Simplified Bid RFB DS060617 Sauk County - Final.pdf

Wisconsin Department of Safety and Professional Services

Division of Management Services 1400 East Washington Avenue

Madison WI 53703

Phone: 608-266-2112 Web: http://dsps.wi.gov

Email: dsps@wisconsin.gov

Scott Walker, Governor

Laura Gutiérrez, Secretary

Eric Esser, Acting Secretary

TO: Interested Bidders

FROM: Rebecca Jorge., Purchasing Agent-Senior

SUBJECT: SIMPLIFIED BID - REQUEST FOR BID (RFB)

UNIFORM DWELLING CODE ENFORCEMENT SERVICES – SAUK COUNTY

RFB DS060617

The Wisconsin Department of Safety and Professional Services is requesting bids for Uniform Dwelling Code (UDC)

Enforcement Services for Iron County covering the specific municipalities listed:

TOWN OF IRONTON

TOWN OF WASHINGTON

TOWN OF WINFIELD

VILLAGE OF LAVALLE

VILLAGE OF ROCK SPRINGS

"Simplified bidding" means one of several different simplified methods of procurement used when the estimated cost of a transaction is $50,000 or less.

The contract will be for an eleven (6) month period on or near June 29, 2017 through December 31, 2017 with the option to renew for one (1) additional one-year period. Any renewal must be authorized by mutual written agreement of the

Department of Safety and Professional Services and the contractor.

Bids must be received no later than June 20, 2017 at 2:00 PM (CT)

See the attached solicitation for further information.

If a bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB they shall notify the purchasing agent named below of such error and request a modification or clarification. Any communications or questions regarding the specifications, or special conditions of the RFB should be written and submitted to the purchasing agent listed below.

Rebecca Jorge

Purchasing Agent-Senior

Department of Safety and Professional Services

1400 E. Washington Ave.

Madison, WI 53703

E-mail: rebeccam.jorge@wisconsin.gov

Phone: 608-264-8765

June 6, 2017 http://dsps.wi.gov/ mailto:dsps@wisconsin.gov mailto:rebeccam.jorge@wisconsin.gov

STATE OF WISCONSIN

WISCONSIN DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

SIMPLIFIED REQUEST FOR BID (RFB)

DS060617 FOR:

UNIFORM DWELLING CODE ENFORCEMENT SERVICES

TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

2.0 BIDDER QUALIFICATIONS

3.0 PROGRAM TASKS/SCOPE OF SERVICES

4.0 COST AND ADMINISTRATION

5.0 SPECIAL CONTRACT TERMS & CONDITIONS

6.0 BID SUBMISSION REQUIREMENTS

7.0 TERMS AND CONDITIONS

Attachments to RFB Document:

Attachment A - Cost Bid Sheet DS060617 (1 page)

Attachment B - UDC Enforcement Experience Sheet DS060617 (1 page)

DOA-3477 Vendor Information DS060617(1 page)

DOA-3054 Standard Terms and Conditions (RFB/RFP) (3 pages)

DOA-3681 Supplemental Standard Terms & Conditions for Procurements for Services (2 pages)

1.0 INTRODUCTION AND PURPOSE

1.1 DESCRIPTION AND PURPOSE OF THE SIMPLIFIED BID

The Wisconsin Department of Safety and Professional Services is requesting bids for Uniform Dwelling

Code (UDC) Enforcement Services for Sauk County covering the specific municipalities listed:

o TOWN OF IRONTON o TOWN OF WASHINGTON o TOWN OF WINFIELD o VILLAGE OF LAVALLE o VILLAGE OF ROCK SPRINGS

The State does not guarantee any specific quantity or dollar amount for these services.

The purpose of this bid is to secure registered UDC inspection agencies to perform enforcement services consistent with the Wisconsin Uniform Dwelling Code for all new site-built dwellings and installed manufactured dwellings.

