community ReCode LLC, a Colorado limited liability corporation, hereinafter referred to as "Consultant." RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on October 2019, and promptly be completed before March 30, 2021. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 1 of 19 issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ❑ Hourly (Single Rate): $ per hour plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ without prior written authorization by the City; or X Hourly (Multiple Rate): Such rates as identified on Exhibit "A" , plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ 55,836.00 without the prior written authorization by the City; or Fixed Sum: A total of; or ❑ Other: 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 2 of 19 necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Joint Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the joint property of the City and the Consultant, including copyright as secured thereon. Consultant makes no warranties in regards to the suitability of its work product for any other application and use by the City, and no subsequent user may rely upon the work product for their intended purpose. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. In the event the work product is requested by third parties, or by a Public Records Act request for copying or inspection, notice shall be provided to the other party as provided in Section 6.3 below. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 3 of 19 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws to the extent that they apply to the Consultant, including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 4 of 19 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 8.2 The City shall defend, indemnify, and hold harmless the Consultant, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the City or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Consultant, its officers, employees, agents and volunteers. 8.3 It is further agreed that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, if applicable, solely for the purposes of this indemnification. 8.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 9. 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, its agents, representatives, employees, or subcontractors. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 5 of 19 9.1.1 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. 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington, if required by law. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ® $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 9.2.3 Professional Liability insurance shall be written with limits no less than: ® $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 9.3.1 The Consultant's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 6 of 19 9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall 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. 9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M. Best rating of not less than A:VII. 9.5 Verification of Covera e. 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. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Ap_ainst Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontractin . 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 7 of 19 Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in ibis Agreement shall be sent by one of the following methods: 14.2.1 Personal service upon the Project Administrators. 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Rick White, or his designee Director, Community and Economic Development, City of Pasco 525 North 3`d Avenue Pasco, WA 99301 white as asco-wa. rov Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 8 of 19 14.3.2 For the Consultant: Elizabeth Garvin Founding Principal Community ReCode LLC 387 Corona St., Suite 714 Denver, CO 80218 egarvin@communityrecode.com 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 9 of 19 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF PASCO, WASHINGTON Dave Zabe eager ATTEST: Debra Barham, City Clerk APPROVED AS TO FORM: Ke rguson Law, PLLC, City Attorney CONSULTANT n Elizabeth Garvin, Founding Principal Community ReCode LLC Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 10 of 19 Pasco Sign Code Update Phase 'I Scope of Work: Reed Compliance and General Code Clean -Up Task 1: Initial Review and Preliminary Draft 1.1 Initial Review We will start the project by reviewing the current sign regulations, gathering information about the City's sign review process, asking questions about the treatment of abandoned and nonconforming signs, reviewing any information the City has collected about variance requests and code interpretations or clarifications related to signs, and checking for any recent state and federal case law related to Reed v. Town of Gilbert. We will also have a preliminary discussion with the City's legal counsel regarding key aspects of their interpretation of Reed. The goal of this conversation will be to ensure that either the revised sign code complies with their understanding of the case, or where the consultant suggests a different approach, we prepare a legal explanation to support that approach that we can discuss further during the staff review phase. We also recommend that the City establish a sign code update advisory committee tasked with reviewing drafts and advising staff about the overall content of the sign code. 1.2 Staff Draft Annotated Outline Following our conversation with staff and legal counsel about the content and use of the current sign regulations and preliminary meeting with the advisory committee, we will prepare an annotated outline of the updated and reorganized sign code for staff review and discussion. We anticipate that the annotated outline will identify how we will address the following topics: 1. Overhaul the current purpose statements to more fully describe the policy and legal purposes of the sign code; 2. Add proposed findings in support of the policy statements and specifying those aspects of sign content that the City is legally permitted to regulate; 3. Add message substitution and severability clauses; 4. Rename