ptrfp_Feasibility_Study_Frontenac_Pond.docx

State of Minnesota Department of Natural Resources

REQUEST FOR PROPOSAL

Frontenac Pond Outlet Analysis and Feasibility Study SWIFT Event #2000016335 Date Posted: October 17, 2024

· Responses must be received not later than 2:00 PM, Central Time, November 8, 2024

· Late responses will not be considered

Minnesota’s Commitment to Diversity and Inclusion The State of Minnesota is committed to diversity and inclusion in its public procurement process. The goal is to ensure that those providing goods and services to the State are representative of our Minnesota communities and include businesses owned by minorities, women, veterans, and those with substantial physical disabilities. Creating broader opportunities for historically under-represented groups provides for additional options and greater competition in the marketplace, creates stronger relationships and engagement within our communities, and fosters economic development and equality.

To further this commitment, the Department of Administration operates a program for Minnesota-based small businesses owned by minorities, women, veterans, and those with substantial physical disabilities. For additional information on this program, or to determine eligibility, please call 651-296-2600 or go to the Office of Equity in Procurement home page, at www.mn.gov/admin/oep.

SPECIAL NOTICE: This is a request for proposal. It does not obligate the State of Minnesota to award a contract or complete the proposed program, and the State reserves the right to cancel this solicitation if it is considered in its best interest.

This Solicitation requires proposals to be submitted through the SWIFT Supplier Portal. Please note the security changes below that may impact responders from submitting a timely response.

SWIFT SUPPLIER PORTAL SECURITY CHANGES

There are new security measures that the Minnesota Management and Budget implemented on October 16, 2022. It is a new multi-factor authentication (MFA) to enhance the security of the State of Minnesota Supplier Portal. MFA is an authentication method that requires bidders and suppliers provide two verification factors to log into the SWIFT Supplier Portal. The goal of MFA is to create a layered defense that makes it more difficult for unauthorized system access to occur.

For information about these changes, please refer to the SWIFT Supplier Portal Multi-Factor Authentication FAQ document.

If you have not done so already, please make sure to log into the SWIFT Supplier Portal as soon as possible to get this authentication set up early so there are no issues when submitting a response to an RFP.

You are strongly encouraged to set your MFA during business hours of 8:00 A.M. to 4:00 P.M., Central Time, Monday through Friday. You may experience delay setting your MFA after hours.

TABLE OF CONTENTS

Solicitation Content

Solicitation Attachments

· Attachment A: Responder Declarations

· Attachment B: Exceptions to State's Terms and Conditions

· Attachment C: Cost Detail

· Attachment D: Responder Forms

· Veteran-Owned Preference Form [If Applicable]

· Workforce and Equal Pay Declaration Page [Workforce required if anticipated contract and all extensions exceed $100,0000; Equal Pay required if anticipated contract and all extensions exceed $500,000]

· Attachment E: Photos

Sample Contract

· Exhibit A: Contract Terms

· Exhibit B: Insurance Requirements

· Exhibit C: Specifications, Duties, and Scope of Work

· Exhibit D: Pricing

SECTION 1 – INSTRUCTIONS TO RESPONDERS

Step 1: Read the solicitation documents and ask questions, if any Step 2: Write your response Step 3: Submit your response

STEP 1 – READ THE SOLICITATION DOCUMENT & ASK QUESTIONS, IF ANY

How to Ask Questions

The contact person for questions is:

Monica Hanson, Contract Officer Department of Natural Resources monica.hanson@state.mn.us Questions should be emailed to the contact within one week prior to event closing.

Other personnel are not authorized to answer questions regarding this Solicitation.

STEP 2 – WRITE YOUR RESPONSE

The Response Content section is in this link to Section 4. Prepare a written response and supply all requested content. Responses should address the requested information and documents detailed in Section 4. DO NOT INCLUDE Non-Public/Trade Secret data (as defined in this link to Minn. Stat. § 13.37).

Review, sign, and include the Responder Declarations with your response.

STEP 3 –SUBMIT YOUR RESPONSE

Where to Send Your Response

All responses to this solicitation (termed an “Event” within SWIFT) must be submitted through SWIFT using the Supplier portal (https://mn.gov/supplier). Training and documentation on how to submit your response is available through the Supplier portal link above. Fax, e-mail, and printed responses will not be accepted or considered. All costs incurred in responding to this solicitation will be borne by the responder.

