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HomeMy WebLinkAboutR-1993-022 Aerial Trucks• RESOLUTION NO. R-93- 2 2 A RESOLUTION Execution of a contract with Underwriters Lab for testing of Yakima Fire Department aerial trucks. WHEREAS, The City of Yakima is required to have equipment meet the standards of the National Fire Protection Association as published in its 199] edition of Standard No. 1914 "Testing Fire Department Aerial Devices," and in the 1989 edition of Standard No. 1932 "Use, Maintenance, And Service Testing Of Fire Department Ladders," and testing for these purposes can be done by Underwriters lab upon terms agreeable to both parties, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: City Manager and City Clerk are hereby authorized and directed to execute a contract with Undemriters Lab for the purpose mentioned above, a copy of hich agreement is attached and by this reference made a part hereof ADOPTED BY THE CITY COUNCIL this& day of , 1993 ATTEST Mayor >49-1-ei2L) City Clerk res/Undrwrtr Lab-YFD test g.sc(mlw) :. 23 6/90 • • Underwriters Laboratories Inc. s AGREEMENT FOR X AERIAL LIFT DEVICE EXAMINATION AND TEST FIRE DEPARTMENT GROUND LADDER EXAMINATION AND TEST Retum to iR 333 Pfingeten Road, Northbrook, IL 60062 Address p 1285 Walt Whitman Rd., MAeIvIIIe, L.I., NY 11747 Indicated p 1655 Scott Blvd., Santa Clara, CA 95050 p 12 Laboratory Dr., P.O. Box 13995 Research Triangle Park, NC 27709 THIS AGREEMENT is made at Northbrook, Illinois this 19thgay of February , 9_, by and between UNDER- WRITERS LABORATORIES INC. (hereinafter sometimes referred to as "UL") and City of Yakima Fire Department (Owner's Name) (Persons who have responsibility for the equipment and can aulhortze Mkt work) UL provides a program for the examination and testing of fire department aerial lift devices and fire department ground ladders (hereinafter sometimes referred to as "the device(s)"). Devices covered under this program are not eligible for Listing by UL or to use O UL's Registered Marks. However, the Owner requests UL to examine and test the device(s) hereinafter identified according to the ap- E propriate provisions of Standard 1914 for Aerial Lift Devices or Standard 1932 for Ground Ladders as promulgated by the National Fire Protection Association (NFPA). a NOW, THEREFORE, in consideration of the premises and of the mutual undertakings and promises set forth in this Agreement, i44 t is agreed that. a 1 In accordance with our letter dated February 19, 199r.om W. M. Flesch which is incorporated into and made a part of this Agreement and which establishes the sole purpose, scope and nature of work con- templated, UL agrees to examine and test the device(s) described below and report the results of such examination and tests. Except o as recorded in the report, UL makes no statement, expressed or implied, as to the construction, materials or design of such device(s). City of Yakima Owner (Name) d` Address 401 N. Front St., Yakima, WA 98901 For aerial lift devices (A) Hi Ranger (B) Redi Tower (Make of Una) (A) 10805 (B) T -55-B (A) 1967 (B) 1982 (Model Identification) (Year of Manufacturf) For ground ladder devices. Approximate Total Footage: Aluminum ladders N /A ft Wood ladders N /A ft WE AGREE THAT THE CONDITIONS AND STIPULATIONS SET FORTH ON THE BACK PAGE HEREOF ARE PART OF THIS AGREEMENT UNDERWRITERS LABORATORIES INC By./'f. W. Flesch Technical Correspondent (Typed dame and Title) NMI? City of Yakima (Owners Name) 7 r C,rT a T 0 By Ric Attest drieA:t+1B yar ex rhrieAaificmanager (Ti'r4L. u(nn dk.Title) 3 2 2 This Agreement covers one examination and one set of tests determined to be appropriate for the device(s) detailed above conclud- ed by a copy of the examination and test report and, if appropriate, issuance of a Certificate of Aerial Lift Device Examination and Test or Certificate of the Ground Ladder Examination and Test, as applicable In the event of further examination and tests, a new Agreement with a new cost limit may be required Charges are due and payable without discount upon completion of the work, and upon presentation of invoices It is understood that Owner's obligation for all charges accruing under this Agreement continues in full force and effect ir- respective of whether the examination does or does not result in a Certificate of Aerial Lift Device or Ground Ladder Examination and Test. 3 Except as provided on the Certificate of Aerial Lift Device Examination and Test or Certificate of Ground Ladder Examination and Test which may be issued by UL, the Underwriters Laboratories Inc name, abbreviations, the Registered Marks of Underwriters Laboratories Inc. or any form or reference which may be interpreted to mean Underwriters Laboratories Inc., shall not be used in any way on or in connection with this equipment 4 The Owner recognizes that many test procedures required by this examination and test Agreement are inherently hazardous and require the loading of the device(s) under the conditions stated in the NFPA standards The Owner agrees that UL neither assumes nor accepts any responsibility for any injury or damage to property or personnel that may occur during or as a result of tests, and that the Owner will hold UL, its agents, and employees harmless from any such injury or damages which result from the examination and testing of the device(s), except when such injury or damage results solely from negligence of UL's personnel 5 The services provided under this Agreement are provided solely for the benefit and exclusive use of the Owner and are not to be used for advertising and sales claims or promotional purposes or to influence any third party The rights running to the Owner under this Agreement may not be assigned to or acquired by any other person, firm, municipality, or corporation without UL's written authorization. 6 The Owner agrees that UL, in performing its functions in accordance with its objects and purposes, does not assume or undertake to discharge any responsibility of the Owner to any other party or parties. The Owner recognizes that UL's opinions and findings repre- sent its judgment given with due consideration to the necessary limitations of practical operation and in accordance with its objects and purposes and agrees that UL does not warrant or guarantee its opinions or that its findings will be recognized or accepted. The Owner agrees to hold UL, its agents, and employees harmless from any liability (including liability to third parties) or expense, including legal fees, in any way related to the report, tests, or examination by UL when the liability or expense does not result from the sole negligence of UL in testing and examining the unit in accordance with this Agreement 7 The Owner agrees to cooperate with UL to facilitate the agreed upon examination and testing of the designated equipment. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instruments and documents as may be necessary to carry out the terms of this Agreement 8 There are no understandings or agreements except as herein expressly stated No conditions, or representations, altering, detrac- ting from, nor adding to the terms hereof, shall be valid unless printed or written hereon or evidenced in writing by either party to this Agreement and accepted in writing by the other 9 In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the other provisions of this Agreement shall be valid and binding on the parties hereto COPYRIGHT © 1982, 1989 UNDERWRITERS LABORATORIES INC.