REQUEST FOR PROPOSALS

Transcription

1 REQUEST FOR PROPOSALS PROFESSIONAL SERVICES FOR DES MOINES LEVEE ALTERATIONS PHASES A, B, AND C Phase A Activity ID Phase B Activity ID Phase C Activity ID Purpose: The City of Des Moines, Iowa, (City) is hereby soliciting consultant proposals for professional services to provide design and construction phase services for the following three projects: A. Des Moines Levee Alterations Phase A (Des Moines River upstream of confluence) B. Des Moines Levee Alterations Phase B (Raccoon River upstream of confluence) C. Des Moines Levee Alterations Phase C (Des Moines River downstream of confluence to SE 14 th Street) Consultants may submit on one or more of these projects. One proposal shall be submitted including Attachment 7 identifying which projects the Consultant is submitting for. The City may select one or more consulting firms to complete the projects. This request invites qualified Consultants to submit proposals for accomplishments of the items of work described below under Scope of Services. Proposals shall be prepared and submitted in accordance with the requirements described in this Request for Proposals (RFP). Once the Consultant is selected, a contract will be negotiated based on a mutually agreed upon scope of services. 2. Project Background, Scope, Funding, and Schedule: Background Following the 2008 Midwest flood, the Army Corps of Engineers (USACE) conducted the Des Moines River Regulated Flow Frequency Study (DMRRFFS) to estimate the frequency and magnitude of future reservoir outflows and downstream river flows (see COE 2010 DMRRFFS-FinalReport in Attachment 6). Completed in November 2010 and released in January 2011, the results of the DMRRFFS showed flood flow frequencies have increased over previous USACE estimates and floods like the 1993 and 2008 events are more likely to occur than previously estimated. In addition to identifying the higher risk of flooding, the DMRRFFS showed that the existing levees in downtown Des Moines do not provide reliable protection against a 100-year flood thus effecting accreditation of the levees and impacting FEMA flood hazard mapping. Since January 2011, the City has: Spent $4.2 million in added costs to modify construction projects underway, including the USACE Des Moines & Raccoon Rivers, Iowa project authorized for construction in Water Resources Development Act 2007 and Energy and Water Development Appropriations Act 2010, to increase the level of protection consistent with the increased risk shown in the DMRRFFS. Spent $4.3 million for analysis and design required for USACE Section 408 review and approval of levee system improvements. This includes the local share of approximately $700,000 for the USACE Feasibility Study. Secured $111 million of Iowa Flood Mitigation Program funding (See Attachment 6) for long-term flood mitigation projects to benefit the City and Des Moines Metropolitan Wastewater Reclamation Authority (WRA). Proceeded with flood mitigation improvements that can be accomplished without the USACE Section 408 approval of the overall levee system improvements, including flood gate design, raising the Principal Riverwalk Red Bridge, USACE Downtown Closure project and storm water pump station and interior drainage projects. The City s strategy had included parallel paths of pursuing Federal funding while programming City funds in the Capital Improvement Program and obtaining Iowa Flood Mitigation Program funding. In March 2011, the

2 City initiated professional services to begin responding to the USACE DMRRFFS by working through the USACE Section 408 requirements to improve the levee system to satisfy FEMA accreditation requirements. In August 2015, the USACE began working on the Des Moines Levee System Feasibility Study that was initially funded as part of the FY2015 USACE Work Plan. After working for one year, the USACE determined that the Des Moines Levee System project cannot be economically justified. The USACE terminated the Feasibility Study in October 2016 at the City s request. The City has worked closely with the USACE Rock Island District staff to prepare a Programmatic Section 408 submittal for the City to improve the levee system to meet accreditation requirements with City and Iowa Flood Mitigation Program funding. The Programmatic Section 408 submittal was submitted to the USACE in May 2017 (see Attachment 6) and is currently being reviewed by USACE. USACE estimates the City could receive approval of the Programmatic Section 408 submittal by June Individual (detailed) Section 408 submittals will be required for individual projects. USACE is evaluating if the individual (detailed) Section 408 submittals for individual projects covered under the Programmatic 408 can be approved at the District level (as opposed to Division and/or Headquarters). Scope The City is located at the confluence of the Des Moines and Raccoon Rivers in Polk County, Iowa. The risk of flooding in portions of the City is reduced by the Downtown Levee Local Flood Risk Management (FRM) system, which consists of a series of earthen levees and concrete floodwalls along the Des Moines and Raccoon Rivers. The FRM is divided into three stages: Stage 1 (Reach 3) left descending bank of the Des Moines River. Approximate length of 3.6 miles. Commonly referred to as Des Moines I (DM-I). Stage 2 (Reach 4) right descending bank of Des Moines River, left descending bank of Raccoon River. Approximate length 3.1 miles. Commonly referred to as Des Moines II (DM-II). Stage 3 (Reach 5) right descending bank of Des Moines River, right descending bank of Raccoon River. Approximate length 2.1 miles. Commonly referred to as Des Moines III (DM-III). The DM-I levee system is hydraulically connected to the Red Rock Reservoir Remedial Works Southeast Des Moines/Southwest Pleasant Hill Remedial Works levee. This levee is commonly referred to as the Southeast Des Moines (SEDM) or WRF1 levee system. Therefore, SEDM must be accredited by FEMA in order to obtain FEMA accreditation of DM-I. In 2009, the levees were granted Provisionally Accredited Levee (PAL) status by the Federal Emergency Management Agency (FEMA). The City is currently working towards FEMA accreditation of the DM-I, DM- II, DM-III, and SEDM levee systems. This requires the City to submit documentation that the levees meet the requirements of the Code of Federal Regulations Title 44, Part (CFR 65.10). The City developed a fourphased approach to preparing the required submittals to FEMA. These included: Phase 1: Analysis Phase 2: Final Design and Permitting Phase 3: Construction Phase 4: FEMA Accreditation Application Phase 1 Analyses have been conducted and documented to identify deficiencies relative to CFR accreditation requirements. These reports are included for reference in Attachment 6. The City plans to address these deficiencies by implementing various projects along the levee systems. These projects include levee raises, modification of gatewell and closure structures, installation of embankment protection, and embankment and foundation stability mitigating features such as cutoff trenches or seepage berms. The City has a goal to complete the construction of all these projects by the summer of The projects will be constructed in multiple phases, generally from upstream to downstream along the system. The phases are identified as Phases A thru H in Attachment 5.

