HomeMy WebLinkAboutFehr & Peers- PSA Transportation Services On-CallPROFESSIONAL SERVICES AGREEMENT
Transportation On -Call
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred tq 4s "City", and FEHR & PEERS, hereinafter referred
to as "Consultant," on the l y day of 16 ✓ev..�A, , 2023.
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.
WHEREAS, the City has, consistent with RCW 39.80, published an announcement related
to its need for Architectural and Engineering services, evaluated Consultant's current performance
data, and has determined that Consultant is the most highly qualified firm to perform the
Architectural and Engineering services related to the Transportation Services On -Call project; and
WHEREAS, the City's Public Works Director finds that the Agreement with Consultant
is both fair and reasonable in light of the duties to be performed, the Consultant's performance
data, and the nature and complexity of the project.
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 the execution date listed above and promptly be
completed by 12/31/2025.
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.
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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
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.
O 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
® Hourly (Multiple Rate): Such rates as identified on [Attachment A in
Exhibit A], plus actual expenses incurred as provided under this Agreement,
but not to exceed a total of $ 150,000.00 without the prior written
authorization by the City; or
❑ Fixed Sum: A total of $
O 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
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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
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. 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 exclusive property of the City, including copyright
as secured thereon. Consultant may not use them except in connection with the
performance of the services under this Agreement or with the prior written consent
of the City. 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.
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.
b. Public Records.
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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.
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 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).
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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.
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or resulting from the
acts, errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City.
8.2 However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant, and the City, its officers, officials,
employees, and volunteers, the Consultant's liability, including the duty and cost
to defend, hereunder shall be only to the extent of the Consultant's negligence. It is
further specifically and expressly understood that the indemnification provided
herein constitutes the Consultant's waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
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. The Consultant's maintenance of
insurance as required by the Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and
coverage described below:
9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office (ISO) form CA 00 01.
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9.1.2 Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop -gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under
the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
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:
® $2,000,000 each occurrence; and
® $2,000,000 general aggregate;
9.2.3 Professional Liability insurance shall be written with limits no less than:
® $2,000,000 per claim; and
® $2,000,000 policy aggregate limit;
9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional
Liability, and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any
insurance, self-insurance, or self -insured pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
9.3.1 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 be placed with insurers with a current
A.M. Best rating of not less than A: VII.
9.5 Verification ,of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including, but not
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necessarily limited to, the additional insured endorsement, evidencing the insurance
requirements of the Agreement before commencement of the work.
9.6 Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation within two (2) business days of their receipt of such
notice.
9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher
insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the
Consultant are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Consultant.
9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the
City may, after giving f ve (5) business days notice to the Consultant to correct the
breach, immediately terminate the Agreement or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of
the City, offset against funds due the Consultant from the City.
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 Against 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.
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12. Assignment and Subcontracting.
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,
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 this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators; or
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.
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14.3 The Project Administrator for the purpose of this Agreement shall be:
For the City:
Jon Padvorac, P.E.
City Engineer
525 North Yd
PO Box 293
Pasco WA 99301
Padvoracj@pasco-wa.gov
(e-mail address)
15. Dispute Resolution.
For the Consultant:
Kendra Breiland, A.I.C.P.
Principal In -Charge
601 Union Street, Suite 3525
Seattle, WA 98101
k.breiland@fehrandpeers.com
(e-mail address)
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. Any modification of this Agreement or change
order affecting this Agreement shall be in writing and signed by both parties.
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.
Professional Services Agreement Fehr & Peers
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY OF PASCO, WAS NGTON
1
Adam R. Lincoln 6ty Manager
ATTEST:
1 ,�' J GA I'_
Debra C. Barham, City Clerk
Professional Services Agreement Fehr & Peers
Transportation Services On -Call
Version 09.13.23
CONSULTANT
f (p"t6&tA �_ � (04 , 10/30/2023
Kendra Breiland, Fehr & Peers -- Principal In -Charge
F-W J T81V 0417%lb 11110iT:7uTT
Kerr F on Law, PLLC, City Attorney
Page 10 of 10
Exhibit A FEHR PEERS
September 11, 2023
Jon Padvorac
City Engineer
City of Pasco
525 N 3rd Avenue
Pasco, WA 99301
Subject: Pasco On -Call Transportation Engineering Services — Fehr & Peers Scope of
Services and Rates
The purpose of this letter is to provide a scope of services and set of hourly billing rates for Fehr
& Peers, to be included in the City of Pasco On -Call Transportation Engineering Services contract.
