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MILWAUKEE COUNTY
Department of Administrative Services
Airport Engineering Milwaukee Mitchell International Airport
5300 South Howell Ave. Milwaukee, Wisconsin 53207
REQUEST FOR PROPOSAL FOR
Howell Avenue Tunnel Rehabilitation
PROJECT NO. A263-19001
April 2019
4/19/2019 To All Interested Consultants
Project : Howell Avenue Tunnel Rehabilitation
Project No.: A263
Subject : REQUEST FOR PROPOSAL (RFP) The Milwaukee County Department of Administrative Services’ Airport Engineering Office is requesting proposals for professional consulting services for the design of a major rehabilitation of the Howell Avenue Tunnel at Milwaukee Mitchell International Airport (MKE) in Milwaukee, WI.
I. BACKGROUND General Mitchell International Airport (MKE) is a medium hub airport located in Milwaukee, WI. The Howell Avenue Runway Tunnel is located along WIS 38 (Howell Avenue) as it travels under Runway 7R‐25L and Taxiway A at MKE. Refer to Attachment 1 for location map. The structure was originally constructed in 1964. The structure is 801 foot long and includes a two span continuous cast‐in‐place concrete rigid frame founded on cast‐in‐place concrete spread footings. The slab spans are approximately 44’ and 47’. The concrete top slab and end abutments are post tensioned the center pier is conventionally reinforced. Original construction drawings are available electronically and will be posted on the RFP website. In 2017, MKE completed a comprehensive study of the structure. This study graded the structure as ‘fair’ condition and recommended full rehabilitation to extend the useful life of the structure an additional 20 years. The final report is available electronically and will be posted on the RFP website. The proposed work includes designing the recommended elements of the study’s “Major Rehabilitation Scenario” (Attachment 1 or Section 10; Page 41 of Report on RFP website). Note that three of the items are being done under a separate project. These items include Asphalt Surface Rehabilitation – Crack Sealing, Mill and Overlay, and Epoxy Paint on Asphalt Surface. MKE is following the FAA consultant selection process as outlined in AC150‐5100‐14E. This is a qualifications based selection. We will not review fees as part of the proposal review process. MKE will rank the consultant proposals according to qualifications as discussed later in this RFP and enter into contract negotiations with the top ranked consultant.
II. GENERAL PROJECT DESCRIPTION The consultant is to utilize the information in the 2017 study ‘Major Rehabilitation Scenario’ and additional field investigations as needed to develop a rehabilitation strategy, prepare bid plans and specifications for the work and provide construction phase support as outlined below. The consultant shall complete the project drawings and specifications to meet all ICRI, WisDOT, and FAA requirements for rehabilitation of concrete structures. The consultant shall prepare preliminary scope and 90% draft plans for review.
III. SCOPE OF CONSULTANT SERVICES: The successful consultant shall provide all services as
specified per the standard terms and conditions of the Milwaukee County Department of
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Subject: Request for Proposal Project: Howell Avenue Tunnel Rehabilitation Project No.: A263
Administrative Services Consultant Agreement for Professional Services (Type C). A generic sample of this contract will be posted on the RFP website.
1. Preliminary Phase:
a. Review project needs:
i. Gather and review the 2017 study, existing budget, as‐built plans and other
existing data.
1. MKE will provide all available existing data electronically.
ii. Meet with stakeholders to discuss project needs, concerns, issues, etc.
iii. Review and identify all applicable codes and requirements.
b. Site Investigation:
i. Perform field investigations as required to determine parameters needed to
develop preliminary and final designs.
2. Design Phase:
a. Schematic level design
i. Develop schematic phasing and traffic control plans.
ii. Identify work, if any, and its anticipated duration requiring surface pavement
closures (Runway or Taxiway). This includes any work that would penetrate the
horizontal elevation of the runway surface over Howell ave.
iii. Develop typical concrete surface repair details.
iv. Develop typical joint repair details.
v. Develop recommended product types for concrete surface treatments, joint
replacement, etc.
vi. Develop schematic designs for ventilation rehabilitation.
vii. Develop schematic designs for electrical rehabilitation.
viii. Identify any additional project needs.
ix. Prepare preliminary cost estimates.
x. Provide design concepts submittal for stakeholder review and comment.
b. Basis of Design
i. Prepare a basis of design report that summarizes all design decisions and
assumptions to be used in the final design. Share with stakeholders.
1. Revise the document as needed throughout the design process.
c. Airspace Analysis, and Construction Safety Phasing Plan (CSPP)
i. If needed, MKE will prepare these documents and submit them to the FAA.
Provide information on any elevations and/or closures affecting the airfield to
MKE for inclusion in these documents.
d. Design Development.
i. Prepare 90% draft plans for MKE review.
ii. Prepare 90% draft specifications for MKE review.
iii. Work with MKE to develop testing consultant scope of work, if needed. MKE will
advertise and secure contract with the construction phase testing consultant.
iv. Develop cost estimates.
v. Based on cost estimates and budget, the consultant shall develop a construction
bid phasing approach, splitting work into alternates as needed to ensure an
awardable bid based on budget.
