RFP_Hartley_Pond_Tischer_Creek_Final.docx

State of Minnesota Department of Natural Resources

REQUEST FOR PROPOSAL

Full Design of the Hartley Pond/Tischer Creek Project SWIFT Event #2000018388 Date Posted: June 8, 2026

· Responses must be received not later than 2:00PM, Central Time, June 29, 2026

· Late responses will not be considered

· As of July 1, 2025, certain terms are unenforceable in state contracts. See Session Laws, 2025 Regular Session, Chapter 39, Article 2, Sec. 45.

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 651.201.2402 or go to the Office of Equity in Procurement home page, at https://mn.gov/admin/business/vendor-info/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 Form

· Workforce and Equal Pay Declaration Page

· Attachment E: Reference Form

· Attachment F: Final Hartley Pond & Dam Feasibility Study

Sample Contract

· Exhibit A: Contract Terms

· Exhibit B: Insurance Requirements

· Exhibit C: Federal Fund Requirements

· Exhibit D: Certification of Lobbying Disclosure

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 by June 17, 2026.

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 Overview The Minnesota Department of Natural Resources (MNDNR), Division of Fish and Wildlife, Section of Fisheries requests proposals for consulting services to facilitate the completion of the final design process for the Hartley Pond/Tischer Creek Project (Project) in Duluth, Minnesota. This process will be led by the MNDNR in close coordination with the City of Duluth (City), Hartley Nature Center (HNC) and with the assistance of several municipal, County, State and Federal partners.

The preferred alternative for the final design was generated by the Hartley Pond/Tischer Creek Feasibility Study (FS). The Duluth City Council voted in support of allowing the FS preferred alternative to be moved into final design, with funding from the Great Lakes Restoration Initiative and administered by the MNDNR. The FS and other supporting documents identified in the document are contained in Attachment F.

Tischer Creek is in Duluth, Minnesota, and flows into Lake Superior. The Creek is 11.2 miles in length with a watershed that contains a mix of urban and natural landscapes within the 7.0 square mile drainage area (Figure 1. Map of Tischer Creek Watershed). Tischer Creek is a MNDNR Designated Trout Stream and supports a naturally reproducing Brook Trout population. Although much of Tischer Creek and the surrounding watershed are in relatively good condition, there are urbanized, impounded and channelized portions where the ecological functions are degraded. Specifically, the Minnesota Pollution Control Agency (MPCA) lists Tischer Creek as impaired for aquatic recreation due to E. coli. Tischer Creek is also listed as impaired for chloride. The Creek also suffers from what has been termed “urban stream syndrome” in areas that are heavily impacted by development and effluent from stormwater infrastructure. Despite this, local resource professionals consider the overall watershed to have a high potential for maintaining cold water in the face of climate change, which makes it a priority for the focus of efforts to enhance its resilience. Full design of and eventual construction of the Project will substantially enhance the resilience of this important cold-water trout resource and urban watershed.

Figure 1. Map of Tischer Creek Watershed

Tischer Creek Watershed Roadmap to Resilience The MNDNR and its partners have been pursuing a climate change mitigation strategy for small cold-water watersheds along the North Shore of Lake Superior. This process resulted in the production of what is called “Roadmaps to Resilience” (Roadmap). The Roadmap for Tischer Creek Watershed was completed in conjunction with the FS. Numerous partners are now applying their resources to advance projects identified in the Roadmap. The Project described in this RFP is identified as a high priority objective in the Roadmap.

Hartley Pond/Tischer Creek Feasibility Study Hartley Park has a surface area of approximately one square mile and is located entirely within the City of Duluth and Tischer Creek watershed. The HNC is located within Hartley Park and utilizes Hartley Pond and Tischer Creek in outdoor environmental programming. The City has enrolled Hartley Park in the Duluth Natural Area Program. In 2019, as part of the Duluth Natural Area Program, the City completed a management plan for the Park as well as a scoping document to provide guidance for completion of a FS to mitigate the negative impacts of Hartley Pond on Tischer Creek. Hartley Pond, which is a mainstem, in-line reservoir on Tischer Creek, is also located within Hartley Park. Hartley Pond has a surface area of 12 acres and a maximum depth of 7 feet (Figure 2. Hartley Pond/Tischer Creek Project Area). Hartley Pond is formed by an earthen dam with a concrete, top-water drawdown structure. The temperature of water leaving the pond during the summer can be lethal to Brook Trout one mile downstream. Additionally, the pond is a barrier to the migration of fish and other aquatic organisms as well as a barrier to the natural transport of sediment down the system. It has been a priority of the MNDNR for many years to mitigate this negative impact. To that end, the most important objective listed in the City’s Hartley Park Management Plan was completion of a FS to determine the most effective alternative to mitigate the negative impacts of Hartley Pond on Tischer Creek. The MNDNR, in partnership with the City, and with the assistance of several natural resource management partners completed the FS in 2024. Agencies involved with the FS included the South St. Louis Soil and Water Conservation District, MPCA, 1854 Treaty Authority, St. Louis County, and the University of Minnesota, Duluth. Non-government organizations involved with the FS included the Izaak Walton League of America, Trout Unlimited and the Arrowhead Flyfishers.