or reconceptualize content -based sign types into content -neutral sign types; 5. Review and update all of the definitions to reflect the new sign types and remove any additional content -based regulations included in the definitions; 6. Add provisions addressing art and murals; 7. Relocate the exempt and prohibited signs to the front of the code for ease of reader use; updating both for content -neutrality and clarity; 8. Propose a new section on measurements and calculations to standardize both the City's and applicant's understanding of these issues; 9. Establish a new section for generally applicable standards for permanent signs, organized by sign type in the categories of attached, freestanding, and electronic; 10. Reorganize the Sign Allowance Table for content -neutrality and clarity; 11. Revise the temporary and special event sign section, converting all temporary sign types to a content -neutral designation and updating standards as necessary: Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 11 of 19 12. Review and update the off -premise sign standards for content -neutrality, continued validity, and to relocate special event signage to the temporary and special event sign section; 13. If necessary and based on preliminary discussions with staff, update the nonconforming sign provisions; 14. Collect installation and inspection provisions in one section and update as needed; 15. Establish a maintenance section with clear instructions about damaged and abandoned signs; 16. Review and update the violation and enforcement provisions; and 17. Review and update the sign variance and appeal procedures. We will share the annotated outline with staff for a two-week review period and then schedule a conference call to discuss the draft, identify changes and edits, and work through specific staff concerns prior to preparing the preliminary draft. Following the staff editing conversation, we will distribute a revised version of the annotated outline to staff and the project advisory committee. Staff will organize a meeting with the advisory committee to walk through the outline, gather any feedback that committee members have, and discuss the drafting phase of the project. Task 2; Preliminary Draft Staff Review 2.1 Prepare and Review Preliminary Draft We will create a preliminary draft of the updated sign code based on the annotate outline and staff comments. We will share the preliminary draft with Pasco staff and project advisory committee members for about 3-4 weeks of internal review before moving on with discussion about the draft. During this time, we ask staff to coordinate and consolidate their internal comments to the greatest extent possible in order to make internal determinations about editing direction and priorities. Staff may also decide to convene a meeting of the advisory committee during this review time to gather the committee's initial comments. 2.2 Preliminary Draft Discussion When staff has had enough time to read, digest, and discuss the preliminary draft, we will schedule two or three consecutive half-day meetings with the consultant on-site to discuss the draft. The purpose of these meetings will be to work through the content of the draft and discuss whether the proposed approach works for the City, identify alternative approaches where needed, and consider corrections or revisions that could also be made at this point in drafting to better reflect how the City actually uses the sign code. During our first day on-site with staff, we will also hold a two-hour meeting with the advisory committee to gather their feedback and answer questions about the preliminary draft. We will then summarize the advisory committee comments and concerns and include them in the staff discussion about the preliminary draft. At the end of each half-day staff meeting, the consultant will identify an action list for redrafting and, where possible, draft or outline revisions for staff consideration during the next day's meeting. For example, if staff decides that it would be beneficial to create a design waiver process that is less strict than the current variance process, the consultant will outline the key features of Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 12 of 19 the design waiver process for immediate distribution and discussion. The goal of this task is to gather as much detailed feedback about the draft and potential revisions as possible while everybody is in the same room and focused on the draft. At the end of the preliminary draft discussions we will have a complete list of revisions that are needed to move to the next phase of drafting. Task 3: Revised Draft Preparation and Review 3.1 Sign Code Redraft Working from the revisions list created during Task 2, the consultant will prepare a second draft of the updated sign code. We will circulate the completed revisions to Pasco staff and the advisory committee for review. The timeframe for this review typically depends on how extensive the revisions were between the first and second drafts, somewhere between 2 and 4 weeks. We again ask staff to coordinate and consolidate their comments to the greatest extent possible in order to make internal determinations about editing direction and priorities. 