HomeMy WebLinkAbout235930 08/13/14 CITY OF CARMEL, INDIANA VENDOR: 00351502
® ''• ONE CIVIC SQUARE MACALLISTER MACHINERY CO INC CHECK AMOUNT: $....20,019.00"
CARMEL, INDIANA 46032 DEPT 78731 CHECK NUMBER: 235930
PO BOX 78000 CHECK DATE: 08/13/14
DETROIT MI 48278-0731
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1208 4350900 R04025474602 1,848.00 OTHER CONT SERVICES
1208 4350900 R04025474603 18,171.00 OTHER CONT SERVICES
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7575 E. 30TH ST. 126
_ INDIANAPOLIS, IN 46219
+ 317-860-4494
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MacAllister Power System
ContracfNo-. Invoice No. Date
0254746 R04025474603 17JUL2014 Page 1
lease Remit Your Payment to:
MacAllister Machinery Co. Inc.
Dept. 78731 9:33 AM
P.O. Box 78000 DEMAND INVOICE
Detroit, MI 48278-0731
1175490 20JUN2014 8:00 AM
CITY OF CARMEL/CRC icb Nurrber - order
C/O
•-
C/O CARMEL ENERGY CTR SAME TBD
ONE CIVIC SQUARE M11.114—
CARMEL, IN 46032 CHILLER RENTAL JOHN DUFFY
CYCLE BILL 03021
Qty Equipment # Min Day Week 4 Week Amount
1>> 230:.TON:GHILLER.:.:,
EP230TCHL .Make:.OT::,:..Model: MISC Ser:#: 230T-CHILLER::-RR
7': 4/0'CAMLOK FEMALE TAILS �. tl®�� ���_�� 42..00
9 4" DISCHARGE 675.00
1 2/5X50 CAMLOK CABLE 225.0 0
U.G 1.120.1
Qty Item number UnitId
1:' LABOR HR �I Tres
LABOR
*LABOR CHG FOR TECH ONSITE 6/20 & 6/30*
1 EPACHG EA 7 5.00
EPA.CHARGE
DELIVERY:CHARGE ".:1:8 0 0.0 0
,
lr vc ��1
...
BILLED FOR 28 DAYS I
Fire/Theft/Va J 2200.05
_.
Sub-total : 20821.05
Exempt:
If requested, our rate will be vorkdays. Total : 20821.05
All overtime, expenses and ti
There is a $6.00 per gallon h J.
Equipment will be delivered fun, unress urnerwrsu siareu.
Safety instructions are not included with the delivery or rental of equipment.
ro
DECLARE DAMAGE WAIVER Initial here:
*If declined current insurance certificate must be on file with MacAllister Machinery. Initial here:
Purchaser/Lessee upon failure to pay balance when due shall be liable for all expenses incurred in collection of said balance including but not limited to attorney's
fees and court costs. It is agreed by the parties hereto that reasonable attorney's fees shall be one-third(1/3)of any amount owned by Purchaser/Lessee.
Net 10 days unless otherwise specified.A service charge will be applied to all past due accounts.This agreement shall include the above terms and conditions as
well as those set forth on the reverse hereof.
ACCEPTED BY CUSTOMER
EPPINV 125J-20141
MASTER RENTAL AGREEMENT TERMS AND PROVISIONS
I MacAllister hereby agrees to lease to the named Lessee,meaning all lessees jointly and severally,and Lessee hereby leases front MacAllister.under and subject to the lentis and provisions hereof until the end of the term specified(Term)
the personal property described as:'Equipment'rented together with all present and(inure attachments,replacement parts,repairs,and additions and all proceeds thereof.
2. It is understood hchccen the parties that MacAllister is not the manufacturer of the equipment herein rented,nor the agent of the manufacturer of said equipment and that no warranty against patent or latent defects in
material,workmanship,or capacity is given,nor that said equipment will meet the requirements of any law,rules,specifications or contracts which provide for specific machinery or apparatus or special methods,other than that
of the original manufacturer of said equipment and as set forth in the manufacturer's catalog and representations wherein.said machinery and equipment is listed and described.No representation or warranty is made as to the
year of manufacture of an'equipment. MACH LLISTER HEREBY DISCLAIMS ANY AND ALL WARRANTY,IDI PLI ED OR EXPRESSED,OF M ERCRANTABI LITY OR FITNESS FOR A PARTICULAR PURPOSE.
3 MacAllister shall use reasonable care to see that the equipment ism proper waking condition before shipment to lessee. MacAllister will not operate or test the equipment unless such operation arrest is deemed necessary by MacAllister
or unless Lessee shall request such operation or test in writing,in which event the Lessee will be notified of the time and place of such operation and test.and shall be permitted to be present during said operation and test. If having requested
it,Lessee fails to be present at the time of operation and test,Lessee agrees that said equipment as named out is in propel operating condition.
4. The Lessee agrees to maintain the machinery and equipment tit the same condition is when delivered to it by MaLAIIL Ie•1,less normal wear and tear,and to pary all claims and damages to the equipment during the life of this contract,and to
retnnm said property in as good condition as when received by MacAllister,and to pay freight demurrage,storage,switching,drayage.trackage,or other charges against said egmpinent from the time the same shall leave MacAllister up to and
including the time of its return to MacAllister MacAllister reserves the right to charge Lessee for excessive undercarriage wear and tear
5 For rabbet tired equipment,Lessee acknowledges that repair and replacement of tires are not included in the rental rate and agrees to pay for the repair or replacement(with an allowance for reasonable depreciation)of any tires returned to
MacAllister tit a damaged condition regardless of the cause of damage Reasonable wear and tear is expected,however,it is agreed rubber abrasions(gouges,leans,cuts,grooving,and removal of rubber in pieces)or damage to castings is not
reasonable wear and tear.
6 The receipt and acceptance by Lessee of said equipment will constitute acknowledgement that said property has been accepted and found in good,safe and serviceable condition,and fit for use,unless Lessee makes claim to the contrary to
MacAllister by registered maul with reftim receipt demanded,addressed to MacAllistei's home office within three days alter receipt of said equipment. The complaint shall set forth specifically and in detail the complete nature'and condition
of the property received
7. Should any of the machinery,equipment,or appurtenances be received by Lessee from any draynuun,railroad company or any other carrier transporting same in a damaged condition,or with any of the machinery,equipment.parts or
appurtenances musing,it shall be the duty of Lessee to obtain from said drayman,railroad company or other carrier it written acknowledgement of the damage of shortage The failure on the pan of Lessee to obtain such statement or
acknowledgement upon its receipt and acceptance of said machinery.equipment,parts and appunenanees shall be treated as an acceptance of said machinery,equipment,parts and appurtenances tit good,safe,serviceable condition and fit for
use Any danmage or loss which has occumd and is net covered by a written acknowledgement or statement as aforesaid,or which occurs after acceptance of said property,shall be repaired and replaced at the expense of Lessee If the
machinery,equipment.parts or appurtenances are damaged or lost um transportation and the Lessee furnishes to MacAIhstet a written detailed acknowledgement and.Statement from the carries setting forth the character of damage and loss.
MacAllister agrees to use reasonable diligence un haying said damage repaired and loss replaced within a reasonable time,but the equipment shall be deemed to have been delivered on the date of acceptance thereof from the camer.
S. In the event of notice to MacAllister by Lessee that the equipment is not in good,sale and serviceable condition and lit for use upon ID arrival,MacAllister shall barye the right to put said equipment in good,safe and serviceable condition
and fit for use,within a reasonable time,or cancel this cental
9 MacAllister shall not be liable in any event to the Lessee for any loss,delay,or damage of any kind of character resulting from defects in or deficiency of the equipment hereby rented or accidental breakage thereof.
10 Lessee.shall immediately notify MacAllister of any accident involving the egmpinent MacAllister may repair said machinery fur the Lessee using reasonable diligence to make said repairs upon demand. In the event any work is done
outside of MacAllister's regular hours,by season of which MacAllister shall be required to pay double lune or other ovemme charges to its employees,or to anyone doing the work for Lessee,all such charges will be paid by Lessee to
MacAllister In the even[of accident or breakage of any part of the equipnnent,and upon reserving winter,approval f ora MacAllister,Lessee may have the.same repaired by any competent person,flint or corporation at its own expense or,
upon notice to MacAllister as to such breakage or accident
I I In the event Lessee accepts the inachmery and egapnmenl,as herein prwaded,and thereafter the said machinery proves defective or unfit for use,or if for any reason Lessee desires to discontinue the use of said machinery or equipment.
lite only remedy of Lessee shall be m.return the machinery to MacAllister and temtinan,this conuac[its hocin elsewhere provided,by paying,If Irntal charges and other charges herein provided for
12 Lessee agrees to pay any and all charges for work or inspection by any labor union MacAllister may.at its option,refuse to do any repair work on the egmpment tit time ofstrike,or ane cause beyond its control,or un violation of any tide
affecting the egmpinent MacAlhster reserves the rght to Iemove the equipment Front the lob at any time when.m Its opuuon,the egmpment is tit danger because of-strike,vrrr.civil disobedience.of any other condition which MacAllister
determines ntav threaten the equipment.
