RFP_LRC_2024-04-23.pdf

Rev. 05/23

MINNESOTA DEPARTMENT OF NATURAL RESOURCES

REQUEST FOR PROPOSAL FOR

Little Rock Creek Water Use Conflict

SWIFT Event #2-15575

Date Posted: April 1, 2024

• Responses must be received not later than 2:00PM, Central Time, May 31, 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 www.mn.gov/admin/oep.

http://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.

https://guest.supplier.systems.state.mn.us/psc/fmssupap/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL?& https://mn.gov/mmb-stat/documents/swift/training/trainingguides/swift-sup-portal-mfa.pdf https://mn.gov/mmb-stat/documents/swift/training/trainingguides/swift-sup-portal-mfa.pdf

TABLE OF CONTENTS

Solicitation Content

SECTION 1 – INSTRUCTIONS TO RESPONDERS

SECTION 3 - SUMMARY OF SCOPE……………………………………………………………………………………………………………………………….6

SECTION 4 - PROPOSAL INSTRUCTIONS……………………………………………………………………………………………………………………….8

SECTION 4 – PROPOSAL CONTENT……………………………………………………………………………………………………………………………….9

SECTION 5 – EVALUATION PROCEDURE AND CRITERIA

SECTION 6 – SOLICITATION TERMS

Solicitation Attachments

• Attachment A: Responder Declarations

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

• Attachment C: Cost Detail

• Attachment D: Responder Forms o Veteran-Owned Preference Form [If Applicable] o Workforce and Equal Pay Declaration Page

• Attachment E: Commissioner’s Order

• Attachment F: DNR Expectations for Accessible Documents

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

Steps for Completing Your Response

Follow the steps below to complete your response to this Solicitation:

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

Incomplete Submittals

A response must be submitted along with any required additional documents.

Incomplete responses that materially deviate from the required format and content may be rejected.

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

How to Ask Questions

The contact person for questions is:

Felicia Barnes, Accounting Officer Principal DNR Ecological & Water Resources felicia.barnes@state.mn.us

Questions should be emailed to the contact by 11 calendar days (by 4:30PM, Central Time) prior to the Event end date.

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.

https://www.revisor.mn.gov/statutes/cite/13.37 https://mn.gov/supplier

SECTION 2 – SUMMARY OF SCOPE

Project Overview

The Project is located in Benton and Morrison Counties, Minnesota, near the city of Rice. The Project limits extend to an area within approximately five miles of Little Rock Creek. The Department of Natural Resources (MNDNR) requests proposals from interested consulting engineering firms for professional services to perform all work necessary to analyze options and provide engineering designs to resolve the water-use conflict in the Little Rock Creek area and to protect the stream from negative impacts due to groundwater use. The Commissioner of Natural Resources is seeking proposals that include for each option an engineering plan; an estimate of implementation costs; a potential structure of local governance to fund and operate a water supply system; a proposed development schedule;

and an economic evaluation of lost agricultural revenue if no action is taken.

Phase 1 of this contract will consist of design and production of construction contract documents. The project may also consist of a second phase of Construction Management.

Similarly, and dependent on funding availability, the State may choose to request a proposal from the awarded Responder and negotiate Phase 2 with them. Phase 2 of this contract will consist of bidding and construction administration. Responders must not assume that the State will move forward with Phase 2 of this project and will only be scored on their Phase 1 proposal and cost.

Goals and Sample Deliverables

The following goals have been established for the Project:

1. Provide a safe work environment for workers and the public.

2. Completely prevent the spread of all invasive species.

3. Little Rock Creek will remain at least as clean and clear as before project construction and operation.

4. Water quality parameters such as phosphorus, nitrate, dissolved oxygen, temperature, suspended sediment, and streambed sediment will not worsen as a result of a proposed project.

5. Protect the Little Rock Creek stream ecosystem as defined by the Commissioner, and consistent with the sustainable diversion limit established by Commissioner’s order.

6. Minimize annual operation and maintenance efforts and costs.

7. Protect existing water systems and property owners’ ability to develop lands.

8. Meet water quantity and quality requirements of existing irrigation systems.

9. Minimize disruption and adverse impacts to residents and businesses during Project construction.

10. Minimize traffic disruption during Project construction.

11. Ensure full restoration of infrastructure and other property disturbed during Project construction.

12. Avoid or minimize impacts to the environment from Project construction and operation.

13. Allow and encourage innovative ideas in design and construction to achieve the above.

Phase I:

The awarded vendor will prepare and submit the engineering designs to provide a complete system to pump, filter if needed and convey groundwater from nearby aquifers for agricultural irrigation purposes and/or for augmenting streamflow’s that resolve the water use conflict (see Attachment E Commissioner’s order), provide for possible expansion of sustainable irrigation water supply into the future, and protect the Little Rock Creek stream ecosystem as defined by the Commissioner. The awarded vendor is encouraged to recommend design(s) for additional or alternative projects that will improve baseflow in Little Rock Creek sufficient to offset negative impacts to baseflow’s from groundwater use. All proposed options must comply with the sustainable diversion limits as established by the commissioner.