3.2 Revised Draft Discussion Following the internal review of the revised draft sign code, we will discuss with the City's project manager how best to handle the second -round draft discussions. We can either do a second set of meetings on-site, or we can schedule a discussion via video conference, depending on the City's preference. We will again use this time to gather advisory committee feedback and take a deep dive into the City's comments about the draft and identify additions, corrections, and deletions. Based on these comments, we will prepare a public review version of the draft sign code. 3.3 Additional Revised Draft At Pasco's discretion, we can prepare a third draft of the sign code prior to release for public comment. Task 4: Adoption 4.1 Present Updated Sign Code Following completion of the public review draft, we will work with the City's project manager to determine the level and type of consultant support required for code adoption. We anticipate preparing a summary memo and PowerPoint presentation describing the changes to the sign code as well as attending one meeting with the planning commission and one meeting with the city council to present the updated sign code. 4.2 Additional Revised Draft We anticipate making edits to the public review draft of the sign code to reflect changes identified through the adoption process. If the city council indicates that they would like to significantly change direction for more significant themes or sections of the draft sign code, we can add this task to accommodate that request. Professional Ser -rices Agreement — Community ReCode Development Review and Sign Code Projects Page 13 of 19 PHASE 1 PROPOSED SCHEDULE We anticipate this phase of the project will take approximately eight months to complete, as follows: Task 1 2 3 4 5 6 7 8 T1: Preliminary Draft 1.1 Initial Review 1.2 Annotated Outline •�• T2: Staff Review E 2.1 Draft and Internal Review 2.2 Discussion T3: Revised Draft 3.1 Redraft 3.2 Discussion 3.3 Additional Draft (schedule change) tbd T4: Adoption 1 4.1 Sign Code Presentation 4.2 Additional Draft (schedule change) I tbd PHASE 1 PROPOSED BUDGET We propose the following budget to complete Phase 1 of the project. This fee is subject to further discussion and refinement of the scope with the city. Task Hms Fee Expenses Total T1: Preliminary Draft 150/hour 1.1 Initial Review 30 $ 4,500.00 1.2 Annotated Outline 40 $ 6,000.00 T2: Staff Review 2.1 Draft and Internal Review 60 $ 9,000.00 2.2 Discussion w/3 day trip 24 $ 3,600.00 $ 1,120.00 T3: Devised Draft 3.1 Redraft 40 $ 6,000.00 3.2 Discussion w/3 day trip 24 $ 3,600.00 $ 1,120.00 .3.3 Additional Draft (schedule change) 40 $ 6,000.00 T4: Adoption 4.1 Sign Code Presentation w/two 1 day trips 48 $ 7,200.00 $ 1,350.00 4.2 Additional Draft (schedule change) 40 $ 6,000.00 Without Optional Sub -tasks 266 $ 39,900.00 1 $ 3,590.00 $ 43,490.00 With Optional Sub -tasks 346 $ 51,900.00 1 $ 3,590.00 $ 55,836.00 Professional Services Apieement — Community ReCode Development Review and Sign Code Projects Page 14 of 19 Phase 2: Area -Specific Sign Regulations The Pasco Sign Code Update Phase 2 will start following the city council's adoption of the updated base sign code described in Phase 1. The goal of Phase 2 will be to tailor the updated sign code more closely to the city's zone districts and specifically to three geographic areas ("sign overlay districts"): Downtown, Midtown, and Broadmoor/Road 68. We will undertake Phase 2 through the following tasks. TASK 1: ASSESSMENT OF CURRENT SIGN CONDITIONS 1.1 Site Survey and Mapping Working with the Pasco project manager and staff, we will map each of the identified sign overlay districts and prepare a photographic survey of current signage within that area. We will also create an inventory of existing signs by type and status (conforming, nonconforming, illegal) and identify, generally, what would need to happen to make the nonconforming or illegal signs compliant with the code. 1.2 Staff Review and Discussion of Site Survey and Mapping While we are on-site preparing the site survey and mapping, we will hold two, 2 -hour meetings with staff to review the photographic survey and mapping as we progress to gather input and suggestions about the current signage and improvements that could be made to current or future signage through sign code revisions. 1.3 Advisory Committee Meetings We recommend continuing the advisory committee involvement through the second phase of the project. This can be in the form of the Phase 1 advisory committee or through separate advisory committees for each sign overlay district. We will meet with the advisory committee(s) during the assessment task to bring them up to speed about the project, gather their input about sign code changes, and share the project schedule and deliverables. TASK 2: ANNOTATED OUTLINE 2.1 Prepare Annotated Outline We will move from the assessment of current conditions to an annotated outline of the updated regulations. We anticipate that the annotated outline will address the following issues: 1. Sign allocation (or "budget") by zone district/sign overlay district: this includes identifying permitted and prohibited sign types; establishing or updating maximum permitted sign area as well as maximum individual sign area; and clarifying related standards such as permitted static illumination or use of electronic message centers (digital signs), setbacks, height, and projection from a building. 2. Legibility and safety of sign design in pedestrian and automobile environments. 3. Structural design and quality standards by zone district/sign overlay district. 4. Standards for historic signs and, if relevant, the preservation of ghost signs. 5. Billboards, if there are area specific issues still outstanding following Phase 1. Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 15 of 19 Similar to Phase 1, we will share the annotated outline with staff for a two-week review period and then schedule a conference call to discuss the draft, identify changes and edits, and work through specific staff concerns prior to preparing the preliminary draft. We will edit the outline based on this conversation and distribute the revised annotated outline to the advisory committee. 2.2 Advisory Committee Meetings/City Council Update We will hold a two-hour meeting with the advisory committee(s) (if there are multiple committees, we will schedule separate meetings) to provide an overview of the annotated outline and answer questions about both the content of the outline and anticipate content of the draft sign code updates. We will then summarize the advisory committee comments and concerns and include them in a project update presentation to the city council. The goal of the council update will be to ensure that council understands how the area -specific sign code edits are proceeding and allows them the opportunity to ask questions about the process. We can also add an evening public meeting to this task if the city wants to solicit input outside of the advisory committee(s). TASK 3: PHASE 2 DRAFTS We will use the same approach for creating the Phase 2 preliminary draft as we did for the Phase 1 preliminary draft. 3.1 Prepare and Review Preliminary Draft We will create a preliminary draft of area -specific sign code revisions on the annotate outline and feedback we received from the advisory committee and city council. We will share the preliminary draft with Pasco staff for about 3-4 weeks of internal review before moving on with discussion about the draft. During this time, we ask staff to coordinate and consolidate their comments to the greatest extent possible in order to make internal determinations about editing direction and priorities. 3.2 Preliminary Draft Discussion When staff has had enough time to read, digest, and discuss the preliminary draft, we will schedule two or three consecutive half-day meetings with the consultant on-site to discuss the draft. During these meetings, we will work through the content of the draft and discuss whether the proposed approach works for the City, identify alternative approaches where needed, and consider corrections or revisions that could also be made at this point in drafting to better reflect how the City actually uses the sign code. At the end of each half-day meeting, the consultant will identify an action list for redrafting and, where possible, draft or outline revisions for staff consideration during the next day's meeting. The goal of this task is to gather as much detailed feedback about the draft and potential revisions as possible while everybody is in the same room and focused on the draft. At the end of the preliminary draft discussions we will have a complete list of revisions that are needed to move to the next phase of drafting. 3.3 Phase 2 Redraft Working from the revisions list created during Task 3.2, the consultant will prepare a second draft of the area -specific sign code revisions. We will circulate the completed revisions to Pasco staff for review. The timeframe for this review typically depends on how extensive the revisions were between the first and second drafts, somewhere between 2 and 4 weeks. We again ask staff to Protcssional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 16 of 19 coordinate and consolidate their comments to the greatest extent possible in order to make internal determinations about editing direction and priorities. 3.4 Advisory Committee Meetings/City Council Update We will hold a two-hour meeting with the advisory committee(s) (if there are multiple committees, we will schedule separate meetings) to provide an overview of the Phase 2 draft and answer questions about the draft content. We will then summarize the advisory committee comments and concerns and include them in a project update presentation to the city council. The goal of the council update will be to ensure that council understands how the area -specific sign code edits are proceeding and allows them the opportunity to ask questions. We can also add an evening public meeting to this task. 3.5 Public Review Draft/Additional Revised Draft Following the advisory committee and city council meetings, we will discuss with the project manager the edits required to move to a public review draft. We anticipate making a number of edits across the draft based on the input from Task 3.4, but not doing another full round of staff review. At Pasco's discretion, we can prepare a third draft of the sign code prior to release for public comment. Task 4: Task 4: Adoption 4.1 Present Updated Sign Code Following completion of the public review draft, we will work with the City's project manager to determine the level and type of consultant support required for code adoption. We anticipate preparing a summary memo and PowerPoint presentation describing the Phase 2 changes to the sign code as well as attending one meeting with the planning commission and one meeting with the city council to present the updated sign code. 4.2 Additional Revised Draft We anticipate making edits to the Phase 2 public review draft of the sign code to reflect changes identified through the adoption process. If the city council indicates that they would like to significantly change direction for more significant themes or sections of the draft sign code, we can add this task to accommodate that request. Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 17 of 19 Phase 2 Proposed Schedule We anticipate that Phase 2 will take eight to ten months to complete as follows: Task 1 2 3 4 5 6 7 8 9 T1: Current Conditions I 1.1 Site Survey and Mapping 1.2 Staff Review 1.3 Advisory Committee Meetings T2: Annotated Outline 2.1 Prepare Annotated Outline ❖ I 2.2 Advisory Committee/City Council ' T3: Phase 2 Drafts j 3.1 Preliminary Draft 3.2 Discussion ••• 3.3 Redraft 3.4 Advisory Committee/City Council •�• 3.5 Public Review Draft 3.5 (alt.) Additional Draft Ftb T4: Adoption k I i 4.1 Sign Code Presentation 4.2 Additional Draft tbd Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 18 of 19 Phase 2 Proposed Budget We propose the following budget to complete P ' hase 2 of the project. This fee is subject to further discussion and refinement of the scope with the city. Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 19 of 19 Hours Fee Expense Total TI: Oxrerit ONxNons $150/hour 1.1 Site Survey and Mapping 40 $ 6,000.00 $ 1,360.00 1.2 Staff Review included 1.3 Advisory Committee Meetings included 72: Amotated Outline 2.1 Prepare Annotated Outline 30 $ : 4,500.00 2.2 Advisory Committee/City Council 16 $ : 2,400.00 735.00: T& Phase 2 Drafts F 3.1 Preliminary Draft 40 $ 6,000.0 0 3.2 Discussion w/3 day trip 24 $ 3,600.00. $ 1,120.00 , 3.3 Redraft 30 $ 4,500.00: 3.4 Advisory Committee/City Council 16 $ 2,400.00: $ 735.00 3.5 Public Review Draft 16 $ 2,400.00. 3.5 Additional Draft (schedule change) 40 $ 6,000.00; T4: Adoption 4.1 Sign Code Presentation w/two 1 day trips 48 $ 7,200.00. 1,350.00 4.2 Additional Draft (schedule change) Total Without Optional Sub -tasks 40 260 $ $ 6,000.00: 39,000.00 $ 5,300.00 $ 44,300.00 With Optional Sub -tasks 340 $ 51,000.00 $ 5,300.00 $ 56,300.00 Professional Services Agreement — Community ReCode Development Review and Sign Code Projects Page 19 of 19