3 Des Moines Levee Alterations Phase A (Des Moines River upstream of confluence) Phase A is located in downtown Des Moines and incorporates the upstream reaches of the DM-I and DM-II levee systems along the Des Moines River upstream of the confluence with the Raccoon River. Phase A construction is estimated to cost $2,720,000 (2017 US dollars). Phase A, as shown schematically Attachment 5A, includes the following design/construction components: Earthen levee raises. Sections of earthen levee were identified to have freeboard deficiencies in the Phase 1 Analyses (see Stantec Hydraulic Analysis Report) relative to 44 Section CFR 65.10(b)(1) requirements. The City plans to raise the earthen levees where needed to resolve the freeboard deficiencies. Previous reports identify required crest elevation. Consultant will be responsible for design of levee raise to identified height in Concept Drawings. This shall include verification of acceptable embankment stability, erosion resistance, and settlement allowances. Floodwall raises. Sections of floodwall were identified to have freeboard deficiencies in the Phase 1 Analyses (see Stantec Hydraulic Analysis Report) relative to 44 Section CFR 65.10(b)(1) requirements. The City plans to raise the floodwall levee where needed to resolve the freeboard deficiencies. Consultant will be responsible for design of floodwall to identified height in Concept Drawings. Floodwall replacements (or mitigation). Reaches DM-I J and DM-II A were identified to have freeboard and stability deficiencies in the Phase 1 Analyses (see Stantec Floodwall Analysis Report). The City plans to either replace these floodwall reaches or raise the existing floodwalls in combination with providing stability mitigation measures. Consultant will be responsible for assessing and recommending the most appropriate final design configuration, in addition to production of final design documents. Closure structure modification. Four existing sandbag type closures along DM-I were identified to have freeboard deficiencies in the Phase 1 Analyses (see Stantec Closure Assessment Report) relative to 44 Section CFR 65.10(b)(2) requirements. The City plans to install stoplog type closures to replace the four existing sandbag type closures. Embankment protection improvements. Two DM-I levee reaches in Phase A were identified to have embankment protection deficiencies in the Phase 1 Analyses (see Stantec Embankment Protection Analysis Report) per 44 Section CFR 65.10(b)(3) requirements. The City plans to address these deficiencies by installing new erosion countermeasures or adding to existing erosion countermeasure features. Consultant shall identify appropriate erosion countermeasure type for each reach and prepare final design documents. Gatewell modification (sanitary sewer). An existing sanitary gatewell located along DM-II will need to be modified in association with the corresponding earthen levee raise along the reach (see Stantec Pipe Penetration Evaluation Report). Pipe penetration improvements (i.e. point repair, CIPP lining, etc.) and abandonments. Multiple sewer pipe improvements were identified in the Phase 1 Analyses (see Stantec Pipe Penetration Evaluation Report) per 44 Section CFR 65.10(b)(4) requirements. The Phase 1 Analysis recommended improvements are summarized in the following table for levee reaches associated with Phase A.

4 Des Moines Levee Alterations Phase B (Raccoon River upstream of confluence) Phase B is located in downtown Des Moines and incorporates reaches of the DM-II and DM-III levee systems along the Raccoon River upstream of SW 3 rd Street. Phase B construction is estimated to cost $7,470,000 (2017 US dollars). Phase B, as shown schematically Attachment 5B, includes the following design/construction components: Earthen levee raises. Sections of earthen levee were identified to have freeboard deficiencies in the Phase 1 Analyses (see Stantec Hydraulic Analysis Report) relative to 44 Section CFR 65.10(b)(1) requirements. The City plans to raise the earthen levees where needed to resolve the freeboard deficiencies. Previous reports identify required crest elevation. Consultant will be responsible for design of levee raise to identified height in Concept Drawings. This shall include verification of acceptable embankment stability, erosion resistance, and settlement allowances. Floodwall replacements (or raise with stability mitigation). Floodwall Reach DM-III B was identified to have freeboard and stability deficiencies in the Phase 1 Analyses (see Stantec Floodwall Analysis Report). The City plans to either replace this floodwall reach or raise the existing floodwall in combination with providing stability mitigation measures. Consultant will be responsible for assessing and recommending the most appropriate final design configuration, in addition to production of final design documents. Closure structure addition. The City plans to install a gate type closure along DM-II at the SW 5 th Street pedestrian bridge for access to the levee trail and to resolve freeboard deficiencies identified in the Phase 1 Analyses (see Stantec Closure Assessment Report) relative to 44 Section CFR 65.10(b)(2) requirements. Embankment protection improvements. Multiple reaches along DM-II and DM-III were identified to have embankment protection deficiencies in the Phase 1 Analyses (see Stantec Embankment Protection Analysis Report) per 44 Section CFR 65.10(b)(3) requirements. The City plans to address these deficiencies by installing new erosion countermeasures, replacing existing features, and adding to existing erosion countermeasure features (i.e. riprap). Consultant shall identify appropriate erosion countermeasure type for each reach associated with Phase B and prepare final design documents. Gatewell additions. Multiple locations along DM-II and DM-III will need installation of gatewells on existing stormwater sewer pipes located in or beneath the levee (see Stantec Pipe Penetration Evaluation Report). Sewer pipe improvements. Multiple sewer pipe improvements were identified in the Phase 1 Analyses (see Stantec Pipe Penetration Evaluation Report) per 44 Section CFR 65.10(b)(4) requirements.

5 Des Moines Levee Alterations Phase C (Des Moines River downstream of confluence to SE 14 th Street) This section describes elements included in Phase C of the levee system alterations. Phase C is located in downtown Des Moines and incorporates the downstream reaches of the DM-I and DM-III levee systems along the Des Moines River from approximately the confluence with Raccoon River to just downstream of SE 14 th Street. Phase C construction is estimated to cost $6,650,000 (2017 US dollars). Phase C, as shown schematically Attachment 5C, includes the following design/construction components: Earthen levee raises. Sections of earthen levee were identified to have freeboard deficiencies in the Phase 1 Analyses (see Stantec Hydraulic Analysis Report) relative to 44 Section CFR 65.10(b)(1) requirements. The City plans to raise the earthen levees where needed to resolve the freeboard deficiencies. Previous reports identify required crest elevation. Consultant will be responsible for design of levee raise to identified height in Concept Drawings. This shall include verification of acceptable embankment stability, erosion resistance, and settlement allowances. Embankment protection improvements. Multiple reaches along DM-I and DM-III were identified to have embankment protection deficiencies in the Phase 1 Analyses (see Stantec Embankment Protection Analysis Report) per 44 Section CFR 65.10(b)(3) requirements. The City plans to address these deficiencies by installing new erosion countermeasures, replacing existing features, and adding to existing erosion countermeasure features (i.e. riprap) as identified in the Phase 1 Analyses. Consultant shall identify appropriate erosion countermeasure type for each reach associated with Phase C and prepare final design documents. Geotechnical Mitigations (i.e. seepage mitigation & slope stability improvements). Five reaches along the DM-III levee system were identified with factors of safety that do not meet the defined criteria. These include two reaches with a low riverside factors of safety (one along DM-I and one along DM-III), and three reaches with low factors of safety against piping (one along DM-I, two along DM-III). Consultant will be responsible for assessing and recommending the most appropriate mitigation measure type and final design configuration to address the low factor of safety. Mitigation options may include, but are not limited to, flattening of slopes, seepage berms, cutoff walls or relief wells. Gatewell addition. A gatewell will need to be installed on an existing stormwater pipe just upstream of Scott Avenue along DM-III. Sewer pipe improvements (i.e. repair, CIPP lining, etc.). Multiple sewer pipe improvements were identified in the Phase 1 Analyses (see Stantec Pipe Penetration Evaluation Report) per 44 Section CFR 65.10(b)(4) requirements.

