26-99597 - Construction Materials Testing Services for Storm Damage Repairs Projects

Purchasing Division, Finance Department
218-730-5340 | purchasing@duluthmn.gov
Room 120 | 411 West First Street | Duluth, Minnesota 55802
www.duluthmn.gov
City of Duluth Request for Proposals
Construction Materials Testing Services for
Storm Damage Repairs Project
RFP Number 26-99597
Issued Tuesday, July 14, 2026
Proposals due by 3:00 PM CT Tuesday, August 3, 2026
Submit to
City of Duluth
Attn: Purchasing Division
City Hall, Room 120
411 West 1st Street
Duluth, MN 55802
The City of Duluth is an Equal Opportunity Employer.

PART I - GENERAL INFORMATION
I-1. Introduction and project Summary. The City of Duluth is soliciting proposals from qualified
engineering and construction materials testing firms to provide field and laboratory construction
materials testing services for the Storm Damage Civil Sites Repairs Project.
The scope of work includes concrete testing, soils testing (Standard Proctor and gradation), and
density testing associated with the rehabilitation and hazard mitigation of multiple public infrastructure
sites damaged during the 2023 and 2024 storm events. Improvements include stream and shoreline
stabilization, retaining walls, culvert replacement, trail and park infrastructure repairs, boardwalk
construction, grading, drainage improvements, erosion control measures, and site restoration at
multiple locations throughout the City.
Additional detail is provided in Part IV of this RFP.
I-2. Calendar of Events. The City will make every effort to adhere to the following schedule:
Activity Date
Deadline to submit Questions via email to Tuesday, July
purchasing@duluthmn.gov 21, 2026
Answers to questions will be posted to the City website no later Tuesday, July
than this date. 28, 2026
Proposals must be received in the Purchasing Office by 3:00 PM Tuesday, August
on this date. 4, 2026
I-3. Questions & Answers. Any questions regarding this RFP must be submitted by e-mail to the
Purchasing Office at purchasing@duluthmn.gov no later than the date indicated on the Calendar of
Events. Answers to the questions will be posted as an Addendum to the RFP.
I-4. Addenda to the RFP. If the City deems it necessary to revise any part of this RFP before the
proposal response date, the City will post an addendum to its website
https://www.duluthmn.gov/purchasing/bids-request-for-proposals/. Although an e-mail notification will
be sent, it is the Bidder's responsibility to periodically check the website for any new information. Any
addenda issued must be acknowledged on the Proposal Sheet attached as Appendix A.
I-5. Rejection of Proposals. The City reserves the right, in its sole and complete discretion, to reject
any and all proposals or cancel the request for proposals, at any time prior to the time a contract is fully
executed, when it is in its best interests. The City is not liable for any costs the Bidder incurs in
preparation and submission of its proposal, in participating in the RFP process or in anticipation of
award of the contract.

I-6. Small Diverse Business Information. The City encourages participation by minority, women, and
veteran-owned businesses as prime contractors, and encourages all prime contractors to make a
significant commitment to use minority, women, veteran-owned and other disadvantaged business
entities as subcontractors and suppliers. A list of certified Disadvantaged Business Enterprises is
maintained by the Minnesota Unified Certification Program at http://mnucp.metc.state.mn.us/ .
I-7. Agreement. The awarded proposer will be required to sign the agreement attached as Appendix
E. Questions about the agreement should be submitted to purchasing@duluthmn.gov by the question
deadline in the schedule above.
I-8. Award. The agreement award amount will be based on the time and materials submitted in the
proposal, but will be a lump-sum, not-to-exceed agreement.
I-9. Term of Contract. The term of the contract will begin once the contract is fully executed and is
anticipated to end by October 31st, 2027. The selected Bidder shall not start the performance of any
work, nor shall the City be liable to pay the selected Bidder for any service or work performed or
expenses incurred before the contract is executed.
I-10. Mandatory Disclosures. By submitting a proposal, each Bidder understands, represents, and
acknowledges that:
A. Their proposal has been developed by the Bidder independently and has been submitted
without collusion with and without agreement, understanding, or planned common course
of action with any other vendor or suppliers of materials, supplies, equipment, or services
described in the Request for Proposals, designed to limit independent bidding or
competition, and that the contents of the proposal have not been communicated by the
Bidder or its employees or agents to any person not an employee or agent of the Bidder.
B. There is no conflict of interest. A conflict of interest exists if a Bidder has any interest that
would actually conflict, or has the appearance of conflicting, in any manner or degree with
the performance of work on the project. If there are potential conflicts, identify the
municipalities, developers, and other public or private entities with whom your company
is currently, or have been, employed and which may be affected.
C. It is not currently under suspension or debarment by the State of Minnesota, any other
state or the federal government.
D. The company is either organized under Minnesota law or has a Certificate of Authority
from the Minnesota Secretary of State to do business in Minnesota, in accordance with
the requirements in M.S. 303.03.
I-11. Notification of Selection. Bidders whose proposals are not selected will be notified in writing.
PART II - PROPOSAL REQUIREMENTS
II-1. Proposal Submission. To be considered, hard copies of proposals must arrive at the City on
or before the time and date specified in the RFP Calendar of Events. The City will not accept

proposals via email or facsimile transmission. The City reserves the right to reject or to deduct
evaluation points for late proposals.
Proposals must be signed by an authorized official. If the official signs the Proposal Cover Sheet
attached as Appendix A, this requirement will be met. Proposals must remain valid for 60 days or
until a contract is fully executed. Terms of the awarded proposal as stated must be valid for the
project length of time.
Please submit one (1) unbound paper copy of the Technical Submittal and one unbound (1) paper
copy of the Cost Submittal. The Cost Submittal should be in a separate sealed envelope.
All materials submitted in response to this RFP will become property of the City and will become
public record after the evaluation process is completed and an award decision made.
II-2. Proposal Content.
Proposals should include a cover letter that communicates the firm's understanding of the project,
construction type, and timeline. Proposal should also include the scope of proposed services,
assigned personnel and their qualifications, and any assumptions made in the proposal. Proposals
should be limited to 20 pages (10 double-sided pages), exclusive of any City-required forms or
acknowledgements.
Cost proposals must consist of Appendix D - Bid Proposal Form and a price list of other suggested
services related to the construction material testing that the proposer offers.
PART III - CRITERIA FOR SELECTION
The proposals will be reviewed by City Staff. The intent of the selection process is to review
proposals and make an award based upon qualifications as described therein. A 100-point scale will
be used to create the final evaluation recommendations. The factors and weighting on which
proposals will be judged are:
Qualifications of the Bidder and Personnel 40%
Prior experience with similar work 30%
Work Plan 10%
Cost 20%
PART IV - PROJECT DETAIL
The selected firm will provide construction materials testing for the Storm Damage Repairs project
consisting of repairs to public infrastructure damaged during the 2023 and 2024 storm events at
multiple locations throughout the City. Improvements generally include bridge and culvert
construction, retaining walls, drainage improvements, stream and slope stabilization, trail repairs, and
associated site restoration.

Construction is expected to begin in August 2026, with work continuing through the fall and resuming
in spring 2027, to be completed by late fall 2027.
The selected firm will coordinate with the City project manager, design team, and contractor to
efficiently complete the required inspections and testing; attend project meetings if needed; and
summarize and report test findings, issues and recommendations to the project team.
Material testing services will include, but are not limited to, field and laboratory testing of concrete,
soils, aggregates, and structural backfill materials. Services are anticipated to include concrete
sampling and testing, Standard Proctor and gradation testing, in-place density testing, compressive
strength testing, and other materials testing as required by the project specifications. All testing shall
be performed in accordance with the project specifications, City of Duluth Construction Standards,
and applicable ASTM requirements.
APPENDICIES:
Appendix A - Cover Letter
Appendix B - Schedule of Materials Testing
Appendix C - Construction Material Testing List
Appendix D - Bid Proposal Form
Appendix E - Sample Professional Services Agreement

City of Duluth
Supplementary Provisions for State and/or Federally Assisted Activities
1. Disbursements
a. No money under this Contract shall be disbursed by the City to any Contractor unless the
Contractor is in compliance with the Federal Agency requirements with regard to accounting and
fiscal matters to the extent they are applicable.
b. Unearned payments under this Contract may be suspended or terminated upon the Contractor's
refusal to accept any additional conditions that may be imposed by the Federal Agency at any
time; or if the grant, if applicable, to the City under which this Contract is made is suspended or
terminated.
2. Subcontracting Requirements
a. The Contractor shall include in any subcontract the clauses set forth in these City of Duluth
Supplementary Provisions in their entirety and shall also include a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts which they may enter into,
together with a clause requiring this insertion in any further subcontracts that may in turn be
made.
b. The Contractor shall not subcontract any part of the work covered by this Contract or permit
subcontracted work to be further subcontracted without the City's prior written approval of the
subcontractors. The City will not approve any subcontractor for work covered by this Contract
who is at the time ineligible under the provisions of any applicable regulations issued by a Federal
Agency or the Secretary of Labor, United States Department of Labor, to receive an award of such
subcontract.
3. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus
Area Firms.
Per 2 CFR 200.321, prime contractor must take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms (collectively referred to as
socioeconomic firms) are used when possible. The affirmative steps must include:
a. Placing qualified socioeconomic firms on solicitation lists;
b. Assuring that socioeconomic firms are solicited whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by socioeconomic firms;
d. Establishing delivery schedules, where the requirements permit, which encourage participation by
socioeconomic firms; and
e. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
4. Good Faith Efforts.
For purposes of this section, a DBE means an entity owned or controlled by a socially and economically
disadvantaged individual as described by Public Law 102-389 (42 U.S.C. 4370d) or as described by Title
X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note); a Small Business Enterprise (SBE); a
Small Business in a Rural Area (SBRA); or a Labor Surplus Area Firm (LSAF, a Historically Underutilized
Business (HUB) Zone Small Business Concern, or a concern under a successor program.
Per 40 CFR 33.301, prime contractor must make the following good faith efforts whenever procuring
construction, equipment, services and supplies:
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a. Ensure Disadvantaged Business Enterprises (DBEs) are made aware of contracting
opportunities to the fullest extent practicable through outreach and recruitment activities. For
Indian Tribal, State and Local and Government recipients, this will include placing DBEs on
solicitation lists and soliciting them whenever they are potential sources.
b. Make information on forthcoming opportunities available to DBEs and arrange time frames
for contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar
days before the bid or proposal closing date.
c. Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will
include dividing total requirements when economically feasible into smaller tasks or quantities
to permit maximum participation by DBEs in the competitive process.
d. Encourage contracting with a consortium of DBEs when a contract is too large for one of these
firms to handle individually.
e. Use the services and assistance of the SBA and the Minority Business Development Agency of
the Department of Commerce.
Additional contract administrative requirements per 40 CFR 33.302 are:
a. Prime contractor must notify the City in prior to any termination of a DBE subcontractor for
convenience by the prime contractor.
b. If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime
contractor must employ the six good faith efforts summarized above if soliciting a
replacement subcontractor.
c. Prime contractor must provide EPA Form 6100-2 - DBE Program Subcontractor Participation
Form to all of its DBE subcontractors. EPA Form 6100-2 gives a DBE subcontractor the
opportunity to describe the work the DBE subcontractor received from the prime contractor,
how much the DBE subcontractor was paid and any other concerns the DBE subcontractor
might have, for example reasons why the DBE subcontractor believes it was terminated by the
prime contractor. DBE subcontractors may send completed copies of EPA Form 6100-2 directly
to the appropriate EPA DBE Coordinator.
d. Prime contractor must have its DBE subcontractors complete EPA Form 6100-3 - DBE Program
Subcontractor Performance Form, and include all completed forms as part of the prime
contractor's bid or proposal package.
e. Prime contractor must complete and submit EPA Form 6100-4 - DBE Program Subcontractor
Utilization Form as part of the prime contractor's bid or proposal package.
f. Copies of EPA Form 6100-2 - DBE Program Subcontractor Participation Form, EPA Form 6100-3
- DBE Program Subcontractor Performance Form and EPA Form 6100-4 - DBE Program
Subcontractor Utilization Form may be obtained from EPA OSDBU's Home Page on the
Internet or directly from EPA OSDBU.
5. Clean Air Act and Federal Water Pollution Control Act
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA). Contractor agrees to include this provision in any subcontract
exceeding $150,000 that is financed in whole or in part with Federal funds.
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6. Energy Standards.
Contractor shall comply with all mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 U.S.C. 6201).
7. Suspension and Debarment.
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is
required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as
defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The
contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply
with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. A contract award must not
be made to parties listed on the governmentwide exclusions in the System for Award Management
(SAM.gov), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3
CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 19898 Comp., p. 235), "Debarment and Suspension."
SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
8. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352 (as amended)
Contractors must certify that that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352.
9. Telecommunications and Video Surveillance Services or Equipment
In the performance of this contract, Contractor/Supplier shall comply with Public Law 115-232, Section
889, which prohibits the procurement or use of covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities).
For the purpose of public safety, security of government facilities, physical security surveillance of
critical infrastructure, and other national security purposes, use of video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision
Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities)
is prohibited.
In addition, telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or
the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country is prohibited.
10. Changes. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative
agreement, the cost of the change, modification, change order, or constructive change must be allowable,
allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of
project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its
contract that describes how, if at all, changes can be made by either party to alter the method, price, or
schedule of the work without breaching the contract. The language of the clause may differ depending on
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the nature of the contract and the end-item procured.
11. Access to Records. The following access to records requirements apply to this contract:
a. The contractor agrees to provide The City of Duluth, the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representatives access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this contract for
the purposes of making audits, examinations, excerpts, and transcriptions.
b. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
c. The contractor agrees to provide the FEMA Administrator or his/her authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract."
12. DHS Seal, Logo, and Flags. The contractor shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.
13. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement
that FEMA financial assistance will be used to fund the contract only. The contractor will comply
will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and
directives.
14. No Obligation by Federal Government. The Federal Government is not a party to this contract and is
not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.
15. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
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APPENDIX A - SUBMISSION COVER SHEET
CITY OF DULUTH
RFP 26-99597
Bidder Information:
Submitter Name
Mailing Address
Contact Person
Contact Person's Phone Number
Contact Person's E-Mail Address
Federal ID Number
Authorized Signature
Name & Title of Authorized
Signer
Email of Authorized Signer
ACKNOWLEDGEMENT OF ADDENDA
ADDENDUM # INITIAL/DATE
ADDENDUM # INITIAL/DATE
ADDENDUM # INITIAL/DATE
ADDENDUM # INITIAL/DATE