2024-11-25-minutes-public-works-and-cds-study-session

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[Note — Any listing of application(s) names and numbers of senior application(s) referenced in Part A — Special Terms and Conditions and Scope of Work is based on a preliminary analysis and may not represent a complete list of senior affected application(s). Ecology may add or withdraw application(s) from the list as needed.] 2. Eligible Costs. Consistent with RCW 43.21A.690, RCW 90.03, and RCW 90.44 eligible costs of decision -making under this CRA, include both reasonable and necessary direct and indirect costs. a. Direct Costs. Direct costs are costs incurred as a direct result of Ecology working to fulfill its decision_making responsibilities pursuant to this CRA and the provisions of RCW 43.21A.690, RCW 90.03, and RCW 90.44 including, as applicable, and without limitation, costs of. Ecology personnel hours worked directly on the specific application(s) processing and decision -making being sought through this CRA, as well as any processing and decision - making associated with any such senior application(s) which must be acted upon before the Applicant's., Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. Hours worked directly include all work for purposes of determining whether the application(s) satisfies the "four- part" test of RCW 90.03.290 and any other applicable legal requirements. Hours worked directly also include any hours spent to review the work of any consultant hired as part of this CRA, provide necessary technical assistance in the absence of a consultant with comparable technical skills, attend coordination and decision -making meetings, routine or otherwise, convened to monitor progress, set critical pathways, and generally ensure efficient and straightforward implementation of this CRA, and provide for training for Ecology personnel as necessary to implement this CRA. Costs of Ecology personnel hours includes salaries, retirement plan benefits, Social Security benefits, health care benefits, and other benefits required by law to be paid to, or on behalf of, employees. [Note —The personnel listed in this section are only representative of Ecology employees and their salary. The actual job class and rate on any project may vary.] • Ecology personnel hours are based on position (hourly rates are approximate): WMS Band 2 — $88.00/hour Environmental Specialist 4 — $73.00/hour WMS Band 1 — $71.00/hour Environmental Specialist 3 — $62.00/hour Hydrogeologist 3 — $79.00/hour Secretary Supervisor — $46.00/hour Hydrogeologist 2 — $67.00/hour Secretary Senior — $41.00/hour [Note - Benefit costs are calculated at a rate of 32.0% of Ecology salaries, the indirect rate is calculated at a rate of 29.9% of salaries and benefits and are included in the hourly rates shown above. This rate could change annually]. ii. contracting with and managing independent consultants, whose work is identified, scoped, performed, and managed solely under the exclusive direction and oversight of Ecology, in accordance with the provisions of RCW 43.21A.690, RCW 90.03, and RCW 90.44 and Part A — Special Terms and Conditions and Scope of Work of this CRA, for decision -making work associated with processing and decision - making on the Applicant's application(s), as well as any processing and decision - making associated with any such senior application(s) which must be acted upon before the Applicant's. Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. iii. attorney, litigation, and expert witness fees and costs for decision -making work associated with processing and decision -making on the Applicant's application(s), including any legal costs for processing and decision- making through any final decision by Ecology and any such subsequent venue of first legal review; Washington State Department of Ecology Cost -Reimbursement Agreement (CRA) Page 8 of 16