HomeMy WebLinkAbout256962 03/31/16 y ur-4�qM
CITY OF CARMEL, INDIANA VENDOR: 00351502
b ® ONE CIVIC SQUARE MACALLISTER MACHINERY CO INC CHECK AMOUNT: $V'" ..536.00"
CARMEL, INDIANA 46032 DEPT 78731 CHECK NUMBER: 256962
PO BOX Mdrow`4°' DETROIT 800 8278-0731 CHECK DATE: 03/31/16
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4353099 R64169843201 536.00 OTHER RENTAL & LEASES
• �,CL ,11�SL1�1 13450 BRIRS, I PARK ROAD
► � FISHERS, IN 46038
317-598-9700 Rental
SiONEa
MacAllister Rentals
Contract No . . . Invoice
1698432 R64169843201 23MAR2016
Please Remit Your Payment to:
MacAllister Rentals r
Dept. 78731
P.O. Box 78000 Page 1
Detroit, MI 48278-0731 RENTAL RETURN INVOICE 438 PM
Date Th
-
1174600 22MAR2016 2:00 PM 23MAR2016 9:36 AM
CITY OF CARMEL/STREET
- . I
STREET DEPT
3400 W 131ST ST 1 - Carmel Salt Barn PENDING
CARMEL, IN 46074 •• •- -•
Phone: 317-733-2001 4915 E 106TH ST. CARMEL JIM HOBBS
Fax: 317-733-2005 WYNJIMA 00089
Qty. Equipment # Min Day Week 4 Week Amount
1 *9K#REACH FORKtIF-T 42 4,3: -':13-7 51. 0 0<I. 910 0..0 0 19' 0 .0 3.7 5 0 0 '._
TBL1271 Make CAT;:Mode1.:.1TL943 OUT Ser ,. TBL0127.I
HR OUTl 3602 60 HR INl. 3608 50 TOTAL 5 90''
Have boom retracted fully when using
bucket.
1 TELEHANDLER BUCKET N/C
THIBK470 Make PALADIN. Model BKT:TH .Ser,#i 402818
SALES ITEMS
Qty Item number Unit Price
1 ENVIRONMENTAL FEE EA 11 .00 11.0 0
ENVIRONMENTAL FEE
DELIVERY CHARGE 75 D 0:.;';;
PICKUP CHARGE _.. _.... 75.00
CONTINUEQ
.. ...
Sub-total 536.00
Exempt
Total 536.00
IMP,ORTANT!•- 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.lnitial Customer will provide guard railing, planking,out riggers,and other
0
safety accessories as required,per safety instructions.Initial here:.
7
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
RMPINV 121J.n20161
MASTER RENTAL AGREEMENT TERMS AND PROVISIONS
1. MacAllister Rental hereby agrees to lease to the named Lessee,meaning all lessees jointly and severally,and Lessee hereby leases from MacAllister Rental,under and subject tothe terms and provisions hereof
until the end of the term specified(Term)the personal property described as IEquipmentm 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 Rental is not the manufacturer of the equipment herein rented,nor the agent of the manufacturer of said equipment and that no warranty against
patentor 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 wherei�r said mach,ferry and
equipment Is Ilsted and described.No representation or warranty is made as to the year of manufacture of any equipment. MACALLISTER RENTAL HEREBY DISCLAIMS ANY AND ALL WARRANTY,
IMPLIED OR EXPRESSED,OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. MacAllister Rental shall use reasonable care to see that the equipment is in proper working condition before shipment to lessee. MacAllister Rental will not operate or test the equipment unless such operation or
test is deemed necessary by MacAllister Rental or unless Lessee shall request such operation or test in writingg�in which event the Lessee will be notified of the time and place of such operation and test,and shall
be permuted to be present during said operation and lest. If having requested il,Lessee fails to be present atthe 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 Rental,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 Rental and to pay freight demurrage,storage,switching,drayage,trackage,pro ther charges against
said equipment from the time the same shall leave MacAllister Rental up to and including the time of Its return to MacAllister Rental. MacAllister Rental reserves the right to charge Lessee for excessive
undercarriage wear and tear.