13 Lessee agrees to comply with and confomm to all municipal,state and federal laws relating to the operation of said machinery and to pay all costs and expenses of every character oeeavored or involving the use or operation of the
nmachmery of equipment,and to pay all(egad assessments,taxes or public charges which may be levied upon said equipollent while in the possession of the Lessee
14. Lessee agrees to pay MacAllister for all loss and damages occasioned by fire.theft.(loud,accident,explosion,wreck and;net of God orally othercauses that may occur during the life of this rental,and until such machinery has been
returned to the possession of MacAllister and accepted by it For the purpose of finding the valuation of said property in order to determine the loss,damage or injury,thereto,it is agreed by the panics hereto that the value as heron before
stated shall be a true and fast value forming a basis for such adjustment. When equipment leased is denied to be a total loss,Lessee agrees to pay MacAllister the manufacturer's suggested price of the equipment. In making such adjustment
it is understood that no rentals theretofoc paid or due apply to[he payment of such loss,and it is further understood that MacAllister shall solely make the determination of whether the equipment is a total loss
15. Lessee flasher acres to hold hamtless and indemnify MacAllister from and against any aid all loss,damage,expense,claiin and/or penalty n ising from any action on account ofany injury to person or property of any character whatsoever
occasioned by the operation,handling or transportations of any of the equipment during the rental period,and agrees to indemnify MacAllister from and against any and all such claims regardless of whether such loss was caused in part by the
act omission or negligence of MacAllistet.
16. Lessee further agrees to Insure all equipment rented front MacAllister with full insurance coverage as required herein,Insuung(he equipment against loss or damage arising from any cause whatsoever,including but not limited to
earthquake,flood or mudslide.MacAllister will provide Lessee at the commencement of the tern of this Lease,and which shall be Incorporated herein by reference,a separate document entitled"Equipment Rental Insurance Requirements"
detailing the necessary coverages all(]terms thereof.but which terms shall at leas[contain,but not by way of limitation,provision for:I)MacAllistet as a'loss payee'and'additional insured'as applicable 2.)waiver of subrogation against
MacAllister and its insurers-on all claims,3.)Lessee's insurance shall be primary and non contributory:and.4)Providing said Insurance to cover any and all damage arising from any or all perils,including but not limited to damage
occasioned by fire,theft,flood,explosion,accident,vandalism,electrocution, act of God,or any other damage that may occur without limitation as to cause during the life of tau rental. Lessee shall within one(I)day from the receipt of the
equipment provide to MacAllister proof of Insurance retatiyc to the equipment from a carrier and tit amounts acceptable to MacAllister. The proof of insurance shall contain at least(I I it certificate of insurance(2)training MacAllister as
additional insured and loss payee.(3)clearly describing coverage for the equipment.and(4)disclosing the name,address and phone number of the company providing the coverage
17. The title to the property herein rented and to all replacements thereof or substitution thereof is,and shall remain,with MacAllister,and said machinery and equipment shall not become a part of any budding by being placed therein or by
being annexed thereto Where the equipment is annexed to any property the Lessee shall famish MacAllister with a landlord's release,which shall perm[MacAllister to remove the equipment from said property at any trine during the life of
or after expiration of this contract.
I S. The Lessee agrees,whenever requested by MacAllister.to give MacAllister the exact location of all of the nnachmery and equipment covered by this contract and further agrees to give MacAllister immediate notice of any levy attempted
upon said equipment,or rf said equipment fiont any cause becomes liable to seizure,and to indemnify MacAllister against all loss and damages caused by ally such action MacAllister shall have the privilege at all times of entering any job,
building or location where the above property is being used for the purpose of inspection and reserves the fu vilege of removing.said machinery and equipment without notice if it is being overloaded or laxed beyond it,capacity or in any
manner being abused or neglected. Lessee warrants that it has the express permission of all land owners upon whose land the equipment is used to so use rte equipment. Lessee further warrants that it will not move the equipment from one
project to another without MacAllister's advance approval,which notice of movement shall be in writing.
19. This agreement cannot be assigned without the written consent of MacAllister.'file equipment he'eby rented shall not be sub-let without the written consent of MacAllister
20. Should any of the provisions of this rental be violated by Lessee the renal for the entire period herein specified shall become forthwith due and payable and MacAllister,or its agents.may,without notice,enter the premises occupied by
Lessee without being a trespasser thereon,;and take possession of and remove said equipment with or without process of Imv In the event ofany action as hereinbefore set forth becomes necessary the Lessee agrees to pay.in addition to other
charges herein specified,all costs of removal of said machinery from the possession of the Lessee i 1 all freight,(dnurrage,storage,labor or other charge on or against said property incurred during the removal,shipping and return to the
possession of MacAllister at its home office or equivalent point designated by MacAllister.
21 Lessee agrees to pay MacAllister all sums due hereunder when they become due
22 Lessee agrees that if; y of these provisions are breached and MacAllister demands the retum of the equipment this rental agrcennen shall constitute authority to the watchmen or other persons responsible for the equipment to deliver all
or any part of the equipment to MacAllister or its agents
23. In case any matter is written or typed into this printed contract other than such as Is necessary to fill in blanks provided herein,such matters shall be deemed an addition to the contract and It is specifically understood and agreed that such
added matter is not in any manner whatsoever intended to alter the meaning or intention of the printed clauses of the contract and in case of conflict and inconsistency between the printed portions and the written or typed additions,the primed
portions shall control any written or typed clause to conflict therewith and the latter shall be treated as void -
24 Both MacAllister and Lessee agree[hat no modifications of this agreement shall be binding upon MacAllister unless such modification.cancellation,addition[hereto In notation shall be in writing duly sigmed by MacAllister and duly
approved by an officer of MacAlhster at the home office of MacAllister.
2S. This rental before becunung eff•ctn c must be appuw ed by an Officer or other authorized representative of MacAllntcr
26. MacAllister may execute file and'Ign Le,sce's name m a fir—l'ing statement or file a financing statement signed only by MacAllister covering equipment or goods delivered In to be delivered to Lessee under this agreement for
"infommauon purposes"or otherwise and also covering proceeds and future advances.This agreement constinnes it reser-non ottitle or Security Agreement with reterenee In such l'al—ennns
27.Tin agreement and,accepl—ce of this agreement is.object to conrenOns for arithmetic errors m cannpumtion
28. MacAllister reserves the right to replace it rental unit with it like rental unit.
29 Lessee agrees to maintain the rented equipment pet tactory recommended lubrication and maintenance inter als and keep scheduled oil sample records. MacAlhster reserves the right mask for maintenance records for the rental period.
Should sail mainlnunce records not be available and Gclory recommended service maintenance Is nqunred,MacAllister-ll perform the appropriate service work at the Lessee's expense
30 MacAllister's rental machines will be full of fuel when they leave MacAllister's premises. Lessee agrees to reliant said rental equipment fill of fuel or be chmged with appiopriate fuel backcharge.
31 RATES. Rates are based on one shift operation—S hour/day,5 day/week or 40 hound,eek,160 hour/4 week rental month Unless quoted otherwise.front,used in excess of"one"shaft(i.e.in excess of S hours per day or 40 hours per
eek m 160 hours per month)will result man additional shift rale bong charged,and hours used tit excess of a two shift operanon(Le greater than 16 hours/day.90 hours/week or 320 built hnonth)shall result in yet an additional one shift
rate being charged.
32 AegreIration Clause The terns and conditions of this Master Rental Agreement shall cover all equipment,machinery and appurtenances leased by Lessee from MacAllister both presently and in the future It is the intent of MacAllister
and Lessee that this blaster Rental Agreement shall be construed as,and shall be,the only rental agreement between the parties,even though Lessee may hereafter execute additional Master Rental Agreements. For instance,if Lessee leases
one piece of equipment fiuni MacAllister under this agreement in Janmary,then another um May.both pieces of egunpntenl shall be construed as having been leased under one ages cement this Master Renal Agreement.
33. Damage Waiver. Lessee specifically acknowledges that the payment of a fire,theft or vandalism damage waiver with respect to any equipment leased from MacAllister does not satisfy Lessee's obligation to insure the equipment nor
absolve Lessee of damage to the equipment caused by the negligence In carelessness of Lessee. The damage waver does not Insure Lessee from damage to the equipment caused by Lessee,its agents,or others acting under Lessee's control or
operation of the equipment with Lessee's active or constructive permission.
