HomeMy WebLinkAbout220700 06/04/2013 CITY OF CARMEL, INDIANA VENDOR: 00351502 Page 1 of 1
ONE CIVIC SQUARE MACALLISTER RENTAL,LLC CHECK AMOUNT: $679.00
CARMEL, INDIANA 46032 PO BOX 660200
INDIANAPOLIS IN 46266-0200 CHECK NUMBER: 220700
CHECK DATE: 6/4/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
651 5023990 R6408330450 679 . 00 OTHER EXPENSES
13450 BRITTON PARK ROAD
�
MacAllister M FISHERS, IN 46038
317-598-9700 gtental
SiHHEe
MacAllister Rental, LLC Contract No. Invoice No. Date
Please Remit All Payments to: 0833045 R64083304501 110MAY2013 Page 1
MacAllister Rental, LLC
P.O. Box 660200
Indianapolis, IN 46266-0200 4:31 PM
RENTAL, RETURN INV®ICE
_ - .:
.
1175500 10MAY2013 12:49 PM 10MAY2013 3:25 PM
CITY OF CARMEL WWTP IM '
WATER TREATMENT PLANT CARMEL VERBAL ERIC
760 3RD AVE SW EM wwr�
INDIANAPOLIS, IN 46032 126TH & GREY ROAD M1 ERIC 752-2706
BRIANB 00089
Qty Equipment # Min Day Week 4 Week Amount
1 MINI EXCAVATOR 11.50 12' DIG
XER621 Make: CAT Model: 305DCR Ser #: XER00621
HR OUT1 7.90 HR IN1 9.90 TOTAL: 2.00
1 BUCKET, MINI EXCAVATOR N/C
303/24067 Make: AIM Model: BKT303-24 Ser #: 303/24067
1 1155-1165 HAMMER (MHEX/SSL) 520 . 00 1450 .00 4150 .00 520 .00
BWM3759 Make: CAT Model: H55DS Ser#: BWM03759
SALES ITEMS :
Qty Item number Unit Price
CAT1306951 EA 12.480 N/C EA 12.48 N/C
GREASE,TUBE-HAMMER
1 ENVIRONMENTAL FEE EA 9. 0 0 0 9.:0 0
DELIVERY CHARGE 75 .00
PICKUP CHARGE 75.00
CONTINUED
Sub-total 679.00
Total 679.00
IMPORTANT! Please note and acknowledge safety instruction by initialing here:
DECLARE DAMAGE WAIVER (Damage waiver is not available on crane rentals). Initial here:
*If declined current insurance certificate must be on file with MacAllister Rental. By his/her Initial Customer will provide guard railing, planking, out riggers,and
other safety accessories as required, per safety instructions.initial here:
Purchaser/Lessee upon failure to pay balance when due shall be liable for all expenses incurred in collection of said balance including but not limited to attorney's
fees and court costs. It is agreed by the parties hereto that reasonable attorney's fees shall be one-third(1/3) of any amount owned by Purchaser/Lessee.
Net 10 days unless otherwise specified.A service charge will be applied to all past due accounts.This agreement shall include the above terms and conditions
as well as those set forth on the reverse hereof.
ACCEPTED BY CUSTOMER
RMPINV 103Ap,20131
MASTER RENTAL AGREEMENT TERMS AND PROVISIONS
I MacAllister herebv agrees to I,a,,to the named Lessee,meaning all Ieceeec lmnily and ses,rdl}',and Lessee hereby leases from MacAllister,under and suhlec(to the terms and provisions hereof until the end of the lei tit specified(Term)
the personal property described as"Eq it,parent'*rented together wnh all pr esenl and fill tire attachments,replacement pans,re pa in,and addn tell s and all proceeds Ihereol.
2. It is understood betiseen the parties that MacAllister is not the manufacturer of the equipment herein rented,nor the agent of the manufacturer of%aid equipment and that no warranty against patent 6r1atent deft t%in
material,workmanship,or capacity is given,nor that said equipment will meet the requirements of any tail,rules,specifications or contracts which provide for specific nachinery or apparatus or special methods,other than that
of the original manufacturer of said equipment and as set forth in the manufacturer's catalog and representations si'herein said nrachinery and equipment is listed and described.No representation or warranty is made as to the
year of manufacture of am equipment 31ACALLISfER HEREBY DISCLAIJIS ANY AND ALL N'ARRAMI'l',IMPLIED OR EXPRESSED,OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3 MacAllister shall use reasonable care to see that the equipment I,In proper working condition before shipment to lessee MacAllister will not operate or test Ili"equopmcmt unless such operation or test is deemed necessary by MacAllister
or unless Lessee shall request such operation or test set wrnmg,m which event the Less,,will be notified of the time and place of such operation and test,and shall he permitted to he present dining said operation and test 11-having requested
tit.Lessee fai le to he present at rite little of operation and test,Lessee agrees that said equipncni as turned out is tit proper operating condition.
4 The Lessee agrees to nruntam the machinery and equipment m the.came condition a,when delivered to it by MacAllister,less annual wear and tear,alt,]to pay all fauns and damages to the equipment t]unne the hie of the,contract.and to
return said properly set as good condition us when received by MacAllister,and Io pay height demurrage.storage,switching.drayage,trackage,or other charges against surd equipment front the time the came shall lease MacAllister up to and
including the little of its return to MacAlh,ler MacAllicier reserves the right to charge Lessee for-ceocive undercarriage wear and tear.