Late responses will not be considered. Responses received after End Date above will not be considered, even if errors or delays were caused by issues outside of responders’ control. If you need assistance, please contact the SWIFT Vendor Assistance Helpline at 651-201-8100, Option 1, and then Option 1.

By submitting a response, your company is making a binding legal offer for the period of time set forth below in Section 6, Conditions of Offer.

SECTION 2 – SUMMARY OF SCOPE

Project Background.

The Department of Natural Resources (DNR), Division of Fish and Wildlife is requesting proposals for a feasibility study and project scoping for stabilizing water levels in Frontenac Pond (aka Pleasant Valley Lakelet), located partially in Frontenac State Park, Frontenac, Minnesota.

Frontenac Pond is a locally popular fishery, particularly in the winter. The Frontenac Sportsman Club has taken a very active role in management of the pond, including the installation of a winter aeration system to reduce the potential of winterkill. Historical air photos show that the water level in the pond has fluctuated dramatically over time (see Attachment E, Figure 1). It is important to understand that there has never been a constructed dam or outlet control for the pond. It is the bed elevation of Wells Creek that effectively controls the elevation in the pond. Beaver dams have also affected water elevation at times.

The course of Wells Creek to Lake Pepin, as well as the size and depth of Frontenac Pond, have changed many times since the area was first mapped in the 1870’s. These changes were caused by both natural processes (beaver dams, sedimentation, erosion, stream channel migration) and human alterations (channelization, stream realignment, land use, bridge construction, etc.).

Sometime between 1958 and 1984 the channel of Wells Creek was moved and routed to a new bridge location (see Attachment E, Figure 2). A large earthen embankment on the east side of Wells Creek was (presumably) constructed at the same time. This embankment ensures that Wells Creek does not return to its earlier path but can also deflect flood flows into the pond and the pond outlet channel (see Attachment E, Figure 3).

In 2001, DNR staff investigated complaints of rising water elevation in the pond. The investigation documented a significant rise in the bed elevation of Wells Creek that was attributed to mass erosion of natural sand terraces further up the watershed. The large input of sand raised the bed of Wells Creek by over five feet at the confluence with the outlet channel from the pond (see Attachment E, Figure 4). The pond reached its highest level around 2005 and remained near that level until at least 2009 (see Attachment E, Figure 5). Because the water level in the pond appeared to be stable, measurements were discontinued from 2010 to 2019. The pond and Wells Creek are visible from U.S. Hwy 61/63 and visual observation indicated the pond stayed stable until 2019. However, around 2016 the Wells Creek channel was visibly getting deeper and narrower at both the U.S. Hwy 61/63 and CSAH 2 bridge crossings.

Data recorded at the DNR gaging station at the U.S. Hwy crossing clearly shows the timing and rate of which the Wells Creek bed began downcutting (see Attachment E, Figure 7). Around 2016, Wells Creek began to down cut through the accumulated sand bed load. The drop in the Wells Creek bed increased the head difference in the outlet channel by about 5-6 feet. Since the outlet channel is only about 600 feet long, this caused a head cut to move quickly toward the pond. There was also a large flood event in Wells Creek in March 2019 that likely accelerated the erosion of the outlet channel (see Attachment E, Figure 8).

A temporary sandbag dam (DOW Permit 2020-1357) was installed in June 2020 by DNR, Conservation Corps Minnesota & Iowa (CCMI), and volunteers from the Frontenac Sportsman Club (see Attachment E, Figure 9). The sandbag dam was also covered with rock in April 2021 (DOW permit amended). The temporary dam was initially constructed at an approximate elevation of 683 (NGVD 1929), which was well below pond elevations of 2001-2019 (See Attachment E, Figure 5). The purpose of the dam was not to hold the pond at the higher level, rather it was to prevent the head cut from traveling further upstream into the pond. The dam was intentionally built well below the bank level so the flow would stay in the center and away from the fine sediments of the stream banks. Unfortunately, there were several occasions where unknown persons added to the height of the dam. This caused saturation of the soils at the edges of the dam and the stream would cut around the sides of the dam (see Attachment E, Figure 10). DNR staff repeatedly lowered the center of the dam when we became aware of the alterations.