34. Jurisdiction: The parties agree that any disputesarising hereunder shall be resolved in the courts of Marion County,Indiana.and Lessee specifically subjects itself to the Jurisdiction thereof. Further,Lessee agrees that un the event
MacAllister is required to employee an attorney for[he purpose of enforcing the terms and conditions hereof,or with respect to the collection of any amount clue hereunder,MacAllister shall be entitled to recover its attorneys fees,cost of
collection,and all other reasonable expenses associated will)such proceeding
35. Accidents Without demand Lessee shall notify Lessor immediately(and tit any event,within twenty-few(24)hours thereafter)of each accident involving any equipment covered by this Master Rival Agreement Lessee shall Include
such information as is known,including,but not limited to the time,place,and nature of the accident or damage,the names and addresses of panics involved in the accident(s),including but not limited to persons injured,witnesses,and
owners of property damaged Lessee shall promptly advise Lessor of all correspondence,papers,notices,or documents whatsoever,received by Lessee in connection with any clamp or demand involving or relating to any equipment or its
operation;Ind,together with Lessee's employees aid in the investigation and defense of all such claims and demands.,and in the recovery of damages from third parties liable therefore.
36. Rental Protection Plan This paragraph is in force provided Lessee a)accepts the"Rental Protection Plan"through the proper indication thereof on the front of this contract,and pays at the time of equipment rental,or any extension of
said equipment rental,an additional sum equal to 14 percent of the gross equipment rental charges:b)Lessee takes reasonable precautions to protect equipment and does not intentionally damage said equipment:c)Lessee does not cause any
loss or damage by negligence,including but not limited to negligent use or operation Of the equipment m a r,ckl,,,or abusive manner. Notwithstanding the purchase of a Rental Protection Plan,Lessee shall nonetheless remain liable for a)25
percent of the manufacturer's list price not to exceed$25,000 for stolen equipment and b)50 percent of the cost of repairs of any damaged equipment. Nothing herein to the contrary,the following risks are expressly assumed by Lessee as its
exclusive responsibility: a)Damages caused by use or operation of the equipment in it manner inconsistent with the manufacturer's instructions,or contrary to this contract:Ill Loss or damage of accessory equipment such as welding leads.
electric cords,bits,batteries,hoses,tires,lubes or harnesses,etc.,c)Loss due to operation of the equipment by a person other than in authorized operator per the contract or any dishonest act by Lessee or by person(s)entrusted by Lessee with
the equipment,including Lessee's employees,subcontractors or agents:(I)Loss of damage due to food,storm,earthquake or other external causes,e)Loss or damage due to exceeding rated capacity,misuse,abuse,negligence,or improper
servicing of equipment:I)Secure or destruction of equipment by order of governmental authority:g)All loss or damage caused by vandalism,malicious mischief,disappearance,theft or wrongful conversion of equipment not reported by
Lessee promptly(vnhin 24 hours)to the police all(]Lessor by fling a formal written theft,vandalism or cohv—,on teport:h)All loss or damage to equipment resulting front nuclear reaction or radiation,or radioactive contamination from any
other cause:i)Loss or damage as a result of the striking of overhead objects with equipment.j)Loss or damage to equipment occurring during the loading,unloading or transportation by Lessee:k)Loss due to the equipment being upset or
rolling over,in)Loss or damage to equipment due to the exposure and contamination front hazardous material. This rental protection plan will not be effective unless'at the tiine Of such loss or damage the Lessee's account with Lessor is
curent In are even,acemed rental charges cannot be applied against the purchase,or the cost of repair,of damaged,stolen Or lost equipment. In the event of any loss,damage or destruction to equipment,Lessor wall be subrogated to any
ngh[s of Lessee to recover against any person,fines or corporation. Lessee will execute and deliver to Lessor whatever instruments and papers ire required,and take all other necessary.steps to secure un Lessor such rights. Lessee will
cooperate fully with Lessor and/or its Insurer(s)in the prosecution of those rights and will neither take nor permit nor suffer any action to prejudice Lessor's or its insurers rights with respect thereto. The rental protection plan is not insurance
and does not protect Lessee from its ne gh encs nor from liability to others arising out of'possession,use oroperation Of c ua ncnt
09/09
7575 E.30TH ST.
o INDIANAPOLIS,IN 46219
317-860-4494
at.'e
MacAllister Power System ontract.. .. nV Jce,: o ,".
0254746 R04025474604 07AUG2014 Page 1
Please Remit Your Payment to:
MacAllister Machinery Co. Inc.
Dept. 78731
P.O. Box 78000 11:11 AM
CREDIT MEMO
Detroit, IVII 4827&.07311
omuuoA 8:00 AM
1175490
CITY OF CARMEL/CRC
C/O CARMEL ENERGY CTR SAME T80
ONE CIVIC SQUARE 1.•1gli • Ca•m
CARMEL, IN 46032
CHILLER RENTAL JOHN DUFFY
WYNMIKEC
03021
Qt Equipment # Min Day Week 4:Week
Amount
4 5 0;.,ff0.-
j
5
ffla ft
"R..--:-: ,
x
IK X
x
N,
N
V 1,
Sub-total : 450.00 cR
Exempt:
If requested,our rate will be $108.00 per hour, based on normal 7:00 AM-4.00 PM workdays, Total 450.00-
All overtime,expenses and travel required will be at additional costs.
There is a $6.00 per gallon fuel charge for units returned with less than when delivered.
Equipment will be delivered full, unless otherwise stated.
Safety instructions are not included with the delivery or rental of equipment. CREDIT
DECLARE DAMAGE WAIVER Initial here:
*If declined current insurance certificate must be on file with MacAllister Machinery. Initial here:
Purchaser/Lessee upon failure to pay balance when due shall be Ilabli for ail expenses incurred In collection of said balance including but not limited to attorney's
fees and court costs.It is agreed by the parties hereto that reasonable attorney's fees shall be one-third(1/3)of any amount owned by Purchaser/Lessee.
Net 10 days unless otherwise specified.A service charge will be applied to all post due accounts.This agreement shall include the above terms and conditions as
wall as those set forth on the reverse hereof.
ACCEPTED BY CUSTOMER
i
7575 E.30TH ST.
INDIANAPOLIS, IN 46219
317-860-4494
MacAllister Power System Contract: nvoia, o'
0254746 R04025474605 07AUG20141 Page 1
Please Remit Your Payment to:
MacAllister Machinery Co. Inc.
Dept. 78731
P.O. Box 78000 11:12 AM
CREDIT MEMO
Detroit, MI 48278-0731
1175490 07AUG2014 8:00 AM
CITY OF CARMEL/CRC
C/O CARMEL ENERGY CTR SAME TBD
ONE CIVIC SQUARE
CARMEL, IN 46032 CHILLER RENTAL -7-
JOHN DUFFY
WYNMIKEC 03021
Equipment # Min Day Week 4 Week Amount
777777777777777 - 7777
.OVER CHARGE..
n:
:
.,J1th
. ._ f
. '
7777. 7777:
X
�g
w,
•::F
NLAS -
.........g,- U
V.
01,
2200.05 CR
If requested,our rate will be 5108.00 per hour, based on normal 7:00 AM-4.00 PM workdays. Total 2200.05
All overtime,expenses and travel required will be at additional costs.
There is a $6.00 per gallon fuel charge for units returned with less than when delivered.
Equipment will be delivered full, unless otherwise stated.
Safety instructions are not included with the delivery or rental of equipment. CREDIT
DECLARE DAMAGE WAIVER Initial here:
*If declined current insurance certificate must be on file with MacAllister Machinery. Initial here:
Purchaser/Lessee upon failure to pay balance when due shall be liable for all expenses incurred in collection of said balance including but not limited to attorney's
fees and court costs.It Is agreed by the parties hereto that reasonable attorney's fees shall be one-third(1/3)of any amount owned by Purchaser/Lessee.
Net 10 days unless otherwise specified.A service charge will be applied to all past due accounts.This agreement shall Include the above terms and conditions as
well as those set forth on the reverse hereof.
ACCEPTED BY CUSTOMER
7575 E. 30TH ST.AVAIXAMOMF "u
__ INDIANAPOLIS, IN 46219 �--
+ 317-860-4494
�vrvs�srsr�
MacAllister Power System Contract No. Invoice No. Date:.::,:..
0254746 R04025474602 11JUL2014 Page 1
(,Wase Remit Your Payment to: '::
MacAllister Machinery Co. Inc.
Dept. 78731 4:27 PM
P.O. Box 78000 PARTIAL RETURN INVOICE
Detroit, MI 48278-07
1175490 20JUN2014 8:00 AM 21JUN2014 8:00 AM
CITY OF CARMEL/CRC •• . - • •-
C/O CARMEL ENERGY CTR SAME TBD
ONE CIVIC SQUARE .. _ . .- -.
