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HomeMy WebLinkAbout228620 1/28/2014 CITY OF CARMEL, INDIANA VENDOR: 00351502 Page 1 of 1 ONE CIVIC SQUARE MACALLISTER MACHINERY CARMEL, INDIANA 46032 P.O.Box 660200 CHECK AMOUNT: $7,266.12 INDIANAPOLIS IN 46266-0200 CHECK NUMBER: 228620 CHECK DATE: 1/28/2014 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4237000 PT000131538 1, 863 . 52 REPAIR PARTS 2201 4237000 PT000131539 3 , 794 . 70 REPAIR PARTS 1125 4237000 36517 R64100281401 622 . 56 REPAIR PARTS FOR KUBO 1125 4237000 R64100756101 152 . 85 REPAIR PARTS 1125 R4237000 36426 R81098506301 832 .49 REPAIR PARTS FOR KUBO (► Corporate Office MacAllister 7515 E. 30th Street PO Box 1941 Indianapolis, IN 46206 Ph: (317) 545-2151 Please Remit Al Payments to: MacAllister Machinery Co. Inc. PO Box 660200 Invoice Number PT000131538 Indianapolis, IN 46266-0200 1174600 CITY OF CARMEL STREET DEPT 3400 W 131ST ST WESTFIELD IN 46074 Irs vice Dime P x lase Or ter Natiber Tom. Date Ship Via Page 17JAN201-4-- — 1 . 214 17JAN20.11 - Equipment Number Make Model Serial Number Meter Reading. Machine ID ..... ........................... Quantity Part 'Number N/R Description Unit Price Extended! Price' PACKING SLIP NUMBER: 000250934 PARTS SALES PERSON: STEVE OSHA 4 351.8479 EDGE AS S 465.88 1863.52 TOTAL PARTS 1863.52 T TAX EXEMPTION LICENSE 0031201550020 NET 30 DUE 30 DAYS FROM INV DA MacAllister Machinery's service labor is warranted to the customer for a period of 180 days from the date of work,to include defects in workmanship performed by MacAllister Machinery employees.This warranty would include the replacement of parts and labor,damaged by that defect in workmanship. Any failures caused by defect of parts,whether replaced new at the time of our work,or re-used,will be covered by the original manufacturer's warranties,if any. Goods cannot be returned without our permission and are subject to restocking charge.All items marked with an asterisk(')have been declared non-refundable by the manufacturer and are not acceptable for credit. Items not shown are backordered. Claims for shortages must be made within 5 days. The parties hereby incorporate the requirements of 41 C.F.R.Section 60-1.4(a)(7), 60-250.5, 60-300.5 and 60-741.5, if applicable. TERMS: 1.5%PER MONTH(18%)PER ANNUM)WILL BE CHARGED ON INVOICE PAST DUE Please Pay $1863.52 THIRTY(30)DAYS. This Amount INV PS 116J-20131 ) CORPORATE OFFICE: 7515 E. 30th Street, PO Box 1941, Indianapolis, IN 46206 ' Ph: (317)545-2151 ' Fax: (317) 860-3310 Corporate Office MacAllisterE3 7515 E. 30th Street Indianapolis, IN 46206 PO Box 1941 Ph: (317) 545-2151 Please Remit Al Payments to: MacAllister Machinery Co. Inc. PO Box 660200 Invoice Number PT000131539 Indianapolis, IN 46266-0200 1174600 CITY OF CARMEL STREET DEPT 3400 W 131ST ST WESTFIELD IN 46074 e Invoice Date Puchase order wren r Doc. Date Step Via ...Page _.._... __.. ......... _._ ....._... — 17JAN20-14 1 . 214 17JAN2014 1 - Equipment Number' Make Model Serial Number Meter Reading, ; Machine ID Quantity Part .Number N/R Description Unit Price ExtendedPrice PACKING SLIP NUMBER: 000250934A PARTS SALES PERSON: STEVE OSHA 6 109-2699 EDGE-CUTTING N 166.57 999.42 GET DISCOUNT 6 351-8479 EDGE AS S 465.88 2795.28 TOTAL PARTS DISCOUNT 666.24- TOTAL PARTS 3794. 70 T TAX EXEMPTION LICENSE 0031201550020 NET 30 DUE 30 DAYS FROM INV DA MacAllister Machinery's service labor is warranted to the customer for a period of 180 days from the date of work,to include defects in workmanship performed by MacAllister Machinery employees.This warranty would include the replacement of parts and labor,damaged by that defect in workmanship. Any failures caused by defect of parts,whether replaced new at the time of our work,or re-used,will be covered by the original manufacturer's warranties,if any. Goods cannot be returned without our permission and are subject to restocking charge.All items marked with an asterisk(')have been declared non-refundable by the manufacturer and are not acceptable for credit. Items not shown are backordered. Claims for shortages must be made within 5 days. The parties hereby incorporate the requirements of 41 C.F.R.Section 60-1.4(a)(7), 60-250.5, 60-300.5 and 60-741.5, if applicable. TERMS: 1.5%PER MONTH(18%)PER ANNUM)WILL BE CHARGED ON INVOICE PAST DUE Please Pay $3794.70 THIRTY(30)DAYS. This Amount 110. INv-P5(I 0-2013) j CORPORATE OFFICE: 7515 E. 30th Street, PO Box 1941, Indianapolis, IN 46206 ' Ph: (317)545-2151 ' Fax: (317) 860-3310 VOUCHER NO. WARRANT NO. , MacAllister Machinery Co. Inc. ALLOWED 20 IN SUM OF $ P. O. Box 660200 Indianapolis, IN 46266-0200 $5,658.22 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 2201 PT000131539 j 42-370.00 $3,794.70 1 hereby certify that the attached invoice(s), or 2201 PT000131538 42-370.00 $1,863.52 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 V All FYiAnM4, 2014 A4�7V16/V VY StreefiffteetrCiiaeiamrissioner Title Cost distribution ledger classification if I claim paid motor 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 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)) 01/17/14 PT000131539 $3,794.70 01/17/14 PT000131538 $1,863.52 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 5401 ELMWOOD AVENUE INDIANAPOLIS, IN 46203 317-788-4624 Q1 Rental 1MacAllister MacAllister Rental, LLC `.Contract No. Invoice No. Date Please Remit All Payments to: 0985063 R81098506301 16DEC2013 Page 1 MacAllister Rental, LLC P.O. Box 660200 Indianapolis, IN 46266-0200 3:07 PM SALES INVOICE 1174560 CARMEL CLAY PARKS & REC ADMIN OFFICE 1411 E 116TH ST FISHERS SHUTTLE M1 36426 CARMEL, IN 46032 • Phone: 317-571-2695 CALL DAWN 573 4026 WHEN SHUTTLE PICKS UP Fax: 317-571-4136 WYNMIM 00050 Qty B/O Item Number Bin Loc Unit Price Amount l ,- EDGE;. CUTT I'NG .(72 ,_ t _ EA 94.52 94.52 KUB70000-01088, - 1 ASSY VALVE; CONTRO 05CO5 EA _ 723.01 723.01 KUB7J240-61010 2 FILTER,FUEL 0018-L EA 7.48 14.96 KUB12581-43012 ORDER VIA STOCK ORDER. (NO FREIGHT)'.SHUTTLE TO FISHERS STORE-."CALL.DAWN. 5734026 AND ADVISE WHEN SHUTTLE LEAVES. RS r-09 KOWA 6QU 1125- 471 -Coo Sub-total CF's r illit 1 j A AI A 6V A 2014 Tota 1 832.49 y` 7 IMPORTANT! Please note and acknowledge safety instruc ion 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 -SLS (28-2013) 111 p}' 13450 BRITTON PARK ROAD MacAllister � FISHERS, 8- 70038 317-598-9700 R@ILtal SiHflEa. MacAlli r Rental, LLC Contract No. nvoice No. Date P ease Remit All Payments to: 1002814 R64100281401 08 AN2014 Page 2 MacAllister Rental, LLC P.O. Box 660200 Indianapolis, IN 46266-0200 10:30 AM SALES INVOICE Date In 1174560 CARMEL CLAY PARKS & REC ADMIN OFFICE -� 1411 E 116TH ST 1 CARMEL CLAY PARK 36517 CARMEL, IN 46032 ' ' ' Phone: 317-571-2695 ADMIN OFFICE, CARMEL DAWN KOEPPER Fax: 317-571-4136 WYNDREWC 00080 Qty B/O Item Number Bin Loc Unit Price Amount 1: GRIP , LEVER EA 15 71 15.71 KUB31355.82520 1 SLEEVE EA 9.84 9.84 KUB75595-72150 1 PIN EA 2 .27 2.27 KUB75540-62190 L SAE:> WASHEiR EA 30 10 KUB75599.3200 1 PIN COTTER PLTD 1! EA 31 .31 KUB75599-53111 1 ASSY FRAME , "A" EA 349. 74 349.74 KUB70000-01094 1 ' BRACKET, IANGLE'! LAT EA 122 .42 122.42 KUB70000 01090 1 ; SWITCH . R'0TARY> NEA EA 22. 66 22.66 KUB 70000-01028 JAN 21204 By. Kuru- 365�'t 2d '�a37�o0 Sub-total 622.56 Total 622.56 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 or.the reverse hereof. ACCEPTED BY CUSTOMER RMPSLS (03J­20m MASTER RENTAL AGREEMENT TERMS AND PROVISIONS I. MacAllister hereby agrees to lease to the named Lessee,meaning all lessees jointly and severally,and Lessee hereby leases from MacAllister,under and subject to the terms and provisions hereof until the end of the term specified(Ter p) the personal property described as"Equipment"rented together with all present and frrture attachments,replacement parts,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 warranty against patent or latent defects in material,workmanship,or capacity is given,nor that said equipment will meet the requirements of any law,rules,specifications or contracts which provide for 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 warranty is made as to the year of manufacture of ane equipment. MACALLISTER HEREBY DISCLAIMS ANY AND ALL WARRANTY,IMPLIED OR EXPRESSED,OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3. MacAllister shall use reasonable care to 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 testis deemed necessary by MacAllister or unless Lessee shall request such operation or test in writing,in which event the Lessee will be notified of the time and place of such operation and test,and shall be permitted to be present during said operation and test. If having requested it,Lessee fails to be present at the time of operation and test.