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Subject: Request for Proposal Project: Howell Avenue Tunnel Rehabilitation Project No.: A263
e. Develop Final Bid Plans and Specifications.
i. Prepare final bid plans and specifications.
1. MKE will provide template front end specifications.
2. Provide final plans and specs to MKE in PDF format.
3. Bidding Phase:
a. Attend one pre‐bid meeting.
b. Respond to contractor questions and develop addenda, if needed.
c. Analyze bid results.
d. Provide bid award recommendation.
i. MKE will prepare the contract documents.
4. Construction Phase:
MKE will staff a construction coordinator to oversee the day to day construction. The consultant
shall aid in the construction phase as follows:
Assume all work is constructed in one construction season.
a. Attend one preconstruction meeting.
b. Review and approve submittals and shop drawings.
c. Review and comment on testing reports, if required, during construction.
d. Attend a weekly construction progress meeting in person or via teleconference.
e. Review and comment on contractor requests for Information (RFIs)
f. Prepare construction bulletins (CBs).
g. Review and comment on potential change orders.
h. Review and approve payment applications.
i. Provide subject matter expert site visits during the construction phase for technical
questions. Assume one visit every other week during construction.
5. Project Closeout Phase:
a. Prepare as‐build record drawings and O&M manuals.
b. Attend punch list development inspection and final close out inspection.
IV. QUALITY CONTROL
a. Milwaukee County reserves the right to request partial or full reimbursement from consultants for change orders resulting from errors and omissions in the services they are contracted to provide.
V. PROJECT SCHEDULE
a. RFP issued 4/25/2019
b. Pre‐Proposal Meeting 4/30/2019
c. Proposals due 5/10/2019
d. Contract NTP 6/1/2019
e. Design 6/1/2019 – 7/15/2019
f. Bidding 7/15/2019 – 7/31/2019
g. Construction 5/1/2020 – 7/1/2020
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Subject: Request for Proposal Project: Howell Avenue Tunnel Rehabilitation Project No.: A263 VI. PRE‐PROPOSAL MEETING
a. There is an optional pre‐proposal meeting on April 30, 2019 at 2:00pm in the Sijan
Conference Room located in the Gallery of Flight Museum, Main Terminal, General
Mitchell International Airport, 5300 South Howell Ave., Milwaukee, WI 53207
VII. RELATED WORK BY OTHERS
a. MKE will develop drawings, specifications, contract, and contract administration for all work on the surface, which includes asphalt mill and overlay, asphalt crack and joint sealant, and asphalt epoxy paint.
b. MKE will prepare or contract out any required work related to construction phase testing.
VIII. SUBMISSION REQUIREMENTS: The proposal shall conform to Milwaukee County's Proposal Preparation, Submission and Evaluation Guidelines (see Attachment 2) and the following information:
a. Cover Page: Include project number and name, project location, consultant's name, address, telephone number, e‐mail address, proposal date, etc.
b. Table of Contents: Include an identification of the material by section and page number.
c. Letter of Transmittal: The name and description of the organization submitting the proposal briefly stating the proposer’s understanding of the service to be provided.
d. Description of the Organization: A description of the organization submitting the
proposal. Include the name, size, legal status (corporation, partnership, etc.), professional registration/certification, major type of activity or areas of consulting.
e. Description of the Organization’s Experience: Include a list of similar projects that the
consultant has participated with during the past five years. Attach a separate sheet for each project, up to five maximum, giving a brief description of each project, the consultant’s participation, and a client contact reference and phone number. Provide a list of three (3) references that can be contacted with questions regarding your past work.
f. Description of Project Team/Resumes: Provide an organizational structure of the
consultant’s project team, including any subconsultants to be used for this project. Include the name of the Principal in Charge of this project along with the name, occupation and title of the Project Manager who will be in charge of this project. Provide a one‐page resume for each individual involved in the project, and include their name, title, address, telephone number, e‐mail address, duties for the project, professional registration, a brief description of related experience including time contribution in this capacity to past projects, and Proposals.
g. Sub‐Consultants: Indicate the names and addresses of any sub‐consultants and/or associates proposed to be used in this project. State the capacity they would be used in and the approximate percentage of the total services they would provide. Also state their past experience in the field.
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Subject: Request for Proposal Project: Howell Avenue Tunnel Rehabilitation Project No.: A263
h. Project Approach: Provide a description of challenges you anticipate in this project and
how you propose to overcome them. Discuss how you plan to staff the project to efficiently complete the work effort.
i. Project Schedule to Completion: Provide a timetable and relationship of tasks which are
necessary to complete this project as noted in the “Project Schedule" section of this RFP.
j. DBE Firm Goals: The Disadvantaged Business Enterprise participation goal for this
project/contract is 17%.
i. Contact the Community Business Development Partners Office at 414‐278‐4747 or [email protected] for questions related to DBE requirements.
ii. Submit Consultant Team Member DBE Status Form (Attachment 3) with proposal.
k. Quality Control: Submit a contract document quality control plan. Quality control is to be performed by individuals not assigned to the project on an ongoing basis.
