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HomeMy WebLinkAboutRiverwise Engineering, LLC - Design Proposal - White Waer Course - 12.19.2022December 9, 2022 City of Waterloo c/o Jamie Knutson, City Engineer c/o Wayne Castle, City Engineering via email: jamie.knutson@waterloo-ia.org via email: wayne.castle@waterloo-ia.org Riverwise-- ngineering RE: Waterloo Whitewater Park Estimated Permitting and Final Design Fees Riverwise Engineering, LLC PO Box 706 Durango, CO 81301 (303) 808-7734 info@riverwise.org www.riverwise.org Dear Mr. Knutson and Mr. Castle, It is Riverwise Engineering, LLC's (RWE) pleasure to provide the City of Waterloo with a proposal for the subject services. Based on email correspondence, we understand the City of Waterloo (City) would like to continue design of the project and RWE staff is excited to be a part of this exciting and complex project. We have assembled the previous partners to the project and believe all of them are interested in continuing the project except the structural team from Hooting Coyote who is no longer completing this type of work. The consulting team includes all the staff from Riverwise Engineering, Summit Engineering, Land and Water Concepts, Terracon, Tallgrass Archaeology, and Obermeyer Hydro. This team includes ALL the key individuals that participated in the project from the start including: • Shane Sigle, PE — Project Manager and Lead Engineer, • Eric Nelson, PE — Waterfall Engineer, • Andy Reimenschneider — Project Design and Drafting, • Jason Heinz, PE- Geotechnical Engineer, and • Rob Eckman, PE — Obermeyer Hydro Engineer. Using the same consultants during subsequent stages will assist in making the startup as efficient as possible. To fill the gap left by Hooting Coyote, RWE has currently received proposals from AECOM, JEO, and Snyder Consulting groups. We are discussing timing and costs with AECOM, and have not made a decision, but wanted to get the proposal to you as soon as possible to limit further delays. We have attached Figure 1 showing draft estimated costs needed to get the design through the permitting process and final design (90%) letting drawings. The proposal does not include the letting package and associated services, or construction phase services, which will be required to ensure the project is effectively built. A few things to note: 1) We are in touch with Cindy at Tallgrass Archaeology, and it appears that an intensive level survey will be required for the 6th St. dam. It is likely the survey will find that the structure is historically significant and further study/analysis/mitigation will be required. To get a feel for what may be involved, we spoke with Branden Scott at SHPO. Branden offered the following advice: a. If the dam is found to be structurally compromised, it would not be eligible, and removal could occur without any type of mitigation. We would like to discuss this with you and any feedback you have about the integrity of this dam can assist with the decision -making process. If you feel the dam may be compromised, we recommend a structural integrity study is completed and that information provided to SHPO. b. If the dam is structurally sound and the intensive level survey finds the structure is significant, mitigation will be required. It is unknown what mitigation may be required but I suggested the dam needs to be removed for safety reasons and Mr. Scott suggested documentation of the structure and removal Wage Riverwise Engineering process, in addition to signage and historical information plaques may be acceptable mitigation options. If the project proceeds down this path, we recommend taking a pro -active approach to the mitigation and sending SHPO a plan that includes the documentation process during removal and design for the mitigation plaques. c. We have included the costs for the intensive level survey and the anticipated mitigation in Figure 1, Task 1.6. 2) We spoke with Nate Hoogeveen with the Iowa DNR. Nate suggested that a project kick-off meeting would be helpful to get staff back up to speed on the project. I vowed to make that happen and we have included an item for this work in the proposal. Nate was helpful and interested in supporting the project as it progressed through the permitting process. He did suggest the fish passage goals/objectives have changed slightly since our last correspondence and he would speak with the fisheries division to get more feedback. Our work does not include additional modeling/design/analysis that may be associated with fish passage requirements. In the past, this work has exceeded $30,000 so we will continue to correspond with the DNR and keep you up to date on those conversations. 