HomeMy Public PortalAbout020-2022 - American Test Centers - testing aerial and ground ladders AGREEMENT Alai THIS AGREEMENT made and entered into this --d day of Al i , 2022, and
referred to as Contract No. 20-2022, by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Board of Public Works and Safety (hereinafter
referred to as the "City") and American Test Center, 2773 Prairie Drive, P.O. Box 408, River
Falls, Wisconsin, 54022 (hereinafter referred to as the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide on-site testing and inspection services for Aerial and
Fire Ground Ladders and other related equipment, for the City of Richmond Fire Department, for
the 2022 calendar year, which testing and inspections of all equipment shall be completed in
accordance with the National Fire Protection Association (NFPA) standards (hereinafter referred
to as the "Project").
Requests for Quotes were made August 1, 2021. Responses to said request are on file in the
office of the Richmond Fire Department, and are hereby incorporated by reference and made a
part of this Agreement. Contractor agrees to abide by the same.
The response of Contractor was received on August 8, 2021 (with issuance date on quote listed
as 1/18/2022), to said request is attached hereto as "Exhibit A" which response consists of two
(2) pages, and is hereby incorporated by reference and made a part of this Agreement.
Contractor agrees to abide by the same.
Should any provisions,terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions,terms, or conditions of this Agreement, this Agreement shall be controlling.
Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
Contract No. 20-2022
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SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed Two Thousand Eight Hundred Twenty
Dollars and Zero Cents ($2,820.00) for complete and satisfactory performance of this
Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until December 31, 2022. The City shall retain two (2) options to renew this Agreement for the
2023 and 2024 calendar years with the same terms and conditions.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice,whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
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This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
This Agreement may also be terminated by the City if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government,the State of Indiana, or local government.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
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D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana
Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and
therefore subject to another state's worker's compensation law, Contractor may choose to
comply with all provisions of its home state's worker's compensation law and provide the City
proof of such compliance in lieu of complying with the provisions of the Indiana Worker's
Compensation Law.
SECTION VII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting
on behalf of Contractor or any sub-contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability,national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on behalf of Contractor or any sub-contractor, shall not discriminate
by reason of race, religion, color, sex, national origin or ancestry against any
citizen of the State of Indiana who is qualified and available to perform the work
to which the employment relates;
2. That Contractor, any sub-contractor, or any person action on behalf of Contractor
or any sub-contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
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3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION VIII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
SECTION IX. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this certification is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
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22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document constitutes the entire
Agreement between the parties, although it may be altered or amended in whole or in part at any
time by filing with the Agreement a written instrument setting forth such changes signed by both
parties. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right
Contractor may have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
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In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY" "CONTRACTOR"
THE CITY OF RICHMOND, AMERICAN TEST CENTER
INDIANA by and through its 2773 Prairie Drive, P.O. Box 408
Board of Public Works and Safety River Falls, WI 54022
By: ,G�7i; By: /7 —
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Vicki Robinson, President
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By: Printed: ZR l i4 t(.' ��//3 tt 4 F VtF
Emily Pa mer, Member
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By: Title: St!/ Al lltilAc0 c/2
Matt Evans, Member V
Date: (% ,3', Date: b 1/e.Z
APPROVED: � � �, l Date: Oy al zj2,�
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Quotation for Inspection Services AMERICAN
Quote#: IN-F-984-0 (1236) TEST
Issue Date: 1/18/2022 CENTER
Expire Date: 7/17/2022 TEST&INSPECTION NATIONWIDE
Issued By: Attn: Tim Brown
American Test Center RICHMOND FIRE DEPARTMENT
2773 Prairie Dr 101 S 5TH ST
River Falls, WI 54022 RICHMOND, IN 47374
TBROWN@RICHMONDINDIANA.GOV
American Test Center is pleased to propose the following prices for equipment inspections. Our inspection
and test is performed at your location by a well-equipped crew of certified NDT technicians. An inspection
report will be provided immediately following the test.
Please consider the following prices for the specified equipment.
