Current Contract Information Form
State of Washington
Current Contract Information
Revision date: January 5, 2005
Effective date: December 16, 2004
|Contract number: |07301 (replaces 09992) |Commodity code: |9776 |
|Contract title: |Motor Vehicle Emissions Inspections Services |
|Purpose: |The administration of this contract has been fully assigned to Department of Ecology by mutual agreement of all |
| |parties. All further contractual actions will be administered by Department of Ecology. |
|Present Term: |August 20, 2001 (actual vehicle testing to start July 1, |through: |June 30, 2012 |
| |2002) | | |
|For use by: |Restricted use: Washington State Department of Ecology |
|Contract type: |This contract is designated as mandatory use. |
|Scope of contract |This contract is awarded to one contractor. |
|Contractor: |Agbar Technologies, Inc. |Contact Admin: |Ron Lancaster, President |
|Address: |444 Michigan Ave., Suite 1110 |E-mail: |rlancaster@ |
| |Chicago, IL 60611 |Alt Contract Admin: |Tom Fournier, Exc. Vice Pres. |
| | |E-mail: |tfournier@ |
| | |Phone: |(520) 577-7450 |
| | |Fax: |(520) 577-8085 |
| | |Supplier No.: |100652 |
| | |Fed. I.D. No.: |23-2831349 |
|Service available: |Vehicle emission inspection service |
|Payment terms: |Per contract payment schedule |
|Contract pricing: |Station construction and operation: |$11.20/test (all counties) |
| |New 4-lane Test Station: |$0.65/test (applies system wide) |
|Term worth: |$150,000,000/10-year term |
|State Procurement Officer: |Mark Gaffney |State Procurement Assistant: |Gretchen Puckett |
|Phone Number: |(360) 902-7424 |Phone Number: |(360) 902-7437 |
|Fax Number: |(360) 586-2426 |Fax Number: |(360) 586-2426 |
|Email: |mgaffne@ga. |Email: |gpucket@ga. |
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This Current Contract Information document updates and summarizes agreed upon changes to the contract as described below. All other contract terms, conditions and specifications remain unchanged.
Special Conditions:
1. Contract Revision: The Spokane test station located on Howe Road will be closed and will not be used in the performance of this contract. Contractor will construct and operate a new test station located on Marietta Avenue to conduct vehicle emission testing services, in addition to their test station located at N. Hamilton Street.
2. Contract Revision: Contract has been revised to permit Contractor to perform the two-speed-idle test on light-duty gasoline vehicles at any designated test station in lieu of the acceleration simulation test during the first two weeks of July 2002, when directed to do so by Ecology’s Contract Representative for one or more of the following reasons:
a. Ecology’s decision that one or more stations are not ready to perform acceleration simulation testing; or
b. To ensure that excessive waiting does not occur at one or more test stations; or
c. For any other reason deemed justified by Ecology’s Contract Representative.
However, in accordance with Section 12.2 payment to the Contractor for the two-speed-idle tests done in lieu of the acceleration simulation tests will be reduced by 10% per test. All other contract terms, conditions and specifications remain unchanged.
3. Effective January 31, 2002, the contract has been revised as follows: This contract revision is being issued to reflect changes in the proposed network of test stations. Agbar has purchased or will assume the lease of 19 of the Environmental Systems Product's motor vehicle emission inspection stations in Washington, unless for some unforeseen reason, it is not practical to utilize one or more of the leased properties in which case a substitute property may be utilized upon mutual agreement of the parties.
Agbar originally proposed to provide the State of Washington with seventy lanes (70) in fifteen (15) fixed facilities and one site for the use of a mobile test system. Under this change order, Agbar will operate a minimum of sixteen (16) fixed inspection stations around the State containing a minimum of seventy lanes (70) but will not use a mobile test system as originally proposed. Furthermore, Agbar intends to have the entire test station network operational on July 1, 2002 rather than only ten (10) stations as originally proposed. The following table represents the network of stations Agbar intends to operate in lieu of the network Agbar originally proposed.
|ESP SITE # |CITY |ADDRESS |PROPOSED LANES |
|CLARK | | | |
|19 |Vancouver |14110 NW 3rd Ct. |4 |
|20 |Vancouver |1121 NE 136th Avenue |5 |
|KING | | | |
|14 |Auburn |3002 A Street, SE |5* |
|4 |Seattle |12040 Aurora Ave., North |5 |
|2 |Renton |805 SW 10th Street |5* |
|3 |Seattle |3820 Sixth Ave. |5 |
|9 |Redmond |18610 NE 67th Ct. |4 |
|1 |Bellevue |15313 SE 37th Street |4 |
|PIERCE | | | |
|16 |Fife |4912 Pacific Highway E. |4 |
|15 |Puyallup |10320 122nd Street, East |4 |
|18 |Lakewood |3003 107th Street, South |5* |
|SNOHOMISH | | | |
|5 |Lynnwood |19726 64th Avenue, West |3 |
|11 |Marysville |117 Beach Ave. |4 |
|12 |Everett |1505 112th Street, SW |5* |
|SPOKANE | | | |
|8 |Spokane |N 920 Hamilton Street |4 |
|7 |Spokane |S. 211 Howe Road (05/21/02 replaced by station located|4 |
| | |on Marietta Avenue) | |
| | | | |
| | |TOTAL LANE COUNT |70 |
(Agbar will add an outside ramada lane at the Renton, Lakewood, Auburn and Everett stations as denoted with a (*) unless permitting and zoning approvals are not achieved. If these ramada lanes can not be constructed, Agbar will investigate other options to bring the lane count up to at least 70.)
The following facility modifications will occur:
Each site in the new Agbar network has been inspected to determine the needed facility modifications. The needed modifications include the construction of lane extensions and ramadas, exterior and interior renovations and site improvements. The details of the intended modification for each site have been submitted to and are subject to approval by Ecology. Any proposed changes will be communicated to Ecology immediately.
Lane Extensions
Where needed, building extensions will be constructed so that all inspection lanes will be the two-position inspection lanes at least fifty (50) feet in length as originally proposed. Agbar is currently obtaining the necessary permits and zoning approvals to construct these structures.
Ramada Construction
An outside ramada will be added to four (4) facilities to match the proposed lane count of seventy-lanes (70). Agbar is currently obtaining the necessary permits and zoning approvals to construct these structures.
Exterior Work and Interior Renovations
Agbar will paint the exterior of each building with a similar color scheme throughout the network. Colors will be submitted to the Department of Ecology for review and approval. Each station will also receive internal renovations based on specific facility needs. All stations will receive a thorough interior painting in the office core, restrooms, and test lanes.
Agbar shall reequip each facility with new testing equipment including dynamometers, emissions analyzers and computers.
Site Modifications
Agbar will re-stripe to clearly mark all parking and queue lanes at all sites. At four (4) facilities Agbar will make traffic flow improvements. Agbar is currently obtaining any permits and zoning approvals needed for these site modifications.
This change revision recognizes that the State is accepting mutually agreed to changes from the facilities and sites in the original Agbar proposal. There are no modifications of other contract provisions. Agbar will deliver the same testing services identified in the original proposal.
The following matrix summarizes the intended modifications for each site.
|Site |# |Address |Exterior |Interior |Extensions |Ramada |Site Improvements |
| | | | | | | |Required |
|Marysville |11 |117 Beach Avenue, Marysville |( |( |( | | |
|Everett |12 |1505 112th Street SW, Everett |( |( |( |( | |
|Lynnwood |5 |19726 64th Avenue W, Lynnwood |( |( |( | | |
|North Seattle |4 |12040 Aurora Avenue N, Seattle |( |( |( | | |
|South Seattle |3 |3820 Sixth Avenue, Seattle |( |( |( | | |
|Redmond |9 |18610 NE 67th Court, Redmond |( |( |( | | |
|Bellevue |1 |15313 SE 37th Street, Bellevue |( |( |( | |( |
|Renton |2 |805 SW 10th Street, Renton |( |( |( |( |( |
|Auburn |14 |3002 A Street SE, Auburn |( |( |( |( | |
|Fife |16 |4912 Pacific Highway E, Fife |( |( |( | |( |
|Lakewood |18 |3003 107th Street S, Lakewood |( |( |( |( |( |
|Puyallup |15 |10320 122nd Street E, Puyallup |( |( |( | | |
|W. Spokane |8 |N 920 Hamilton Street, Spokane |( |( |( | |( |
|E. Spokane |7 |(Revised 05/21/02) | | | | | |
|W. Vancouver |19 |14110 NW 3rd Court, Vancouver |( |( | | | |
|E. Vancouver |20 |1121 NE 136th Avenue, Vancouver |( |( | | | |
4. Effective January 31, 2002, amend Section 13.8 to delay application of liquidated damages when appropriately trained staff are not on duty at an inspection station to accommodate the employment of current Envirotest staff as follows: Until July 2003, the state will not seek liquidated damages when the ASE certification requirement is not met due to the employment of current Envirotest staff and that Ecology is committed to making reasonable allowances for the certification of new staff. However, Agbar is expected to encourage and support employee efforts to obtain certification.