Figure 2. Hartley Pond/Tischer Creek Project Area

The FS report produced by the contractor and Steering Committee presents the evaluation of each alternative’s potential short and long-term trajectories for Hartley Dam, Hartley Pond, and Tischer Creek. The dam is owned and maintained by the City. The FS produced conceptual-level designs and economic analyses of alternatives for the Project to aid the City in future planning and decision-making. The preliminary conceptual designs and associated cost estimates were developed to compare and evaluate estimated construction and lifecycle costs.

The following plans and studies related to Hartley Pond and Dam were compiled and reviewed for completion of the FS and are available for all bidders on the State SharePoint Site. There is also other supporting documentation on this site. To access, email monica.hanson@state.mn.us for a link to the site. Access will require a Microsoft Account.

· City of Duluth - Hartley Duluth Natural Areas Program Management Plan

· City of Duluth - Hartley Park Mini-Master Plan

· MPCA - Restoration Strategy – Duluth Urban Area Watershed Restoration and Protection Strategy Document

· Hartley Dam Emergency Action Plan

Extensive hydrologic and hydraulic modeling was completed by the FS contractor to accurately describe existing conditions and predict how feasibility study alternatives would impact potential flooding downstream. The existing dam structure provides a buffer to increased runoff events and potential related damage to downstream infrastructure and residential properties. The Tischer Creek dynamic hydrologic and hydraulic model estimates that a 100-yr, 24-hr precipitation event (6.41 inches of precipitation), a peak flow of 1,223 cubic feet per second (CFS) enters Hartley Pond, with a 680 CFS peak flow downstream of Hartley Pond. These results suggest that the Hartley Pond and surrounding embankment system has an existing capacity to provide 543 CFS reduction in flow resulting from a 100-yr, 24-hr precipitation event. The primary and secondary spillways were both active during the event simulation/modeling with the primary spillway accounting for most of the flow (approximately 641 CFS). Flow has never been recorded through the emergency spillway during historic runoff events. It is presumed that the pond’s capacity for peak flow mitigation is influenced by the intensity and duration of the precipitation event, the water level in the pond when the event hits and prior soil moisture conditions.

The 100-yr, 24-hr precipitation event represents a flashy precipitation and stream flow event, where there is an intense and short-duration period of rain, resulting in a short duration of high flow within the stream channel.

Four alternatives were evaluated by the FS. They included: 1) no action; 2) stream route around; 3) dam removal; 4) open-bottom culvert through the dam embankment with and without a pond. Each alternative was described in detail and was scored with a multi-criteria decision analysis tool developed by the contractor and Steering Committee. Although dam removal scored highest based on the analysis, the City considered it impractical based on a heightened risk of downstream flooding if the dam were removed. The next highest scored alternative was the open-bottom culvert through the dam embankment with a pond (Alternative 4).

Alternative 4 proposes the installation of an open-bottom culvert through the dam embankment (Figure 3. Plan view schematic of the open-bottom culvert) at the approximate elevation of the historic channel. The culvert (Figure 4. Culvert design and spacing for Alternative 4) and streambed in the culvert would be designed to pass fish and bank full flows without restriction but would restrict flow at the level equal to or greater than the five-year flood event. This alternative would leave the rest of the dam embankment, the spillway, and the emergency spillway in place and functioning as designed. The channel will be restored within its natural valley, thus restoring the channel connectivity and floodplain ecology. During an intense rainfall event, the floodplain in the former impoundment will temporarily hold back flood flows to the point where the existing spillway is reached. It is presumed that inundation of the riparian landscape, which will be dependent on the discharge rate of the flow-restricting culvert, should be brief and not severely impactful to the terrestrial vegetation. Modeling will also calculate flood-water storage capacity resulting from draining of the pond, excavation of the floodplain with retention of existing dam function. The final design to be described in this workplan will, to the greatest degree possible, need to allow for fish passage and limit the negative ecological impacts of inundation. A rendering of Alternative 4 outcome is depicted in Figure 5.