CARMEL, IN 46032 CHILLER RENTAL JOHN DUFFY
WYNMIKEC 03021
Qty Equipment # Min Day Week 4 Week Amount
7.., 4/0X50:CAMLOKCABLE —
,.:.
»?
1 400 kw . ::: 10 5.0.0 0
EP100247 Make: CAT- Mode1 .,XQ400 Ser #: OX4RO0269 " �� � '
HR OUT1 4831.00 HR IN1 4832.00 TOTAL: 1.00
**GENERATOR SET TO 48OVOLT/3PHASE UG 11201 E
**TRIPLE SHIFTRATES LISTED ABOVE ALLOW
..
FOR UNLIMITEDOPERATION �^°►
*SINGLE:SHIFT RATE CHARGED* Li.I 3i � i l� ..:.. - -
Qty Item number Unit
1 EPACHG EA 28.00
EPA.CHARGE
DELIVERY.CHARGE
2.10.::00
PICKUP CHARGE 210 .00
F,a:re/<Thefa/sV.andal rsm
��IVc'1�-
:..
;.210
l � al : 2058.00
Ipt:
If requested, our rate will be $108.00 per hour, based of C L), :al : 2058.00
All overtime, expenses and travel required will be at add r
There is a $6.00 per gallon fuel charge for units returne( J
Equipment will be delivered full, unless otherwise stated
Safety instructions are not included with the delivery or rental of equipment. ( L-
� �) C/ /� -
DECLARE DAMAGE WAIVER Initial here: li` O t _j
*If declined current insurance certificate must be on file with MacAllister Machinery. Initial here:
Purchaser/Lessee upon failure to pay balance when due shall be liable for all expenses incurred in collection of said balance including but not limited to attorney's
fees and court costs. It is agreed by the parties hereto that reasonable attorney's fees shall be one-third (1/3) of any amount owned by Purchaser/Lessee.
Net 10 days unless otherwise specified.A service charge will be applied to all past due accounts.This agreement shall include the above terms and conditions as
well as those set forth on the reverse hereof.
ACCEPTED BY CUSTOMER
EPPINV (25J..2014)
MASTER RENTAL AGREEMENT TERMS AND PROVISIONS
I MacAllister hereby agrees to lease to the named Lessee,meaning all lessees jointly and severally,and Lessee he, leases from MacAllister.under and subject tothe terns and provisions hereof until the end of the tern specified(Term)
the personal property described as"Equipment'rented together with all present and future attachments,replacement parts,repairs,and additions and all proceeds thereof.
2. It is understood between the parties that MacAllister is not the manufacturer of the equipment herein rented,nor the agent of the manufacturer of said equipment and that no warranty against patent or latent defects in
material,workmanship,or capacity is given,nor that said equipment will meet the requirements of an law',rules,specifications or contracts which provide for specific machinery or apparatus or special methods,other than that
of the original manufacturer of said equipment and as set forth in the manufacturer's catalog and representations wherein said machinery and equipment is listed and described.No representation or warranty is made as to the
year of manufacture of any equipment. MACALLISTER HEREBY DISCLAINIS ANY AND ALL WARRANTY.IMPLIED OR EXPRESSED,OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3 MacAllister shall use reasonable care to see that the equipment is in proper working conduion before shipment to lessee MacAllister will not operate or test the equipment unless such operation or testis deemed necessary by MacAllister
or unless Lessee shall request such operation or test in writing,in which even(the Lessee will be notified of the time and place of such operation and test,and shall be permitted to be present during said operation and test. If having requested
it,Lessee fails to be present of the time of operation and test,Lessee agrees that said equipment as turned Out is in proper operating condition
4.The Lessee agrees to maintain the machinery and equipment in the same condition as when delivered to it by MacAllister,less normal wear and(ear,and to pay all claims and damages to the equipment during the life of this contract,and to
return said property in as good condition as when reeci%ed by MacAllister,and to pay freight demurrage,storage,switching,drayage,trackage,or other charges against said equipment from the[line the same shall leave MacAllister up to and
including the time of us return to MacAllister. NlaeAlllslel reserves the right to charge Lessee for excessive undercarriage wear and tear
s For rubber tired equipment,Lessee acknowledges that repair and replacement of tires are not included in the rental rate and agrees to pay for the repair or replacement(with an allowance for reasonable depreciation)of any tires returned to
MacAllister to a damaged condition regardless of the cause of damage Reasonable wear and tear is expected,however,it is agreed rubber abrasions(gouges,tears.cuts,grooving,and removal of rubber in pieces)or damage to castings is not
reasonable wear and tear
6. The receipt and acceptance by Lessee of said equipment will constitute acknowledgement that said property has been accepted and found in good,safe and serviceable condition,and fit for use.unless Lessee makes claim to the contrary to
MacAllister by registered trial]with return receipt demanded,addressed to MacAllister's home office wnhm three days after receipt of said equipment The complaint shall set forth specifically and in detail the complete nature and condition
of the property received.
7 Should any of the machinery,equipment,or appurtenances be received by Lessee from any draynran,railroad company or any other carrier transporting same in a damaged condition,or with any of the machinery,equipment,parts or
appurtenances mussing,it shall be the duty of Lessee to obtain from said drayman,railroad company or other carrier a written acknowledgement of the damage or shortage. The failure on the part of Lessee to obtain such statement or
acknowledgement upon its receipt and acceptance of said machinery,equipment,parts and appurtenances shall be treated as an acceptance of sad machinery,equipment,parts and appurtenances to good,safe,serviceable condition and fit for
use. Any damage or loss which has occurred and is no(covered by a written acknowledgement or statement as aforesaid,or which occurs after acceptance of said property,shall be repaired and replaced at the expense of Lessee. If the
machinery,equipment.parts or appurtenance,are damaged or lost in transportation and the Lessee furnishes to MacAllister a written detailed acknowledgement and statement from the earner setting forth the character of damage and loss,
MacAllister agrees to use reasonable diligence in having said damage repaired and doss replaced within a reasonable time,but(he equipment shall be deemed to have been delivered on the date of acceptance thereof from the carrier
8. In the event of notice to MacAllister by Lessee that the equipment is not in good,safe;aid serviceable condition and fit for use upon its arrival,MacAllister shall have the right to put said equipment in good,safe and serviceable condition
and fit for use,within a reasonable time,or cancel this rental
9. MacAllister.shall not be liable in any event to the Lessee for any loss,delay,or damage of any kind of character resulting from defects in or deficiency of the equipment hereby rented or accidental breakage thereof.
10. Lessee shall immediately notify MacAllister of any accident invoking the equipment MacAllister may repair said machinery for the Lessee.using reasonable diligence to snake,said repairs upon demand In the event any work is done
outside of MacAllister's regular hours,by reason of which MacAllister shall be required to pay double time or other overtime charges to its employees.or to anyone doing the work for Lessee,all such charges will be paid by Lessee to
MacAllister. In the event of accident or breakage of any part of the equipment,and upon receiving written approval from MacAllister,Lessee mac have the same repaired by any competent person,fain or corporation at its own expense or,
upon notice to MacAllister as to such breakage or accident
I I In the event Lessee accepts the machinery an(]equipment as herein provided,and thereafter the said nnachinerc proves defective or unfit for use,or if for any reason Lessee desires to discontinue the use of said machinery or equipment,
the only remedy of Lessee shall be to return the machinery to MacAllister and terminate this contract as herein elsewhere provided,by paying all rental charges and other charges herein provided for
12 Lessee agrees to pay any and all charges for work or inspection by any labor union. MacAllister may,at its option,refuse to do any repair work on the equipment in time of strike,or any cause beyond its control,or in violation of any rule
affecting the equipment. MacAllister reserves the right to remove the equipment from the job at any time when,tit its opinion,the equipment is in danger because of strike,war,civil disobedience,or any other condition which MacAllister
determines may threaten the equipment.
13 Lessee agrees m comp]v with and conform to all municipal.state and federal laws relating to the operation of said machinery and to pay all costs in(]expenses of every character occasioned or involvm_e the use or operation of the
machinery or equipment and to pay all legal assessments,luxes or public charges which nu y he levied upon>aid equipncnt while Ili the p01111snn of the Lesace
14 Lessee agree,to pay NlacAlhs(er for all loss and damages occasioned by fire,theft.Flood,accident,explosion,wreck,and act of God or any other causes that may occur during the life of this rental,and until.such machinery has been
returned to the possession of MacAllister and accepted by it. For the purpose of finding the valuation of said property in order to determine the loss,damage or injury thereto,it is agreed by the parties hereto that the value os herein before
stated shall be a true and first value fanning a basis for such adjustment. When equipment leased is deemed to be a toed loss.Lessee agrees to pav MacAllister the manufacturer's suggested price of the equipment. In making such adjustment
it is understood that no rentals theretofore paid or due apply to the payment of such loss,and it is further understood that MacAllister shall solely make the determination of whether the equipment is a total loss
15 Lessee further acres to hold harmless and indemnify MacAllister from and against any and all loss,damage expense,claim and/or penalty arising from any action on account of any injury to person or property of any character whatsoever
occasioned by the operation,handling or transportation of any of the equipment during the rental per iud,and agrees to indemnify MacAllister born and against any and all such claims regardless of whether such loss was caused in part by the
act,omission or negligence of MacAllister.