5. Contract Award Information: The contract includes by reference all of the terms and conditions published in the original RFP and the amendment, including OSP‘s Standard Terms and Conditions and Definitions identified in the Competitive Procurement Standards referenced in the RFP. Although not published herein, the performance specifics included in Agbar Technologies’ proposal are incorporated into the contract, unless subsequently amended through mutual agreement. Vehicle inspection tests performed in the designated areas of Snohomish, King, Pierce, Clark and Spokane counties shall include ASM/2-speed idle/Gas Cap Leak/Opacity/OBD as specified in the RFP.
The following contract provisions were excerpted and abridged from the contract RFP.
II. SPECIAL TERMS AND CONDITIONS
REVISION OF STANDARD DEFINITIONS
Delete the following paragraphs from Section I Standard Definitions:
A. Delete paragraph 2 BID as it has been revised and replaced for this RFP.
B. Delete paragraph 3 BIDDER as it has been revised and replaced for this RFP.
C. Delete paragraph 9 CONVENIENCE CONTRACT as it is not applicable to this RFP.
D. Delete paragraph 11 FREE ON BOARD (FOB) DESTINATION as it is not applicable to this RFP.
E. Delete paragraph 12 LEAD TIME as it is not applicable to this RFP.
F. Delete paragraph 13 MANDATORY CONTRACT as it is not applicable to this RFP.
G. Delete paragraph 14 NON PROFIT CORPORATIONS as it is not applicable to this RFP.
H. Delete paragraph 15 POLITICAL SUBDIVISIONS as it is not applicable to this RFP.
I. Delete paragraph 16 PURCHASER as it has been revised and replaced for this RFP.
J. Delete paragraph 17 RECOVERED MATERIAL CONTENT PRODUCTS as it is not applicable to this RFP.
K. Delete paragraph 20 STATE AGENCY as it has been revised and replaced for this RFP.
REVISED AND SUPPLEMENTAL DEFINITIONS
In addition to the remaining definitions listed in Section I Standard Definitions, the following revised and supplemental definitions are included in this RFP:
A. BID OR PROPOSAL
A written offer to perform a contract to provide goods or services to the State in response to an IFB/RFP.
B. ACCELERATION SIMULATION MODE (ASM)
The test procedure for the exhaust emissions of gasoline powered vehicles found in WAC 173-422-070 and the EPA technical guidance document. “Acceleration Simulation Mode Test Procedures, Emission Standards, Quality Control requirements, and Equipment Specifications”, EPA-AA-RSPD-IM-96-2, except for the following provisions:
• The test procedure is limited to the ASM2525 mode (Section 85.2(d));
• Dynamometer identification plates are not required (Section 85.3(a)(1)(iv));
• Vehicle restraints need not be used (Section 85.3(a)(5)(ii));
• The dynamometer power absorber unit is not required to operate in the reverse direction (Section 85.3(a)(2)(v));
• Engine speed RPM does not need to be displayed during the test (Section 85.3(d)(4)); and
• Inertia simulation is not required (Section 85.3(a)(4)(ii)).
C. Authorized Emission Specialist (AES)
An individual who has been issued a certificate of instruction by the department as authorized by RCW 70.120.020 (2)(a) and has maintained the certification by meeting requirements of WAC 173-422-190(2).
D. ECOLOGY
The Washington State Department of Ecology or one of its designated representatives.
E. Ecology’s contract representative
The person designated by the manager of the Department of Ecology’s air quality program, as responsible for developing, interpreting and revising contract specifications, in cooperation with other staff and the Office of State Procurement.
F. Ecology regional staff
Ecology Air Quality Program employees responsible for monitoring and auditing the operation of the inspection stations to determine compliance with the contract requirements.
G. Emission Inspection
An emission inspection can be one or more of the following:
Gasoline Vehicles
• OBD II download;
• ASM 2525 exhaust emission test (including an idle mode);
• Two-speed idle exhaust emission test;
• Gas cap leak test; and
• Visual check of the vehicles primary emission control components (only if a waiver is being requested).
Diesel Vehicles
• Snap–acceleration diesel exhaust opacity test; and
• In addition or in lieu of the snap–acceleration test the contractor may be required to conduct a steady-state loaded diesel exhaust opacity test for light duty vehicles (8500 lbs. or less GVWR) similar to the ASM 2525 emission test for gasoline vehicles.
H. Fleets
A group of fifteen or more motor vehicles owned or leased concurrently by one owner assigned a fleet identifier code by the Department of Licensing [RCW 70.120.010 (3) and WAC 173-422-020(8)].
I. Gas cap leak test
The gasoline vehicle’s gas cap(s) will be tested for leakage of not more than 60 cubic centimeters per minute at a pressure of 30 inches of water as described in WAC 173-422-060(3) and the EPA technical guidance documents, “IM240 & Evap Technical Guidance” EPA420-R-98-010.
J. On-Board Diagnostic (OBD) Download
Reading the information stored in the On-Board Diagnostic system as described in WAC 173-422-060(4) and the applicable portions of federal regulations 40 CFR Part 51 Subpart S Inspection/Maintenance Program Requirements, sections 51.357- 51.363.
K. Operations manual
A publication that describes all policies and procedures related to station staff and management performing their duties.
L. Public information materials
Materials having state or federal publication numbers.
M. PURCHASER / STATE AGENCY
Purchaser shall be the Washington State Department of Ecology.
N. Snap-Acceleration Test
The test for the opacity of diesel powered vehicle exhaust as described in Chapter 173-422 WAC and the Society of Automotive Engineers (SAE) recommended practice J1667.
O. Steady-State Loaded Test
The testing procedure for the exhaust emissions of a vehicle where a constant load is placed on the vehicle for a fixed vehicle speed. For example, the Acceleration Simulation Mode test procedure for gasoline powered vehicles or a similar test for diesel powered vehicles.
P. Two-Speed Idle Test
The testing procedure for the exhaust emissions of gasoline powered vehicles found and described in WAC 173-422-60,and WAC 173-422-70 and the applicable portions of federal regulations 40 CFR Part 51 Subpart S Inspection/Maintenance Program Requirements, sections 51.357- 51.363, including:
• Appendix A Calibrations, Adjustments, and Quality Control (I) Steady-State Test Equipment,
• Appendix B Test Procedures (II) Two Speed Idle Test, and
• Appendix D Steady-State Short Test Equipment.
REVISION TO STANDARD TERMS AND CONDITIONS (T’s & C’s)
Delete the following paragraphs from Section III. STANDARD TERMS AND CONDITIONS (T’s & C’s):
A. Delete paragraph 18 DELIVERY as it is not applicable to this RFP.
B. Delete paragraph 19 INSPECTION AND REJECTION as it is not applicable to this RFP.
C. Delete paragraph 20 TITLE AND RISK OF LOSS as it is not applicable to this RFP.
D. Delete paragraph 22 IDENTIFICATION as it is not applicable to this RFP.
E. Delete paragraph 23 CHARGES FOR HANDLING as it is not applicable to this RFP.
F. Delete paragraph 24 INVOICING as it is not applicable to this RFP.
G. Delete paragraph 25 PAYMENT as it is not applicable to this RFP.
H. Delete paragraph 26 QUALITY STANDARDS as it is not applicable to this RFP.
PERFORMANCE GUARANTEE
Form: Within fifteen (15) calendar days after receipt of notice of award, the Contractor shall furnish the state with a performance guarantee. Said guarantee shall be in the form of a bond on a form furnished by the state and completed by an approved surety; or
Amount: The performance guarantee shall be for an amount which is not less than $1,000,000 for the initial term of the contract and shall be conditioned upon the faithful performance of the Contractor.
Noncompliance: Failure to provide the required guarantee will result in contract cancellation.
INSURANCE
General Requirements: Contractor shall, at their own expense, obtain and keep in force insurance as follows until completion of the contract. Within fifteen (15) calendar days of receipt of notice of award, the Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to the state that insurance, in the following kinds and minimum amounts has been secured. Failure to provide proof of insurance, as required, will result in contract cancellation.
Contractor shall include all subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility.
All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by State.
Specific Requirements:
A. Employers Liability (Stop Gap): The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employers Liability insurance with a limit of no less than $1,000,000.00. The state will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of this contract.
B. Commercial General Liability Insurance: The Contractor shall at all times during the term of this contract, carry and maintain commercial general liability insurance and if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under this contract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or servants.
The insurance shall also cover bodily injury, including disease, illness, and death and property damage arising out of the Contractor’s premises/operations, independent contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business contract), and contain separation of insureds (cross liability) conditions.
Contractor waives all rights against the State for the recovery of damages to the extent they are covered by general liability or umbrella insurance.
| | |
| |$2,000,000 |
|(other than products-completed operations) | |
|Products-Completed Operations Limit |$2,000,000 |
|Personal and Advertising Injury Limit |$1,000,000 |
|Fire Damage Limit (any one fire) |$ 50,000 |
|Medical Expense Limit (any one person) |$ 5,000 |
C. Business Auto Policy (BAP): In the event that services delivered pursuant to this contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease and death; and property damage caused by an occurrence arising out of or in consequence of the performance of this service by the Contractor, subcontractor, or anyone employed by either.
Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $1,000,000 per occurrence. The business auto liability shall include Hired and Non-Owned coverage.