5. For rubber tired equipment,Lessee acknowledgges 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 fires returned to MacAllister Rental 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 Rental by registered mail with return receipt demanded,addressed to MacAllister Rental'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 carrier 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 carder 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 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 acce�ppa
tance of said property,shall be repaired and replaced at the expense of Lessee. If the machinery,equipment,parts or ppurtenances are damaged or lost in transportation and
the Lessee furnishes to MacAllister Rental a written detailed acknowledgement and statement from the carrier setting forth the character of damage and loss,MacAllister Rental 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 Rental by Lesseethat the equipment is not in good,safe and serviceable condition and fit for use upon its arrival,MacAllister Rental 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 Rental 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 Rental of any accident involving the equipment. MacAllister Rental 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 Rental's regular hours,by reason of which MacAllister Rental shall be required to pay double time or other overtime charges to Its employees,or to
anyone doing the work for Lessen,all such charges will be paid by Lessee to MacAllister Rental. In the event of accident or breakage of any part of the equipment,and upon receiving written approval from
MacAllister Rental,Lessee may have the same repaired by any competent person,firth or corporation at its own expense or,upon notice to MacAllister Rental 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 far 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 Rental and terminale 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 Rental 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 Rental reserves the right-to remove the equipment from the job at anytime when,-in its opinion,the equipment is in danger because of strike,
war,civil disobedience,or any other con dillon which MacAllister Rental 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 assessments,taxes or public charges which may be levied upon said equipment while in the possession of the Lessee.
14. Lessee agrees to pay MacAllister Rental 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 machinerryy has been returned to the possession of MacAllister Rental and accepted by it. Nr the purpose of finding the valuation of said property in order to determine the loss,damage or injury thereto,it
is agreed by the pariles 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 Rental 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 Rental shall solely make the determination of whether the equipment is a total loss.
15. Lessee further agrees to hold harmless and indemnify MacAllister Rental from and against any and all loss,damage,expense,claim and/or penalty arising from anyy action on account of any injury to person or
properly of any character whatsoever occasioned by the operation,handling or transportation of any of the equipment during the rental period,and agrees to Indemnify, acAllister Rental 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 Rental.
16. Lessee further agrees to insure all equipment rented from MacAllister Rental 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 Rental will provide Lessee at the commencement of the term of this Lease,and which shall be incorporated herein by reference,a separate
document entitled(Equipment Rental Insurance Requiremenlsm detailing the necessary coverages and terms thereof,but which terms shall at least contain,but not byway of limitation,provision for:1.)MacAllister
Rental as a'loss payee and'additional Insured'as applicable;2.1 waiver of subrogation against MacAllister Rental 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 damagge arising from any or all perils,intruding 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 this rental. Lessee shall within one(1)day from the receipt of the equipment provide to MacAllister Rental proof of insurance relative
to the equipment from a carder and In amounts acceptable to MacAllister Rental. The proof of Insurance shall contain at least(1)a certificate of insurance(2)naming MacAllister Rental 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 Rental,and said machinery and equipment shall not became a part of any
building by being placed therein or by being annexed thereto. Where the equipment is annexed to any property the Lessee shall furnish MacAllister Rental with a landlord s release,which shall permit MacAllister
Rental to remove the.equipment from said property at any time during the life of or after expiration of this contract.
18. The Lessee agrees,whenever requested by MacAllister Rental,to give MacAllister Rental the exact location of all of the machinery and equipment covered by this contract and further agrees to give MacAllister
Rental immediate notice of any levy attempted upon said equipment,or if said equipment from any cause becomes liable to seizure,and to indemnify MacAllisterRental against all loss and damages caused by any
such action.MacAllister Rental shalt 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 pnvilege 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 souse the equipment. Lessee further warrants that it will not move the equipment from one project to another without MacAllister Rental's advance approval,which notice
of movement shall be in writing.
19. This agreement cannot be assigned without the written consent of MacAllister Rental. The equipment hereb rented shall not be sublet without the written consent of MacAllister Rental.
20. Should any of the provisions of this rental be violated by Lessee the rental for the entire period herein specif ed shall become forthwith due and payable and MacAllister Rental,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 sal d 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 Rental at its home office or equivalent point designated by MacAllister Rental.
21. Lessee agrees to pa MacAllister Rental all sums due hereunder when they become due.
22. Lessee agrees that if any of these provisions are breached and MacAllister Rental demands the return of the equipment this rental agreement shall constitute authority to the.walchmen or other persons
responsible for the equipment to deliver all or any part of the equipment to MacAllister Rental or its agents.
23.1n 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 printed portions shall control any written or typed clause in conflict therewith and the latter shall be treated as void.
