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HomeMy WebLinkAbout4870 RESOLUTION NO. 4 8 7 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR DESIGN, PROJECT MANAGEMENT, AND CONSTRUCTION MANAGEMENT SERVICES WHEREAS, The City of Auburn is a partner government in the Green/Duwamish and Central Puget Sound (WRIA-9) Watershed Salmon Recovery effort, and WRIA-9 identified the Fenster Levee Setback Project as Recommended Project No. MG-18 in the 2005 Green/Duwamish and Central Puget Sound (WRIA-9) Watershed Salmon Habitat Recovery Plan, entitled "Making Our Watershed Fit for A King", and WHEREAS the Green Duwamish Ecosystem Restoration Project (ERP) identifies a project for levee setback reconstruction and flood plain habitat restoration which includes elements of this work on the City's Fenster property site; and WHEREAS the City of Auburn and King County jointly cooperated in the design and construction of Phase 1 of the Fenster Levee Setback Project in 2006, and WHEREAS, The City of Auburn's Fenster Levee Setback, Phase 2 project ("Project") is included in the City of Auburn's 2012-2017 Capital Facilities ---------------------------------- Resolution No.4870 10/16/2012 Page 1 of 3 Plan, and will complete the restoration of in-stream and riparian habitat and increasing floodwater conveyance and storage within the Green River at the City's Fenster site by setting back approximately 700 feet of the Fenster Levee from the river's edge to a point roughly 300 feet landward from its existing location; and WHEREAS, On November 29, 2010, Auburn entered into an agreement with King County to perform site assessment/data collection and feasibility and alternative analysis for Phase 2 of the Project; and WHEREAS, The Project will be funded using a combination of federal, state, and local grant funds from the King Conservation District, the Puget Sound Acquisition and Restoration Fund, and the Salmon Recovery Funding Board, along with local stormwater funds provided by the City of Auburn These funds will be used to pay for the design, permitting, and construction of the project including the technical support described below in the attached exhibit; and WHEREAS, RCW 89 08.341 allows the City and County to collaborate with a Conservation District to jointly construct this type of project; and WHEREAS, it is in the public interest for the parties to enter into an agreement for design, project management, and construction management services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: -------------------------------------- Resolution No.4870 10/16/2012 Page 2 of 3 Section 1. The Mayor and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn and King County for design, project management, and construction management services in substantial conformity with the agreement hereto, marked as Exhibit "A" 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 Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. c Dated and Signed this-5-M day 2012. RUBURN P TER B. LEWIS, MAYOR ATTEST f�-11-� Danielle E. Daskam, City Clerk APPROVED AS TO FORM. — h nk Darnel . Heid, ity torne ----------------------------------- Resolution No.4870 10/16/2012 Page 3 of 3 INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN FOR ENGINEERING-RELATED SERVICES This Agreement is made and entered into by King County, Washington, hereinafter referred to as "County" and the City of Auburn, a Washington municipal corporation, hereinafter referred to as "Auburn"or"City," collectively referred to as the "Parties," or singularly, "Party," in order for King County, through its Water and Land Resources Division ("WLRD"), to provide technical and management services to support the City in constructing the Fenster Levee Setback Project Phase II ("Project"). The Parties mutually agree as follows: I. Purpose The purpose of this Agreement is to set forth the terms under which the County will provide technical and management services to the City, as described in Exhibit One, attached to this Agreement and incorporated herein and made a part hereof. King County is providing the technical and management services as a collaborative effort with the City to promote the joint goals of flood protection and salmon restoration. King County is taking the lead role in the design and is also providing in-kind design services to ensure consistency of the project with other recently constructed projects (Fenster and Pautzke) within the reach that were completed using designs by King County II. Administration A. The City and the County shall each appoint an administrator to ensure ongoing compliance with this Agreement and to resolve any conflicts. The administrators shall communicate on an as needed basis. Either Party's administrator is authorized to convene a meeting with a minimum of ten (10) calendar days- written notice to the other B. Any conflict that is not resolved by the administrators within ten (10) working days of a meeting held to discuss the conflict shall be referred for resolution to the City's Planning & Development Director and the County's WLRD Director If the conflict 1 cannot be resolved by the Planning & Development Director and the WLRD Director, it shall be referred to the Mayor and the Director of the King County Department