Figure 3. Plan view schematic of the open-bottom culvert, including constructed pond alternative

Figure 4. Culvert design and spacing for Alternative 4 based on stormwater management model. Modeling associated with the final design will verify the dimension of the culvert to achieve project goals described in the narrative.

Figure 5. Rendering of Alternative 4 post-project condition.

Goals and Objectives The MNDNR, City and project partners developed goals and objectives for the Project based partially on the five components of watershed health developed by the Instream Flow Council, which are biology, hydrology, geomorphology, water quality and connectivity. The following goals and objectives should be considered an overarching guide for completion of the Project:

Goals

1) Relax constraints on the ecological and geomorphic functions of Tischer Creek caused by the Hartley Dam by fully designing the preferred alternative identified in the FS.

2) Ensure that the fully designed Project satisfies and is consistent with a service agreement between the MNDNR and City.

3) Preserve and/or increase the historical, ecological, recreational, educational, and aesthetic value of Tischer Creek and the Hartley Nature Center.

4) Develop design outputs that will pass fish and bank full flow without restriction but would restrict flow at the level equal to or greater than the five-year flood event.

Objectives

1) Biology – Expand the extent of Tischer Creek with appropriate water quality, habitat and connectivity to support a self-sustaining brook trout fish assemblage.

2) Hydrology – Restore the natural stream hydrology processes in Tischer Creek given the current land use.

3) Geomorphology – Create a stable channel and floodplain with diversity of habitat

4) Water Quality – Enhance water quality (temperature and sediment transport/stability) of Tischer Creek and associated water bodies.

5) Connectivity – Restore longitudinal connectivity for aquatic organism passage and sediment transport continuity in Tischer Creek. Maintain and restore lateral connectivity of the stream to its floodplain.

6) Recreational – Maintain existing and important ecosystem services within Hartley Park such as fishing, skating, skiing, running, biking, bird watching and hiking. Enhance Brook Trout angling opportunities.

7) Aesthetics – Restore conditions that appear and function as natural as possible.

8) Education – Maintain and/or enhance outdoor educational opportunities associated with Hartley Nature Center.

9) Flooding – Do not increase flow above the level equal to or greater than the five-year flood event.

Tasks and Deliverables.

Full Design of the Hartley Pond/Tischer Creek Project The selected contractor will work with the MNDNR, City, HNC and the Steering Committee to apply Great Lakes Restoration Initiative funding to complete the Project. The Project is separated into the three tasks detailed below. The timeline in Table 1 will measure progress toward completion of the project and contains a summary of the deliverables listed in the task sections.

Table 1. Approximate Project Timeline – Full Design of the Hartley Pond/Tischer Creek Project

Identify data gaps Fill data gaps and complete additional sampling Refine flow model developed during FS July, 2026 August, 2026 October, 2026 September, 2026 October, 2026 February, 2027

Task breakdown for the FS process: Completed in partnership between MNDNR, City of Duluth and HNC

Task 1 - Assist MNDNR with completion of QAPP, populate Steering Committee and complete additional data collection.

The Contractor will work together with the MNDNR, City and HNC to identify members of a Steering Committee. The Steering Committee may be populated with resource professionals from MNDNR Section of Fisheries, MNDNR Division of Ecological and Water Resources (EWR), Soil and Water Conservation District, MPCA, HNC, the City, NGOs and local citizens. The Steering Committee will assist the Contractor in the identification of additional data that may inform the full design process and help guide the development of protocols for collection of additional physical data such bathymetry, sediment sampling, geotechnical sampling, and geomorphological surveys.

Task 1 Deliverables:

· Complete QAPP

· Populate Steering Committee

· One (1) field trip with MNDNR, City, HNC staff, and Steering Committee to establish relationships and initiate the full design process

· Two (2) meetings with the Steering Committee focused on identification of data gaps and defining scope/plan for physical sampling

· Identify and fill data gaps that may have been identified during the FS process or through interaction with the Steering Committee

· Plan for physical sampling necessary to support full design process

· Regular project update meetings with MNDNR Project manager

Task 2 - Complete additional physical sampling, produce 30%, 60%, 90% and final design and plan set for Project.