24. Both MacAllister Rental and Lessee agree that no modifications of this agreement shall be binding upon MacAllister Rental unless such modification,cancellation,addition thereto or notation shall be In writing
duly signed by MacAllister Rental and duly approved by an officer of MacAllister Rental at the home office of MacAllister Rental.
25. This rental before becoming effective must be approved by an Officer or other authorized representative of MacAllister Rental.
26. MacAllister Rental may execute file and sign Lessee's name to a financing statement or file a financing statement sigred only by MacAllister Rental 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 Rental reserves the right to repplace a rental unit with a like rental unit.
29. Lessee agrees to maintain the rented equlpmentper factory recommended lubrication and maintenance Intervals and keep scheduled oil sample records.MacAllister Rental 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 Rental will perform the appropriate service work
at the Lessee's expense.
30. MacAllister Rental's rental machines will be full of fuel when they leave MacAllister Rental's Premises. Lessee agrees to return said rental equipment full of fuel or be charged with appropdate 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
ger 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
ours/month)shall result in 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 Rental both presently and in the
future. It is the intent of MacAllister Rental 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
i
execute additional Master Rental Agreements.For instance,if Lessee leases one piece of equipment from MacAllister Rental under this agreement in 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,or vandalism damage waiver with respect to any equipment leased from MacAllister Rental 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 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 disputes arising hereunder shall be resolved In the courts of Marlon County,Indiana,and Lessee specifically subjects Itself to the jurisdiction thereof. Further,Lessee
agrees that In the event MacAllister Rental 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
Rental 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 lime,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 rovided 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 are expressly assumed by Lessee as its exclusive responsibillty: al 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,
lubes or hamesses,.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 b,prson(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 external causes;a)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 aulhodly;g)All loss or damage caused by vandalism,malicious miscriief,disappearance,theft or
wrongful conversion of equipment not reported 6y 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 radlatlon,or radioactive contamination from any other cause;i)Loss or damage as a result of the sldking of overhead objects with equipment;J)Loss ordamage to equipment
occurring dunng the loading unloading or transportation by Lessee;k)Loss due to the equi merit being upset or rolling over;m)Loss or damage to equipment due to the exposure and contamination from hazardous
maledal. This rental protec-tion plan will not be effective unless al the time of such loss or dame a 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. In the event of an loss,dgamage or destruction to equipment,Lessor will be subrogatetl to any rights of Lessee to recover against any person,
firm or corporation. Lessee will execute and deliver tg Lessor whatever Instruments andypapars are required,and take all other necessary steps to secure in Lessor such dghts.Lessee will cooperate fully with
Lessor and/or Its insurers)in the prosecution of those dghls and will neither take nor permit nor suffer any action to prejudice Lassf s . its Insurer s rights with respect thereto. The rental proteclign plan is not
insurance and does not protect Lessee from its negligence,nor from habil ty to others arising out of possession,use or operation of equipment.
13450 BRITTON PARK ROAD
MacAllister FISHERS, 038
317-598-8-970700 RelLtal
... SiOBEe
MacAllister RentalsContract No Cn�oice?No Dane
Please Remit Your Payment to:
1698432 R64169843201 23MAR2016
MacAllister Rentals
Dept. 7873.1
P.,O. Box 78000 Page 2
Detroit,-Ml 4.8278-0731 RENTAL RETURN INVOICE 4:3s PM
Date
ut Date In
1174600 22MAR2016• 2:00 PM 23MAR2016 9:36 AM
CITY OF CARMEL/STREET
STREET DEPT •• -
3400 W 131ST ST 1 - Carmel Salt Barn PENDING-
CARMEL, IN 46074 •• • •- -•
Phone: 317.733-2001 4915 E 106TH ST, CARMEL JIM HOBBS
Fax: 317-733-2005 WYNJIMA 00089
Qty E uipment'# Min Day Week 4 Week Amount
.�
---- _
Y
FINAL BILL: 3/22/16 02:00 PM THRU 3/23/16 09:36 AM.
IMPORTANT! Please note and acknowledge safety instruction.by initialing here:
DECLARE DAMAGE WAIVER (Damage waiver is not available on crane rentals). Initial here:
'df 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 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
RMPINV WJe 2016)
MASTER RENTAL AGREEMENT TERMS AND PROVISIONS
1. MacAulster Rental hereby agrees to lease to the named Lessee,moaning a7 lessees jo'nL and severally,and Lessee hereby leases from MacAllister Rental,under and subject to the terms and provisions hereof
until the end of the tern specified(Term)the personal property described as IEquipmenlm rented togetherw,th all present and fuvo attachments,replacement parts,repairs,and additions and all proceeds thereof.
