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HomeMy WebLinkAboutCustom Truck & Equipment, LLC/STREET/$167,541/Forestry TruckCzBmmjtpoMzodi.NdHsbuibu2;26qn-Efd22-3135 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE Custom Truck & Equipment, LLC Street Department - 2024 Appropriation #1206 0 44-650.01 Capital Lease Fund, 2201 2201 44-650.01 Motor Vehicle Highway Fund P.O. #s 112744, 112745 Contract Not To Exceed $167,541.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 2 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE Custom Truck & Equipment, LLC Street Department - 2024 Appropriation #1206 0 44-650.01 Capital Lease Fund, 2201 2201 44-650.01 Motor Vehicle Highway Fund P.O. #s 112744, 112745 Contract Not To Exceed $167,541.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive 3 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE Custom Truck & Equipment, LLC Street Department - 2024 Appropriation #1206 0 44-650.01 Capital Lease Fund, 2201 2201 44-650.01 Motor Vehicle Highway Fund P.O. #s 112744, 112745 Contract Not To Exceed $167,541.00 their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Street Department Office of Corporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Custom Truck & Equipment, LLC PO Box 773385 Chicago, Illinois 60677-3385 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 4 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE Custom Truck & Equipment, LLC Street Department - 2024 Appropriation #1206 0 44-650.01 Capital Lease Fund, 2201 2201 44-650.01 Motor Vehicle Highway Fund P.O. #s 112744, 112745 Contract Not To Exceed $167,541.00 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through the satisfactory completion of services and/or delivery and acceptance of goods contracted for herein. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 5 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE 12/18/2024 12/18/2024 12/18/2024 12/18/2024 CUSTOMTRUCK&EQUIPMENTRETAILBUYERSORDER CITYOFCARMEL,IN JASONARMESCustomTruck&Equipment Phone:(317)499-44077701E24Highway Email:jarmes@carmel.in.govKansasCity,MO64125 Phone:(816)241-4888 Salesperson:BeauMasters Date:October1,2024Fax:(816)241-8826 QuoteNumber:Q-43616www.customtruck.com TITLEINFORMATION NameasitShouldAppearonTitle:CITYOFCARMEL,IN AddressasitShouldAppearonTitle:1CivicSquare,Carmel,IN46032 BILLINGINFORMATION Bill-ToName:CITYOFCARMEL,IN AddressasitShouldAppearonInvoice:1CivicSquare,Carmel,IN46032 SALESORDER UNIT(S)DESCRIPTIONLINEPRICETOTALPRICE SOURCEWELLQUOTE**FORDF5504X4TEREXUTLT40F40'FORESTRYBUCKETTRUCK$167,541.00$167,541.00 QL-0095992 Item#:100_01088 CustomerPickupatBranch AdditionalNotes:CityofCarmelAccount#2142 TerexSourcewellContract#110421-TER ADMINISTRATIVEFEE:$ 0.00 TOTAL:$167,541.00 INP+ ))UWM+P""JP7#!6+e "7JU"GJ" P+#!b )GJ"fU#N#!"++bbU+"J\\$UP"U#" J! !=#"+N #$JN;J.SJ!+!"IN P+)<Y!P$Ub !6=#!Uc#P"UN+Ng)FUNP7#Nges. DEPOSITWITHORDER:$ 0.00 AMOUNTDUEPRIORTOPICKUPORDELIVERY:$167,541.00 THISISNOTANINVOICE.Paymentshouldnotbemadefromthisdocument.FreightandtaxesquotedinthisRetailBuyersOrder,includingFederalExciseTax,salestax andothertaxes,areapproximateandforestimationpurposesonly. Actualfreightandtaxesmayvaryandwillbereflectedonafinalinvoice. AnyPurchaseOrderlistedisforcustomerreferencepurposesonly,termsandconditionsofsalearedictatedbythisRetailBuyersOrder. hh(G V=YGYFZH ZYi2\\22YFG>Z G>\\\\Y;Y 22 GVYFG>ZH2XjYH2VT\[ ACCEPTEDDEALER(NAME) LAWBUTMAYBECHARGEDBYADEALER.THISADMINISTRATIVEFEEMAY RESULTINAPROFITTODEALER.NOPORTIONOFTHISADMINISTRATIVEFEEIS FORTHEDRAFTING,PREPARATION,ORCOMPLETIONOFDOCUMENTSORTHE SIGNATUREIH>iYVYGf>\\\]2f ViY;2QZ5YFG>ZY;2YFH2XjYH2VT\[\]eQ, INITIALS Iwouldlikemoreinformationonthefollowingabouttheabovepurchasedunits: FLEXIBLEFINANCINGANDLEASEOPTIONS: EXTENDEDWARRANTYOPTIONS: IjH;5 F2HgF;2HZY\\Y;ZY>G 1.Iherebycertifythatthisorderincludesallofthetermsandconditionsonboththefaceandreversesidehereof.Thatthisordercancelsandsupersedesanyprioragreementandasofthedate hereofcomprisesthecompleteandexclusivestatementofthetermsoftheagreementrelatingtothesubjectmatterscoveredhereby,andthatTHISORDERSHALLNOTBECOMEBINDINGUNTIL ACCEPTEDBYDEALERORHISAUTHORIZEDREPRESENTATIVE;AND 2.Ihavereviewedthisorderandfullyunderstandthatmynewunitwillbeequippedonlywiththeoptionalequipmentspecificallylistedonthefaceofthisorderplusallstandardequipmentas designatedbythemanufacturerattimeofdelivery;AND TRANSITDAMAGE 3.Purchaseracknowledgesthattheremayhavebeencertaintransitand/orstoragedamagetothevehiclesoldbythesellerherein,andPurchaserherebyreleasestheSellerforanyandallclaims Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE DPOUJOVBUJPO!PG!UFSNT!BOE!DPOEJUJPOT!DPOTUJUVUJOH!B!QBSU!PG!QVSDIBTF!PSEFS arising out of such transit and/or storage damage. 