A substantial amount of effort was applied to gather geomorphological survey data necessary for development of FS. That data was focused on stream channel morphology above and below the pond, flood plain topography, topography around the dam and pond and bathymetry within pond. Additional geomorphological data will be collected to support elements of the final design process. That will include but is not limited to surveys of the channel above and below the pond. Additionally, the Contractor will produce a detailed bathymetric survey of current pond conditions, a characterization of sediment types within and above the pond, an analysis of pond sediments suitable for completion of a phase I environmental assessment, and geotechnical surveys and report for areas around the flow restricting culvert and in the area of the existing pond where a pond will be excavated into the post-project ground water table. The Contractor will apply engineering staff trained in Natural Channel design and utilize high quality survey equipment. The Contractor will also apply staff with suitable expertise applicable to design of earthen dams, rehabilitation and reconstruction of earthen dams, installed culverts that would be considered flow restrictive, bathymetric survey, sediment characterization and testing, and geotechnical survey tasks. The Contractor will review and adhere to all specifications contained in the Project QAPP relative to sampling and data collection.

The information generated from tasks identified in the previous section will be used to refine the existing approximately 30% design, generate 60% and 90% designs and produce the final design and plan set. This process will be supported by input from the City, HNC and the Steering Committee. A critical element of the full design process will be to satisfy the City requirements relative to post-project flood conditions. Specific requirements are currently being developed.

Task 2 Deliverables:

· A bathymetric survey of Hartley Pond

· A pond benthic sediment characterization and contaminant analysis report

· A geotechnical survey report for the area around the flow restricting culvert and future pond

· A geomorphological survey to support design of post-project stream condition through the Project site.

· A refined flow model to support Project development relative to City requirements for post-project condition. Deliverable will include all data collection, analysis, design assumptions and modeling compiled into a package to be given to the City’s third-party engineering consultant to verify all work.

· 30%, 60%, 90% and final design and plan set for the Project

· Bid package completed to the greatest degree possible

· Four (4) Meetings with the Steering Committee at appropriate stages of the design process

· Regular project update meetings with MNDNR Project manager

· 5-year vegetation management plan.

· Culvert inspection and operation/maintenance plan.

Task 3 - Advance the population of required state and federal environmental review, permitting and access agreements, and City of Duluth agreements for future construction of the Project

An outcome of the Project is for the Contractor to advance, to the greatest degree possible, all federal, state and local permits related to working in a designated trout stream. The Contractor will work with the Project Manager to arrange consultations with the MNDNR Area Hydrologist, other MNDNR EWR staff and pertinent permitting authorities from other entities to determine permit requirements.

A non-exhaustive list of permits, access agreements and approvals includes:

· MNDNR Work in Public Waters Permit

· Modeling to determine impacts of project on downstream Federal Emergency Management Act (FEMA) floodplain maps, which informs MNDNR Waters Permit and the Memorandum of Agreement between the City and the MNDNR

· State Invasive Species Permit

· USACE –CWA Section 404/10 Permit

· State Erosion Control Permit

· Minnesota Pollution Control Agency (MPCA) Stormwater Permit, 401 Water Quality Certification and Stormwater Pollution Prevention Plan

· National Historic Preservation Act – State Historic Preservation Office and Tribal Historic Preservation Office

· Endangered Species Act (NHIS)

· Local zoning permit (floodplain), City of Duluth Erosion Control Permit, City of Duluth Temporary Access Agreement

· Support from appropriate City of Duluth Commissions and approval from City Council

A Minnesota Environmental Assessment Worksheet (EAW) will be required for the Project. The Contractor will work with the MNDNR and City to populate the EAW, to the greatest degree possible.

Task 3 Deliverables:

· Drafts of all permits and access agreements for the Project, as determined by the Project Manager

· Draft of a Minnesota EAW for the Project

Task 4 - Development and implementation of a community outreach and public engagement process

Hartley Park is one of the most heavily utilized parks in Duluth. Recreational activities focused on Hartley Park and Hartley Pond include fishing, canoeing, exploring, hiking, biking, skiing, running, bird watching, berry picking and youth outdoor programming. Because of its heavy use and location in the community, Hartley Park receives a robust amount of advocacy from users who feel invested in its amenities. It will be critically important to develop an effective public outreach and engagement plan for advancing the Project through full design and into construction.

The Contractor will work with the Project Manager, City, HNC and Steering Committee to build upon the public outreach and engagement process developed during the FS process. Public engagement completed during the FS indicated that there is broad and almost entirely positive support for advancing the preferred alternative. Public engagement during the final design process will be critical to maintaining that support and soliciting input on ecosystem service elements of the project such as the excavated pond, fishing access locations, trails, etc.