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 same condition as when delivered to it by MacAllister,less normal wear and tear,and to pay all claims and damages to the equipment during the life of this contract,and to return said property in as good condition as when received by MacAllister,and to pay freight demurrage,storage,switching,drayage,trackage,or other charges against said equipment from the time the same shall leave MacAllister up to and including the time of its return to MacAllister. MacAllister reserves the right to charge Lessee for excessive undercarriage wear and tear. 5. For rubber tired equipment,Lessee acknowledges that repair and replacement of tires are not included in the rental rate and agrees to pay for the repair or replacement(with an allowance for reasonable depreciation)of any tires rearmed to MacAllister in a damaged condition regardless of the cause of damage. Reasonable wear and tear is expected,however,it is agreed rubber abrasions(gouges,(ears,cuts,grooving,and removal of robber in pieces)or damage to castings is not reasonable wear and tear. 6. The receipt and acceptance by Lessee of said equipment will constitute acknowledgement that said property has been accepted and found in good,safe and serviceable condition,and fit for use,unless Lessee makes claim to the contrary to MacAllister by registered mail with return receipt demanded,addressed to MacAllister's home office within three days after receipt of said equipment. The complaint shall set forth specifically and in detail the complete nature and condition of the property received. 7. Should any of the machinery,equipment,or appurtenances be received by Lessee from any drayman,railroad company or any other carrier transporting sante in a damaged condition,or with any of the machinery,equipment,parts or appurtenances missing,it shall be the duty of Lessee to obtain from said drayman,railroad company or other carrier a written acknowledgement of the damage or shortage. The failure on the pan of Lessee to obtain such statement or acknowledgement upon its receipt and acceptance of said machinery,equipment,pans and.appurtenances shall be treated as an acceptance of said machinery,equipment,parts and appurtenances in good,safe,serviceable condition and fit for use. Any damage or loss which has occurred and is not covered by a written acknowledgement or statement as aforesaid,or which occurs after acceptance of said property,shall be repaired and replaced at the expense of Lessee. If the machinery,equipment,parts or appurtenances are damaged or lost in transportation and the Lessee famishes to MacAllister a written detailed acknowledgement and statement from the carrier setting forth the character of damage and loss, MacAllister agrees to use reasonable diligence in having said damage repaired and loss replaced within a reasonable time,but the equipment shall be deemed to have been delivered on the date of acceptance thereof from the carrier. . S. In the event of notice to MacAllister by Lessee that the equipment is not in good,safe and serviceable condition and fit for use upon its arrival,MacAllister shall have the right to put said equipment in good,safe and serviceable condition and fit for use,within a reasonable time,or cancel this rental. 9. MacAllister shall not be liable in any event to the Lessee for any loss,delay,or damage of any kind of character resulting from defects in or deficiency of the equipment hereby rented or accidental breakage thereof. 10. Lessee shall immediately notify MacAllister of any accident involving the equipment. MacAllister may repair said machinery for the Lessee,using reasonable diligence to make said repairs upon demand. In the event any work is done outside of MacAllister's regular hours,by reason of which MacAllister shall be required to pay double time or other overtime charges to its employees,or to anyone doing the work for Lessee,all such charges will be paid by Lessee to MacAllister. In the event of accident or breakage of any part of the equipment,and upon receiving written approval from MacAllister,Lessee may have the same repaired by any competent person,fern or corporation at its own expense or, upon notice to MacAllister as to such breakage or accident 11. In the event Lessee accepts the machinery and equipment,as herein provided,and thereafter the said machinery proves defective or unfit for use,or if for any reason Lessee desires to discontinue the use of said machinery or equipment, the only remedy of Lessee shall be to return the machinery to MacAllister and terminate this contract as herein elsewhere provided,by paying all rental charges and other charges herein provided for. 12.Lessee agrees to pay any and all charges for work or inspection by any labor union. MacAllister may,at its option,refuse to do any repair work on the equipment in[tine of strike,or any cause beyond its control,or in violation of any rule affecting the equipment. MacAllister reserves the right to remove the equipment from the job at any time when,in its opinion.the equipment is in danger because of strike,war,civil disobedience,or any other condition which MacAllister determines may threaten the equipment 13. Lessee agrees to comply with and conform to all municipal,state and federal laws-relating to the operation of said machinery and to pay all costs and expenses of every character occasioned or involving the use or operation of the machinery or equipment,and to pay all legal assessments,taxes or public charges which may be levied upon said equipment while in the possession of the Lessee. 14. Lessee agrees to pay MacAllister for all loss and damages occasioned by fire.theft,flood,accident,explosion,wreck,and act of God or any other causes that may occur during the life of this rental,and until such machinery has been returned to the possession of MacAllister and accepted by it. For the purpose of finding the valuation of said property in order to determine the loss,damage or injury thereto,it is agreed by the parties hereto that the value as herein before stated shall be a true and fast value forming a basis for such adjustment. When equipment leased is deemed to be a total loss,Lessee agrees to pay MacAllister the manufacturer's suggested price of the equipment. In making such adjustment it is understood that no rentals theretofore paid or due apply to the payment of such loss,and it is further understood that MacAllister shall solely make the determination of whether the equipment is a total loss. 15. Lessee further agres to hold harmless and indemnify MacAllister from and against any and all loss,damage,expense,claim and/or penalty arising from any action on account of any injury to person or property of any character whatsoever occasioned by the operation,handling or transportation of any of the equipment during the rental period,and agrees to indemnify MacAllister from and against any and all such claims regardless of whether such loss was caused in part by the act,omission or negligence of MacAllister 16. Lessee further agrees to insure all equipment rented front MacAllister with full insurance coverage as required herein,insuring the equipment against loss or damage arising from any cause whatsoever,including but not limited to earthquake,flood or mudslide.MacAllister will provide Lessee at the commencement of the term of this Lease,and which shall be incorporated herein by reference,a separate document entitled"Equipment Rental Insurance Requirements" detailing the necessary coverages and terms thereof,but which terms shall at least contain,but not by way of limitation,provision for:1.)MacAllister as a'loss payee'and'additional insured'as applicable;2.)waiver of subrogation against MacAllister and its insurers on all claims;3.)Lessee's insurance shall be primary and non contributory:and,4.)Providing said insurance to cover any and all damage arising from any or all perils,including but not limited to damage occasioned by fire,theft,Flood,explosion,accident,vandalism,electrocution, act of Cod,or any other damage that may occur without limitation as to cause during the life of this rental. Lessee shall within one(1)day from the receipt of the equipment provide to MacAllister proof of insurance relative to the equipment from a carrier and in amounts acceptable to MacAllister. The proof of insurance shall contain at least(1)a certificate of insurance(2)naming MacAllister as additional insured and loss payee,(3)clearly describing coverage for the equipment,and(4)disclosing the name,address and phone number of the company providing the coverage. 1Z The title to the property herein rented and to all replacements thereof or substitution thereof is,and shall remain,with MacAllister,and said machinery and equipment shall not become a part of any building by being placed therein or by, being annexed thereto. Where the equipment is annexed to any property the Lessee shall famish MacAllister with a landlord's release,which shall permit MacAllister to remove the equipment from said property at any time during the life of or after expiration of this contract. 18. The Lessee agrees,whenever requested by MacAllister,to give MacAllister the exact location of all of the machinery and equipment covered by this contract and further agrees to give MacAllister immediate notice of any levy attempted upon said equipment,or if said equipment from any cause becomes liable to seizure,and to indemnify MacAllister against all loss and damages caused by any such action. MacAllister shall have the privilege at all times of entering anyjob, building or location where the above property is being used for the purpose of inspection and reserves the privilege of removing said machinery and equipment without notice if it is being overloaded or taxed beyond its capacity or in any manner being abused or neglected. Lessee warrants that it has the express permission of all land owners upon whose land the equipment is used to so use the equipment. Lessee further warrants that it will not move the equipment from one project to another without MacAllister's advance approval,which notice of movement shall be in writing. 