Contractor waives all rights against the State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.
D. Additional Provisions: Above insurance policies shall include the following provisions:
1. Additional Insured: The State of Washington and all authorized contract users shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance.
Notice of policy(ies) cancellation/non-renewal: For insurers subject to Chapter 48.18 RCW (Admitted and regulated by the Washington State Insurance Commissioner) a written notice shall be given to the State forty-five (45) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this contract.
For insurers subject to Chapter 48.15 RCW (Surplus Lines) a written notice shall be given to the State twenty (20) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this contract.
If cancellation on any policy is due to non-payment of premium, the State shall be given a written notice ten (10) calendar days prior to cancellation.
2. Identification: Policy(ies) and Certificates of Insurance must reference the state’s contract number 07301.
3. Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports. Any exception must be reviewed and approved by General Administration’s Risk Manager, or the Risk Manager for the State of Washington, by submitting a copy of the contract and evidence of insurance before contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and Chapter 284-15 WAC.
4. Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits.
III. SPECIFICATIONS
PART A INTRODUCTION AND OVERVIEW
1.0 Purpose
1.1 What Does The State Want Done?
Gasoline and diesel vehicles registered to addresses within the ZIP codes listed in Washington Administrative Code (WAC) 173-422-050 are required to have an emission inspection before licensing every other year. The following identifies the model year vehicles to be tested:
2002. 1978-1994, even model-years only, + 1997;
2003. 1979-1995, odd model-years only, + 1996, 1998;
2005. 1980-1994, even model-years only, +1997, 1999;
2006. 1981-1995, odd model-years only, + 1996-2000, even model-years only;
2007. 1982-1994, even model-years only + 1997-2001, odd model-years only;
2008. 1983-1995, odd model-years only, + 1996-2002, even model-years only;
2009. 1984-1994, even model-years only, +1997-2003, odd model-years only;
2009. 1985-1995, odd model-years only, + 1996-2004, even model-years only;
2010. 1986-1994, even model-years only, +1997-2005, odd model-years only;
2011. 1987-1995, odd model-years only, + 1996-2006, even model-years only; and
2012. 1988-1994, even model-years only, +1997-2007, odd model-years only.
An exception to biennial testing is that state and local government vehicles test annually. An emission inspection may also be required when there is a transfer of vehicle ownership between private parties and for federal vehicles and private vehicles operated on federal facilities.
During 1999, the number of initial inspections conducted at the inspection stations in each county were:
• Clark County 115,495
• King County 577,164
• Pierce County 206,662
• Snohomish County 150,509
• Spokane County 121,967
Total: 1,171,797
The State will not guarantee a Contractor a minimum number of paid inspections. The contractor’s compensation will not be set by the number of inspections performed.
1.3 Which Vehicles Are Not Required To Test?
The current exemptions are listed in WAC 173-422-170. The major exemption is that vehicles need not be inspected before the fifth year or after their twenty-fifth year. Prorated (licensed in several states) vehicles are not required to be inspected.
1.4 How Will Vehicles Be Inspected?
The specifics of how vehicles will be inspected are found in Specifications Parts B. However, in summary:
The following tests may be performed at the inspection stations:
• An Acceleration Simulation Mode 2525 (ASM2525) test (including an idle mode) or a two-speed idle test of gasoline vehicle exhaust emissions.
• A snap-acceleration test and a steady-state loaded test of diesel vehicle exhaust emissions opacity. In addition or in lieu of the snap–acceleration test the contractor may be required to conduct a steady-state loaded diesel exhaust opacity test for light duty vehicles (8500 lbs. or less GVWR) similar to the ASM 2525 emission test for gasoline vehicles.
• A leak test and visual check of gasoline vehicle gas caps.
• Retrieval of the fault codes that indicate an emission-related malfunction from the on-board diagnostic (OBD) system of 1996 and later model light-duty (8500 lbs. or less GVRW) gasoline vehicles.
1.5 How Many Stations or Test Lanes Are Desired By The State?
The state intends to issue a contract that will minimize customer waiting at inspection stations. Violations of the excessive waiting time criteria as defined in Section 7.1 may result in the liquidated damages specified in Section 13.5 being assessed. The proposer must propose location and number of lanes per station for a complete network of stations sufficient to meet customer performance criteria. However, the State recognizes that due to the short time available to permit, construct, equip and prepare the stations for operation that all stations may not be in operation by July 1, 2002. Therefore, for the first six months of station operation (i.e. through January 2, 2003), a phase-in of stations may be permitted. During this phase-in, liquidated damages specified in Section 13.5 would not be assessed at those locations where all emission inspection lanes are open, individually staffed and fully operational even though wait times are exceeded.
Each proposer must include as part of their proposal a schedule of the tasks (including all governmental permits and approvals) needed before inspections start at each proposed station. This schedule needs to specify which stations are expected to be operating by July 1, 2002 and which stations are expected to be operational prior to January 2, 2003.
1.6 What Is The Cost To Add One Or More Test Stations During The First Two Years Of The Contract?
It is likely that the State may obtain authorization to add and operate one or more test stations to enhance customer service during the first two years of the contract. So that the costs of this anticipated program expansion may be properly considered, proposers are asked to specify in their proposal the cost to add one or more 4-lane test stations within any designated county during the first two years of the contract. The layout and operation of these new stations will be same as other contract stations.
2.0 Legal Requirements
2.1 What Are The State Requirements For Emission Inspections?
State law directs the Department of Ecology to administer an emission inspection program, as long as such a program is needed to prevent violations of federal air quality standards. It also directs that private businesses operate the inspection stations. The emission inspection program may be terminated or changed materially by action of the Legislature or Ecology. If a program change has a significant impact on the performance of the contractor(s), the contract(s) will be revised accordingly through mutual agreement.
This RFP includes the technical specifications of tests to be performed, and the criteria that will be used to evaluate proposals. The requirements and descriptions in this RFP take precedence over all previously published documents, except for state and federal laws and the associated rules.
The Department of Ecology uses the services of the Department of General Administration, Office of Procurement, to contract for emission inspection services. All communications regarding this RFP should be directed to Robert Paulson, Jr., C. P. M., State Procurement Officer.
2.2 What Are The Federal Requirements For An Emission Inspection Program?
The federal Clean Air Act directs the U.S. Environmental Protection Agency (EPA) to set national air quality standards and new motor vehicle emissions standards. It also requires states to prevent violations of federal air quality standards through a motor vehicle inspection and maintenance program.
The Washington emission inspection program is a result of the 1977 federal Clean Air Act Amendments that provided EPA with the authority to impose sanctions against states without an approved State Implementation Plan. These federal sanctions include the withholding of federal highway funds.
The 1990 federal Clean Air Act Amendments required EPA to promulgate rules governing motor vehicle emissions inspection and maintenance programs. The current federal rule, (40 CFR Part 51), is also included by reference into this RFP, with some exceptions. (See Specifications Part B. Section 9.1)
2.3 What Are The Requirements For The Emission Inspection Stations?
All emission inspection stations as a minimum shall conform to all applicable requirements contained in Part B.
PART B Technical Specifications - Station Operation
1.0 Scope and Purpose
1.1 What Is The Scope And Purpose Of The Contract?
The contract defines the State’s requirements of the Contractor providing motor vehicle emission inspections consistent with Chapter 70.120 RCW and Chapter 173-422 WAC, and 40 CFR Part 51.
2.0 General Requirements
2.1 In General, What Are The Contractor’s Responsibilities?
The responsibilities are to conscientiously and expeditiously:
1. Recruit, train and maintain adequate staff;
2. Maintain emission inspection stations;
3. Operate emission inspection stations;
4. Collect and provide emission inspection data as required by Ecology and Department of Licensing;
5. Collect and account for all fees received;
6. Track and report on Ecology authorized emission specialists/repair shop effectiveness in reducing emission readings; and
7. Cooperate with Ecology’s public information, auditing, and investigation activities as related to the emission inspection program.
3.0 Audits
3.1 How Will The State Verify Compliance With The Contract?
Ecology will conduct announced or unannounced audits at the emission inspection stations and the Contractor’s administrative offices.
3.2 What Will Be Audited?
The audit will include, but is not limited to:
1. Performance, including testing procedures, equipment calibration, operation and data handling;
2. Fiscal and administrative procedures at anytime during station’s operating hours;
3. Training, safety, operations and procedures manuals; and
4. All records, including calibration and maintenance logs.
3.3 When Can Audits Be Conducted?
Audits may be conducted anytime. Audits during non-operating hours will be scheduled in advance.
3.4 Can The Audit Be Done Without Contractor Personnel?
Ecology regional staff will perform routine equipment checks during operating hours without the aid or participation of Contractor’s employees. During an audit, Contractor station personnel may be required to direct vehicles to other lanes.
3.5 Will The State Be Entitled To Conduct Financial Audits?
The State or it designated representative will audit the Contractor's records and record keeping system and procedures to verify that the Contractor has accurately collected and accounted for the fees. Upon request, the Contractor shall provide copies of relevant reports, financial statements, and other information needed for the audit. As the result of an audit, if any discrepancies are found, the Contractor shall respond within 30 calendar days.
Additionally, the State may conduct a complete financial audit in connection with a contract change.
