12083_document.pdf

REQUEST FOR BID

Conveyance Inspection Services

DS220944

Issued Date: January 6, 2022

Responses Due: February 3, 2022 1:00 PM CT

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Table of Contents

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 CONTRACT TERM

1.3 MODIFICATIONS OF CONTRACT

1.4 ORDER OF PRECEDENCE

1.5 COOPERATIVE PURCHASING SERVICES

1.6 RESPONDING TO BID REQUIREMENTS

2 MANDATORY BIDDER QUALIFICATIONS

2.1 PROFESSIONAL QUALIFICATIONS AND EXPERIENCE

2.1.1 CONTRACTOR MINIMUM EXPERIENCE

2.1.2 ENGAGEMENT

2.2 STAFF QUALIFICATIONS/CERTIFICATIONS

2.2.1 STAFF EXPERIENCE

2.2.2 STAFF CREDENTIALS

2.3 QUALIFYING RESOURCES

3 MANDATORY REQUIREMENTS OF BID

3.1 PREVIOUS SUSPENSIONS OR REVOCATIONS

3.2 DISTRICT INSPECTORS

3.3 CONTRACTOR KNOWLEDGE, SKILL, AND ABILITY REQUIREMENTS

3.3.1 CONCEPTS, PRINCIPLES, AND THEORIES

3.3.2 WRITTEN MATERIAL

3.3.3 DEALING WITH INDIVIDUALS

3.3.4 ASSESS NEEDS, PROVIDE INFORMATION, OR ASSISTANCE

3.3.5 STAFF TRAINING

3.3.6 IDENTIFY PROBLEMS

3.3.7 WRITING

3.3.8 IN-HOUSE QUALITY CONTROL PROGRAM

3.3.9 MICROSOFT OFFICE PRODUCTS

3.4 TECHNICAL REQUIREMENTS

3.5 SERVICE REQUIREMENTS

3.5.1 OVERDUE INSPECTIONS/EXPIRED PERMITS

3.6 ACCEPTANCE/ANNUAL INSPECTIONS

3.6.1 ACCEPTANCE INSPECTIONS

3.7 ACCEPTANCE INSPECTIONS COMPLIANCE

3.8 INSPECTION SERVICES

3.8.1 IDENTIFICATION

3.8.2 ASSIGNED INSPECTIONS

3.8.3 DETAILS OF INSTRUCTIONS

3.8.4 FINAL REVIEW/APPROVAL

3.8.5 ISSUANCE OF PTO

3.9 CONFORMANCE

3.10 ACCIDENT INVESTIGATIONS

3.11 CORRECTIVE ORDERS

3.11.1 VIOLATIONS/UNSAFE CONDITIONS

3.11.2 INSPECTION REPORT

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3.11.3 COMPLIANCE DATES

3.11.4 COMPLIANCE ENFORCEMENT

3.11.5 APPEAL RE-INSPECTION

3.12 CONTRACTOR EQUIPMENT, MATERIALS, SUPPLIES, AND TOOLS

3.12.1 EQUIPMENT AND TOOLS

3.13 AMENDMENTS TO INSPECTION EQUIPMENT LIST

3.13.1 ERRORS AND OMISSIONS

3.13.2 VACANCIES, ILLNESS, AND COMPETING WORKLOADS

3.13.3 PERIODIC INSPECTION LIST

3.13.4 PRIVATE/INSURANCE COMPANY INSPECTIONS

3.14 REPORTING AND FEE REQUIREMENTS

3.14.1 REGULATED OBJECT INSPECTION REPORT

3.14.2 SAFETY CODE INSPECTION REPORT

3.14.3 CODE VIOLATION

3.14.4 INSPECTION CHECKLIST

3.14.5 ELEVATOR INVOICE REPORT

3.14.6 ELECTRONIC SAFETY AND LICENSING APPLICATION (eSLA)

3.14.7 DATA AND USERNAME/PASSWORD SECURITY CONDITIONS

3.14.8 PAYMENT AND INVOICING

3.14.9 PROHIBITED ACTIVITIES

3.14.10 MUNICIPAL OR COUNTY ORDINANCE

3.14.11 PETITIONS

3.14.12 INSPECTION PHOTOGRAPHS/VIDEOS

3.14.13 ADDITIONAL SERVICES

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 BACKGROUND CHECKS

4.2 CONTRACT AUDIT REQUIREMENTS

4.2.1 ORIGINAL COPIES

4.2.2 AUDITING INSPECTIONS

4.2.3 AUDIT INSPECTORS

4.2.4 AUDIT/INSPECTION EVALUATION REPORT

4.2.5 AUDITOR NOTIFICATION

4.2.6 AUDIT FEES

4.2.7 INPECTOR FEE ASSESSED

4.3 LIQUIDATED DAMAGES

4.4 FRATERNIZATION/AGENCY WORK RULES

4.5 CERTIFICATES OF INSURANCE

4.6 CANCELLATION AND TERMINATION

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 COST SHEET INSTRUCTIONS

5.3 REQUESTING COST ADJUSTMENTS

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 SUBMITTING A BID

6.5.1 ELECTRONIC BID SUBMITTAL (STRONGLY PREFERRED)

6.5.2 HARD COPY BID SUBMITTAL

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6.6 FORMAT OF BID RESPONSE

6.7 INCURRING COSTS

7 BID ACCEPTANCE AND AWARD

7.1 BID OPENING, REVIEW, AND ACCEPTANCE

7.2 METHOD OF AWARD

7.3 BIDDER REFERENCES

7.4 USE OF SUBCONTRACTORS

7.5 SUPPLIER DIVERSITY

7.5.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.5.2 VETERAN-OWNED BUSINESS

7.5.3 DISABLED VETERAN-OWNED BUSINESS

7.5.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.6 SERVICES PERFORMED WITHIN THE U.S

7.7 DEBARMENT

7.8 AWARD NOTIFICATION

7.9 PROTEST AND APPEALS PROCESS

7.9.1 PROTESTS

7.9.2 APPEALS

8 REQUIRED FORMS AND SUPPORTING DOCUMENTS

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1 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State of Wisconsin (State) intends to purchase. Reviewing this section shall help determine the Bidder's ability to meet the Department of Safety and Professional Services (DSPS) needs.