IX. CONSULTANT SELECTION
a. Proposers must recognize this is not a bid procedure, and a Professional Services agreement will not be awarded on the basis of a fee proposal. DO NOT INCLUDE ANY RATES, FEES OR OTHER FISCAL INFORMATION WITH YOUR PROPOSAL. Milwaukee County reserves the right to accept or reject any and all proposals, issue addenda, request clarification, waive technicalities, alter the nature and/or scope of the proposed project, request additional submittals, and/or discontinue this process. The proposal evaluation team will be made up of three to five individuals with technical knowledge of the requirements and familiarity with the project. Depending on the number and quality of the proposals, Milwaukee County may decide to conduct interviews of a short‐list of consultants. The evaluation team may select up to three consultants to attend an interview, which, if required, will be held during the week of May 13, 2019. The interview will be evaluated based on project team, experience and qualifications, project understanding, and the overall presentation. The project manager will post this RFP, as well as any pre proposal meeting minutes, sign in sheets, addendums and other information related to this project to the Milwaukee County Construction RFP website: https://county.milwaukee.gov/EN/Administrative‐Services/Bids‐and‐RFPs The consultant should consider information on this website to be part of the official RFP. Please check the site frequently. To allow time for proposal preparation, Milwaukee County will not post anything new within two days of the proposal due date.
X. GENERAL REQUIREMENTS 6
Subject: Request for Proposal Project: Howell Avenue Tunnel Rehabilitation Project No.: A263
a. The selected consultant and/or any contractor affiliated with the prime consultant shall
be prohibited from submitting bids in the construction bidding process for this project.
b. Selected consultant shall follow Milwaukee County Code of Ethics as follows: No
person(s) with a personal financial interest in the approval or denial of a Contract being
considered by a County department or with an agency funded and regulated by a
County department, may make a campaign contribution to any County official who has
approval authority over that Contract during its consideration. Contract consideration
shall begin when a Contract is submitted directly to a County department or to an
agency until the Contract has reached final disposition, including adoption, County
Executive action, proceeding on veto (if necessary) or departmental approval.
c. The selected consultant must be an Equal Opportunity Employer.
d. The proposal shall conform with all attached documents. All proposals should use this
RFP and its attachments as the sole basis for the proposal. The issuance of a written
addendum are the only official method through which interpretation, clarification or
additional information will be given.
e. All costs for preparing a proposal, attending the selection interview if required, or
supplying additional information requested by Milwaukee County, is the sole
responsibility of the submitting party. Material submitted will not be returned.
f. The proposal must be submitted in a single bound 8‐1/2” x 11” document.
g. With the signing and submission of a statement or proposal the submitting consultant
certifies that the standard terms and conditions of the Agreement for Professional
Services (that will be used to contract with the selected consultant) has been read and
understood and that the submitting consultant is ready, willing and able to sign the
agreement when requested without making any substantive changes.
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Subject: Request for Proposal Project: Howell Avenue Tunnel Rehabilitation Project No.: A263
Submit five copies of the proposal, sealed in an envelope or equivalent, no later than 5/10/2019 by 3:00 p.m. Address and submit proposals to:
Anthony M Raab, PE Engineer MKE Airport Engineering 5300 S. Howell Ave. Milwaukee, WI 53207
Proposals submitted by telephone, fax, or email will be rejected.
Please direct any questions about this RFP to Anthony Raab at 414‐747‐5774 or
Sincerely,
_________________________ Anthony M Raab, PE Engineer, MKE Airport Engineering
Attachments:
1. Project Location Map and ‘Major Rehabilitation Scenario’ from 2017 study. 2. Proposal Preparation, Submission and Evaluation 3. DBE Form 4. DBE Reference Forms
Note: See RFP website for other background information available for download.
cc: G. High, DAS‐FM J. Zsebe, Principal Airport Engineer K. David, MKE A. Raab, Engineer, MKE Engineering B. Engel, CDBP
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ATTACHMENT 1
PROJECT LOCATION MAPS MAJOR REHABILITATION SCENARIO FROM 2017 TUNNEL STUDY
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10. Major Rehabilitation Scenario, With Construction Safety Phasing Plan
The previous sections of this Plan discussed the condition of the components of the tunnel, and contained
recommendations for rehabilitation. This section of the Plan provides information about the Major
Rehabilitation Scenario. We recommend that this major rehabilitation scenario be implemented within the
next two years (2019-2020) in order to enhance the life and serviceability of the structure for the next 20
years, and to maintain its current aircraft load rating for that time period. After 20 years (2040), assuming
that the components of the major rehabilitation scenario are implemented, we recommend replacement of
the tunnel with a new tunnel structure. If the major rehabilitation scenario is not implemented within the
next two years, the structure will continue to deteriorate to a point where safety and serviceability could
become issues for both airport and roadway traffic, and the aircraft loading capacity of the structure may
be compromised.