19. This agreement cannot be assigned without the written consent of MacAllister.The equipment hereby rented shall not be sub-let without the written consent of MacAllister. 20. Should any of the provisions of this rental be violated by Lessee the rental for the entire period herein specified shall become forthwith due and payable and MacAllister,or its agents,may,without notice,enter the premises occupied by Lessee without being a trespasser thereon,and take possession of and remove said equipment with or without process-of law. In the event of any action as hereinbefore set forth becomes necessary the Lessee agrees to pay,in addition to other charges herein specified,all costs of removal of said machinery from the possession of the Lessee and all freight,demurrage,storage,labor or other charge on or against said property incurred during the removal,shipping and return to the possession of MacAllister at its home office or equivalent point designated by MacAllister. 21. Lessee agrees to pay MacAllister all sums due hereunder when they become due. 22. Lessee agrees that if any of these provisions are breached and MacAllister demands the return of the equipment this rental agreement shall constitute authority to the watchmen or other persons responsible for the equipment to deliver all or any part of die equipment to MacAllister or its agents. 23. In case any minter is written or typed into this printed contract other than such as is necessary to fill in blanks provided herein,such matters shall be deemed an addition to the contract and it is specifically understood and agreed that such added matter is not in any manner whatsoever intended to alter the meaning or intention of the printed clauses of the contract and in case of conflict and inconsistency between the printed portions and the written or typed additions,the printed portions shall control any written or typed clause in conflict therewith and the latter shall be treated as void. - 24. Both MacAllister and Lessee agree that no modifications of this agreement shall be binding upon MacAllister unless such modification,cancellation,addition thereto or notation shall be in writing duly signed by MacAllister and duly approved by an officer of MacAllister at the home office of MacAllister. ' 25.This rental before becoming effective must be approved by an Officer or other authorized representative of MacAllister. 26. MacAllister may execute,file and sign Lessee's name to a financing statement or file a financing statement signed only by MacAllister covering equipment or goods delivered or to be delivered to Lessee under this agreement for "information purposes'or otherwise and also covering proceeds and furore advances. This agreement consulates a reservation of title or Security Agreement with reference to such transactions. 27.This agreement and acceptance of this agreement is subject to corrections for arithmetic errors in computation. ' 28. MacAllister reserves the right to replace a rental unit with a like rental unit. 29. Lessee agrees to maintain the rented equipment per factory recommended lubrication and maintenance intervals and keep scheduled oil sample records..MacAllister reserves the right to ask for maintenance records for the rental period. Should said maintenance records not be available and factory recommendedservice maintenance is required,MacAllister tri))perforin the.appropriate service work at the.Lessee's.espense; _ 30.MacAllister's rental machines will be full of fuel when they leave MacAllister's premises. Lessee agrees to return said rental equipment full of fuel or be charged with appropriate fuel backeharge. 3 L RATES. Rates are based on one shift operation-8 hour/day,5 day/week or 40 hour/week,160 hour/4 week rental month. Unless quoted otherwise,hours used in excess of"one"shift(i.e.in excess of 8 hours per day or 40 hours per week or 160 hours per month)will result in an additional shift rate being charged,and hours used in excess of a two shift operation(i.e.greater than 16 hours/day,80 hours/week or 320 hours/month)shall result in yet an additional one shift rate being charged. . 32. Aavrer alion Clause: The tents and conditions of this Master Rental Agreement shall cover all equipment,machinery and appurtenances leased by Lessee from MacAllister both presently and in the future. It is the intent of MacAllister and Lessee that this Master Rental Agreement shall be construed as,and shall be,the only rental agreement between the parties,even though Lessee may hereafter execute additional Master Rental Agreements. For instance,if Lessee leases one piece of equipment from MacAllister under this agreement in January,then another in May,both pieces of equipment shall be construed as having been leased under one agreement:this Master Rental Agreement. 33. Damage Waiver: Lessee specifically acknowledges that the payment of a fire,theft.or vandalism damage waiver with respect to any equipment leased from MacAllister does not satisfy Lessee's obligation to insure the equipment nor absolve Lessee of damage to the equipment caused by the negligence or carelessness of Lessee_The damage waiver does not insure Lessee from damage to the equipment caused by Lessee,its agents,or others acting under Lessee's control or operation of the equipment with Lessee's active or constructive permission. 34. Jurisdiction: The parties agree that any disputes arising hereunder shall be resolved in the courts of Marion County,Indiana,and Lessee specifically subjects itselfto the jurisdiction thereof. Further.Lessee agrees that in the event MacAllister is required to employee an attorney for the purpose of enforcing the terms and conditions hereof,or with respect to the collection of any amount due hereunder,MacAllister shall be entitled to recover its attorneys fees,cost of collection,and all other reasonable expenses associated with such proceeding. 35. Accidents: Without demand Lessee shall notify Lessor immediately(and in any event,within twenty-four(24)hours thereafter)of each accident involving any equipment covered by this Master Rental Agreement. Lessee shall include such information as is known,including,but not limited to the time,place,and nature of the accident or damage,the names and addresses of parties involved in the accident(s),including but not limited to persons injured,witnesses,and owners of property damaged. Lessee shall promptly advise Lessor of all correspondence,papers,notices,or documents whatsoever,received by Lessee in connection with any claim or demand involving or relating to any equipment or its operation and,together with Lessee's employees aid in the investigation and defense of all such claims and demands,and in the recovery of damages-from third parties liable therefore. 36. Rental Protection Plan: This paragraph is in force provided Lessee a)accepts the"Rental Protection Plan"through the proper indication thereof on the front of this contract,and pays at the time of equipment rental,or any extension of said equipment rental,an additional sum equal to 14 percent of the gross equipment rental charges:b)Lessee takes reasonable precautions to protect equipment and does not intentionally damage said equipment;c)Lessee does not cause any Toss or damage by negligence,including but not limited to negligent use or operation of the equipment in a reckless or abusive manner_Notwithstanding the purchase of a Rental Protection Plan,Lessee shall nonetheless remain liable for a)25 percent of the manufacturer's list price not to exceed 525,000 for stolen equipment and b)50 percent of the cost of repairs of any damaged equipment. Nothing herein to the contrary,the following risks are expressly assumed by Lessee as its exclusive responsibility: a)Damages caused by use or operation of the equipment in a manner inconsistent with the manufacturer's instructions,or contrary to this contract;b)Loss or damage of accessory equipment such as welding leads, electric cords,bits,batteries,hoses,tires,tubes or harnesses,eta;c)Loss due to operation of the equipment by a person other than an authorized operator per the contract or any dishonest act by Lessee or by persons)entrusted by Lessee with the equipment,including Lessee's employees,subcontractors or agents:d)Loss of damage due to Flood,storm,earthquake or other external causes;e)Loss or damage due to exceeding rated capacity,misuse,abuse,negligence,or improper servicing of equipment:f)Seizure or destruction of equipment by order of governmental authority:g)All loss or damage caused by vandalism,malicious mischief,disappearance,theft or wrongful conversion of equipment not reported by Lessee promptly(within 24 hours)to the police and Lessor by filing a formal written theft,vandalism or conversion report:h)All loss or damage to equipment resulting from nuclear reaction or radiation,or radioactive contamination from any other cause;0 Loss or damage as a result of the striking of overhead objects with equipment:j)Loss or damage to equipment occurring during the loading,unloading or transportation by Lessee;k)Loss due to the equipment being upset or rolling over;m)Loss or damage to equipment due to the exposure and contamination from hazardous material. This rental protection plan will not be effective unless at the time of such loss or damage the Lessee's account with Lessor is current. In any event,accrued rental charges cannot be applied