The State of Wisconsin (State), Department of Administration (DOA), through its Consolidated Agency Purchasing Services (CAPS), on behalf of the Department of Safety and Professional Services (DSPS), requests Bids for Conveyance Inspection Services for the state of Wisconsin which is broken into six (6) districts and intends to use the results of this process to award a Contract for each district.

Appendix 1 - District Map 2021 displays each district. Counties within each district are listed below. The districts/counties can be changed at any time over the life of the Contract. Inspections within the City of Madison and City of Milwaukee will not be included as part of this RFB.

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DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 DISTRICT 6

Ashland Adams Brown Calumet Rock Kenosha

Barron Columbia Door Dodge Walworth Milwaukee

Bayfield Crawford Florence Fond du Lac Waukesha Racine

Buffalo Dane Forest Green Lake

Burnett Grant Kewaunee Jefferson

Chippewa Green Langlade Marquette

Clark Iowa Manitowoc Ozaukee

Douglas Juneau Marinette Sheboygan

Dunn La Crosse Menominee Washington

Eau Claire Lafayette Oconto Waushara

Iron Monroe Oneida Winnebago

Jackson Richland Outagamie

Lincoln Sauk Shawano

Marathon Vernon Vilas

Pepin Waupaca

Pierce

Polk

Portage

Price

Rusk

Sawyer

St. Croix

Taylor

Trempealeau

Washburn

Wood

Inspection of conveyances, which includes the following as defined in SPS 318 Wis.

Admin. Code, and §101.981(1), Wis. Stats., ASME/ANSI/NFPA codes for initial, periodic, and modification inspections for:

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• Elevators (Freight, Limited-use, limited-application, Part V, Passenger, Private residence, Rooftop, Sidewalk, Specialized purpose personnel elevator)

• Escalators

• Lifts (Inclined platform, Orchestra pit, Type B material, Vertical platform)

• Moving walks

• Dumbwaiters

• Stairway chairlifts

The scope of the safety code inspection and witnessing of safety tests shall be as described in SPS 318 and the current code adoptions therein of the following:

• ASME A17.1/CSA B44 – Safety Code for Elevators and Escalators

• ASME A17.2.1 – Guide for Inspection of Electric Elevators

• ASME A17.2.2 – Guide for Inspection of Hydraulic Elevators

• ASME A17.2.3 – Guide for Inspection of Escalators and Moving Walks

• ASME A18.1 – Safety Standards for Platform Lifts & Stairway Chairlifts

• ANSI E1.42 – Entertainment Technology -- Design, Installation, and Use of

Orchestra Pit Lifts

Inspections are completed during the initial installation of new equipment, after alterations to existing equipment, and periodic for equipment operating on a regular basis.

DSPS is responsible for the proper inspections of approximately 18,000 means of conveyances per SPS 318. In 2020, DSPS was responsible for the proper inspections of approximately 375 new installations, 3303 annual inspections, and 199 inspections for alterations, repairs, or remodeling. See Appendix 2 – District Information for each county/district numbers.

DSPS maintains the authority to increase or decrease the number of assigned inspections during this Contract. DSPS has historically contracted for these services throughout the State of Wisconsin.

This RFB includes the inspection of residential elevators within the scope of SPS 318.

Property owners are responsible for the completion of a periodic elevator safety inspection.

Where a private contract (insurance company) is not established between an inspection company and a Building Owner, DSPS provides such service utilizing DSPS contracted Inspectors or employees of DSPS.

The State does not guarantee it will purchase any specific quantity or dollar amount.

Bids requiring a minimum number of commodities or services be ordered will be

Page 7 DS220944 rejected. There will be no guarantee to purchase any specific quantity or pay any minimum contract price during the term of the Contract.

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1.1 DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

Agency:

an office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

ANSI/ASME:

American National Standards Institute/American Society of Mechanical Engineers

Authorized Users:

includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §§ 16.70 (1b), (1e), (2),

(4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement Manual.

Authority:

a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231- 235, 237, or 279.

Bid:

a price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

Bid Factor:

an element of the bid that does not appear in the RFB document, but the Bidder must respond to. Bid Factors can be seen and responded to in the Wisconsin eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with the paper bid submission.

Bidder:

a person or firm that responds to this Request for Bid.

Building Owner:

the owner of the conveyance type as defined under SPS 318

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CAPS: Consolidated Agency Purchasing Services

Commodity:

a tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.

Contract:

the written agreement between the successful Bidder and the State covering the commodities and services to be performed pursuant to this RFB.

Contract Administrator:

the Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.

Contract Manager:

the employee of an Agency responsible for

1) resolving contractual matters that cannot be resolved with the Contract Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals and termination.

Contractor:

the person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual services, or leasing real property to, the Procuring Agency.

Contractual Services or Services:

an intangible product, including actions, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related material necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB.