Current Status and Purpose for Engineering Requisition:

The lower water conditions in the pond generated a considerable number of complaint/concern calls and emails to DNR in 2023. DNR staff met with the Sportsman club and have been responding to calls/emails. Several state legislators have contacted DNR staff and expressed their support in finding a solution to this issue.

The temporary dam is still in place, but it has been altered significantly and is not stable (see Attachment E, Figure 10). As of the last inspection, it is keeping the head cut from moving further upstream into the pond. There is a strong desire by the local public and DNR to stabilize the pond elevation at a level that will support a fish population and other recreational activities. Local DNR staff have identified many of the constraints on this site, but do not have the technical abilities to evaluate/design a project on this site.

During the summer of 2023, beaver moved into the outlet area of the pond and began construction of a series of dams that stabilized and raised the pond to near the high levels that occurred in 2006 and 2009 (see Attachment E, Figure 6). While the uppermost of these dams failed, the lower ones have continued to maintain relatively stable pool elevations in the pond for the last several months. Leakage through these dams, however, has resulted in flow exiting the pond in dispersed locations rather than through the reinforced sill provided by the temporary dam structure (see Attachment E, Figure 11). This flow has eroded small channels into the loose sediment downstream of the pond in multiple locations and poses a risk of loss of pool if the dams were to fail in an unreinforced location.

Site considerations and constraints include:

· Incised stream channels with steep gradient.

· Unconsolidated soils that are primarily silt and sand.

· Naturally dynamic area with complex hydrology.

· Saturated soils that make equipment access and material delivery difficult.

· Earthen embankment that can direct Wells Creek floodwater into the outlet channel.

· Potential for Wells Creek to change course to Lake Pepin over time (i.e. potential for slope and channel length to change).

· There is no known historical “stable” pond level.

· The established OHW may not be high enough for the pond to sustain a fishery. This will need to be investigated and potentially adjusted as part of project implementation.

· Potential for continued presence or disappearance of beaver and their associated activity in the area.

· Past inundation events in the 1990s led to tree loss in this area and the current Reed Canary grass dominated area we have today.

Project Goal.

The Lake City Fisheries office and Frontenac State Park are requesting technical assistance to develop potential alternatives to stabilize the outlet channel to ensure water levels in the pond at a level that will sustain viable fishery and other recreational activities. These options may, but are not required to, include work done on the channel of Wells Creek.

Due to the active engagement of the Sportsman Club, concerned citizens, and legislators – this request is time sensitive.

Sample Tasks:

· Meeting with DNR staff to discuss potential issues and solutions prior to starting scoping work and determine expected timeline for analysis.

· Examination of three or more options that combine cost-effectiveness and long-term success to address the stabilization of Frontenac Pond outlet channel to ensure that water levels in the pond are at a level that will sustain viable fishery and other recreational activities.

Deliverables:

· Submit draft feasibility report to include:

· The projected cost range associated with each preferred option considered under point #2 above with a rough breakdown of cost categories.

· Description of approximate timelines to implement different options.

· Relative risk of failure for options listed under point #2 above, and likely cause of failure (e.g. flood, continued downcutting of Wells Creek, beaver activity, etc.)

· Survey data, model output, structure/project drawings, or maps produced as part of the analysis for this request.

· Prepare/submit final feasibility report to State’s Authorized Representative certified by a professional engineer licensed in the State of Minnesota.

· Full listing of all options considered before focusing on the preferred three options.

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

1. Anticipated Contract Term.

The term of this contract is anticipated to be from November 2024 to June 2025, with the option to extend up to an additional year in increments determined by the State.

Question and Answer Instructions.

All questions should be submitted no later than the date and time listed in Section 1, Instructions to Responders. The State is not obligated to answer questions submitted after the question due date and time.

Only personnel listed above are authorized to discuss this solicitation with responders. Contact regarding this solicitation with any personnel not listed above could result in disqualification. This provision is not intended to prevent responders from seeking guidance from state procurement assistance programs regarding general procurement questions.

If a Responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the solicitation, please immediately notify the contact person detailed above in writing of such error and request modification or clarification of the document.

Additional Tasks or Activities.