1.2 CONTRACT TERM AND RENEWAL

The contract will be for a six (6) month period on or near July 1, through December 31, 2017 with the option to renew for one (1) additional one-year period. Any renewal must be authorized by mutual written agreement of the Department of Safety and Professional Services and the contractor.

As required by Wisconsin Statutes, continuance of a contract beyond the limits of funds available shall be contingent upon appropriation of the necessary funds, and the termination of the contract by lack of appropriations shall be without penalty.

2.0 BIDDER QUALIFICATIONS

To be eligible for an award, Bidder must be qualified and able to provide the following as required or the bid response may not be considered. It is the bidder’s responsibility to acquaint the Department with its qualifications by submitting appropriate documentation that indicate sufficient capacity, technical competence and qualifications.

2.1 COMPLIANCE

The bidder must be a registered UDC Inspection Agency at time of issuance of contract award. Awarded bidder must show proof of registration.

All employees performing plan review and inspections must be certified under the Wisconsin Uniform

Dwelling Code. Awarded bidder must show proof of certification at the time of award.

The list of credentialed UDC-Construction, UDC-HVAC, UDC-Electrical, UDC-Plumbing inspector(s) that will be performing the services must be presented before commencement of the contract.

2.2 EXPERIENCE

The bidding vendor, by submitting a bid, certifies that the firm is or will be a registered UDC Inspection

Agency and provides services described in this bid, and that principal staff working on this contract each shall have documented UDC credentials to that required in this bid.

Bidder must have at least one key person with all four UDC inspector credential categories, and at least three (3) years of UDC enforcement experience. That key person shall have provided such services to the bidder for at least one (1) year immediately preceding this submittal. This person may be an owner, officer or employee.

The Department reserves the right to reject a bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the Department that the bidder is responsible and qualified to carry out the obligations of the contract.

3.0 PROGRAM TASKS/SCOPE OF SERVICES

All requirements in this section are mandatory.

3.1 SCOPE OF PROJECTS

To perform its obligations under this contract, the contractor agrees to perform the following job functions in a manner consistent with the provisions of Chapter SPS 320 through 325 of the Wisconsin Uniform

Dwelling Code for all new site-built dwellings and installed manufactured dwellings in the contracted bid assigned areas.

A. The following will be included in the contract:

1. New site-built dwellings.

2. Installed modular homes.

3. Installed manufactured homes with manufacture dates after April 1, 2007.

4. New slabs intended for manufactured homes whose date of manufacture is not established at the time of slab construction.

5. Unfinished dwellings that have a Wisconsin (UDC) Uniform Building Permit issued after

January 1, 2005 by a state-contracted inspection agency and is more than two years old.

6. Buildings originally built after January 1, 2005 and fully or partially converted to a dwelling.

7. The scope includes projects that were permitted under a previous state contract and have not been completed prior to the expiration of their permit.

8. At the determination of the Department prior to the execution of this contract, the scope may include dwellings that have an unexpired permit issued by a previous inspection agency.

B. This contract does not include:

1. Alterations or additions to existing dwellings.

2. Dwellings that were issued a Wisconsin (UDC) Administrative Building Permit prior to

January 1, 2005 for which dwelling’s footings & foundations were completed within two years of permit issuance.

3. Dwellings that had their footing & foundation completed prior to January 1, 2005.

4. The determination of what constitutes a dwelling will normally be made by the applicable local zoning agencies. In the absence of such a determination, structures of less than 100 square feet or fabric construction will not be considered dwellings for the purpose of this contract.

3.2 MUNICIPAL REQUIREMENTS

The Contractor shall not enforce other municipal or county requirements in municipalities where they are responsible for UDC enforcement through this contract, other than checking for sanitary permit requirements.

3.3 PERMIT ISSUANCE

The Contractor shall:

A. Purchase from The State of Wisconsin Document Sales Catalog and process the Wisconsin

Uniform Building Permit Applications, Permit Cards and Seals. Inspection agencies may use their own forms that have at least the same information as the state form. The Document Sales Catalog can be found at https://docsales.wi.gov/.