2. It Is understood between the partles that MacAllister Rental Is not the manufacturer of the equipment herein rented,nor the agent of the manufacturer of said equipment and that no warrant'against
Palont or talent defects In material,workmanship,or capacity Is given,nor that said equipment will moot 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 sot forth In the manufacturer's cataloogg and representations wherein suld Machin and
Tulpment Is listed and described.No representation or warranty Is made as to the year of manufacture of arty equipment MACALUSTER RENTAL f1EREBY DISCLAIMS ANY AND ALL WARRANTY,
IMPLIED OR EXPRESSED,OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. MaWlister Rental Shan use feasonab:e care to see that the equ!pment is In proper working condition before sh:pmenl to lessee. MacAfJslct Rental will not operate or lest the equipment unless such operation or
test Is deemed necessary by MacAllister Rental or uWcss Lessee shall request such operation or test In w;iUng In which event the Lessee w'll be noifhed of the time and place of such operation and test,and shag
be permitted to be present during said coeraL'on and test. If having requested it.Lessee fails to be present at One time of operation and lest.Lessee agrees Ilial said equipment as turned out is In proper opemOg
condition.
4. The Lessee agreos to maintain the machinery and equipment in the some condiUon as when delivered to Il by MlacAnis!er Rental,less normal wear and tear,and to pay an claims and damages to the equipment
during the Cfo of this contract and to return said oro�aty In as flood condition as when received by MacAL.'sler Rental and to pay freight demurrage,storage,switching,drayage,trackage,or ofner charges against
said equipment from the lime the same shall leave la liVer en!al up to and Inc.'uding the time of its return to M!aCAI!;sler tali aWli'I Rental reserves the right to charge Lessee for excessive
undcrcamago wear and tear.
S. For rubber fired equipment.Lessee acknowledges that repair and replacement of tires are rid Included in the rental fele and agrees to pay for the repair or replacement(with an allowance for reasonable
dopraciettan)of an tios returned to Ma Mister Renal In o damaged condition regardless of the cov3e of damage. Reasonable wear and tear is expected.however,It Is agreed rubber abrasions(gouges.tears.
cuts grooving.on�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 constilule acknowledgement that said property has been accepted and found In good.safe and serviceable condition,and fit foruse,unless Lessee
makes dam to the contrary to MacAllister Rental by roistered mall AIM return receipt demanded,addressed to klar-A ,'sla Rental's home office W:Nn thrco days after rocelpl of said equ!pment. Tho complaint
shah set forth spedfically and in detail the complete no,ure and condition of the progeny received.
7. Should any of the machinery,equipment.or appurtenances be received b Lessee from any draymon,ra'_'road coparey or any other carrier transporting same In a damaged cond;llon,or with any of ire
machinery,equipment parts of spounenances missing•it shall be the duly O� mLessee to obtain from said drayman.ralroaC company or Other carrier a wrnttcn ac.nowledgemenl of the damogo or shortage. Tho
failure on tno part of Lessee to obtain such statement or acknowledgement upon Its rece'pt and acceptance of said machinery,equipment,parts and appurtenances sha7 be treated as an acceptance of said
machinery,equipmenL parts and oDD'urtenances In good.safe.Serviceab!e condition and fit for use. Any damage or loss wnich has occurred and Is not covered by a written acknorMedgemenl Of statement as
aforesaid,or which occurs after ecce lance of said progeny,shah be repaired and replaced a:the expense of Lesson. It Ino macn!nery,equipment,pans o appurtenances aro damaged a lost in trorapartation and
the Lessee furnishes to MacAllister ental a wdlt¢n deI18JCd ocknowledgemenl and statement Lrom the Carder setting ICM the character of damage and loss, arAr'ster Rental agrees to use reasonable diligence in
having said damage repaired and loss replaced within a reasonable time.but the equipment snag be deemed to have been d6vered on the dale of a:c¢plance thereof from the career.
8. In the event of notice to MacAl„sler Rental by Lessee that the equipment Is not in good•safe and serviceable condiVon and fit for use upon its arrival.MarAMsler Rental shall have the right to put said equipment
in good,safe and serviceable condition and fat for use,within a reasonable time.or cancel INS rental.