3.6 Will The State Be Entitled To Review The Contractor’s Computer Software Programs?
The State will review the computer software programs that are used by the Contractor to perform any of its responsibilities under the contract. This review will be part of the initial acceptance testing done prior to any software modifications, and at other times upon request by Ecology. If emission inspections are performed incorrectly due to the software errors, this will be considered an equipment failure and subject to the same liquidated damages and payment adjustments. To verify that software changes produce the desired results, the revised software will be installed in one agreed-upon lane for Ecology’s observation. Only after receiving Ecology’s contract representative approval may the software revision be installed in all lanes.
4.0 Fees
4.1 Who Collects Emission Inspection Fees?
The Contractor shall collect emission inspection fees for all vehicles inspected, with the exception of those vehicles identified in Section 4.3. There shall be no charge for visual inspections or rechecks of gasoline caps. The vehicle operators may pay the inspection fee using cash, personal or business checks, VISA, MasterCard, or Discover Card credit and debit cards or by charging to a Contractor established business account. The Contractor will not be required to make change for bills larger than $50. When all lanes do not accept payment other than cash, the cash-only lanes need be have signs designating these lanes as cash-only lanes for the drivers approaching the test lanes. The Contractor will retain an amount from the emission inspection fee equal to the contracted price and remit the balance to the State after making any required payment adjustments, including the cost of invalid tests. No adjustment shall be made to the State portion of the emission inspection fee for bad debts or any expenses associated with them.
4.2 What Is The Maximum Allowable Fee?
Based on previous legislative action, the vehicle emission inspection fee is capped at $15.00 per test. Deducting funds to be transferred to the state to fund Ecology’s Air Quality Program, the maximum inspection fee available to the proposer to provide contract services is $11.20 per vehicle.
4.3 How Does The Contractor Distribute The Fee?
All fees collected shall be deposited at least twice a week into a federally insured and state-approved financial institution. No later than Friday of each week, the State’s portion of the fees from all emission inspections conducted through the previous Sunday shall be transferred to the State Treasurer via electronic funds transfer. The State will provide details on how to process an electronic funds transfer.
4.4 Will Any Emission Inspections Be Done Without Charge?
The Contractor shall not charge the customer for:
1. State or local government vehicles;
2. Vehicles being retested for the first time after failing the initial test of a test cycle;
3. Retest required due to incorrect or improper inspections; and
4. Referee or audit tests requested by Ecology regional staff.
4.5 How Does The Contractor Get Paid For Inspections Conducted Without Charge?
For inspecting state and local government vehicles, the Contractor shall withhold the amount of Contractor’s compensation for emission inspections for these vehicles from the amount otherwise to be transferred to the State Treasurer. Since no payment is withheld for the first retest of any vehicles, none should be withheld for state and local government vehicles. Contractor shall withhold the amount of Contractor’s compensation of any test requested by Ecology.
4.6 Will The Contractor Be Required To Provide Refunds?
The Contractor shall respond to and process written requests for refunds of the inspection fees and for the cost of diagnosis or repair costs incurred by vehicle owners. The Contractor will provide a copy of the refund request to Ecology when it is received and a copy of the Contractor’s response.
Upon written direction from Ecology’s contract representative, the Contractor will provide refunds of inspection fee(s) to a vehicle owner from the State’s portion of the fees collected.
Refunds, not to exceed $150, for the cost of diagnosis or repair cost incurred by vehicle owners due to improper or incorrect tests are the Contractor’s responsibility and will be reimbursed to the vehicle owner from the Contractor’s funds upon written direction from Ecology’s contract representative.
4.7 Will The State Guarantee A Minimum Number Of Paid Emission Inspections?
No. The State will not guarantee a minimum of paid emission inspections.
4.8 Does The Contractor Pay Retail Sales Taxes?
The Contractor shall pay the retail sales taxes applicable to any business operating in the State of Washington on purchases of materials, equipment and supplies used or consumed in the performance of the contract.
5.0 Employment Standards
5.1 What Are The Certification Requirements For Station Managers?
At all times each test station must have on duty a station manager or assistant station manager. (An assistant station manager is another person with the full range of operational authority to act in the station manager’s absence.) This person must be an Ecology Authorized Emission Specialist (AES) and have current National Institute for Automotive Service Excellence (ASE) A-8 Engine Performance, or L-1 Advanced Engine Performance certification. The AES certification shall be renewed yearly. The ASE certifications must have been renewed within the last 5 (five) years.
5.2 What Are The Training Requirements For Station Employees?
All station employees and any contractor employee personnel that may perform inspections must annually pass (with a score of 80 percent or greater) an Ecology-approved test based on the Operator Manual. They must initially have had a qualified lane operator working with them in the lane testing a minimum of 50 gasoline and ten diesel vehicles. Ecology regional staff may request verification of lane operator competency at any time. This verification may include having the Contractor employee immediately retake and pass the same or similar written examination that originally qualified them to conduct inspections (See Section 5.5). During all operating hours, at least one person in addition to the manager or assistant manager must be on duty that is both AES and ASE A-8 or L-1 certified (see Section 5.1).
5.3 Will Ecology Participate In Employee Training?
Ecology regional staff may monitor or participate in any portion of the Contractor employee training. Ecology regional staff shall be notified in writing two weeks in advance of scheduled training (excluding individual training).
5.4 How Will Station Employees Know What Procedures To Follow To Perform Their Duties?
The Contractor shall develop an Operations Manual that describes all policies and procedures related to station staff and management performing their duties. This Operations Manual shall consist of an Operator Manual and a Station Manager Manual and shall be included in the acceptance procedures. Revisions, additions and updates require Ecology approval. New or revised policies and procedures will be added to the manual on or before the effective date. Ecology may review the manual at any time.
A copy of the Ecology-approved Operator Manual portion of the Operations Manual shall be located in each lane, the employee break area, and the office.
5.5 How Can An Employee Who Is Not Demonstrating Proficiency Continue To Work?
If there is a concern with the ability of a Contractor employee to properly conduct inspections, Ecology regional staff may administer a written re-qualification test. If the employee fails the test (less than 80 percent correct answers) the employee must test a minimum of 50 gasoline and ten diesel vehicles with a qualified lane operator before being eligible to take another re-qualification test. In order to inspect vehicles alone, the employee must pass a re-qualification test.
5.6 What Are The Minimum Staffing Requirements Of Each Inspection Station?
At a minimum, two people, a manager or an assistant manager and at least one lane operator must be at the station at all times. There must also be enough lane operators to cover all operating lanes, as needed to prevent excessive waiting time as defined in Section 7.1.
5.7 What Hours And Wages Are Contractor Employees Guaranteed?
All employees’ work schedules shall be set at least one week in advance. Each employee shall be guaranteed a minimum of 16 hours a week.
The wage for employees shall be at least one dollar ($1.00) above the state minimum wage.
5.8 How Will Station Employees Be Dressed?
When in contact with the public, station staff shall wear only standardized uniforms and must wear visible nametags showing their first name only and inspector identification number.
5.9 How Shall The Contractor Assure The Safety Of Its Workers And The Public?
The Contractor shall conform to all applicable federal, state, or local requirements. The Contractor must provide a comprehensive safety plan for employees and the public. The plan must consist of general safety standards and actions to be taken in the events listed, but not limited to:
1. Accidents occurring during testing;
2. Vehicle or building fire;
3. Robbery;
4. Employee threat;
5. Bomb threat;
6. Natural disaster;
7. Inclement weather;
8. Customer and employee injuries or accidents; and
9. Station air quality
Any incidents related to safety concerns will be reported to Ecology regional staff within 24 hours.
5.10 Can Food Be Consumed On The Lanes Or Inspection Station Offices?
The Contractor’s employees shall not eat food (except for beverages) at an inspection station area visible to the public.
6.0 Communication Requirements
6.1 How Will The State Be Assured That Inspections Will Start On Time?
Until December 2001, the Contractor shall provide monthly progress reports to Ecology’s Contract Representative after the contract is signed. Starting January 2002, the progress reports will be provided weekly until all stations operated by the Contractor are in operation.
The Contractor shall answer in the next progress report any questions raised by the Ecology’s Contract Representative. By November 1, 2001, the Contractor shall propose the acceptance testing procedures to be used by Ecology to confirm that all contract requirements will be met by the Contractor prior to inspections being conducted. Failure to be prepared for or complete acceptance testing may result in liquidated damages. (See Section 13.13)
6.2 How Will The Contractor Maintain Good Communication With The Public and Ecology?
The Contractor shall have electronic mail and telephone capability at all emission inspection stations and administrative offices that will be publicized and available to both the public and Ecology.
The electronic mail and telephone capability at each emission inspection station (these systems need not be physically located at the station if equal or better service is provided) will consist of:
1. A 24-hour electronic mail system with audio and visual notification of message arrival;
2. A direct telephone line for use exclusively by Ecology; and
3. A 24-hour direct telephone line, with a recorded message and voice messaging capability, for public use exclusively. The text of the recorded message must be approved by Ecology’s contract representative. The recorded message will include the following information at a minimum:
A. Station name and location /address;
B. Hours of operation;
C. Current wait time in minutes based on actual continuous measurement;
D. The telephone number to contact Ecology’s regional staff; and
E. How to contact station staff directly.
The electronic mail and telephone capability at the contractor’s administrative office will consist of:
1. A 24-hour telephone line, with voice messaging capability;
2. A 24-hour electronic mail system with audio and visual notification of message arrival;
3. Near real-time required vehicle emission inspection data access through either multiple (no less than five) dial-up lines and/or electronic transfer; and
4. A Web based Internet site approved by the Ecology contract representative that will provide access to emission test records.
