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HomeMy WebLinkAbout173848 06/24/2009 CITY OF CARM €L, INDIANA VENDOR: 358209 Page 1 of 1 ONE CIVIC SQUARE GRIDLOCK TRAFFIC SYSTEMS INC CARMEL, INDIANA 46032 6400 MASSACHUSETTS AVE CHECK AMOUNT: $4,618.41 INDIANAPOLIS IN 46226 CHECK NUMBER: 173848 CHECK DATE: 6/24/2009 DEPA ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 n� R4350300 18722 15800 4,618.41 THERMOPLASTIC PAINT r I 6 f i622�6 M k 8(?t 68t119�or �$53'S�t2`e��'E� y 31/200 5� 9 15800 VI E E 4 k �a r E r 3 ca 3r E S 1� 18722 Net 30 43 -503 91W IV 7p 1 LUMPSUNI WORK PERFORMED, PLEASE SEE SP:READSI-IEET 4,613.41 4,618.4t TICKET #19080 Indiana Sales Tax 7.00% 0.00 bales Tax Exempt Cert. on File A" y $4,618.41 i 2008 -2009 rick@gridlocktra_ffic.com Phone: 317-541-2727 Fax: 317 546 -3311 2008 Thermoplastics /Paint Program City of Carmel Purchase Order #18722 Ma m `m Ticket Current Current 9 Unit of 19080 Month month To date Description Bid Quantity Measure Unit Price 517109 Qtys amount quantity To date amount 4" Double yellow solid 67717.00 LF 0.18 0 60351 10,863.18 c 4'_Solid yellow and 4" skip yellow 13855.00 LF 0.12 01-$ 50531 606.36 4" Ski 1 3356. 00 LF 0:06 0 i 3200 182:00 a Bike path straight arrow 27.00 each 25.00 0 71 1,775.00 B ike path Symbol 27.00 each 25.00 0 71 1,775.00 4" Double yellow solid 50468.00 LF 0.60 0 49004 29,402.40 4" White Solid 127107.00 LF 0.33 0 108441 35,785.53 I 4" Solid yellow and 4" skip yellow 11432.00 LF 0.49 0 20521 10,055.29 4" Skip Whi 950 1.00 LF 0.10 0 6344 634.40 4" Skip Yellow 3651.00 LF 0.10 0 1660 166.00 24" Stop Ba 1103.00 LF 3.79 79 79 299.41 1130 4,282.70 Straight Arrows 44.00 each 54.00 0! 1 54.00 Turn A rrows 73.00 each 61.00 27 27 1,647.00 121 7,381.00 "ONLYS" 69.00 each 72.00 27 27 1,944.00 104 7,488.00 12" White Crosswalk 92.00 LF 2.50 0 0 6_" White Cro 3267.00 LF 1.00 113 113 113.00 2735 2,735.00 4" White Cross Hatch 566.00 LF 0.90 0 0 o- 12" Yellow Cross Hatch 164.00 LF 2.50 0 0 E 8" Yellow Cross hatch 318.0 LF 1.50 0 1086 1,629.00 Bike Path Symbols 27.00 each 10.00 0 5 0 Bike Path Straight Arrows 27.00 each 10.00 0 0 Parking (T) 400.00 LF 1.50 0 400 600.00 8" White Cross Walk 64.00 LF 1.32 0 0' Combination Arrows 1.00 each 250.00 0 4 1,000.00 EWA Pavement Message Marking, Thermo, PIED X- ing Symbol with 2 bars (2'X10 1.00 6 1 1_ 61 5.00 1 615.00 EWA Snowplowable Raised Pavement Markers, White 4.00 each 208. 0 0 EWA- Pavement Message Markings, Thermo, Sharks Teeth 10.00 each 22.25 0 0, EWA Transverse Markings, Thermo, Piano Key T Crosswalk, 24 inch 50.00 LF 8.75 0 0 P.E. Dave Huffman, Street Commissioner 733 -2001 dhuffmanncarmel.in.gov Total 4,618.41 117,039.86 Invoice 15800 Amount Paid 1 12 1 421.4 5 Amount Due 4,618.41 .^i' 'iii A' r.i w •..r� T T T. r y c.'T.., s •t t, �`t.n.:f,;:• "rar. s r r r.: -e y I MEMBER s B t o L'I� SAFER FIRE: SAYE LIVES formerly Flasher'Barricade Lite C o. 6400 Massachusetts Ave. "Let me she my nose in your business Indianapolis, IN 46226 317 -541 -2723 (317) 541 -2727 FAX (317) 546 =3311 4800) 262 -8019 or (877) 754 -3542 DATE: Work Order DELIVERY S RETURNED Customer Location Order by Phone ,t jf 0�s J Job n P. QUANTITY QUANTITY OFFICE DELIVERED UNIT TC DESCRIPTION RETURNED. "U5E 4 ri A IYo W 3 oAJZ t/5 24 FOREMAN. liN Comments: V S CREW: e DATE ON JOB: d TIME OF DAY COMPLETED: READ. BEFORE SIGNING: G T.S, hereby sells materials or leases equipment to Customer (as defined in Terms and Conditions on the reverse slde)'andCustomer,herehy accepts_ T ERMS AND_CONDI7(ONS listed in this agreement, including the Terms and Conditions set forth or the reverse side, which the undersigned has read and understands. REMINDERS: (1) Rates do not include'fuei or delivery; (2) Customer pays for all time the Equipment is out, inc luding Saturdays, Sundays, and Holidays. (3) This agreement supersedes all other purchase orders or terms and conditions contained in any of Customers agreementspr forms; (4) Customer as all risk and is responsible for all damages and other costs, including late charges: Details of the above as well another obligations and responsibilities are contained in the TERMS AND CONDITIONS ON REVERSE. THE INDIVIDUAL. SIGNING BELOW AS OR ON•BEHALF OF CUSTOMER: {S) AGREES TO ALL OF THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS AGREEMENT, (2) ACKNOWLEDGES RECEIPT OF THE MATERIALS OR EQUIPMENT IN GOOD CONDITION AND, (3) IS .t FULLY FAMILIAR WITH ITS OPERATION AND USE. CUSTOMER SIGNATURE NAME PRINTED DATE A PREQUALIFIED INDOT CONTRACTOR, AN EQUAL OPPORTUNITY EMPLOYER CONTRACT ADDITIONAL TERMS AND CONDITIONS 1 DEFINITIONS. `GT.S.` means GridLock Tratlic Systems, inc. identified on the first page of this Conlrad from whom 12. DEPOSIT. Ia addition to securing the payment of rental charges hereunder, Customer agrees That any rental deposit the Customer has rented fine Equipment'Customer' means the person or entity identified as such on the first page of shall be deemed to be guaranty by Customer of the full and complete performance of each and all of the terms, this, including any representative, agent, officer or employee of Customer Store location' means the GT.S. covenant, and agreements to be performed by Cuslomer hereunder, and in the event of any breach by Customer, the address In the upper left-hand comer on the first page of this Contact. 'Rental Period' means the period of time deposit will be credited against any damages, cost or expense incurred by G.T.S. as a result of the breach. between the `Date Ouf' and'Date Due fn'set forth on the first page of this Contract, except that the Rental Period 13. PAYMENT. All amounts due hereunder shall be payable In full upon the end of the Rental Period, return of the may terminate earlier as provided in item 17. Equipment to GT.S., or 30 days following GT.S.'s invoice to Customer, whichever comes first. Customer 2. AUTHORITY iO SiGN, Any individual signing this Contract represents and warrants that he or she is of legal age, acknowledges that timely payment of rental charges is essential to G T.S's business operations and if would be and has the authority and power to sign the Contact on their own behalf or for the Cuslomei impractical and extremely difficult to fix the actual damages caused by late payment. Customer and G.T.S agree that 3. DISCLAIMER OF WARRANTIES, G.T.S. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE there shall be added to all past duo rental charges a late payment fee equal to the lesser of 2% per monih (24% per MERCHANTABILITY OF THE MATERIALS OR EQUIPMENT OR ITS FITNESS FOR ANY PARTCULAR annum) on anysuch past due amounts, or the maximum amount allowed by applicable law. PURPOSE. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, 14. FAILURE iO DELIVER. Customer releases and discharges GT.S. from any and all liability or damages (including OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS CONTRACT, consequential and special damages) which might be caused by G.T.S.'s failure or inability to deliver any Equipment G.T.S. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WHTH THIS by any specified date or time. TRANSACTION. 15. TITLE 1 NO PURCHASE OPTION 1 NO LIENS. This Contract is not a contract of sale, unless dearly specified as a 4. INDEMNITY/ HOLD HARMLESS 1 DAMAGES. CUSTOMER ACKNOWLEDGES AND ASSUMES ALL RISKS sale, and title to the Equipment shall at all times remain with G.T.S. Unless covered by a specific supplemental INHERENT IN THE USE OF THE MATERIALS OR EQUIPMENT BY CUSTOMER, AND WILL TAKE ALL ag reement signed b G.T the Customer has no option right to purchase the Equipment. Customer shall keep NECESSARY PRECAUTIONS TO PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE g y p or g p P the Equipment tee and clear o all mechanics and liens and encumbrances. FROM THE EQUIPMENT. G.T.S. SHALL NOT BE RESPONSIBLE TO CUSTOMER OR TO ANY OTHER PARTY FOR, AND CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD G.T.S HARMLESS FROM AND 16. TIRE 1 TUBE REPAIR O R Repair or replacement of tires and tubes is the respomsibiGly of the AGAINST, ANY LIABILITY, CLAIM, LOSS, DAMAGE OR INJURY INCLUDING ANY ATTORNEY'S FEES, LOSS Customer, and is not induced in the rental rate. 1 OF PROFITS, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENNTIAL DAMAGES) CAUSED T, due hereu or t Customer shaft be deemed to be p any default should Customer fn any fail to pay any amount when BY, OR IN Al WAY CONNECTED WITH THE USE, MAINTENANCE, INSTRUCTION, OPERATION, due hereu perform, observe a keep �oN t h on this Contract, or should the Customer become a POSSESSION, OWNERSHIP, OR RENTAL, OF THE MATERIALS OR EQUIPMENT, HOWEVER CAUSED. 'insolvent (as defined herein), or should G.T.S. anticipate that Customer may y one o more of the following: insolvent or That Customer 5. RECEIPT d INSPECTION Of EQUIPMENT, Customer acknowledges that Customer has inspected the Equipment may otherwise became in default I Customer is e r default, G.T.S. may do any one is and prior to talking possession thereof, finds it in good working order and repair, and suilable for Customer's needs. commence the Rental Period, declare the entire amounts duo hereunder immediately due and payable and Customer is familiar with the proper operation and use of each item of material or Equipment. Customer has commence legal action therefore; (c) cause G.T employees or agents, pos notice or legal process, h enter Inspected or will inspect all hitches, bolls, safety chains, hauling tongues and other di and materials used to upon C us t omer 's waives property and take all anion necessary to stake and repossess the Equipment, in which event connect the Equipment to Customers towing vehicle, ti any; G.T.S. is not responsible for any damage fo Customer's Customer waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all mats e caused by detachable hitches or mirrors. and expenses incurred by G.T.S. in retaking and repossessing; or (d) pursue any other remedies available by law. (owing vehicl USE OF EQ i. y detachable will not use or allow anyone Ic use the Equipment (a) for an illegal purpose or in The Customer shall be considered "insolvent' if the Customer (i) shall generally not pay, or shall be unable to pay, or 6 without a license, if required under an applicable law, or me who Is not qualified to operate in shall admit its inability or anticipated inability to pay its debts as such debts become due; or (ii) shall make an an illegal manner, N t r u nmenf for the benefit to ti par or is a s s or apply to any Tribunal for he appoin of a custodian, receiver, Customer agrees, at Customers sole expense, to comply with all applicable municipal, stale, and federal laws, or regulations including O S.H. which may A. a to the use of the Equipment. re trustee for It or a substantial dju m its assets; or (iii) shall commence any proceeding under any 6ankrupi ordinances and r g Y PP9 Customer agrees to reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, check tiltefs, oil, fluid levels and fire air pressure, to clean and visually inspect the Equipment dally and to immediately whether now or hereafter in affen, or {iv) shall have had any such petition or application filed or any such proceeding notify G.T.S. when Equipment needs repair or maintenance. Customer acknowledges that G T.S. has no commenced against it in which an order for relief is entered or an adjudication or appointment is made; or (v) shall responsibility to Inspect the Equipment while it is Customer's possession. G.T.S. shall have the right to replace the take a an action indicating its consent to, approval of or acquiescence in an such etltion, application, proceeding, Equipmentwith other similar equipment at any time and for any reason. y g PP y p PP p g order for relief or the appoint of custodian, recover, 7. MALFUNCTIONING EQUIPMENT. Should the Equipment become unsafe, mallundion, or require repair, Customer C COVERAGE. A eiver, trustee for all or any substantial ial pad of its properties. ON immediately cease using the Equipment and immediately ndify G.T.S. If such condition is the result of normal f8. CUSTOMER'S INSURANCE COVERAGE. Cuslomer agrees s maintain and carry, at Ira sale cost, adequate operation, G.T.S. will repair or replace the Equipment with similar Equipment in working order, if such replacement liability, nt, inducing all public liability, properly damage and casually insurance for the full replacement cost of the Equipment Is available. G.LS, has no obligation to repair or replace Equipment rendered inoperable by misuse, Equipment, including all risks of loss or damage covered by the standard extended coverage endorsement, to Dover any damage or liability arising from the handling requested, Cus maintenance, operation, possession or use ra the abuse or neglect, Customer's sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure, Customer must return the Equipment to the Store Location wllhin 24 hours Equipment during the entire Rental Period. When requested, Customer shall supply to G T.S proof of such insurance from the lime of defect on order to terminate rental charges. by Certificate of Insurance Beady setting forth (he coverage for the Equipment and naming G T.S. as the loss payee e. RETURN O EQUIPMENT, DAMAGED 8 LOST EQUIPMENT. At the expiration of the Rental Period, Customer call and additional insured; such insurance and evidence thereof to be in amounts and farm satisfactory to GT.S. The return the Equipment to the Sore Location during G.T.S. regular business hours, such Equipment to be in the Certificate of Insurance and policy shall provide that G T S. shall receive not less than 30 days' notice prior to any condition and repair as when delivered to Customer, subject reasonable wear and tear, as defined below. Customer cancellation of the insurance required hereunder. th ig e written consent of shall be liable for all damages to or loss of the Equipment from the lime the Equipment leaves the Store Location until ASSIGNMENT, LENDING th SUBLETTING. Customer shall not sublease, sub rent, assign or loan the Eq uipment without first obtaining the Equlpmeni is returned to the Store Loeafom, including any damage during transit to or from Customer. Ia the case Equipment keep any such action Customer, without fist of the loss or destruction of any Equipment or inability or failure to retum same to G.T.S. for any reason whatsoever, paten consent, shall be void. Customer agrees to use and kep the Equipment al thhe e jobsife set forlh on the r the fir Customer will pay G.T.S. the then full replacement list value together with the full rental rate as spedfied until such page of this Rental Contact unless G.T.S. approves otherwise in writing. Equipment is replaced. If the Equipment is returned In a damaged or excessively worn condition, Customer shall pay 20. ENTIRE AGREEMENT i ON respect e E qui This Rental Contract represents the entire re a between the Customer and G.T.S. with respell fo the Equipment and the rental of the Eq There are no oral or other G.T.S. the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. G.T.S. shall be under no obligation of commence repair work until Customer has paid to G.T.S. fine no extension or agreements not included herein None of except in w rights or Customer's rights maybe changed and estimated cast therefore. no extension o €the terms of this Contract may be made except In writing, signed by both 3T S. and Customer. Any 9. REASONABLE WEAR AND TEAR. Reasonable wear and fear of he Equipment shall mean only the normal use of Customer's purchase order number on this Contract is Customers convenience only. This Contact deterioration of the Equipment caused by ordinary and reasonable use basis. The following shall not be deemed supersedes any purchase order or other Customer provsions or forms whether sent to or received prior, or THE PROVISIONS. reasonable wear and tear: (a) damage resulting from any collision, overturning, or improper operation, including u t his SIONS. act. overloading or exceeding the fated capacity of the Equipment, (b) damage in the nature of dents, bending, fearing, 21. O OTHER staining, and misalignment to or of the Equipment or any pad thereof; (c) any other damage to the Equipment which A. Any failure of n o t be to Insist upon said Performance by ht to de C u s t om er on any terms and co of this Contrail shall not be construed as a waiver of principle s o la demand strict compliance. Customer has is not considered ordinary and reasonable in the equipment rental Industry. G.T.S. employees shall make repairs to carefully reviewed this Contract and waives any principle of law, which would construe any provision hereof the Equipment only, n terms. enforcement of Its terms. 10. LATE RETURN. If not returned by the end of the Rental Period, in addil to the rental rates set forth in this Rental againsts the draftsperson of Contact. Contract, Customer agrees fo pay an additional charge of Vf of the daily rental rate for each hour the Equipment is 8. Customer r agrees t pay all reasonable arse of collection, hurl, meal Contact or in correction with the a ttorn e y s fees and other expenses incurred beyond the expiration of the Rental Period. Customer agrees to pay for any damage to or loss of the e GTS. in fits ion of any charges due under this Renal C Equipment occurring between the lime the Equipment is returned and the commencement of G T.S.'s next business en C. Customer shall pay the rental charges) without any day in the event the Equipment is returned to the Store Location at other than G T.S's regular business hours, which t off s e t s deductions or claims e 11. Rental Period Cafcufaffon of Charges. Rental charges commence when the Equipment leaves the Store D. The Federal and State cords 'm the county in r ad. TRIAL BY JURY IS WAIVED. which the Store Location is located shall have exclusive Location and end when the Equipment is returned to the Store Location. Rental charges accrue during jurisdiction over all maters relating to this Con Saturdays, Sundays and Holidays and is based on time of possession. Rental charges are calculated in this manner: CRIMINAL WARNING, The use of false Identification to obtain Equipment or the failure to return the Equipment by item count times duration (days) times item price (day or month). Customer's right to possess the Equipment the end of the Rental Period may be considered a iheit subject to criminal prosecution pursuant to applicable criminal terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of or penal code provisions. this Rental Contact. TIME IS OF THE ESSENCE MEMBER U U GRIDLO,CK 0101 Traffic Systems, Inc. 9 01 SAFER ROAD: SAVE LIVES 030 formerly Flasher Barricade Lite Co. 6400 Massachusetts Ave. 'Let me stick my nose in your business' Indianapolis, IN 46226 317-541-2723 17) 541-2727 or 353-8575 FAX (317) 546-3311 (800) 262-8019 or (877) 754-3542 DATE. Work Order DELIVERY S_ RETURNED Customer Location 1 Order by Z) C Phone 0 Lr), 4, L), I I QUANTITY QUANTITY OFFICE DELIVERED UNIT TC DESCRIPTION RETURNED USE J.—I C_ FLL14 A00 Rae- :4q ri Ca C 0 N of C FOREMAN: Comments: /707 70 CREW: f -Tutu WOO 5h,)_". DATE ON JOB: z 4- ®9 c J /7 IC9 TIME OF DAY COMPLETED: READ BEFORE SIGNING: G.TS. hereby sells materials or leases equipment to Customer (as defined in Terms and Conditions on the reverse side) and Customer hereby accepts all TERMS AND CONDITIONS listed in this agreement, including the Terms and Conditions set forth on the reverse side, which the undersigned has read and understands. REMINDERS: (1) Rates do not include fuel or delivery; (2)Customer pays for all time the Equipment is out, Including Saturdays, Sundays, and Holidays. (3) This agreement supersedes all other purchase orders or terms and conditions contained in any of Customer's agreenrients or forms; (4) Customer assumes all risk wd is responsible for all damages and other costs, including late charges. Details of the above as well as other obligations and responsibilities are contained in the TERMS AND CONDITIONS ON REVERSE. THE INDIVIDUAL SIGNING BELOW AS OR ON BEHALF OF CUSTOMER: (1) AGREES TO ALL OF THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS AGREEMENT, (2) ACKNOWLEDGES RECEIPT OF THE MATERIALS OR EQUIPMENT IN GOOD CONDITION AND, (3) IS FULLY FAMILIAR WITH ITS OPERATION AND USE. CUSTOME R,,SIGNATURE NAME PRINTED DATE A PREQUALIFIED INDOT CONTRACTOR AN EQUAL OPPORTUNITY EMPLOYER CONTRACT ADDITIONAL TERMS AND CONDITIONS 1. DEFINITIONS, 'G.T S.° means Gridlock Traffic Systems, Inc. identified on the first page of this Contract from whom 12. DEPOSIT. In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit the Customer has rented the Equipment. 'Customer' means the person or entity Identified as such on the first page of shall be deemed to be guaranty by Customer of the full and complete performance of each and all of the terms, this, including any representative, agent, officer or employee of Customer. 'Store Locafiorr" means the G.T.S. covenant, and agreements to be performed by Customer hereunder, and in the event of any breach by Customer, the address in the upper left -hand comer on the first page of this Contract 'Rental Period' means the period of time deposit will be credited against any damages, cost or expense incurred by G.T.S. as a result of the breach, between the 'Date Out' and 'Date Due tn° set forth on the first page of this Coniracl, except that the Rental Period 13 PAYMENT, All amounts due hereunder shall be payable in full upon the end of the Rental Period, return of the may fam inafa earlier as provided in item 17. Equipment to G T S., or 30 days following G.T.S.'s Invoice to Customer, whichever comes first. Customer 2. AUTHORITY TO SIGN. Any individual signing this Contract represents and warrants chat he or she is of legal age, acknowledges that timely payment of rental charges is essential to G T S.'s business operations and it would be and has the authority and power Cosign the Contract on their own behalf or for the Customer. impractical and extremely difficult to fix the actual damages caused by late payment Customer and G T.S. agree that 3. DISCLAIMER OF WARRANTIES. G.T.S. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE there shall be added to all past due rental charges a late payment fee equal to the lesser of 2% per month (24% per MERCHANTABILITY OF THE MATERIALS OR EQUIPMENT OR ITS FITNESS FOR ANY PARTCULAR annum) on any such past due amounts, of the maximum amount allowed by applicable law. PURPOSE. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, 14. FAILURE TO DELIVER. Customer releases and discharges G.T.S. from any and all liability or damages (including OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS CONTRACT, consequential and special damages) which might be caused by G.T.S's failure or inability to deliver any Equipment G.T.S. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WHTN THIS by any specified date or time. TRANSACTION. 15. TITLE I NO PURCHASE OPTION! NO LIENS. This Contract is not a Coniracl of sale, unless clearly specified as a 4• INDEMNITY I HOLD HARMLESS 1 DAMAGES. CUSTOMER ACKNOWLEDGES AND ASSUMES ALL RISKS sale, and title to the Equipment shall at all times remain with G.T.S. Unless covered by a specific supplemental INHERENT IN THE USE OF THE MATERIALS OR EQUIPMENT BY CUSTOMER, AND WILL TAKE ALL agreement signed b G.T.S., the Customer has no option or r Equipment. purchase p urchase the E ui Customer shall kee p NECESSARY PRECAUTIONS TO PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE g y p FROM THE EQUIPMENT, G,T.S, SHALL NOT BE RESPONSIBLE TO CUSTOMER OR TO ANY OTHER PARTY the Equipment free and clear PL mechanics and liens and encc ht to encumbrances. FOR, AND CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD G.T.S HARMLESS FROM AND 16. TUBE REPAIR OR REPLACEMENT. Repair or replacement of fires and tubes is the responsibility of the AGAINST, ANY LIABILITY, CLAIM, LOSS, DAMAGE OR INJURY (INCLUDING ANY ATTORNEY'S FEES, LOSS C and is not included in the rental rate. 17. DEFAULT. OF PROFITS, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENNTIAL DAMAGES) CAUSED T Customer shall deemed to be observe or keep default should Customer n any way fail to pay any amount when due hereunder, of t BY, OR IN ANY WAY CONNECTED WITH THE USE, MAINTENANCE, INSTRUCTION, OPERATION, o d herein), p any provision an shim er maj b ecome Insolvent qr should the Customer become 'insolvent' (as d POSSESSION, OWNERSHIP, OR RENTAL, OF THE MATERIALS OR EQUIPMENT, HOWEVER CAUSED, efinein), or should G er is anticipate that Customer may bmore That Customer of th e 5. RECEIPT INSPECTION OF EQUIPMENT, Customer acknowledges that Customer has inspected the Equipment may othe wise become in default If Customer r amounts default, G.T.S. may do any one or more o the and lisimil prior to taking possession thereof, finds 'd in good working order and repair, and suitable for Customer's needs. commence the Rental Period; re; declare the entire byes due hereunder immediately due and payable and Customer is familiar with the proper operation and use of each item of material or Equipmenl. Customer has commence legal action therefore; (c) cause G.LS.'s employees k agents, repossess notice or legal process, h enter upon Customers property and take all action necessary to retake and repossess the Equipment, l which evens inspected or will inspecf all hitches, bolls, safely chains, hauling tongues and other devices and materials used to connect the Equipment to Customers towing vehicle, if any; G.T.S. is not responsible for any damage to Customers Customer waives all claims by G.T.S. In retaking and repossessing; or {d) pursue any other remedies available by law. for damages and losses, physical and pecuniary, caused thereby and shat! pay all costs lowing vehicle caused by detachable hitches or mirrors. and expenses Incurred by The Customer shall be co 6, USE OF EQUIPMENT. ?defamer will not use or allow anyone to use the Equipment. (a) for an illegal purpose or in nsidered °insolvent' if the Customer (I) shall generally nor pay, or shall be unable to pay, or an illegal manner, (b) without a license, If required under any applicable law, or (c) who Is not qualified to operate if shall admit its inability or anticipated inability to pay its debts as such debts become due; or us shall make an assignment for the benefit to creditors, or is as or apply to any tribunal for the appointment of n custodian, receiver, Customer agrees, at Customer's sale expense, to comply with all applicable municipal, state, and federal laws, u inc O.S.H.A. which may a to the use of the Equipment. Customer agrees to re trustee for it or a substantial part of its assets; or (iii) shall commence any proceeding under any bankruptcy, ordinances and regulations (including y PP! Y ui q P g reo-rganiiafion, arrangement, readjustment of debt, dissolution, or liquidaiign law or statute of any jurisdiction, check filters, oil, Fluid levels and tire air pressure, to clean and visually inspecf the Equipmentdaily and to immediately whether now or hereafter in effect, or (iv) shall have had any such petition or application filed or any such proceeding notify G.T S. when Equipment needs repair or maintenance. Customer acknowledges that G.T.S. has no commenced against it in which an order for relief is entered or an adjudication or appointment is made; or (v) shall responsibility to inspect the Equipment while it Is Customer's possession. G T.S. shall have the right to replace the take an action indicating its consent to, approval of or acquiescence In an such etltio r, Hcatign, proceeding. y g PP y p a 1p P D Equipment with other similar equipment atany time and for anyreason. or 7. MALFUNCTIONING EQUIPMENT. Should the Equipment become unsafe, malfunction, or require repair, Customer C order for relief or the appointment R a custodian, receiver, a trustee for all or any substantial part of its properties shall immediately cease using the Equipment and immediately notify G.T S. If such condition is the result of normal f6. CUSTOMER'S INSURANCE COVERAGE, Customer agrees to maintain and carry, fu its sale most, adequate operation, G T S. will repair or replace the Equipment with similar Equipment in working order, if such replacement liability, quipm physical damage, public liability, properly damage and casually extended for the full replacement cost of the Equipment, including all risks of loss or damage covered rl the standard extended coverage endorsement, e cover Equipment is available. G.T.S. has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect, Customer's sole remedy for any failure or defect in Equipment shall be the termination of any rental any damage or liability arising from the handling qued, Customer maintenance, operation, pop proof o f s or use of the me of failure, Customer must return the Equipment to the Store Locallon within 24 hours a during the entire Rental Period. When requested, Customer shall supply to G T.S. pmor of such insurance charges accruing after the to from the time of defect on order to terminate rental charges. by Certificate of Insurance dearly setting forth the Coverage for the Equipment and naming G T.S. as the loss payee and additional i 8. RETURN OF EQUIPMENT, DAMAGED at LOST EQUIPMENT. At the expiration of the Rental Period, Customer will insured, such insurance and evidence thereof to be in amounts and farm satisfactory to G.T.S. The return the Equipmenf to the Sore Location during G.T.S. regular business hours, such Equipment to be in the Certificate of Insurance and policy shall provide that G.T.S. shall eceive not less than 30 daps' notice prioi fo any gr cancellation condition and repair as when delivered to Customer, subject reasonable wear and tear, as defined below. Customer SI of the insurance required hereunder. 19 shall be liable for all damages to or loss of the Equipment from the lime the Equipment leaves the Store Location until Equipment ASSIGNMENT, without first obtaining the written consent G.T.S., and any such action Customer, vr NMENT, LENDING OR SUBLETTING, Customer shall not sublease, sub rent, assign or loan the the Equipment is returned to the Store Location, including any damage during transit to or from Customer In the case Eq e h o G fist of the loss or desbuchl of any Equipment or inability or failure to return same to G.T.S. for any reason whatsoever, page consent, shall be void. Customer agrees to use and keep the Equipment at the e jgbsite set for h on the e f fi Customer will pay G.T.S. the then full replacement list value together *In the full rental rate as specified until such page of his Rental Contract unless G.T.S. approves Roenntal a l in Contract represents r. Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay 2d. ENTIRE AGREEMENT 1 ONLYAGBEEME This Represents the entire agreement n the G.T.S. the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have Customer and G, with respect to the Equipment pment and the rental of the Equipment There are oial al o or r other been completed. G.T S. shall be under no obligation of commence repair work until Customer has paid to G.TS the representations or agreements not included herein. None of n s rights or Customers rights maybbe e changed and estimated mstiherefore. no extension of the terms of this Contract may be made exceept pt in writing, signed by both G.T.S. and Customer. Any 9. RE 1E WEAR AND TEAR. Reasonable wear and tear of the Equipment shall mean only the normal use of Customer's purchase order number on this Contract is Customers convenience only. This Contract supersedes any purchase order or other Customer provisions Cr forms whether sent to or received prior, or deterioration of the Equipment caused by ordinary and reasonable use basis. The following shall not be deemed OTHER reasonable wear and tear (a) damage resulting from any collision, overturning, or improper operation, Including uISIONS.hacl. overloading or exceeding the rated capacity of the Equipment; (b) damage in the nature of dents, bending, learing, 21. O OTHER PROVISIONS. staining, and misalignment to of of the Equipment or any part thereof; ic) any other damage to the Equipment which A. Any failure of 33 S to insist upon strict f, G.T.S' by Customer on any r rods terms and condition is not considered ordinary and reasonable in the equipment rental industry. G.T.S. employees shall make repairs to Contract t shall not be construed as a waiver r o of .T.S's right to demand strict compliance. Customer has carefully reviewed this Contract and waives any principle of law, which would construe any provision hereof the Equipment only. against G.T.S. 10. LATE RETURN. 11 not returned by the end of the Rental Period, in additon to the rental rates set forth in this Rental B. Customer agrees the drat s tC pay all reasonable e s sonable mss of collection, court, Contract, Customer agrees to pay an additional charge of 15 of the daily rental rate for each hour the Equipment is r of Contract nnie fees and other expenses Incurred retained beyond the expiration of the Rental Period Customer agrees to pay for any damage to or loss of The G3 S. In the terms. o1 any charges due under This Rental Contract ar in connection with the en Equipment murring between the time the Equipment is returned and the commencement of G T.S.'s next business enforcement of its terms. C. Customer shall pay the rental c day in the event the Equipment is returned to the Store Location at other than G.TS' D. The Federal and State muds in the s regular business hours n the m) without any 1t. Rental Period Calculation of Charges. Rental charges commence when the Equipment leaves the Store county in which ch deductions or claims the Store I is III shall have exduslve h Location and end when the Equipment is returned to the Store Location. Rental charges accrue during jurisdiction over all mailers relating to this Contract. TRIAL BY JURY IS WAIVED, Saturdays, Sundays and Holidays and is based on time of possession Rental charges are calculated in this manner: CRIMINAL WARNfNG: The use of false identification to obtain Equipmenl or the failure io return the Equipment by item count times duralion (days) limes Item price (day or month). Customers right to possess the Equipment the end of the Rental Period may be considered a then subject to criminal prosecution pursuant to applicable criminal terminates on the expiration of the Rental Period and reler rion of possession after this time is a material breach of or penal code provisions, this Rental Contract, TIME IS OF THE ESSENCE. i Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 05/31/09 15800 $4,618.41 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. W ARRANT N Gridlock Traffic Systems ALLOWED 20 IN SUM OF 6400 Massachusetts Avenue Indianapolis, IN 46226 $4,618.41 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO# f Dept. INVOICE NO. ACCT /TITLE AMOUNT P Board Member 18722 15800 43- 503.00 $4,618.41 1 hereby certify that the attached invoice(s), or 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 Fr day, uffe 12, 2001 St eet Commissio le Street Ora wirnissioner Cost distribution ledger classification if claim paid motor vehicle highway fund