3) We understand there were mussel relocation activities that were required for the Park Avenue Bridge construction and similar activities should be anticipated during construction of this project. We spoke with Kelly Poole at the Iowa DNR, and she noted the first step is to complete the environmental review. We also spoke to Sara Hankemeier with Helms and Associates. It is likely that a survey and relocation effort can be completed at the same time to move potentially impacted animals. We have included costs for those tasks in Figure 1, Task 1.10. 4) Our work does not include any conditions/documentation that may be needed associated with funding sources, but we are available to assist as needed on an hourly basis. 5) Additional geo-technical information from Terracon will be needed and we have included those costs in Figure 1, task 1.7. 6) As requested, we have included both preliminary and final design for Bay 1 modifications and we concur that mitigating this portion of the dam is a good idea and long-term maintenance and safety are factors. 7) We have included an Environmental Assessment which is anticipated during the environmental review (See Figure 1, task 2.9. Once we have an agreed upon Scope, we would like to offer a more detailed timeline and milestone worksheet to help guide the project and keep it organized. If you should require any further information at this time or have any questions regarding this proposal, please do not hesitate to contact me. The following billing rates apply: Professional Engineer/Project Manager (PE)- $180/hr. Engineer 1- $145/hr. Engineer 2 - $135/hr. Senior Scientist- $145/hr. Senior Ecologist- $135/hr. Engineering Technician II-$100/hr. Drafting Technician-$95/hr. Administration-$60/hr. 2IPage Riverwise Engineering, LLC We look forward to potentially working with you on this project. Sincerely, ‘‘A Shane Sigle, PE Riverwise Engineering, LLC Reviewed and Accepted QuertEuz 1-tarE S GNED Date 12/19/2022 �eCCey Ee[chfe Riverwise Engineering F 12/19/2022 Date Quentin Hart, Mayor, City of Waterloo Kelley Felchle, City Clerk, City of Waterloo Date December 14, 2022 Shane Sigle, PE, Principal, Riverwise Engineering, LLC RIVERWISE ENGINEERING, LLC TERMS AND CONDITIONS 1. STANDARD OF CARE: Services shall be performed in accordance with the standard of professional practice exercised by the noted profession at the time and within the locality where the Services are performed. Riverwise Engineering, LLC (RWE) cannot provide, any warranty or guarantees contained in any uniform commercial code. Warranties are not included with any standard of professional practice. Any such warranties or guarantees contained in any purchase orders, requisitions or notices to proceed issued by Client are not included and not accepted. 2. PAYMENT FOR SERVICES: Statements will be mailed monthly and the Client agrees to be solely responsible for payment of all bills 3IPage Riverwise Engineering, LLC Riverwise Engineering immediately upon receipt of invoices, with the total amount due at the time of delivery of the final product. Client agrees to pay 2% per month for all amounts due not received within 20 days of the billing statement. Should collection procedures be required, RWE shall be allowed to receive collection and all applicable attorney fees. 3. NO WAIVER: No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of the Agreement or operate as a waiver of any future default, whether like or different in character 4. SAFETY: RWE has established and maintains applicable safety standards and procedures while conducting field operations. RWE specifically disclaims any authority or responsibility for general job site safety and safety of persons other than RWE employees. 5. ASSIGNMENT: Except for assignments (a) to entities which control, or are controlled by, the parties hereto or (b) resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by either party without written permission of the other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. 6. STATUTES OF LIMITATIONS: To the fullest extent permitted by law, Client agrees that, except for claims for indemnification, the time period for bringing claims under this Agreement shall expire one year after Project completion. According to Colorado law you must commence any legal action based upon any defect in the survey within three years after you first discover such defect. In no event, may any action based upon any defect in the work be claimed following the three year period. 7. AUTHORITY: The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. 8. AMENDMENTS: There are no verbal, implied, written, or understood, except as herein stated. This agreement can only be modified via written approval by both parties. 9. INSURANCE: RWE will maintain insurance coverage for Professional Services in amounts in accordance with legal, and RWE's business requirements. Certificates evidencing such coverage will be provided to Client upon request. 