The major rehabilitation scenario consists of the following components, as described in previous sections
of this report:
1. Concrete surface repair at various locations throughout the tunnel
2. Expansion joints rehabilitation, at approximately the quarter points of each tunnel bore
3. Rehabilitating four expansion joints in each of the two ventilation chambers
4. Concrete protective surface treatment on all exposed surfaces of the tunnel walls and underside
of the deck slab
5. Concrete staining of the four wingwalls and two portals
6. Removal and replacement of four doors with stainless steel doors
7. Rehabilitation of frames for the four doors
8. Sealing cracks in the asphalt pavement over the tunnel
9. Milling and overlaying the asphalt pavement over the top of the tunnel
10. Painting the asphalt surface over the top of the tunnel with an epoxy paint system
11. Rehabilitating the electrical conduits and components of the electrical system within the structure
12. Removal and replacement of the ventilation fans and motors at each end of each chamber
13. Removal and replacement of the electrical controls and equipment for the new fan motors
14. Rehabilitation of the louvers for the fans at each end of each chamber
15. Providing an alternate power source for power for the ventilation system
16. Traffic control on Howell Avenue for construction staging and phasing of work within the tunnel
The estimated construction cost for this major rehabilitation is $2,276,000 in 4th quarter 2017 dollars. This
cost includes a 10% contingency and 10% for mobilization. Design engineering costs at approximately
15% of the construction cost, owner administrative service costs at 10% of the construction cost, and
construction engineering costs at approximately 12% of the construction cost are not included in that
figure. We recommend considering an annual inflation factor of 3.0% for the costs listed above for future
budgeting.
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WisDOT has noted that construction work is expected be done on IH-94. There will be alternate routes
for when IH-94 in Kenosha, Racine and Milwaukee Counties will be under construction. Stage 1 & 2 in
Racine and Kenosha Counties would be in 2018 and 2019 and Stage 3 in Milwaukee County would be in
2020. WIS 38 (Howell Avenue) is proposed as a detour route for Stage 3 construction in 2020.
GMIA Howell Avenue Runway Tunnel Date: 12/4/2017
Structure B-40-282
Opinion of Probable Costs
Major Rehabilitation Alternative
Quantity Unit Unit Cost
3,684 SF $135.00
208 LF $200.00
587 LF $120.00
117,000 SF $2.50
2,100 SF $1.50
8,000 LF $12.00
6,400 SY $20.00
57,600 SF $2.50
4 EA $500.00
4 EA $500.00
1 LS $200,000.00
1 LS $1,500.00
2 EA $1,200.00
1 LS $1,500.00
1 LS $1,500.00
1 EA $1,200.00
1 LS $10,000.00
1 EA $1,200.00
1 LS $1,500.00
2 EA $1,200.00
300 LF $25.00
300 LF $25.00
1 LS $500.00
1 EA $175,000.00
1 LS $115,000.00
1 EA $75,000.00
10.00%
10.00%
Round to:
West Ventilation Chamber Electrical
Rigid Conduit Replacement (with Wiring) $7,500
Service Equipment $10,000
East Ventilation Chamber Electrical
Rigid Conduit Replacement (with Wiring) $7,500
NW Access Service Vault Electrical
Grounding $1,500
Asphalt Surface Rehabilitation-Mill and Overlay 1 1/2-Inches $128,000
Epoxy Paint on Asphalt Surface Over Tunnel $144,000
Remove and Replace Doors & Hardware for Vent Tunnels $2,000
Wiring Device Replacement $1,500
SE Access Service Vault Electrical
Grounding $1,500
NE Access Service Vault Electrical
Traffic Control and Maintenance of Traffic for Staged Construction $200,000
Disconnect and Starter Replacement $1,200
SW Access Service Vault Electrical
Grounding $1,500
Disconnect and Starter Replacement $2,400
Disconnect and Starter Replacement $1,200
Concrete Staining-Wingwalls & Portals $3,150
Asphalt Surface Rehabilitation-Crack Sealing $96,000
Clean & Paint Frames for Doors at Vent Tunnels $2,000
Ventilation System Rehabilitation $175,000
Ventilation Controls Rehabilitation $75,000
Ventilation System Emergency Power (NFPA 502 section 12.4) $115,000
$2,276,000
Item Subtotal $1,880,730
Contingency @ 10% $188,073
Mobilization @ 10% $206,880
TOTAL ESTIMATED CONSTRUCTION COST $2,275,683
Tunnel Conduit Repair $500
Item Total
Concrete Protective Surface Treatment-Tunnel $292,500
Concrete Surface Repair $497,340
Expansion Joint Repairs-Ventilation Chambers $41,600
Expansion Joint Repairs-Tunnel $70,440
Disconnect and Starter Replacement $2,400
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ATTACHMENT 2
PROPOSAL PREPARATION, SUBMISSION AND EVALUATION GUIDELINES
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PROPOSAL PREPARATION, SUBMISSION & EVALUATION I. Explanation to Prospective Offerors
Any prospective offeror desiring an explanation or interpretation of this RFP must request it in writing no later than four business days before the last date for submission of proposals. Requests should be directed to the individual in charge at the address listed in the RFP. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the RFP, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors.