6.3 Will Emission Inspection Station Phone Numbers Be Listed In Phone Directories?
Emission inspection station locations and phone numbers will be listed as Washington Motor Vehicle Emission Inspection Stations consistently in both the white and yellow pages of the major telephone company directory of the primary area served by the local stations. The listing will preferably be under “Auto Emission Inspection" unless restricted by the telephone company.
7.0 Customer Service
7.1 What Is Excessive Waiting Time?
Excessive waiting time is waiting time that exceeds 20 minutes per vehicle or when there are more than 4 (four) vehicles staged in a lane.
7.2 How Will Ecology Notify The Contractor Of Excessive Waiting Times?
Ecology may issue written notification of excessive waiting time based on any of the following methods:
1. Visual observations of the emission inspection station staging area.
2. Video monitor observations of the emission inspection station staging area.
3. Time-stamped tickets issued at the start of line of vehicles to be inspected.
4. The computerized wait-time tracking system required of the Contractor.
Once Ecology has written a violation for a station, the Contractor has 30 minutes to correct the problem before issuance of a subsequent wait time violation for that station. A violation has been corrected when waiting time does not exceed 20 minutes per vehicle or when there are not more than 4 (four) vehicles staged in a lane.
7.3 How Will The Contractor Provide For Customer Feedback?
The Contractor will provide Ecology-addressed and approved forms to register comments regarding the operation of the emission inspection station in the testing lanes, as well as in the office. Customers shall be made aware of these forms by signs with lettering at least one inch high. Signs shall be posted on the testing lanes, as well as the office. Contractor-specific complaints will be returned to the Contractor. The Contractor shall respond to the customer, in writing, within five working days, with a copy to Ecology’s contract representative and regional staff.
7.4 What Does The State Consider Excessive Customer Complaints?
More than three written complaints per station each month.
7.5 Must The Contractor Keep Copies Of The Test Reports?
The Contractor shall provide the vehicle operator a completed test report form, including an extra copy if the form is so designed, at the conclusion of each completed inspection. In addition, each emission inspection station shall be able to produce a copy on site of the most recent test report, free of charge, at the request of the vehicle owner or Ecology.
7.6 Who Is Responsible For Printing The Test Forms?
The Contractor is solely responsible for the ordering and purchasing of pre-numbered, Ecology-designed vehicle emission inspection forms. Ensuring security of the forms on the premises or during the recycling process is also the responsibility of the Contractor. Payment for the forms shall be deducted from the State’s portion of the inspection fee.
8.0 Station Requirements
8.1 What Are The Emission Inspection Station Operating Requirements?
The Contractor shall assure that emission inspection stations:
1. Conform to all applicable state, local or federal requirements.
2. Operate the posted hours. Stations may begin testing vehicles earlier and later than posted hours and on an appointment basis. All public entry doors will be unlocked, lights on in public access areas, and lane doors open. In order to provide prompt assistance to walk-in customers, there shall be a system in place to notify station staff of their arrival. Examples are a bell at the customer desk or a front door buzzer. All vehicles already in line at closing time shall be tested and completely processed, prior to station closing.
The stations shall be closed on the following: January 1; Martin Luther King, Jr. Day; Presidents' Day; Memorial Day; July 4; Labor Day; Veterans' Day; Thanksgiving Day; and December 24 and 25. When these holidays fall on a Sunday, the stations will be closed the following Monday.
3. Maintain and operate equipment according to the manufacturer’s specifications, including appropriate temperature environment.
4. Have a computerized testing system for the inspection of diesel and gasoline vehicles. This system shall:
A. Automatically control all emissions test procedures, including guidance on which vehicle can be tested on the dynamometer. All testing will be conducted in accordance with EPA requirements in 40 CFR 51, unless expressly provided for in the awarded contract.
B. Print the applicable test standards, final inspection pass/fail results, the final reading for each exhaust emission test mode, the pass/fail result of each reading, the pass/fail results of each gas cap tested, and the pass/fail results of an OBD test and which OBD code may be triggering the malfunction indicator light (MIL)/check engine light to be illuminated.
C. Check if the Vehicle Identification Number (VIN) agrees with the state Department of Licensing vehicle records and the previous vehicle emission inspection reports, and make corrections as necessary to update the contractor’s database to ensure correct VIN entry. The R. L. Polk VIN edit software or equivalent shall be used to ensure that no erroneous VINs are manually entered into inspection records. (The lane operator shall verify vehicle make, model and last two digits of the VIN with computerized information.)
D. Communicate with a remote central database that will:
1. be the source through which the inspection lanes have access to the Department of Licensing vehicle registration database;
2. receive all inspection records online in real-time from the inspection lanes when the inspection is completed; and
3. transmit to the Department of Licensing which vehicles have completed the inspection process.
5. Maintain fully operational lanes. (See Section 8.3)
6. Test and handle data as identified in Chapter 173-422 WAC and this contract.
7. Perform a weekly multi-point calibration of all exhaust analyzers. (See Section 8.2)
8. Have computerized test equipment that can connect directly to and monitor the OBD on 1996 and newer model gasoline vehicles with an 8500 lbs. or less GVWR. The readout of readiness codes, failure codes, and MIL/check engine light status must be integrated into the inspection lane testing software. Hand-held units or separate interfaces may not be used except for the inspection prior to issuing a waiver, unless there is a unit dedicated to each lane and automated to upload test reports to the central database.
9. Have a source of compressed air for tire inflation accessible to the public, without charge, during operating hours. The location of this compressed air source must not impede the testing process or access to the test lanes. In addition, each test lane shall have a source of compressed air for tire inflation by the lane operator.
10. Maintain carbon monoxide and NOx monitors that shall warn of unsafe levels to workers and the public, including calibration gas storage areas.
11. Have a locked calibration gas storage area accessible by Ecology regional staff for their use.
12. Have guard rails or other type of safety barriers in the test lane to deter a vehicle operator from entering the flow of traffic or contacting any testing equipment.
13. Have a computerized wait-time tracking system.
14. Have the communication system as specified in Section 6.2.
15. Have a fire suppression system.
8.2 What Is A Multi-Point Calibration?
It is a test of the exhaust gas analyzer using calibration gases at 0, 20, 40, and 60 percent of full scale. The span gas used shall be traceable to National Institute of Standards and Technology (NIST) standards within +1 percent.
8.3 What Is A Fully Operational Lane?
Fully operational lane means that:
1. Gasoline vehicle testing lanes must have all necessary equipment including, but not limited to: analyzers, dynamometers, tachometers, dynamometer hoists, hoses, filters, probes, cables, connectors, printers, monitors, an OBD scan connector and gas cap leak check equipment to perform the required tests.
2. Diesel vehicle testing lanes must have all necessary equipment including, but not limited to, an opacity meter, calibration test filters, and the connecting cables and exhaust boot sets to perform the required tests.
3. All vehicle testing lanes must have appropriate support equipment including, but not limited to: software and hardware, gas bottles, gauges, manifolds and tubing necessary to operate the gas self test system, air compressors, electrical and telephone connections, and plumbing and drains.
4. Gasoline vehicle exhaust analyzer readings must return to less than 10 ppm hydrocarbons within 30 seconds of completion of previous test.
5. The equipment must be on and operational during business hours.
Equipment specifications, preventative maintenance and quality assurance procedures shall be provided to Ecology. Where the contractor has modified equipment, software, or created specifications, preventative maintenance and quality assurance procedures, and Operator Manual revisions must be developed and provided to Ecology.
8.4 How Will The Inspection Stations Be Located?
Proposers must submit an inspection station acquisition plan and a description of the proposed inspection station(s) design as part of their proposal. This plan shall consist of the method of locating, selecting and acquiring inspection station sites. The proposer must include a description of the rationale, methods, and data used to locate the proposed inspection station(s). Also the proposer needs to describe how each station will be accessed by the public without impeding the flow of nearby traffic.
8.5 How Will The Inspection Stations Be Designed?
Proposers must submit a detailed description of the location, layout and size of each proposed station. The designs of each proposed inspection station must at a minimum meet the requirements in the specifications herein.
8.6 What Are The Physical Features Of An Emission Inspection Station?
All emission inspection stations are required to:
1. Maintain a station office that includes a public restroom, public telephone, employee lunch or break room, customer service area, and space for Ecology-approved public information materials.
2. Have an area that accommodates the entry, exit and inspection of vehicles up to 14 feet high, 9 feet wide and 40 feet long. Each test lane need not accommodate larger vehicles and the oversize vehicle test area need not be enclosed. However, unless all lanes can accommodate the entry, exit and inspection of larger vehicles there needs to be signs directing the drivers of larger vehicles to the area where they will be tested.