Conveyances:

Elevators, escalators, lifts, moving walks, dumbwaiters, and stairway chairlifts as described in SPS 318.

CT: Central Time

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Disabled Veteran Owned Business (DVB):

a business that has been certified by the Department of Administration under §16.

283, Wis. Stats.

DOA: Department of Administration

DSPS:

Department of Safety and Professional Services eSLA: Electronic Service and Licensing Application

Fees: Per SPS 302.15

IBC: International Building Codes

ICC: International Code Council

Licensed Elevator Inspector (Inspector):

an individual who holds a valid credential issued by DSPS under SPS 305.64 as a elevator inspector and is responsible to (a) maintain a record of the inspections made including the dates and the findings of the inspection(s); (b) provide a copy of the inspection record to the conveyance owner or their agent. (c) make available to DSPS upon request their inspection report; and (d) maintain QEI certification.

Maintenance:

a process of routine examination, lubrication, cleaning, and adjustment of parts, components, or subsystems for the purpose of ensuring performance in accordance with the applicable requirements of SPS 318.

Mandatory:

a requirement labeled as such shall be present in the bid submission, exactly as stated, or the submission will not be considered by the State of Wisconsin. The terms "must" and "shall" are considered mandatory.

Minority Business Enterprise (MBE):

a business that has been certified by the Department of Administration under §16.

287, Wis. Stats.

Municipality:

any Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public Contracts (s. 16.70(8), Wis.Stats.).

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NFPA: National Fire Protection Association

Notice of Intent to Award:

a writing issued by the Procurement Specialist notifying all Bidders of the Procuring Agency's intent to award of a Commodity Contract to the successful Bidder(s), or in the case of Services, the Procuring Agency's intent to award a Contract to the successful Bidder(s).

Procurement Specialist:

the individual responsible for overseeing and administering the procurement process for a Bid.

Procuring Agency: the State Agency conducting the purchasing transactions

Repair:

reconditioning or renewal of parts, components, or subsystems necessary to keep equipment in compliance with the applicable requirements of SPS 318.

Replacement:

substitution of a device, component, or subsystems, in its entirety, with a unit that is basically the same as the original for the purpose of ensuring performance in accordance to the applicable requirements of

SPS 318.

RFB: Request for Bid

Specification:

a descriptive statement of the physical, functional, and performance characteristics of the commodity or service required by the Procuring Agency. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing, or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term "Requirement".

State: State of Wisconsin

State Holidays: State Holidays https://dpm.wi.gov/Pages/How_Do_I/seeStateHolidays.aspx

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1.2 CONTRACT TERM

This Contract shall run for an initial two (2) year period. The DSPS and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional three (3), one (1)-year renewal periods. The Contract shall be effective on the date it is executed by DSPS. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

1.3 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing commodities or services outside of the general scope and intent of the original RFB. Any modifications made to the Contract shall fall within the scope of the Bid, be rendered in writing, and signed by both parties or they shall be void. The Contract shall be effective on the date it is executed by

DSPS.

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1.4 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by DSPS, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Final Signed Contract with clarifications included

• Official purchase order

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

If the official purchase order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Official purchase order

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

1.5 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities and other State agencies upon agreement of the Contractor. Where requested by the State, and agreed to by the Contractor(s), Municipalities and other State agencies shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by DSPS and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities and other State agencies with DSPS and providing appropriate documentation and support and reporting Contract usage by Municipalities and other State agencies.

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1.6 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder requirements, qualifications, and Specifications in this RFB document shall be minimally met without exception; failure to meet such shall disqualify your Bid.

Before the award of any Contract, DSPS shall be satisfied the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint DSPS with these requirements, qualifications, and Specifications by submitting appropriate or supporting documentation.

If no single Bidder is able to meet an individual Mandatory qualification or Requirement, the State reserves the right to eliminate that individual mandatory qualification or Requirement; in such case, the State shall continue the review of Bids and to select the Bid that most closely meets the qualification or Requirements in this RFB.

2 MANDATORY BIDDER QUALIFICATIONS

All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.

2.1 PROFESSIONAL QUALIFICATIONS AND EXPERIENCE

Bidder qualifications may be verified through references listed on the Bidder Required Form DOA-3832. The references shall be able to verify the Bidder has performed work similar in size and scope to the requirements of this Bid and Section 2.1.1. See Bidder References, Section 7.3.

2.1.1 CONTRACTOR MINIMUM EXPERIENCE

Bidder shall have at a minimum, experience in the provision of having performed services of 8,000 conveyance inspections or more annually over a consecutive period of two (2) or more years.

2.1.2 ENGAGEMENT

Bidder affirms it does not and shall not engage in, or have any interest, direct or indirect, in any wholesale or retail operation involving conveyances which transacts business in the state of Wisconsin. The Bidder further states they do not engage in the work of installing or repairing conveyances in the state of Wisconsin.

2.2 STAFF QUALIFICATIONS/CERTIFICATIONS

Bidder shall submit Attachment C - Conveyance Experience form and a copy of employee credentials with this RFB proving the Bidder has the staff as stated in Section

2.2.1 and Section 2.2.2.

2.2.1 STAFF EXPERIENCE

Designated lead Inspector having a minimum of five (5) years' experience in conducting conveyance inspections, directing other Contractor employees in the completion of inspections, and working with Building Owners to correct issues identified in the inspections.

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2.2.2 STAFF CREDENTIALS

Contractor inspection employees shall hold a state of Wisconsin credential as a Licensed Elevator Inspector (see SPS 305.64), which requires evidence the person holds a certification in accordance with the procedures established under the standard for the ASME Qualification of Elevator Inspector (QEI-1) from an independent organization acceptable to DSPS.