II. Complete Proposals
Proposals shall represent the best efforts of the offerors and will be evaluated as such. Proposals must set forth full, accurate, and complete information as required by this section and other sections of this RFP.
III. Unnecessarily Elaborate Proposals
Brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as unnecessarily elaborate and an indication of the offeror's lack of cost consciousness. Elaborate art work, expensive paper and binding, and expensive visual and other presentation aids are neither necessary nor desired. Concise and clear proposals are sought.
IV. Retention of Proposals
All proposal documents shall be retained by the County and therefore, will not be returned to the offerors. The County will not pay for preparation of proposals or for proposals that are retained by the County.
V. Examination of Proposals
Offerors are expected to examine the Site, Statement of Work and all instructions and attachments in this RFP. Failure to do so will be at the offeror's risk.
VI. Legal Status of Offeror
Each offeror must provide the following information in its proposal:
A. Name of the offeror;
B. Whether offeror is a corporation, joint venture, partnership (including type of partnership), or individual;
C. Copy of any current license, registration, or certification to transact business in
the State of Wisconsin if required by law to obtain such license, registration, or certification. If the offeror is a corporation or limited partnership and does not
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provide a copy of its license registration, or certification to transact business in the State of Wisconsin, the offeror shall certify its intent to obtain the necessary license, registration or certification prior to contract award or its exemption from such requirements; and
D. Copies of any current license, registration or certification required in RFP;
E. If the offeror is a partnership of joint venture, names of general partners or joint
venturers.
VII. Organization of Offeror
Each proposal must further contain a chart showing the internal organization of the offeror and the numbers of regular personnel in each organizational unit.
VIII. Offerors Authorized Agent
Each proposal shall set forth the name, title, telephone number, and address of the person authorized to negotiate in behalf of the offeror and contractually bind the offeror, if other than the person signing the proposal.
IX. Price Schedule Submission
Do not submit prices with this RFP. The selected consultant shall provide a cost, labor hour, and reimbursable breakdown, within three business days of notification of selection. This breakdown shall be in table format shown in AC 150/5100-14E Change 1, Appendix D.
X. Certification and Representations
Offerors shall return with their proposal resumes and any other documents as may be requested in the RFP.
XIII. Acknowledgement of Amendments
Offerors shall acknowledge receipt of any amendment to this solicitation within their proposal.
XIV. Late Proposals and Modifications and Withdrawals of Proposals
Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered.
XV. Proposal Evaluation Criteria
Following a list of general criteria which will be used to evaluate the proposals: a. Quality and responsiveness to the RFP. Weight: 20%
b. Project approach and understanding, including strategy to perform requested
work and time schedule. Weight: 40%.
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c. Qualifications and experience of proposed project manager and team. Weight:
40%. XVI. Staffing
Consultant shall provide, at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of Owner.
The offeror must describe his or her qualifications and experience to perform the work described in this RFP. Information about experience should include direct experience with the specific matter and similar facilities. Areas of expertise of each proposed staff member shall be provided (i.e., engineering, economics, architecture, planning). Specific examples of similar or related projects previously conducted shall cite: - Name of client organization
- Name, address, and current telephone number of client contact person
- Contract number and inclusive dates
- Contract amount
Offeror shall provide the following information for every resume: - Full name
- Title and areas of specialty
- Affiliation (that is, staff of offeror or subconsultant)
- Experience directly related to the proposed project
- Education/training
- Resumes shall be included for all personnel expected to work on the project.
Only resumes of staff or subconsultant staff employed by or under contract with the firm as of the date of proposal submission are to be included.
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ATTACHMENT 3
DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONSULTANT TEAM MEMBER DBE STATUS FORM
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Howell Avenue Tunnel Rehabilitation
CONSULTANT TEAM MEMBERS
CERTIFICATION STATUS
Firm's Name Address DBE NONE
#Check applicable certification status boxes. Submit this form with proposal.
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ATTACHMENT 4
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
REFERENCE FORMS (Note: We are providing these forms for reference only. Do not submit them with your proposal. The selected consultant is required to complete these forms later, as part of the scope and fee negotiation phase.)
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COMMUNITY BUSINESS DEVELOPMENT PARTNERS
MILWAUKEE COUNTY
DBE-00 (11/01/2016) Previous Editions Obsolete 1
DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION SPECIFICATIONS
1. The award of this contract is conditioned upon your good faith efforts in achieving this project’s Disadvantaged Business Enterprise (DBE) goal of 17%, and you must document those efforts.
2. DBE Goal: This participation goal is based on the total dollar value of your base bid, initial offer or initial scope
of work, less allowance and/or reimbursable items. Participation must be maintained throughout the contract, including additional contract work, e.g., acceptance of alternates, negotiated procurements, change orders, addendums, use of allowances, etc.