3. Provide and maintain signs that:
A. Read "State Emission Inspection Station operated by [contractor].” All letters shall be at least 6 inches high and visible to the public at the entrance of the facility.
B. Provide traffic control and visitor information.
4. Maintain the station and station property including, but not limited to completing needed repairs, cleaning, painting and landscaping consistent with the original design.
8.7 Will The Contractor Provide Space to Ecology Regional Staff At The Emission Inspection Station?
The Contractor shall provide space for the following:
1. Calibration gases and test equipment for Ecology regional staff (see Section 8.1.11).
2. Meeting with customers to diagnose vehicle problems (including use of an emission inspection lane and other locations).
3. A video surveillance system or other methods of monitoring the vehicles waiting to be tested.
8.8 Who Is Responsible For Installing Signs?
The installation of signs at the inspection stations and their maintenance is the responsibility of the Contractor. Prior to station operation, the Contractor shall arrange for the installation and maintenance of signs directing the public to each emission inspection station. Directional signs are not required on state highways or for stations located on state highways. However where required, these signs shall be located starting from a location as close as possible to the nearest state highway. If arrangements can not be made with local government agencies for the installation of signs on public right-of-ways than the contractor shall arrange for the installation of signs on private property.
8.9 Will the Contractor Provide Parking Spaces for Customers?
At a minimum, the Contractor will reserve three parking spaces closest to the test station office for customer use. Station personnel shall park their vehicles in other parking spaces designated for this purpose.
9.0 Testing Requirements
9.1 How Will The State Judge Adequacy Of Proposer’s Equipment And Procedures?
Proposals shall include a description of the emission inspection equipment and test procedures to be used. Previously used equipment or equipment purchased originally for another purpose must be identified and its age or hours of use provided. The proposer’s emissions inspection equipment and procedures must comply with all the requirements of Chapter 173-422 WAC; and the applicable portions of federal regulations 40 CFR Part 51 Subpart S Inspection/Maintenance Program Requirements, sections 51.357- 51.363, including:
• Appendix A Calibrations, Adjustments, and Quality Control (I) Steady-State Test Equipment,
• Appendix B Test Procedures (II) Two Speed Idle Test, and
• Appendix D Steady-State Short Test Equipment.
And the following EPA technical guidance documents:
• “IM240 & Evap Technical Guidance” EPA420-R-98-010, (gas cap test portion only), and
• “Acceleration Simulation Mode Test Procedures, Emission Standards, Quality Control requirements, and Equipment Specifications”, EPA-AA-RSPD-IM-96-2, except for the following provisions:
• The test procedure is limited to the ASM2525 mode (Section 85.2(d)) and an idle mode;
• Dynamometer identification plates are not required (Section 85.3(a)(1)(iv));
• Vehicle restraints need not be used (Section 85.3(a)(5)(ii));
• The dynamometer power absorber unit is not required to operate in the reverse direction (Section 85.3(a)(2)(v));
• Engine speed RPM does not need to be displayed during the test (Section 85.3(d)(4)); and
• Inertia simulation is not required (Section 85.3(a)(4)(ii)).
The technical proposal may include self-contained mobile vehicle inspection units. The mobile units need not provide all the types of inspections offered at the permanently located inspection stations. The proposer may request a waver of any technical specifications in Part B that may be more applicable to fixed station operation. The inspection data from a mobile unit must be downloaded to the proposer's central database on the same day.
9.2 What Procedures Shall The Contractor Use To Test Diesel Vehicles?
Opacity tests. Diesel vehicles exhaust emissions opacity will be measured using the snap-acceleration, or a steady-state loaded test. Ecology may require that all two-wheel drive light-duty diesel vehicles will be tested for opacity using a steady-state loaded test such as the ASM2525 test used for light-duty gasoline vehicles. All other light-duty diesel vehicles and all heavy-duty diesel vehicles will be tested using the snap-acceleration or an idle test when specified by Ecology’s contract representative.
9.3 What Procedures Shall The Contractor Use To Test Gasoline Vehicles?
1. ASM2525 or two-speed idle exhaust emissions test. Gasoline vehicle exhaust emissions will be tested for hydrocarbons (HC), carbon monoxide (CO), carbon dioxide (CO2), and oxygen (02) using either the Acceleration Simulation Mode 2525 (ASM2525) test procedure, including an idle mode or a two-speed idle test procedure. The Contractor shall use the emission standards, and test procedures, and emission inspection data handling procedures, described in WAC 173-422-060, and WAC 173-422-070 and the applicable portions of federal regulations 40 CFR Part 51 Subpart S Inspection/Maintenance Program Requirements, sections 51.357- 51.363, including:
• Appendix A Calibrations Adjustments, and Quality Control (I) Steady-State Test Equipment,
• Appendix B Test Procedures (II) Two Speed Idle Test, and
• Appendix D Steady-State Short Test Equipment.
And the following EPA technical guidance document. “Acceleration Simulation Mode Test Procedures, Emission Standards, Quality Control requirements, and Equipment Specifications”, EPA-AA-RSPD-IM-96-2, except for the following provisions:
• The test procedure is limited to the ASM2525 mode (Section 85.2(d) and an idle mode);
• Dynamometer identification plates are not required (Section 85.3(a)(1)(iv));
• Vehicle restraints need not be used (Section 85.3(a)(5)(ii));
• The dynamometer power absorber unit is not required to operate in the reverse direction (Section 85.3(a)(2)(v));
• Engine speed RPM does not need to be displayed during the test (Section 85.3(d)(4)); and
• Inertia simulation is not required (Section 85.3(a)(4)(ii)).
Two-wheel drive light duty (8500 GVWR or less) gasoline vehicles will be tested using the ASM2525 test procedure and tested at idle except for situations specified in this section and Section 9.10. Drivers of part-time four-wheel drive vehicles or vehicles with traction control will be asked to disable these systems so the vehicle can be driven on the dynamometer for the ASM2525 test mode. A vehicle may be tested at idle before being driven on the dynamometer. Any vehicle failing at idle shall be tested again at idle after being driven on the dynamometer.
The Contractor may be required to provide, at no additional charge to the vehicle operator, replacement gas caps for vehicles failing the gas cap leak check. If the contractor is required to purchase these caps, the next weekly transfer of funds to the State may be adjusted only by the direct cost of the replacement caps.
3. Download of the vehicle’s on-board diagnostic (OBD) system. Instead of conducting an exhaust emission test on 1996 and newer model year light duty gasoline vehicles, these vehicles will be inspected using the OBD system. Vehicles whose OBD connection is not readily accessible (no disassembly of the vehicle shall be required) will be inspected using the same exhaust emission tests used for pre-1996 vehicles. A gas cap leak test will be conducted along with downloading the vehicle’s on-board diagnostic system unless Ecology directs the Contractor only to download the OBD system for certain vehicles.
The Contractor shall use the emission standards, test procedures, and emission inspection data handling procedures, described in WAC 173-422-060(4), the applicable portions of federal regulations 40 CFR Part 51 Subpart S Inspection/Maintenance Program Requirements, sections 51.357- 51.363; and the following EPA technical guidance document: “Performing Onboard Diagnostic System Checks as Part of a vehicle Inspection and Maintenance Program," EPA420-R-01015, June 2001.
A vehicle operator who declines to or is unable to exit the vehicle shall be offered the opportunity to take the two-speed idle test. The Contractor may limit the number of vehicle operator attempts to successfully complete the test to no more than three.
A two-speed idle test can be performed when a vehicle is unsafe to drive on the dynamometer due to the vehicle design or modification, such as low road clearance. The vehicles with a safety concern due to the condition of the drive tires or wheels will be refused testing and no fee collected. Reasons that vehicles may be refused testing and no fee collected are described in Section 9.10 and must be specified in the Operator Manual.
9.5 Are Emission Standards Subject To Change?
The Contractor shall accommodate possible changes in emission standards for all classes of vehicles without additional cost to the State. These emission standards may change with regard to the number and types of vehicle classifications and emission levels.
9.6 When Is The Contractor Required To Do A Visual Inspection?
Prior to issuing a Certificate of Acceptance, qualified station staff must verify, through a visual inspection, that all emission control components installed by the vehicle manufacturer or any replacement acceptable to the U.S. Environmental Protection Agency are intact and appear operational. When emission-related malfunctions are indicated by the on-board diagnostic system as part of the most recent emission inspection, the vehicle will not be issued a Certificate of Acceptance. (Requirements to grant a Certificate of Acceptance are outlined in WAC 173-422-020(2)).
A visual inspection may also be requested by Ecology regional staff or a vehicle operator in conjunction with an emission inspection. Ecology regional staff requests for additional visual inspections will not exceed one percent of emission inspections conducted by the contractor.
9.7 What Is An Incorrect Or Questionable Emission Inspection?
Any test not performed consistent with the operation manual, any section of Chapter 173-422 WAC, the federal regulations 40 CFR Part 51, Subpart S, the Society of Automotive Engineers (SAE) recommended practice J1667 or alternative methods approved by Ecology’s contract representative. This includes the accurate recording and reporting of required information on the test report. A checklist of the conditions for issuing a certificate of acceptance must also be completed.