Additional major responsibilities to the successful teams will be quality, safety, and demonstrating that a proposed project design can meet water quality, ecosystem, and other environmental requirements.

Phase I Deliverables to Include:

1. Meet with DNR Project staff for a design kick off meeting. Meeting may be via videoconference.

2. Meet with irrigation water users to identify water supply requirements.

3. Confirm existing condition of current infrastructure in the field. Gather any additional data from testing or inspection that may be required for design.

4. Collect topographic field survey, geology, aquifer or existing infrastructure information as required to scope and design projects. DNR will assist with this deliverable by providing electronic files described reports as requested.

5. Schematic designs (30%) must include locations of new wells, pump stations, proposed water supply lines and electric supply routes and associated costs estimates. Identify conflicts with existing utilities and proposed relocation options if necessary. Include a narrative on how the Project Goals listed earlier in this RFP will be met. Including probable conditions such as water levels and bottom material that will impact designs for stream augmentation.

6. Design development phase (60%); including construction cost estimates. Deliver ArcGIS file of proposed construction limits to the DNR for resource review.

7. Complete design of key project elements to the 90% Level of Final Construction Documents, including a narrative on how the Project Goals listed earlier in this RFP will be met.

8. Conduct a 90% presentation review of the proposed design with the DNR prior to moving to the final design phase or preparing final contract documents.

9. Identify all permits/code review required to construct project.

a. Assign responsibility for permits whether DNR, consultant or construction contractors as is typical of the industry. DNR will assist in assignment as necessary.

10. Schedule to complete final design and construct the project; assuming that project funding is available in July 2026.

11. Prepare a submittal to the Department of Labor and Industry and the Minnesota Pollution

Control Agency for all Code Reviews.

12. Assist DNR with up three meetings to present the design plans to Benton and Morrison

Counties and appropriation permittees and other interested parties in the area.

13. Provide plans for governance, annual operating costs, and the cost of construction for each of the proposed projects.

14. Prepare bid documents and final cost estimate so DNR or another party can advertise and bid project.

a. Allow DNR four weeks for review and approval.

15. Prepare all construction bid addendums for distribution by DNR.

16. Assist as necessary with construction contract bid opening and evaluation of bid abstract and recommendation of award.

17. Deliver ten (10) hard copies and one (1) electronic copy of the engineering designs.

The final documents must be provided in an accessible format per the State of Minnesota Digital Accessibility Standard, which includes Section 508 of the Rehabilitation Act and WCAG 2.0, level AA.

For guidance on what we mean by an accessible document, please see the DNR Expectations for Accessible Documents.

Additional information regarding the project can be found on the following website:

• DNR Releases New Technical Report Regarding Sustainable Groundwater Use in the Little Rock Creek Area (PDF)

• Evaluation of Conceptual Groundwater-Use Management Actions, Little Rock Creek Area (PDF)

• Assessment of instream temperatures in Little Rock Creek near Sartell WMA

• Irrigation system flow meter study (PDF)

• Instream Flow Incremental Methodology (IFIM) Study for Little Rock Creek, Mississippi River –Sartell

Watershed, Minnesota (PDF)

• Groundwater Flow and Groundwater / Stream Interaction in the Little Rock Creek Area (PDF) -