16. Lessee further agrees to insure all equipment rented from MacAllister with fill insurance coverage:s required herein,insuring the equipment against loss or damage arising from any cause whatsoever,including but not limited to
earthquake,flood or mudslide MacAllister will provide Lessee a(the commencement of the term ofthis Lease,and which shall be incorporated helm by reference it separate document entitled"Equipment Rental Insuran"Requirements-
detailing the necessary coverages and(crms thereof,but which terns shall at least contain,but not by way of limitation.provision for I.)MacAllister as a'loss payee'and'additional insured'as applicable,2.)warner of subrogation against
MacAllister and its insurers on all claims:3)Lessee's insurance shall be primary and non contributory:and.4.)Providing said insurance Io cover any and all damage arising from any or all perils,including but not limited to damage
occasioned by tire,theft,flood,explosion,accident,vandalism,electrocution, act of God,or any other damage that nary occur will 1(isonation as to cause during the life of this rental. Lessee shall within one(1)day from([ie receipt of the
equipment provide to MacAllister proof of insurance relative to the equipment from a carrier and in amounts acceptable to MacAllister. The proof of insurance shall contain at least(I)a certificate of insurance(2)naming MacAllister as
additional Insured and loss payee,(i)clearly describing coverage for the equipment.and(4)disclosing the name,address and phone number of the company providing the coverage.
1 T The title to the property herein rented and to all replacements thereof or substitution(hereof is,and shall remain,with MaiAlhster,and said machinery and equipment shall not become a part of any building by being placed therein or by
being annexed thereto. Where(he equipment is annexed to any property the Lessee shall famish MacAllister with a landlord's release which shall permit MacAllister to remove the equipment from said property at any nine during the life of
or after expiration of this contract.
18 The Lessee agrees,whenever requested by MacAllister,to give MacAllister the exact location of all of the machinery and equipment covered by this contract and fit Cher agrees to give MacAllister mnmediate nonce of any levy attempted
upon said equipment,or if said equipment from any came becomes liable to seizure,and to indemnify MacAllister against all loss and damages caused by any such action. MacAllister shall have the privilege at all times of entering anyjob.
building or location where the above property is being used for the purpose of inspection and reserves the privilege of removing said machinery and equipment without notice if it is being overloaded or laxed beyond its capacity or in any
manner being abused or neglected Lessee warrants that it has the express permission of all land owners upon whose land the equgmnent is used to so use the equipment Lessee further warrants that it will not move the equipment from one
project to another without MacAllister's advance approval,which notice of movement shall be in writing'
19 This agreement cannot be assigned without the written consent of MacAllister.The equipment hereby retired shall not be sub-]et without the written consent of MacAllister.
20. Should any of the provisions of this rental be violated by Lessee the rental for(he entire period herein specified shall become forthwith due and payable and MacAllister,or its agents,may,without notice enter the premises occupied by
Lessee without being a trespasser thereon,and take possession of and remove.said equipment with or without process of law In the event of any action as hereinbefore set forth becomes necessary the Lessee agrees to pay,in addition to other
charges hereto specified,all costs of removal of said machinery from the possession of the Lessee and all freight demurrage,storage labor or other charge on or against said properly incurred during the removal,shipping and return to the
possession of MacAllister at its home office or equivalent point designated by MacAllister
21 Lessee agrees to pay MacAllister all sums due hereunder when they become due.
22. Lessee agrees that if any.1-these provisions are breached and MacAllister demands the return of the equipment this rental agreement shall constitute authority to the watchmen or other persons responsible for the equipment to deliver all
or any pan of the equipment to MacAllister or is agents
23 In case any matter is written or tvpcd into this printed contract other than such as is necessary to fill in blanks provided herein,such matters shall be deemed an addition to the contract and it is specifically understood and agreed that such
added matter is not in any manner whatsoever intended to after the meaning or intention o]lhe printed clauses of the contract and in case of conflict and inconsistency between fire printed portions and the written or typed additions,the printed
portions shall control any written or types]came in conflict therewith and the latter shall be treated as void.
24 Both MacAllister and Lessee agree(hal no modifications of this agreement shall be binding upon NlacAllister unless such modification,cancellation,addition thereto or notation shall be in writing duly signed by MacAllister and duly
approved by an officer of MacAllister at the[ionic office of MacAllister.
25 This rental before becoming effective must be approved by an Officer or other authorized representative of MacAllister.
26 MacAllister may execute,file and sign Lessees name to a financing statement or file a financing statement signed only by MacAllister covering equipment or goods delivered or to be delivered to Lessee under this agreement for
"inforunatron purposes"or otherwise and also covering proceeds and toluic advances This agreement constitutes a reservation of rale or Securly Agicennent with reference to such transactions
27 This agrecnnen(and acceptance of this agreennent is subject to corrections for arnhnneie errors it,conputanwi
28 MacAllister reserves the right to replace a rental Limn with a like rental unit
29 Lessee agrees to maintain the rented equupmenl per f:ac(Ory recommended]ubrcetion and nnanenance intervals and keep scheduled u I sample records MagAMr tel'res—es the right to ask for nuuntenance records for the rental period
Should said maintenance records not he available and factory recommended service maintenance is required.MacAllister will perforin the appropriate service work at the Lessee's expense
30 MacAlhser's rental machines ,,It be Itdl of fel when they Ica,e MacAllister's piemses Lessee agrees to return said rental equipment till of fuel on be charged with appropriate fuel backcharge
31. RATES. Rates are based on one shift operation-8 hour/day.5 dav/week or 40 110w/wcek,]fill hour/4 week rental nunuh. Unless quoted otherwise,hours used in excess of"one"still!U e in excess of 8 hours per day or 40 hours per
week or 160 hours per month)will result in an additional shift rate being charged,and haus used in excess of a two shift operation U c.greater than 16 hours/day,80 hours/week or 320 hours/month)shall result in yet an additional one shift
rate being charged.