against the purchase,or the cost of repair,of damaged,stolen or lost equipment, In the event of any loss,damage or destruction to equipment,Lessor will be subrogated to any rights of Lessee to recover against any person,firm or corporation. Lessee will execute and deliver to Lessor whatever instruments and papers are required,and take all other necessary steps to secure in Lessor such rights. Lessee will cooperate fully with Lessor and/or its insurers)in the prosecution of those rights and will neither take nor permit nor suffer any action to prejudice Lessor's or its insurer's rights with respect thereto. The rental protection plan is not insurance and does not protect Lessee from its negligence,nor from liability to others arising out of possession use or operation of equipment 09/09 13450 BRITTON PARK ROAD MacAllister � FISHERS, 8- 70038 317-598 9700 Rental SiORfa MacAllister Rental, LLC Contract No. Invoice No. Date Please Remit All Payments to: 1002814 R64100281401 08JAN2014 Page 1 MacAllister Rental, LLC P.O. Box 660200 Indianapolis, IN 46266-0200 10:30 AM SALES INVOICE s_ O - 1174560 CARMEL CLAY PARKS & REC _ ADMIN OFFICE 1411 E 116TH ST 1 CARMEL CLAY PARK 36517 CARMEL, IN 46032 ' Phone: 317-571-2695 ADMIN OFFICE. CARMEL DAWN KOEPPER Fax: 317-571-4136 WYNDREWC 00080 Qty B/O Item Number Bin Loc Unit Price Amount 1': BuSHING . ou EA 6 54 6.54 KUBK2561-42140 1 BOLT, HEX * EA 31 31 KUB75599-01215 1 WASHER LOCK PLTD 5 EA . 15 .15 KUB75599-33012 11' WASHER......F,;LAT 5'/16 EA 11 11 KUB75599 32112 1 RDD`I EA 9.:06 9.06 KUB75536-62162 1 JOINT ROD END `'--" VT�TFiE) EA 20 .91 20.91 KUB75532 62262 LL JAN y �n1A 1 ! NUT HEX >( 5/16i- 24U 'V 8 UY EA 21 21 KUB75599 31022 l P LN> � SY; EA 2..27 2.27 KUB75540-62190 1 SAE WASHER EA . 10 .10 KUB75599-32009 1 PINI COTTER PLTD 1/ EA 31 31 KUB7E599-53111 PIN SNAPi EA 57 57 KUB05525 60500 1 LEVER CONTROL EA 58.97 58.97 - KUB7J240-62210 CONTINUED 317-598-1482 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 RMPSLS IMJ-201M MASTER RENTAL AGREEMENT TERMS AND PROVISIONS r, I. MacAllister hereby agrees to lease to the named Lessee,meaning all lessees jointly and severally,and Lessee hereby leases from MacAllister,under and subject to the terms and provisions hereof until the end of the term specified(Terip) the personal property described as"Equipment"rented together with all present and future attachments,replacement parts,repairs,and additions and all proceeds thereof, 2. It is understood between the parties that MacAllister is not the manufacturer of the equipment herein rented,nor the agent of the manufacturer of said equipment and-that no warranty against patent or latent defects in material,workmanship,or capacity is given,nor that said equipment Brill nice(the requirements of any lair,rules,specifications or contracts which provide for 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 warranty is made as to the year of manufacture of any equipment.MACALLISTER HEREBY DISCLAIMS ANY AND ALL WARRANTY,IMPLIED OR EXPRESSED,OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3. MacAllister shall use reasonable care to 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 or test in writing,in which event the Lessee will be notified of the time and place of such operation and test,and shall be permitted to be present during said operation and test. If having requested it,Lessee fails to be present at the time of operation and lest,Lessee agrees that said equipment as mored out is in proper operating condition. 4. The Lessee agrees to maintain the machinery and equipment in the same condition as when delivered to it by MacAllister,less normal wear and tear,and to pay all claims and damages to the equipment during the life of this contract,and to return said property in as good condition as when received by MacAllister,and to pay freight demurrage,storage,switching,drayage,trackage,or other charges against said equipment from the time the same shall leave MacAllister up to and including the time of its return to MacAllister.MacAllister reserves the right to charge Lessee for excessive undercarriage wear and tear. 5. For rubber tired equipment,Lessee acknowledges that repair and replacement of tires are not included in the rental rate and agrees to pay for the repair or replacement(with an 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,however,it is agreed rubber abrasions(gouges,tears,cuts,grooving,and removal of rubber in pieces)or damage to castings is not reasonable wear and tear. 6.The receipt and acceptance by Lessee of said equipment will constitute acknowledgement that said property has been accepted and found in good,safe and serviceable condition,and fit for use,unless Lessee makes claim to the contrary to MacAllister by registered mail with return receipt demanded,addressed to MacAllister's home office within three days after receipt of said equipment. The complaint shall set forth specifically and in detail the complete nature and condition of the property received. 7. Should any of the machinery,equipment,or appurtenances be received by Lessee from any drayman,railroad company or any other carrier transporting same in a damaged condition,or with any of the machinery,equipment,parts or appurtenances missing,it shall be the duty of Lessee to obtain from said drayman,railroad company or other carrier a written acknowledgement of the damage or shortage. The failure on the part of Lessee to obtain such statement or acknowledgement upon its receipt and acceptance of said machinery,equipment,parts and appurtenances shall be treated as an acceptance of said machinery,equipment,parts and appurtenances in good,safe,serviceable condition and fit for use. Any damage or loss which has occurred and is not covered by a written acknowledgement or statement as aforesaid,or which occurs after acceptance of said property,shall be repaired and replaced at the expense of Lessee. If the machinery,equipment,parts or appurtenances are damaged or lost in transportation and the Lessee Furnishes to MacAllister a written detailed acknowledgement and statement from the carrier setting forth the character of damage and loss, MacAllister agrees to use reasonable diligence in having said damage repaired and loss replaced within a reasonable time,but the equipment shall be deemed to have been delivered on the date of acceptance thereof from the carrier. 8. In the event of notice to MacAllister by Lessee that the equipment is not in good,safe and serviceable condition and fit for.use upon its arrival,MacAllister shall have the right to put said equipment in good,safe and serviceable condition and fit for use,within a reasonable time,or cancel this rental. 9. MacAllister shall not be liable in any event to the Lessee for any loss,delay,or damage of any kind of character resulting from defects in or deficiency of the equipment hereby rented or accidental breakage thereof. 10. Lessee shall immediately notify MacAllister of any accident involving the equipment. MacAllister may repair said machinery for the Lessee,using reasonable diligence to make said repairs upon demand. In the event any work is done outside of MacAllister's regular hours,by reason of which MacAllister shall be required to pay double time or other overtime charges-to its employees,or to anyone doing the work for Lessee,all such charges will be paid by Lessee to MacAllister. In the event of accident or breakage of any part of the equipment,and upon receiving written approval from MacAllister,Lessee may have the same repaired by any competent person,firm or corporation at its own expense or, upon notice to MacAllister as to such breakage or accident. 11. In the event Lessee accepts the machinery and equipment,as herein provided,and thereafter the said machinery pioves defective or unfit for use,or if for any reason Lessee desires to discontinue the use of said machinery or equipment, the only remedy of Lessee shall be to return the machinery to MacAllister and terminate this contract as herein elsewhere provided,by paying all rental charges and other charges herein provided for. 12. Lessee agrees to pay any and all charges for work or inspection by any labor union. MacAllister may,at its option,refuse to do any repair work on the equipment in time of strike,or any cause beyond its control,or in violation of any rale affecting the equipment MacAllister reserves the right to remove the equipment from the job at any time when,in its opinion,the equipment is in danger because of strike,war,civil disobedience,or any other condition which MacAllister determines-may threaten the equipment. 13. Lessee agrees to comply with and conform to all municipal,state and federal laws relating to the operation of said machinery and to pay all costs and expenses of every character occasioned or involving the use or operation of the machinery or equipment and to pay all legal assessments,taxes or public charges which may be levied upon said equipment while in the possession of the Lessee. 