6 Funding These projects will be funded with sales tax increment revenues through the Iowa Flood Mitigation Program and supplemented as necessary with the City s Storm Water Utility Fund. Schedule The City has a goal to complete the construction of all project Phases A thru H, as identified in Attachment 5 by summer The major milestones for Phases A, B, and C are as follows: January 25, 2018 February 21-22, 2018 February 23, 2018 March 9, 2018 April 9, 2018 End of 2018 Proposal Due Date Consultant Interviews (if necessary) City staff selection of Consultant to proceed with negotiation of Professional Services Agreement(s) due to City for Design Phase (Phases A, B, and C) Draft Professional Services Agreement(s) due to City for Design Phase (Phases A, B, and C) City Council Approval of Professional Services Agreement(s) and Notice to Proceed for Design Phase Services (Phases A, B, and C) 30% Design Complete for Phase C (necessary for coordination with the the Scott Avenue Bridge Rehabilitation construction in 2019 and Southwest 1 st Street Multi-Use Trail Bridge Rehabilitation construction to occr in 2020) 2019 Phase A Construction (coordinated with Locust Street Bridge Replacement) Fall Phase B Construction 2021 Early 2022 Phase C Construction

7 3. Proposal Submission: Responses to the RFP must be received by the City of Des Moines as follows: Due Date: Thursday, January 25, 2018 Time: Deliver To: Number of copies: Prior to 2:00 P.M. Pamela S. Cooksey, P.E. City Engineer City Administration Building 400 E. Court Avenue, Suite 200 Des Moines, IA Seven hard copies and one electronic.pdf (on USB drive or CD) During the proposal evaluation, the City reserves the right to request additional written information to assist in the evaluation of proposals. Proposals and written responses to the City s request for additional information shall be signed by the Consultant (if an individual), by an officer of the proposing Consultant, or by a designated agent empowered to bind the Consultant in a contract. Upon receipt, the proposals shall become the property of the City of Des Moines for disposition or usage by the City of Des Moines at its discretion. 4. Proposal Content: To standardize responses and simplify the comparison and evaluation of responses, all proposals must be organized in the manner set forth below, separated into sections, and appropriately labeled. All information and materials requested must be provided in the proposal under a single cover. Attachments 2 and 7 must be completed and included inside the cover of the proposal. The proposal length must be limited to a maximum of 25 single-sided pages, not including Attachments 2 and 7 and dividers and covers. Minimum font size must be ten (10) point. Failure to materially comply with these requirements may, at the City s sole discretion, lead to a loss of Selection Criteria points or result in rejection of a proposal. a. Intent to Submit. Include Attachment 7 in the inside the cover of the proposal with appropriate check boxes marked indicating which (one, two, or all three) projects the firm is submitting for. b. Business Organization (one section for all three projects). The full name and address of the Consultant s organization and the branch office that will perform the services described herein shall be stated. The Principal-in-Charge of the branch office shall be identified. c. Technical Approach and Scope of Work (can either be one section for all three projects or one section for each project marked in the Intent to Submit). The Consultant shall state its understanding of the project as outlined in the Scope of Services. The approach in rendering the services required, including the use of subconsultants, shall be detailed in a proposed Scope of Services. d. Related Technical Experience (one section with maximum of five projects total for all three projects). Descriptions of a minimum of two (2) and a maximum of five (5) projects of similar size and nature shall be submitted. The project description must contain the scope of services performed, location and reference (contact person). The City will also consider Consultant s experience and performance on previous and current City projects. e. Project Staffing and Organization (one section for all three projects). Qualifications of the project manager and personnel, including anticipated subconsultants, with specialized skills shall be highlighted. Qualifications shall include experience, performance, and education. A list of subconsultants that will be used and the work they will perform. Resumes for all key personnel listed shall be included and show the following:

8 i. Name, specialty, and job title. ii. Years of relevant experience with Consultant (and previous employers). iii. Academic degree(s), discipline, and year degree(s) received. iv. Professional registrations. v. Office location where employed. vi. A synopsis of experience, training or other qualities that reflect the individual s related experience and expected contribution to the project. f. Timely Completion of the Project (one section for each project marked in the Intent to Submit). Discuss the Consultant s and anticipated subconsultant s current workload and its ability to complete the project in a timely manner. Consultant s past performance and success in meeting project schedules will be considered as part of Consultant s ability. Include an estimated schedule to complete the project. g. Work Elements (one section for each project marked in the Intent to Submit). Provide a matrix of work elements that would be included, personnel classifications and hours you feel would be appropriate for the work requested. Provide a range of total estimated fees for the professional services requested, including subconsultants. Use the assumed man-hours noted in Attachment 4 for Construction Phase Services for each Project. City requests any hours and costs for Survey Services be broken out (identifiable) in the proposal in case the City elects to perform the Survey services in-house. h. Additional Information (one section for all three projects). Provide any additional information regarding Consultant s experience and capabilities that may be important to the success of the project. 5. Presubmittal Conference: A conference will not be held, however, Consultants submitting proposals are strongly encouraged to make site visits and review the Available City Data listed in Attachment Insurance Requirements: Attachment No. 1, Insurance and Indemnification Requirements, describes the minimum insurance the Consultant must have in order to enter into a professional services contract with the City of Des Moines. All Consultants that submit proposals in response to this RFP will be required to accept and comply with Attachment No. 1, Insurance and Indemnification Requirements if selected, and all proposals must include a completed Attachment 2 inside the cover of the proposal. These requirements are not subject to negotiation. 7. Form of Contract: The City of Des Moines standard form of contract will be used for this professional services agreement. A copy of the standard form of contract will be provided upon request. The contents of this RFP, of a proposal submitted in response thereto, and of the City's official response to a question, objection, or request for clarification or interpretation regarding the RFP, and of any exception to the RFP submitted by the successful Consultant and accepted by the City, shall become part of the contractual obligation and shall be deemed incorporated by reference into the ensuing contract. 8. Scope of Services: A proposed Scope of Services is included as Attachment 4. The proposed Scope of Services is not intended to be a detailed scope of work that will be required as a part of the final professional services agreement, but is intended to provide general information to Consultants wishing to submit proposals. It is the intent of the City to draw upon the expertise and experience of Consultants submitting proposals as to their recommendations as to exact tasks of work to accomplish City goals. The City will negotiate the detailed Scope of Services with the successful Consultant should the City elect to proceed with the project. 9. Contact Person: Any questions concerning the proposals should be directed to Steven L. Naber, P.E., Deputy City Engineer - Design & Construction, 400 Robert D. Ray Drive, Des Moines, Iowa 50317, 515/ , fax 515/ , or slnaber@dmgov.org. 10. Consultant Questions, and Requests for Clarification or Interpretation: After issuance of an RFP, persons or entities who intend to respond to such RFP by submission of a competitive proposal, and who have questions regarding the RFP, or who object to any term, provision, or requirement of the RFP, or who desire clarification or interpretation of any term, provision, or requirement of the RFP, may submit such questions, objections, or

9 requests for clarification or interpretation to the Contact Person named above no later than seven calendar days prior to the proposal due date. Such questions, objections, requests for clarification or interpretation shall be submitted in writing and shall clearly identify the individual or entity submitting same, including the name, address, telephone number, FAX number and address, if any, of such person or entity. 11. City s Response to Consultant Questions, Objections, and Requests for Clarification or Interpretation Issuance of Addenda to RFP: Pamela S. Cooksey, P.E., City Engineer, will respond in writing to all questions, objections, requests for clarification or interpretation presented to the City as provided above or raised or presented at the presubmittal conference as provided above. Only the City's written responses shall be considered the City's official response binding upon the City. In addition to making a written response, the City may issue addenda amending the RFP by changing, deleting, or adding terms, provisions, or requirements to the RFP. Written answers to all written inquiries will be sent to all Consultants that have been sent this RFP and posted on the City website at In no case will verbal communications override written responses or requirements of this RFP. 12. Consultant s Communications with City Officials and Employees Restricted Consultants Prohibited from Attempting to Improperly Influence City Officials or Employees Violation May Be A Crime- Violation May Result in Rejection or Return of Proposal: After issuance of an RFP by the City, persons or entities who intend to respond to such RFP by submission of a competitive proposal, and who desire to pose questions, objections, requests for clarification or interpretation regarding any term, provision, or requirement of the RFP, shall not attempt to contact or communicate with, in writing, electronically, or orally, any City official or employee other than the designated Contact Person. After issuance of an RFP, persons or entities who intend to respond to such RFP by submission of a competitive proposal shall not contact or communicate with, in writing, electronically, or orally, any City official or employee in an attempt to gather information which would be helpful in responding to the RFP, or in an attempt to influence the City's consideration of its competing proposal. In addition, the City may refuse to accept or may return the proposal of any person or entity determined to be in violation of this provision. Contacting other Evaluation and Selection Committee members will be considered inappropriate and may lead to a loss of Selection Criteria points or disqualification, at the discretion of the City Engineer. 13. Cost of Responding to this RFP: The City will not pay for any information requested in the RFP or any cost incurred in submitting proposals, responding to additional questions, or participating in the interview process. 14. Evaluation and Selection Process: Proposals will be evaluated by an Evaluation and Selection Committee established by the City using the Selection Criteria included in Attachment 3 to identify the Consultant or Consultants best qualified to meet the City s needs on this project. The Consultants deemed best qualified by the Evaluation and Selection Committee will be invited for additional presentations and interviews. However, the City reserves the right to request interviews of any, all, or none of the Consultants. 15. City Rejection of Proposals and Reservation of Rights: The City reserves the right to: a. Reject any or all proposals in whole or in part and to waive irregularities in proposals received. b. Request additional information or modifications to proposals prior to award if in the best interests of the City. c. Use any ideas submitted in proposals, except for those which are protected by an enforceable patent or other proprietary right and such idea is identified as protected by patent or other proprietary right and identified as confidential pursuant to Section 21. d. In the event of unsuccessful contract negotiations or contract termination, the City reserves the right to enter into contract negotiations with any other qualified consultants, person(s), or entity. 16. Post Evaluation Notification of Consultants: All Consultants submitting proposals will receive a written response from the City as to which Consultant the Evaluation and Selection Committee selected to proceed with contract negotiation and consideration of award for services related to this RFP. All proposals submitted in response to the RFP become the property of the City and will not be returned to unsuccessful Consultants.