32. Aggregation Clause The terns and conditions of Its Master Rental Agreennent shall cover all equipment.machinery and appurtenances leased by Lessee from MacAllister both presently and in the future. It is the intent of MacAllister
and Lessee that this Master Rental Agreement shall be construed it,,and shall be,([ie only rental agreement between the parties,even though Lessee may hereafter execute additional Master Rental Agreements. For instance,if Lessee leases
one piece of equipment from MacAllister under this agreement in Jenuary,then another in May,both pieces 0f equipment shall be construed as having been leased under one agreement:this Master Rental Agreement
33. Damage Waiver Lessee specifically acknowledges that the payment of a fire,theft,or vandahsm dannage waiver with respect to any equipment lease(]Gam MacAllister does not satisfy Lessees obligation to insure the equipment nor
absolve Lessee of damage to the equipment caused by rhe negligence or carelessness of Lessee. The damage w•aiyer does not insure Lessee from damage to the equipment caused by Lessee,its agents,or others acting under Lessees control or
operation 0f the equipment with Lessees active or constructive permission
34 Jurisdiction. The parties agree(hill any disputes arsmg hereunder shall be resolved in the courts of Marion County.Indiana,and Lessee specifically subjects uself to the Jurisdiction thereof. Further,Lessee agrees that in the event
MacAllister is required to employee an attorney for the purpose of enforcing the terms and conditions hereof,or with respect to the collection of any amount due hereunder.MacAllister shall be entitled to recover is attorneys fees,cost of
collection,and all other reasonable expenses associated with such proceeding
35 Accidents: Willmar demand Lessee shall notify Lessor umnediate]y(and in any event,within twenty-four(24)hours thereafter)of each accident involving any equipment covered by this Master Renta]Agreement. Lessee shall include
such information as is known,including,but not limned to the tune,place,and nature of the accident or damage,the names and addresses of partes involved in the aceidentls),including but not limited to persons injured,witnesses.and
owners of properly dannaged Lessee shall pronni ly advise Lessor of al]correspondence,papers,notices,or documents whatsoever,received by Lessee in connection with tiny claim or demand involving or relating to any equipment or is
operation and,together with Lessees employees aid in the investigation and defense of all such clauns and demands,and in the recovery of damages from third parties liable therefore
36. Rental Protection Plan This paragraph is in force provided Lessee a)accepts the"Rental Protection Plan' through the proper indication thereof on the front of this contract.and pays at the time of equipment rental,or any extension of
said equipment rental,am additional sum equal to 14 percent of(he gross equipment lental.charges,h)Lessee takes reasonable precautions to protect equipment and does nor intentionally damage said equipment,c)Lessee does not cause any
loss or damage by negligence including but not limited to negligent use or operation of the equipment in a reckless or abusive manner Notwithstanding the purchase of a Rental Protection Plan,Lessee shall nonetheless remain liable for a)25
percent of the manufacturer's list price not to exceed S25,000 for stolen equipment and b)50 percent of the cost of repairs of any damaged equipment. Nothing herein to the contrary,the following risks are expressly assumed by Lessee as its
escluave responsibilitya)Damages caused by use or operation of the equipment in a manner inconsistent with the manufacturer's instructions,Or contrary to this contract:b)Loss or damage of accessory equipment such as welding leads,
electric cords,bits,batteries.hoses.tires,tubes or harnesses.etc.:c)Loss due to operation of the equipment by a person other than an authorized operator per the contract of any dishonest act by Lessee or by persons)entrusted by Lessee with
the equipment,including Lessee's employees,subcontractors Or agents:d)Loss of damage due to food,storm,earthquake or other external causes:c)Loss or damage due to exceeding rated capacity,misuse,abuse,negligence.or improper
servicing of equipment,t)Seizure or destruction of equipment by order of governmental authority:g)All loss or damage caused by vandalism,nna]icious mischief,disappearance,theft or wrongful conversion of equipment not reported by
Lessee promptly(within 24 hours)to the police and Lessor by filing,a forma]written theft,vandalism or conversion report:h)All loss or dannage to equipment resulting from nuclear reaction or radiation,or radioactive contamination from any
other cause:if Loss or damage as a result of the striking of overhead objects with equipment:j)Loss or damage to equipment occurring during(he loading,unloading or transportation by Lessee:k)Loss due to the equipment being upset or
rolling over,in)Loss or damage(o equtpnnent due to the exposure and contamination from hazardous material This rental protection plan will not be effective unless at the time of such loss or damage the Lessee's account with Lessor is
current In any event,accrued rental charges cannot be applied against the purchase,or the cost of repair,of damaged,stolen or lost equipment ]n the event of any loss,damage or destruction to equipment Lessor will be subrogated to any
rights of Lessee to recover against any person,firm or corporation Lessee will execute and deliver to Lessor whatever instruments and papers are required,and take all other necessary steps to secure in Lessor such rights. Lessee will
cooperate fully with Lessor and/or its insureds)in the prosecution of those rights and will neither take nor permit net suffer any action to prejudice Lessor's or els insurer's rights with respect thereto. The rental protection Plan is not assurance
and does not protect Lessee from its neghuence nor from liability to rollers arising out of mosses+ion,use or operation of equipment.
09/09
7575 E. 30TH ST.
_ INDIANAPOLIS, IN 46219
317-860-4494
�vw�srsr�r
MacAllister Power System Contract No. Invoice.No : Date
0254746 R04025474602 11JUL2014 Page 2
Please Remit Your Payment to:
MacAllister Machinery Co. Inc.
Dept. 78731 4:27 PM
P.O. Box 78000 PARTIAL RETURN INVOICE
Detroit, MI 48278-0731
Date out
1175490 20JUN2014 8:00 AM 21JUN2014 8:00 AM
CITY OF CARMEL/CRC '• - • •-
C/O CARMEL ENERGY CTR SAME TBD
ONE CIVIC SQUARE
CARMEL, IN 46032 CHILLER RENTAL JOHN DUFFY
WYNMIKEC 03021
Qty Equipment # Min Day Week 4 Week Amount
Billing period: 6/20/14 08:00 AM THRU 6/21/14 08:00 AM.:_:
If requested, our rate will be $108.00 per hour, based on normal 7:00 AM -4.00 PM workdays.
All overtime, expenses and travel required will be at additional costs.
There is a $6.00 per gallon fuel charge for units returned with less than when delivered.
Equipment will be delivered full, unless otherwise stated.
Safety instructions are not included with the delivery or rental of equipment.
DECLARE DAMAGE WAIVER Initial here:
*If declined current insurance certificate must be on file with MacAllister Machinery. Initial here:
Purchaser/Lessee upon failure to pay balance when due shall be liable for all expenses incurred in collection of said balance including but not limited to attorney's
fees and court costs.It is agreed by the parties hereto that reasonable attorney's fees shall be one-third (1/3)of any amount owned by Purchaser/Lessee.
Net 10 days unless otherwise specified.A service charge will be applied to all past due accounts.This agreement shall include the above terms and conditions as
well as those set forth on the reverse hereof.
ACCEPTED BY CUSTOMER
EPPINV (25J-2014)
MASTER RENTAL AGREEMENT TERMS AND PROVISIONS
I MacAllister hereby agrees to lease to the named Lessee,meaning all lessees Jointly and severally,and Lessee hereby leases from MacAllister,under and subject to the terms and provistons hereof until the end of the term specified(Tenn)
the personal property described as"Equipment"rented together with all present and future attachments,replacement parts,repairs,and additions and all proceeds thereof.
2. It is understood between the parties that DlacAllicter is not the manufacturer of the equipment herein rented,nor the agent of the nianufaeto re of said equipment and that no warranty against patent or latent defects is
material,workmanship,or capacity is given,nor that said equipment will meet the requirements of any law',rules,specifications or contracts rylife It provide for specific machinery or apparatus or special methods,other than that
of the original manufacturer of said equipment and as set forth is the manufacturer's catalog and representations wherein said machinery and equipment is listed and deseriIncd.No representation or warranty is made as to the
rear of manufacture of am'equipment. MACALLISTER HEREBY DISCLAUIIS ANY AND ALL WARRANTY,IMPLIED OR EXPRESSED,OF NIERCHAN•TABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. MacAllister shall use reasonable care to see that the equipment is in proper working condition before shipment to lessee MacAllister will not operate or test the equipment unless such operation or testis deemed necessary by MacAllister
or unless Lessee shall request such operation or test til wrung,til which event the Lessee will be notified of the bine and place of such operation and test,and shall be permitted to be present during said operation and test If haying requested
it,Lessee fails to be precept it the time of operation and test,Lessee agrees that said equipment as turned out is in proper operating condition
4. The Lessee agrees to maintain the machmery and equipment in the same condition as when delivered to it by MacAllister,less normal wear aid tear,and to pay all claims and damages to the equipment during the life of this contract,and to
return said property in as good condition as when recen cd by MacAllister,and to pay freight demurrage,storage,swifcl 1g.drayage,trackage,or other charges against said equipment from the time the same shall leave MacAllister up to and
including the time of its ietnm to MacAllister. MacAllister reserves the right to charge Lessee for excessive undercan rage wear and tear.
5 For rubber tired equipment,Lessee acknowledges that repair and replacement of tires are not included in the rental rate and agrees to pay for the repair or replacement(with an allowance for reasonable depreciation)of any tires returned to
MacAllister in a damaged condition regardless of the cause of damage. Reasonable w'car and tear s capccted,however,m is agreed ribber abrasions(gouges,tears,cuts,grooi ing,and c,no,ral of rubber in pieces)or damage to castings is not
reasonable wear and tear.
6 The receipt and acceptance by Lessee of said equipment will constitute acknowledgement that said property has been accepted and found in good,cafe and serviceable condition,and fit for use,unless Lessee makes claim to the contrary to
MacAllister by registered mail with.,tum receipt demanded,addressed to MacAllister',home office within three days after receipt of said equipment The complaint shall set forth specifically and in detail the complete nature and condition
of the proper,,received
7 Should any of the machinery,equipment,or 3PPurtehance5 be received by Lessee fi om any draynran,railroad company or any other carrier transporting same in a damaged condition,or with any of the machinery,equipment,parts or
appurtenances missing,it shall he the duty of Lessee to obtain from said drayman,railroad company or other tamer a written acknowledgement of the damage or shortage The failure on the part of Lessee to obtain such statement or
acknowledgement upon its receipt and acceptance of ,aid machinery,equipment,parts and appurtenances shall be treated as an acceptance of said machinery,equipment,parts and appurtenances in good,safe•serviceable condition and fit for
use Any damage or loss which has occurred and is not covered by a written acknowledgement or statement as atoresaid,or which occurs after acceptance of said property,shall be repaired and replaced at the expense of Lessee If the
machinery,equipment,parts or appurtenances are damaged or lost in transportation and the Lessee furnishes to MacAllister a written detailed acknowledgement and statement from the carrier setting forth the character of damage and loss,
MacAllister agrees to use reasonable dthgenee in having sail damage repaired and loss replaced within it reasonable time,but the equnpnient shall be deemed to have been delivered on the date of acceptance thereof from the carrier.
