HomeMy WebLinkAbout3109RESOLUTION NO. 3 1 0 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICE CONTRACT FOR PREPARATION
OF A SENSITIVE AREAS ORDINANCE (SAO) WITH HUCKELL WEINMAN
ASSOCIATES, INC.
WHEREAS, in 1991, the legislature amended the Growth Management
Act (Chapter 36.70A RCV1) to require (among other things) that cities adopt
development regulations that protect critical areas. Critical areas include:
wetlands, areas with recharging effects on aquifers used for potable water, fish
and wildlife habitat areas, frequently flooded areas, and geologically hazardous
areas; and
WHEREAS, the Growth Management Act of the State of Washington
requires cities to adopt ordinances to meet the requirements of the Act and
reduce the reliance on the State Environmental Policy Act (SEPA) to protect
critical areas; and
WHEREAS, the City, in response, amended its Comprehensive Plan and
Environmental Procedures Ordinance (ACC Chapter 16.06) to provide
protection in accordance with the GMA. This protection has been provided
under SEPA on a case by case basis; and
Resolution 3109
August 5, 1999
Page 1
WHEREAS, specific regulations would increase certainty in the
development review process while ensuring greater consistency in City
development approval decisions; and
WHEREAS, the development of specific sensitive area regulations for
the GMA identified critical areas as well as other sensitive areas is directed by
policies adopted in the City's Comprehensive Plan; and
WHEREAS, the City has the need for consulting services to prepare a
sensitive areas ordinance and a SEPA document supporting the City's action
on Sensitive Areas Ordinance; and
WHEREAS, the City has undertaken a selection process to identify a
consulting firm with the appropriate expertise for preparation of a Sensitive
Areas Ordinance and has successfully negotiated a contract for services with
Huckell Weinman Associates, Inc. to complete the work.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREIN
RESOLVES AS FOLLOWS:
Section 1. Purpose. The purpose of this Resolution is authorize the
Mayor and the City Clerk of the City of Auburn to execute an professional
services contract for preparation of a sensitive areas ordinance with Huckell
Resolution 3109
August 5, 1999
Page 2
Weinman Associates, Inc. as set forth in Exhibit "A" is attached hereto and
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
DATED and SIGNED this 16th day of August, 1999.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
Resolution 3109
August 5, 1999
Page 3
ATTEST:
444a,6L41--
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution 3109
August 5, 1999
Page 4
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and with
Huckell Weinman Associates, Inc., a corporation, whose address is 205 Lake Street South, Suite
202, Kirkland, Washington 98033, hereinafter referred to as "CONSULTANT".
In consideration of the covenants and conditions of this Agreement, the parties hereby
agree as follows:
1. SCOPE OF WORK.
The Consultant will perform the services described in the attached Exhibit "A". These
Exhibit "A" Services are referred to herein as Scope of Work.
2, TERM.
The CONSULTANT will commence Scope of Work with seven (7) days of
receipt by CONSULTANT of this executed Agreement and will proceed with services in a
diligent manner to completion of this contract. The CONSULTANT will not be responsible for
delays caused by factors beyond the CONSULTANT's control and will not be responsible for
delays caused by factors which could not reasonably have been foreseen at the time this
Agreement was executed. The CITY will authorize extension of time without penalty to the
CONSULTANT, if there are delays due to revision beyond the control of the CONSULTANT.
The anticipated project schedule is shown in Exhibit "B."
3. COMPENSATION.
The CONSULTANT shall be paid by the CITY for completed work for services rendered
under this Agreement as provided herinafter. 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 work. All billings for compensation for work performed under this
Agreement will list specific project titles, actual time (days and/or hours) and dates during which
Resolution 3109 - Agreement for Professional Services
August 11, 1999
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the work was performed and the compensation shall be figured using the rates in Exhibit "C",
Schedule of Charges.
Payment shall be on a time and materials basis, approximating the amounts associated
with each task listed on Exhibit "A". The amounts under each task may vary; however, the total
amount of the contract shall not exceed fifty-four thousand two hundred dollars ($54,200). This
amount includes various "optional elements", as identified in Exhibit "A", that require
authorization from the CITY prior to initiation of any work on such elements. The final ten
percent (10%) of the total budget amount shall be paid upon acceptance by the CITY of the final
product.
A short narrative progress report shall accompany each voucher for progress payment.
The report shall include discussion of any problems and potential causes for delay.
In the event services beyond those specified in the Scope of Work, and not included in
the compensation listed in this Agreement are required, a contract modification shall be
negotiated and approved by the CITY prior to any effort being expended on such services.
4. RESPONSIBILITY OF CONSULTANT. •
The CONSULTANT shall be responsible for the professional quality, technical accuracy,
timely completion and the coordination of all studies, analysis, designs, drawings, specifications,
reports and other services performed by the CONSULTANT under this Agreement. The
CONSULTANT shall, without additional compensation, correct or revise any errors, omissions
or other deficiencies in its plans, designs, drawings, specifications, reports and other services
required. The CONSULTANT shall perform its services to conform to generally accepted
professional planning practices and standazds and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except
as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment
for, any of the services shall be construed to operate as a waiver of any rights under this
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August I l, 1999
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Agreement or of any cause of action arising out of the performance of this Agreement to the full
extent of the law.
5. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall indemnify and hold the CITY and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or
equity arising in whole or in part from the CONSULTANT' S negligence or breach of any of its
obligations under this Agreement; provided that nothing herein shall require the CONSULTANT
to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based
solely upon the conduct of the CITY, their agents, officers and employees and provided further
that if the claims or suits are caused by or result from the concurrent negligence of (a) the
CONSULTANT' S agents or employees and (b) the CITY, their agents, officers and employees,
this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the
costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to
the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S
agents or employees. The provisions of this section shall survive the expiration or termination of
this Agreement.
6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent contractor
and not the agent or employee of the CITY and that no liability shall attach to the CITY by
reason of entering into this Agreement except as otherwise provided herein. The parties agree
that this Agreement may not be assigned in whole or in part without the written consent of the
CITY.
7. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage to
property which may arise from or in conjunction with services provided to the CITY by the
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August 11, 1999
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CONSULTANT, its agents, employees or subcontractors, under this Agreement. The
CONSULTANT agrees to provide commercial general liability insurance and shall maintain
liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE
MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide
and maintain professional liability coverage in the minimum liability limits of ONE MILLION
DOLLARS ($1,000,000) per claim and ONE MILLION DOLLARS ($1,000,000) aggregate.
The general liability coverage shall also provide that the CITY, its officers, employees
and agents are to be covered as additional insured as respects: Liability arising out of the
services or responsibilities performed by or under obligation of the CONSULTANT under the
terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors.
Both the general liability and professional liability coverage shall provide that the
CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its
officials, employees and agents. Any insurance or self insurance maintained by the CITY, its
officials, employees or agents shall be excess to the CONSULTANT' S insurance and shall not
contribute with it. Each insurance policy required by this section of the Agreement shall be
endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty
(30) days prior written notice has been given to the CITY by certified mail return receipt
requested. All insurance shall be obtained from an insurance company authorized to do business
in the State of Washington. The CONSULTANT agrees to provide copies of the certificates of
insurance to the CITY specifying the coverage required by this section within 14 days of the
execution of this Agreement. The CITY reserves the right to require that complete, certified
copies of all required insurance policies be submitted to the CITY at any time. The CITY will
pay no progress payments under Section 3 until the CONSULTANT has fully complied with this
section.
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August 11, 1999
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8. NONDISCRIMINATIONo
The CONSULTANT may not discriminate regarding any services or activities to which
this Agreement may apply directly or through contractual, hiring, or other arrangements on the
grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of
any sensory, mental or physical handicap.
9. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs, documents,
records, books, specifications, reports, estimates, summaries and such other information and
materials as the CONSULTANT may have accumulated, prepared or obtained as part of
providing services under the terms of this Agreement by the CONSULTANT, shall belong to and
shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to
maintain all books and records relating to its operation and concerning this Agreement for a
period of six (6) years following the date that this Agreement is expired or otherwise terminated.
The CONSULTANT further agrees that the CITY may inspect any and all documents held by the
CONSULTANT and relating to this Agreement upon good cause at any reasonable time within
the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S
request, the originals of all drawings, documents, and items specified in this Section and
information compiled in providing services to the CITY under the terms of this Agreement.
Reuse by the CITY of any of the drawings, computer discs, documents, records, books,
specifications, reports, estimates, summaries and such other information and materials on
extensions of this project or any other project without the written permission of the
CONSULTANT shall be at the CITY'S sole risk.
10. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written notice
to the other party, and based upon any cause. In the event of termination due to the fault of
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August 11, 1999
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other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services
performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the CONSULTANT
shall (1) promptly discontinue all services affected as directed by the written notice, and (2)
deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such
other information and materials as the CONSULTANT may have accumulated, prepared or
obtained in performing this Agreement, whether completed or in process.
11. GENERAL PROVISIONS.
11.1. This Agreement shall be governed by the laws, regulations and ordinances of the
City of Auburn, the State of Washington, King County, and where applicable, Federal laws.
11.2. All claims, disputes and other matters in question arising out of, or relating to, this
Agreement or the breach hereof, except with respect to claims which have been waived, will be
decided by a court of competent jurisdiction in King County, Washington. Pending final
decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with
the performance of the services and obligations herein.
11.3. The CITY and the CONSULTANT respectively bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement with respect to
all covenants to this Agreement.
11.4. This Agreement represents the entire and integrated Agreement between the CITY
and the CONSULTANT and supersedes all prior negotiations, representations or agreements
either oral or written. This Agreement may be amended only by written instrument signed by
both the CITY and the CONSULTANT. -
11.5. Should it become necessary to enforce any term or obligation of this Agreement,
then all costs of enforcement including reasonable attorneys fees and expenses and court costs
shall be paid to the substantially prevailing party.
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August 11, 1999
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11.6. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
11.7. If any provision of this agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
Resolution 3109 - Agreement for Professional Services
August 11, 1999
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CITY OF AUBURN
Charles A. Booth, Mayor
Date s, ^ / 9-~ff
ATTEST:
haz4DI tk"-4"~
Danie le E. Daskam, City Clerk
APPROVED AS TO FORM: L
i ~
Michael J. Reynolds, Ci Attorney
Huckell Weinman Associates Inc.
BY:
Richard S. Weinman
TITLE Vice President/Senior Principal
Address: 205 Lake Street South, Suite 202
Kirkland, Washington 98033
Phone (425) 828-4463
Fax # (425) 828-3861
Federal Tax ID # 91-139-3259
Resolution 3109 - Agreement for Professional Services
August 11, 1999 •
Page 8 of 14
Attachment A
City of Auburn Sensitive Areas Ordinance
Scope of Work
Project Description
Huckell/Weinman Associates Inc., will prepare a sensitive areas ordinance (SAO) for the City
addressing the following components: wetlands, streams, fish and wildlife habitat conservation
areas, geologic hazard areas, frequently flooded areas, aquifer recharge areas and significant
vegetative resources. The project will also attempt to anticipate emerging federal standards
(unknown at this time) that will be adopted to protect fisheries/habitat pursuant to the
Endangered Species Act (ESA).
The project will incorporate public information and involvement opportunities and a SEPA
document supporting City action on the SAO. The consultant will also provide staff support
during the ordinance adoption process.
Scope of Work
The consultant's scope of work for the Auburn SAO project would consist of the tasks/steps
outlined below.
1. Issue Identification/Problem Statement and Project Strategy.
A key first step will be to develop a clear understanding and statement of the issues/problems the
project is intended to address and of the City's objectives for the project. To accomplish this, the
team would meet with City staff (and possibly with selected interest groups) to identify any
specific problems with substantive sensitive areas standards and/or review procedures, and to
gain a clear understanding of local environmental values and politics. This understanding will be
used, as appropriate, to help inform and refine assumptions incorporated into this scope of work.
Key questions initially addressed at this point include;
■ the level of protection (i.e., stringency) the City wants to achieve;
■ use of prescriptive standards or a performance-based approach;
■ the balance of flexibility and certainty;
■ identification of opportunities to address ESA issues by the SAO and
■ administration of the ordinance.
Other strategic issues that will be discussed include the approach to SEPA compliance (assumed
in Task 7 to be a SEPA checklist), public involvement and communication (assumed in Task 3 to
include a workshop, and narrative information developed in Tasks 2 and 4), and the need for
additional field work (identified in the budget as a contingent task).
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August 11, 1999
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It is assumed that the City intends to proceed with ordinance development in view of uncertain
federal timing regarding adoption of a 4(d) rule under ESA.
Product: Documentation of project objectives; confirmation of basic strategic issues; and
refinement, if appropriate, of the scope of work and budget.
2. Background Research, Data Compilation ancl Issue Paper.
A"background" issue paper will be prepared to summarize the existing planning and regulatory
framework guiding drafting and adoption of sensitive areas ordinances. This will help
communicate the context for the project and the range of options available to the City. This
context includes the Growth Management Act (GMA) and other legal requirements (e.g. takings
limitations); Endangered Species Act implications for local ordinances; Auburn's experience
with its present SAO approach; and a broad menu of regulatory options used in other
jurisdictions and/or recommended in technical literature. The consultant's existing library of
adopted sensitive area ordinances will provide much of the research.
Task 2 will also involve confirming/compiling existing information about the City's sensitive
areas and natural resources. Sources of data would include City inventories, data in
environmental documents, and any available technical/scientific studies relevant to the area. This
information will provide a common understanding of existing conditions, help to identify any
data gaps and help determine whether or how much additional field work is desirable. The scope
of work assumes use of existing information provided by the City or readily available in
published reports, plans and similar documents. The scope does not contemplate additional field
work; however, the budget includes a contingent task for fieldwork if deemed by the City to be
desirable.
Product: A report/issue paper providing background information on the framework fo.r sensitive
area planning and regulation, a summary/compilation of existing data, and a menu of SAO
options.
3. Public Involvement/Communication,
The scope of work includes preparation of a newsletter or insert for the local community
newspaper, a press release and conduct of a public workshop. These would be designed to help
communicate the City's objectives and the steps in the SAO project, as well as to educate the
public about the functions of sensitive areas and options for sensitive area regulation/incentives.
The issue papers prepared in Tasks 2 and 4 can also be used for these purposes. Task 1 will
discuss and confirm the project's approach to public involvement and communication and the
timing of planned events.
Product: A public workshop and printed material (issue papers and newsletter insert) to help
inform and educate about the SAO project and regulatory/incentive approaches.
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August 11, 1999
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4. Alternatives.
The consultant will prepare a narrative description of alternative approaches to regulation
(procedural and substantive). This task is intended to describe and narrow an initial range of
options for further discussion and consideration. The alternatives can then be communicated to
the public and local elected officials to get a sense of desired direction and community
preferences. The alternatives would include a menu of non-regulatory incentives as well as
typical regulatory standards.
Product: An issue paper describing different approaches (regulatory and non-regulatory) for
addressing sensitive areas. •
5. Ordinance Drafting.
The consultant will perform all ordinance drafting; project subconsultants (Pentec
Environmental and Associated Earth Sciences) will provide technical/scientific advice and input
for specific issues or elements of the ordinance. The ordinance will be written as clearly and
non-technically as possible, given the legal context in which it will be interpreted and applied.
To make the drafting process as efficient and cost effective as possible, the scope of work
assumes that actual writing of the ordinance would not commence until direction regarding
ordinance structure and substance is clear; reaction to the public workshop and issue papers
would help provide this direction.
The budget assumes two rounds of comment and revision of a draft ordinance: one following
initial review by City staff, prior to release to the public; and a second in response to
review/public hearings by the Planning Commission. Our scope assumes that City staff will
make final changes in response to City Council deliberations and legislative action.
Product: A camera-ready draft sensitive areas ordinance.
6. Public Hearings/Review.
The team would provide support during the public review and hearing process. This may include
presentations and or response to questions. (Note: The project budget identifies the level of
support as measured in hours.) _
7. SEPA Compliance.
The consultant will prepare a SEPA document to support City action on the proposed SAO. This
scope of work assumes that a checklist or expanded checklist (leading to a DNS or Mitigated
DNS) will be the appropriate SEPA document.
Product: An environmental document addressing the City's proposed SAO.
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August 11, 1999
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Estimated Budget
Tasks
HWA
Hours Cost
Pentec •
Hours Cost
AESI
Hours
Cost
Total
1. Issue ID & Strategy
8
1,000.
8
1,000.
8
1,000.
3,000.
2. Background Research
40
4,800.
24
2,400.
8
1,000.
8,200.
3. Public Involvement
8
1,000.
8
1,000.
8
1,000.
3,000.
4. Alternatives
30
3,600.
24
2,400.
8
1,000.
7,000.
5. Ordinance Drafting/Input
60
7,200.
24
2,400.
8
1,000.
10,600.
6. Public Hearing Support
16
1,920.
8
1,000.
8
1,000.
3,920.
7. SEPA Compliance
40
4,000.
10
1,000.
10
1,000.
6,000.
Subtotal
162
23,520.
92
11,200.
40
7,000.
41,720.
Project MgmdCoordination
40
4,800.
4,800.
Misc Expenses
500.
100.
100.
700.
Consultant Mgmt. Cost
2,000.
2,000.
Total Estimated Cost
202
$30,820
92
$11,300
40
$7,100.
$49,220.
Field Work Contingency *
30 $3, 000, 20 $2, 000. $5, 000.
Notes to budget:
Task 2. Assumes that the City will print and distribute the issue paper.
Task 3. Assumes that the City will be responsible for any notices, printing and/or mailings, and will
coordinate securing a location for any public meeting.
Task 4. Assumes that the City will print and distribute the issue paper. .
Task 6. The hours allocated to this task are intended to express the level of effort required by the scope
of work.
Task 7. Assumes issuance of a DNS or Mitigated and preparation of a checklist or expanded checklist
appropriate for a programmatic action. The budget is intended to express the level of effort allocated to
this task. Assumes preparation of a preliminary document for City review. A camera-ready document
would be delivered to the City for printing and distribution.
* The Field Work Contingency is intended to allow the City the opportunity to authorize field work for
priority sensitive areas. No field work would be conducted without explicit authorization and direction
from the City.
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August 11, 1999
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Attachment B
Project Schedule
The scope of work assumes a six month project schedule with an start date of September, 1999
and completion in March, 2000; dates are approximate. Major project milestones are shown
below. (Note that the schedule could be refined based on the outcome of Scope of Work Task 1.)
Tas1c/Product
Start
End Date
1999
1. Project initiation, strategy, scope refinement
Sept.l
Sept. 15
2. Background research
Sept. 15
Oct. 15
3a. Public involvement/communication
Oct. 15
Oct. 21
4. Alternatives
Oct.21
Nov.21
3b. Public involvemendcommunication
Nov. 28
5. Ordinance drafting
Dec. 1
Jan. 1
2000
6. Staff support for public hearings
Jan. 15
Feb. 15
7. SEPA compliance
Feb. 1
Feb. 15
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August 11, 1999
Page13of14 .
ATTACHMENT C
HUCKELL/WEINMAN ASSOCIATES, INC.
1999 Sehedule of Charges
Effective January 1, 1999 - December 31, 1999
Flourly Rates
Duane Huckell/Senior Principal
$ 145.00
Richard Weinman/Senior Principal
$ 145.00
Michael Blumen/Principal
$ 135.00
Helene Kornblatt/Principal
$ 134.00
Ben Frerichs/Principal
$ 109.00
Terry McCann/Senior Planner
$ 109.00
Chris Lawson/Senior Planner
$ 108.00
Gretchen Brunner/Senior Planner
. $ 98.00
Deborah Munkberg/Senior Planner
98.00
Mark Stewart/Senior Planner
. $ 98.00
Rich Schipanski/Associate Planner
. $ 93.00
Michele Sarlitto/Project Planner $ 82.00
Katie McKinstry/Staff Economist $ 67.00
Jill Moe/Staff Planner $ 67.00
Nancy Chmelar/Staff Planner 67.00
Vicki Strand/Office Administrator $ 52.00
Jennifer Swanson/Accountant 52.00
Marilee Cipra/Administrative Assistant
$ 47.00
Preparation for and attendance at contested hearings
All Staff $ 185.00
Other Rates
Auto mileage - per mile $0.31
In-house photo copies - per page ...............................................................................0.15
Handling charge on subcontractors & expense ..........................................................12%
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August 11, 1999
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