i For rubber toed equipntenl.Lessee acknowledges that repau and teplacemenl of toes are not included in the rental rate and agrees to pay Ion the repair or replacennaut(with ail allowance for reasonable depreciation)of any tires returned to
MacAllister in a damaged condition regardless of the cause of damage Reasonable wear and tear is expected,howl,co,it Is agreed rabbet abrasions(gouges.tears,cuts,groax ing.and retrieval of ruhb t in pieces)of damage to casings Is not
reasonahe wear and tear
6 The receipt and acceptance by Lessee of said equipment will constitute acknowledgement that said piopenv has been accepted and found set good.cafe and serviceable condition,and fit fill tile,unless Lessee makes claim to the contras to
MacAlhsler by reentered mad wnh return receipt demanded,addressed to Mac Alhctet',[ionic office within three days after receipt of said cquipntent The complaint shall set foth specifically and tin detail the complete nature and condition
.fill,property ivier-d
7 Should anv of the machinery,equipment,or appurtenances be received by Lessee It out anv dravman,railroad company or any other carrier transporting saute m it damaged condition,or wnh anv of the nlachutc,v,equipment,part,or
appurtenances n.....",a shall be the duty of Lessee to obtain from said dravntan,railroad company or other earner a wntten acknowlerlgenxnt of the d:linage a shortage The failure on Ili,part of Lessee to obtain such statement in
acknowledgement upon its receipt and acceptance of said anchmcoy,equipment.pass and appurtenances shall he ticatedl as ail acceptance of+ail machinery,egmpment,parts and appurtenances Ili good.safe,serviceable condition and fit for
use Any'damage or loss which has occurred and is not covered by a written acknowledgement or statement Lac aforesaid,or which occur,alter acceptance of sand property,shall be repared and replaced at the expense of Lessee If the
ninchuterv,equipment,pen,or appurtenances are damaged or lost set transportation and the Lessee furnishes to klacAlhste.a wntten detailed acknovledgcmcnt and statement from the cancer+caing forth the character Of damage and loss,
MacAlhsler agrees to use reasonable diligence in havutg said damage repaired and loss replaced within a reasonable tune,but the equipment shall be deemed to hale been delrvered on the date of;acceptance thereof front the carrier
S In the dent of nonce to MacAlhsler by Lessee that the equipment is not In good,safe and sen'iceable condition and lit for use upon its anneal,MacAllister shall have if,,tight IU put said egmpntent set good,safe and setviccabda condition
and tit to use,withIn a reasonable nine,of cancel this rental
9 MacAllister shall not be liable set any event to the Lessee for anv loss,delay,or damage of anv kind of character resulting from defects u1 or deftcierev of the equipment hereby rented or acacicntal breakage thereof
](I Lessee,hall tmmechateh,notify MacAllister of anv accident involving the equipntenl MacAllister clay repair said machmery for the Levu•,,using reacomble diligence to make said repairs upon demand In the evcut anv work t,done
outside of 61acAlhster's regular hours.by reason of which MacAllister shall be regmreJ to pay double rate o0 other o-r a is charges to its employees,or to anyone dome the work for Lessee,1111 such charge,will be paid by Lessee to
MacAllister In the et eat of accident or breakage of anv pan of the equipment,and upon recerxing written approval front MacAllister,Lessee rise have the saute repaired by any competent person.Linn or corporation in It,own expense or.
upon notice to MacAllister as to such bmakaee or accident
I I In the event Lessee accept,the ntachmery and equipment,as herein provided,and thereafter the said nachuxoy proves defective a unfit to,use,oo If for any reason Lessee desires to discontinue the use of,and ntachmery or e,popnemi.
the only rented}of L—ce,hall be to return the nrachineq to MacAllutcr and tern in:tie Ills contract as herein c1—here provided.by paymg all rental charges and other changes herein pounded tot
12 Lessee agrees to pav anv and all charges for work of Inspection by anv labor union MacAllicier may.at tit,option,refuse to do anv repair work on the equipntenl in lime of strike.or am cause he}ond its connul,OI set notation of aux rule
affecting the equipment MacAlfi,m resent es the neht to remove the equipment from the lob at any nine when,set its opinion,the equipment Is set danger because of strike,war,civil disobedience.or any Other condition which MacAllister
determines man'threaten the equnpnent
13 t_e„ee agree,m coinpl,sash and-Ofonn to all nnuuapid,state and federal law,refining to the operation of sand machmery and m pay all costs and expense+of every character occasioned or ins Oh nix the use or operation Of the
ntachmery of equipment.and to pay all legal assesmens.taxes o public charges which may be levied upon said equipment while Ill the possession of the Lessee.
14 Lessee agrees to pay\1acAlluteo fa all loss and damages occasioned by fire,theft,Flood,accident,explosion,wreck,and act of God cr any other causes that only occur during the life of this rental.alit]until such machinery has been
named to the possession of MacA[lister and accepted by it For the purpose of findin g the valuation of said properly in order to determine the loss,damage or injury[hereto,it is agreed by the partrec hereto that the value a,herein before
stated shall be it true and fast value fmnung it basis for such adjustment When equipment leased Is deemed to be a total loss,Lessee agrees to pay MacAllister the manufret rer's suggested price of the equipment In making such adjustment
It Is understood that no rentals theretofore paid or due apply Io lire payment of.cuch loss,unit It is further understood that MacAllister shall solely make the delennmation of whether the equipment is a total loss
15 Lessee lurther agres to hold hamnless'and Indemnify MacAlhsler from and against any and all loss,damage,expense,charm and/or petals ansmg from nnv action on account of any injury to person or property of any character whatsoever
occasioned by the operation.handling of transportation of any 01-111C equipment during the Dental pcnod,and agog”to uudentinfy MacAlli,a front and against anv and all such claims regardless of whether such loss was caused tin pan by the
act,onnccron or negligence of\1acAlhster
16 Lessee further agrees to insure all equipment renter)from MacAllister with full insurance coverage as required hereon,insuring the equipment against loss or ddainage ansing from are cause whatsoeser.Including but not honed to
earthquake.Mond or mudslide MacAllister-H provide Lessee ill the commencement of the term of this Lease,and which shall be Incorporated herein by reference,a separate dOCUownl entitled"Equlpnu,nt Rental Insurance Requirements"
detudutg the necessary coverages and terms thereof.but which reins.chalk at least contain,but not by way of limitation,provuron for.I I NlacAlh,ten as a'loss payee'and'additional uxured'as applicable.2 1 ss imeo otsubro-iron agauxt
MacAllister and us insurers on all chums.3.)Lessee's insurance shall be pnmury and non conlnbutorv:and,4 1 Providing said insurance to cover any and all damage arising front any or all penis.Including but not hauled to damage
occasioned by foe,theft,flood,explosion,accident.vandalism,electrocution, act of God,o,any other dmnage that may occur without Ilmrtauon as to cause durng the lite of dos rental Lessee shall within one 11 I day lion the receipt of the
equipment provide to MacAllister proof of insurance relative to the equipment from a carrier and tin amounts neceptable to MacAllister The proof of insurance shall contain at least 11)a certificate of Insurance(2)naming M-Alhm,,as
additional Insured and loss payee,(1)cleatly describing coverage fa the equipment,and(a)disclosing the name,address and phone number of the companv providing the cos erage
17 The title to the property herein rented and to all replacements thereof or substitution thereof s.and shall remain,wnh MacAllister,and said machinery and equipment shall not become a pan of anv building by beat!:placed therein in by
being annexed thereto Where the equipment is annexed to any property the Lessee shall furnish MacAllister with a landlords release.which+hall permit MacAllsicr to rent.....the equipment 17oin said poopertv at anv nine during the life of-
or after expuatton of this contract.