Responders are encouraged to propose additional tasks, activities, or goods above and beyond the scope of what is requested in this solicitation if they will substantially improve the results of this procurement. Any costs associated with these additional tasks, activities, or goods should be clearly marked and separated from costs associated with the tasks, activities, or goods specifically requested under this solicitation. Because cost is a factor in the evaluation of responses to this solicitation, failure to separate costs for additional tasks, activities, or goods may result in those costs being included in a responder's cost proposal and result in a lower cost score for that proposal.

SECTION 4 – PROPOSAL CONTENT

Please submit the following information:

Work Plan. Responder should provide a description of the deliverables to be provided by the Responder along with a detailed work plan that identifies the major tasks to be accomplished and be used as a scheduling and managing tool, as well as the basis for invoicing. This document should NOT list cost detail. If cost detail is included in this document, the State may disqualify the proposal as non-responsive. Responder should provide a statement of the objectives, goals, and tasks to show or demonstrate the Responder's view and understanding of the nature of the contract, and what makes the Responder uniquely suited for this work.

Qualifications and Experience. Responder should provide an outline of background and experience. All work must be completed by or under the direct supervision of a professional engineer with 3 years of experience. Provide two examples of similar projects completed.

Cost Detail. Complete and submit Attachment C, “Cost Detail,” attached to this solicitation.

Submit all requested documentation, including, but not limited to, the following documents:

1. Attachment A: Responder Declarations

2. Attachment B: Exceptions to State's Standard Terms and Conditions

3. Attachment C: Cost Proposal

4. Attachment D: Responder Forms

a. Veteran-Owned Preference Form (If Applicable)

b. Workforce and Equal Pay Declaration Page (Workforce required if anticipated contract and all extensions exceed $100,0000; Equal Pay required if anticipated contract and all extensions exceed $500,000)

c. Equal Pay Certificate Form (If Proposal Exceeds $500,000, Including Extension Options)

DO NOT INCLUDE Non-Public/Trade Secret data (as defined by Minn. Stat. § 13.37).

SECTION 5 – EVALUATION PROCEDURE AND CRITERIA

The State will conduct an evaluation of responses to this Solicitation. The evaluations will be conducted in three phases:

Phase 1 - Review responses for responsiveness and pass/fail requirements Phase 2 - Evaluate responses Phase 3 - Select finalist(s)

1. Phase 1 – Responsiveness and Pass/Fail Requirements The purpose of this phase is to determine if each response complies with mandatory requirements. The State will first review each proposal for responsiveness to determine if the Responder satisfies all mandatory requirements. The State will evaluate these requirements on a pass/fail basis.

Mandatory Requirements. The following will be considered on a pass/fail basis:

· Responses must be received by the due date and time specified in this RFP.

Phase 2 - Evaluate Responses Only those responses found to have met Phase 1 criteria will be considered in Phase 2.

The factors and weighting on which responses will be evaluated are:

Preference points are described under Solicitation Terms and will be applied to the total score after points have been awarded.

Phase 3 - Select Finalist(s) Only those responses that have been evaluated under Phase 2 shall be eligible for Phase 3.

The State will make its selection based on best value, as determined by this evaluation process. The State reserves the right to pursue negotiations on any exception taken to the State’s standard terms and conditions. In the event that negotiated terms cannot be reached, the State reserves the right to terminate negotiations and begin negotiating with the next highest scoring responder or take other actions as the State deems appropriate. If the State anticipates multiple awards, the State reserves the right to negotiate with more than one Responder.

It is anticipated that the evaluation and selection will be completed by November 2024.

SECTION 6 – SOLICITATION TERMS

1. Competition in Responding The State desires open and fair competition. Questions from responders regarding any of the requirements of the Solicitation must be submitted in writing to the Solicitation Administrator listed in the Solicitation before the due date and time. If changes are made the State will issue an addendum.

Any evidence of collusion among responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.

Addenda to the Solicitation Changes to the Solicitation will be made by addendum with notification and posted in the same manner as the original Solicitation. Any addenda issued will become part of the Solicitation.

Data Security - Foreign Outsourcing of Work is Prohibited All storage and processing of information shall be performed within the borders of the United States. This provision also applies to work performed by subcontractors at all levels.