8. In the event of notice to MacAllister by Lessee that the equipment is not in good,safe and serviceable condmon and fit for use upon its areal,MacAllister shall have the right to put said equipment in good,safe and sen nceable condition
and fit for use,within a reasonable time,or cancel this rental
9 MacAlhster shall not be),able in any ,,of to the Lessee for any loss,delay,or damage of any kind of character resulting from defects in or deficiency of the equipment hereby rented or accidental breakage thereof
10 Lessee shall immediately notify MacAllister of any accident hm•olyng the equipment MacAllister may repair said machinery for the Lessee,ming reasonable diligence to make said repairs upon demand. In the event any work is done
outside of MacAllister's regular hours,by reason of which MacAllister shall be required to pay double time m other overtime changes to its enhploy"s,or to anyone doing the work for Lessee,all such charges will be paid by Lessee to
MacAllister. In the event of accident or breakage of any part of the equipment.and upon receiving written approval floor MacAllister.Lessee may have the same repaired by any competent person,firm mcorporation at its own expense or,
upon notice to MacAllister as to such breakage or accident
I I In the event Lessee accepts the machinery and equipment.as herein provided,and thereafter the said machinery proves defeetn'e or until for use,or if for any reason Lessee desues to discontinue the use of said machinery or equipment.
the only remedy of Lessee shall be to return the machinery to MacAllister and tennmale this contract as herein elsewhere pros ided,by paying all rental charges and other charges herein provided for.
12 Lessee agrees to pay any,and all charges for work or inspection by any labor union MacAllister may,at its option,refuse to do any repair work on the equipment in time of strike.or any cause beyond its control,or in violation of any rile
affecting the equipment MacAllister reserves the right to remove the equipment from the Job at any time when,lin it,opinion,the equipment is in danger because of strike,war,civil disobedience,or any other condition which"lacAllister
determines may threaten the equipment
13. Lessee agrees to comply with and conform to all municipal.Stine and federal laws relating to the operation of said machinery,,and to pay all costs and expenses of every character occasioned or in%of,lair the use or operation of the
machmery or equipment,and to pay all legal nsscssnnerm,taxes or public charges which may be levied upon said equipment while in the possession of the Lessee
14 Lessee agrees to pay MacAllister for all loss and danhages occasioned by foe,theft,flood,accident,explosion,wreck,and act of God or any other causes that may occur during the life of this rental,and until such urachi new has been
returned to the possession of MacAllister and accepted by it. For the purpose of finding the valuation of said property lin older to detemmne the loss,damage or injury thereto,it is agreed by the parties hereto that the value as herein before
stated shall he a true and fast value forming it basis for such adjustment, When equipment leased is deemed to be a total loss,Lessee agrees to pay MacAllister the manufacturer's suggested price of the equipment In making such adjustment
it is understood that no rentals theretofore paid or due apply to the payment of such joss,and it is further understood that MacAllister shall solely make the determination of whether the equipment is a total loss.
15 Lessee further agres to hold harmless and indemnify MacAllister from and against any and all loss,damage,expense,claim and/or penalty arising from any action on account of any injury to person or property of any character whatsoever
occasioned by the operation,handling or transportation of any of the equipment during the rental Pernod and agrees to indemnify MacAllister from and agamsl any and all such claims regardless of whether such loss was caused in part by the
act,omission or negligence of MacAllister.
16 Lessee further agrees to insure all equipment rented from 10acAllister with full insurance coverage as required herein.insuring the equipment against lox OF damage arising from any cause whatsoever,including but not limited to
earthquake,flood or mudslide.MacAllister will provide Lessee it the commencement of the term of this Lease,and which shall be incorporated neem by reference.a separate document entitled"Equipment Rental Insurance Requirements"
detailme the necessary coverages and terns thereof,but which terns shall at least contain,but not by way of limitation,provision for I.)MacAllister as a'los,payee'and'addamnal insured'as applicable:2 1 waiver of subrogation against
MacAlhster and its arso—s on all claims;3)Lessee's ncurince shall be primary and non conuibutory.and.4.)Providing said Insurance to curer any and all damage arising from any or all perils,including but not limited to damage
occasioned by fire,theft•flood,explosion,accident.vandalism,electrocution, actof God,or any other damage that may occur without lunnation as to cause during the life of this rental. Lessee shall within one 11)day from the receipt of the
equipment provide to MacAllister proof of insurance relative to the equipment from a carrier and in amounts acceptable to MacAllister. The proof of insurance shall contain at least(I I a certificate of insurance(2)naming MacAllister as
additional insured and loss payee.(3)clearly describing coverage for the equipment,and(4)disclosing the name,address and phone number of the company providing the coverage
17 The title to the property herein rented and to all replacements thereof or substitution thereof is,and shall renam;with MacAllister,and said machinery and equipment shall not become a part of any budding by being placed therein or by
benne annexed thereto Where the equipment is annexed to any property the Lessee shall furnish MacAllister with a landlord's release,which shall permit MacAllister to remove the equipment from said property at anytime during the life of
or after expiration of this contract
18. The Lessee agrees,whenever requested by MacAllister,to give MacAllister the exact location of all of the machinery and equipment covered by this contract and father agrees to give MacAllister immediate notice of any levy attempted
upon said equipment,or if said equipment from any cause becomes liable to seizure,and to indemnify MacAllister against all loss and damages caused by any such action MacAllister shall have the privilege at all time,of entering any job,
building or location where the aboxe property is being used for the purpose of inspection and reserves the privilege of removing said machinery and equipment without notice if it is being overloaded or taxed beyond its capacity or in any
manner being abused or neglected Lessee warrants that,t has the express permission.1-all land owners upon whoa land the equipment is used to so use the equipment Lessee further warrants that it will not move the equipment from one
project to another without MacAllister s adiance approval,which nob¢•of movement shall be in—rung-
19 This agreement cannot be ascinned without the written consent of MacAllister The equipment li—hy rented shall not be sub-Ict without the wisher consent of MacAlhster
20. Should any of the provisions of this rental be%totaled by Lessee the rental for the entire period herein specified shall become forthwith due and payable and MacAllister,or as agents,may,without notice,enter the premises occupied by
Lessee without being a trespasser thereon,and take possession of and remove said equipment with m without process of law In the event of any action as hereinbefore set forth becomes necessary the Lessee agrees to pay,in addition to other
charges herein specified,all costs of removal of said machinery from the possession of the Lessee and x11 freight,demurraee,storage,labor or other charge on or against said property incurred during the removal,shipping and return to the
possession of MacAllister at its home office or equivalent point designated by MacAllister. '
21 Lessee agrees to pa)'MacAllister all sums due hereunder when they become due.
22. Lessee agrees that if any of these provisions are breached and MacAlhster demands the return of the equipment this rental ago cement shall constitute authonty to the watchmen or other persons responsible for the equipment to deliver all
or any part of the equipment to MacAllister or its agents.
23. In case any matter is written or typed into this printed contract other than such as is necessary to fill in blanks provided herein,such matters shall be deemed an addition to the contract and it is specifically understood and agreed that such
added matter is not in any manner whatsoever intended to cher the meaning or intention of the printed clauses of the contract and in case of conflict and inconsistency between the printed portions and the written or typed additions,the printed
portions shall control any written or typed clause tri conthct therewith and the latter.shall be treated as rid.
24 Both MacAllister and Lessee agree that no modifications of this agreement shall be binding upon MacAlhster unless such modification,cancellation,addition thereto or notation shall be in writing duly signed by MacAllister and duly
approved by an officer of MacAllister at the home office of MacAlhster
25 This rental before becoming e•ffecuve must be approved by an Officer or other authorized representative of MacAllister.