18 The Lessee agrees,a,henes er requested by MacAllister,to gne MacAllister the exact location of all of the nrachinery and equipment coveted by this court act and further agrees to give MacAlli,tei i nntedlale notice of any levv attempted
Upon card cquipntent.or it said cquipncnt front any cause becomes liable to seizure and to utdenuufy MacAllsiet against all loss and dumagec caused by any such action MacAllister shall have the privilege at all Tunes of entenne anv loh.
budding or location where fire above pt openy I,being used for the purpoee Of inspection raid resent es the pnvdeal of removing said machinery and equipment without nonce if it Is being overloaded or taxed hewnd its capacra or set any
manna being abused or ceglected Lessee warrants Ihal a has the express penmssion of all land owners upon whose land the equipment Is used to so use the equipment Lessee find—warraius drat it will not most the equipment front one
protect to another without MacAlhsicr',advance approval.which notice of movement shall be in wnting.
19 This agreement cannot be assigned without the written consent of MacAllister.The equipment hereby reined shall not be sub-let without the written consent of MacAllister
20 Should anv of the proves....,..f thi,rental be vmlated by Lessee the rental for the elittle pcnod herein specified shall become forthwith due and payable and MacAllister.or Its agents,may,wnhnut notice.cater the prennses occupied by
Lessee without bang a trespasser thei eon.and take possession of and Ientove said equipment with or without process Of law In the event of any action as herembefne set forth becomes neccssmy the Lessee agree,to pay.tin addition to other
charges herein specified.all costs of teittova[of said machmery from the possession of the Lessee and all freight.demurrage,storage.labor or other charge on or against said properly incurred Juan!,the renal,shipping and return m the
possession of MacAllister at u,home office or equrs'alent point designated by MacAllister
'_I Lessee agree,to pay Mi cAllstrr all sums due hereunder when they become due
_'_ Lec,ec agree,that danv ofill,,,)nos talons are breached and MaaMlulei demands lire return of the equipment this rental agreement shall consume authonly to the watchmen or other persons responsible for the equipment to deliver all
or arry pan of the equepnxnt to MacAllister or Its agents
23 Incase any tatter is written of typed Into this punted contract other than such as is necessary to fill Ili blanks presided herein,such matters shall be deemed an addition to the contract and it is specifically understood and agreed that such
added matt,,is not m any manner whi socwer Intended to alter the meaning or intention of the printed clauses of the contract and tin case of conflict and inconsistency between tire punted portions and the wnren Or icpeJ aJdmons,the ponied
portions shall control anv written of typed clause set conflict therewith and the latter shall be treated as void
_14 Bolh\1aa111sier and Lesec ugo,e that no modifications of[his agreement shall be hutdmg upon MacAllister unless such modification,cancellation,addition thereto or notation shall be set wntmg duly signed by MacAllister and duly
approved b}an officer of MacAlhsler❑i the home office of MacAllster.
]"his rcntah before bccomune effctive ninst be approved by an Officer or other authorized rep...cruame of MacAlhater
26_Ma,Allute,-vruy execute..lit,.-J-mgo-L—es.n.rr,io a financing statement or file a finanerng Stalenxnl, ed only by MacAlhsicr c er _equgnncet a goods rlehs"i ed or n,he dchsercd to Lease.undcl this a_.grunt for
..information proposer�o olhenvsc and also cos cone proceed and future ado Lace+ Ths agreement constitute,it Ic,etvauon of title or Sell tv tcrecrnen wnh no such munaetunn
27 This agrecmmnt and acceptance of this agreement is subject to corrections for anthmcuc errors tin computation
28 MacAlhstel re.+enes the right to teplaee it rental unit wlilt it like rental unit.
29 Lessee agrees to maintain the rented equipmein per factor,r recommended lubrication and mantcnance intervals and keep scheduled oil,ample records MacAlhsler reset—the right to ask for maintenance record,for the rental period.
Should,eat]muuuenaun1 records not he avu fable and factory recommended service maintenance is required.MacAllister will perform the appropriate.service work at the Lessee's expense.