B. Conduct plan examinations of new dwellings per s. SPS 320.09.

https://docsales.wi.gov/

C. Collect building permit fees from building permit applicants as prescribed by the Department.

D. Other than for permits to start for footings & foundations, issue a single permit only for all trades of a project.

E. Provide the permit applicant with a copy of the contracted fee schedule and a copy of the Uniform

Notice to Permit Applicants, of which Contractor shall retain a signed copy of the same.

F. On a monthly basis, forward completed copies of the Wisconsin Uniform Building Permit

Application, form SBD-5823, to the Department, along with information on collected fees and assigned seal numbers.

G. Contractor shall provide a monthly report to DSPS of new dwellings containing the municipalities and counties served. Contractor must create and maintain a project file for each new home.

H. Contractor shall provide on a quarterly basis the amount of fees collected by municipalities and counties served.

All applications, forms, fees and reports shall be mailed to:

Department of Safety and Professional Services

Industry Services Division

PO Box 7302

Madison, WI 53707-7302

3.4 INSPECTIONS

The Contractor shall:

A. Perform inspections per s. SPS 320.10.

http://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/320

_325/320/IV/10

B. Maintain a log of all inspections requested or performed for each project, including type of inspection, date of request, date that the work will be ready, date of inspection and inspection results.

C. Have each field inspector also maintain a general log of inspections performed on all projects on a daily basis.

D. Meet the Department expectation that 95% of all requested inspections will be completed by the end of the second full business day following the day of a request or as otherwise agreed to with the permit applicant.

E. Post inspection results on the jobsite.

F. Issue noncompliance orders to start the 30-day compliance period.

G. If 90 days pass without an inspection request for a project, remind the permit applicant of the need for inspections.

H. Forward a copy of final inspection report to the Department, including information on any post-permit additional or refunded fees.

I. Contractor shall provide a monthly report of completed dwellings to municipalities and counties served.

J. Contractor shall provide on a quarterly basis the amount of fees collected by municipalities and counties served.

All reports and fees shall be mailed to:

Department of Safety and Professional Services

Industry Services Division

PO Box 7302

Madison, WI 53707-7302

3.5 AGENCY CERTIFICATION

The Contractor must maintain certification as a registered UDC inspection agency as specified by Chapter

SPS 305.

3.6 ENFORCEMENT ACTIONS

http://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/320_325/320/IV/10 http://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/320_325/320/IV/10

The Contractor will assist the Department as requested in obtaining compliance by:

A. Making recommendation on appeals.

B. Appearing as a witness during legal proceedings.

C. Filing noncompliance documents, with appropriate fees, at the County Register of Deeds for inclusion with the appropriate property files.

3.7 BACKUP STAFFING

The Contractor will arrange for backup enforcement services during periods of absence exceeding five business days or when a conflict of interest would otherwise exist.

3.8 CONSTRUCTION WORK PROHIBITED

Contractors shall not provide dwelling construction services for new dwellings in municipalities for which they are contracted to provide enforcement.

3.9 CONTRACTOR RESOURCES

The Contractor must:

A. Possess or have access to a computer with Internet access and an e-mail account.

B. Possess or have access to a fax machine.

C. Provide a telephone number to potential permit applicants that are served either by an answering machine or voice-mail on a continuous basis.

D. Possess or have access to a digital camera for documenting non-compliances and forwarding them as requested to the Department.

E. Possess the current edition of the Uniform Dwelling Code SPS 320-325.

3.10 CUSTOMER RELATIONS

Contractor must:

Deal with all customers and other interested parties in a polite and professional manner.