It is the Contractor’s responsibility to correct any incorrect emission inspection report. If an incorrect report results in additional test(s) being performed, no additional payment will be collected from the vehicle operator. It is the Contractor’s responsibility to reimburse consumers for the cost of diagnosis and repair due to inaccurate or incorrect test reports. (See Section 4.6)
9.8 What Is Equipment Failure?
Equipment failure is when test equipment will not turn on or is not operating within the previously established acceptance test procedure criteria or manufacturer’s specifications. Equipment includes, but is not limited to, the following:
1. Exhaust gas analyzers;
2. Dynamometers, including hoists;
3. Opacity meters;
4. Tachometers;
5. Monitors;
6. Hoses, probes, filters, cables, connectors, printers;
7. Gas cap leak check equipment;
8. Vehicle cooling fan system, including thermometer;
9. OBD testing equipment; and
10. Computers and software used to operate any testing equipment.
9.9 When Does Equipment Failure Need To Be Reported To Ecology?
Any equipment failure that will prevent a lane from fully performing the required emission inspections shall be reported to the appropriate Ecology regional staff, if it cannot be immediately corrected. Ecology and the Contractor will agree on a deadline for equipment repair. The contractor shall produce and maintain an on-site station repair log. The log shall include, but not be limited to:
1. An entry made at the time of the failure;
2. Contractor repair technician arrival time, diagnosis and repair completion date and time;
3. Date and time lane was returned to service;
4. Date and time Ecology regional staff was notified and the total down time for the failure; and
5. Any contingency measures and the Ecology staff person that approved the measures.
9.10 Can Defaulting To The Two-Speed Idle Test For Vehicles That Require An ASM2525 Test Be An Acceptable Contingency Measure?
Defaulting to the two-speed idle test for vehicles that require a loaded test when there is a dynamometer equipment failure can be done only when needed to prevent excessive waiting and with Ecology approval. A dynamometer equipment failure is not a reason to do default testing if another lane with a dynamometer is available, unless needed to prevent excessive waiting. Only the lane with dynamometer equipment failure may be used to perform default tests.
9.11 When Can A Vehicle Be Refused Testing?
A vehicle whose condition could present a safety hazard or prevent a valid test may be refused testing and no fee collected. Examples are:
1. Fluid leaks. (Other than condensation water from air conditioning units)
2. Visibly leaking, missing or inaccessible exhaust system components.
3. Tires or wheels unsafe to operate on the dynamometer (vehicles that are unsafe to operate on the dynamometer for other reasons, such as low road clearance, can be defaulted to a two-speed idle test. (See Section 9.4)
4. Animals in the vehicle.
5. Missing or unverifiable Vehicle Identification Number.
6. Uncooperative vehicle owner.
9.12 When Can The Test Be Stopped?
The test may be immediately stopped and no fee collected, if at any time during the test:
1. The engine idle speed remains greater than 1100 rpm or the maximum allowed by the vehicle manufacturer’s specifications.
2. The sum of CO and CO2 readings fall below six percent or the condition of the exhaust system indicates that an undiluted sample of the exhaust is not likely.
3. The vehicle stalls repeatedly.
4. The test cannot be completed for any reason, including a missing gas cap.
9.13 What Is A Lane Audit Failure?
A lane audit failure means that Ecology regional staff has ordered, in writing, the emission inspection lane closed for:
1. Equipment failure;
2. Miscalibration;
3. Malfunction (See Section 9.8); or
4. Not having undergone the calibration requirements specified in Chapter 173-422 WAC and Subpart S-Inspection/Maintenance Program Requirements of Part 51 of Chapter 1, Title 40 of the Code of Federal Regulations.
Contractor repair personnel must give repairs of lane closing failures priority. The lane will be ready to conduct testing by the start of the next business day. Lanes returned to service will be subject to audits by regional staff. The Contractor is required to fax or e-mail repair results to appropriate regional office staff before lane or lanes are put back into service. Contractor is responsible for any subsequent inaccurate or questionable emission tests resulting from repairs until verified by regional staff.
If the lane cannot be put into service by the start of the next business day, a status report shall be provided to Ecology regional staff. The status report will include the reason for the delay and an estimate of when the lane will be placed back in service. A daily status report shall be faxed or emailed to the appropriate Ecology regional office by the start of the next business day until the lane is in service.
10.0 Data and Documentation Requirements
10.1 What Are The Data And Documentation Requirements?
The data structure (data type and record format) of all data submittals, and the method used to transfer data must be pre-approved by Ecology. Each data submittal must include a data output summary. The Contractor shall pay the costs of these data submittals.
1. Monthly Activity Report
The Contractor will electronically submit monthly activity reports to the State Procurement Officer with a copy to Ecology’s contract representative and regional offices. These activity reports shall outline the Contractor's activities for the month previous, a summary of all completed tests, testing problems, the reasons for delays in providing tests, including vehicles rejected from testing and defaulted from the loaded test, differences of interpretation of contract requirements, and resolution of any past problems.
2. Monthly Operations Report
The Contractor will electronically submit monthly operations reports to Ecology’s contract representative and regional offices within ten working days of the end of the month. A monthly analysis of the following information shall be reported for each inspection station and each inspection lane. A separate analysis for gasoline and diesel vehicles, including the number tested for each day and hour of operation on a county and statewide basis. The data storage system should be designed to retrieve and summarize totals for the following:
A.
B. Vehicles passing initial test;
C. Vehicles failing initial test;
D. Vehicles failing first retest;
E. Vehicles passing first retest;
F. Vehicles failing a second or more retest;
G. Vehicles issued certificates of acceptance;
H. Vehicles whose final results have been changed to pass at Ecology regional staff request;
I. Lane and station down time;
J. Paid and unpaid tests;
K. Light-duty vehicles that received a two-speed idle test in lieu of a loaded test;
L. Extensions issued;
M. The average of each test mode readings of vehicle exhaust emission test readings for vehicles on their initial test;
N. The average of each test mode readings of vehicle exhaust emission test readings for vehicles passing their initial test;
O. The average of each test mode readings of vehicle exhaust emission test readings for vehicles failing their initial test;
P. The average of each test mode readings of vehicle exhaust emission test readings for vehicles on their final test;
Q. The average of each test mode readings of vehicle exhaust emission test readings for vehicles passing their final test;
R. The average of each test mode readings of vehicle exhaust emission test readings for vehicles failing their final test;
S. Gas cap leak check (pass/fail) and
T. Tachometer methods used for testing: contact, no contact, disabled.
3. Electronic transmittal to the Department of Licensing, on a “near real time” (10 minute) basis, of the license and VIN number of vehicles that have passed or obtained a waiver. The Contractor is responsible for establishing an FTP server that is accessible to Department of Licensing which will allow the transfer of data between the state and contractor. The contractor is also responsible for providing the PGP encryption software.
4. Electronic transmittal to Ecology of all test records, on a “near real time” (10 minute) basis, that provides all data entered on the Vehicle Inspection Report including the number of the Ecology Authorized Emission Specialist recorded on the previous inspection report provided by the vehicle operators. Also this data is to be stored by the contractor and be accessible by Ecology staff as specified in item 6 for a period of 30 months.
5. The Contractor shall electronically submit to Ecology all inspection data listed in item 4, daily, at a time and location approved by Ecology.
6. Provide Ecology “near real-time” (10 minute) required vehicle emission inspection data, listed in item 4, access through either multiple (no less than five) dial-up lines and/or electronic transfer.
7. Provide Ecology an electronically updated report on technician/repair shop effectiveness. (See Section 10.3)
8. Provide Ecology electronic reporting of the three diesel test opacity readings that the final “pass/fail” is based on.
9. Furnish test results that allow an entry of “pass or waive” as the final test result in the contractor’s database, when directed to do so by Ecology.
10.2 Are Additional Reports Required?
The Contractor shall occasionally be required by the Ecology contract representative to electronically furnish inspection data collected during a given time period and/or for a subset of vehicles. This report shall be on an agreed upon media and provided without additional cost to the state.
10.3 What Format Will Be Used To Report Technician/Repair Shop Effectiveness?
The Contractor’s reporting of technician/repair shop effectiveness shall be in a format, approved by the Ecology contract representative, which provides the following information:
1. The technician/repair shop number (up to ten digits); and
2. Number of reported repairs in total and in the following categories: fuel type and, within fuel type, vehicle make, and model year groups (1980 and older, 1981- 1989, 1990 and newer); and
3. The percentage of vehicles passing a retest after repairs for each category.
The Contractor may use an alternative format for reporting technician/repair shop effectiveness with the Ecology contract representative’s approval.
Ecology regional staff may require the Contractor to maintain, at an inspection station, printed copies of technician/repair shop effectiveness reports. These reports shall be updated monthly and kept in the same order as in the Ecology list of authorized emission specialist shops provided the public at that station. These reports shall be located and identified so that the public may review the information without assistance. The technician/repair shop shall be listed by name. An example of an acceptable format for the printed reports is:
Import Car Doc John Smith
Total Reported Repairs 131 96% passed a retest
Gasoline Vehicles 131 96% passed a retest
Diesel Vehicles 0 NA% passed a retest
Make Number Repaired Success Rate (percentage passed a retest)
Acura 12 100%
Honda 32 97%
Mazda 20 95%
Toyota 37 97%
Misc. (less than 10 per make) 30 93%
Model Years Number Repaired Success Rate (percentage passed a retest)
1980 and older 42 93%
1981- 1989 65 97%
1990 and newer 24 100%
11.0 Conflict of Interest
11.1 What Business Restrictions Are Placed On The Contractor?
The Contractor must sign an affidavit stating that they have no financial interests in any automotive diagnosis, parts or repair business in the State of Washington nor will they during the contract period.