10 J Ia,Alluter',rental machines will be fill of fuel when they I,eve MacAllister's prennses Lessee agrees to reluu)said rental equipment frill of fuel or be charged with appropriate fuel backehao ge
i l RATES. Rate,are based an one,hill operation-S houdday,?day/w,ck or 40 hair/week.160 hour/4 week rental month. Unless quoted Otherwise.howl,used in excel,of"one"shift I u c Ili excess of S hours per Jar or 40 hour.,per
week or 160 hours per month)will tic+tilt m an additional shift rate here charted,and hours used tin excess of a two shift operation(e e greater than 16 hours/day.S(1 hoot/week or 320 hours/month)shall result tin vet yin additional one shift
rate being charged
ArO r-Lavin Clause The tenon and condmom of Ills Mantel Rental Agreemenl shall covet all equnpnu•nt,inachmety and appurtenances Iea,ed by Lessee hour blaaMlster both presently and set the future It is the Intent of MacAlliste
and Lessee that this,)taster Rental Agreement shall be con,t,u,d as,and shall be,the only dental agreement between the parties.even though Lessee may hereafter execute additional Master Rental Agreements For instance,if Lcs—leases
one piece of equipment from 11acAlh,ler under this agreement tin January,then another Ill May.both pieces of eguipnuml shall he consulted as ha,u,bell,]cased under one aer-r—ni this Ma,M Rental Agreement
32 Damage Warcer. Lessee specifically acknowledges that the payment of a fire theft,or vandalism damage wane with respect to any equipment leased font MacAllister doe,not satisfy Lesee's obhganon to insure the equipment not
ab,oke Lessee of damage to the equipment caused by the negligence or carelessness Of Le+sec The damage waiver does not unsure Lessee four J:unage to the equipment caused by Lessee.Is agents,or others uctinc under Lessee's control or
operation of the equipment with Lessee',active or construct—penmasion
34. Junsdicuon The parties agree that any disputes arising hereunder shall be resolved in the coons of\)anon County.Indiana.and Lessee specifically subjects Itself to the junuuction lheicof Further.Lessee aetecs that set the went
Narvllh,ter n required to,ntplo)r,e an attomev for the purpose of entorcme the item,and conditions hereof or sauh respect to the collection of any amount due hereunder,MacAllister shall be entitled to recodr its attorneys fee+.cost of
collection,and all other reasonable expenses associated with such proceeding
?- Accidents Without Jcetand Lessee,hall notify Lessor immediately land in any event,within twenty-films(241 hours thereafter)of each accident unvolautg any,quq fluent covered by the Master Rental Agreement Lessee shall Include
such mfomtation as Is known,Including,but not hmilal la the lime,place and nature of the accident or clan agc,the name,and addresses of parties msoh'ed tin the accident(,),including bill not linutad to persons utlurrd,witnesses,and
Owners o(p,cp,,ly damaged Lesec shall promptly advise Lessor of all correspondence.papers,notices,in documents sehatsolver.received by Lessee tin connection wtilt any claim or demand uwol'utg or relating to anv ttlwpnxnI or It,
operation and,together with Lessee's employees aid in the InVestigation and defense of all such claims and demand,and set the oecovery of damages front third parties liable therefore
36 Rental Protection Plan This paragraph ism force provded Le"r,a)accepts the"Rental Protection Platt'through the proper indication thereof on the front of fl-contract,and pays at the nix of cquipntent Dental.or anv axten,mn of
said equipient rental,an additional sell equal to 14 percent of the gross equipment rental charges:lit Lessee takes reasonable precautions to protect equipment and doe,not intentionally damage said equipment.c)Less..does nor cause anv
loss or dinnagc by negllecnc,,ueludmg bill not lunned to neghgenl use or operation of the equipntenl tin a reckless or ahu,n.manner Notwithstanding the purchase of a Renal Protection Plan,Lessee shall nonetheless remain liable for a)2S
percent of the mm�utacturcr's list price not to exceed S2i 000 for,inhn equipntenl and 131 S0 percent of the cost of,,I,,,,,,Of any damaged equepniett Nothing herein to the contrary.the fnllo tie,risks are expre,sly asunnerl by Lessee as tits
exclusive re,ponsibeha' a)Damage,caused by use or operation of the equipment in it nuuutcr inconsistent with lire utanutileturer s instructions,or contrary to this contract.hit Los,or damag,of acccsoty equit I such as wcldre lead,.
electric cod,,bits,halt""".hose,,tits,,tube,or harnesses,etc,c)Loss due to operation of the equipment by a person other than an authorized operalot per the conlmct in any dishonest act by Lessee a by per,onls)enti-ted by Lessee with
rile equipment,usludutg Lessees employe",subcontractor,or agents,d)Loss of damage due to flood.,torn,earthquake or other external causes:,)Loss or damage due to exceeding rated capacity,oi--,abuse,lie,I tic,or improper
sett mng of equipment.1)Se-lie or destruction of equipment Ili,order of gocemmentul a nhority,L)All loss o damage caused by vandalism.mallcmus inscliiet.disappearance,theft or wrongful conversion of equipment not reported by
L—ce prompdv within 24 hours)to the police and Lessor by filing it foinm[written theft,vandalism a conversion report.h)All to,,or damage to yqurpotent resulting from nuclear reaction a iaduitmn.or radioactive contaninauon Goo any
other cause.0 Lo,+pr damage as an result of the st,Ikutg of overhead oblecs wnh equipment.l)Loss or damage io cquipntent occurring during the I-cluig,unloading o,transportation by Lesec:kl Loss due to the equipment being upset o
rollme ii—.nn)Lo„of damage to,quiptnent(tire to the exposure and contanunation from hazardous ntateual Ths rental protection plan will not be effective unless al the time of such loss or dannige the Lesec\account with Lessor is