4. THIS IS A CASH SALE @Q&G>ZY;2-&Y\\&\[>j&H2&Tj\[YGf&jF2V&i25Y;\]2<&F22&Z52&H2i2HF2&FYV2&jGV2H&(IH>iYFY>GF&II\]Y;T\]2&>G&F 2&>\\&jF2V&i25Y;\]2,&T2;jSE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE ARE DISCLAIMED AND CERTAIN STATEMENTS ARE MADE CONCERNING THE ODOMETER READING 6. Icertify that Iam 18 years of age, or older; and that Ihave read the printed matter on the front and back hereof and agree to it as apart of this order the same as ifit were printed above my signature. I/we authorize you to check my/our credit and employment history and to provide and/or obtain information about credit experience with me/us Z?9%@&<@&@9%B?@D?@I%B?&<@%1<:Y?9?:@%OZ?Z%;C%B+%+@3:<D%BC%&Z+%1 97` Ihereby agree to purchase from you under the terms and conditions specified: Purchaser(s) SignatureandDate X 7. IfPurchaser intends to obtain acertificate oftitle for this vehicle in astate where selling dealer islicensed to sell this vehicle (or is not required to belicensed to sell this vehicle), Purchaser will accept delivery of this vehicle ataselling dealer location in that state, or such other location as selling dealer and Purchaser may agree. If Purchaser intends to obtain acertificate of title for this vehicle in a state where selling dealer is not licensed to sell this vehicle (and would have otherwise been required to be licensed to sell this vehicle), unless selling dealer and Purchaser otherwise agree, selling dealer will coordinate the shipment of this vehicle to purchaser from Kansas City, Missouri. In such case, Purchaser hereby authorizes selling dealer, on behalf of Purchaser, to enter into a shipping contract with a third-party common carrier for the shipment of this vehicle to Purchaser's physical address set forth on the first page of this Retail Buyers Order, or such other location as selling dealer and Purchaser may agree. Purchaser agrees that delivery of this vehicle, including the transfer of title and risk of loss to purchaser,will occur at 7+&" .+&"7#"&"7 )&R+7P$+& )&$J#b+b&J!"J&"7+&PJ..J!&P#NN +Ngs transport (i.e., FOB shipping point). The carrier will insure this vehicle while in transit, and the Purchaser will be the beneficiary of any claims for damage to this vehicle or losses occurring while this vehicle is inthe possession ofthe common carrier. The shipping cost, if required, will either be included on this Retail Buyers Order as a separate line item, will be included in the purchase prP+&Jc&"7+&R+7P$+&JN&)+S#N#"+$9& !RJ P+b&S+N&IUNP7#)+Ng)& !)tructions. The sale of this vehicle from selling dealer to Purchaser will be deemed to have occurred in Kansas City, Missouri. 8. ARBITRATION MANDATORY ARBITRATION OF DISPUTES; ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE CUSTOMER AND THE COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL OR EQUITABLE THEORY) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FOLLOWING TERMS. a. The Federal Arbitration Act, not state law, shall govern the arbitration process and the question of whether aclaim issubject to arbitration. The customer, however, retains the right to take any claim, controversy or dispute that qualifies to small claims court rather than arbitration. b. A single arbiter engaged in the practice of law will conduct the arbitration. The arbitrator will be selected according to the rules of the American Arbitration Association or, alternatively;may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration shall be conducted by, and under the then-applicable rules of the American Arbitration Association. Any required hearing fees and costs shall be paid by the parties as required by the applicable rules, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate. PQ&Z7+&#NW "N#"JNg)&b+P ) J!&#!b&#8#Nb&8 $$&W+&c !