9. MarAnister Rental shah not be liable In any event to the Lessee fon any loss,delay,of damage of any kind of characlei tesu!Gng from defects In or deficiency of the equipment hereby rented Or accidertlal
breakage thereof.
10. Lessee shell Immediately nol;ty MacACJSIef Rental of any accident involving the equipment. MacAUster Rental may re a] sad machin¢ry fp the Losseo,using reasonable O�genco to make sold repairs upon
demand. In the event any wont is done outside of MaWlistoi Rental's regular hours.by reason of which M aWllster Renlol thall be required7o pay dovbto time or olher overtime charges to Its empioye¢s,a to
anyone Beingg the wvrk for Lessee,all such charges Mill be pard by Lessee to MaWlister Rental, In Ne overt of occident or tiroakago of Ony pan of the equipment,and u receiving wrlten approval from
MaWlister Renta1,Lessee may have the same repaired by any competent person.firm a corporation at Its o.n expense or,upon rxxl:O to MaWlister Rental as to such croakago or accident.
11. In the event Lessee accepts the machinery and equ!pmenl,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 MaWIlslc:Rental and tairribmto this contract as herein elsewhere provided,by paying an rental charges and other
charges he:cs provided for.
12. Lessee agrees to pay any and all charges for work or Inspection byy any labor union. MaWlister Rental may,at Its cptlori.refuse to do any repair work on No equipment In time o1 stile. �
or any cause bey�d is
a
covol.or an violation of any ndC affecting the equipment MaGUhster T2eP.WI rr ewes the right to remove the cqu:pmont from UC job at any Irmo when,In its Opinion,the equipment Is in danger because of strike.
war,civil CisobOChance,or any other condition which MaCAMster Rental determines may threaten the equipment.
13. Lessee agrees to comp y with and conform to all municipal,slate and federal lows relal'1mg!o the Opefagoh of sa!d 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 assessments,taxes or public charges wim!ch may be levied upon so'd equipment while In the possession of the Lessee.
14. Lessee agrees to pay MaWlister Rental for an less and damages occasioned by gee,theft,flood accident.oxpAslon,wiieck,and act of God or any other causes that may ocvur during Inc life ofthis rental,and
until such machinery hes been returned to the possession of Mac/Ulisler Rental and accepted by It. Iia the purpose of f-dinnqg the valuation of said property In order to determine the loss,Camago or Injury thereto,it
is agreed by NO parties narrate that the varve as herein before slated sha7 be o live and last value forming a bans for such adjustment. lYnen egvpmen!leased is deemed to be a total loss,no aq,ces to pay
MaW:lster Rental the manufacturer's suggested pica O1 the equipment. In making such adjusfinent I:is understood that no rentals theretofore pard a duo apply to the payment of such loss,and It Is further
understood that MarAlUsler Rental she!I solely make the dclerminattan of whether the equipment Is a total less.
15. Lessee funder agrees to had harmless and Inden•.nily MacAllister Rental from and against any and an less,damage.expense.claim and/or penally arising from any action on account of any injury to person or
property of any character wnatsoever Occasioned by me operation,hanClfng Or tranSDoaUOn of any of the CgvippmmCnl CUrIrt�ire rental period,Ond agrees to Indemnify P.!aCAIIISIer Rental from and agarat any and
all such Claims regardless 01 whether such loss was caused In par by the act•on!sslon or n¢g'Jgence of MaWlister Renlaf.
16. Lessee further agrees to Insure all equipment rented from MacAllister Rental with full Insurance coverage as required herein.Insuring the oqutpment against loss Or damage arising from any causo whatsoever.
Including but not dinned to earthquake.good Or mudslide.MacAMstar Rental"U provide Lessee at the commencement Of the term of this Lease.and whlCA shall be incorporated herein by reference.a separate
document entitled IEqu:p.:nent Rental Insurance Requlremenism detailing the necessary coverages and terms thereof.but%Nch terms shall at least contain,but not by way of timitation.provision for:t J MacAuister
Rental as•'loss Fayeo and'adVional Insured'os appgcaCle:2.)waiver of subrogaCon against MacAllister Rental and its Insurers on an ci31rns;3.)Lassen s Insurance than be primary and non controutory and.