2.3 QUALIFYING RESOURCES

Before the award of any Contract, DSPS shall be satisfied the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint DSPS with these qualifications by submitting appropriate or supporting documentation with this RFB.

3 MANDATORY REQUIREMENTS OF BID

The following requirements shall be met at no additional cost above the pricing provided in the Bid. All Specifications are defined as minimum mandatory requirements unless otherwise stated.

Bidder shall use the Bid Factors in eSupplier or Attachment B - Bid Factors (hard copy response only) to respond to this section. Failure to meet any mandatory specification shall result in the rejection of the Bid. However, in the event no Bidder is able to meet an individual mandatory specification, the State reserves the right to continue the review of Bids and to select the Bid which most closely meets the requirements specified in the

RFB.

3.1 PREVIOUS SUSPENSIONS OR REVOCATIONS

The Bidder, at the time of Bid submission, shall provide documentation of any previous suspensions or revocations of inspector certifications by any of the employees who will be performing the duties required by this Bid.

3.2 DISTRICT INSPECTORS

At the time of Contract commencing, DSPS and the Contractor shall dedicate a full-time Inspector(s) for each District awarded.

3.3 CONTRACTOR KNOWLEDGE, SKILL, AND ABILITY REQUIREMENTS

3.3.1 CONCEPTS, PRINCIPLES, AND THEORIES

The Contractor shall possess the knowledge of conveyance system inspection concepts, principles, and theories.

3.3.2 WRITTEN MATERIAL

The Contractor shall understand and interpret written material, including technical materials, rules, regulations, instructions, reports, charts, graphs, tables, etc. as applied to specific conveyance systems and commercial electrical installations.

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3.3.3 DEALING WITH INDIVIDUALS

The Contractor shall show understanding, friendliness, courtesy, tact, empathy, concern, and politeness to others; develops and maintains effective relationships with others; may include effectively dealing with individuals who are difficult, hostile, or distressed; relates well to people from varied backgrounds and different situations; is sensitive to cultural diversity, race, gender, disabilities, and other individual differences.

3.3.4 ASSESS NEEDS, PROVIDE INFORMATION, OR ASSISTANCE

The Contractor shall work with clients and customers (any individuals who use or receive the services under this Contract, including the general public, individuals who work in DSPS, other agencies, or organizations outside the Government) to assess their needs, provide information, or assistance.

3.3.5 STAFF TRAINING

All Inspectors, and any subsequent hires, who do not have experience inspecting conveyances in the state of Wisconsin shall attend a four (4) hour training with DSPS prior to performing inspections.

3.3.6 IDENTIFY PROBLEMS

The Contractor shall identify problems and make sound, well-informed, and objective decisions to solving the problems identified through inspections.

3.3.7 WRITING

The Contractor shall write in a clear, concise, organized, and convincing manner for all clients and customers who use or receive services under this Contract.

3.3.8 IN-HOUSE QUALITY CONTROL PROGRAM

Bidder shall have a documented in-house quality control program ensuring training and auditing of Inspectors and inspection related processes. Provide this documentation with the Bid submission.

3.3.9 MICROSOFT OFFICE PRODUCTS

The Contractor shall have a working understanding and experience using Microsoft Office products such as, but not limited to, Excel, Word, and Outlook.

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3.4 TECHNICAL REQUIREMENTS

The Contractor shall perform conveyance inspection services pursuant to Wis. Adm.

Codes:

• SPS 318

• SPS 362

• SPS 364

Safety code inspection services shall be performed in accordance with the currently adopted edition of:

• ASME A17.1/CSA B44-16 Safety Code for Elevators and Escalators

• ASME A18.1 Safety Standard for Platform Lifts and Stairway Chairlifts

• ANSI E1.42 Entertainment Technology-Design, Installation, and Use of Orchestra

Pit Lifts

• QEI-1 Standard for the Qualification of Elevator Inspectors

The Contractor must have the following standards available for reference while performing inspections:

• ASME A17.2 Guide for Inspections of Elevators, Escalators, and Moving Walks

• ASME A17.5/CSA B44.1 Elevator and Escalator Electrical Equipment

• ASME A17.6 Standard for Elevator Suspension, Compensation, and Governor

Systems

• ASME A17.7/CSA B44.7 Performance-Based Safety Code for Elevators and

Escalators

• ASME A17 INTERPS Elevator and Escalator Interpretations Nos 2-13

3.5 SERVICE REQUIREMENTS

Inspections shall be completed on new installations, covered alterations, repairs and replacements, and annually on existing conveyances in accordance with applicable Wisconsin Statutes and Administrative Code.

3.5.1 OVERDUE INSPECTIONS/EXPIRED PERMITS

Overdue inspections and expired permits to operate (PTO) shall be tracked by DSPS via eSLA pursuant to the requirements of SPS 318.1011.

If the Inspector does not file an inspection report with DSPS within thirty (30) calendar days prior to the expiration date of the permit to operate (PTO), DSPS may conduct the inspection.

If DSPS conducts the inspection, the Contractor shall be charged a fee in accordance with SPS 302.04.