Scope of Services
Fehr & Peers will perform work that may include, but not be limited to traffic impact analysis and
other transportation study review, preparation of studies and reports, plans, permitting, creation
of development standards, project and development review, materials supporting grant
applications, and other work related to the support of City projects and programs in the Public
Works and Development Services Departments.
Fehr & Peers is expected to work with City staff to complete the scope within the assigned tasks
on time and within the task budget. Scope and budget for individual tasks will be determined at
the time of issuance. The scope of work may include the following service areas:
• Bike/Ped Facility Planning and Conceptual Design (up to 10% not for construction)
• City Council Presentations
• Concurrency Review and Proportionate Share Calcs
• Development Review
• Development Standards
• GIS/CAD Services (for conceptual designs, not for construction)
• Grant Applications
• Legal Support as it Relates to Concurrency and Other Transportation Challenges
• Parking Evaluations
• Safety Studies
• Safe Routes to School Plans
• Signage and Striping Evaluations
• TIA Review
• Traffic Control Evaluations
• Traffic Counts
}r i:pm
Jon Padvorac
September 11, 2023
Page 2 of 3 6
• Traffic Operations and Analysis
• Traffic Studies (speed, volume, sight distance, safety, collision analyses, classification,
travel time, etc.)
• Traffic Signal Operations
• Roundabout Conceptual Design (up to 10% not for construction)
• Transportation Impact Fees
• Transportation Master Plans
• Transportation Safety Planning and Conceptual Design (up to 10% not for
construction)
• Travel Demand Modeling
Included as an attachment are hourly billing rate ranges for Fehr & Peers staff. This attachment
also includes firm background, key staff and hourly billing rates for Van Ness Feldman, LLP, who
will be brought on as legal counsel on On -Call tasks where requested by the City.
Sincerely,
FEHR & PEERS
K(P c �_ � (AV4
Kendra Breiland, AICP
Principal
Attachment
Attachment A - Billing Rates for Fehr & Peers, and Van Ness Feldman LLP
Attachment A --- Billing Rates for
Fehr & Peers, and Van Ness
Feldman LLP
(^house an i errs
FEHR PEERS
2023-2024
(July 2023 through June 2024)
Hourly Billing Rates
Classification
Hourly Rate
Principal
$250.00 -
$395.00
Senior Associate
$215.00 -
$310.00
Associate
$185.00 -
$275.00
Senior Engineer/Planner
$160.00 -
$235.00
Engineer/Planner
$135.00 -
$185.00
Senior Engineering Technician
$150.00 -
$225.00
Senior Project Accountant
$170.00 -
$210.00
Senior Project Coordinator
$130.00 -
$190.00
Project Coordinator
$115.00 -
$175.00
Technician
$130.00 -
$170.00
Intern
$100.00 -
$135.00
• These rate ranges are subject to change, and ore generally updated annually on
July 7Q
• Other Direct Costs / Reimbursable expenses are invoiced at cost plus 70% for
handling.
• Personal auto mileage is reimbursed at the then current IRS approved rate (65.5
cents per mile as of Jan 2023).
• Voice & Data Communications (Telephone, fax, computer, a -maid etc.) are invoiced
at cost as a percentage of project labor.
Fehr & Peers reserves the right to change these rates at any time with or without advance notice.
Van Ness
Feldman
Firm Overview
Van Ness Feldman (VNF) is a nationally recognized law firm with nearly 50 years' experience in land use,
real estate, environmental, energy, civil litigation, and land use planning. The firm's attorneys and land
use planners are recognized leaders for their representation of municipalities, public entities, and the
private sector in all facets of long-range planning and permitting for complicated development and
infrastructure projects, collectively forming one of the most experienced land use practices in the Pacific
Northwest.
Our team is exceptionally qualified to provide the City of Pasco (City) with a full range of legal counsel
related to the City's analysis of transportation impacts of individual projects and transportation planning.
As summarized in further detail below, the VNF team regularly provides counsel to cities, counties,
jurisdictions, and agencies on a broad range of issues concerning regulatory compliance, governance, and
day-to-day management and development of assets and infrastructure. VNF has significant experience
providing strategic land use, Growth Management Act, State Environmental Policy Act (SEPA), and
community planning counsel to multiple jurisdictions across the state. The firm is highly skilled at working
with staff and elected officials to understand unique local circumstances and goals; identifying the
statutory and regulatory parameters guiding potential solutions; drafting ordinances to achieve those
goals; evaluating proposals under various authorities; soliciting, responding to, and incorporating public
and agency comments; complying with procedural requirements of public hearings and adoption
processes; and defending clients before administrative hearings boards, and, if necessary, in court
appeals.