4.)Providing sold Inswance to cover any and ag donega orising Irom any or e:1 gents.Lnciv-ding but not limiled to damage occasioned by fie.theft.good.explosion acddenl vandarsrm,e:octrocuuon, act of God.o
any other Carnal; trial may Oc.uf without limitation as Po cause during the life of L'mis rental. Lessee sho7 wiWn one(1)day from the receipt of the equipment provide to 0.1aCAriVcr Rental pr001 of Insurance relative
EO Ino equipment from a tamer and In amounts acco;tablo tO MaWlister Rental. The proof Of Insurance shag contain at least(1)a certificate of Insurance(2)naming 1.aWllsler Rental as additional Irsuied and
loss payee.(3)clearly describing coverage for the equipment.and(4)Cisclestng the name.address and phone number of the company providing the coverage.
17. The fine to the property here!n rented and to a: replacements thereof or substitution thereof Is.and shall remain,with P.I3W4sler Rental,and said machinery and equipment;hal not become a Dar o1 any
btadin by boing p acod[herein a by being annexed thereto. Wnero the equ!pment Is annexed to any properly Eno LCSSCO shall fumtsh MacACtster Rental with a landlord s release,which 039 permit WcA]Fp�stw
Rental to remove the equipment from said property at any time during the life Of of after exp 2Uon O1 this contract.
16. The Lessee agracs,whenevor requested by MaWlister Rental,to give MacAtl!sl¢r Rental the exact tocry oUon of a7 of the mach!neand equipment covered by this Contract and further agrees to give PdacAMsler
Rental immediate notice o1 any levy attempted upon said equipment,a if said equipment from any cause becomes Gable to seizure.and to indemnify MacAllister Rental ags!nsl all loss and damages caused by any
such action.MaWlister Rental shah have the pnWage at al times of entering any job building or location where the abovo properly is Deinri used for the purpose of inspection and reserves the pn Q e of reTov;ng
said machinery and c(Itipmenl w{thoul notice i it is being overloaded or laxed beyond Its capa:.ty or in any manner being abused of neg!ec.Cd. Lessee warrants that it has the express Dermisslon of all land awneis
gon whose land the Cquhpment Ls tied to so use the equiDmenl. Lessee further warrants that It will nol move the equ'.pmeJtt from one project to another without MtaWGster Rental's advance approval,which notice
movement shag be In writing.
19. This agreement cannot be assigned without the written consent of MaWlister Rental. The equipment hereby rented shell not be subuet without the.rllen consent of PAoWlister Rental.
20. Should any of the p:Ovisiors of M rental be violated by Lessee the rental for the entire period hore_n specified"it become forthwith due and payable and M cAnislef Rental,at its agents,may,wiLhout notice,
enter the premises occupied by Lessee without being a trespasser therem and take possession of and ro:movo ss:d CCvipment vnth or witnoul process of law. In the event of any action as herernbelofe set forth
becomes necessary the Lessee agrees to pay.in addition!o other charges herein specified,aU costs of removal of sit!machinery from the possession of the Lessee and an ftelght demurrage,steraSSo,labor or
other charge on or against said property incurred during the removal,shipping and return to the possession of MaWlister Rental a:Its home offrco or equivalent point designated by MaWCSIer Rental.
21. Lessee agrees to pay WCAC:slcr Rental an sums due hereunder when they become duo.
22. Lessee agrees that if any of these provisions are breached and MacAllister Rental demands the return of the equipment this rental agreement shall Constlute authchty to the watchmen or other persons
responsible for the equipmenl to deliver all or any par of the equipment to MacAllister Rental or Its agents.
23. to case any matter Is written or lyped Into this printed contract other than such as Is necessary to fill In blanks prov'ded herein,such matters shall be deemed an addition to the contract and Il Is specifically
understood and agreed mat such added matter is not In any manner whatsoever Intended to eller the mooning or Intent on of the printed clauses of the contract and In case of con!_ct and Inconsistency between the
printed portions and the written or typed additions,the printed portions shall control any written or typed clauso In conflict therewith and the lallef shall be treated as void.
24. Both MaWlister Rental and Lessee agree that no mod:fkaGors of tris agreement Shan be Nndzg upon MaWlister Rental unless such moC;gcotion.Cancellation,oddiUOn thereto or nolafion shah be In writing
duly signed by MaW:Ister Rental and duly approved by an officer of MaWlister Rental at the home office of MaWlister Rental.