10 17. City Council Consideration of Evaluation and Selection Committee Recommendation as to Best Proposal Opportunity for Input by the Public: When the Evaluation and Selection Committee s recommendation comes before the City Council for consideration, the City Council may request that the Consultant whose proposal is recommended for selection appear before the Council to give a presentation or to answer questions regarding its proposal. Competing Consultants will not be allowed to speak at that time unless a prior request has been made by such a Consultant and permission to speak granted by the Mayor, or unless a City Council member requests that the competing Consultant be allowed to speak and the Council consents to such request. Members of the public may likewise be allowed to speak regarding the selected proposal. The City reserves the right to select another Consultant or other person(s), or entity to complete the Scope of Services if at any phase of project development the City determines, at its sole discretion, that the selected Consultant is not performing work in accordance with executed professional services agreements. 18. Award of Contract: Award of contract by the City Council or City Engineer, if any, will be to the Consultant deemed best qualified by the City, in accordance with the Selection Criteria included in Attachment 3, to perform the services outlined in this RFP. 19. Assignment of Contract Prohibited Unless Approved in Writing by the City: No contract awarded pursuant to RFP shall be assignable by the successful Consultant without the written consent of the City Manager. 20. Statutes and Rules: Chapter 2, Municipal Code of the City of Des Moines, contains policies and procedures for procurement under which this request for proposal is issued. The terms and conditions of this bid or request for proposal, the resulting contract or purchase order or activities based upon this bid or request for proposal shall be construed in accordance with the laws of Iowa. Where statutes and regulations of the United States Government are referenced herein, they shall apply to this bid or request for proposal and resulting purchase order or contract. Wherever differences exist between federal and state statutes or regulations affecting this procurement, interpretation shall be in the direction of that which is most beneficial to the interests of the City of Des Moines. 21. Proposals Not Confidential: Consultant Requests for Confidentiality Under Iowa Open Records Law, Chapter 22 of Iowa Code; Disclosure of Proposal Content: Under Chapter 22 of the Iowa Code, Examination of Public Records, all records of a governmental body are presumed to be public records, open to inspection by members of the public. Section 22.7 of the Iowa Code sets forth a number of exceptions to that general rule, establishing several categories of confidential records. Under this provision, confidential records are to be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information. Among the public records which are considered confidential under this Iowa Code provision, are the following: 3. Trade secrets which are recognized and protected as such by law. 6. Reports to governmental agencies which, if released, would give advantage to competitors and serve no public purpose. Under Chapter 22 of the Iowa Code, the City, as custodian of the proposal submitted in response to a Request for Proposals, may, but is not required, to keep portions of such proposals confidential under exceptions 3. and 6. (noted above). If a responding individual or company in good-faith reasonably determines that a portion or portions of its proposal constitute a trade secret, or should otherwise be kept confidential to avoid giving advantage to competitors, a confidentiality request may be submitted with the proposal identifying which portion or portions of the proposal or bid should be kept confidential and why. The burden will be on each individual Consultant to make such confidentiality request and to justify application of a confidentiality exception to its proposal. The City will not under any circumstance consider the entire proposal to be a confidential record.

11 If a request is thereafter made by a member of the public to examine a proposal including the portion or portions thereof for which a confidentiality request has been made, the City will so notify the Consultant and will keep confidential that portion of the proposal covered by the confidentiality request, pending action by the Consultant requesting confidentiality to defend its request. In that notification, the Consultant requesting confidentiality will be given not more than 5 calendar days within which to file suit in Polk County District Court seeking the entry of a declaratory order and/or injunction to protect and keep confidential such portion of its proposal. Absent such action by a Consultant requesting confidentiality, and absent the entry of a court order declaring such portion or portions of the proposal confidential, the entire proposal will be released for public examination. Consultant shall be responsible for all costs relating to a declaratory judgment or injunctive action, including the payment of any damages assessed and attorney fees and litigation expenses awarded. If the process for selecting the best proposal includes two or more evaluation stages, in which proposals are evaluated at each stage and the field of competing proposals is reduced, all proposals submitted shall be kept confidential, pursuant to Section 22.7 of the Iowa Code, subsection 6 cited above, until completion of the final stage of the evaluation process in order to avoid giving advantage to competing Consultants. Upon completion of the final stage in the evaluation process, all competing proposals shall be subject to disclosure; if not otherwise determined confidential as above provided. 22. Contract Compliance and Non-Discrimination: All Consultants that submit proposals in response to this RFP agree to comply with the requirements of the City of Des Moines Contract Compliance Program, which is available from the City Engineer upon request or may be viewed at the following website: mber%202012).pdf, and has been viewed by the Consultant. In addition, Consultant acknowledges and agrees: a. To comply with any and all applicable provisions of the Des Moines Human Rights Ordinance, Chapter 62 of the Des Moines Municipal Code. b. Not to discriminate against any employees or applicants for employment on the basis of age, race, religion, creed, color, sex, sexual orientation, gender identity, national origin, disability, familial status, or ancestry. c. To include this provision in all agreements associated with this procurement. 23. Iowa Law and Venue: The resulting contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the contract shall only be commenced in the Polk County, Iowa, District Court or the United State District Court for the Southern District of Iowa. If any provision of this contract is held to be invalid or unenforceable, the remainder shall be valid and enforceable. 24. Compliance with All Applicable Laws: All services shall be provided in compliance with all applicable federal, state, and local laws and regulations. The Consultant expressly warrants and guarantees that the services provided do not violate the rights of third parties, including without limitation, copyright, trademark, patent or other intellectual property rights or interests.

12 ATTACHMENT 1 CITY OF DES MOINES, IOWA PROFESSIONAL SERVICES CONSTRUCTION DESIGN INSURANCE & INDEMNIFICATION REQUIREMENTS For purposes of this Attachment and all provisions included herein, the term "Consultant" means and includes the Consultant, its officers, agents, employees, subcontractors, subconsultants and others under the control of Consultant. The term CITY means the City of Des Moines, Iowa and its elected and appointed officials, agents, employees and volunteers. 1. GENERAL The Consultant shall purchase and maintain insurance to protect the Consultant and CITY throughout the duration of the Agreement. Said insurance shall be provided by insurance companies admitted or nonadmitted to do business in the State of Iowa having no less than an A. M. Best Rating of B+. All policies, except professional liability, shall be written on an occurrence basis and in form and amounts satisfactory to the CITY. Certificates of Insurance confirming adequate insurance coverage shall be submitted to the CITY prior to Agreement execution or commencement of work and/or services. 2. INSURANCE REQUIREMENTS A. WORKER S COMPENSATION & EMPLOYER S LIABILITY INSURANCE: The Consultant shall procure and maintain Worker s Compensation Insurance, including Employer s Liability Coverage, both written with State of Iowa statutory limits. Waiver of Subrogation in favor of the CITY is required. B. COMMERCIAL GENERAL LIABILITY INSURANCE: The Consultant shall procure and maintain Commercial General Liability insurance on an occurrence basis with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit covering Personal Injury, Bodily Injury and Property Damage. Coverage shall include: (a) Contractual Liability, (b) Premises and Operations, (c) Products and Completed Operations, (d) Independent Contractors Coverage, (e) Personal and Advertising Injury and (f) Explosion, Collapse and Underground- XCU (when applicable). Waiver of Subrogation in favor of the CITY is required. Coverage shall be no less comprehensive and no more restrictive than the coverage provided by ISO standard Commercial General Liability Policy form ISO CG 0001 including standard exclusions or a non-iso equivalent form. C. PROFESSIONAL LIABILITY INSURANCE: The Consultant shall procure and maintain Professional Errors and Omissions Insurance with limits not less than $1,000,000 per claim and in the aggregate. D. CONTRACTUAL LIABILITY: The General Liability Insurance policy shall include Contractual Liability coverage equivalent to that included in ISO standard form CG To the extent available, the Professional Liability Insurance policy shall also include Contractual Liability coverage. The CITY shall not be included as an Additional Insured on either policy. 9/4//2012 City of Des Moines Professional Services Construction Design

