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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. Professional Services Agreement Fehr & Peers Transportation Services On -Call Version 09.13.23 Page l of 10 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 Professional Services Agreement Fehr & Peers Transportation Services On -Call Version 09.13.23 Page 2 of 10 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. Professional Services Agreement Fehr & Peers Transportation Services inn -Call Version 09.13.23 Page 3 of 10 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). Professional Services Agreement Fehr & Peers Transportation Services On -Call Version 09.13.23 Page 4 of 10 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. Professional Services Agreement Fehr & Peers Transportation Services On -Call Version 09.13.23 Page 5 of 10 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 Professional Services Agreement Fehr & Peers Transportation Services On -Call Version 09.13.23 Page 6 of 10 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. Professional Services Agreement Fehr & Peers Transportation Services On -Call Version 09.13.23 Page 7 of 10 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. Professional Services Agreement Fehr & Peers Transportation Services On -Call Version 09.13.23 Page 8 of 10 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 Transportation Services On -Call Version 09.13.23 Page 9 of 10 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