BID/PROPOSAL CONSIDERATIONS
3. The County will reject your bid/proposal if it does not include documentation of your good faith efforts in one of
the following ways:
a. When you meet or exceed the goal, include the Commitment to Contract with DBE (DBE-14) form(s).
b. When you do not meet or exceed the goal, include the Certificate of Good Faith Efforts (DBE-01) goal.
EXAMPLE: 20% goal. You have 4% participation in commitment(s). You submit the commitment(s) for the 4%, along with the Certificate of Good Faith Efforts (DBE-01) documenting the efforts undertaken to achieve the remaining 16%.
4. Your good faith efforts are those that one could reasonably expect to be taken if you were actively and
aggressively trying to obtain DBE participation sufficient to meet the goal. Additional guidance is part of the Certificate of Good Faith Efforts (DBE-01) form).
5. If awarded the contract, you will enter into a contractual agreement, directly or through subcontractors, according
to the Commitment to Contract with DBE (DBE-14) form(s) submitted with your bid/proposal. Copies of the executed contract(s) or purchase order(s) will be required to be submitted to the County.
6. DBE participation credit, for both DBE and non-DBE primes, is calculated as follows:
a. All of the identified scope(s) of work must have a commercially useful function in the actual work of the
contract and must be performed directly by the DBE. This means that DBEs must perform the contract work with their own employees, as determined by the County.
b. One hundred percent (100%) for the work performed by a DBE. If a DBE subcontracts a portion of its work
to another firm, the value of the subcontracted work will not be counted towards the DBE goals unless the work is performed by another DBE. Material, equipment and supplies provided and installed (put into use) by a DBE also count dollar for dollar to toward the goal.
c. One hundred percent (100%) for products manufactured by a DBE. DBE manufacturers operate or
maintain a facility that produces goods from raw materials, or substantially alters the materials or supplies, on-site.
d. Sixty percent (60%) for materials or supplies purchased from a certified DBE regular dealer.
Regular Dealers own, operate, or maintain stores, warehouses, or other establishments where materials or supplies are kept in stock, and regularly sold to the public in the usual course of business. A regular dealer in bulk items such as steel, cement, gravel, stone, and petroleum products don’t need to keep stock, if it owns or operates distribution equipment.
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COMMUNITY BUSINESS DEVELOPMENT PARTNERS
MILWAUKEE COUNTY
DBE-00 (11/01/2016) Previous Editions Obsolete 2
e. One hundred percent (100%) for the fees or commissions charged for assistance in the procurement of
material and supplies. Fees or transportation charges for the delivery of material or supplies by a DBE to a job site also count dollar for dollar toward the goal. The cost of the materials and/or supplies themselves will not be credited towards its DBE goals.
Brokers, Trade Agents and Manufacturers’/Independent Sales Representatives arrange or expedite transactions without taking title of the goods being sold and receive a commission or fee for their service.
f. One hundred percent (100%) for DBE trucking firms. The DBE must be responsible for the management
and supervision of the entire trucking operation for which it has contracted. The DBE must also use trucks it owns, insures, and operates using drivers it employs. The DBE may lease trucks from another firm, or an owner-operator, certified as a DBE. The DBE may also lease trucks from a non-DBE firm, or owner-operator, but credit will only be given for the fee or commission and not the trucking itself. Ready mix operations will not receive credit for deliveries made by non-DBE firms.
g. You are required to notify the County if any DBE contractor(s) working on this contract will sublet any portion of their work.
7. Only DBEs certified by the State of Wisconsin Unified Certification Program (UCP) prior to the bid/proposal
submission deadline count towards the satisfaction of the goal. If you want to use a firm certified in another state or with another agency, the firm must apply for certification with the UCP prior to submission of your offer/bid deadline. For assistance related to DBE certification of firms, contact the Certification Compliance Administrator at (414) 278-4747.
8. The County reserves the right to request supporting documentation from both you and any listed DBE. If you
fail to respond within the time specified, the County will determine you to be non-responsive and remove you from further consideration for contract award.
FOLLOWING CONTRACT AWARD
9. The County reserves the right to conduct compliance reviews and request, both from you and your subs or
suppliers, supporting documentation to verify DBE participation, in addition to the information entered monthly into the County’s online reporting system. The County will notify you if you are not in compliance with contract specifications. If you fail to take corrective action as directed, the County will take one or more of the following actions:
a. Terminate or cancel your contract, in whole or in part;
b. Remove you from the list of qualified contractors/consultants, and refuse to accept future bids/proposals
from you for a period not to exceed three (3) years;
c. Withhold contract payments, or pay subs and/or suppliers directly, to cover shortfall; and/or
d. Bring suit to recover damages up to the amount of the shortfall, including interest at the rate of 12% annually, plus the County’s costs, expenses and actual attorney’s fees incurred in the collection action.
10. You must submit copies of the executed subcontract agreement(s) or purchase order(s) for each sub and/or
supplier listed on the contract. Include copies with the first monthly request for payment. REQUESTS FOR PAYMENT WILL NOT BE PROCESSED IF AGREEMENTS/PURCHASE ORDERS ARE NOT SUBMITTED. In addition, you will document that each DBE is notified at least three (3) working days before start of their subcontract work.