13 E. CANCELLATION & NONRENEWAL NOTIFICATION ENDORSEMENT: The General Liability Insurance and Professional Liability Insurance policies shall be endorsed to provide the CITY with no less than thirty (30) days Advance Written Notice of Cancellation, forty-five (45) days Advance Written Notification for Nonrenewal and ten (10) days Written Notification of Cancellation due to non-payment of premium. Written notifications shall be sent to: Engineering Department, City Hall, 400 Robert D. Ray Drive, Des Moines, Iowa F. WAIVER OF SUBROGATION: To the fullest extent permitted by law, Consultant hereby releases the CITY, including its appointed officials, agents, employees and volunteers and others working on its behalf, from and against any and all liability or responsibility to the Consultant or anyone claiming through or under the Consultant by way of subrogation or otherwise, for any loss without regard to the fault of the CITY or the type of loss involved including loss due to occupational injury. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of this Agreement. The Consultant s policies of insurance shall contain either a policy provision or endorsement affirming the above stated release in favor of the CITY. G. PROOF OF INSURANCE: The Consultant shall provide to the CITY Certificates of Insurance evidencing all insurance coverage as required in paragraphs A through F above utilizing the latest version of the ACORD form. The Certificate(s) of Insurance shall specify the Title of the Agreement under Description of Operations/Locations/Vehicle/Special Items. A Copy of the Cancellation and Nonrenewal Notification Endorsement shall be submitted with the Certificates of Insurance. Mail Certificates of Insurance to: Engineering Department, City Hall, 400 Robert D. Ray Drive, Des Moines, Iowa H. AGENTS, SUBCONSULTANTS AND SUBCONTRACTORS: The Consultant shall require that any of its agents, subconsultants and subcontractors who perform work and/or services on behalf of the Consultant purchase and maintain the types of insurance customary for the services being provided. 3. INDEMNIFICATION REQUIREMENTS For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, pay on behalf of, indemnify, and hold harmless the CITY against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys fees and court costs that may be asserted or claimed against, recovered from or suffered by the CITY by reason of any injury or loss including, but not limited to, personal injury; including bodily injury or death, property damage; including loss of use thereof, and economic damages that arise out of or are in any way connected or associated with Consultant s work, except to the extent caused by or resulting from the negligent act or omission of the CITY or the CITY S employees, consultants, agents or others for whom the CITY is responsible. For professional services rendered, to the fullest extent permitted by law, Consultant agrees to pay on behalf of, indemnify, and hold harmless the CITY against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys fees and court costs and economic damages that may be recovered from or suffered by the CITY that arise out of any negligent act, error or omission of the Consultant, except to the extent caused by or resulting from the negligent act or omission of the CITY or the CITY S employees, consultants, agents or others for whom the CITY is responsible. 9/4//2012 City of Des Moines Professional Services Construction Design

14 Consultant s obligation to indemnify the CITY contained in this Agreement is not limited by the amount or type of damages, compensation or benefits payable under any workers compensation acts, disability benefit acts, or other employee benefits acts. The CITY shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense incurred by Consultant arising out of or in any way connected or associated with Consultant s work, except to the extent caused by or resulting from the negligent act or omission of the CITY or the CITY S employees, consultants, agents or others for whom the CITY is responsible. Consultant expressly assumes responsibility for any and all damage caused to CITY property arising out of or in any way connected or associated with Consultant s work Consultant shall ensure that its activities on CITY property will be performed and supervised by adequately trained and qualified personnel and Consultant will observe all applicable safety rules. For professional service agreements with a total estimated cost to the CITY of $500,000 or more, delete the second paragraph of Section 3 above and replace it with the following: For professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, pay on behalf of, indemnify, and hold harmless the CITY against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys fees and court costs and economic damages that may be asserted or claimed against, recovered from or suffered by the CITY that arise out of any negligent act, error or omission of the Consultant, except to the extent caused by or resulting from the negligent act or omission of the CITY or the CITY S employees, consultants, agents or others for whom the CITY is responsible. 9/4//2012 City of Des Moines Professional Services Construction Design

15 ATTACHMENT 2 ACCEPTANCE OF INSURANCE AND INDEMNIFICATION REQUIREMENTS AND CONFLICT OF INTEREST STATEMENT PROFESSIONAL SERVICES FOR DES MOINES LEVEE ALTERATIONS PHASES A, B, AND C Phase A Activity ID Phase B Activity ID Phase C Activity ID This Attachment 2 shall be completed and included inside the cover of the proposal. Acceptance of Insurance and Indemnification Requirements By signature below, I hereby certify as the Consultant (if an individual), or an officer of the proposing Consultant, or as a designated agent empowered to bind the Consultant in a contract, that the proposing Consultant will be able to meet all of the insurance requirements of Attachment 1, are aware of any additional costs associated with doing so, and agrees to obtain such coverage if selected as the successful Consultant for this project. By signing below, the Consultant agrees that the Insurance and Indemnification Requirements included as Attachment 1 have been read and understood; and will be accepted by the Consultant without modification. Consultant Company Name Signature Name & Title Date Conflict of Interest Statement By signature below, I hereby certify as the Consultant (if an individual), or an officer of the proposing Consultant, or as a designated agent empowered to bind the Consultant in a contract, to the best of the proposing Consultant s knowledge, there are no circumstances that shall cause a conflict of interest in performing services for the City of Des Moines, Iowa. Consultant Company Name Signature Name & Title Date Should the Consultant not be able to certify the above Conflict of Interest Statement, the Consultant shall attach a description of any potential conflicts of interest with the City of Des Moines, Iowa.