Public outreach and input process shall include but are not limited to:

· Integration with HNC and City of Duluth to optimize their resources for achieving the most effective outreach and input process.

· Identification of contacts for surrounding neighborhood groups, non-government organizations and individuals that will be important to the advancement of the FS process.

· Work together with the MNDNR Project Manager and Steering Committee to identify media contacts for public outreach and information.

· Work together with the MNDNR Project Manager to coordinate public outreach and input meetings at appropriate points in the process with generation of supporting information.

Task 4 Deliverables:

· Continue to refine the FS outreach contact list developed for neighborhood groups, non-government organizations, individuals and media that will be engaged during the outreach and input process.

· Meeting preparation and facilitation materials to support two (2) public outreach and engagement meetings at appropriate times during the full design process. Contractor will attend public meetings and assist with facilitation and presentation information.

· Develop information that can be posted at HNC.

Accessibility Any final reports that come out of this project will be required to be accessible. An electronic copy of the report shall be provided in an accessible format per Minnesota Statute 16E.03, sub. 9. State of Minnesota guidelines for creating accessible electronic documents can be found at the following URL: http://mn.gov/mnit/programs/accessibility/. Making electronic documents accessible URL: http://mn.gov/mnit/programs/accessibility/electronic-documents.jsp. Final payment will not be processed until final deliverable has been received and confirmed to be in an accessible format.

Data Compatibility Data collected by the Projects under this Contract that have value for planning and management of natural resources, emergency preparedness, and infrastructure investments shall conform to the enterprise information architecture developed by Minnesota IT Services (MNIT). Spatial data shall conform to geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota Geospatial Information Office (MnGeo). A description of these data that adheres to the State of Minnesota’s geographic metadata standards shall be submitted to the Department of Natural Resources to be made available online, if applicable, through the Minnesota Geospatial Commons. The data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, Chapter 13.

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

1. Anticipated Contract Term.

The term of this contract is anticipated to be from July 2026 to December 2027, with the option to extend up to an additional 3.5 years 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 details. If cost details are 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 with examples of similar work done by the Responder and a list of personnel who will conduct the project, detailing their training, and work experience.

Resumes or other information about project personnel should not, if possible, contain personal telephone numbers, home addresses, or home email addresses. If it is necessary to include personal contact information, please clearly indicate in the response that personal contact information is being provided.

References. Responder should complete and submit “Attachment E: Reference Form” with their response. Responder must submit two (2) reference forms. Forms must be completed by representatives of companies that have previously hired the responder. The representative’s name and contact information must be included in the response. Referenced projects should be complete and of similar scope and scale to the project being solicited. Failure to meet this requirement may result in the rejection of the entire solicitation response as non-responsive.

The State reserves the right to verify the information submitted on Attachment E before an award is made. The State reserves the right to contact the references listed in Attachment E. The solicitation response will be rejected if the State, in its sole discretion, receives information that indicates the responder is non-responsible or non-responsive.

Accessibility of Services or Products.

· Digital technology includes electronic documents, communications with stakeholders and DNR, meetings, presentations, etc.

· Describe how the Responder will ensure that staff and contractors have the knowledge and skills to create accessible digital technology within the scope of the project proposed within this RFP.

· Provide an example of a digital product you have produced and describe how it is accessible.

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. Workforce and Equal Pay Declaration Page

b. Equal Pay Certificate Form

5. Attachment E: Reference Form

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 July 2026.

SECTION 6 – UNENFORCEABLE TERMS AND SOLICITATION TERMS

Unenforceable Terms As of July 1, 2025, certain terms are unenforceable in state contracts. See Session Laws, 2025 Regular Session, Chapter 39, Article 2, Section 45.

Unenforceable terms

(a) A contract entered into by the state shall not contain a term that:

(b) If a contract is entered into that contains a term prohibited in paragraph (a), that term shall be void and the contract is enforceable as if it did not contain that term.

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 651.201.2402.

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.

Invasive Species Prevention The DNR requires active steps to prevent or limit the introduction, establishment, and spread of invasive species during contracted work. The contractor shall prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site.

If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by contractor furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The contractor shall dispose of material cleaned from equipment and clothing at a location determined by the DNR Contract Administrator. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite.The contractor shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non-infested waters. All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated.

Federal Requirements The State has obtained federal funds for this work from the Environmental Protection Agency (EPA), through CFDA 66.469 – Great Lakes Program, Federal Award ID# GL00E05052, Tischer Watershed Roadmap Implementation Phase I Design. The Contractor is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Contractor’s failure to comply with federal requirements.

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