3.11 CONTRACTOR STATUS AND LIMITS

The Contractor is an independent contractor and nothing in this RFB or in the Contract with the

Department is intended to create an employment relationship between the Department and the Contractor or any of the Contractor's employees. The Contractor is solely responsible for its actions and those of its employees in carrying out the functions specified under this RFB and the contract. The Department has sole authority to interpret the provisions of state statutes and rules relating to the Wisconsin Uniform

Dwelling Code and may require the Contractor to rescind and/or re-issue any action, order, or technical advice which conflicts with the Department's interpretation.

4.0 COST AND ADMINISTRATION

4.1 Bidders are to submit pricing on Attachment A - Cost Bid Sheet DS060617.

Alternate pricing formats shall disqualify the bid. Bidders that do not bid on all line items shall be disqualified. Bidders that require that the State shall guarantee a specific quantity or dollar amount will be disqualified.

Bidders shall bid fees on:

A. Base price of permit for first 800 square feet.

B. The cost per square foot beyond 800 square feet of finished interior area.

C. Cost per square foot of non-finished areas including garages, breezeways, porches and decks and unfinished basements not included in base 800 square feet. (Crawl spaces and attics are neither finished nor unfinished area. A finished basement has a finished ceiling.)

D. Any required inspection trips in excess of 8

The above prices will be compared for contract awarding purposes based only on your proposed fee schedule and the following site-built model dwelling:

1200 square feet finished area of site-built dwelling

1760 square feet unfinished basement, garage and deck

One extra (over 8) inspection trip

4.2 OTHER COSTS

Fees are collected from permit applicants, at the time of permit issuance or when the number of inspection trips requested exceeds eight. Fees are not to exceed the amount as per the attached Cost Bid Sheet

(Attachment A) for the specific bid area(s).

A. Fees for a duplex dwelling shall be calculated as for a single-family dwelling.

B. Fees for dwellings without plumbing and electrical systems shall be 2/3 of the normal fee.

C. Fees for dwellings started prior to the earlier of permit issuance or prior to ten business days after permit application and no review action has taken place shall be an additional 50% of the normal fee.

D. Fees for any separate footing and foundation approval shall be $50.

E. Fees for a new slab construction for a manufactured home, but without actual home installation, with or without new utilities, shall be 1/2 of the base actual square footage fee. No seal is required.

As an exception to the standard cost proposal, an additional inspection trip fee may be charged for any trips after three.

F. Fees for a manufactured home change-out using an existing slab shall be 1/2 of the actual square footage fee (regardless of the factory-built home square footage) plus normal fee for any decks or additions. As an exception to the standard cost proposal, an additional inspection trip fee may be charged for any trips after three.

G. Fees for a manufactured or modular home installation on a new slab, footings, crawl space, or basement shall be 1/2 of the actual square footage fee (regardless of the factory-built square footage) plus normal fee for any decks or additions. As an exception to the standard cost proposal, an additional inspection trip fee may be charged for any trips after three.

H. When a permit is more than two years old and either the dwelling exterior is not completed or there are unfinished critical health or safety items, a fee of 25% of the normally applicable fees will be due if the same agency issued the previous permit. If a different agency issued the previous permit, the new permit shall have pro-rated fees charged per the current contract.

4.3. ADMINISTRATION OF COSTS

A. The inspection agency Contractor shall pay the Department an additional $30 contract administration fee for each initial new permit. Permit applicants may NOT be charged for this in addition to Contractor’s contracted fees. Submit the contract administration fee with the permit applications for each month to the Department, along with a completed fee transmittal worksheet.

Calculations of fee refunds for missed inspections, fees for reissued or secondary permits and pro-ration of fees in the case of a change of inspection agency will not include this contract administration fee.

B. An additional fee equal to the then current state fee for a UDC Permit Seal for each initial new permit shall be charged to the permit applicant. Calculations of fee refunds for missed inspections, fees for reissued or secondary permits and pro-ration of fees in the case of a change of inspection agency will not include this Permit Seal fee.

C. If the Contractor is required to take over enforcement for dwellings with a permit issued by another agency, fees and/or compensation will be determined by the Department.