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COMMUNITY BUSINESS DEVELOPMENT PARTNERS
MILWAUKEE COUNTY
DBE-00 (11/01/2016) Previous Editions Obsolete 3
11. You are required to notify the County if any DBE contractor(s) working on this contract will sublet any portion of
their work. 12. If the DBE(s) cannot perform, if you have a problem in meeting the goal, or any other issue such issues come
up, you must immediately contact CBDP Compliance at (414) 278-4851. You must submit written notification of your desire for substitution to the DBE affected, and copy the County. This notice must state the reason for the request. The DBE has five (5) business days to provide written objection/acceptance to you. Approval must be obtained from County prior to making any substitutions. DBE contractors are also required to notify and obtain approval from the County prior to subletting work on this project.
13. Requests for Payment: You will enter payments to subs and suppliers directly into the County’s online
reporting system on a monthly basis. These entries will cover payments made during the preceding month and will include zero dollar ($0) entries where no payment has occurred. You must also indicate on the AIA Document G703 - Continuation Sheet, or equivalent, work being performed by DBEs. Either a) place the word “DBE” behind the work item or b) break out the work done by DBEs at the end of the report. If you don’t do these things, the County will deny payments, or enforce other sanctions including those listed in Section 9, above.
14. The County has a revolving loan program for DBEs. If you use a DBE that is using these County funds, you
must assist the County repayment of these funds. This may include, but is not limited to, providing written information regarding the sub’s contract balance, prior payment (two or three party) agreements, and the issuance of two-party checks payable in the name of Milwaukee County and the DBE indebted to the County under this program.
15. The County reserves the right to waive any of these specifications when it is in our best interest.
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COMMITMENT TO CONTRACT WITH DBE
PROJECT No. ______________ PROJECT TITLE __________________________________________________ TOTAL CONTRACT AMOUNT (less allowances) $ ________________________ DBE Goal:
Name & Address of DBE(*)
Scope of Work Detailed Description
DBE Contract Amount
% of Total Contract
Bidder/Proposer Commitment (To be completed by firm committing work to DBE)
I certify that the DBE firm quoted the identified service(s) and cost(s). I further acknowledge our firm having negotiated with, and having received confirmation, on partnering, pricing and delivery from DBE firm listed herein. Prime Contractor/Consultant Phone No._________________, or one of our subs, will enter into contract with the DBE firm listed, for the service(s) and amount(s) specified when awarded this contract. The information on this form is true and accurate to the best of my knowledge. I further understand that falsification, fraudulent statement, or misrepresentation will result in appropriate sanctions under applicable law. Signature of Authorized Representative Name & Title of Authorized Representative Date
DBE Affirmation (To be completed by DBE Owner/Authorized Representative)
I affirm that the Wisconsin UCP has certified our company as a DBE, and that our company is currently listed in the Wisconsin UCP Directory.
I acknowledge and accept this commitment to contract with my firm for the service(s) and dollar amount(s) specified herein, as put forth by (Prime or sub) .
I understand and accept that this commitment is for service(s) to be rendered in completion of the project specified herein to be completed with my own forces.
I affirm that approval from CBDP will be obtained prior to subletting any portion of this work awarded to my firm on this project.
__________________________________ ________________________________________________________________________ Signature of Authorized DBE Representative Name & Title of Authorized DBE Representative Phone Number Date
FOR CBDP USE ONLY
Commitment number of Participation: ___ __ Project Total _______________
____ ________ Signature Date Authorized Signature Date
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COMMITMENT TO CONTRACT WITH DBE
ADDITIONAL INFORMATION & REQUIREMENTS: 1. The Directory of Certified DBE firms eligible for credit toward the satisfaction of this project’s DBE goal will be found at the following link, and can be searched by Name and/or NAICS code.
http://wisconsindot.gov/Pages/doing-bus/civil-rights/dbe/certified-firms.aspx
2. CONTRACT ADJUSTMENTS: The successful Bidder/Proposer will maintain the approved DBE participation level during the term of the contract with the County, including any additional work on the contract, e.g., change orders, addendums, scope changes, or fee increases. 3. WRITTEN CONTRACTS WITH DBEs: The County requires that the successful Bidder/Proposer enter into contract, directly or through subs, as stated in this form. Agreements must be submitted to the County within 7 days of receipt of the Notice-To-Proceed. By executing this commitment, you are certifying that you have had contact with the named DBE firm and that they will be hired if you are awarded the contract by the County. 4. SUBSTITUTIONS, DBE SUBCONTRACTING WORK, TRUCKING FIRMS: The successful Bidder/Proposer must submit written notification of desire for substitution to the DBE affected, and send a copy to the County, stating the reason(s) for the request. The DBE will have five (5) business days to provide written objection/acceptance of the substitution. The “right to correct” must be afforded any DBE objecting to substitution/termination for less than good cause as determined by the County. Approval must be obtained from the County prior to making any substitutions. DBEs are also required to notify and obtain approval from the County prior to seeking to subcontract out work on this project. In the case of DBE trucking firms, credit will be given for trucks leased from other DBE firms; however, if the DBE leases trucks from non-DBE firms, the commission or fee will be counted for DBE crediting.