content In au}event,accrued rental charges cannot be applied against the purchase o,the cost of repair,of damaged,+IOI,n or lost equipment In the event of any loss,damage oI d"rtnclion to cquipntent.Lessor will he subrogat,d to anv
right,of Lessee to recoser a-in,l nm person,fruit Or corpoatian Lessee well execute and deliver to Lc-ol whatever instruments and papers arc required,and take all other necessary step,to secure tin Lesson such sights I-c—c will
cooperate fully svuh L—OI and/or its insureds)In the prosecution of those right,and will neither take nor permit not stiffer anv action to prefu,hce Lesor's Or Its mstnei's nghts with respect thereto The rental protection Phan Is not usuiance
and does not protect Lessee hoar Its negligence nor front Itab luv to other,arsine out of pmse-on.use or operation of cauinmeal
09109
13450 BRITTON PARK ROAD
t 4 FISHERS, 46038
MacAllister 1 H E
317-598 8--9700 R @ILtal
SiHHfs
MacAllister Rental, LLC Contract No. Invoice No. Date
Please Remit All Payments to: 0833045 R64083304501 10MAY2013 Page 2
MacAllister Rental, LLC
P.O. Box 660200
Indianapolis, IN 46266-0200 4:31 PM
RENTAL, RETURN INVOICE
.- - )ate In
1175500 IOMAY2013 12:49 PM IOMAY2013 3:25 PM
CITY OF CARMEL WWTP
WATER TREATMENT PLANT CARMEL VERBAL ERIC
760 3RD AVE SW • •- -•
INDIANAPOLIS, IN 46032 126TH & GREY ROAD ERIC 752-2706
BRIANB 00089
Qty Equipment # Min Day Week 4 Week Amount
IMPORTANT! Please note and acknowledge safety instruction by initialing here:
DECLARE DAMAGE WAIVER (Damage waiver is not available on crane rentals). Initial here:
*If declined current insurance certificate must be on file with MacAllister Rental. By his/her Initial Customer will provide guard railing,planking,out riggers,and
other safety accessories as required, per safety instructions.Initial here:
Purchaser/Lessee upon failure to pay balance when due shall be liable for all expenses incurred in collection of said balance including but not limited to attorney's
fees and court costs. It is agreed by the parties hereto that reasonable attorney's fees shall be one-third(1/3) of any amount owned by Purchaser/Lessee.
Net 10 days unless otherwise specified.A service charge will be applied to all past due accounts.This agreement shall include the above terms and conditions
as well as those set forth on the reverse hereof.
ACCEPTED BY CUSTOMER
RMPINV 103Ap,20131
MASTER RENTAL AGREEMENT TERMS AND PROVISIONS
I MacAlh,ha hereby agrees to]case to the named Lessce.a-L ig all lesser,jointly and severally.and Lessee hereby leases from MacAllister,under and subject u,the terms and pror,,on,hereof until the end of the term apecaficd(Term)
the personal property described as"Equipment'rented together with all present and fbnirc auachmenls,replacement pairs,repairs,and additions and all proceeds thereof
2. It is understood between the parties that MacAllister is not the manufacturer of the equipment herein rented,nor the agent of the manufacturer of said equipment and that no warranK against patent oc•latent dcfe,',in
material,workmanship,or capacity is given,nor that said equipment%s ill meet the requirements of any law%,rude,,specification,or contracts which provide far specific machinery or apparatus or special methods,other than that
of the original manufacturer of said equipment and as set forth in the manufacturer's catalog and representations wherein said machinery and equipment is listed and described.No representation or warrant'is made as to the
year of manufacture of any equipment. 11ACA LLISTER HEREBY DISCLAI\IS ANY AND ALL WARRANTY,1\IPLIED OR EXPRF,SSED,OF MERCIIANTABILrn'OR FI'T'NESS FOR A PARTICULAR PURPOSE.
i MacAllister shall use reasonable are tin see that the equipment is in proper working condition before shipment to lessee MacAllister will not operate or test the equipment unless such operation or test is deemed necessary by MacAllister
or unless Lessee shall request such operation to test in writing,in%vhmh event the Lessee will be notified ofthe time and place of such operation and test,and shall be permnted to be present durng said operation and test If havimz requested
in.Lessee fails to be present at the(line of operation and lest.Lessee agrees that said equipment as turned out is in proper operating condition
4 The Lessee agrees to maintain the machinery and equipment in the sane condition as when delivered to it by MacAllister,less normal wear and Isar.and to pav all claiins and da inages to the equipment during the hl-C Of thi,contract.and to
return said property in as good condition as when received by MacAllister.and to pay,freight demurrage storage,switching,drayage,trackage,or other charges against said equipment front the time•the.same shall]cave MacAllister up to and
including the tine of its return to MacAllister. MacAllister reserves the nett to charge Lessee for excessive undercaunage wear and tear
s For rubhei tired equipment,Lessee acknowledges that repair and replacement of tires arc not included in the renal rate and agrees to pay lot the repair of replacement(,,fill an allowance for reasonable depreciation)of any tires returned to
MacAllister in it danfaged condition regardless of the cause of danmge Reasonable went and tear is expected.however,it is agreed rubber abrasions(gauges.tears,cut,,i
zi aoving.and rcnwval of rubber In pieces)of damage to castnes I,not
reasonable wear and tear.
6 The receipt and acceptance by Lessee of said equipment will constitute acknowvledgement that,aid property has been accepted and found In good,safe and serviceable condition.and fit tot use,unless Lessee makes claim to the contiar to
MacAllister by registered mail with ieturn receipt denanded,addiesed to MacAllfster's home office within three days after receipt of and equipment. The complaint shall set forth specifically and in detail the complete nature and condition
ofthe property received.