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3.6 ACCEPTANCE/ANNUAL INSPECTIONS

Each conveyance shall be identified as requiring an acceptance or annual inspections as described in SPS 318. Inspections shall be performed in accordance with SPS 318 and as follows:

3.6.1 ACCEPTANCE INSPECTIONS

New INSTALLED conveyances or altered, repaired, or replaced components of existing conveyances shall undergo acceptance inspections as required by the following codes and standards:

• SPS 318 – Edition based on Contract Date for the project. Specifically see SPS

318.1011, 318.170810, 318.170811 (5) and (6), 318.1810 and SPS 318.4208

• ASME A17.1 – 2016 or latest edition. See 8.6, 8.7, 8.8 and 8.10.2 through 8.10.5 as applicable to the conveyance.

• ASME A17.7 – 2007 or latest edition if the conveyance or component was approved to A17.7 performance-based safety code.

• ASME A17.6 – 2017 or latest edition

• ASME A18.1 – 2020 or latest edition

• ANSI E1.42 – 2018 or latest edition

• ASME QEI-1 – 2018 or latest edition

3.7 ACCEPTANCE INSPECTIONS COMPLIANCE

For all acceptance inspections, conveyances shall not be placed into service until authorized via an approved inspection performed by the Contractor's licensed elevator Inspector. After each acceptance inspection, annual inspection, or test of equipment is performed and found to be in compliance as required in SPS 318, the Contractor shall notify DSPS via the inspection report submitted through eSLA and a Permit to Operate (PTO) may be issued to the Building Owner or their agent.

3.8 INSPECTION SERVICES

3.8.1 IDENTIFICATION

Every employee or associate under the direction of the Contractor shall immediately, upon entering a facility, identify themselves and their employer to the Building Owner or their agent. The employee or associate shall have a current company photo ID, conduct an opening conference explaining why they are at the site, and how they shall proceed.

The Inspector must obtain a phone number and email address from the site contact person and include the information in the inspection report. Upon completion of the service rendered, the Inspector shall conduct a closing conference with the Building Owner or their agent informing them of their findings.

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3.8.2 ASSIGNED INSPECTIONS

The Inspector shall only inspect units currently assigned to their inspection company.

Assignments and Contracts change often, therefore assignments should be verified prior to scheduling. Every inspection shall be scheduled with the Building Owner or their agent prior to the inspection.

3.8.3 DETAILS OF INSTRUCTIONS

DSPS shall issue written instructions to the Contractor to fill in details of the work described herein. Such instructions shall be within the scope of work set forth in the Contract and shall not be of such nature as to affect price, period, performance, or any other substantive provisions of the Contract.

3.8.4 FINAL REVIEW/APPROVAL

DSPS reserves the right to have final review and approval of all obligations, inspections, and other contract deliverables submitted or prepared by the Contractor.

3.8.5 ISSUANCE OF PTO

The issuance of a permit to operate (PTO) by DSPS or agent municipality shall occur within ten (10) business days of completing and filing the inspection report.

3.9 CONFORMANCE

Contractor shall review any required conveyance test reports for conformance with Wis Adm Code SPS 318 and ASME/ANSI A17.1, A18.1, and e1.42 as appropriate.

3.10 ACCIDENT INVESTIGATIONS

Accident investigations on conveyances shall be performed when the Building Owner or their agent has been contacted by DSPS. DSPS will contact the Contractor and the Contractor shall perform the investigation within twenty-four (24) hours from notification.

The notification shall be received via email and/or phone. Twenty-four (24) hours includes weekdays, weekends, and holidays.

The Contractor shall submit inspection reports via the Electronic Safety and Licensing Application (eSLA) portal within two (2) business days after the inspection of the accident. The report shall certify the continued operation of the conveyance and compliance with SPS 318.1002 scope, Wis. Adm. Code or itemize the existing violations, citing the appropriate sections of SPS 318.

3.11 CORRECTIVE ORDERS

3.11.1 VIOLATIONS/UNSAFE CONDITIONS

When the Contractor identifies violations or unsafe conditions, the Contractor shall issue corrective orders and submit a copy to DSPS via the inspection report in eSLA.

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3.11.2 INSPECTION REPORT

Corrective Orders shall be issued in accordance with the state of Wisconsin, ASME/ANSI, and the National Fire Protection Association (NFPA) codes in effect at the date of Contract. The Contractor shall issue an order(s) via the inspection report to the Building Owner or their agent. The order(s) shall specify:

• specific code or standard section violated

• nature of the violation

• what corrections are required

• compliance date

An inspection report shall be created and submitted through eSLA. A copy shall be sent via email or snail mail to the Building Owner or their agent by the Contractor within twenty-for (24) hours of inspection completion.

Any order(s) issued which pose an imminent threat to life or limb requiring the conveyance to be placed out of service, the Contractor shall notify DSPS immediately via email at DSPSSBElevatorTech@wisconsin.gov or by phone at 800-943-0003 prior to doing so.

3.11.3 COMPLIANCE DATES

Guidelines for Compliance dates:

• Life Safety Issue: Red Tag/immediately taken out of service – physical re-inspection w/state required. Example: jumped out Safety Circuit SPS 318.10

• Potential Safety Issue: five (5) to fifteen (15) days (next step Red Tag) physical re-inspection required. Example: Inoperable Emergency Phone

• Non–life safety issue: thirty (30) days physical re-inspection at discretion of inspecting company. Example: Emergency Lighting not functioning

• Extensive Repairs Required: sixty (60) to ninety- (90) days with progress report every thirty (30) days, physical re-inspection required. Example: Rope replacement

Referral to DSPS is required if non-compliance is not obtained after three (3) attempts by inspection Contractor.

Follow up is required at the end of each compliance date issued.

The inspection Contractor may impose a contracted inspection fee for each follow up and/or re-inspection.