25. This rental before becoming effective must be approved by an Offxer or other authorized representative of MacAllister Rental.
26. MaWister Rental may execute too and sign Lessee's name to o financing statement or fie d Chancing statement signed only by MaWlislef Rental covering equipment or goods Covered or to be delivered to
Lessee under this agreement for'rniprmaUon purposes'or otherwise and also covenng proceeds and future advances. This ogree menl cor Ulutes a reservation of DUe or Security Agreement with reference to such
transactions.
u.:.,."-.rel-ls.ubj.ctto cm.L''ons for frithmeirc errors In coeloutaUo n_
28. MaWlister Rental reserves the right to replace a rental unit with a like rental umt.
29. Losses agrees to maintain the rented equipment per factory recommended lubicat'on and ma!ntenance Interval's and keep scheduled oil sample records.M'acAr.is!ef Rental reserves the r`.ght to ask for
maintenance records for the rental period. Should said maintenance records not be ovaioblo and factory recommended service maWenance is required,MacAiiister Rental wit perform the appropriate service work
at the Lessee's expense.
30. MacAllister Reniars rental machines win be fug of fuel when may leave MaWlister Rental's premises. Lessee agrees.0 relvm sold rental equipment full of fuel or be charged with approprlole fuel Dackc Argo.
31. RAT ES. Rates aro based on one shift operation•8 hour/day,5 daynveek or 40 hourt eek.160 hour/4 week rent month. Unless hours quoted o:herMSe. used in excess o1'one'sn-ft(i.e.in excess of 8 tours
get day or hours 40 hours per week or 160 hos per month)will result in an additional shift rate being Charged,and hours used in excess o1 a Mro shift operation(i.e.greater than 16 hours/day.80 hourstweek or 320
ovrs/mon!h)shag resuil in yet an additional one shift rote being charged.
32. Ag9r¢gallon clause: The terms and conditions of W s!.!aster Renal Agreement shag cover all equipment.maah:neiy and appurtenances leased by Lessee from MacAfliver Rental Dorn prosenGy and in the
future. It is[he intent of MarAVister Rental and Lessee that this Master Rental Agreement sha7 be construed as,and shall be,the onty rental agreement between the parties.even trtough Lessee may hereafter
execute additional Master Rental Agreements.For Instance,if Lessee leases one plece of equ pmenl fro.•n MacAllister Rental under this agreement in January•then onomer in May.Doth pieces of equipment shall
be construed as having been leased under one agreement:this Master Rental Agreement.
33. Damage Waiver. Lessee speclficany acknowledges lhal the payment of a rife.theft,or vandalism damage waiver with respect to any equtpmcnl leased frog MacAC:ster Rental does not satisfy Lesseo's
obggotion to Insure the equi.pmenl not absolve Lessee of damage to the equipment caused by the ner"gencs or carelessness of Lessee. The damage waiver does not insure Lessee from damage to the equipment
caused by Losseo,its agents,or others acting under Lessee's control or operation of the equ.pnenl w-,Ih Lessee's active or constructive permission.
34. Junsdlction: The parties agree that any disputes arising hereunder shall be resolved In the courts of Motion County,Indiana.and Lessee specificany suD)ecls itself to the Jurisdiction thereof. Further,Lessee
oGiecs that In the event MaWlister Rental is requ-'Cd to employee an attorney for the purpose of enforcing the leans and conditions hereof,of with respect to the collection of any amount duo hereunder,h.tacAeister
Rental sha7 be entitled to recover Its attorneys fees,cost of collection,and all other reasonab!o expenses associated with such proc¢oding.
35. Accidents: Without demand Losses shall notify Lessor Immcoisiely(and in any avent,within twen:yJour(24)hours thereafter)of each accident involving any egWpment covered by this Pdoster Rental
Agreement. Lessee shall Include such Information as Is know n.IncluCtng,but not limited Io the time,dace.and nature of the accident or damage,mO names and aOdrCssCs of parties inv6:ved In me acCidCrtt(s).
Including but not limited to persons Injured,witnesses,and owners of properly damaged. Lessee shall promplladvise Lessor of an conOSDOndenco,papers.notices,or documents wfalsOOver,received by Lessee
in connection with any claim or demand Involving Or relating to any equipment a its operation and,together with Lessee's employees aid N the Investigation and defense of al such clams and demands•and in the
recovery of damages from third parties liable therefore.