7 Should any of the machinery.eguipnfent,or appurtenance,be received by Lessee front any drayman.raihoad company or any other canter traospormg same In it damaged condition,or with anv of the machinery,equipment.pails or
appurtenances oussine.It.shall be the duty of Lessee to obtain lions said drayman.tautioad company or other canter a written acknowledgement ofthe damage or shortage The failure on the part of Lessee to obtain such statement or
acknowledgement upon Its receipt and acceptance of sod machinery,equipment,pans and appurtenances shall be hearted as an acceptance of said machinery,equipment,parts and appurtenances in good.safe.serviceable condition and fit for
use Arc damage or loss which has occurred and Is not coveted by a written acknowledgement or statement as afolesand,or,which occurs after acceptance of sand property,shall be repaired and replaced at the expense of Lessee If the
nachineq,equipment.parts or appurtenance,are damaged or lost in tra isponanon and the Lessee hrmnshes to MacAllister a written detailed acknowledgement and statement from the camel,cuing forth the character of damage and Ins.
MacVlutet agrees to use reasonable]drgenee tit having said cartage IepaIred and loss replaced within it reasonable time,but the equipment shall be deemed to have been delivered on the date ofaccepfance thercof Bran the carrier
S fn the event of notice to MacAth,lcr by Lessee that the equfponent is not in good,safe and serviceable condition and fit lot use upon its arras al,biac Allister shall hit%c the light to put said equipment in good.safe and,cis iccable condition
and fit for use,within a u•asonub]c tune,or cancel this rental
9 MacAlli,lcr shall not he liable In anv e%eo to the Lessee for any loss.delay,or damage of any kind of character resulting front defects in of deficiency,ofthe eguipmwof hereby rented in accidental breakage thereof.
10 Lessee,hall unnnediateiv nonfv MacAllister of anv accident invoking the equipment MacAllister may repass said machinery for the Lessee,using reasonable diligence to make said repaus upon demand In the rent any work a done
outside of MacAllisten's r-lik r hours.by rca,on of which MacAllister shall be reclined to pav double time or other overtone charges to its employees,of to anyone done the work for Lessec,all such charges will he paid by Lessee to
MacAllister In tile ex cut of accident a breakage of anv part of the egmpolent.and upon recervmu winter,appru%:d front MacAlh,ter.Lessee may ha%e the sane r,paned by any competent person,finis or corporation at its own expense or.
upon notice to MacAlhstrr a,to such breakage or accident
I I In the,rent Leon•accept,nhc ntachumry and equipment,a,herein provided,and thcteaher the said nmchmcry proves dNCctnr or unfit for use.or if for any rca,on Le»ec desues to discontinue the use of said machinery or equipment.
the only remedy of Lessec shill]be(o return the machmery to MacAllister and femmlme thin contract as herein elsewhere provided,by paving all rental char-,and other ckuces herein I led La
' Le, c agree to pay anv and Lill charges for work or m,pectiun by anv labor union MacAllister may at its opnon.refuse to do any repass work on the,quit I m fill,,of,mk,OL any cause he}ond it,control.nn m vu%lanon of an,ndr
affcet n,if,,,qufpnum Mat,Alhster reserves the right to rein-e the equipment front the job at anv time when,in its opinion,the equipment ism danger became of sirike,war.civil disohedience,or anv other condif w Inch:M—Mb,wi
determux•s miry threaten the cqu,pmcnt
13 Lesu agrees to comply wish and conform to all n ceps],stale and federal jaws rc]ating no the operation of said machinery and n,pay all costs and expenses of e%cry character occasioned or involving the use or operation of the
machinery or equipment,and to pay all]egad assessments,taxes or public charges which may be le%led upon said equipment while in the possession ofthe Lessee
14 Lessee agrees to pay MacAllister for all loss and damages occasioned by fire,thefts flood,accident.explosion,wreck,and act of God or any other causes that may occur during the life of this rental.and until such machinery has been
returned to the possession of MacAllislei and accepted by it. For the Purpose of find the%aluanon Of,aid property ,,order to deternnne the loss,damage of injury thereto,it is agreed by the passes hereto that the%aloe as herein before
stated shall be it true and fast value fonning a basis for such adjustment When equipment teased is deemed to be a total loss.Lessee agrees to pay MacAllister the mmllutrefurers suggested price of tic•equipment In making such adjustment
it Is understood that no rental,theretofore paid or due apply to the payment of such loss,and it is further understood that MacAllister shat].solely make the detemnnation of whether the equipment is it total joss
I s Lessee further acres to hold harniless and indennfy MacAllister Fran and against arty and all joss,damage,expense,claim and/or penalty arising from any action on account of any injury to person or proper,of anv eharacler whatsoever
occasioned by the operation,handling oa transportation of any ofthe equipment during file rental period,and agrees to indemnify MacAllister born and against anv and all such clainis regardless of whether such joss was caused tit part by tine
act.onussfon or negligence of MacAllister
16 Lessee further agrees to insure all cgmpmcnt rented him MacAllister with full osmance coverage as requited herein,Insudmg the egmpnfent against loss or damage aruutg t}om any urse w'harsoewcr,including but not limned to
earthquake,flood or mudslide MacAlh,lcr will pro%ide Lessee at the commencement of the Icon of this Lease,and which shall be incorporated herein by reference,it separate document entitled"Equipment Rental Insurance Requirement:
detadutg the necessary coverages and terns thereof.but which Icons shall at least contain,but not by wav of hdication,provision for 1.)MacA]h,ter as a'loss payee•and'additional insured'as applicable:')waiver of subrogation agauts[
MacAllister and its insurers on all clan 1,:3 1 Lcssees insurance shall be primary and non contnbutorv,and,4 1 Providing said Insurance to cover any and ail damage ansine irons am of all perils.including but not hnuted to damage
occasioned by fire,theft.flood,explosion.accident.vandahsnl,electrocution. act of God,or any other damage that may occur without lumtation as to cause during the life off its rental. Lessee shall wuhin one(I I day from the receipt of the
eguiPnenl provide in MacAllister proof of insurance retail%c Ili the equrPnleat from a carnet and in announts acceptable to blacAllutei. The proof of insurance shall contain at least I I1 it certificate of wuiance(')nanung MacAllimcr as
additional Insured and loss payee,(3)clearly describing c'o%conic liar the equipment,and(4)disclosing the name,address and phone nunfbed ofthe company Providing the coverage.