Inspection Contractor must provide proof, in writing, within forty-eight (48) hours of request of follow up as requested by DSPS.

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3.11.4 COMPLIANCE ENFORCEMENT

The Contractor shall notify DSPS within five (5) days of the completed inspection date via the inspection report of compliance enforcement of any conveyance for which the Contractor shall be required to conduct a second re-inspection.

Life Safety Issues shall be reported immediately via email to the DSPS Section Chief in addition to the entry of the inspection report into eSLA.

3.11.5 APPEAL RE-INSPECTION

The Inspector's decision to require a re-inspection may be appealed to DSPS by the Building Owner or their agent. Appeal must be made directly to the DSPS Section Chief in writing via email.

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3.12 CONTRACTOR EQUIPMENT, MATERIALS, SUPPLIES, AND TOOLS

Contractor Inspectors shall provide all tools and supplies necessary to properly perform safety code inspections and witness safety tests per the following:

Wis. Admin. Code chapters SPS 316, 318, 361, 362, 363, 364, 365 and 382 adopted editions. Adopted editions of SPS Codes may be found on the DSPS website. The Contractor shall provide copies for each Inspector.

Most current adoption editions of:

• ANSI/ASME A17.1 Safety code for Elevators and Escalators,

• ASME A18.1

• ICC/IBC

• ICC/ANSI A117.1 Accessible and Usable Buildings and Facilities

• ANSI E1.42

• any additional ASME, ANSI, ICC, IBC reference materials deemed necessary by

DSPS

Most current adoption editions of:

• NFPA 13, Standard for the Installation of Sprinkler Systems

• NFPA 70, National Electrical Code,

• NFPA 72, National Fire Alarm Code

3.12.1 EQUIPMENT AND TOOLS

The Contractor shall be responsible for providing all equipment, materials, supplies, and tools necessary to perform thorough inspection services during the Contract term. Proper inspection equipment is required in accordance with the latest edition of

ASME A17.2.

The Contractor shall possess or have access to a device capable of taking digital photographs (e.g., a camera, cell phone, or tablet) for documenting non-compliances.

3.12.1.1 TRANSPORTATION

The Contractor shall be responsible for providing and arranging necessary and reliable transportation to complete inspections during the Contract term. Automobile insurance shall be met per Section 4.5 Any additional fee covering the Contractor's travel expenses, including travel time, parking, mileage, meals, and lodging shall not be permitted.

The Contractor shall work with DSPS to establish a schedule which minimizes travel.

Travel will be minimized by methods including, but not limited to, adjusting certificate of operation expiration dates to correspond to those of surrounding conveyance inspections and scheduling for inspection at the same time of said inspections located in proximity to each other.

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3.12.1.2 PHONE NUMBER, EMAIL, AND COMPUTER

The Contractor shall provide, at their expense, a toll-free telephone number for Building Owners and their agents to contact the Contractor's Inspector. The office and toll-free telephone number shall be staffed and open for business a minimum of eight (8) consecutive hours between 7:00 a.m. and 5:00 p.m. per day Monday through Friday.

The telephone shall be equipped to allow callers to leave a voice message (e.g., voicemail or an answering machine/service) on a continuous basis during the term of the Contract.

The Contractor shall possess or have access to a computer with internet access and an e-mail account to conduct business services.

The Contractor shall have an email account available to Building Owner applicants to submit questions, schedule inspections, and receive answers to specific questions regarding an inspection.

The Contractor shall have an Inspector available for emergencies which may arise after working hours. An after-hours telephone number shall be furnished to DSPS. All emergencies shall be responded to within eight (8) hours or less of the time of notification (as needed).

3.13 AMENDMENTS TO INSPECTION EQUIPMENT LIST

Contractors shall be aware of the listing of equipment/number (available via eSLA backoffice and eSLA Public Lookup), minus private/insurance company covered, conveyance system is subject to change for reasons including, but not limited to, the activities listed in the subsections below:

3.13.1 ERRORS AND OMISSIONS

Errors and omissions to the inspection list may result during the transmissions via eSLA. The Contractor will be made aware of the additional conveyance system requiring inspection. The list may contain duplicate listings and the Contractor will be made aware of the duplication(s).

3.13.2 VACANCIES, ILLNESS, AND COMPETING WORKLOADS

The Contractor may be requested to add to their workload inspections normally assigned to DSPS employees. Such a request may result when a position vacancy, inspector illness, or inspector competing workload prevented the DSPS employee from completing an annual inspection within the required time limits.

The additional conveyance system would be removed from the Contractor's list when the vacancy is filled.

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3.13.3 PERIODIC INSPECTION LIST

After a newly installed conveyance system is put into service, the system will be placed on the list by DSPS (via eSLA) for a periodic inspection available in eSLA.

https://dsps.wi.gov/Pages/Programs/Elevators, submitted by the installer, to DSPSSBElevatorTech@wisconsin.gov.

An email shall be sent to the Contractor by DSPS administrative staff when periodic inspections need to be performed.

3.13.4 PRIVATE/INSURANCE COMPANY INSPECTIONS

Under s. 101.12(3)(d), Wis. statutes and s. Comm 41.15, Wis. Adm. Code, DSPS is required to accept inspection reports submitted by private/insurance company inspectors. Private/insurance companies may employ inspectors at their option regardless of this Contract.

3.14 REPORTING AND FEE REQUIREMENTS

The Contractor shall submit all reports as requested by DSPS.

The Contractor shall provide reports to DSPS via eSLA within five (5) business days after completing the inspection, unless additional time is authorized (in writing) by

DSPS.