16 ATTACHMENT 3 SELECTION CRITERIA The Evaluation and Selection Committee established by the City for this project will evaluate each proposal in accordance with the following criteria to identify the Consultant best qualified to meet the City s needs on this project. The Consultant deemed best qualified by the Evaluation and Selection Committee may be invited for additional presentations and interviews. However, the City reserves the right to request interviews of any, all, or none of the Consultants. If interviews are held, all interviewed proposers will be rescored based upon the below scoring criteria. Item Description Rating Ranges 1. Technical Approach and Scope of Work (0 25) Consultant's understanding of the project objectives and scope of services. Consultant s recommendations for modifications to the scope of services and/or modifications or improvements to the overall project. Consultant s identification of potential problems perceived at this time. Consultant s description of overall approach to efficiently complete the project. 2. Related Technical Experience (0 25) Consultant's experience with similar projects. Consultant shall include information on other organizations for which Consultant has provided comparable consulting services. The City will also consider Consultant s experience and performance on previous and current City projects. 3. Project Staffing and Organization (0-25) Qualifications, including experience, performance and education, of the project manager and personnel, including anticipated subconsultants, with specialized skills shall be highlighted. 4. Geographic Location of Consultant (0 5) Consultant s ability and readiness to timely serve the City. 5. Timely Completion of the Project (0 10) Consultant s current workload and ability to complete the project in a timely manner meeting or exceeding the City s desired completion timeframes specified in the schedule provided in Section 2 of this RFP. Consultant s past performance and success in meeting project schedules will be considered as part of Consultant s ability. Consultant shall include an estimated schedule for the project. Assume Notice to Proceed by April 10, Work Elements (0 5) Appropriateness of estimated staff hours and cost for Design Phase and Construction Phase Services in relation to objectives and methodology for each project. Use the assumed man-hours noted in Attachment 4 for Construction Phase Services for each Project. City requests any hours and costs for Survey Services be broken out (identifiable) in the proposal in case the City elects to perform the Survey services in-house. 7. Additional Information and Factors (0 5) a. City Experience b. Other related information

17 ATTACHMENT 4 SCOPE OF SERVICES PROFESSIONAL SERVICES FOR DES MOINES LEVEE ALTERATIONS PHASES A, B, AND C Phase A Activity ID Phase B Activity ID Phase C Activity ID This proposed Scope of Services is not intended to be a detailed scope of work that will be required as part of the final professional services agreement, but is intended to provide general information to Consultants wishing to submit proposals. The City reserves the right to modify the scope of services to be included in the final professional services agreement. The scope of services described herein includes Design, Permitting and Construction services for the following Phases: A. Des Moines Levee Alterations Phase A (Des Moines River upstream of confluence) B. Des Moines Levee Alterations Phase B (Raccoon River upstream of confluence) C. Des Moines Levee Alterations Phase C (Des Moines River downstream of confluence to SE 14 th Street) The Engineering reports (included in Attachment 6) prepared for the City identify deficiencies relative to CFR The Consultant will be responsible for design of mitigating features that meet the requirements of CFR and those listed in engineering assessment reports prepared by Stantec included in Attachment 6. The Consultant will be required to provide supporting documentation and a certification statement in accordance with CFR to support that the designed and constructed features meet the requirements of CFR The engineering assessment reports prepared in support of the City s planned alterations describe information collected and analyses conducted as part of the study. Information in these reports may be relied upon by the selected Consultant. However, the selected Consultant shall review all data and determine for itself if it is adequate and, if not, provide a scope of work to collect additional required data and information to support their design. DESIGN PHASE SERVICES (FOR EACH PHASE A, B, AND C) The Consultant shall complete final designs and prepare construction documents and permit applications. The Consultant will be responsible for producing design and construction documents to address CFR deficiencies identified in the engineering reports provided in Attachment 6. The Consultant will be responsible for providing supporting CFR documentation to certify that the designed and constructed features meet the requirements of CFR All designs shall be compliant with CFR requirements and those listed in engineering assessment reports prepared by Stantec provided in Attachment 6. Design Phase Services, for each project (Phase A, B, and C), shall include at a minimum: a. Kickoff Meeting & Data Review i. Kickoff meeting ii. Review previous documentation and analyses. Selected consultant shall review previous analyses of design areas and identify additional information needed for design. b. Data Collection i. Identify and collect additional data necessary for design. May include, but is not limited to: 1. Survey (including easement plats) - Provide topographic and boundary survey and preparation of acquisition plats. Assume five (5) Easement Plats are required for each Phase A, B, and C (i.e. 15 plats total for three projects) when providing a range of total estimated fees. The City may elect to remove this

18 Survey scope from the Consultant and complete this Survey work with in-house staff. a. Survey Control The Consultant shall use the following survey control for services under this Agreement: i. Horizontal Control State Coordinate System ii. Vertical Control City of Des Moines Vertical Datum iii. U.S. Survey Feet b. Boundary Retracement Survey The Consultant shall provide Boundary Retracement Survey in accordance with the Iowa Code and City of Des Moines standards. The Consultant shall: i. Research public records in the County Recorder s Office to acquire the current recorded deed(s), subdivision plat(s), recorded survey(s), section corner certificate(s), and other information required to prepare the survey. ii. Reestablish section corners and determine section lines. iii. Perform a field survey locating existing monuments and the best available evidence needed to re-establish the record boundary lines. iv. Provide a certified drawing at a suitable scale depicting the results of the retracement survey including: v. Established boundary lines and corners, including bearings, distances, curve data, etc.; vi. Noted encroachments; vii. Noted and identified discrepancies in the titled descriptions; viii. Noted whether corners were found or set and describing each corner; and ix. Noted area of property in square feet and acres. x. Provide a certified section Corner Certificate Drawing(s) showing the section corners that were established or that differs from existing recorded Corner Certificate(s) that were encountered during the field survey, if applicable. xi. Provide drawings for City s review. xii. Set missing monuments at the corners of the boundary as indicated on the survey drawing in accordance with State and City requirements. xiii. Record the results of the Boundary Retracement Survey with the County Recorder s Office. c. Easement Plats - The Consultant shall provide Easement Plats in accordance with the Iowa Code and City of Des Moines standards. Typically, plats are provided to the City approximately 6-7 months prior to the bid date. The Consultant shall provide a certified drawing at a suitable scale depicting existing right-of-way, existing recorded easements, and need(s) of the proposed easements. The Easement Plats shall be provided to the City for review and for the recording of the Easement Plats at the County Recorder s Office. 2. Utility coordination- The Consultant will contact the owners/operators of the underground utility facilities within the Project Limits to obtain information on the facilities and determine if potential conflicts exist between the existing facilities and the Project. The Consultant will keep a record log of all communication and correspondence with each utility company and provide the record log to the City when requested by the City and prior to the preconstruction conference. 3. Perform Subsurface Utility Engineering (SUE). 4. Geotechnical exploration (if necessary) All borings, if any, shall be in accordance with the USACE requirements for borings in levees. Assume 10 borings for Phase A when providing a range of total estimated fees for Phase A.