36. Rental Protection Plan: Th.'s paragroDh is In lace Dnovlded Lessee a)accepts the*Rental Protection Plan'through the proper lion thereof on the front of this contract.and pays at the limo of equipment
rental or any extension ofsa!d oqulpment renlat.on additional sum equal 10 14 percent of the gross equipment rental charges,b)Lessee takes reasowble Gfecaufions to plelecl equipment and Coes no
lfo
inlennally damage said equipment;c Lessee Cees not cause any loss a damage by neV9ence,1AC]"Ing but not limited to negligent use or operation of me eq�piner.l In a reckless a abusive manner.
Notwithstanding the purchase of a Rental Protection Plan.Lessee shall nonetheless remain Fable for a)25 percent of the manufacturer's list price not to exceed 525.000 for stolen equipment and D)50 percent o1 the
cost of repairs of any damaged equipment. No:hinnq,herein to the contrary.the Blowing Asks are expressly assumed by Lessee as its exclusive responsibility: a Damages caused by use or operation of the
04 1pment In a manner Inconsistent with the manufacturers instructions,a contrary to this contract;D)Loss or damage o1 accessory Cga!pmenl such as welCing�eads,Plet:nc cads,bits.Dofteres,hoses.fires,
Iubbos Of harnesses.etc.:c)Loss duo to opors0on of the equipment by a person other than an oulhorizod operator per the contract or any oshonesl act by Lessee or by poisons)entrusted by Lessee with the
equipment.Including Lessee's employees.subcontractors a agents;d)Loss of damage due to good,storm,earthquake a other external causes;o)Loss or damage duo to exc¢cdna rated capacity.misuse abuse
negligence,or In err senri:ing of equ'.pment-1)Seizure or destruction of equipment by order o1 govemmontol avinority;g)All loss or damage caused by vands'ism,mo!krous mdscf"of,disappearance,melt or
wrongful convorsio+n of oqulpment net ropone!by Lessee promptly(within 24 hours)to the perico ond Lessor Dy filing a/ormal written!holt,vandalism or conversion report:h)All loss or damage to equipment
resulting from nuclear reacton at(SClallon or radioactive contominailen from any Other cause;1)Loss or damage as a resua of the striking of overhead objects with equ:pmenl:j)Loss or dOmago IO equ:Drmcnt
occurring during[tic toaQrnfl un'oadrng or IransponouOn by Lessee:k)Loss duo to the equipment being upset a rol.ng aver:m)Loss or striking
to equipment Cue to lne exposure and confanunation from hazardous
material. Thus rental protcc.lon plan will no be effective unless M the lime of such lass or damare the LOSSCO's account with Lessor Is Current,to any event,accrued rental charges cannot be applied apairtst the
pvrchaso.or the coal of repair of damaged,stolen or lost equipment In tike event of any loss,damage of destruction to equipment.Lessor will be subrogaied to any rights of Lessee to recover against any person.
rum a Corporation. Lessee will execute and dolivor to Lessor wholover Instruments and papers aro re(r!red,and take sa other necessary steps to secure In Lessor such rights.Lessee wJl cooperate fully with
Lessor and/or Its Insurers)In the piosocutlon of those rights and wM neither lake not permit not suffor any action to prejudice Loser's or its Insurer's rights with respect thwo!o. The rental protection don is not
insurance and does not protect Lessee from its negligence,nor from eabilily to others arising out of possession,use or operation Of equipment.
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, numb&r of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Date Invoice# Description Amount
Dept. Fund# (or note attached invoice(s) or bill(s))
03/23/16 I R64169843201 I I $536.00
2201 201
I hereby certify that the attached invoice(s), or bill(s), is (are),true and correct and I have audited same in accordance
with IC 5-11-10-1.6
, 20
Clerk-Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
MACALLISTER MACHINERY CO INC
DEPT 78731 IN SUM OF$
PO BOX 78000
DETROIT, MI 48278-0731
$536.00
ON ACCOUNT OF APPROPRIATION FOR
Street Department
PO#/Dept. INVOICE NO. I ACCT#/Fund AMOUNT Board Member;
R64169843201 I 43-530.99 I $536.00 I hereby certify that the attached invoice(s), or
2201 201
bill(s) is (are)true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
Tu day, a h 2 16
_ o
i
street Commissioner
Cost distribution ledger classification if
claim paid motor vehicle highway fund