10. DELAYS: If events beyond the control of Client or RWE, including, but not limited to, fire, weather, snow, explosion, riot, strike, war, rain, flood, act of God or the public enemy, and act or regulation of any government agency, result in delay to any schedule in the Agreement, such schedule shall be amended as needed without financial compensation to the client. 11. TERMINATION/SUSPENSION: Either party may terminate this Agreement upon 30 days written notice to the other party. At that time, RWE will stop all work. Client shall pay RWE for all Services, including profit relating thereto, rendered prior to termination, plus any expenses of termination. 12. LENGTH OF TIME THIS PROPOSAL IS VALID: This proposal, associated fee schedule and the presented costs are valid for 60 days from the date of the proposal. However, if this contract is accepted, signed and executed by Client and RWE, the associated fee schedule and presented costs shall be valid until the project is completed, excessive delays are experienced, or this contract is terminated. 13. OWNERSHIP AND REUSE OF PROJECT DELIVERABLES: All documents furnished by RWE to Client are instruments of service and shall remain the copyrighted property of RWE. Reuse of any documents or other deliverables, or alteration of such documents or deliverables were originally prepared, shall be at the Client's risk. Client agrees to defend, indemnify, and hold harmless RWE from all claims, damages, and expenses, (including reasonable litigation costs), arising out of such reuse or alteration by Client or others acting through Client. 14. LIMITATIONS OF LIABILITY: To the fullest extent permitted by law, RWE's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, RWE's negligence, errors, omissions, strict liability, or breach of contract shall not exceed, either (a) the total compensation received by RWE under this Agreement, or (b) re -performance of the defective services by RWE at no cost to Client. No employee or agent of RWE shall have individual liability to Client. IN ANY EVENT AND UNDER NO CIRCUMSTANCES SHALL RWE BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. 15. SEVERABILITY: The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 16. CHANGE OF SCOPE: The scope of Services set forth in this Agreement is based on facts and data known at the time execution of this Agreement, including, if applicable, information supplied by the Client and outside parties. For some projects scope may not be fully definable during initial phases. As the Project progresses, facts discovered may necessitate Scope changes. This change of scope will be considered additional services (if additive) and the contract fee will increase to cover the additional scope. RWE will promptly provide Client with a verbal or written amendment to this Agreement to recognize such change, which shall be deemed approved if not objected to within 15 days of receipt by Client. 4IPage Riverwise Engineering, LLC River wise Engineering FIGURE 1 Riverwise Engineering, LLC Whitewater, Habitat, and Bankside Improvements Project ,Cedar River, Waterloo, Iowa Permitting, and Final Design Services December 9, 2022 TASK Task Subtotal Phase Subtotal 1.1 Agency Coordination: Make contact and coordinate with the Iowa DNR floodplains, low head dams, environmental, and sovereign lands division to renew and update the divisions on the project and forthcoming permit application. Make contact and coordinate with the US Army Corps of Engineers regulatory and Section 408 staff to renew and update the divisions on the project and forthcoming permit application. Complete initial coordination with SHPO, existing structural, survey, environmental, geotechnical, modeling, and permitting team. RWE staff will host a kick-off video call, update drawings and request pre - permit submittal review by all agency divisions. This item will be billed as a lump sum. $ 6,600 1.2 Agency Comment Updates: Complete drawing updates based on agency questions, comments and concerns posed in a June 6, 2017 email and a second email September of 2022. Does not include additional studies that were requested. They are included in other tasks. (estimate to be billed hourly). $ 6,300 1.3 Permit Submittal Compilation and Review: Complete internal permit submittal compilation and review to confirm the package is ready for submittal. Includes document updates associated with comments and questions posed during previous correspondence with the US Army Corps (See Task 1.2) and incorporation of archaeological/historical/mussel surveys and preliminary plans associated with the findings of those studies. This item will be billed as a lump sum. $ 7,740 1.4 On -site Meeting (as needed): Includes one meeting with one RWE representative on -site for one day to meet with permitting