19 Assume 20 borings for Phase B when providing a range of total estimated fees for Phase B. Assume 20 borings for Phase C when providing a range of total estimated fees for Phase C. 5. USACE Levee Inspection Reports The Consultant will review the USACE Inspection Reports for the levee system completed in 2017 (City anticipates receiving the 2017 Inspection Reports in January 2018) and identify any deficiencies that should be incorporated in to the Des Moines Levee Alterations projects. c. Permitting i. Prepare joint 404/401 permit application for submittal to USACE Rock Island District and the Iowa DNR Floodplain and Sovereign Lands sections, in addition to any other required permits. ii. Prepare detailed section 408 review submittals at the 60% and 100% submittal stages. iii. Note that a Programmatic Environmental Assessment (PEA) has been prepared and submitted as part of the USACE Section 408 process. This report is available in Attachment 7. iv. Prepare responses to regulatory comments. d. Preliminary (30%) Design i. For Phase C, review Scott Avenue Bridge over Des Moines River Rehabilitation and Southwest 1 st Street Multi-Use Trail Bridge over Raccoon River Rehabilitation plans to identify levee alteration work, if any, that can be coordinated with the bridge projects. ii. Include drawings, specification outline, opinion of probable construction cost. iii. Basis of design report (identifying alternatives considered, supporting analyses demonstrating that design of each component meets CFR 65.10) iv. Design criteria v. Design Review Meeting e. Preliminary (60%) Plans, Technical Specifications, and Estimate of Construction Cost i. Drawings, technical specifications, construction quality control plan, opinion of probable construction cost, basis of design report (submittal to City typically occurs a minimum 104 calendar days prior to the bid date). ii. Detour plan (if necessary) for all roadway and multi-use trail closures. iii. Design Review Meeting. iv. Note: Will be submitted to USACE Section 408 Review. f. Pre-final (95%) Plans, Technical Specifications, and Estimate of Construction Cost i. Plans, technical specifications, construction quality control plan, opinion of probable construction cost (Note: Pre-final (95%) Plans and Technical Specifications shall be biddable documents prepared for City s final review) (submittal to City typically occurs a minimum 62 calendar days prior to the bid date). ii. Design Review Meeting. g. Final Plans, Technical Specifications, and Estimate of Construction Cost i. Drawings, technical specifications, construction quality control plan, opinion of probable construction cost (submittal to City typically occurs a minimum 34 calendar days prior to the bid date). Documents shall be signed and sealed by a Professional Engineer. A certification statement shall be provided by the Engineer that the designed elements meet CFR criteria. ii. Basis of design report, including operation and maintenance requirements for components. iii. Note: Will be submitted to USACE Section 408 Review. iv. Section 408 approval and all permits must be secured prior to bidding. h. Bid Support - Provide assistance to the City during the bidding phase, including attending a prebid meeting, answering questions and preparing any documentation required for any necessary addenda. The City will handle the advertisement for bids and bid letting. i. Public engagement Consultants shall work with City staff to develop a public engagement plan. Assume a minimum one public meeting for each Phase A, B, and C.

20 CONSTRUCTION PHASE SERVICES (FOR EACH PHASE A, B, AND C) Assume 1,000 manhours for Construction Phase Services for Phase A. Assume 2,000 manhours for Construction Phase Services for Phase B. Assume 2,000 manhours for Construction Phase Services for Phase C. This scope assumes the Consultant will perform full-time construction observation. After award of each construction contract, the Consultant shall perform the following construction phase services: 1. Pre-construction Conference: The Consultant shall conduct a pre-construction conference for the project with the Contractor and City and all interested parties to review the contract requirements, details of construction, utility conflicts and work schedule. The Consultant shall prepare and distribute meeting minutes for the conference. 2. Shop Drawings - The Consultant shall review the Contractor's shop drawings and other required submittals for compliance with the contract documents. 3. The Consultant shall answer design interpretation questions from Engineer, Contractor and review agencies. 4. Contractor Payment Requests - The Consultant shall review and process progress payment applications submitted by the Contractor and, based upon its review of construction progress by on-site observation, shall make a recommendation to the Engineer for payment of the appropriate amount for work completed since the last payment application. 5. Change Orders - The Consultant shall negotiate and prepare change orders for approval of the City prior to Contractor s start of work under the change order. 6. During the Construction Services Phase, the Consultant shall confer with the City to report project status. 7. Final Inspection and Punch List; Final Acceptance - The Consultant shall coordinate final inspection and prepare a punch list of items to be completed. On the basis of such inspection, the Consultant shall determine if the project is substantially complete according to the plans and specifications and shall make a recommendation to the Engineer regarding final payment. It is understood that the City will accept the project only after recommendation by the Consultant. 8. The Consultant shall cause its design personnel to make periodic visits to the site at intervals appropriate to the stage of construction and not less than daily, or as otherwise agreed by the City and Consultant in writing, to provide field observation to ascertain the progress and quality of the work completed and to determine if the work is being performed in accordance with the Contract Documents. However, the Consultant shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. Construction Observation services do not include responsibility for construction means, controls, techniques, sequences, procedures or safety. 9. Keep a record or log of Contractors activities throughout construction, including notation on the nature and cost of any extra work or changes ordered during construction. 10. If the Contractor requests a waiver of any provisions of the plans and specifications, the Consultant will make a recommendation on the request to the City for its determination. No waiver shall be granted if such waiver would serve to reduce the quality of the final product. The City shall never be deemed to have authorized the Consultant to consent to the use of defective workmanship or materials. 11. The Consultant will coordinate the acceptance testing and monitoring according to the specifications including the services provided by an independent testing laboratory. 12. Notification of Nonconformance - On the basis of on-site observations as a design professional, the Consultant shall keep the City informed of the progress and quality of the Work and shall guard the City against defects and deficiencies in the Work. The Consultant shall notify the City of any work which is unsatisfactory, faulty, defective, incomplete or does not conform to the Contract Documents, advise and recommend action required to correct or complete such unsatisfactory, faulty, defective or incomplete work and, at the request of the City, see that these recommendations are implemented by the Contractor. 13. The Consultant shall assist the City in the coordination of claims/disputes. 14. The Consultant shall provide records of material submittals, conduct and document material testing in a construction certification report at the completion of construction. 15. The Consultant shall prepare record drawings. Record drawings shall be signed and sealed by a Professional Engineer. 16. The Consultant shall provide a certification statement that the constructed elements meet CFR criteria.

21 ATTACHMENT 5 CITY OF DES MOINES FLOOD MITIGATION PROGRAM

22 ATTACHMENT 5A DES MOINES LEVEE ALTERATIONS PHASE A

23 ATTACHMENT 5B DES MOINES LEVEE ALTERATIONS PHASE B

24 ATTACHMENT 5C DES MOINES LEVEE ALTERATIONS PHASE C