When representing public clients, the firm partners with in-house legal departments, agency staff, and
governing bodies to help them achieve goals consistent with their legal authority and required processes.
We are able to provide any of a wide range of roles that serve our clients' needs and budget, from
providing high-level, strategic advice to managing a matter completely on behalf of the client. VNF
understands how municipalities operate and the regulations and obligations to which they must adhere.
Based on this experience, the firm know show to "think" like local governmental entities and can spot
issues, provide preventative advice and creatively help municipal clients achieve their goals within
oftentimes complex special statutory authorities, regulations, and bylaws.
The firm is proud to have served as legal counsel for many counties, cities, and other governmental
agencies in Washington State including (not inclusive): Skagit, Kitsap, Kittitas, Mason, Okanogan,
Whatcom, Garfield and King Counties; the cities of Bainbridge Island, Bellevue, Ellensburg, Federal Way,
Issaquah, Normandy Park, North Bend Olympia, Roslyn, Seattle, Spokane Valley, Snoqualmie, and Tacoma;
both the University of Washington and Western Washington University; Snohomish, Tacoma, and King
County Housing Authorities; the Ports of Walla Walla, Skagit, Kalama, Centralia, and Seattle; and various
public utility, irrigation, and facility districts. Select representative municipal matters are included below.
Representative Experience
City of Seattle
Represented the City of Seattle in defending the City's environmental review of several land use proposals
in appeals before the Hearing Examiner and the Growth Management Hearings Board. The VNF team
worked with the City Attorney's office to defend the Seattle Department of Transportation's
Environmental Impact Statement (EIS) for the Burke Gilman "Missing Link" project, one of the final steps
in a nearly thirty-year legal dispute over the City's plan to complete the existing gap in the famous multi-
use trail. The firm also worked with the City Attorney's office to defend the Environmental Impact
Statements (EISs) for the City's Mandatary Housing Affordability (MHA) policy and its changes to
regulations governing accessory dwelling units, both of which seek to address the complicated issue of
housing affordability in Seattle.
City of Tacoma
VNF served as special land use counsel to the City of Tacoma, assisting with local legislative efforts, a
shoreline master program update, and significant land use developments in the City including the Point
Ruston Brownfields redevelopment, long range plans for the Tacoma Narrows Airport, the Point at
Northshore, and several other residential subdivisions, several of which included transportation
evaluations and SEPA mitigation fees. The firm also represented the City in numerous public meetings
before the planning commission and City Council and worked with staff to draft provisions on
controversial topics and responding to public comment. Additionally, the firm advised on other significant
legislative issues related to downtown development agreements, special needs housing, and Critical
Areas.
City of Snoqualmie
VNF served as special land use counsel to the City of Snoqualmie in various matters, including assisting
the City with revisions to various City code sections: sensitive areas, clearing and grading, mixed use
master plan, and permit processing regulations. The f[rm's attorneys and planners also represented the
City on matters related to the review of two large, controversial master planned developments and
oversaw the drafting of necessary local ordinances for project administration, the negotiation of impact
mitigation strategies, the development of utility and infrastructure plans and associated permitting, and
funding strategies with all affected state agencies (Ecology, Health, Transportation, and Fish and Wildlife).
VNF performed the lead staff functions during all City Planning Commission, City Council and County
Council review of project issues.
City of Cie Elum
The firm represented the City of Cie Elum in all matters related to the Suncadia development adjacent to
and within the City of Cie Elum. VNF was heavily involved in the planning and permitting for the
infrastructure necessary to serve Suncadia, including new water and sewer treatment plants, and
subsequently, the full range of planning activities including current and long-range planning, permit
review, and advising the Planning Commission and City Council on planning matters affecting the City.
City of Bainbridge Island
The firm represented the City of Bainbridge Island on several controversial shoreline matters, including
litigation arising out of the City's adoption of a moratorium pending development of new shoreline
regulations In Blakely Harbor, and several subsequent individual residential dock appeals before the City's
Hearing Examiner and the courts. The firm also advised the City on a MCTA cleanup -related issue involving
a new sewer line extension and a proposed sewer LID to respond to failing shoreline septic systems.