-Item: Aerial Fire Truck(Ladder/Platform) Qty: 2 Cost: $580.00 Subtotal: $1,160.00
Desc: Visual inspection of all accessible structural members, includes checking torque
on accessible critical fasteners.
- Load test, as allowed by test environment.
-Functional &operational tests.
-On site test report, and review.
-Criteria based on NFPA 1911 Chapter 22.
- Does not include waterway testing or hydraulic oil spectroanalysis.
-American Test Center is accredited to ISO 17020 for aerial fire apparatus
inspections (certificate number 4260.01).
-Item: Ground Ladders Qty: 850 Cost: $1.95 Subtotal: $1,657.50
Desc: 18 point visual inspection, hardware test, and horizontal bend test. Includes
on-site test report and review.
-Minimum charges apply for testing less than 10 ladders in one location.
-Criteria based on NFPA 1932.
-American Test Center is accredited to ISO 17020 for ground ladder inspections
(certificate number 4260.01).
-Item: Heat Sensors Qty: 1 Cost: $2.50 Subtotal: $2.50
Desc: Replace heat sensors as needed.
Total: $2,820.00
The above cost covers all expenses and there are no charges for travel if we are allowed to schedule with
other local work. We look forward to being of service to your depai tinent!
EXHIBITI PAGE ( Or Z
Questions? Call: 1-800-451-9087 or visit www,atctest,com Page 1 of 2
• 'Customer Support
Customer will have a designated representative available during and after the test to review the test findings, perform repairs as
needed to complete the test,ask any questions,and sign the report.
Customer will have an operator available to position the aerial ladder in a suitable environment for testing as well as to operate the
aerial through the required operational and functional positions.
Customer will have all operator manuals,manufacturer's bulletins, maintenance files available for the test crew to review with the
customer representative.
Customer has maintained and tested the unit per manufacturer and NFPA requirements.
All units are cleaned prior to testing,tools and equipment removed from the platform,and the body area cleared to allow safe
access to facilitate a thorough test.
Report and Certification
Test defects are listed on American Test Center test report forms and described in detail on a comment sheet. Defects are classified
for degree of severity. After the test,American Test Center personnel will review the report with the department representative. A
signed,dated copy of the test report listing the defects discussed is left with the department. Two copies are reviewed and signed
by American Test Center's professional engineers. One signed report is then mailed to the designated department representative.
American Test Center retains a copy of the test report on file. Certificates are provided for aerials that pass the test. Units that may
need rework require AHJ (authority having jurisdiction)sign-off that the noted items have been addressed.
Customer has maintained and tested the unit per manufacturer and NFPA requirements.
Confidentiality and Impartiality
American Test Center's employees have agreed to and signed a confidentiality and impartiality agreement.
Customer information is not provided to any outside entity without client pre-approval. Information may be shared with our
insurance company to meet customer requirements.
The tests are impartial in that results are based on objective criteria. Neutrality and fairness will be used to test and conflict of
interest will not exist.
Test and Report Limitations
The test is provided to you with the understanding that American Test Center's responsibility is solely to conduct the test and assist
you with an interpretation of the results.The decisions you make thereafter concerning the operation of the equipment are your
exclusive responsibility,and customer agrees American Test Center is not liable,and will be held harmless,for any such decisions,
or their consequences, upon completion of review.
WARNING! These tests determine the state of the equipment at the time the tests were completed only! Any subsequent
use/abuse of this equipment could result in the test(s)performed no longer being valid,as structural damage may have occurred
even though the equipment visually may appear intact and usable after said use/abuse. Inaccessible areas or components.that the
manufacturer requires regular inspection will need disassembly for inspection. Furthermore,fiberglass-reinforced materials
experience a normal aging process whether abuse occurs or not.Therefore,the unit must be maintained per the manufacturer's
requirements and retested at regular intervals to assure structural integrity.
!EXHIBIT A PAGE Z OF z
Questions? Call: 1-800-451-9087 or visit www.atctest.com Page 2 of 2