11.2 Can The Contractor Conduct Any Other Business On Station Property?
The Contractor may operate or may arrange with another party to provide services or space for other services, if approved by the State Procurement Officer. The services cannot include automotive diagnosis, parts or repair.
11.3 Can The Contractor Offer Or Receive Gratuities?
The Contractor shall not extend any loan, gratuity or gift of money in any form to an employee of the State, nor rent or purchase any equipment, materials, or service from an employee of the State. The Contractor or station employees shall not accept any gratuity or gift of money.
11.4 Can The Contractor Talk With The Automotive Repair Industry About Work Related To Emission Inspection Testing?
The Contractor shall refer all inquiries regarding repairs and repair business performance to Ecology regional staff, except for employee verification or repair documentation clarification.
12.0 Payment Adjustments
12.1 How Will The State’s Portion Of The Collected Fees Be Reduced?
The State’s portion of the collected fees will be reduced by the following amounts:
1. Refunds requested by the State;
2. The contractor payment for the initial test and third or later tests of state or local government vehicles;
3. The direct cost of test forms; and
4. The direct cost of gas caps provided vehicle owners when requested by Ecology.
12.2 How Will The Contractor’s Portion Of The Collected Fees Be Reduced?
The Contractor’s portion of the collected fees will be reduced by the following amounts when:
1. A two-speed idle test is performed on a light-duty gasoline vehicle (8500 pounds GVRW or less), regardless of the reason, payment to the Contractor will be reduced by ten percent per test. Once a two-speed test has been performed on a vehicle any additional retest should be a two-speed idle test.
2. The liquidated damages contained in Section 13.0 are assessed.
13.0 Liquidated Damages
13.1 Will The State Require Liquidated Damages?
Liquidated damages may be assessed under the following circumstances:
1. Failure to have appropriately trained staff available.
2. Excessive waiting times.
3. Excessive customer complaints.
4. Failure to provide emission inspections during all hours of operation.
5. Incorrect or questionable emission inspections.
6. Equipment failure.
7. Lane audit failure.
8. Failure to publish test station phone numbers and locations in telephone directories.
9. Failure to accurately record the Authorized Emission Specialist numbers.
10. Failure to accurately report repair shop effectiveness ranking.
11. Failure to meet station operating requirements.
12. Failure to maintain station and station property.
13. Failure to provide a safe and convenient space for vehicle operators to wait while lane operators test vehicles.
14. Failure to provide information to Ecology or its representative during an audit.
15. Failure to start inspections on schedule.
It is agreed that the amount of reduced compensation and liquidated damages is a reasonable estimation of the actual damages to the State resulting from the circumstances specified, and shall not be viewed in any sense as a penalty.
Ecology’s contract representative will notify the Contractor in writing that damages have been assessed. The Contractor will adjust the next weekly transfer of funds to the State Treasurer by the specified amounts.
13.2 How Will The State Be Compensated For Failure To Provide Emission Inspections During Operating Hours?
If emission inspections were not provided during operating hours, the Contractor shall pay liquidated damages equal to the test fee multiplied by the number of minutes per lane that station did not operate. No damages will be assessed if Ecology approves the station closure.
13.3 Will The Contractor Be Compensated For Incorrect or Questionable Emission Inspections?
The Contractor shall not take payment for incorrect or questionable emission inspections.
13.4 How Will The State Be Compensated For Excessive Customer Complaints?
Monthly, Ecology will calculate the number of written customer complaints received that alleged poor employee performance or inappropriate testing practices at each test station. If Ecology receives three confirmed written complaints per month, payment to the contractor for each paid test at that station during that month will be reduced by $0.05. For each additional confirmed, written complaint per month, payment to the contractor for each paid test will be reduced by an additional $0.05.
13.5 How Will The State Be Compensated For Excessive Waiting Time?
The Contractor will pay $500 for each written violation by Ecology of the excessive waiting time criteria or for each violation detected by the automated system required to be operated by the contractor. Failure of the automated system to detect an excessive waiting time violation or not to function properly will be considered as a separate waiting time violation that may result in an additional $500 liquidated damage for any thirty minute period. This liquidated damage will be waived for the first waiting time violation recorded at a station during a month when no waiting time violations were recorded at that station during the preceding month. In no case will a station be issued more than 16 written violations for excessive waiting during an 8-hour period.
13.6 How Will Ecology Be Compensated For Equipment Failure?
When Ecology regional staff determines that an equipment failure has caused an excessive waiting time violation, Ecology may impose liquidated damages of $250 for each operating day the equipment is not repaired/replaced. These liquidated damages may be waived, if an agreed-upon repair deadline is met and an excessive waiting time violation does not occur at that station before the failed equipment is repaired. Equipment failure liquidated damages are in addition to any other liquidated damages, including those imposed due to excessive waiting time violations.
13.7 How Will The State Be Compensated For Lane Audit Failure?
The Contractor will not be paid for tests related to the audit failure conducted in that lane that day and until the lane is fully operational and approved by Ecology. For example a dynamometer audit failure will result in no payment for loaded tests conducted that day. Normally no tests are to be conducted in this lane until the lane is fully operational and approved by Ecology. However for a limited time, Ecology may allow some tests to be conducted in that lane if this is needed to maintain acceptable public service. Examples of when Ecology may permit some testing to continue in that lane are diesel opacity testing when the audit failure is of the gasoline exhaust emission testing equipment or if the audit failure results will affect the outcome of the test only in the customer's favor.
13.8 How Will The State Be Compensated For The Contractor Failing To Have Appropriately Trained Staff Available?
Following an agreed-upon start-up period or after six months following station start-up, the Contractor will not be paid for any tests conducted without at least two persons that are AES and ASE certified being on duty.
The Contractor will not be paid for any emission inspections conducted by lane operators that have not successfully completed all the required training, unless assisted by appropriately trained staff. Reasonable allowances will be made for training and certification of new staff. (See Sections 5.1 and 5.2.)
13.9 How Will The State Be Compensated For The Contractor Failing To Publish Emission Inspection Station Locations And Telephone Numbers In Telephone Directories?
The contractor is solely responsible for arranging the listing of emission inspection station location and telephone number in the directory of the phone service provider in the area. (See Section 6.3) The listing should appear in the first directory following the opening of that station. Failure to make these arrangements shall result in payment to the Contractor for each paid inspection at that station being reduced by $0.05 during each month the listing was unavailable to the public. These liquidated damages apply until a directory with the required listing is distributed.
13.10 How Will The State Be Compensated For the Contractor Failing To Accurately Record Authorized Emission Specialist Numbers/Shop Numbers As Part Of The Inspection Records?
When the Contractor fails to accurately record the Authorized Emission Specialist/shop number as part of the inspection record, payment to the Contractor will be reduced by the amount previously retained by the Contractor for the initial inspection of that vehicle.
13.11 How Will the State Be Compensated for Failure to Maintain the Station and Station Property?
The Contractor will be subject to enforcement action including the assessment of penalties by the Department of Labor and Industries if that department detects unsafe working conditions. Ecology will require that a safety hazard for the public be immediately corrected. Ecology may notify the contractor if it finds conditions at a station that could affect the public image of the contractor and the Emission Inspection Program. If agreement is not reached with Ecology on how to resolve these conditions within 15 calendar days, the State Procurement Officer may impose liquidated damages of $250 for each day following the thirty days after the contractor was first notified of these conditions by Ecology staff.
13.12 How Will The State Be Compensated For Failure To Provide Audit Information?
Failure of the Contractor to respond, in writing, to Ecology audit inquiries will result in liquidated damages of $200 per day after ten calendar days from the date of the inquiry. If the Contractor has not provided the information requested within 30 calendar days, liquidated damages will double for each calendar day after that date.
13.13 How Will The State Be Compensated For A Delay In The Start Of Inspections?
Ecology will determine if the Contractor is responsible for not meeting the deadlines. If the Contractor is found responsible, the Contractor shall pay $250 per day for each station not meeting the deadline.
1. Proposed acceptance testing procedures are not received by November 1, 2001.
2. Availability of the station for acceptance testing is delayed beyond sixty days prior to the scheduled opening of that station.
3. Inspections are not conducted at that station by the scheduled opening of that station.
13.14 How Will The State Be Compensated For Contractor Failure To Meet Contract Obligations?
Liquidated damages of $200 per day may be imposed by the State Procurement Officer when a violation of the Contractor's contract obligations has occurred that is not addressed by specific liquidated damages. These liquidated damages may be imposed after:
1. The Contractor has received a notification in writing from the State Procurement Officer that violation of the contract terms has occurred; and
2. The Contractor has had 15 calendar days to reach agreement with Ecology contract representative on the steps that will be taken to avoid violations of these contract obligations in the future.
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