Joint Ventures The State allows joint ventures among groups of responders when responding to the solicitation. However, one responder must submit a response on behalf of all the others in the group. The responder that submits the response will be considered legally responsible for the response (and the contract, if awarded).

Withdrawing Response A responder may withdraw its response prior to the due date and time of the Solicitation. For solicitations in the SWIFT Supplier Portal, a responder may withdraw its response from the SWIFT Supplier Portal. For solicitations done any other way, a responder may withdraw its response by notifying the Solicitation Administrator in writing of the desire to withdraw.

After the due date and time of this Solicitation, a responder may withdraw a response only upon showing that an obvious error exists in the response. The showing and request for withdrawal must be made in writing to Solicitation Administrator within a reasonable time and prior to the State’s detrimental reliance on the response.

Rights Reserved The State reserves the right to:

· Reject any and all responses received;

· Waive or modify any informalities, irregularities, or inconsistencies in the responses received;

· Negotiate with the highest scoring Responder[s];

· Terminate negotiations and select the next response providing the best value for the State;

· Consider documented past performance resulting from a State contract may be considered in the evaluation process;

· Short list the highest scoring Responders;

· Require Responders to conduct presentations, demonstrations, or submit samples;

· Interview key personnel or references;

· Request a best and final offer from one or more Responders;

· The State reserves the right to request additional information; and

· The State reserves the right to use estimated usage or scenarios for the purpose of conducting pricing evaluations. The State reserves the right to modify scenarios, and to request or add additional scenarios for the evaluation.

Samples and Demonstrations Upon request, Responders are to provide samples to the State at no charge. Except for those destroyed or mutilated in testing, the State will return samples if requested and at the Responder’s expense. All costs to conduct and associated with a demonstration will be the sole responsibility of the Responder.

Responses are Nonpublic during Evaluation Process All materials submitted in response to this Solicitation will become property of the State. During the evaluation process, all information concerning the responses submitted will remain private or nonpublic and will not be disclosed to anyone whose official duties do not require such knowledge. Responses are private or nonpublic data until the completion of the evaluation process as defined by Minn. Stat. § 13.591. The completion of the evaluation process is defined as the State having completed negotiating a contract with the selected responder. The State will notify all responders in writing of the evaluation results.

Trade Secret Information Responders must not submit as part of their response trade secret material, as defined by Minn. Stat. § 13.37.

In the event trade secret data are submitted, Responder must defend any action seeking release of data it believes to be trade secret, and indemnify and hold harmless the State, its agents and employees, from any judgments awarded against the State in favor of the party requesting the data, and any and all costs connected with that defense.

The State does not consider cost or prices to be trade secret material, as defined by Minn. Stat. § 13.37.

A responder may present and discuss trade secret information during an interview or demonstration with the State, if applicable.

Conditions of Offer Unless otherwise approved in writing by the State, Responder’s cost proposal and all terms offered in its response that pertain to the completion of professional and technical services and general services will remain firm for 180 days, until they are accepted or rejected by the State, or they are changed by further negotiations with the State prior to contract execution.

Award Any award that may result from this solicitation will be based upon the total accumulated points as established in the solicitation. The State reserves the right to award this solicitation to a single Responder, or to multiple Responders, whichever is in the best interest of the State, providing each Responder is in compliance with all terms and conditions of the solicitation. The State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re-issue the solicitation, whichever is in the best interest of the State.

Requirements Prior to Contract Execution Prior to contract execution, a responder receiving a contract award must comply with any submittal requests. A submittal request may include, but is not limited to, a Certificate of Insurance.

Targeted Group, Economically Disadvantaged Business, Veteran-Owned and Individual Preference Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. § 16C.16, businesses that are eligible and certified by the State as targeted group (TG) businesses, economically disadvantaged (ED) businesses, and veteran-owned businesses will receive points equal to 12% percent of the total points available as preference.

For TG/ED/VO certification and eligibility information visit the Office of Equity in Procurement website at https://mn.gov/admin/business/vendor-info/oep/ or call the Division’s Helpline at 651.296.2600.

Reciprocity State shall comply with Minn. Stat. § 16C.06, subd. 7, as that applies to a non-resident vendor. This paragraph does not apply for any project in which federal funds are expended.

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