5. REQUESTS FOR PAYMENT: The successful Bidder/Proposer must indicate on the Continuation Sheet (AIA form G703, or equivalent) the work being performed by DBE by either a) placing the word “DBE” behind the work item or b) breaking out the work done by DBEs at the end of the report. The successful Bidder/Proposer shall notify DBE firms of the date on which they must submit their invoices for payment. 6. DBE UTILIZATION REPORTS: The successful Bidder/Proposer will enter payments to subs and suppliers directly into the County’s online reporting system on a monthly basis. These entries will cover payments made during the preceding month and will include zero dollar ($0) entries where no payment has occurred. If you have any questions related to Milwaukee County’s DBE Program, please contact:
414.278.4851 or [email protected]
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Completion of this form is required for all bidders who have not achieved participation goal. Submission of a complete form is a matter of responsiveness to this bid. Completion of all three tabs in this spreadsheet is required.
Certificate of Good Faith Efforts
Guidance on completing these documents. This guidance and information is provided to assist bidders in compliance with the provisions under all Milwaukee County Ordinances and US DOT 49 CFR part 26, pertaining to the implementation of the US DOT disadvantaged business enterprise program. Like all guidance material, these questions and answers are not, in themselves, legally binding or mandatory, and do not constitute regulations. They are issued to provide an acceptable means, but not the only means, of compliance with Part 26 and other guiding statutes, regulations and laws. For US DOT projects the regulations in 49 CFR 26 and others can be reviewed at: https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise/dbe-program-overview. The Milwaukee County CBDP program can be reviewed in more detail at: http://county.milwaukee.gov/cbdp including links to relevant regulations. When Milwaukee County assigns a participation goal, you will make good faith efforts to meet this goal prior to submitting a bid or proposal in order to be responsive. If you do not meet the goal, you can document adequate good faith efforts toward that end. This means that you must show that you took all necessary and reasonable steps to achieve the participation goal. The County will make a fair and reasonable judgment as to whether you made adequate good faith efforts according to the following guidelines. It is important to consider the quality, quantity, and intensity of the different kinds of efforts that were made. These efforts should be those that one could reasonably expect you to take if you were actively and aggressively trying to obtain participation sufficient to meet the participation goal. Going through the motions by making a phone call or two to a firm that you think should qualify is not good faith efforts to meet the project requirements. The County’s determination concerning the sufficiency of your good faith efforts is a judgement call and meeting quantitative formulas is not required. The following is a list of types of actions the County considers as part of your good faith efforts. This is not a mandatory checklist, nor is it all-inclusive. Other factors or types of efforts may be relevant in appropriate cases, see regulations for more information.
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Certificate of Good Faith Efforts This document is required to detail what your firm has done to meet this project’s participation goal if the participation you have attained is less than the goal set for this project. Guidance as to acceptable ‘good faith efforts’ is found on the Guidance page of this spreadsheet. Failure to use and properly document good faith efforts to meet the assigned participation goal will result in the rejection of your bid/proposal. By submitting this document, do hereby acknowledge that I am authorized as the representative for the bidder/proposer on the following Milwaukee County Project and that we have provided documented proof of our firm’s good faith efforts to solicit, negotiate with and utilize certified firms to meet the participation goal of this contract as demonstrated by my response to the questions contained in this fully completed set of documents.
Prime Contractor Firm Name and Address
Authorized Representative Email Address Telephone Number
Other Contact Info
Is the Prime a DBE?
Project Number Bid Number Project Title Total Contract Amount DBE Total Project Percentage Goal Pledged
Provide a brief summary of why your firm is unable to meet the participation goal on this project.
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Contractible Work Items You are required to determine portions of work to be contracted in a manner that will increase the likelihood of meeting the participation goal set for this project. In selecting work to be contracted, you must consider, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation. To assist in these efforts and to provide consistent definitions, use NAICS codes (http://www.census.gov/eos/www/naics/) to identify each category of work you identified. DBE firms are registered by NAICS code and a list is available in the Wisconsin UCP directory.
NAICS codes (Required) Description of work Estimated Dollar Value (Required)
Was this work made available to DBE Firms? If no, explain why.
Explanation
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Soliciting from Interested Firms
You must have solicited quotes in good faith from certified firms. List certified firm(s) that you have solicited for participation in this project. Documentation of information provided below will be required upon evaluation of a Good Faith Effort. "Original Solicitation" and "Solicitation Follow Up" with certified firms must be documented in written form (email or fax only).
Firm Name Describe Work Solicited (NAICS codes pulled from “Contractible Work Items”)
Date of Original Solicitation
Solicitation Method Used
Date of Follow Up Solicitation
Solicitation Follow Up Method Used
Quote Received
(Y/N)
Quote Accepted
(Y/N)
Reason for Rejecting Quote
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