All inspections shall be subject to re-inspection, examination, and tests by DSPS at any, and all, times during the course of the work and at any and all places where such work is being carried on. DSPS shall have the right to reject substandard inspections or reports and require re-inspection or resubmission of reports within five (5) business days.

Before the award of any Contract, DSPS shall be satisfied the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint DSPS with these qualifications by submitting appropriate or supporting documentation with this RFB.

3.14.1 REGULATED OBJECT INSPECTION REPORT

The Inspector shall submit Appendix 3 - Regulated Object Inspection Report on the results to DSPS for inspections meeting all code requirements which will issue the permit to operate (PTO) the conveyance. In the presence of a violation, which will place the PTO on hold, the report shall explain the violation or unsafe condition, with references to specific code sections, and the nature of the deficiency.

https://dsps.wi.gov/Pages/Programs/Elevators

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3.14.2 SAFETY CODE INSPECTION REPORT

A safety code inspection report shall be submitted on the "checklist for inspection and test of electric elevators", "checklist for inspection and test of hydraulic elevators" or "checklist for inspection and test of escalators and moving walks" as found in the Appendix of the latest editions of ASME A17.2.1, A17.2.2, or ASME A17.2.3.

The Inspector shall clearly and legibly circle or mark each item as "ok" or "not acceptable," and briefly describe under the condition space what the "not acceptable" condition is. Items which are not applicable to the vertical transportation equipment being inspected shall be marked "NE" for not evaluated.

3.14.3 CODE VIOLATION

Any code violation which would be permissible due to the age of the equipment (date of installation) shall be marked "N/A" (i.e., fireman's service, emergency lighting, door restrictors, handicap provisions, top of car light, floor numbers in hoist way, pit ladders, etc.).

3.14.4 INSPECTION CHECKLIST

The Inspector shall sign and legibly print their name, company name, QEI- 1 license number, and date on the last page of applicable Inspector's checklist.

3.14.5 ELEVATOR INVOICE REPORT

The Contractor shall be responsible for collecting from the Building Owner or their agent, the authorized conveyance inspection/re-inspection fee.

The Contractor shall report monthly to DSPS the dollar amount of fees collected for the month and the Contract period. The detailed information required on the monthly report shall be provided to the Contractor by the DSPS Elevator Program Section Chief. This report shall be in Excel format and specify:

• permit number

• date of inspection

• type of inspection

• inspection status

• fee invoiced

• fee received

The report shall be due by the 15th of the month following the inspection month.

Example: Fees collected for the month of March 2021 shall be due by April 15, 2021.

See Appendix 4 – Sample Elevator Invoice Report for more information.

3.14.5.1 FEE FOR INSPECTION

Fee for Inspection – An owner may be charged fees for all inspections and re-inspections required under this Contract.

3.14.5.2 INVOICING OWNER FOR INSPECTION

Invoicing Owner for Inspection – All invoices shall include each individual permit number and the date of each conveyance inspection or re-inspection for each fee billed.

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3.14.5.3 REVENUE REPORTING

The Contractor shall be responsible for revenue reporting on revenue generated through this Contract. The reports are required to be in compliance with the State of Wisconsin Accounting Manual 06-02. The report shall be due by the 15th of the month following the inspection month. Example: Fees collected for the month of September 2021 shall be due by October 15, 2021.

Appendix 5 – Conveyance Revenue Reporting shall be used to report revenue. Follow the instructions on the Revenue Reporting Info tab. If it is determined by DSPS the Contractor has collected a fee to which they are not entitled, the Contractor shall refund the fee to the Building Owner or their agent per requirements listed in SPS 302.07 Fee refunds.

3.14.6 ELECTRONIC SAFETY AND LICENSING APPLICATION (eSLA)

3.14.6.1 eSLA APPLICATION As of April 12, 2021, the DSPS Conveyance program services are located within the Electronic Safety and Licensing Application (eSLA). eSLA is an online web portal cloud-based program requiring customers to use eSLA to submit plan reviews/permits. The Contractor shall utilize eSLA to record and document all permit applications and inspection reports under the terms of this Contract.

The eSLA program has two sub-systems. The first sub-system is a front facing web portal used by the customer to set up a business account and apply for permits. The other sub-system is the back-office application for the Contractor to process all permit applications and record inspections. The customer does not have access to the back office sub-system.

3.14.6.2 eSLA CUSTOMER ASSISTANCE The Contractor is required to assist and provide assistance to customers through the eSLA system. This assistance includes, but not limited to setting up an account; adding a business account; managing a customer's business; obtaining a security code;

assisting with the customer's dashboard; and filling out a permit. DSPS does have information, videos, and job aids available to the Contractor to assist customers with this service, which is located at the eSLA Customer Information and eSLA Resources web pages.

3.14.6.3 STATE ISSUED DATA FOR eSLA

The Contractor will be provided one (1) State issued e-mail address per employee to be used to log-into the eSLA system to approve or deny permits and record all inspections.

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3.14.7 DATA AND USERNAME/PASSWORD SECURITY CONDITIONS

Disclosure of DSPS Data:

Contractor shall not disclose DSPS data (to include customer data) in any manner that would constitute a violation of state or federal law or the terms of the Contract to any person or entity, except as required to perform the duties set forth in the Contract.