Appendices (PDF), Figures (PDF) https://mn.gov/mnit/assets/Stnd_State_Accessibility_tcm38-61585.pdf https://mn.gov/mnit/assets/Stnd_State_Accessibility_tcm38-61585.pdf https://files.dnr.state.mn.us/waters/groundwater_section/sustainability/littlerock/2022-08-30-lrca-technical-report-release.pdf https://files.dnr.state.mn.us/waters/groundwater_section/sustainability/littlerock/2022-08-30-lrca-technical-report-release.pdf https://files.dnr.state.mn.us/waters/groundwater_section/sustainability/littlerock/lrca-concept-evaluations-report.pdf https://files.dnr.state.mn.us/waters/groundwater_section/sustainability/littlerock/assessment-instream-temperatues-lrca https://files.dnr.state.mn.us/waters/groundwater_section/sustainability/littlerock/lrca-flow-meter-report.pdf https://files.dnr.state.mn.us/waters/groundwater_section/sustainability/littlerock/ifim-study-lrca-report.pdf https://files.dnr.state.mn.us/waters/groundwater_section/sustainability/littlerock/ifim-study-lrca-report.pdf https://files.dnr.state.mn.us/waters/groundwater_section/sustainability/littlerock/lrca-groundwater-report.pdf https://files.dnr.state.mn.us/waters/groundwater_section/sustainability/littlerock/lrca-groundwater-report-appendices.pdf https://files.dnr.state.mn.us/waters/groundwater_section/sustainability/littlerock/lrca-groundwater-report-figures.pdf

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

1. Anticipated Contract Term.

The term of this contract is anticipated to run from June 24, 2024, to June 30, 2025, with the option to extend an additional 2 years in increments determined by the State.

2. Question and Answer Instructions.

All questions should be submitted no later than 11 calendar days (by 4:30PM, Central Time) prior to the Event end date as 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.

3. Additional Tasks or Activities.

Responders are encouraged to propose additional tasks or activities if they will substantially improve the results of the project. 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:

1. Contact Information

A cover letter stating the business name, address, business type (e.g., corporation, partnership, joint venture) and roles of the responder and each major participant. The cover letter must identify one contact person and his or her address, telephone number and email address. This person shall be the single point of contact on behalf of the responder’s organization.

2. Project Understanding

Responder must clearly state on the cover letter their understanding of the objectives, goals, and tasks to show or demonstrate the responder's view and understanding of the nature of the contract.

3. Responder Background and Experience

Describe the experiences on similar water conveyance and transportation projects that the Responder and each Key Personnel has managed, designed, and/or constructed. If the Responder does not yet exist or is newly formed, please explain. For projects in which several of the Key Personnel were involved, the Responder may provide a single project description so long as the respective roles are identified in the description. Highlight experience relevant to the Project. Demonstrate experiences in each of the following areas:

• Experience with the construction of projects of similar scope, size and complexity.

• Experience with the design of projects of similar scope, size and complexity.

• Experience of the proposed participants successfully working together as an integrated team.

Provide project descriptions for at least three (3) projects of similar scope, size and complexity that the Responder has designed and constructed in the past eight (8) years. Each project description must include the following information:

(1) A narrative describing the project.

(2) Name of the project, the owner’s contact information (project manager name, phone number, e-mail address), and project number. If the owner’s project manager is no longer with the owner, provide an alternate contact at the agency who is familiar with the project. The alternate contact must have played a leadership role for the owner during the project.

(3) Dates of the design and the construction of the projects.

(4) Detailed description of the work or services provided, and percentage of the overall project actually performed.

MNDNR may elect to use the information provided as a reference check.

4. Key Personnel

Resumes of key personnel required by this section will be used in the qualitative assessment of the request for proposal.

Include the following items on each resume:

a. A brief narrative describing the individual’s recent career.

b. Relevant licensing in Minnesota as a Professional Architect, Engineering, Land Surveying, Landscape Architecture, Geoscience, or Interior Design (AELSLAGID).

c. Years of experience performing similar work.

d. Length of employment with current employer.

e. Actual design work examples from similar projects including duties performed, percent of time on the job, and dates of work performed. MNDNR prefers relevant experience (for example conceptual design will not count as final design experience, management of designers alone will not count as design experience, etc.).

f. Narrative and photos of projects constructed.

5. Approach and Methodology

The purpose is for responders to describe their proposed project approach and methodology to be utilized for the project and describe the deliverables to be provided. This approach must include the following:

• The overall project approach.

• A breakdown of the project tasks, detailing the tasks and how they will be completed.

• Deliverable due dates and an overall project schedule.

6. 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

5. Attachment E: Commissioner’s Order

6. Attachment F: DNR Expectations for Accessible Documents

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)

4. 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:

• Proposals must be received on or before the due date and time specified in this solicitation.

5. 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:

1. Expressed understanding of project objectives 100 points

2. Responder Background and experience 200 points

3. Qualifications and experience of key personnel 200 points

4. Approach and Methodology 200 points

5. Cost Detail 300 points

6. 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 June 15,2024.

SWIFT Contract No.:

SECTION 6 – SOLICITATION TERMS

7. 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.

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.

SWIFT Contract No.:

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.

https://mn.gov/admin/business/vendor-info/oep/