of Natural Resources and Parks (DNRP) for resolution. In the event that the conflict cannot be resolved by the Mayor and the DNRP Director, either Party may seek interpretation or enforcement of the terms of this Agreement, or relief or remedy from a breach of the terms of this Agreement, in law or equity C. All communications regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party gives notice of a change of address. Any written notice shall become effective three business days after the date of mailing by registered or certified mail. To the City of Auburn Chris Andersen, Environmental Protection Manager 25 West Main Street Auburn, WA 98001 To WLRD Jon Hansen, Supervising Environmental Scientist King Street Center 201 S Jackson Street, Room 600 Seattle, WA 98104-3855 III. Responsibilities of the Parties A. King County I Shall provide services as outlined in Exhibit One, including: • Complete a design for a capital project, scaled for a maximum total Project cost of$1,250,000 similar to Alternative 1 B outlined in the Fenster Levee Setback Project Phase 11 Site Assessment and Alternatives Analysis. • Submit designs for the City's review and comment at the 30% and 60% design milestones. • When comments from the 60% design review have been incorporated and 2 both Parties have approved the design, designate a licensed Professional Engineer who will finalize the plans, stamp them with a Professional Engineers stamp, and serve as the Project s Engineer of Record. • Obtain all necessary permits as agent for the City to construct the Project per the final design. • Manage and coordinate construction activities in compliance with all applicable permit conditions, including installation of plantings, to Project completion. 2. Shall provide the services provided for herein, and will not purport to represent the City in other matters unrelated to these services. Control of personnel standards of performance, discipline, and all other aspects of work shall be governed entirely by the County All persons from the County rendering service hereunder shall be for all purposes employees of the County To the extent applicable, the County shall include the requirements in Article Vlll below in any subcontract executed for the performance of services under this Agreement. 3. Shall furnish all personnel, resources, and materials deemed by the County to be necessary to provide the services provided for herein. 4 Shall not have responsibility for Project monitoring, maintenance or repair after completion of Project construction. B. Auburn shall: I Attend all pertinent meetings, respond to information requests, review draft documents and plan sets, and participate in design decisions in a timely manner consistent with the timeline described in Exhibit One. The City will also accept and sign off on all deliverables as appropriate or provide a timely reason as to why such sign-off is not being undertaken. 2. Obtain in a timely manner any rights-of-way and easements necessary for Project Construction. 3 Procure Project construction services under a separate contract, with contractor(s) of the City's choosing. 4 Issue a Notice to Proceed to Construction upon receipt of Final Plans and copies of all necessary permits. 3 5 Upon Project construction completion, be responsible for all permit-required post- construction monitoring. Costs associated with post-project monitoring are not addressed in this Agreement. IV Costs and Billing A. The City will pay the County for the actual costs, including labor, materials and fees, to complete tasks as outlined in Exhibit One, up to an amount not to exceed $297,093 Estimated costs per task are as outlined on Exhibit Two, attached to this Agreement and incorporated herein and made a part hereof. B. The Countv will invoice the City on a quarterly basis for services rendered. The City will pay invoices within 60 days of receiving the invoice with all required backup documentation as detailed below C. The County will supply documentation of all expenditures including invoices, labor summaries, timesheets, etc. as necessary for the City to submit required documentation for grants received from third parties. The City is responsible for all grant management and compliance requirements. V Effectiveness, Duration, Termination and Amendment A. This Agreement is effective upon signature by both Parties and will remain in effect until December 31, 2014 B. This Agreement may be terminated by either Party upon 30 days written notice. In the event of termination, payment will be made by the City for work performed by the County to the date of termination. C. This Agreement may be amended only by written agreement of the Parties. D This Agreement is not assignable by either Party, either in whole or in part. E. This Agreement is a complete expression of the intent of the Parties and any oral or written representations or understandings not incorporated herein are excluded. F The Parties recognize that time is of the essence in the performance of the provisions of this Agreement. G. Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a 4 waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the parties which shall be attached to the original Agreement. H. Funding or obligation under this Agreement beyond the current appropriation year is conditional upon budget appropriation by the legislative authority of each Party Should such appropriations not be approved, this Agreement will terminate at the close of the last year for which appropriation has been provided. VI. Unforeseen Circumstances A. The Parties recognize that during the course of conducting activities provided for in this Agreement unforeseen circumstances may arise that could cause significant changes to the Project scope, schedule and or budget. Such unforeseen circumstances may include but not be limited to the discovery of the presence of archeological artifacts at the Project site or the discovery of toxic materials on the Project site, or significantly higher than anticipated contract bid or other cost. B. If the unforeseen circumstances will affect the Project schedule, the Parties may jointly decide to modify the schedule to accommodate resolution of the unforeseen circumstances. C. If the unforeseen circumstances are projected to cause the budget as outlined in Exhibit Two to be exceeded, the Parties may agree to modify the Exhibit One Scope of Work to bring the cost of the services within budget. Any change in scope that would cause the total costs of services provided under this Agreement to exceed $297,093 shall be contingent on the appropriation of Auburn's legislative authority of the funds necessary to meet the cost overage. D If due to unforeseen circumstances, the Parties agree that the Project and the services provided under this Agreement cannot go forward as planned, this Agreement may be terminated per the terms of Agreement Section V.B. VII. Indemnification A. To the extent not within any immunity conferred by law on Auburn and on King Countv Auburn agrees to hold harmless and indemnify the County, its officers, 5 officials, employees, and agents, while acting within the scope of their employment for the services provided for herein, from any and all costs, claims,judgments, penalties, and/or awards of damages, arising out of or in any way resulting from a negligent act or omission of Auburn, it officers, officials, employees or agents in performing its obligations under the terms of this Agreement. To the extent not within any immunity conferred by law on King County and on Auburn, King County agrees to hold harmless and indemnify Auburn, its officers, officials, employees, and agents, while acting within the scope of their employment for the services provided for herein, from any and all costs, claims,judgments, penalties, and/or awards of damages, arising out of or in any way resulting from a negligent act or omission of King County, its officers, officials, employees or agents in performing its obligations under the terms of this Agreement. In the case of negligence of both the City and King County, any damages that may be allowed shall be levied in proportion to the percentage of negligence attributable to each Party, and each Party shall have the right to seek contribution from the other Party in proportion to the percentage of negligence attributable to the other Party B. Each Party agrees that its obligations under Section A of this Article extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, provided that such waiver shall not preclude any indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. C. The Parties recognize that the Project is intended to increase protection against flooding and its damages for the City, its citizens, and property within and around the City However, such efforts at increasing protection are no guarantee that flooding and damage will not occur In the event that flooding does occur, King County and Auburn shall continue to enjoy the immunity for flood prevention measures conferred by law, and it is the intention of the Parties that the City shall likewise be included within such immunity to the extent allowed by law, and to the extent not covered by 6 the City's reasonable exercise of its police powers. Nothing in this Article VII shall be construed to eliminate, reduce, or otherwise abrogate any immunity conferred on King County or Auburn in connection with acts or omissions arising out of the Project. Nothing in this Agreement shall be construed as conferring any rights on any third party D In the event that a Party incurs anyjudgment, award, and/or costs, including reasonable attorney's fees, arising from actions, to enforce the provisions of this Article and prevails in such actions, all such fees, expenses, and costs shall be recoverable from the other Party The indemnification provisions in this Article VII shall survive the termination of this Agreement. VIII. Compliance with Conditions Pertaining to Auburn's Salmon Project Agreement with the State of Washington through its Salmon Recovery Funding Board A. Partial funding for the Project derives from federal funding for salmon conservation provided to Auburn through a grant agreement with the State of Washington Salmon Recovery Funding Board ("Funding Board"). The grant agreement sets specific requirements for and restrictions on the use of the funds provided, including funds passed through to third parties to complete Project work. The terms in this Section VIII derive from the requirements