HomeMy WebLinkAbout239312 11/19/2014 ''��p''F. CITY OF CARMEL, INDIANA VENDOR: 00351502
j; ® , ONE CIVIC SQUARE MACALLISTER MACHINERY CO INC CHECK AMOUNT: $`"*";"598.08"
x. CARMEL, INDIANA 46032 DEPT 78731 CHECK NUMBER: 239312
+y,,. PO BOX 78000 CHECK DATE: 11/19/14
«ori`°' DETROIT MI 48278.0731
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
651 5023990 R60124577001 499.84 OTHER EXPENSES
651 5023990 R64124968901 98.24 OTHER EXPENSES
6870 WEST WASHINGTON ST
MacAllister c INDIANAPOLIS, IN 46241
317-244-7368 Rental
.. ..... ....... . . . .. ... .. .... . ... . ... ..
SiOflE�
MacAllister Rental, LLC COntra.ct No. Invowe,No Date
Please Remit Your Payment to:
1245770 R60124577001 04NOV2014 Page 1
MacAllister Rental, LLC
Dept. 78731
P.O. Box 78000 8:55 AM
Detroit, MI 48278-0731 SALES INVOICE
Dat_ out _
1342900
CITY OF CARMEL
WASTEWATE TREATMENT PLANT
9609 HAZEL DELL PKWY 514511
INDIANAPOLIS, IN 46280 ' •- -• '
Phone: 317-571-2634 SHOP DUANE
Fax: NATHANT 00080
Qty B/O Item Number Bin Loc Unit Price Amount
PINASSY: EA 113:91. 113 91
CAT2.108903 .
1 0;: SEAT KIT;; 77::24 77..24 >
CAT2165574
1.0 BEARING-SLEEVE EA 96.79 96.79
CAT2857228
4.0 SEA'.L,LIP.:; EA 9:62 38 48
CAT8T7535 . .
2 Q> BEAIRII G; SLEEVE 86':71 17;3 42
CAT2857227
DELIVERY INSTRUCTIONS:
Will call
Sub-total 499.84
Total 499.84
IMPORTANT! Please note and acknowledge safety instruction by initialing here:
DECLARE DAMAGE WAIVER (Damage waiver is not available on crane rentals). Initial here:
'If declined current insurance certificate must be on file with MacAllister Rental. By his/her Initial Customer will provide guard railing;planking, out riggers,and other
safety accessories as required,per safety instructions.lnitial 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 attorpey'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 dkarge will 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. 309
D9 ` fv)
C
ACCEPTED BY CUSTOMER J J
RMPSLS 1300c120141
13450 BRITTON PARK ROAD i H E
MacAllister FISHERS, 038
317-598-8-970700 � Rental
SiOHE�
MacAllister Rental, LLC
Contract..No..;' Date.::;>`:;
Please Remit Your Payment to: 1249689 R64124968901 07NOV2014 Page 1
MacAllister Rental, LLC
Dept. 78731
P.O. Box 78000 10:47 AM
Detroit, MI 48278-0731 SALES INVOICE
1174600 Date out Date In 777777 1
CITY OF CARMEL ''11. Purchase Order
STREET DEPT
3400 W 131ST ST 1 CARMEL WWTP 514539
CARMEL, IN 460747OLIVER Phone: 317-733-2001 9609 HAZEL DELL PKWY. CARMEL BRAD
Fax: 317-733-2005 WYNAARONI 00140 "
Qty B/O Item Number Bin Loc Unit Price Amount
4 0< OIL; 14W :HYD(1G.A1 �AD;UANCED EA 24 ;56 9$ 24
CAT3096932
X.
Sub-total 98.24
Total 98.24
IMPORTANT! Please note and acknowledge safety instruction by initialing here:
DECLARE DAMAGE WAIVER (Damage waiver is not available on crane rentals). Initial here:
'If declined current insurance certificate must be on file with MacAllister Rental.By his/her Initial Customer will provide guard railing,planking,out riggers,and other
safety accessories as required,per safety instructions.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_(1L3)_of-an.y_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
RMPSLS 1300ct20141
MASTER RENTAL AGREEMENT TERMS AND PROVISIONS
L 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 provisions 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 MacAllister is not the manufacturer of the equipment herein rented,nor the agent of tire 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 ofany equipment.MACALLISTER HEREBY DISCLAIMS ANYAND 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 condition before shipment to lessee.MacAllister will not operate or test the equipment unless such operation or lest is-deemed necessary by MacAllister
or unless Lessec shall request such cperation or test iri writing,in which event the Lessee will be notified of the time and place so such operation and lest,and shall be permitted to be present during said operation and Lest.if having requested
it.Lessee fails to be present at 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 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 received by MacAllister,and to pay freight demurrage,storage,switching,drayage,trackage,or other charges against said equipment 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 lear.
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 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 mail with return receipt demanded,addressed to MacAllister's 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 property received.
7. Should any of the machinery,equipment,or appurtenances be received by Lessee from any drayman,railroad company or any other carver transporting same in a damaged condition.or with any of the machinery,equipment,parts or
appurtenances missing,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,pans and appurtenances shall be treated as an acceptance so 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 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 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 diligence in having 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 carrier.
8. In the event of notice to MacAllister by Lessee that the equipment is not in good,safe and 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 involving the equipment.MacAllister may repair said machinery for 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 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 may have the same repaired by any competent person,firm or corporation at its own expense or,
upon notice to MacAllister as to such breakage or accident.