D. Payment to the Contractor shall be by the building permit applicant upon submittal of the

Wisconsin Uniform Building Permit application or upon additional inspection requests by the applicant.

E. The Contractor is responsible for establishing and controlling expenditures to assure all services provided under the bid and subsequent contract are completed. If the Contractor is unable to complete the necessary plan review and inspection services for projects for which fees have been paid, the original Contractor shall transfer a pro-rated portion of fees to the Department, or a new

Contractor as determined by the Department. Pro-rating for retained fees shall be based on 20% for plan review and permit issuance and 10% per inspection trip made. In cases of re-issued permits by a new contractor for a partially completed dwelling, the preceding pro-ration of fees shall be charged to the unfinished portion.

F. Only those fees approved by the Department will be charged to permit applicants.

G. If the Department finds it necessary to review or inspect a dwelling project within the scope of the contract due to a legitimate complaint or Contractor's failure to fulfill its duties under this contract and fees have been collected, the contractor may be charged appropriate fees per ss. SPS 302.04 and 302.34 of the Administrative Code.

H. The Contractor may discount fees if the permit applicant elects to group their inspection requests or otherwise facilitates a more economical inspection schedule.

4.4. REFUNDS

A. If the Contractor fails to perform a requested inspection that is required per s. SPS 320.10 within the timeframes therein, the permit applicant shall be refunded 1/10 of the permit fee or if applicable, the additional inspection trip fee.

B. Once a refund is claimed for missing an inspection trip for one of the inspection types listed in s.

SPS 320.10, no further refund is required for subsequent missed inspections of the same type, unless an additional inspection trip fee had been paid. Then a full trip fee refund is due.

C. Fee refunds are due to the permit applicant within 30 days after the final inspection that reveals no critical health and safety non-compliances.

4.5 REIMBURSABLES

None. All costs are to be included in prices submitted on the cost bid sheet(s). Bid prices must be for on-site inspection. No travel cost reimbursements will be paid by the Department.

5.0 SPECIAL CONTRACT TERMS & CONDITIONS

5.1 Prime Contractor/Subcontracting or Assignment of Agreement

The prime Contractor shall be responsible for Contract performance when subcontractors are used.

However, when subcontractors are used, they shall abide by all terms and conditions of the contract. If subcontractors are to be used, the Bidder shall clearly explain their participation prior to commencement of work by any subcontractor. The Contractor will not subcontract or assign to others any part of the work under this agreement without prior written approval of the Department of Safety and Professional Services, except for limited backup purposes. All subcontractors must be approved by the Department of Safety and

Professional Services.

5.2 Employment

A. The Contractor will not engage the services of any person or persons employed by the State, including any department, commission or board thereof, without the written consent of the employer of such person or persons and of the Department of Safety and Professional Services.

B. All persons employed by the Contractor to conduct Uniform Dwelling Code (UDC)

Administration and Enforcement Services in Wisconsin must be credentialed to conduct such inspections in Wisconsin. The Contractor shall only use credentialed individuals.

5.3 Termination of Contract

The State may terminate this Contract for convenience at its sole discretion by providing a written notice to the Contractor at least ninety (90) days in advance of the intended date of termination.

In the event of termination for convenience by the State, the Contractor shall be entitled to receive compensation for any Fees owed under this Contract upon the date of effective termination. The

Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in this Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual service hours provided. The State shall be entitled to a refund of Fees for Services paid for but not received or implemented, such refund to be paid within thirty (30) days of written notice to the Contractor requesting the refund. However, the Contractor shall complete inspections of any dwelling for which fees have been received up to two years after permit issuance, unless waived by the Department.

5.4 Termination for Cause

The State may terminate this Contract after providing the Contractor with no less than ninety (90) days written notice for failure of the Contractor to perform under the terms of this Contract identified in the

Contractor’s right to cure notice issued by the State.