in the grant agreement. B. The County will implement this Agreement in accordance with applicable federal, state, and local laws, regulations and the Washington State Recreation and Conservation Office ("RCO") and the Funding Board policies. C. The County shall comply with, and the City is not responsible for determining compliance with, any and all federal, state, and local laws, regulations, and/or policies applicable to the Project, including, but not limited to: Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. D Endangered Species— For this Project, the County shall not commence with clearing 7 of riparian trees or in-water work unless either the County has complied with 50 CFR 223.203(b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating the Auburn - RCO agreement and may constitute a breach of this Agreement. This Section D shall not be the basis for creating any enforcement responsibility by the City E. Nondiscrimination Laws—The County shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the County s noncompliance or refusal to comply with any nondiscrimination law or policy, this Agreement may be rescinded, cancelled, or terminated in whole or in part, and the County may be declared ineligible for the City to hire with any further grant awards from the Funding Board. The County is responsible for the consequences arising from the County's failure to comply with these nondiscrimination laws, when applicable. F Prevailing Wage—The County agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract when required by state law to do so, and to comply with the provisions of the Davis-Bacon Act, other federal laws and Chapter 39 12 RC W, as amended,and the rules and regulations of the Department of Labor and Industries. G. Restrictions on Use of Agreement funds—No part of any funds provided under this Agreement shall be used, other than for normal and recognized executive-legislative relations, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this Agreement shall be used to pay the salary or expenses of any County official, staff, employee or agent related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. H. Debarment or Suspension—The County certifies, by signing this Agreement, that neither it nor its officials nor any other lower tier participants (defined as any other 8 entity to which the County passes funds under this Agreement) are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency The County agrees that it shall provide immediate written notice to the City if at any time the County learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 1. Should the County enter into a subcontract for the purposes of implementing the terms of this Agreement, the County agrees by signing this Agreement that it will verify that the entity with whom it enters such subcontract is not excluded or disqualified. The County will do this by- 1 Checking the federal Excluded Parties List System (www.eols.s,ov) for that entity; or 2. Collecting a certification from that entity; or 3 Adding a clause or condition to the subcontract with that entity The County agrees by signing this Agreement that it shall not knowingly enter into a subcontract with an entity which is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Auburn and RCO Auburn and the County may rely upon a certification of a prospective lower tier participant that it is not debarred, suspended, ineligible, or voluntarily excluded from the subcontract, unless it knows that the certification is erroneous. IX. Ownership and Use of Documents All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the County as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City and may be used by the City for any purpose beneficial to the City X. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found 9 upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. XI. Continuation of Performance In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the County agrees that, notwithstanding such dispute or conflict, the County shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. XII. Counterparts This Agreement may be executed in counterparts. SIN,^WITNESS WHE EOF, the Parties hereto have executed this agreement on the day of Y IC�1.y � , 2012. Approved as to Form �J Ki ounty a- By 4z� By Ett L� Title: ' eputy Prosecuting Attorney itle: Department Directo Depa ment of Natural Resources and Parks Approved s to Form City f Aubu Zc--By, By. � Title: City Attorney Title: Mayor, City of Auburn 10 Exhibit One Scope of Work Fenster Levee Setback Project, Phase 2 Project Overview The City of Auburn's Fenster Levee Setback project ("Project") will restore in-stream and riparian habitat and increasing floodwater conveyance within the Green River by setting back approximately 700 feet of the Fenster Levee from the river's edge to a point roughly 300 feet landward from its existing location. Project goals are: • increasing the channel cross-section, thereby improving local flood conveyance through the affected reach of the lower Green River; • slowing floodwater velocities, thereby reducing erosion, and increasing flood refugia for juvenile salmonids; and • restoring quantity and quality of floodplain and riparian habitat along the river stretch. Phase I of the Project was completed in 2006. On November 29, 2010, Auburn entered into an agreement with King County to perform site assessment/data collection and feasibilitv and alternative analysis for the Project. Under this scope of work and attached agreement, King County will provide the following services to assist the City in implementing the project through construction: • Project management • Cultural Resources Site Assessment and Associated Coordination with tribes and regulators • Design • Permit Submittal on behalf of Auburn and Regulatory Agency Coordination • Construction management and inspection The Project will be funded using a combination of federal, state, and local grant money from the King Conservation District, King County Flood Control District, and the Salmon Recovery Funding Board, in-kind technical engineering and/or design services to be provided by King County, along with local stormwater funds provided by the City of Auburn. These funds will be used to pay for the design, permitting, and construction of the project including the technical support described below in this scope. Total Project funding available is $1,250,000 11 Timeline Tasks outlined in this scope of work will be completed in two phases: 1) design and permitting; and 2) construction. Phase I will be completed by April, 2013 Phase 2 will begin upon issuance of the Notice to Proceed to construction by the City of Auburn. Construction dates will depend on approval of the final design, issuance of all necessary permits and local, state or federal permit conditions regarding work in the river In-channel construction will be completed by the close of the"fish window" stipulated by the Hydraulic Project Approval issued by WDFW for the project (this date is anticipated to be on or about September 15, 2013). Tasks 1 Project Management This task includes: • Preparing scope, schedule, and budget • Monitoring/controlling project work, coordinating project tasks • Reporting on status • Managing communications, • Directing the King County Design Team and Construction Management and Inspection Team Deliverables. • Final Project scope, schedule, and budget. • Bills/invoices and supporting documentation to match project funding grant requirements. • Monthly written progress reports providing updates on project progress and status, including scope, schedule and budget. Schedule. Ongoing through to project completion(projected to be by the end of the fourth quarter of 2014). 2. Cultural Resources Investigations This task includes: • Completing cultural resources site assessment. • Coordinating with the State Recreation and Conservation Office (RCO), Native American tribes and the State Department of Archaeology and Historical Preservation (DAHP) to complete State regulatory requirements and processes. Deliverables: • Copies of completed Cultural Resources Survey of Project site. • Fulfillment of either the Washington State Executive Order 05-05 or National Historic Preservation Act(NHPA) Section 106 process requirements. 12 Schedule. Site investigation will be completed within two months of execution of this Agreement. Assumptions. No Register-eligible artifacts or sites are discovered or determined to be affected during investigations or construction of the project. If such artifacts are found, it would likely increase the cost of the Project. 3. Preliminary, 60 Percent, and Final Engineering Designs Tasks include: • Completing Preliminary design, including survey, base map preparation, setback levee alignment, structure positions, preparation of design drawings and updated construction cost estimate. • Completing 60 percent and final designs, including engineering analysis, design, right-of- way acquisition (to be undertaken and completed by Auburn), preparation of construction plans,technical specifications, cost estimates, planting plan, and final stamping by the engineer-of-record. The engineering design will be based on Alternative IB from the Fenster Levee Setback Project Phase 11 Site Assessment and Project Alternatives Analysis, as modified to reduce construction costs. • Performing constructability review to identify any potential issues and risks during construction. • Coordinating with the City on design modifications. • Coordinating design development and review with the King County Flood Control District. • Develop Operations and Maintenance Manual. Deliverables: • Copies of Preliminary design drawings, revised cost estimate, and related documents for Auburn s review and approval. • Copies of 60 percent and final construction plans stamped by the engineer-of-record, construction cost estimate, related documents for review and concurrence. • Operations and maintenance manual. Schedule: Preliminary design drawings will be completed and available for review by Auburn on or before December 1, 2012. 60 percent plan set and related documents will be completed and available for review by December 31, 2012. Final plan set and related documents will be completed and available for review by April 30, 2013 These deadlines are contingent upon the assumptions below and at the end of this scope of work. Assumptions. Final Design will be based upon the 60% plan set. Costs would be higher for more detailed plans and specs required for contractor procurement. 4 Permitting/Regulatory Compliance 13 This task includes: • Preparing and submitting all permit applications as agent for the City of Auburn. Required permits/compliance actions are assumed to be: Hydraulic Project Approval (HPA) from WDFW, via expedited process for fish habitat enhancement projects; NPDES Construction Permit;"Limit 8" Endangered Species Act compliance certification; Executive Order 05-05 (Historic Preservation) compliance. • Communicating with review agency staff during permit review and negotiation of permit conditions. • Updating City staff via phone/e-mail on regulatory agency interactions. Deliverables: Completed/submitted permit applications and "Limit 8" form. Schedule: Permit applications will be submitted concurrent with the completion of the 60 percent plan set. Permits are expected to be issued by May 31, 2013 to prevent delays to the construction schedule. Assumptions: Project qualifies for"Limit 8" certification of ESA compliance and expedited Fish Enhancement Project permitting from WDFW, and does not require SEPA, local permitting or permitting from the US Army Corps of Engineers. If the project does not qualify for these permits and certifications, permitting and regulatory costs will be higher 5. Construction Coordination and Supervision This task includes: • Perform constructability review • Assist Auburn in obtaining a construction contractor • Transmit construction-ready plans/documents to contractor • Obtain construction cost estimate from contractor • Develop change order procedures and decision protocols/thresholds. • Coordinate with contractor on construction, including pre-construction meeting, construction schedule, materials purchases, right-of-entry verification, traffic control/road closure plan. • Oversee erosion control and perform Certified Erosion and Sediment Control Lead (CESCL) responsibilities to comply with NPDES requirements. • Perform daily inspections and complete daily field activity reports. • Coordinate archaeological and cultural resources monitoring of excavation work. • Purchase plants and oversee planting installation. • Perform punch-list inspection with City staff. Deliverables: • Construction Management Plan(CMP). • Construction schedule. • Information/materials necessary for Auburn to issue Notice to Proceed. • Written documentation of various construction planning elements. 14 • Weekly progress summaries with daily field activity reports, change order log, submitted weekly erosion and sediment control monitoring reports by CESCL. • Punch-list inspection summary Schedule: Auburn will have information and materials necessary to issue the Notice to Proceed by June 30, 2013 Construction, except for planting, will be completed by the end of the "fish window" as dictated by WDFW (likely September 15, 2013). Planting is expected to be completed by late March 2014 Assumptions:The City of Auburn will negotiate a separate agreement with a contractor for construction of the project. The form and content of the construction agreement will be determined by the parties. If 100% plans and specifications are required to obtain bids from contractors, extra costs will be incurred. 6. Project Closeout This task includes administrative closeout and as-built drawing preparation, including documentation of any field changes. Deliverables: • As-built plan set. • Financial reports and related documents. • Documentation of any field changes. Schedule: Project close-out will be completed by June 30, 2014 15 Exhibit Two Estimated Costs Auburn's total project budget(including construction) is $1,250,000. This scope of work covers project management, design, permitting, and construction coordination and supervision services to be provided by King County WLRD Construction costs will be paid under a separate agreement/contract between Auburn and contractor(s). Estimated Service Costs Task Budget($) Projected Completion date 1 Project Management * $17,585 June 30, 2014 2. Cultural Resources Investigations $15,500 November 15, 2012 or 30 days after agreement execution 3 Engineering and Design (Preliminary $120,000 April 30, 2013 through Final)* 4 Perm ittin g/Regulatory Compliance $45,000 May 31, 2013 5a. NTP issued by Auburn $0 June 30, 2013 5b. Construction Coordination and $39,257 September 15, 2013 Supervision * 5c. Archaeolo ical Monitoring $16,000 September 15, 2013 6. Project Closeout/As-builts* $5,000 June 30, 2014 Estimated Cost of Tasks $258,342 + 15% Contingency" $38,751 Total $297,093 June 30, 2014 * Denotes an A&E Activity This project is subject to funding source limitations for Architectural and Engineering activities(A&E). Budget for starred tasks shall not be exceeded without prior written authorization by the City Additionally King County will contribute a total of$35,000 in in-kind technical services for any one or more of the A&E tasks.Costs for other tasks may be shifted between tasks as long as the total budget($297,093,inclusive of King County s in-kind contribution)is not exceeded. ** Contingency funds shall not be expended without prior written authorization from the City,specifying the amount of funds to be expended and the task(s)to which the authorized funds are to be allocated. 16