City of Issaquah Development Commission
VNF served as special counsel to the City of Issaquah Development Commission during contentious land
use proceedings. In serving as legal advisor to this quasi-judicial decision -making body, VNF advised the
Development Commission on compliance with administrative law, the Open Public Meetings Act, Public
Records Act, local land use processes, and appeal proceedings. VNF also represents the Development
Commission in ancillary litigation related to its land use proceedings.
City of Roslyn
Represented the City of Roslyn in the Yakima River Basin general stream adjudication (Dept of Ecology v.
Acquovello) and in developing and implementing a comprehensive water supply strategy.
Skit County
The firm represented Skagit County in a wide variety of land use matters including adoption of the
County's first GMA comprehensive plan, urban growth areas, unified development code, critical areas
regulation and related implementing plans and regulations. The firm also represented the County on
additional court appeals of various regulations and provided water resource counsel on several disputes
arising out of water resource interlocal agreements, statutory requirements for ensuring adequate
provisions for water supply and water rights permitting.
Kittitas County
VNF assisted Kittitas County in a variety of roles including permit review for major projects and annual
amendments to the comprehensive plan and zoning codes. The firm served as consultants for a complex
Growth Management Act compliance effort in response to a Superior Court ruling and managed the
regional Shoreline Master Program update and the County's critical area update. Both projects involved
extensive public outreach and conflict resolution; communicating with advisory committees, elected
officials and the general public; and keeping the projects on track over a multi -year implementation
schedule.
Kitsap County
VNF assisted Kitsap County in the GMA mandated "Compliance Review" of its Comprehensive Plan and
development regulations, including assistance in key elements of the County's Comprehensive Plan
amendment process, crafting a public participation program and developing a set of reasonable measures
to help the County meet the UGA target densities. The firm also assisted the County with preparation of
development regulations associated with the 10-Year Comprehensive Plan Update and overall code
improvement initiatives.
Representative Team
Tadas Kisielius, Partner
Tadas counsels public and private clients on land use, water resources, and
environmental law matters with a particular focus helping clients secure and defend
state and federal environmental permits and local land use approvals for
development projects throughout the state. He has significant experience
appearing on behalf of clients in state and local legislative and adjudicative
proceedings, and in state and federal court. In addition, he helps public entities,
including cities, counties and port districts, draft, adopt, and defend regulations
required by the Growth Management Act (GMA), the Shoreline Management Act (SMA), and the State
Environmental Policy Act (SEPA).
Clara Park, Partner
Clara has extensive experience representing municipal clients, developers, and
property owners in the areas of land use, environmental, real estate, and
municipal law. Her practice focuses on securing and defending permitting for
facilities and major infrastructure projects facing significant opposition, helping
clients navigate issues arising under the Washington State Environmental Policy
Act (SEPA), National Environmental Polity Act (NEPA), Shoreline Management
Act, Growth Management Act (GMA), and other local, state, and federal land use
and environmental laws. She counsels clients on developing comprehensive
permitting strategies and regularly litigates before local adjudicators, state
administrative tribunals, and state and federal courts.
Thaddaeus Gregory, Associate
Thaddaeus's practice focuses on land use, real estate, and environmental law.
He advises a broad range of clients with local zoning, state, and federal
regulatory compliance, including SEPA/NEPA, when developing projects of all
�' sizes. Thaddaeus has experience leading diverse client teams, including
consultant teams with wide-ranging subject matter expertise, to evaluate or
obtain land use entitlements and development permits. He is regarded for his
skill in representing clients in hearing examiner hearings, City Council hearings
and meetings, and other venues where development projects are subject to public questions and scrutiny.
Andrew Levins, Land Use Planner
Andrew represents numerous public clients with land use planning counsel
and is highly skilled at providing clear, implementable, and defensible
tl regulations that achieve local objectives; and working with Planning
:7 Commissions and City Councils to shepherd those regulations through the
local adoption process. Andrew assists clients on all phases of development,
including master planning, feasibility analysis, code interpretation and due
diligence, and permitting strategy, and submittal.
Proposed Rates
The firm proposes our municipal rates, a discounted hourly rate that reflects the public nature of the work.
We are open to discussions about alternative billing terms and rates if desired by the City.
Name
Tadas Kisielius
Title
Partner
Rate/Hour
$600
Clara Park
Partner
$495
Thaddaeus Gregory
Associate
$295
Andrew Levins
Land Use Planner
$255