#$&#!b&W !b !6<&and judgment onthe award rendered bythe arbitrator may be entered in any court with jurisdiction. NOTICE: LANGUAGE INSECTION 3, SECTION 6, AND SECTION 7BELOW DISCLAIMING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE ON VEHICLE WHICH IS SUBJECT OF THIS ORDER DOES NOT APPLY WHEN A SERVICE CONTRACT IS SOLD WITHIN 90 DAYS :3%&Z+%Y+Z?A+d9%DATE OF SALE IN WHICH THE DEALER IS LEGALLY LIABLE UNDER THE SERVICE CONTRACT. Provisions Applicable On Sale Of New Vehicle 1. PRICE REVISION: In the event the price to dealer of the series and body type ordered by purchaser is changed by the manufacturer prior to delivery to purchaser of the vehicle ordered by purchaser, dealer has the right to accordingly change the cash delivered price to purchaser, provided that if purchaser does not agree with such price change, purchaser may cancel this Purchase Order, in which event if a used vehicle has been traded in as a part of the consideration for the vehicle purchased by purchaser such traded-in vehicle shall be returned to purchaser upon payment of a reasonable charge for storage and repairs (ifany), or , if such traded-in vehicle has been previously sold by dealer the amount received therefore less a selling commission of 15% and any expenses (for storing, insuring, conditioning or advertising such vehicle for sale) shall be returned to purchaser. 2. It is understood that there isnot relationship of principal and agent between the dealer and the manufacturer and that the dealer is not authorized to act or attempt to act, or represent himself, directly or by implication, as agent of the manufacturer, or in any manner assume to create, or attempt to assume to create, any obligation on behalf of or in the name of the manufacturer. 3. The only warranties applying to this vehicle are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose and neither assumes not authorizes any other person to assume for it any liability in connection with the sale of the vehicle. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits or income,or any other incidental damages. Z7+&.#!Uc#P"UN+Ng)&SN !"+b&8#NN#!"9&Jcc+N+b&J!&"7+&)#$+&Jc&!+8&vehicles will be furnished to the purchaser upon delivery of the&R+7 P$+Q&;JS +)&Jc&.#!Uc#P"UN+Ng)&8#NN#!" +)&#N+&#R# $#W$+&cJN& study 4. IMPORTANT: If your new passenger car or light truck purchased on or after January 1, 1958 is defective and cannot be made to conform to its applicable express warranty coverage after four repair attempts, or it is out of service for more than 30 calendar days during the period of one year or the term of if its applicable express warranty, whichever is earlier, you may be entitled under state law to replacement or to a refund. You must first notify the manufacturer of the problem in writing and provide the manufacturer an opportunity to repair the vehicle. Provisions Applicable On Sale Of AUsed Vehicle 5. THE INFORMATION YOU SEE ON THE WINDOW FORM (BUYERS GUIDE) FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVER- RIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. W7%O?&Z:8&%O<?&&+@%D+A+<d9%O @&C Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE DPOUJOVBUJPO!PG!UFSNT!BOE!DPOEJUJPOT!DPOTUJUVUJOH!B!QBSU!PG!QVSDIBTF!PSEFS A. The vehicle described on the reverse of this page isbeing )J$b&"J&9JU&(F&YF,&#!b&(eYZ5&j\]ZF<,&#!b&Z52&F2\]\]YGf&V2 2HHEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of this vehicle. Further, the undersigned acknowledges that he is not relying on any representations in purchasing this vehicle that may have been made by dealer or its agents oremployees concerning the condition of the vehicle which are not stated herein. Purchaser shall not be entitled to recovery from the selling dealer for any con- sequential damages, incidental damages, property damage, or damages for loss of use, loss of time, loss of profits, for inconvenience or loss of income. If selling dealer issues awritten express 8#NN#!"9&JN&"7+N+&N+.# !)&#&S#N"&Jc&"7+&.#!Uc#P"UN+Ng)&8#NN#!"9&87ich has not expired according to its terms, this provision does not apply. B. The selling dealer received this vehicle, with approximately the mileage shown on the odometer (less miles driven for testing and demonstration). However, selling dealer makes no warranty or representation as to the accuracy of said odometer reading, either express or implied, except that said odometer reading has not been altered by selling dealer, and that dealer has no a!J8$+b6+&"7#"& "&8#)&#$"+N+b&JN&b )PJ!!+P"+b&SN JN&"J&"7+&" .+&"7 )&R+7 P$+&P#.+& !"J&"7+&b+#$+Ng)&SJ))+)) J!Q&Y!