14. Lessee agrees to pay MacAllister for all loss and damages occasioned by fire,theft,flood,accident,explosion,wreck,and act of God or any other causes that may occur during the life of this rental,and until such machinery has been resumed to the possession of MacAllister and accepted by it. For the purpose of finding the valuation of said property in order to determine the loss,damage or injury thereto,it is agreed by the parties hereto that the value as herein before stated shall be a true and fast value forming a basis for such adjustment.When equipment leased is deemed to be a total loss.Lessee agrees to pay MacAllister the manufacturer's suggested price of the equipment. In making such adjustment it is understood that no rentals theretofore paid or due apply to the payment of such loss,and it is further understood that MacAllister shall solely make the deternination of whether the equipment is a total loss. 15. Lessee further agres to hold harmless and indemnify MacAllister from and against any and all loss,damage,expense,claim and/or penalty arising from any action on account of any injury to person or property of any character whatsoever occasioned by the operation,handling or transportation of any of the equipment during the rental period.and agrees to indemnify MacAllister from and against any and all such claims regardless of whether such loss was caused in part by the act,omission or negligence of MacAllister. 16. Lessee further agrees to insure all equipment rented from MacAllister with full insurance coverage as required herein,insuring the equipment against loss or damage arising from any cause whatsoever,including but not limited to earthquake,flood or mudslide.MacAllister will provide Lessee at the commencement of the tern of this Lease,and which shall be incorporated herein by reference,a separate document entitled"Equipment Rental Insurance Requirements" detailing the necessary coverages and terns thereof.but which temhs shall at least contain,but not by way of limitation,provision for:I.)MacAllister as a'loss payee'and`additional insured'as applicable:2.)waiver of subrogation against MacAllister and its insurers on all claims:3.)Lessee's insurance shall be primary and non contributory:and,4.)Providing said insurance to cover any and all damage arising from any or all perils,including but not limited to damage occasioned by fire,theft,flood,explosion,accident,vandalism,electrocution,act of God,or any other damage that may occur without limitation as to cause during the life of this rental. Lessee shall within one(1)day from the receipt of the equipment provide to MacAllister proof of insurance relative to the equipment from a carrier and in amounts acceptable to MacAllister. The proof of insurance shall contain at least(1)a certificate of insurance(2)naming MacAllister as additional insured and loss payee,(3)clearly describing coverage for the equipment,and(4)disclosing the name,address and phone number of the company providing the coverage. 17. The title to the property herein rented and to all replacements thereof or substitution thereof is,and shall remain,with MacAllister,and said machinery and equipment shall not become a part of any building by being placed therein or by being annexed thereto. Where the equipment is annexed to any property the Lessee shall furnish MacAllister with a landlord's release,which shall permit MacAllister to remove the equipment from said property at any time during the life of or after expiration of this contract. 18. The Lessee agrees,whenever requested by MacAllister,to give MacAllister the exact location of all of the machinery and equipment covered by this contract and further agrees to give MacAllister immediate notice of any levy attempted upon said equipment,or if said equipment from any cause becomes liable to seizure.and to indemnify MacAllister against all loss and damages caused by any such action. MacAllister shall have the privilege at all times of entering any job, building or location where the above property is being used for the purpose of inspection and reserves the privilege of removing said machinery and equipment without notice if it is being overloaded or taxed beyond its capacity or in any manner being abused or neglected. Lessee warrants that it has the express permission of all land owners upon whose land the equipment is used to so use the equipment Lessee further warrants that it will not move the equipment from one project to another without MacAllister's advance approval,which notice of movement shall be in writing. 19.This agreement cannot be assigned without the written consent of MacAllister. The equipment hereby rented shall not be sub-let without the written consent of MacAllister. 20. Should any of the provisions of this rental be violated by Lessee the rental for the entire period herein specified shall become forfli,uh due and payable and MacAllister,or its agents,may,without notice,enter the premises occupied by Lessee without being a trespasser thereon,and take possession of and remove said equipment with or without process of law. In the event of any action as hereinbefore set forth becomes necessary the Lessee agrees to pay,in addition to other charges herein specified,all costs of removal of said machinery from the possession of the Lessee and all freight,demurrtage,storage,labor or other charge on or against said property incurred dtiring the removal,shipping and return to the possession of MacAllister at its home office or equivalent point designated by MacAllister. 21. Lessee agrees to pay MacAllister all sums due hereunder when they become due. 22. Lessee agrees that if any of these provisions are breached and MacAllister demands the return of the equipment this rental agreement shall constitute authority to the watchmen or other persons responsible for the equipment to deliver all or any part of the equipment to MacAllister or its agents. 23. In case any matter is written or typed into this printed contract other than such as is necessary to fill in blanks provided herein,such matters shall be deemed an addition to the contract and it is specifically understood and agreed that such added matter is not in any manner whatsoever intended to alter the meaning or intention of the printed clauses of the contract and in case of conflict and inconsistency between the printed portions and the written or typed additions,the printed portions shall control any written or typed clause in conflict therewith and the latter shall be treated as void. ' 24. Both MacAllister and Lessee agree that no modifications of this agreement shall be binding upon MacAllister unless such modification,cancellation,addition thereto or notation shall be in writing duly signed by MacAllister and duly approved by an officer of MacAllister at the home office of MacAllister. 25, This rental before becoming effective must be approved by an Officer or other authorized representative of MacAllister. 26. MacAllister may execute,file and sign Lessee's name to a financing statement or file a financing statement signed only by MacAllister covering equipment or goods delivered or to be delivered to Lessee under this agreement for "information purposes"or otherwise and also coveting proceeds and future advances. This agreement constitutes a reservation of title or Security Agreement with reference to such transactions. 27.This agreement and acceptance of this-agreement is subject to corrections for arithmetic errors in computation. 28. MacAllister reserves the right to replace a rental unit with a like rental unit, 29. Lessee agrees to maintain the rented equipment per factory recommended lubrication and maintenance intervals and keep scheduled oil sample records. MacAllister reserves the right to ask for maintenance records for the rental period. Should.said maintenance records not be available and factory recommended service maintenance is required,MacAllister will perform the appropriate service work at the Lessees expense._- 30. MacAllister's rental machines will be full of fuel when they leave MacAllister's premises. Lessee agrees to return said rental equipment full of fuel or be charged with appropriate fuel backcharge. 31. RATES. Rates are based on one shift operation-8 hour/day,5 day/week or 40 hour/week,160 hour/4 week rental month. Unless quoted otherwise,hours used in excess of"one"shift(i.e.in excess of 8 hours per day or 40 hours per week or 160 hours per month)will result in an additional shift rate being charged,and hours used in excess of a two shift operation(i.e.greater than 16 hours/day,80 hours/week or 320 hours/morlh)shall result in yet an additional one shift rate being charged. 32. Aggregation Clause: The terms and conditions of this Master Rental Agreement shall cover all equipment,machinery and appurtenances leased by Lessee from MacAllister both presently and in the future. It is the intent of MacAllister and Lessee that this Master Rental Agreement shall be constmed as,and shall be,the only rental agreement between the parties,even though Lessee may hereafter execute additional Master Rental Agreements. For instance,if Lessee leases one piece of equipment from MacAllister under this agreement in January,then another in May,both pieces of equipment shall be construed as having been leased under one agreement this Master Rental Agreement. 