agency staff, stakeholders, City staff, and sub consultants for issues related to Section 408 and 404 Permitting. This item will be billed as a lump sum and additional meetings can be added as needed. Note this fee does not include travel expenses. $ 2,800 1.5 Sixth Street Dam Historical/Cultural Study: Includes completion of a Historical/Archaeological Intensive Level Survey and Evaluation of the Sixth Street Dam which is noted as DNR ID BLA-4 and SHPO Inventory Number 07- 13619. It is likely that the findings suggest the dam is considered historically significant and additional studies/mitigation may be required that are not covered by this task. This item will be billed as a lump sum. $ 9,600 Page 1 of 4 Riverwise Engineering, LLC PO Box 706 Durango, CO 81301 www.riverwise.org des by SAS 12/12/2022 1.6 Sixth Street Dam Historical/Cultural Mitigation and Design: If the findings for task 1.5 suggest the dam is considered historically significant and coordination with SHPO result in a mitigation design, RWE will design placards/signage/historical signage and documentation recommendations. This includes coordination with local historical societies/members, SHPO, and signage design, location, and layout (estimate to be billed hourly). $ 14,300 1.7 Geo-Technical Study: Includes completion of calculations consistent with EM I 1 10-2-2502 for "active" soil pressures or at -rest soil pressures as determined by the geotechnical engineer. Includes completion of Global stability analyses seepage, and global slip plane failure to ensure adequacy of the new combined wall section per EM 2502 and noted in comments from the US Army Corps of Engineers Section 408 pre -review dated June 6, 2017. This item will be billed as a lump sum. $ 12,880 1.8 Hydraulic Model Updates: Includes updates to Model of Record acquired from Park Avenue bridge consulting team. Updates include further geo- referencing and model software updates as needed, bridge geometry updates, addition of Bay 1 design and calibration. This item will be billed as a lump sum. $ 19,400 1.9 Preliminary Design (60%) Drawings for Waterloo Dam (Park Avenue Dam) Bay I Modifications: Includes plan, profile, and section drawings for Park Avenue Dam Bay I rock arch rapid. Plan drawings include key dimensions required for permitting. Profile drawings include existing and proposed typical drawings and key dimensions. Section drawings include existing and proposed dimensions including break points. Deliverables include typical drawings for additional areas, as needed. This item will be billed as a lump sum. $ 22,400 1.10 Mussel Survey and Relocation Plan: Includes survey of the project area and movement of the animals consistent with Iowa DNR and US Army Corps of Engineers protocol. Does not include Section 7 consultation or additional tasks that may be required. (estimate to be billed hourly). $ 42,000 1.11 Expenses: Includes office expenses at $4,800 plus direct expenses associated with Task 1.4 which are approximately $2,100. $ 6,900 Page 2 of 4 Riverwise Engineering, LLC PO Box 706 Durango, CO 81301 des by SAS www.riverwise.org 12/12/2022 2.1 Final Design (90%) Letting Drawings (Estimate) for Civil Drawings of the Project: Includes plan, profile, and section drawings for civil drawing set. Includes design of access, staging, utility impacts, design for movement of the adjustable gates, and the navigational bypass in bays 3 and 4. Assumes existing adjustable gates and infrastructure associated with those gates can be re -used and no additional gates or infrastructure is required. Plan drawings include key elevations required for construction plus relevant dimensions. Profile drawings include existing and proposed elevations. Section drawings include existing and proposed dimensions including key elevations and break points. Deliverables include typical drawings for additional areas, as needed. This item will be billed as a lump sum. $ 124,000 Includes $30,000 for Responses in Item 2.7 2.2 Final Design (90%) Letting Drawings (Estimate) for Waterloo Dam (Park Avenue Dam) Modifications: Includes plan, profile, and section drawings for Park Avenue Dam Bays I and 2. Plan drawings include key elevations required for construction plus relevant dimensions. Profile drawings include existing and proposed elevations. Section drawings include existing and proposed dimensions including key elevations and break points. Deliverables include typical drawings. Includes one set of revisions following stakeholder review. This item will be billed as a lump sum. $ 18,400 2.3 Final Design (90%) Letting Drawings (Estimate) for Floodwall and Takeout: Includes plan, profile, and section drawings for floodwall modifications (both temporary and permanent), bankside trails, and coordination during the Section 408 process with the US Army Corps