17 The fill,to the property herein rented and to all rep]aeements thereof or subsutuurnl thereof is,and shall rennin,%vrth MacAllister.and sand machtuery and equipment.shall not become it pan of any building by being placed therein or by
being annexed thereto Where the equipment is annexed to any property the Lessee shall tarnish MacAllister with a landlord's release,which shall Penult JiacAlh,wr to remove the,c HPnant tom said ProPerty at any one during the life of
or after expiration of this contract
13 The Lessec agrees.when—er requested by,M-A]hsner,to give MacAllister the exact location of all ofthe machmery and equipment co,eredl by this contract and further agrees to gave MacAllster rmmedtate notice of anv le%v attempted
upon said equipment,or ifsard equipment from anv cause becomes liable to seizure,and to indemnify NfacAllnstei against all loss and damages caused by any such action MacAllister shall ha%c the prn'dege at all times of entering anv job,
bwldme or location where the above propery'a bent'used for the purpose of Inspection and reserves the prrvil,ge of removing said machuniy and equipment without nonce If at s being n,'enloade•d nn coed beyond its capacay or m any
manner being abused of neelected Lessee warrants than it has the express permission of all land owners upon whose]and the eguiprecut is used to so use the equipment Lessee further,warrants that it%vdl not mo%c the cgmPmcnt brain one
project to another without MacAllister',advance appro%al.which nouce of movement shall be in writing
19.This agiecinent cannot be asrgned without the written consent of MacAllister The equipment hereby rented shall not be sub-Iet without the written consent of MacAllister
20 Should any of the•l anasio,,,of ohs rental be cro]ated by Lessee the rental for the come period herein speeded shall become forthwith due and pnvab]e and MacAllister.or Its agents,may,wuhout issue,,enter the premises occupied by
Lessee without being a trespasser thereon.:and take possession of and remove said equipment with or without pracess of law In the event of any action as hereinbctore sel forth becomes nece„ar}'the Lessee agrees to pav, It addmon to other
charges herein specified.all costs of renio%a]of said machmery loom the possession of the Lessee and all freight,detunrrage.storage labor fir other charge on m against said property mcuned during the removal,shipping and return to the
fit.os.+anon of MacAllister of it,h me o office fir Cyunalent point designated by NlacAlli,tcr .
]1 L.„ce agree,in pav MacAlh,m ill urn,due hereunder when the\,become due.
?_' Lessee agrees that it anv of these provisions are breached and MacAllister demand,it,,return of the equipment this rental agreement shall constitute authorty to the watchmen or olhen persons responsible for the equgnneni to deliver all
a an,part of the equrpmcnl to MacA1]stet or rs agent.
4 ]n case inry matter is written or typed into this punted contract)(her than such as its necessary to fill in blanks provided herein,such malteds shall be deemed ml addition to the contract and n u sp,c,fica11v understood and agreed that such
added matter a not m anv manner whatsoever intended to alter the meaning or intention ofthe printed clauses ofthe contiacf and tit case of co,,tltct and inconsistency between the pinned poll as and Ili,written on taped addooi-the pooled
portions.shat]control anv written in typed clause in conflict thefewuh and the laver shall be treated as void
74 Built MacAl]nf,r and Lessee agree that no niodvications of this agreement shall be boding upon\1acAllistei unless such modification,cancellation,addition f icreto or notation shall be in wntimg duly signed by MacAllister and duly
approved by an officer of Mac Ih,acr at the home office of MacUhsner
_s TI,,o neat betore beconung eflcctwc nmsi be approved by an Officer or other authorized representative of\la,Ajhster
26 MncAlh,w,may ex,cule,file anti sign Lessees name to it financutg statement or file it financing statement signed only by MacAllul,r c,or en......I pnxnl or goods delter..I or to he delivered to Lessec under Iii,agreement ion
..information purposes a otherwise end)also covering Proceeds and future advances This agreement constitute,it—creation of tide or Secant,Agreement will,rel-n-to such transactions
27 Thi,agreement and acceptance of Ihi,agreement is Subject to corrections fa antlunetic enou in eonnputation
'S \1acAlhster reser'es the right no replace a rental unit with a like rental unit.
39 Less,,agrees to maintain the rented equipment per factory recommended lubrication and nnuntenance uuervats and keep scheduled oil sample records MacAllister reserves the right to ask for maintenance records for the rental period
Should said nnuttenancr records not he as'aitable and facnory recommended service maintenance is required.MacAllister will perform the zppwpnake service work at the Lessee's expense.
30 NiacAlllsicl•s rental machines will be full of furl when they leave MacAlhster's premises Lessee agrees to return said rental equipment full of fuel or be charged with appropriate file]backcharge•
31 RATES Rate,are based on one stilt operation-8 hour/day,5 dm•/week or 40 hour/week.160 hour/4 week rental month. Unless quoted otherwise,hours used in excess of—one—shift(I, in excess.1-8 boon per dam nr 40 lime.,per
week or 160 hour,per month)%%d]i,oil to an addmonal shut rate being charged,and huun used in excess of a two shit operation(I e greater than 16 hourstdav,80 hour,/week or 320 hours/nnonnh)shall result tin vet an additional one,hut
rate being chat ged
32 Aiaeo ri oak Clause The temn and condmon,of this Master Rental Agreement shall cover all equlPnnenL machmery and appurtenances leased by Lessee tronf NlacAlhster both presently and in the future It is the intent of NlaeAlhsncr
and Lessee that this Master Rental Agreement,hill]be construed as,and shall be,the only rental agreement between the parties.eycn though Lessee may hereafter execute additional Dfasner Rental Agreements. For instance.it Lessee lease,
one piece of cginpnrent from Ma,AIIISICI under this agreement In January,then another in May,both pieces of eyuipmcnt shall be consulted as having been leased undo one agreement this Master Rental Agreerneni
ii. Damage Wai- Lessee specs i-fv acknowledges that the payment of a fire,theft,or vandalism damage waiver with respect to any equgnuent teased front MacAllister does not satisfy Lessee's obligation to rosier the equrpmrr,n nor
absolve Lessee of damage io the elf finical caused by the negligence or carelessness of Lessee. The damage waiver does not insure Lessee hoot damage to the equaPnnenl caused by 17--.it,agents,or others acting under Lessee,control of
operation of the equipment with Lessee',active or constructive permus.on.