11. In the event Lessee accepts the machinery and equipment,as herein provided,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,
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 role
affecting the equipment.MacAllister reserves the right to remove the equipment from the job at any time when,in 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 to comply with and conform to all municipal,state and federal laws relating to the operation of said machinery and to pay all costs and expenses of every character occasioned or involving the use or operation of the
machinery or equipment,and to pay all legal assesments,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 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(he valuation of said property in order to determine the lass,damage or injury thereto,it is agreed by the parties hereto that the value as herein before
stated shall be a true and fast value forming a 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 loss,and it is further understood that MacAllister shall solely make the determination of whether the equipment is a total loss.
15. Lessee further agrees to hold ha niles_s auld.indemmfy MacAllister from and againstwand..((-loss_ lty arising-firomany-action on a onrof ny-injury-to--perg-n'orpmperty-ot-any chamfer wlt5fsoever
-'`ocf iu>ff6y-th`e'opemtm'n, tl andling or Iransportalion of anybf the equipmcnt 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 MacAllister.
16. Lessee further agrees to insure all equipment rented from MacAllister with full insurance coverage as 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 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 and terns 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.)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,Rood,explosion,accident,vandalism,electrocution,act of God,or any other damage that may occur without limitation as to cause during the life of this rental.Lessee shall within one(1)day form 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(1)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 remain,with MacAllister,and said machinery and equipment shall not become a part of any building by being placed[herein or by
being 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 properly at any time 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 further agrees to give MacAllister immediate notice of any levy attempted
- upon-said�cquipment,or if--said equipment from any cause becomes-liable-to-seizure,and-to-indemnify-MacAllister against all loss and damagcs_caused by-=) uch-action_MacAllisteLshafl 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 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 it has the express permission of all land owners upon whose 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 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 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 rental 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 lake 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 herein 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 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 any of 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 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 isnot 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 printed
portions shall control any written or typed clause in conflict therewith and the latter shall be treated as void.
24. Both MacAllister and Lessee agree that no modifications of(his agreement shall be binding upon MacAllister unless such modification,cancellation,addition thereto or natation shall be in writing duly signed by MacAllister and duly
approved by an officer of MacAllister at the home 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 Lessee's 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 purposes"or otherwise and also covering proceeds and future advances.This agreement constitutes a reservation of title or Security Agreement with reference to such transactions.
27. This agreement and acceptance of this agreement is subject to corrections for arithmetic errors in computation.
28. MacAllister reserves the right to replace a rental unit with a like rental unit.
29. Lessee agrees to maintain the rented equipment per factory recommended lubrication and maintenance intervals and keep scheduled oil sample records.MacAllister reserves the right to ask for maintenance records for the rental period.
Should said maintenance records not be available and factory recommended service maintenance is required,MacAllister will 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 return said rental equipment full of fuel or be charged with appropriate fuel backcharge.
31. RATES.Rates are based on one shift operation-8 hour/day,5 day/week or 40 hour/week,160 hour/4 week rental 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 in an additional shift rate being charged,and hours used in excess of a two shift operation(i.e.greater than 16 hours/day,80 hours/week or 320 hours/month)shall result in yet an additional one shift
rale 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 he 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 in January, then another in May, both pieces of equipment shall be constmed 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 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 or carelessness of Lessee.The damage waiver does not insure Lessee form 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 disputes arising hereunder shall be resolved in the courts of Marion County,Indiana,and Lessee specifically subjects itself 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 its attorneys fees,cost of
collection,and all other reasonable expenses associated with such proceeding.
35, Accidents:Without demand Lessee shall notify Lessor immediately(and in any event,within twenty-four(24)hours thereafter)of each accident involving any equipment covered by this Master Rental 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 parties 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 claim or demand involving or relating to any equipment or its
operation and,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 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 arc 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 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 haresses,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)Loss of damage due to flood,storm,earthquake or other enteral causes;e)Loss 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 authority;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 Lessor by filing a formal written theft,vandalism or conversion report;h)All loss or damage to equipment resulting from nuclear reaction or radiation,or radioactive contamination from any
otter 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;m)Loss or damage to equipment due to the exposure and contamination from hazardous material.This rental protection plan will not be effective unless at the time of such toss or damage the Lessee's account with Lessor is
current.In any event,accred 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 lake all other necessary steps to secure in 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 insurer's rights with respect therein.The rental protection plan is not insurance
and does not prolect Lessee from its negligence nor from liability to others arising out of possession,use or operation of equipment
09109
VOUCHER # 145981 WARRANT# ALLOWED
351502 IN SUM OF $
MACALLISTER MACHINE CO., INC. !
DEPT. 78731
PO BOX 78000
DETROIT, MI 48278-0731
Carmel Wastewater Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
R6012457700 01-7502-06 $499.84
R6� la'496g9o1
')I - -7Soa•O6
Voucher Total $499.84
Cost distribution ledger classification if
claim paid under vehicle highway fund
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 of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
351502
MACALLISTER MACHINE CO., INC. Purchase Order No.
DEPT. 78731 Terms
PO BOX 78000 Due Date 11/12/2014
DETROIT, MI 48278-0731
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
11/12/201, R6012457701 $499.84
I 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
Date fficer