33, Damage Waiver: Lessee specifically acknowledges that the payment of a fire,theft,or vandalism damage waiver with respect to any equipment leased from MacAllister does not satisfy Lessee's obligation to insure the equipment nor absolve Lessee of damage to the equipment caused by the negligence or carelessness of Lessee. The damage waiver does not insure Lessee front damage to the equipment caused by Lessee,its agents,or others acting under Lessee's control or operation of the equipment with Lessee's active or constructive permission. - 34. Jurisdiction: The parties agree that any disputes arising hereunder shall be resolved in the courts of Marion County,Indiana,and Lessee specifically subjects itself to the jurisdiction thereof. Further,Lessee agrees that in the event MacAllister is required to employee an attorney for the purpose of enforcing the terms and conditions hereof,or with respect to the collection of any amount due hereunder,MacAllister shall be entitled to recover its attorneys fees,cost of collection,and all other reasonable expenses associated with such proceeding. 35. Accidents: Without demand Lessee shall notify Lessor immediately(and in any event within twenty-Cour(24)hours thereafter)of each accident involving any equipment covered by this Master Rental Agreement. Lessee shall include such information as is known,including,but not limited to the ohne,place,and nature of the accident or damage,the names and addresses of parties-involved in the accident(s),including but not limited to persons injured,witnesses,and owners of propcay damaged. Lessee shall promptly advise Lessor of all correspondence,papers,notices,or documents whatsoever,received by Lessee in connection with any claim or demand involving or relating to any equipment or its operation and,together with Lessee's employees aid in the investigation and defense of all such claims and demands,and in the recovery of damages from third parties liable therefore. 36. Rental Protection Plan: This paragraph is in force provided Lessee a)accepts the"Rental Protection Plan"through the proper indication thereof on the front of this contract,and pays at the time of equipment rental,or any extension of said equipment rental,an additional sum equal to 14 percent of the gross equipment rental charges;b)Lessee takes reasonable precautions to protect equipment and does not intentionally damage said equipment:c)Lessee does not cause any loss or damage by negligence,including but not limited to negligent use or operation of the equipment in a reckless or abusive manner. Notwithstanding the purchase of a Rental Protection Plan,Lessee shall nonetheless remain liable for a)25 percent of the manufacturer's list price not to exceed 525,000 for stolen equipment and b)50 percent of the cost of repairs of any damaged equipment. Nothing herein to the contrary,the following risks are expressly assumed by Lessee as its exclusive responsibility: a)Damages caused by use or operation of the equipment in a manner inconsistent with the manufacturer's instructions,or contrary to this contract;b)Loss or damage of accessory equipment such as welding leads, electric cords,bits,batteries,hoses,tires,tubes or harnesses,etc.;c)Loss due to operation of the equipment by a person other than an authorized operator per the contract or any dishonest act by Lessee or by persons)entrusted by Lessee with the equipment,including Lessee's employees,subcontractors or agents:d)Loss of damage due to flood,storm,earthquake or other external causes;e)Loss or damage due to exceeding rated capacity,misuse,abuse,negligence,or improper servicing of equipment;I)Seizure or destruction of equipment by order of governmental authority:g)All loss or damage caused by vandalism,malicious mischief,disappearance,theft or wrongful conversion of equipment not reported by Lessee promptly(within 24 hours)to the police and Lessor by filing a formal written theft,vandalism or conversion report:h)All toss or damage to equipment resulting from nuclear reaction or radiation,or radioactive contamination from any other cause;if Loss or damage as a result of the striking of overhead objects with equipment:j)Loss or damage to equipment occurring during the loading,unloading or transportation by Lessee;k)Loss due to the equipment being upset or rolling over;m)Loss or damage to equipment due to the exposure and contamination from hazardous material. This rental protection plan will not be effective unless at the time of such loss or damage the Lessee's account with Lessor is current. In any event,accrued rental charges cannot be applied against the purchase,or the cost of repair,of damaged,stolen or lost equipment. In the event of any loss,damage or destruction to equipment,Lessor will be subrogated to any rights of Lessee to recover against any person,firm or corporation. Lessee will execute and deliver to Lessor whatever instruments and papers are required,and take all other necessary steps to secure in Lessor such rights. Lessee will cooperate fully with Lessor and/or its insurer(s)in the prosecution of those rights and will neither take nor permit nor suffer any action to prejudice Lessor's or its insurer's rights with respect thereto.The rental protection plan is not insurance and does not protect Lessee from its reg erica nor from liability to others arsine out of possession use or operation orequipment. 09/09 13450 BRITTON PARK ROAD MacAllister FISHERS, 038 1 H f 317-598-8-970700 Reattal S10 REz MacAllister Rental, LLC Contract No. Invoice No. Date::: : ef-ease Remit All Payments to: 1007581 R64100758101 15JAN2014 Page 1 MacAllister Rental, LLC P.O. Box 660200 npolis, IN 46266-020 2:08 PM SALESINVOICE 1174560 CARMEL CLAY PARKS & REC _ ADMIN OFFICE 1411 E 116TH ST 1 CARMEL CLAY PARK XX-97 CARMEL, IN 46032 ' Phone: 317-571-2695 ` ADMIN OFFICE, CARMEL Fax: 317-571-4136 WYNDREWC 00201 Qty B/O Item Number Bin Loc Unit Price Amount E.°. 91 7:7 91.77 KUB7C�000 01086 2 SHDE- SKID EA 30.;54 61.08 KUB70000-01095 R: t:' rRD JAN >21 2014 BY: I bW CJd-L XX_ q1 X It25-+�-t3 'ln o . Sub-total 152.85 Total 152.85 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 FMPSLS (03J­20M MASTER RENTAL AGREEMENT TERMS AND PROVISIONS 1. MacAllister hereby agrees to lease to the named Lessee,meaning all lessees jointly and severally.and Lessee hereby leases from MacAllister,under and subject to the terms and provisions hereof until the end of the term specified(Term) the personal property described as"Equipment'rented together with all present and future attachments.replacement parts,repairs,and additions and all proceeds thereof. 2. It is understood between the parties that MacAllister is not the manufacturer of the equipment herein rented,nor the agent of the manufacturer of said equipment and that no warrant against patent or latent defects in material,workmanship,or capacity is given,nor that said equipment will meet the requirements of any law,rules,specifications or contracts which provide for specific machin-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 warranty is made as to the year of manufacture of any equipment.MACALLISTER HEREBY DISCLAIMS ANY AND ALL WARRANTY,IMPLIED OR EXPRESSED,OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3. MacAllister shall use reasonable care to 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 testis deemed necessary by MacAllister or unless Lessee shall request such operation or test in writing,in which event the Lessee will be notified of the bine and place of such operation and test,and shall be permitted to be present during said operation and test. If having requested it,Lessee fails to be present at the time of operation and test,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 same condition as when delivered to it by MacAllister,less normal wear and tear,and to pay all claims and damages to the equipment during the life of this contract.and to return said property in as good condition as when received by MacAllister.and to pay freight demurrage,storage,switching,dmyage,trackage,or other charges against said equipment from the time the same shall leave MacAllister up to and including the time of its return to MacAllister. MacAllister reserves the right to charge Lessee for excessive undercarriage wear and tear. 5. For robber tired equipment,Lessee acknowledges that repair and replacement of tires are not included in the rental rate and agrees to pay for the repair or replacement(with an 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,however,it is agreed rubber abrasions(gouges,tears,cuts,grooving,and removal of rubber in pieces)or damage to castings is not reasonable wear and tear. 6. The receipt and acceptance by Lessee of said equipment will constitute acknowledgement that said property has been accepted and found in good,safe and serviceable condition,and fit for use,unless Lessee makes claim to the contrary to MacAllister by registered mail with return receipt demanded,addressed to MacAllister's home office within three days after receipt of said equipment The complaint shall set forth specifically and in detail the complete nature and condition of the property received. 7. Should any of the machinery,equipment,or appurtenances be received by Lessee from any drayman,railroad company or any other carrier transporting same in a damaged condition,or with any of the machinery,equipment.parts or appurtenances missing,it shall be the duty of Lessee to obtain from said drayman,railroad company or other carrier a written acknowledgement of the damage or shortage. The failure on the part of Lessee to obtain such statement or acknowledgement upon its receipt and acceptance of said machinery,equipment,parts and appurtenances shall be treated as an acceptance of said machinery,equipment,parts and appurtenances in good,safe,serviceable condition and fit for use. Any damage or loss which has occurred and is not covered by a written acknowledgement or statement as aforesaid,or which occurs after acceptance of said property,shall be repaired and replaced at the expense of Lessee. If the machinery,equipment,parts or appurtenances are damaged or lost in transportation and the Lessee furnishes to MacAllister a written detailed acknowledgement and statement from the carrier setting forth the character of damage and loss, MacAllister agrees to use reasonable diligence in having said damage repaired and loss-replaced within a reasonable time.but the equipment shall be deemed to have been delivered on the date of acceptance thereof from the carrier. 8, hn the event of notice to MacAllister by Lessee that the equipment is not in good,safe and serviceable condition and fit for use upon its arrival,MacAllister shall have the right to put said equipment in good,safe and serviceable condition and fit for use,within a reasonable time,or cancel this rental 9.MacAllister shall not be liable in any event to the Lessee for any loss,delay,or damage of any kind of character resulting from defects in or deficiency of the equipment hereby rented or accidental breakage thereof. 10. Lessee shall immediately notify MacAllister of any accident involving the equipment. MacAllister may repair said machinery for the Lessee,using reasonable diligence to make said repairs upon demand. In the event any work is done outside of MacAllister's regular hours,by reason of which MacAllister shall be required to pay double time or other overtime charges to its employees,or to anyone doing the work for Lessee,all such charges will be paid by Lessee to MacAllister. In the event of accident or breakage of any part of the equipment.and upon receiving written approval from MacAllister.Lessee may have the same repaired by any competent person,firm or corporation at its own expense or, upon notice to MacAllister as to such breakage or accident. 11. In the event Lessee accepts the machinery and equipment,as herein provided,and thereafter the said machinery proves defective or unfit for use,or if for any reason Lessee desires to discontinue the use of said machinery or equipment, the only remedy of Lessee shall be to return the machinery to MacAllister and terminate this contract as herein elsewhere provided,by paying all rental charges and other charges herein provided for. 12. Lessee agrees to pay any and all charges for work or inspection by any labor union. MacAllister may,at its option,refuse to do any repair work on the equipment in time of strike,or any cause beyond its control,or in violation of any rule affecting the equipment MacAllister reserves the right to remove the equipment from the job at any time when,in its opinion,the equipment is in danger because of strike,war,civil disobedience,or any other condition which MacAllister determines may threaten the equipment. 13. Lessee agrees to comply with and conform to all municipal,state and federal laws relating to the operation of said machinery and to pay all costs and expenses of every character occasioned or involving the use or operation of the machinery or equipment,and to pay all legal assessments,taxes or public charges which may be levied upon said equipment while in the possession of the Lessee. 14. Lessee agrees to pay MacAllister for all Toss and damages occasioned by fire,theft,flood,accident,explosion,wreck,and act-of God or any other causes that may occur during the life of this rental,and until such machinery has been returned to the possession of MacAllister and accepted by it. For the purpose of finding the valuation of said property in order to determine the loss,damage or injury thereto,it is agreed by the parties hereto that the value as herein before stated shall be a tme and fast value forming a basis for such adjustment. When equipment leased is deemed to be a total loss.Lessee agrees to pay MacAllister the manufacturer's suggested price of the equipment. In making such adjustment it is understood that no rentals theretofore paid or due apply to the payment of such loss,and it is further understood that MacAllister shall solely make the determination of whether the equipment is a total loss. 15. Lessee further agres to hold harmless and indemnify MacAllister from and against any and all loss,damage,expense,claim and/or penalty arising from any action on account of any injury to person or property of any character whatsoever occasioned by the operation,handling or transportation of any of the equipment during the rental period,and agrees to indemnify MacAllister from and against any and all such claims regardless of whether such loss was caused in part by the act,omission or negligence of MacAllister. 16. Lessee further agrees to insure all equipment rented from MacAllister with full insurance coverage as required herein,insuring the equipment against loss or damage arising from any cause whatsoever,including but not limited to earthquake,flood or mudslide.MacAllister will provide Lessee at the commencement of the term of this Lease,and which shall be incorporated herein by reference,a separate document entitled"Equipment Rental Insurance Requirements" detailing the necessary coverages and terms thereof,but which terms shall at least contain,but not by way of limitation,provision for:1.)MacAllister as a'loss payee'and`additional insured'as applicable;2.)waiver of subrogation against MacAllister and its insurers on all claims;3.)Lessee's insurance shall be primary and non contributory:and,4.)Providing said insurance to cover any and all damage arising from any or all perils,including but not limited to damage occasioned by fire,theft,flood,explosion,accident,vandalism,electrocution, act of God,or any other damage that may occur without limitation as to cause,during.the life of this rental. Lessee shall within one(I)day from the receipt of the equipment provide to MacAllister proof of insurance relative to the equipment from a carrier and in amounts acceptable to MacAllister The proof of insurance shall contain at least(1)a certificate of insurance(2)naming MacAllister as additional insured and loss payee,(3)clearly describing coverage for the equipment,and(4)disclosing the name,address and phone number of the company providing the coverage. 17. The title to the property herein rented and to all replacements thereof or substitution thereof is,and shall remain,with MacAllister,and said machinery and equipment shall not become a part of any building by being placed therein or by being annexed thereto. Where the equipment is annexed to any property the Lessee shall fumish MacAllister with a landlord's release,which shall permit MacAllister to remove the equipment from said property at any time during the life of or after expiration of this contract. 18-'The Lessee agrees,whenever requested by MacAllister,to give MacAllister the exact location of all of the machinery and equipment covered by this contract and further agrees to give MacAllister immediate notice of any levy attempted upon said equipment,or if said equipment from any cause becomes liable to seizure,and to indemnify,MacAllister against all loss and damages caused by any such action. MacAllister shall have the privilege at all times of entering any job, building or location where the above property is being used for the purpose of inspection and reserves the privilege of removing said machinery and equipment without notice if it is being overloaded or taxed beyond its capacity or in any manner being abused or neglected. Lessee warrants that it has the express permission of all land owners upon whose land the equipment is used to so use the equipment. Lessee further warrants that it will not move the equipment from one project to another without MacAllister's advance approval,which notice of movement shall be in writing. 19.This agreement cannot be assigned without the written consent of MacAllister. The equipment hereby rented shall not be sub-let without the written consent of MacAllister, 20. Should any of the provisions of this rental be violated by Lessee the rental for the entire period herein specified shall become forthwith due and payable and MacAllister,or its agents,may,without notice,enter the premises occupied by Lessee without being a trespasser thereon,and take possession of and remove said equipment with or without process-of law. In the event of any action as hereinbefore set forth becomes necessary the Lessee agrees to pay,in addition feather charges herein specified,all costs of remobal ofsaid machinery from the possession of the Lessee and all freight,demurrage,storage,labor or other charge on or against said property incurred during the removal,shipping and return to the possession of MacAllister at its home office or equivalent pomi designated by MacAllister , 21. Lessee agrees to pay MacAllister all sums due hereunder when they become due. 22. Lessee agrees that if any of these provisions are breached and MacAllister demands the return of the equipment this rental agreement shall constitute authority to the watchmen or other persons responsible for the equipment to deliver all or any part of the equipment to MacAllister or its agents. 