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HomeMy WebLinkAbout259092 05/31/16 CITY OF CARMEL, INDIANA VENDOR: 368010 1. CHECK AMOUNT: $*******531.00* ONE CIVIC SQUARE MACALLISTER RENTAL, LLC CARMEL, INDIANA 46032 DEPT 78731 CHECK NUMBER: 259092 PO BOX 78000 CHECK DATE: 05/31/16 DETROIT MI 48278-0731 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 203 R4350900 33410 R64170300801 531.00 OTHER CONTR SERVICES VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) ALLOWED 20 ACCOUNTS PAYABLE VOUCHER -CITY:OF CARMEL i t��5 'i s r)0+ +t-+e - - GENERAL FUND ►'0.y ee, �, s s 0. IN SUM OF$ CITY OF CARMEL ZOts P.0, o� enc. An invoice or bill to be properly itemized must show:kind of service,where performed,dates service GENERAL FUND rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. $7,950.93 Payee ON ACCOUNT OF APPROPRIATION FOR Purchase Order# Engineering Terms Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT 33410 R64170300801 43-509.00 $531.00 1 hereby certify that the attached invoice(s),or 3/29/16 R64170300801 MacAllister Rentals,-Dept.78731 P.O.Box $531.00 2200 Encumbered 203 2200 203 78000 bill(s)is(are)true and correct and that the J Detfoit,Ml 48278-0731 33410 0 43-509.00 $7,419.93 5/12/16 �0 Morphey Construction 1499'N:'Sherman $7,419.93 2200 Encumbered 203 materials or services itemized thereon for 2200 1 2034_ Avenue_Indianapolis,IN 46201 which charge is made were ordered and —Cones e o---e th,e_ 2 0.y ees. received except Tuesday, May 17,2016 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 Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer 13450 BRITTON PARK ROAD MacAllister © FISHERS, 8- 70038 317-598-9700 Rental S i 0 fl E� MacAllister Rentals Contract.No Invoke No Dade Please Remit Your Payment to: 1703008 R64170300801 129MAR2016 MacAllister Rentals Dept. 78731 P.O. Box 78000 Page 1 Detroit, MI 48278-0731 RENTAL RETURN INVOICE 3:50 PM •- - .- - 1174600 28MAR2016 12:00 PM 28MAR2016 3:37 PM CITY OF CARMEL/STREET STREET DEPT • 3400 W 131ST ST 1 OLD HOUSE7 4611 ENGINEERING CARMEL, IN 46074 • •- -• Phone: 317-733-2001 4611 E 116TH ST. CARMEL STEVE ZELLAR Fax: 317-733-2005 WYNJIMA 00089 Qty Equipment # Min Day Week 4 Week Amount 1 X66' STRAIGHT BOOM WiJIB: 350 G0; a!00 00 1=850 y 3'50 130 1556632 Make; JLG Model: 660SJ4XD8 Ser.#::0300181190 !iR 0UT1 1083,30::.HR IN1 1085.90 TOTAL: SALES ITEMS: Qty Item number Unit Price 1 ENVIRONMENTAL FEE EA 11 0Q; 11 U0 : : ENVIRONMENTAL FLE DELIVERY CHARGE 85. 00 PICKUP CHARGE 85.00 L os— 24-350`1 0 Po 33.:410 !:.. . _.. .._ ._ .. .._..__.._.. . ..... _._ ..._ ......._ ....._..... . - . Sub-total 531.00 FINAL BILL: 3/28/16 12:00 PM THRU 3/28/16 03:37 PM. Exempt Total 531.00 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 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 (21J-201R1 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 end subject to the 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 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 spec(is 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 eGulpment Is listed 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 lest 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 falls to be present at the time of operation and test,Lessee agrees that said equipment as turned culls in proper operating condition. 4. The Lessee agrees to maintain the machinery and equipment in the same condition as when delivered to it b 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 Dental and to pay fre( ht demursye,storage,switching,drayage,trackage,or other charges against said equipment from the lime 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 acknowledges that repair and replacement of tires are not Included in the rental rale and agrees to pay for the repair or replacement(with an allowance for reasonable depreciation)of any tires 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 removes of rubber in places)or damage to ces Ings is not reasonable weer 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 carrier a written acknowledgement of the damage or shortsge. 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 end 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 al the expense of Lessee. If the machinery,equipment,parts or appurtenances are damaged or lost(n transportation and the Lessee furnishes to MecAilister Rental a written detailed acknowledgement end 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 0f 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 an doing the work for Lessee,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,firm 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 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 Rental 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 chargges 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 any time when,In its opinion,the equipment Is in danger because of strike, war,civil disobedience,or any other conait:en 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 machinery has been returned to the possession of MacAllister Rental 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 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 a rees 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 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 equlpment tlurin the rental period,and agrees to Indemnify MacAllister Rental from and against any and all such claims regardless of whether such loss was caused In par(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 by way of limitation,provision for.1.)MacAllister Rental as a'lass payee and'additional insured'as applicable;2.)waiver of subrogation agalnst 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,damage arising from any or ell perils,inc uding but not limited to damage occasioned by fre,theft,flood,explosion accident vandalism,electrocution, act of God,or anyy 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 carrier 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 become 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 byy this contract and further agrees to give MacAllister Rental immediate notice of any levy attempted uppon 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 Rental 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 privilege of removing said machinery and equipment without notice It 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 ass! nod 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 beim a trespasser thereon,and take possession of and remove said equipment with or without process of law. In the event of any action as herelnbefore 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 Rental at Its home office or equivalent point designated by MacAllister Rental. 21. Lessee agrees to pay 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 watchmen or other persons responsible for the equipment to deliver all or any part of the equipment to MacAllister Rental 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 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 aggreement shall be bindin 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 MacAlli;at Rental at the home ogMice 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 signed only by MacAllister Rental covering equipment or goods delivered or to be delivered to Lessee under this agreement for'inrormation purposes"or otherwise and also covering proceeds and future advances. This agreement constitutes a reservation of title or Security Agreement with reference to such transections. 27. This agreement and acceptance of this agreement Is subject to corrections for arithmetic errors In computation. 28. MacAllister Rental reserves the right to replace a rental unit with a like rental unit. 29. Lessee agrees to maintain the rented equipmentper 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'sremises. 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 houMveek,ip60 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 resultln 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 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.7t 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 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 afire,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 Marion County,Indiana,and Lessee specifically subjects Itself to'lhe 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 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 propper 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 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 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 persons)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;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 miscFtief,disappearance,lhe�l or wron ful 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 radiation or radioactive contamination from any other cause;l)Loss or damage as,a result of the striking of overhead objects with elulpment;J)Loss or damage to equipment occurring during the loadingg,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 proleclion plan will not be effective unless at 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 any loss,damage or destruction to equipment,Lessor will be subrogated to any rights of Lessee to recover against any person, fire or cc oration. 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 lake nor permit nor suffer any action to prejudice Lessor's or Its Insurer's rights with respect thereto. The rental protection plan is not Inqurannp and rinpq tint nrntact I aggap from itq nnnlinanrp nnr from ilahiiity to nthp.m ariginn nut of na,-A-inn imn nr nnpratinn of anninmpnt