The Contractor may terminate this Contract after providing the State with no less than ninety (90) days written notice for failure of the State to perform under the terms of this Contract identified in the State’s right to cure notice issued by the Contractor.

5.5 Termination of Purchase Order

The State may terminate an individual Purchase Order if it determines that the Contractor is unable to deliver the Application or Licensed Services or provide the Application required in a timely manner, in order to meet the business needs of the State.

5.6 Contract Cancellation for Contractor Deficiencies

The State reserves the right to cancel this Contract in whole or in part without penalty, upon written notice to the Contractor, if the Contractor:

Fails to perform any material obligation required under this Contract after a thirty (30) day notice and cure period;

Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;

Makes an assignment for the benefit of creditors;

Fails to follow the sales and use tax certification requirements of s. 77.66, of the Wisconsin

Statutes;

Incurs a delinquent Wisconsin tax liability;

Fails to submit a non-discrimination or affirmative action plan as required herein;

Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter

111, of the Wisconsin Statutes (Wisconsin’s Fair Employment Law);

Becomes a state or federally debarred contractor, or is excluded from federal contracts;

Fails to maintain and keep in force all insurance, permits and licenses as required under this

Contract;

Fails to maintain the confidentiality of the State’s information or Data that is considered to be

Confidential Information, proprietary, or containing Personally Identifiable Information; or

In the sole opinion of the State, threatens the health or safety of a State employee, citizen, or customer by the Contractor’s performance of this Contract.

Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for

Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in the State of Wisconsin Standard Terms and Conditions, the State has the right to cancel and terminate the Contract without notice.

Upon cancellation, termination or other expiration of the Contract, each party shall forthwith return to the other all papers, materials, and other properties of the other held by each for purposes of execution of the

Contract. In addition, each party shall assist the other party in the orderly termination of this Contract and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party.

5.7 Examination of Records

The Contractor agrees that the Department will have access to and the right to examine, audit, excerpt and transcribe any directly pertinent books, documents, papers and records of the Contractor, involving transactions relating to this contract. Such material will be retained by the Contractor for three years following completion of the contract. Contractor shall honor open-records requests by the public.

Contractor shall cooperate with any departmental audits or investigations. Contractor shall provide requested data for the Insurance Services Office (ISO) Building Code Effectiveness Grading Schedule

(BCEGS) program. (See www.isomitigation.com for details.)

5.8 Additions and Deletions of Municipalities

Within the contracted UDC Bid Area for which the Contractor is responsible, the municipalities that require contractual enforcement services may change as they or their county elect to provide or not to provide municipal or county enforcement per s. SPS 320.06. The Department may make adjustments in the contract areas, including the splitting of them, based on Contractor requests as the result of municipal workload changes. Resulting new areas may be awarded to lowest-cost adjacent contractors or may be let out again by the Department for bidding. However, the Contractor shall complete inspections of any dwelling for which fees have been received up until two years after permit issuance, unless waived by the

Department.

5.9 Proprietorship

All material produced under this Contract shall remain property of the State. Use of same by the

Contractor shall be only with the advance written permission of the Department.

6.0 BID SUBMISSION

The following forms shall be signed, completed and submitted with the bid. Blank forms are attached.

1. DOA-3477 Vendor Information DS060617

2. Attachment A - Cost Bid Sheet DS060617

3. Attachment B - UDC Enforcement Experience Sheet DS060617

Bid must be sent via electronic mail (e-mail) to rebeccam.jorge@wisconsin.gov. The e-mail subject line shall be in the following format:

RFB DS060617 – [Bidder’s name]

Bids must be received no later than June 20, 2017 at 2:00 PM (CT) mailto:michaeld.mcnally@wisconsin.gov

7.0 STANDARD TERMS & CONDITIONS

The State of Wisconsin reserves the right to incorporate the following standard State contract provisions into any contract negotiated with any bid Standard Terms and Conditions (DOA-3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681). Failure of the successful bidder to accept these obligations in a contractual agreement may result in cancellation of the award.