&PJ!) b+N#" Jn of the purchase price stated on the reverse side of this page, purchaser hereby releases and forever discharges dealer, its officers, directors, employees, agents, successors, and assigns, from any and all claims, causes of action, liability and damages, which may result or develop from the accuracy of the odometer reading, and in the event that a claim is asserted against dealer by a subsequent purchaser of this vehicle based upon the accuracy of the odometer reading, purchaser agrees to indemnity and hold harmless the dealer there from. Purchaser understands that dealer has no control over what may have been done to the odometer by previous owners and that dealer has no way toascertain the correctness of the odometer reading. Purchaser acknowledges that he has read understands and accepts all of the provisions of this disclaimer of warranty and release as set forth in paragraph 6 X7%O?&Z%D+A+<d9%O<?&&+@%O @&C A. The only warranties applying to the sale of this vehicle are those extended by the manufacturer in an unexpired manufacturerg)&8#NN#!"9<& c&#!9&)J&+d )")<&#!boJN&#!&+dSN+))&8N ""+!&$b& warranty extended by selling dealer and delivered to purchaser at the time of delivery ofthis vehicle. The provisions and terms of such express written limited warranty are those set out in such instrument and SELLING DEALER HEREBY LIMITS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE, TO THE SAME DURATION OF TIME AS THE EXPRESS WRITTEN LIMITED WARRANTY PROVIDED BY SELLER. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Further, selling dealer neither assumes not authorizes any person to assume for it any liability other than that expressed in such instrument. The under-signed acknowledges that he is not relying on any representations herei!Q&IUNP7#)+Ng)&b#.#6+)&cJN&"7+&PJ!b " J!&Jc&"7 )&R+7 P$+&#N+&$ mited and restricted to those which are recoverable by purchaser there under, including consequential or incidental damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation may not apply to 9JUQ&Yc&"7+&R+7P$+& )&)J$b&(#)& ),&#!b&(8 "7&#$$&c#U$")<,&"7 )&SNJR ) J!&(bJ+)&!J"&#SS$9Q B. The selling dealer received this vehicle, with approximately the mileage shown on the odometer (less miles driven for testing and demonstration). However, selling dealer makes no warranty or representation as to the accuracy of said odometer reading, either express or implied, except that said odometer reading has not been altered by selling dealer, and that dealer has no knowledge that it has altered or disconnected prior to the ti.+&"7 )&R+7 P$+&P#.+& !"J&b+#$+Ng)&SJ))+)) J!Q&Y!&PJ!) b+N#" J!&Jc the purchase price stated on the reverse side of this page, purchaser hereby releases and forever discharges dealer, its officers, directors, employees, agents, successors and assignees, from any and all claims, causes of action, liability and damages, which may result or develop from the accuracy of the odometer reading, and in the event that a claim is asserted against dealer by a subsequent purchaser of this vehicle based upon the accuracy of the odometer reading, purchaser agrees to indemnify and hold harmless dealer there from. Purchaser understands that dealer has no control over what may have been done to the odometer by previous owners, and that dealer has no way to ascertain the correctness of the odometer reading. Purchaser acknowledges that he has read, understands and accepts all of the provisions of this disclaimer of warranty and release as set forth in paragraph Other Provisions 8. NOTIFY SELLER WITHIN 20 DAYS: Purchaser shall give notice to seller of any breach of contract of express or implied warranty applicable to the goods within twenty (20) days of the time he discovers or should have discovered said breach or the purchaser shall be barred from any remedy for the breach. Purchaser shall thereafter return the goods to seller, or anyone designated by seller. Within twenty (20) days after the notice of breach to allow the seller the opportunity to cure the breach or the purchaser shall be barred from any remedy for the breach. 9. REAPPRAISAL OF TRADED-IN VEHICLE: If a vehicle has been traded in as a part of the consideration for the vehicle ordered by purchaser hereunder and such vehicle is not delivered to dealer until delivery to purchaser of the vehicle purchased by purchaser, such traded-in vehicle shall be reappraised at that time and such reappraisal value shall determine the allowance made for such vehicle. If such reappraised value is lower than the original allowance therefore shown on the face of this Purchase Order, purchaser may, if dissatisfied therewith, cancel this Purchase Order, provided, however, that such right to cancel is exercised prior to delivery of vehicle ordered hereunder to the purchaser and surrender of the traded-in vehicle to dealer. VQ7%18<Z 9+<d9%O @&C%:3%&?&A+%@D%1<:;1&%D+A?Y+<%:3%&?&A+H%Purchaser warrants that the traded-in vehicle is his property free and clear of all liens and encumbrances except as otherwise noted on the title. Purchaser understands that the delivery and assignment of the certificate of title to any traded-in vehicle is an integral part of the entire sale transaction expressed 7 )&N+"# $&WU9+Ng)&JNb+NQ&Yc&SUNP7#)+N&bJ+)&!J"&) .U$"#!+JU)$9&assign and deliver the certificate of title at the time of trade-in or fails to do so within fifteen days of the trade-in,seller may: (1) cancel the sale/purchase order and exercise any and all remedies under law including repossession; or (2) treat the sale in every respect as if no trade-in took place and revise the purchase price cJN&"7+&JNb+N+b&R+7 P$+&#PPJNb !6$9Q&Y!&)UP7&P#)+)<&SUNP7#)+Ngs trade-in will be returned upon payment of a reasonable charge for storage and repairs, if any. 11. FAILURE OR REFUSAL TO ACCEPT DELIVERY: j!$+))&"7 )&IUNP7#)+&>Nb+N&)7#$$&7#R+&W++!&P#!P+$$+b&W9&SUNP7#)+N&U!b+N&#!b& !&#PPJNb#!P+&8 "7&"7+&SNJR ) J!&Jc&S#N#6N#S7)&(%,&JN&(L,&#WJR+<& dealer shall have the right upon failure or refusal of purchaser to accept delivery of the vehicle ordered and to comply with the terms of this Purchase Order, to retain as liquidated damages any cash deposit made by the purchaser, and in the event a vehicle has been traded-in as a part of the consideration for the vehicle ordered by purchaser hereunder to sell such traded-in vehicle and N+ .WUN)+&7 .)+$c&8 "7&"7+&SNJP++b)&Jc&)UP7&)#$+&cJN&"7+&+dS+!)+)&)S+Pc +b& !&S#N#6N#S7&(%,&#WJR+&#!b&cJN&)UP7&J"7+N&+dS+!)+)&and losses as dealer may incur or suffer as a result of such failure or refusal by purchaser. 12. FAILURE OR DELAY OF DELIVERY: Dealer shall not be liable for failure to deliver or delay in delivery of the vehicle, accessories, or other parts thereof covered by the Purchase Order where such failure or delay is due, in whole or in part, to any cause other than the negligence of the dealer. Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE qbhf!2!pg!21 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE qbhf!3!pg!21 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE qbhf!4!pg!21 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE qbhf!5!pg!21 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE qbhf!6!pg!21 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE qbhf!7!pg!21 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE qbhf!8!pg!21 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE qbhf!9!pg!21 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE qbhf!:!pg!21 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE qbhf!21!pg!21 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE 10/7/2024 CTOS RENTALS LLC CHICAGO, IL 60677--3385 112744 PO BOX 773385 City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Lease = 0 Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 378045 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 92072 1206Department:0Fund:Capital Lease Fund 44-650.01Account: ForestryTruck1 $101,567.00 $101,567.00Each 101,567.00SubTotal 101,567.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 112744 ORDERED BY TITLE Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham Zac Jackson 317) 733-2001 Commissioner CFO Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE 10/9/2024 CTOS RENTALS LLC CHICAGO, IL 60677--3385 112745 PO BOX 773385 City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131ST Street Carmel, IN 46074- 317) 733-2001 378045 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 92135 2201Department:2201Fund:Motor Vehicle Highway FND 44-650.01Account: ForestryTruck1 $65,974.00 $65,974.00Each 65,974.00SubTotal 65,974.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 112745 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner Docusign Envelope ID: 9276DBCF-8D4E-4A99-A43B-B8FE7E0471CE