of Engineers. Plan drawings include key elevations required for construction plus relevant dimensions. Profile drawings include existing and proposed elevations. Section drawings include existing and proposed dimensions including key elevations and break points. Deliverables include typical drawings. Includes one set of revisions following stakeholder review. This item will be billed as a lump sum. $ 138,000 2.4 Final Design (90%) Letting Drawings (Estimate) for Waterfall: Includes plan, profile, and section drawings for waterfall. Includes coordination and review with US Army Corps staff. Plan drawings include key elevations required for construction plus relevant dimensions. Profile drawings include existing and proposed elevations. Section drawings include existing and proposed dimensions including key elevations and break points. Deliverables include typical drawings. Includes one set of revisions following stakeholder review. This item will be billed as a lump sum. $ 6,800 2.5 Final Design (90%) Letting Drawings (Estimate) for Walkway and 6th Street Access: Includes plan, profile, and section drawings for Walkway and 6th Street Access, and coordination during the Section 408 process with the US Army Corps of Engineers. Plan drawings include key elevations required for construction plus relevant dimensions. Profile drawings include existing and proposed elevations. Section drawings include existing and proposed dimensions including key elevations and break points. Deliverables include typical drawings. Includes one set of revisions following stakeholder review. This item will be billed as a lump sum. $ 36,000 Page 3 of 4 Riverwise Engineering, LLC PO Box 706 Durango, CO 81301 www.riverwise.org des by SAS 12/12/2022 2.6 Final Design (90%) Letting Drawings (Estimate) for Low Dam : Includes plan, profile, and section drawings for the Low Dam near 6th Street and coordination with SHPO during the archeological/cultural review to modify the design, if needed. Plan drawings include key elevations required for construction plus relevant dimensions. Profile drawings include existing and proposed elevations. Section drawings include existing and proposed dimensions including key elevations and break points. Deliverables include typical drawings. Includes one set of revisions following stakeholder review. This item will be billed as a lump sum. $ 14,200 2.7 Responses: Respond to questions, comments, and concerns from federal, state, and local permitting agencies including Section 106, 404 and 408 issues. Hourly at $180/hour. Estimated at $15,000- $30,000 2 8 On -site Meetings: Includes two meetings with one RWE representative on- on - site for up to two days to meet with stakeholders, City staff, and sub consultants for issues related to final design construction ready drawings. This item will be billed as a lump sum. $ 8,960 2.9 Environmental Assessment (EA): Includes completion of an EA as requested by the US Army Corps of Engineers district environmental compliance section to meet the National Environmental Compliance Act (NEPA). This item will be billed as a lump sum. $ 30,400 2.10 Expenses: Includes office expenses at $18,900 plus direct expenses associated with Task 2.3 which are $1,900 per trip. $ 22,700 Total: $580,380 Notes: I) Does not include bid (letting)front end documents such as specifications, instructions to bidders, contracting information, bidding services, or construction phase services, nor additional reports or study requests from permitting agencies during the permitting process. Additional budget has been estimated for permit conditions and requests but this is not known until permit submittal. Does not include additional wetland, archaeological, cultural, or any biological surveys that may be requested during permitting and are not noted above. 2) Does not include additional local permits that may be necessary prior to construction including NPDES permit. 3) Does not include completion of a Conditional Letter of Map Revision (CLOMR) or LOMR. Assumes No Rise conditions. 4) Assumes a consultation with US Fish and Wildlife Service will not be necessary and there will not be any Section 7 consultations. 5) Assumes no Historic American Engineering Record documentation, and no memorandum of agreement or mitigation will be required through the Section 106 Consultation and/or historic/archaeological study findings. See Task 1.6 for estimated deliverables. 6) Does not include instream endangered species studies, reviews, and consultations that may result from those studies, reviews, and consultations except as noted in task 1.10. 7) Does not include tasks associated with funding sources and requirements associated with those funding sources. Page 4 of 4 Riverwise Engineering, LLC PO Box 706 Durango, CO 81301 des by SAS www.riverwise.org 12/12/2022