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RES 87-08 COMPREHENSIVE PLAN & ZONING RESOLUTION NO. 87-08 A RESOLUTION APPROVING A CONTRACT WITH MAKERS FOR MODIFICATIONS TO THE WINSLOW COMPREHENSIVE PLAN AND ZONING ORDINANCE WHEREAS, the City Council of the City of Winslow, Washington, feels it is in the best interest of providing for the health, safety, and welfare of the citizens of Winslow to enter into an agreement with MAKERS to address modifications to the City of Winslow zoning ordinance provisions for commercial zones and the City of Winslow Comprehensive Plan commercial land use activity policies; and WHEREAS, the laws of the State of Washington allow such agreements; NOW, THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: The proposed agreement (Exhibit A & B attached hereto) for developing modifications to the Winslow Comprehensive Plan and Zoning Ordinance by MAKERS is hereby approved. PASSED BY THE COUNCIL of the City of Winslow, Washington, this day of February, 1987. ALICE B. TAWR~SEY ~ MAYOR ATTEST: CLERK/TREASURER RESOLUTION NO. 87-08 EXHIBITS A & B EXHIBIT A: WINSLOW URBAN DESIGN PLAN CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES THIS AGREEMENT between the City of Winslow (the City) and MAKERS (the Contractor), WITNESSETH, that the parties agree as follows: Scope of Services. Scope of Services to be Performed by the Contractor, as defined in Exhibit B attached hereto. Time of Performance. The Contractor is to commence work upon receipt of written notice to proceed and shall complete the work required by this contract by July 29, 1987. Delays and Extension of Time. If the Contractor is delayed at any time in the progress of providing the services covered by the Agreement by any act or neglect of the City, or by any employees of the City, or by any separate contractor employed by the City, or by changes in the Scope of Work (Exhibit B) or by any causes beyond the Contractor's control, then the Time of Performance shall be extended by such time as shall be mutually agreed upon by the Contractor and the City, and shall be incorporated in written amendments to this Agreement. 4. Compensation The City will pay the Contractor for services provided hereunder as follows: Payment shall be made monthly. A short narrative progress report related to tasks identified in Exhibit B shall accompaoy each voucher. The Contractor shall be paid only for actual time and direct printing or reproduction charges. Total charges on this project shall not exceed $14,000 unless authorized for additional services as directed by the City. Reimbursable expenses include printing reproduction, computer printouts and express deliveries. Ownership. All reports, plans, specifications and data and documents produced in the performance of this work shall be the property of the City and delivered to the City upon completion of this contract. Changes. The City may, from time to time, require changes in the Scope of Services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractors, shall be incorporated in written amendments to this Agreement. Data to be Furnished to Contractor. All information, data, reports, records, and maps as are existing, available, and necessary for the carrying out of the work shall be furnished to the Contractor without charge by the City. 8. Personnel and Subconsultants The Contractor represents that he has, or will secure at his own expense, all personnel and subconsultants required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractural relationship with the City. All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. City Review/Approval. Upon submittal of any report or other information required by the scope of work, the City may, following review by the City, accept such work or reject it, or request such modification or additions as it deems appropriate. Payment for such work will not be made until the work is accepted by the City. 10. Access to Books/Records. The City may, at reasonable times, inspect the books and records of the Contractor relating to performance of this agreement. I1. 12. Indemnification. The Designer hereby agrees to save harmless and defend the City from all claims and liability due to the negligent acts, errors, or omissions of the Designer, its agents, and employees in performing the work required by this Agreement. The City shall not be obligated or liable to the Designer or to any other party for any claim whatsoever arising in connection with this Agreement except for negligence that is the fault of the City. The indemnification provided for in this section with respect to any negligent acts, errors or omissions during the term Agreement shall survive any termination or expiration of this Agreement. Compliance with Laws. The Contractor shall comply with all applicable federal, state and local laws in performing this contract. 13. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. 14. Termination If the Contractor breaches any of its obligations hereunder, and fails to cure the same within five days of written notice to do so, the City may terminate this contract, in which case the City shall pay the Contractor only for the costs of services accepted by the City in accord with the provisions of paragraph 3. The City may terminate this contract upon ten (10) days' written notice to the Contractor for any reason other than stated in subparagraph (a) above, in which case the City shall pay the Contractor for all costs incurred by the Contractor in performing the contract to the date of termination in accord with the provisions of paragraph 3. Termination shall not affect the rights of the City under paragraphs 4, 6, 7 and 8 hereunder. CITY OF WINSLOW ALICE B. TAWRESEY, MAYO CITY ATTORNEY NT ACTO Exhibit B Scope of Work B-l: Work Process for Commercial Zoning Study The tasks below describe the work elements of the project and include work by the Contractor and the City. The following Responsibilities Breakdown itemizes the Contractor's responsibilities. Preliminary: Mail out questionnaire to determine level of public support for strategic plan. Form "Task Force" consisting, for example, of 2 council members, 2 agency members, and 4 to 6 property owners. The Task Force's job will be to monitor project, participate in analysis and decisions and make recommendations for planning agency, council and Mayor by the end of July. 2. First Task Force Workshop-Agenda: a. Review present status and project process b. Determine issues. c. Determine sub-areas. d. Develop general directions for each sub-area (these will be derived from strategic plan work completed February 18th). e. Review questionnaire. 3. Tabulate questionnaires. 4. 2rid Task Force Workshop-Agenda: a. Review questionnaire summaries. b. Review process for upcoming sub-area meetings. c. Define alternative directions for each sub-area. Hold a sub-area meeting for each sub-area. Notify property owners individually. At the meetings, discuss objectives. Take responses from participants. At each meeting a series of alternate zoning refinements will be presented and discussed and an alternative direction chosen. Meet with Task Force to discuss outcome of meetings. Draft preliminary zoning ordinance refinements for each sub-area. Refinements may include: a. Land use provisions. b. Height, bulk and setback requirements. c. Landscaping requirements. d. Parking requirements. e. Natural area protection provisions. Distribute to Task Force members. , Prepare revisions to comprehensive plan incorporating commercial area refinements and recommendations for natural aras and residential areas made by Planning Agency. Evaluate effects of proposal on property value, development direction, and City objectives. 9. 3rd Task Force Workshop (open to public) Agcnda. a. Review proposed ordinance changes and effects. b. Takc comments from property owners and interested participants. 10. Revise proposed zoning modifications as per workshop and type in final format. 11. Present recommendations to Agency, Council and Mayor. B-2: Responsibilities Breakdown Task Form Task Force 2. First Task Force Workshop. Planning Staff Responsibilities o Choose members. o Organize Task Force. Arrange workshop and monitor. 3. Tabulate Questionnaire 4. 2nd Task Force Workshop 5. Sub-Area Meetings 6. Draft Pre- liminary 7. Comprehensive Plan revisions o Print questionnaire o Arrange & monitor workshop o Arrange meetings o Monitor meetings o Record responses o Meet w/consultant and discuss o Review preliminary & revise as per city requirements. o Distribute prelimi- nary recom- mendations to task force. o Arrange 4 indi- vidual meetings o Review modifications Evaluate effects of pro- posal on property values, development structure and city objectives. 9. 3rd Task Force Workshop o Arrange for, coordi- nate & monitor for evaluation. o Arrange & monitor 10. Revise reco- mendations o Review consultant work. 11. Present reco- o Attend presentations mendations to Agency & Council. Contractor Responsibilities o Prepare presentation o Review background information. o Develop draft questionnaire. o Direct meeting. Compile questionnaire & prepare report. o Prepare sub-area alternatives. o Present at workshop. Prepare for and attend 4 meetings. o Meet w/staff o Develop language for ordinance modifications and prepare reco- mmendation for preliminary ordinance changes. o Attend 4 meetings. o Make preliminary modifications to comprehensive plan. Coordinate with planning agency work. o Assist in the coordination of this effort. o Present preliminary recommenda- tions. o Take comments. o Make revisions. o Meet w/staff. o Type complete zoning ordinance. o Present recommendations twice. B-3 SCHEDULE AND PRODUCTS Task Estimated Completion Date; Budget and Product 1. Form Task Force By February 20, 1987 $ 2. First Task Force (T.F) Workshop By February 28, 1987 $1,582.00 - Presentation on work process and issues. 3. Tabulate Questionnaire By March 18, 1987 $707.04 - Brief working report summarizing the questionnaire results for T.F. to review. 4. 2rid T.F. Workshop By March 18, 1987 $1,344,00 - A set of alternative land use recommendations for each commercial zone sub area. 5. Sub-Area Meetings By April 30, 1987 $1,908.00 - Preferred zoning directions for each sub-area plus documentation of input process. Preliminary Zoning Ordinance Refinements By March 20, 1987 $3,988.00 - Preliminary recommendations for refinements to zoning ordinance in a brief working report. 7. Comprehensive Plan Modifications By March 30, 1987 $1082.56 - Revised comprehensive planning map for Winslow showing refinements to commercial areas and incorporating planning agency recommendations for residential and natural area modifications. Comprehensive planning text to describe commercial area policies and explain modifications. Evaluation of Proposed Modifications By June 6, 1987 $260.00 - The Contractor is responsible to assist in the coordination of this effort. After the sub-area meetings, the City will determine the requirements for the activities in this task. The City may elect to add work to this scope and direct the Contractor to add a sub-consultant working under this contract to prepare the evaluation. The scope of work for and budget for additional work will be mutually determined at this time. 9. 3rd T.F. Workshop By June 17, 1987 $564.00 - Presentation of recommendations. 10. Revised Zoning Modifications By July 8, 1987 $1,434.56 - Zoning ordinance with proposed recommendations word processed in final format. Finalized revisions to comprehensive plan. 11. Present Recommendations to Agency Council and Mayor By July 29, 1987 $390.00 - Presentation of recommendations and final comprehensive plan modifications. B-4: Budget Breakdown by Task Task J.O. G.H. 1. Form Task Force 2. First Task Force 24 Workshop 3. Tabulate Questionnaire 8 4. 2nd T.F. Workshop 20 5. Sub Area Meetings 28 6. Draft Preliminary 60 Zoning Modifications 7. Comprehensive Plan 12 8. Evaluate Effects of 4 9. 3rd. T.F. Workshop 8 10. Revise Recommendations 12 Prepare Final 1 I. Present Recommendations 6 TOTALS Hours K.Y. (Drafting) 12 12 S.B. (Word Processing 4 2 20 Total Amount $ 1,582.00 707.04 1,344.00 1,908.00 3,988.00 1,082.56 260.00 564.00 1,334.56 390.00 $13,250.16