Use of, Storage of, or Access to, DSPS Data or Systems:

Contractor shall only use, store, or access DSPS Data or Systems:

a. In accordance with, and only to the extent permissible under the Contract; and

b. In full compliance with any and all applicable laws and regulations (only to the extent applicable to Contractor)

Safeguarding DSPS Data and System Usernames/Passwords:

Contractor agrees use, storage, and access to DSPS Data and Usernames/Passwords for DSPS systems shall be performed with the degree of skill, care, and judgment customarily accepted as sound, quality, and professional practices. Contractor shall implement and maintain safeguards necessary to ensure the confidentiality, availability, and integrity of DSPS Data and Usernames/Passwords for DSPS systems. Contractor shall also implement and maintain any safeguards required to be implemented by applicable state and federal laws and regulations.

Unauthorized Use or Access:

If Contractor becomes aware DSPS Data or Usernames/Passwords for DSPS systems may have been accessed, disclosed, or acquired without proper authorization and contrary to the terms of the Contract, Contractor shall use reasonable efforts to immediately alert DSPS of any unauthorized use, access, or disclosure, and shall immediately take such actions as may be necessary to eliminate the unauthorized use, access, or disclosure. Contractor shall give highest priority to immediately correcting any unauthorized use, access, or disclosure and alerting DSPS.

3.14.8 PAYMENT AND INVOICING

3.14.8.1 PAYMENT FEES

The Contractor shall be responsible for collecting from the Building Owner or their agent, all authorized conveyance inspection fees, accident investigation fees, and consultation fees.

3.14.8.1.1 PAYMENT FOR INSPECTION SERVICES

The Building Owner or their agent will promptly pay the Contractor the total inspection fee assessed within the timeframe specified on the Contractor's invoice. The Contractor may deny performance of inspections of a Building Owner or their agent with an outstanding balance by notifying the DSPS Section Chief via email or phone.

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3.14.8.1.2 PAYMENT FOR INSPECTIONS OF NON-COMPLIANCE

When the complete inspection of work requires a re-inspection, the Contractor shall be paid for each re-inspection as it is completed. Payment for individual re-inspections shall be paid at the Contractor's re-inspection rate. No other inspections shall occur until payment is received in full by the Contractor, unless the Contractor and the Building Owner or their agent have arranged other payment receipt parameters.

Inspections performed on weekends, State holidays, outside normal business operating hours, and at any other times other than scheduled in the inspection request, shall be billed according to the Contractor's hourly rate listed in Section 2 of Attachment A - Cost Sheet.

3.14.8.2 INVOICING

The Contractor shall invoice the Building Owner or their agent for any service fees rendered under this Contract.

3.14.8.2.1 INVOICING BUILDING OWNER FOR INSPECTIONS

All invoices shall include each individual inspection number and the date for each type of inspection, re-inspection, accident investigation fee, and consultation fee for each inspection type billed.

3.14.8.2.2 LATE PAYMENTS

All fees for inspections not paid within sixty (60) calendar days after the first invoice date may be assessed a late payment fee equal to one percent per month of the outstanding balance (per SPS 302.06)(2)).

3.14.8.2.3 PAYMENT MEANS

The Contractor shall be able to receive payment by cash, check, or money order. The Contractor may accept payment by electronic means.

3.14.8.2.4 INVOICE WORDING

The invoice shall include, at a minimum:

• inspection application number

• Building Owner's name

• contact information

• date of the inspection

• number of hours of the inspection

• a brief description of the inspection service rendered

• fee/hourly rate

• total invoice amount

The invoice shall also include the following sentence:

"All fees for inspections not paid within sixty (60) calendar days after the invoice date may be assessed a late payment fee equal to one percent per month of the outstanding balance."

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3.14.8.3 PCI COMPLIANCE

If the Contractor offers electronic payments as an option, the Contractor shall be certified PCI Compliant at all times as outlined by the Payment Card Industry Data Security Standard (PCI DSS) as updated by the Payment Card Industry Security Standards Council.

The E-Payment Gateway shall not require PCI data come in contact with the State's environment for any length of time.

3.14.9 PROHIBITED ACTIVITIES

3.14.10 MUNICIPAL OR COUNTY ORDINANCE

The Contractor shall not enforce any municipal or county ordinance within the contracted District during the term of the Contract.

3.14.11 PETITIONS

The Contractor shall not review or approve petitions for variance.

3.14.12 INSPECTION PHOTOGRAPHS/VIDEOS

The Contractor shall not accept electronic or hard copy photographs, or electronic video from the Building Owner for any initial or first-time inspection, unless approved by DSPS. The Contractor may accept photographs for any re-inspection.

3.14.13 ADDITIONAL SERVICES

3.14.13.1 MEETING WITH DSPS

Within one (1) week of receipt of a signed Contract, the Contractor shall contact DSPS via email at DSPSSBElevatorTech@wisconsin.gov to schedule a meeting for the purpose of:

• developing a Contract implementation plan to provide more detailed expectations and answer any related questions and concerns

• proposing practices and forms which can be used for all conveyance inspections

The Contractor shall use any forms or procedures as requested by DSPS or agreed upon in writing.

3.14.13.2 EXPERT TESTIMONY

The Contractor shall provide expert testimony when directed to by DSPS, for legal proceedings or appeals involving code related construction issues as a result of an inspection service conducted within the assigned District during the term of the Contract. The Contractor shall not charge DSPS or the Building Owner or their agent for these services.

The Contractor shall appear as a witness for trials, if required, regarding inspections they conducted.

3.14.13.3 COMPLIANT INVESTIGATION

The Contractor shall assist DSPS staff on any complaint investigation associated with an inspection service conducted within the assigned District during the term of the Contract. The Contractor shall not charge DSPS or the Building Owner for these services.

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3.14.13.4 DSPS SECTION…