26 MacAllister may execute,file and sign Lessees name to a financing.statement or file a financing statement signed only by MacAllister covering equipment or goods delivered or to be delivered to Lessee under this agreement for
"information purpose"'or othewise and also coveting proceeds and future advances This agreement constitutes a reservation of title or Secuuhy Agreement with reference to such transactions
27.Thr,agreement and acceptance of itis agreement is subject to coir ections for arithmetic arrow in eompuraion -
28 Ma,Alli,ter reser —the roll to replace a rental unit with a like rental unit
29 Lessee agrees to maintain the rented equipment per factory recommended lubrication and nmmtenance intervals and keep scheduled oil sample rccm ds MacAllister reserves the right to ask for mamienance records for the rental period
Should said maintenance records not be available and factory reconunendted service maintenance is required.MacAWster will Perioun the appropriate service wonk at the Lessee',expense
30 MacAllister s rental machines will be tial of fuel when they leave MacAllister's premises Lessee agrees to return said rental equipment full of fuel on be charged with appy opriate fuel backcharge
3 L RATES Rates are haled on one stuff operation–S hour/Joy,5 day;week or 41)hourhveek,160 hour/J week,ental month Unless quoted otherwise,hours used in excess of"one'shift(i.e in excess of 8 hours per day or 40 hours per
week or 160 hours per month)will result m an additional shift rate being charged.,and hours used in excess of a two shift operation(r c greanr than 16 hours/day.80 hours week or 320 hours/month)shall result til yet an additional one shift
rate being charged. ,
32 Aggregation Clause The terms and conditions of this Master Rental Agreement shall cover all equipment,machinery and appurtenances leased by Lessee from MacAllister both presently and in the future It is the intent of MacAllister
and Lessee that this Master Rental Agreement shall be construed as,and shall be,the Only rental agreement between the parties,even though Lessee may hereafter execute additional Master Rental Agreements For instance,if Lessee leases
one piece of equipment from MacAllister under this agreement OF January,then another in May,both pieces of equipment shall be construed as having been leased under one agreement:this Master Rental Agreement
33 Damage Waiver Lessee specifically acknowledges that the payment of a fire,theft,on vandalism damage war•er with respect to any equipment leased from MacAllister does not san,fy Lessee's obligation to insure the equipment nor
absolve Lessee of damage to the equipment caused by the negligence on carelessness of Lessee The damage waive,does not insure Lessee from damage to the equipment caused by Lessee,its agents,or others acting under Lessee's control or
operation of the equipment with Lessee's active or constmctn'e permission
34. Jurisdiction The parties agree that any dispute,arising hereunder shall be rcsolred uh the courts of Marton County,Indiana,and Lessee specifically subjects its if to the jurisdiction thereof. Further,Lessee agrees that in the event
MacAllister is required to employee an attorney for the purpose of enforcing the terms and condition,hereof,or with respect to the collection of any amount due hereunder,MacAllister shall be entitled to recover its attorney,fees,cost of
collection,and all other reasonable expenses associated u rth such proceeding
35 Accidents Without demand Lessee shall notify Lessor immediately(and in any event,wrthi n twenty-four(24)hours thereafter)of each acctdent involving any equipment covered by this Master Rental Agreement. Lessee shall include
such information as is known,including,but not limned to the time,place,and nature of the accident or damage,the names and addresser,of pastes invoked in the accident(s).including but not limited to persons injured•witnesses,and
owners of property damaged Lessee shall promptly advise Lessor of all,corespondence,papers,notices,or documents whatsoever,received by Lessee in connection with any claim or demand involving or relating to any equipment or its
operation and,together with Lessees employees aid in the investigation and defense of all such claims and demands,and lin the necovery of damages from third parties liable therefore
36. Renta Protection Plan- This paragraph is to force proxuded Lessee a)accepts the"Rental Protection Plan"through the proper indication thereof on the front of this contract,and pay,at the time of-equipment rental,or any extension of
said equipment rental,an additional sum equal to 14 percent of the gross equipment rental charges,b)Lessee takes reasonable precautions to protect equipment and does not intentionally da riage said equipment c)Lessee does not cause any
loss or damage by negligence,including but not limited to negligent use or operation of the equipment in a reckless or abusive manner Notwithstanding the purchase of a Rental Protection Plan,Lessee shall nonetheless remain liable for a)25
percent of the manufacturer's list price not to exceed$25,000 for stolen equipment and b)50 percent of the cost of repairs of any damaged equipment. Nothing herein to the contrary,the following risks are expressly assumed by Lessee as its
exclusive responsibility: a)Damages caused by use or operation of the equipment in a manner inconsistent with the manufacturer's unslmctnns,or contrary to this contract,b)Loss or damage of accessory equipment such as welding leads.
electric cords,bits,batteries,hoses,tires,tubes or harnesses,etc,c)Loss due to operation of the equipment by a person other than an authorized operator per the contract or any dishonest act by Lessee or by person(s)entrusted by Lessee with
the equipment,including Lessee's employees,subcontractors or agents:d)Los,of damage due to flood,,form,rarthquake Or oilier external causes,el Loc,or damage due to exceeding rated capacity,misuse,abuse,negligence,or improper
servicing of equipment,f)Seizure or destruction of equipment by order of governmental authonty:g)All loss or damage caused by vandalism,malicious mischief,disappearance.theft or wrongful conversion of equipment not reported by
Lessee promptly(within 24 hours)to the police and L ssa by filing a formal written theft,sandal sin or conversion report.h)All loss or damage to equipment resulting from nuclear reaction or radiation,or radioactive contamination from any
other came,if Loss or damage as a result of the striking of overhead objects",rill equipment:j)Loss or damage to equipment occur ting during the loading,unloading or transportation by Lessee:k)Loss due to the equipment being upset or
rolling over,int Loss or damage to equip tient due to the exposure and contamination from hazardous maternal This rental Protection plan will not be effective unless at the time of such loss or damage the Lessee',account with Lessor is
current In any event,acemed rental charges cannot be applied against the purchase,or the cost of repair.of damaged,stolen or lost equipment In the event of any loss.damage or destruction to equipment,Lessor will be subrogated to any
rights of Lessee to recover against any person.firm or corporation Lessee will execute and deliver to Lessor whatever instruments and papers:are required,and take all other necessary steps to secure in Lessor such rights. Lessee will
cooperate fully with Lessor and/or ns nam er(s)m the procecuuon of those rights and will neither take nor pemhit nor,offer any action to prejudice Lessor's or its insurer',rights with respect thereto The rental Protection plan s not insurance
and does not rotect Lessee from u,rte h gree nor Grim liabiht•to Others arisen out of osse o use oro erauon of e w mens.
09/09
7575 E.30TH ST.
$ INDIANAPOLIS, IN 46219
+ 317-860-4494
MacAllister Power System ContractNii.'' Irivoice;:IV�.:..` :.•:<Date;
0254746 R04025474606 07AUG2014 Page 1
Please Remit Your Payment to:
MacAllister Machinery Co. Inc.
Dept. 78731
P.O. Box 78000 11:15 AM
Detroit, MI 48278-0731 CREDIT MEMO
lia
1175490 07AUG2014 8:00 AM
CITY OF CARMEL/CRC . •• IgIgmom
_ . •_
C/O CARMEL ENERGY CTR SAME TBD
ONE CIVIC SQUARE •• e
CARMEL. IN 46032 CHILLER RENTAL j
OHN DUFFY
WYNMIKEC •03021
Qty I Equipment # Min Day Week 4 Week Amount
�s>
>Fi i^e7;Th6ftLVanda 1.1i sm "
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: .:..-.:•.�n' '.:::`. t..: ,..H.:.::,. .. :. ..:n.., f{;:. F:�::is :.:U•: -
Y
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?:�•: �yf tr.:.V.> .<i�.> , : ,cfi
210.00 cR
If requested,our rate will be $108.00 per hour, based on normal 7:00 AM-4.00 PM workdays. Total ; 210,00-
All overtime,expenses and travel required will be at additional costs.
There is a $6.00 per gallon fuel charge for units returned with less than when delivered.
Equipment will be delivered full,unless otherwise stated.
Safety instructions are not included with the delivery or rental of equipment. CREDIT
DECLARE DAMAGE WAIVER Initial here:
*If declined current insurance certificate must be on file with MacAllister Machinery. Initial here:
Purchaser/Lessee upon failure to pay balance when due shall be liable for all expenses incurred in collection of said balance including but not limited to attorney's
fees and court costs.It is agreed by the parties hereto that reasonable attorney's fees shall be one-third(1/3)of any amount owned by Purchaser/Lessee.
Net 10 days unless otherwise specified.A service charge will be applied to all past due accounts.This agreement shall include the above terms and conditions as
well as those set forth on the reverse hereof.
ACCEPTED BY.CUSTOMER
'ernes USA,nm.q
Prescribed by State Board of Accounts City Form No.201(Rev.1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s)or bill(s))
07/11/14 R04025474602 Energy Center $1,848.00
07/17/14 R04025474603 Energy center $18,171.00
1 hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance
with IC 5-11-10-1.6
20
Clerk-Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
MacAllister Machinery Co. Inc.
Dept 78731 IN SUM OF $
PO Box 78000
Detroit, MI 48278-0731
$20,019.00
ON ACCOUNT OF APPROPRIATION FOR
Building Operations Account
PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT
Board Members
1208 804025474602 -509.00 $1,848.00 I hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
1208 R04025474603 -509.00 $18,171.00
materials or services itemized thereon for
which charge is made were ordered and
received except
Monday, August 11, 2014
Director, Adminstration
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund