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Home My WebLink About178189 10/14/2009 a CITY OF CARMEL, INDIANA VENDOR: 360628 Page 1 of 1 ONE CIVIC SQUARE HIGHWAY TECHNOLOGIES CARMEL, INDIANA 46032 3867 N COMMERCIAL PARKWAY CHECK AMOUNT: $6,600.00 GREENFIELD IN 47140 CHECK NUMBER: 178189 CHECK DATE: 10/1412009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2200 4462000 356640 -001 6,600.00 OTHER STRUCTURE IMPRO HIGHWAY TECHNOLOGIES Contract Invoice Page: 1 of 2 3867 N. COMMERCIAL PARKWAY Customer....: 7611142 GREENFIELD, IN 46140 Invoice..... 356640 -001 Invoice Date: 9/28/09 Project CPU 106TH Phone: 317 891 -8065 Fax: 317 891 -8248 Project Name: CPU 106TH PO VERBAL Contact.....: ERIC Estimator...: HTT20AD Created by..: HTT20MM CITY OF CARMEL Salesperson..:7183 CRAIG BUCK 211 2ND ST., S.W. Terms........ Net 30 Days CARMEL, IN 46032 PLEASE REMIT PAYMENT TO: HIGHWAY TECHNOLOGIES, INC 33946 TREASURY CENTER CHICAGO, IL 60694 -6300 Jobsite Address: CPU 106TH, CPU 106TH, INDIANAPOLIS, IN 46113 Item Number Billed To Date Current Descr �ptfon Units Amount �lnits P.mo�mt RENTAL See Invoice Detail 6600.00 6600.00 DAILY RENTALS EA Totals.......: 6600.00 6600.00 Taxes........: Less Retained: Invoice Total: 7062.00 HIGHWAY TECHNOLOGIES Invoice Deta i 1 Page: 2 of 2 3867 N. COMMERCIAL PARKWAY Customer....: 7611142 w GREENFIELD, IN 46140 Invoice.....: 356640 -001 F- Invoice Date: 9/28/09 Project CPU 106TH Phone: 317 891 -8065 Fax: 317 891 -8248 Project Name: CPU 106TH z PO VERBAL Contact.....: ERIC Estimator...: HTT20AD Created by..: HTT20MM CITY OF CARMEL salesperson..:7183 CRAIG BUCK 211 2ND ST., S.W. Terms........ Net 30 Days CARMEL, IN 46032 PLEASE REMIT PAYMENT TO: HIGHWAY TECHNOLOGIES, INC 33946 TREASURY CENTER CHICAGO, IL 60694 -6300 From Dt To Date Equipment Description On -Site Returned Days Rate Amount Item Number: RENTAL 9/11/09 9/21/09`UR1-79MB MESSAGE- BOARD-SOLAR W /COMMUNICA 1.00 11.00 300.00 330040 Delivered: 9/11/09 9/11/09 9/21/09 UR213MB MESSAGE BOARD SOLAR W/COMMUNICA 1.00 11.00 300.00 3300.00 Delivered: 9/11/09 Subtotal: 6600.00 HIGHWA G 3867 N. REENFIELD, ER IN TECHNOLOGIES (317)$91 -$065 De 7 i very Ti cket CITY OF CARMEL 211 2ND ST., S.4J. customer Number 7 611142. Contract DP R 356640 931.789 CARMEL, IN 46032 conr act. Date.. 9/11/09 Schell Date /Time 9j11'/ Q9 10x21 Proj,eet Number's CPt'3. .06TH Pro Nam z CPT 106TH PO Number'. VERBAL Cantad. 1Ef21C CPU:.106TH contact. Number: x 317 571.2443 CPU 106TH r te BY H7T20AD INDIANAPOLIS 356640 931789 Item Descri Lion Equipment# Quantity UM Qty 001. RENTAL DAILY �ENTALS 551 -2020 MESSAGE BOARD SOLAR W /COMMUNICATION 1.00 EA 551 -2020 MESSAGE BOARD SOLAR W /COMMUNICATION 1.00 EA 0 :.(a) Tn the event tyre Cus LOmer picks Up an "y i(k,,em .riE Rental �EqurpmEriff at a s£o re'1 Mon :Customer skull be 'tree ell to �hays :ins �eCted sad accepte' each x em 'Of. Equ.i menC at the time. and riSkoE MOSS :and tit1P. tb: .the 13 uipmEnt sttal:paasttl <:CuStOmeY':ht snCh:::tirtre:.: ,(b ,th 2ventthaCHT:ii @livers: :'E r:lten_A,''� ulpment,'to e location:designated'by :Customer,: customei ;s acLkt.auch doqr nts'as;required by HT ;evidencing ,'that ths'::i.tems Of�:Rqulpment ha been,: :delivere�rta and "accepted :b)) Customer. Custnmer understands:: and:dgrees. that =the rJ.ekz:gf loss >:and title to the;:!Equipment shalao "ppass to Cuskorner: v on dc.l ive ay: re ardles s.of, ;;vhether.ors:not HT- :lire. ecEOrms� and ?,.eompfetes the set =u ofsaxd aOUi. nt, Custome c Kali oay::hall cost:' 'pin .ic] in the:; :svent;a fhtra grty Carrier is utlE2ed .tor;:deii�rer;akre 73qup.p to :,Customer;i sk>aii ��I�gn auch::daevmens' as <:tequlrad'by.��HT and /.o Crrier, evidencing <that the:: items of; >Eg,ipment have: >been dei.ivered and accepted:. by the:;:CuaCOmer r!: Hisk :o£ foes and title'ashall pas. td Customer ;u on dellNzY O£ the:Rquapment Carr,rer'. Customer sfiala L;ay .the. cost of ahippp iiy�'3 (d) Rs o.t kJerta ns tQSections afa), Ibj. Ic1:.: of t kt }s sect }orr s tgmer s;:£ailure.;ao'si n'the :a oremeltt oned- ,dgcuments dges not'' :preclude- :'the'ahlft Of the ir'rak of :'loss FrOm>HT InC,: CLSt03hcr upon :.OE the;EC{tllpment':Cr. the eriCOrc mment Of the terms and:' :'condit:tons oL thj, ay]eelnemnt. ENVIRO"4NTAL CHARGE: The items: "indicated aDcwe e,Ct tb an�:environmental ells rge wh1Ch is designed to recover the Company's direct indirect and expenses: Ear the:: i6 idl }ng man aging and dispos i[ig :of was CS: products, ha2ardous vaCerials rl -and related.admin is tr•at'i�vs coetsr. This As not algovernmekit';:I :FUEL F6e1::charge9`, do not `irrr_lude:Eeg�ral,. state or<joCal fuel excise::E: taxes. :READ ,BEFORE SItlNSNG:. Highway .Teciinologies�: her eby.?aeases -Lo�Cus.kgmer the Equipment;, {as, defined iii ths Terms and ConditlOne on the::: reversed' side)]:and:.. :CUStamer ,hereby 'accepts al'd TERMS WAND MM ITIOkiS'Listed in':this� rental agreement, includingi the. Terms: and CQriditians?iset foatl ion tlie: reverae.'slide, which: S. .,tne undexslyned hss .rsad land w?ders Cands: REMYND Rxf; (il::Aates do: not include fuel ur'delive:ry, (2f. ;lCustomez;!pays'fal�'l all titre the time the kiquipment> put..i1Cluda.ng Saturdays, l',9undays, ',and Ibi ;days. (71 :':This rental agreement supersedes: a.. other purchase. orders terms' and, conditions 'contained :in any'of customer agreeriieuts or ;[arms; (?)sCuatomer assumes all risk and: responsibie' and!I( other costs,:rncivding Iate:charges. Details of:;ti3se:<'' :`$hove aS :We]1 as ,Otfiei obligations Sand re.ponsibil�i Eie6al'e ;'contaiaedin the:TERN9 ANU;!COND Y'YIONB ON REVERSE 610S OF THPB AGR¢EMENT:':PAILURE TO` SIGN DOES NOT NEGATE THE _OBLIGATIONS':OF THE;'CUSTOMSR,'RRD RGC6PTANCE ;0F ANY AND ALL GOODS AND:B$RVI CBS: PROVIDED': BY HIGHWAY TE CHNOLOGI ES, INC: HAS THE LEGAL EFFECT: :OF THE CUSTOMER'S IMPLIED CONSENT TO SE; 86UND`TO..TH$SERM9 AND .CONDITIONS; A9 PET 'FORTH .ikEREIN- CUSTOMER SIGIATUREI;:; <.i DATE NAME P.BINTEp DELIVERED BY zDATE A LARGER FONT COPY OF THE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST. Page: 1 of 1 RENTAL CONTRACT ADDITIONAL TERMS AND CONDITIONS 1. DEFINITIONS. "Highway Technologies" means Highway Technologies ac., its affiliates, 12. DEPOSIT, In addition to securing the payment of rental hereunder, Customer agrees that ally subsidiaries, successors and /or assigns. [note that as of February 15, 2007, Highway rental deposit shall be deemed to be a guaranty by Customer of the full and complete performance of Technologies formerly United Rentals Highway Technologies is no longer owned by or affiliated each and all the terns. covenants, and agreements to be performed by Customer hereunder, and in the with United Rentals, Inc, or any of its subsidiaries). "Equipment" means any one or more of the event of any breach by Customer,the deposit will be credited against any damages, cost or expense items identified as items delivered to Customer, such as air hoses, electric cords, blades, welding incurred by Highway Technologies as a result of the breach. cables, liquid fuel tanks, and nozzles. "Customer" means the person or entity identified as such on 13. PAYMENT. All amounts due hereunder shall be payable in full upon the and of the Rental Period, the first page of this Rental Contract, including any representative, agent, officer, or employee of return of the Equipment to Hi Highway i 30 days Hi Technologies' invoice Customer. 'Store Location" means the Highway Technologies address in the upper left-hand g y Technolo[ J es, or y following Highway y Technolo g Customer, whichever comes first. Customer acknowledges that timely payment corner on the first page of this Rental Contract. "Rental Period" means file period of time between s rental charges is es the "Date Out" and "Date Due In," set forth on the first page of this Rental Contract, except that essential to Highway Technologies' business operations and it would be Impractical and extremely the Rental Period may terminate earlier as provided in Item 17. difficult to fix the actual damages caused by late payment. Customer and Highway Technologies agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of 2% per 2. AUTHORITY TO SIGN. Any individual signing this Rental Contract Represents and warrants month (24% per annum) on any such past due amounts or the maximum amount allowed by applicable that he or she is of legal age,and has the authority and power to sign this ental Contract on their law. own behalf or for the Customer. 14. FAILURE TO DELIVER Customer releases and discharges Highway Technologies from any and all 3. DISCLAIMER OF WARRANTIES. HIGHWAY TECHNOLOGIES INC MAKES NO WARRANTIES, liability or damages (including consequential and special damages) which might be caused by Highway EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS Technologies' failure or inability to deliver any Equipment by any specified date or time. FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE 15. TITLEINO PURCHASE OPTION /NO LIENS. This Rental Contract is not a contract of sale, and title to SPECIFICALLY SET FORTH IN THIS RENTAL CONTRACT, HIGHWAY TECHNOLOGIES the Equipment shall at all times remain with Highway Technologies- Unless covered by a specific DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH supplemental agreement signed by Highway Technologies the Customer has no option or right to THIS RENTAL TRANSACTION. purchase the Equipment. Customer shalt keep the Equipment free and clear of all mechanics and other 4. INDEMNITYIHOLO HARMLESSI DAMAGES- LIABILITY FOR DAMAGEIINJURY TO liens and encumbrances. J EQU IPM ENT. PERSON, AND PROPERTY: CUSTOMER ASSUMES THE RISK OF ANY AND ALL 16. TIRE /TUBE REPAIR OR REPLACEMENT. Repair or replacement of Sires and tubes is the respunsibilily INJURIES OF ANY KIND OR NATURE, INCLUDING WRONGFUL DEATH, AS A RESULT OF THE of the Customer, and is not included in the rental rate. USE OR MISUSE OF THE EQUIPMENT PURSUANT TO THIS RENTAL CONTRACT. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO HOLD HIGHWAY 17. DEFAULT. Customer shelf be deemed to be in default should Customer in any way tail to pay any TECHNOLOGIES AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FREE AND HARMLESS amount when due hereunder, of to perform, observe or keep any provision of this Rental Contract, or FROM, AND TO INDEMNIFY AND DEFEND AGAINST, ANY AND ALL SUITS. ACTIONS, should the Customer become "insolvent" (as defined hereiri should Highway Technologies anticipate PROCESSING'S, CLAIMS JUDGMENTS OR DEMANDS, COSTS AND CHARGES, LEGAL that Customer may become insolvent or that Customer may otherwise become in default. If Customer is EXPENSES. DAMAGES AND PENALTIES RESULTING FROM INJURY OR DAMAGE TO ANY AND in default, Highway Technologies may do any one or more of the following: Sal terminate the Rental ALL PERSONS, INCLUDING WRONGFUL DEATH AND INCLUDING EMPLOYEES OF THE Period; (b) declare the entire amounts due hereunder immediately due and payable and commence legal CUSTOMER OR ANYONE ELSE, AND PROPERTY DAMAGE, IN ANY WAY ARISING OUT OF OR action therefore; ic) cause Highway Technologies' employees or agent, without notice or legal process, IN ANY WAY CONNECTED WITH THE EQUIPMENT RENTED HEREUNDER, BY ANY PERSON, to enter upon Customer's property and take all action necessary to retake and repossess the Equipment, INCLUDING EMPLOYEES OF HIGHWAY TECHNOLOGIES, WHETHER OR NOT CAUSED IN PART in which event Customer waives all claims tot damages and losses, physical and pecuniary, caused BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF HIGHWAY TECHNOLOGIES thereby and shall pay all costs and expenses incurred by Highway Technologies in retaking and OR ITS OFFICERS OR EMPLOYEES INDEMNIFIED HEREUNDER; PROVIDED HOVIEVER, repossessing; of Idl pursue any other remedies available by law. The Customer shall he considered CUSTOMER'S DUTY HEREUNDER SHALL NOT ARISE IF SUCH CLAIMS, SUITS, OR UAB!LITY, "insolvent" if the Customer: (i) shall generally not pay, or shall be unable repay, or shall admit its inability INJURIES OR DEATH OR OTHER CLAIMS OR SUITS, ARE CAUSED BY THE SOLE NEGLIGENCE or anticipated inability to pay its debts as such debts become due; Iii) shall make an assignment for fire OR WILLFUL MISCONDUCT OF HIGHWAY TECHNOLOGIESOR ITS OFFICERS OR EMPLOYEES benefit of creditors, or petition or apply to any tribunal for the appointment of a custodian, receiver,er INDEMNIFIED HEREUNDER. CUSTOMER'S OBLIGATION HEREUNDER SHALL NOT BE LIMITED trustee for it or a substantial part of its assets; )till shelf commence any prnceeding under any BY THE PROVISIONS OF ANY WORKER'S COMPENSATION ACT OR SIMILAR STATUTE.. bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter fn effect; (iv) shall have had any such petition or application 5. RECEIPT INSPECTION OF EQUIPMENT. Customer acknowledges that Customer has filed or any such proceeding commenced against it in which an order for relief is entered or an inspected the Equipment prior to taking possession there of, finds it in good working order and adjudication or appointment fs made; of (v) shall take any action indicating its consent to, approval of, or repair, and suitable for Customer's needs. Customer has been trained and is familiar with the acquiescence in any such petition, application, proceeding, nr order for relief Or the appointment of a proper operation and use of each item of Equipment- Customer has inspected or will inspect all custodian. receiver, or trustee for all or any substantial part of its properties. hitches, bolts, safety chains, hauling tongues and other devices and materials used to connect the Equipment to Customer's towing vehicle, if any; Highway Technologies is not responsible for any 18. CUSTOMER'S INSURANCE COVERAGE Customer shall provide the following insurance damage to Customer's towing vehicle caused by detachable hitches or mirrors. coverage: (if Statutory Worker's Compensation and Employer's Liability insurance, Iii) Commercial Automobile Liability insurance for all owned, non -owned or hired vehicles, (ift) Commercial General Liability 1 "CGI. insurance including contractual liability and completed operations and (N) physical 6. USE OF EQUIPMENT. Customer will not use or allow anyone to use the Equipment: (a) for an damage insurance for the full replacement cost of the equipment being rented. All such liability insurance illegal purpose or in an illegal manner; (I without a license, if required under any applicable law, or shall have limits of not less than one million ($1,000,0001 and be written on an "occurrence" basis and (c) who is not qualified to operate it. Customer aggress, at Customer's sole expense, to comply not art a "claims made" basis, All liability policies shall name Highway Technologies, Its subsidiaries, with all applicable municipal, state, and federal laws, ordinances and regulations (including affiliate corporations, and each of their directors, officers, employees and agents as an additional insured O.S.H.Af which may apply to the use of the Equipment. Customer agrees and intends to with no restrictions or limitations on a primary and non contributing basis and shall also include cross indemnify and defend Highway Technologies from all liability and loss (including attorneys fees) liability and severabilry of interest clauses. Highway Technologies shall be named as loss payee on resulting from any such violatlon(s). Customer agrees to check filters, oil, fluid levels and tire air Customer's physical damage insurance for the equipment being rented. All premiums, deductibles and pressure, to clean and visually inspect the Equipment daily and to immediately notify Highway retentions of the preceding insurance shall be assumed by, for the account of and assumed by the Technologies when Equipment Steeds repair ui maintenance: Customer ackno,vladges ti,ai C.sioutar. :,1E iitsr.i6mGa sfui.f pra.fde that nail of sab:--g.1hon sgt:inst H;ghm:a-J T.. !z::cic: Hi hwa Technologies has no responsibility to inspect the Equipment while it is in Customer's waived and that no canceflation of an n g y g p P y policy shell be effective until after thirty f301 days written notice possession. Highway Technologies shall have the right to replace the Equipment with other similar to Highway Technologies is given. Customer shall furnish certificates of insurance to Highway equipment at any time and for any reason. Technologies evidencing the required insurance, but Customer's failure to furnish certificates of insurance to Highway Technologies does nut preclude Customer's obligation to obtain insurance 7. MALFUNCTIONING EQUIPMENT. Should the Equipment become unsafe malfunction, of require Coverage protecting Highway Technologies from any claims arising front Customer's equipment rental_ repair, Customer shall immediately cease using the Equipment and immediately notify Highway 19. NO ASSIGNMENT, LENDING OR SUBLETTING. Customer shall not sublease, subrent, assign or Technologies. If such condition is the result of normal operation, Highway Technologies will repair or replace the Equipment with similar Equipment in working order, if such replacement Equipment loan the Equipment without first obtaining the written consent of Highway Technologies, and any such is available. Highway Technologies has no obligation to repair or replace Equipment rendered action by Customer, without Highway Technologies' written consent, shall be void. Customer agrees to inoperable by misuse, abuse, or neglect. Customer's sole remedy for any failure or defect in use and keep the Equipment at the job site set forth on the first page of this Rental Contract unless Equipment shall be the termination of any rental charges accruing after the time Of failure. Highway Technologies approves otherwise in writing- Highway Technologies may at any time, without Customer must return the Equipment to the Store Location within 24 hours from the time of notice to Customer, transfer, or assign this Rental Contract, any Equipment, any moneys, or other defect in order to terminate rental charges, benefits due or to become due hereunder. 20. ENTIRE AGREEMENT /ONLY AGREEMENT. The teens and conditions on the first page of this S. RETURN OF EQUIPMENT, DAMAGED LOST EQUIPMENT. At the expiration of the Rental Rental Contract, together with the Additional Terms and Conditions hereof, represent the entire Period, Customer will return the Equipment to the Store Location during Highway Technologies' agreement between the Customer and Highway Technologies with respect to the Equipment and the regular business hours, such Equipment to be in the condition and repair as when delivered to rental of the Equipment. There are no oral or other representations or agreements not included herein. Customer, subject to reasonable wear and tear, as defined below. Customer shall be liable for all None of Highway Technologies' rights or Customer's rights may be changed and not extension of the damages to or loss of the Equipment from the time the Equipment ieaves the Store Location until terms of this Rental Contract may be made except in writing, signed by both Highway Technologies and the Equipment is returned to the Store Location, including any damage during transit to or from Customer. Any use of Customer' purchase order number on this Rental Contract is for Customer's Customer. In the case of the loss or destruction of any Equipment, or inability or failure to return convenience only. This Rental Contract supersedes any purchase order or other Customer provisions or same to Highway Technologies for any reason whatsoever, Customer will pay Highway forms whether send or received prior Of subsequent to this Rental Contract. Technologies the then full replacement list value together with the full rental rate as specified anti! such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn 27 ORDER OF PRECEDENCE. The terms and conditions of tfris Nental Contract shall a)mrni over an condition, Customer shall pay Highway Technologies the reasonable cost of repair and pay rental 4 on the Equipment at the regular rental rate until all repairs have been completed. Highway conflicting preprinted terms find conditions contained in Customer's purchase order or similar documents. Technologies shall be under not obligation to commence repair work until Customer has paid to Highway Technologies the estimated cost therefore. 22. OTHER PROVISIONS. a. Any failure of Highway Technologies to iosiSl upon strict perronnance by CoStomer of any 9. REASONABLE WEAR AND TEAR. Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift (8 terms and conditions Of this Rental Contract shell not be construed as a waiver of Highway hours per day, 40 hours per week) basis, The following shall not be deemed reasonable wear and Technologies' right to demand strict compliance. Customer has carefully reviewed this Rental Contract tear: (a) damage resulting from lack of lubrication or maintenance of necessary oil, water and air and waives any principle of law which would construe any provision hereof against Highway Technologies as the draftsperson of this Rental Contract. pressure levels; (b)except where Highway Technologies expressly assumes the obligation to b Customer agrees to pay all reasonable costs of collection, court, anorneys' lees and other service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer's operation and maintenance manual; (c) damage expenses incurred by Highway Technologies in the collection of any charges due under this Rental resulting from any collision, overturning, or improper operation, including overloading or exceeding Contract or in connection with the enforcement of its terms. Ii rated capacity at the Equipment; (d) damage in the nature of dents, bending. tearing, staining and misalignment to or of the Equipment or any part thereof; (e) wear resultingfront use in excess C. Customer shall pay the rental charge(s) without any offsets, deductions, Or claims. of shifts tar which rented; and ft) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry. Repairs to the Equipment shall be made d. The federal and state courts in the county in which the Store Location is located =_hail have to the reasonable satisfaction of Highway Technologies and in a manner which will not adversely exclusive jurisdiction over all matters relating to this Rental Contract. TRIAL BY JURY IS WAIVED. affect the operation, manufacturer's design or value of the Equipment. Service ofprocess may he affected by certified mail to: The Prentice Hall Corp. System Inc., 33 N. 10. LATE RETURN. Customer agrees that if the Equipment is not returned by the end of the LaSalle SL, Chica3o IL 60602. Highway Technologies shall be entitled to decrees of specific Rental Period, Highway Technologies, in its sole discretion, may require Customer to do any of the performance (without posting bond or Other security) in addition to such other remedies as may be following: (a1 continue to pay the rental rates) applicable to due Equipment as specified on the available. front page of this Rental Contract, (b) for periods less than 24 hours, pay the full daily rental rate applicable to the Equipment, or (c) pay any increased rental rateis) in effect at the tune of, or after, CRIMINAL WARNING: 'The use of false identification to Obtain Equipment or the failure to return Hte the expiration of the Rental Period. Equipment by the end of the Rental Period may be considered a theft subject to criminal prosecution 11. RENTAL PERIOD CALCULATION OF CHARGES. Rental charges commence when the Pursuant to applicable criminal or penal code provisions. Equipment leaves the Stare Location and end when the. E4uipment is reiura the 94xu0T Rental Charges Charges accrue during Saturdays, Sundays, and Holidays. Rental rates are for normal usage hosed on the 8 hour day, 40 hours per week and 160 hours per 4 week period. On power equipment, operations in excess of one shift will be at Highway Technologies' standard premium rental rates. Customer will truthfully and accurately certify to highway Technologies the number of shifts the Equipment was operated- Customer's right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of this Rental Contract- TIME IS OF THE ESSENCE. A l.� l H GREENFIELD. IN COMMERCIAL TECHNOLOGIES (317)891 -8065 PiCIS I Up T CITY OF CARMEL ::C tourer: x1"6 7611142 211 2ND ST., S. W. Pil 356640 210783 CARMEL, IN 46032 Contract:. Date...': Schell Pate /Time 9j2i/0:9 10.59 Project Dumber CPU 106:TH a?roiect Xame z CPU 10 PO ;Number`s :VERBAL Con tact..r 1RTC CPJ: 106TH eoritact Number.` z 3 5 244'3; CPU 106TH Creaed:By HTT20AD INDIANAPOLIS,' IN.. :46113.: 356640 210783 Seq Item Description Equipfnent# Job Qty Stopped Qty Returned- qty, 001 RENTAL DAILY RENTALS 551 -2020 MESSAGE BOARD SOLAR W /COMMUNICATION UR179MB 1.00 1.00 Make: WANCO Model: FULL Serial 5F12S151031000653 Hr meter out: 000 I-Ir meter in 551 -2020 MLSSAGF BOARD SOLAR W /COMMUNICATION UR213MB 1.00 1.00 Make: WANCO Model: FULL Serial 5F12SI51831001212 Hr meter out: .000 Hr meter in: V ':Delivery,. ixl jn :�he aventt the Cu s tome r'bias uF7'aiiy ].tem'ot Rental ':ggquippRmteent at d. stoxe :1 occaa C!ton,, CUS tomer shall. he dee ed to 1htave ins ected and aeceP elld each Trot.tiguiPpment at;che'time:'of,prrk�up and!rask of :lose and 'tiELe tb:' Bquipmeht shall:: Co' such <t me: ?.(b 'Tn th event.thaL HT elivers::the: r'Rental:- quipment': toe 'Soeatton designated <6.yy'CLStomer, Customer Sha13- siggn such dopuigentB aB �requiYQd9by xT ev denCtng;:,that then tsme of l',�Equipment have !beeli.: .;i: deliverec�; .and:iaccepted:abyy Customer. Ctistamer iihderetandr;:: and. agceeStha t':2therleki'gf ld.a� ",and title. tD tlle:;EquipmEant ahall;:Pass 'to'- Cuetome r'upon ;.del every rectc1a idles :of oi;�ioot I41'.'Inc: ecEO anr�;::co IeEes the set' -u 'of °s�:Id 3 nt,,;stomexssltall, pay;; costz oE;:sh <'dcl In Che ;l' event:.a,.0 t'LI pa ,:t .CRt seer is. util:i2ed :t'.ry'ideliie r.tE'quipmen' Co:CUStomer; Ci stvmer s11a T:s,ign,su[h: :documents.as;, Yequired. b >.:HTand�oCrrierevidenca,ng,� that Che; zteM f Equl pii+ent'havD, beets debivered and:�acceptexT,; by.t,,VCustomerzs: RiskSlof: Zees and tttl:e shall :pa ss'to omen u il delay! uE,theiSquipment "Co Caxx rat shall 'pay the cost of ship PPingg (d) As :;rt ppepta tts tq ;_sectanne >Ilai IU):aand lCl o this.:eeck {on <:pµstgmet- a Eatkure o t th e he aforemenEo'dg2umenls notr:lir eclude' the sE] ift: of ,the'irsk oE'1055 1Ydm:HT Iric. CVstOmer upon. ;delivery:oL t6 Equipment: or the enf orOemment of the' Ilt Germs aiid.'. Conditions of t:h:re agreemeni ...rNVIRONML"NTAL CHARGE: The xtemsi „indicated above are subject to .an'envi[oneneatal'charye'wh clt 15 designed to recover the:company'.s direct and Indirect. expenses: fcc the,handl�ing., man ayi.nl and p disosing::of wa ste'a products, hazardous materials; and re lated adminis trati:ve 'This Sis 66t a <Igoverrgiiei�E.. mandated: charge :FUEL -Fuel char9": 00: :iuC',16de 'EedmrAj: 'stage or aOCs) fuel excise: taxes READ :BEFORE SIGNING; Ni._1liway Te CllnO lOg kle re by :leases to :customer Ecgttiptnen.L (as defined in'the TC Y'[I19 Rnd Conditloiie on the re erse:'side) 'a aid' :!Cllr tome r.. Ile reby accepts. all TRRMS..AND COtiliI:•rIONS ;listed in titers rental ageeement :iiidlud ing'i the TeYms :and ggnd it ions:: set forth: on;the reverse side, which .tole utxierslgned read and understands .REMINDARS (1)i RaCes-do >noC include fuel'or delivery, (2};a t ustamer:spays fo[zlall ime the time the 'Equipment -pis .OUt, inCllldimj, S9 to relay E:; .',+Undays_; and Hol: (3). This rental ag reement supersedes all Utltk?i': pn YC .n Cde Y6'�:�'Or� terfllS: and conditions rofitained inl. of 3eustomer, <s ayreertienls or::fozme, -Pea Customer assumes all risk and ds 7 rnspbngibIWJ dr::ali: damages and 0ther Costs inoludinq lite �Chacges.:Uetalls oC�the `above as 11 as <ot'her olil:.ig6 t i ons and responsibilities are,'. Co 'ltarned in the. TERMS AND: CONDITIONS�ON: REVRRSE SIDE i4!: THIS :;AGREEMENT.. FAILURE. TO SIGN DOES' ;".NOT NEGATE THE OBLIGATIONS'-OF THE' CU9TOMER_AND ACCEPTANCE '..0F ANY AND ALL GOODS AND SERVICES PROVIDED ::BY HIGHWAY TECHNOLOGIES INC.:. HAS T.HE'LEGAL;: EFFECT OF.:' :THE CUSTOMER'S IMPGTED:CONSE T.TO.`BE BOUND TO THE :TERMS AND;:CONDITIONS aS BET 2`f �U. CUSTOMER SIGNATURE':.; DATE .NAME PRINTED: a DELIVERED BY DATE A LARGER FONT COPY OF THE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST. Page: 1 of 1 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 Highway Technologies Purchase Order No. 3867 N. Commercial Parkway Terms Greenfield, IN 46140 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 09/28/09 356640 -001 Signs for 106th St. $6,600.00 Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Highway Technologies IN SUM OF 3867 N. Commercial Parkway Greenfield, IN 46140 $6,600.00 ON ACCOUNT OF APPROPRIATION FOR Department of Engineering Board Members Po# or INVOICE NO. ACCT /TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the n/a 356640 -001 200- R4462000 $6,600.00 materials or services itemized thereon for which charge is made were ordered and received except 20 Signature Cost distribution ledger classification if Title claim paid motor vehicle highway fund