34 Jurisdiction The parties agree that any dispute,Lensing hereunder shall be resolved in the courts of Man I(,,,County.Indiana,and Ls.ce specifically.subjects itself to the jurisdiction thereof Further.Lessee agrees that in the event
MacAllister is requu ed to emp]ovee an auomev for the purpose of enforco,the terns and conditions hereof or with respect no the collcction of any amount due her cancer.MacAllister shall be entitled to recover it,auornevs fees.cost Of
collection.and all other reasonable expenses associated with such proceeding
35 Accuhau, Without demand Lessee shall notify Lessor mnmediately fund in any event,within twenty-four(24)hours thereafter)of each accident urvoh'nng any"I Inucnl covered by this Master Rental Agreement Lessee shall Include
such infommtion as is known,including,but not hnnited to the time,place,and nature of the accident or damage.the names and address of parties Involved In the ace deni(s),including bun not limited to persons injured,witnesses.and
owners ofpfopertv dannaged Lessee shall promptly advise Lessor of all correspondence.paper.notices,or document,whatsoever,received by Lessee In connection with any claim a demand Invoking a relating to any equipment or its
operation and,together with Lessee's entPlovecs and in the urvesngafion and defense o(all such claims and demands,and in the recovery of damages from third parties hahle therefore.
36 Rental Protection Pram This paragraph is in force provided Lessee a)accepts the"Rental Protection Plan"through the proper indication thereof on the front of this contmei,and pays at the little of equipment tents],or any extension of
said ccupnncnt rental.an additional sum equal to 13 percent ofthe gross equipment renal charges:b)Les,ce takes reasonable precautions to protect equipment and does not intentionally damage said equipment.cl Lessee doe,not cause any
I—or damage by negligence including but not limited I.neghgent use or operation ofthe equipment in a reck]ess or abusive manner Notwnhst:nduig the purchase of❑Rental Protection Plan,Lessee shall nonetheless renna n liable for a)15
percent ofthe manufacturers list price not to exceed S?5,0110 for stolen equipment and b)50 percent of the cost of repairs of any],imaged equlPmem Nothing herein to the contrary,the following risks are expressly assumed by Lessee as it,
-du-,rc,ponvbdne a)Damages caused by use or operation of ill,cguipment ,,it manner inconsistent wish the manufacturer's instructions,01 camary to this contract,b)Loss or damage of accessory equipment such a,waWmg leads.
elertnc roads,brit.hattene,,hoses,tires,tubes or harnesses.etc,c)Loss due tit operation of the equipmeIn by a person(,titer than an authorized operator per the conliacl or any dishonest act by Le—or by person(s)entrusted by Lessec with
the equapnenl,mcludngg Lessee's employee,.,ubcontinctors or agents.(I)Loss of danage due to flood,storm,earthquake or other external causes:e)Loss or damage due to exceeding cold capacu}.misuse.abuse,negligence.or unpropei
set,leog of e(uipment.f)S—un:or de,truction of equipment by killer of governmental authority...)All loss or damage caused by vandalism,malicious maschi,C dsappe-Inge,theft or waongtud concer,mn of eguipnn,nt not reported h,
Lesce prnnnplly(-thrn'4 hours)to the police and Lessor by filing a fomtat written theft,%andahsm or converaon report.It)All loss or damage to equipment resuming front nuC]ear reaction or radiation,or iadioacfr%c contamination front end
other cause,a)Los or dnmuge a,a result of the sinking of overhead objects with equfpnuau:J)Loss or damage 1.eyuipmcnt occurring during,the loading.unloading or transportation by Lrsscc,k)Los,due to the equrpocnt beutg uP,et m
tolling over,n)Loss or dannagr to njuipment due to the expoxuc and contamination front hazaidou,natena]. This rental protection plan will not be effective antes,at the nine of such loss or danage the Lessee's dccoun with I_e_ssor is
ument ]n any ex cut.accrued acinal charge,cannot he applied ag:unst the Purchase.or the cost of repair,of damaged,stolen or lost equipment In the event of any loss,cantace or de,InICtlOil to equipment.L—ct will be suhrogated to anv
netts of Lcsoc to recover ngamst am person,firm or corporation Lessee will execute and deliver to Lessor whatever instruments and paper,arc required,and take a]]other necessary steps to secure in Les,ar such rights Lessee will
cooperate fully wish Lessor and/or its msnerls)in the pfo,ccution of those rights and will neither take nor permit nor,uf Ter anv action to prejudice Lessor's or its usurer•,rights with respect lhereno The rental protabnu Plan as not Insurance
and does not matect Lessee front its ueehgence nor front habdrty to others arising out of Pksa•,son use or operation of cow Pment.
09/09
VOUCHER # 135663 WARRANT # ALLOWED
351502 IU IN SUM OF $
MACALLISTER ACHINE CO., INC.
PO BOX 660200
Indianapolis, IN 46266
Carmel Wastewater Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
R640833045C 01-7360-02 $679.00
Voucher Total $679.00
Cost distribution ledger classification if
claim paid under vehicle highway fund
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 of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
351502
MACALLISTER MACHINE CO., INC. Purchase Order No.
PO BOX 660200 Terms
Indianapolis, IN 46266 Due Date 6/3/2013
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
6/312013 R640833045, $679.00
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
Date f(cer