23. In case any matter is written or typed into this printed contract other than such as is necessary to fill in blanks provided herein,such matters shall'be deemed an addition to the contract and it is specifically understood and agreed that such added matter is not in any manner whatsoever intended to alter the meaning or intention of the printed clauses of the contract and in case of conflict and inconsistency between the printed portions and the written or typed additions,the printed portions shall control any written or typed clause in conflict therewith and the latter shall be treated as void. 24. Both MacAllister and Lessee agree that no modifications of this agreement shall be binding upon MacAllister unless such modification,cancellation,addition thereto or notation shall be in writing duly signed by MacAllister and duly approved by an officer of MacAllister at the home office of MacAllister. 25.This rental before becoming effective must be approved by an Officer or other authorized representative of MacAllister. 26. MacAllister may execute,file and sign Lessee's name to a financing statement or file a financing statement signed only by MacAllister covering equipment or goods delivered or to be delivered to Lessee under this agreement for "information purposes"or otherwise and also covering proceeds and future advances. This agreement constitutes a reservation of title or Security Agreement with reference to such transactions. 27. This agreement and acceptance of this agreement is subject to corrections for arithmetic errors in computation. 28. MacAllister reserves the right to replace a rental unit with a like rental unit. 29. Lessee agrees to maintain the rented equipment per factory recommended lubrication and maintenance intervals and keep scheduled oil sample records. MacAllister reserves the tight to ask for maintenance records for the rental period. Should said maintenance records-not-he available and-factory-recommended service maimenence is required,MacAllister will perform the appropriateservice work at the Les'see's expense - 30.MacAllister's rental machines will be full of fuel when they leave MacAllister's premises. Lessee agrees to return said rental equipment full of fuel or be charged with appropriate fuel backcharge. 31. RATES. Rates are based on one shift operation-8 hour/day,5 day/week or 40 hour/week.160 hour/4 week ramal month. Unless quoted otherwise,hours used in excess of"one"shift(i.e.in excess of 8 hours per day or 40 hours per week or)60 hours per month)will result in an additional shift rate being charged,and hours used in excess of a two shift operation(i.e.greater than 16 hours/day,80 hours/week or 320 hours/month)shall result in yet an additional one shift rate being charged. 32. Aggregation Clause: The terms and conditions of this Master Rental Agreement shall cover all equipment,machinery and appurtenances leased by Lessee from MacAllister both presently and in the future. It is the intent of MacAllister and Lessee that this Master Rental Agreement shall be construed as,and shall be,the only rental agreement between the parties,even though Lessee may hereafter execute additional Master Rental Agreements. For instance,if Lessee leases one piece of equipment from MacAllister under this agreement in January,then another in May,both pieces of equipment shall be construed as having been leased under one agreement:this Master Rental Agreement. 33. Damage Waiver Lessee specifically acknowledges that the payment of a fire,theft,or vandalism damage waiver with respect to any equipment leased from MacAllister does not satisfy Lessee's obligation to insure the equipment nor absolve Lessee of damage to the equipment caused by the negligence or carelessness of Lessee. The damage waiver does not insure Lessee from damage to the equipment caused by Lessee,its agents,or others acting under Lessee's control or operation of the equipment with Lessee's active or constructive permission. 34. Jurisdiction: The parties agree that any disputes arising hereunder shall be resolved in the courts of Marion County,Indiana,and Lessee specifically subjects itself to the jurisdiction thereof. Funher,Lessee agrees that in the event MacAllister is required to employee an attorney for the purpose of enforcing the terms and conditions hereof,or with respect to the collection of any amount due hereunder,MacAllister shall be entitled to recover its attorneys fees,cost of collection,and all other reasonable expenses associated with such proceeding. 35. Accidents: Without demand Lessee shall notify Lessor immediately(and in any event,within twenty-four(24)hours thereafter)of each accident involving any equipment covered by this Master Rental Agreement. Lessee shall include such information as is known,including,but not limited to the time,place,and nature of the accident or damage,the names and addresses of parties involved in the accident(s),including but not limited to persons injured,witnesses,and owners of property damaged. Lessee shall promptly advise Lessor of all correspondence,papers,notices,or documents whatsoever,received by Lessee in connection with any claim or demand involving or relating to any equipment or its operation and,together with Lessee's employees aid in the investigation and defense of all such claims and demands,and in the recovery of damages from third parties liable therefore. 36. Rental Protection Plan: This paragraph is in force provided Lessee a)accepts the"Rental Protection Plan'through the proper indication thereof on the front of this contract,and pays at the tune of equipment rental,or any extension of said equipment rental,an additional Sum equal to 14 percent of the gross equipment rental charges:b)Lessee takes reasonable precautions to protect equipment and does not intentionally damage said equipment:c)Lessee does not cause any loss or damage by negligence,including but not limited to negligent use or operation of the equipment in a reckless or abusive manner. Notwithstanding the purchase of a Rental Protection Plan,Lessee shall nonetheless remain liable for a)25 percent of Clic manufacturer's list price not to exceed S25,000 for stolen equipment and b)50 percent of the cost of repairs of any damaged equipment. Nothing herein to the contrary,the following risks are expressly assumed by Lessee as its exclusive responsibility: a)Damages caused by use or operation of the equipment in a manner inconsistent with the manufacturer's instructions,or contrary to this contract:b)Loss or dainage of accessory equipment such as welding leads, electric cords,bits,batteries,hoses,tires,tubes or harnesses,etc.;c)Loss due to operation of the equipment by a person other than an authorized operator per the contract or any dishonest act by Lessee or by persons)entrusted by Lessee with the equipment,including Lessee's employees,subcontractors or agents:d)Loss of damage due to flood,storm,earthquake or other external causes;e)Loss or damage due to exceeding rated capacity,misuse,abuse,negligence,or improper servicing of equipment:f)Seizure or destruction of equipment by order of governmental authority;g)All loss or damage caused by vandadism,malicious mischief,disappearance,theft or wrongful conversion of equipment not reported by Lessee promptly(within 24 hours)to the police and Lessor by filing a formal written theft,vandalism or conversion report:h)All loss or damage to equipment resulting from nuclear reaction or radiation,or radioactive contamination from any other cause;if Loss or damage as a result of the striking of overhead objects with equipment;j)Loss or damage to equipment occurring during the loading,unloading or transportation by Lessee;k)Loss due to the equipment being upset or rolling over:m)Loss or damage to equipment due to the exposure and contamination from hazardous material. This rental protection plan will not be effective unless at the time of such loss or damage the Lessee's account with Lessor is current ht any event,accrued rental charges cannot be applied against the purchase,or the cost of repair,of damaged,stolen or lost equipment. In the event of any loss,damage or destruction to equipment,Lessor will be subrogated to any rights of Lessee to recover against any person,firm or corporation. Lessee will execute and deliver to Lessor whatever instruments and papers are required,and take all other necessary steps to secure in Lessor such rights. Lessee will cooperate fully with Lessor and/or its insurer(s)in the prosecdtion of those rights and will neither take nor permit nor suffer any action to prejudice Lessor's or its insurer's rights with respect thereto. The rental protection plan is not insurance and does not protect Lessee from its negligence,nor from liability to others arising out of Doss ession use or operation of eoumment 09/09 ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of 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. 00351502 MacAllister Machinery Co., Inc. Terms P.O. Box 660200 Indianapolis, IN 46266-0200 Invoice Irivoice- :Description Date Number (or note attached invoice(s) or bill(s)) PO# Amount 12/16/13 R81098506301 Repair parts for Kubota equipment 36426 F $ 832.49 1/8/14 R641,002814.01 Repair parts for Kubota RTV _ 36517 $ _ 622.56 _. 1/15/14 R64100758101 Snowblade repair parts Kubota RTV 900 xx-97 $ 152.85 Total $ 1,607.90 1 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. 00351502 MacAllister Machinery Co., Inc. Allowed 20 P.O. Box 660200 Indianapolis, IN 46266-0200 In Sum of$ $ 1,607.90 ON ACCOUNT OF APPROPRIATION FOR 101 General Fund PO#or INVOICE NO. ACCT#/TITLE AMOUNT Board Members Dept# 36426 F R81098506301 4237000 $ 832.49 1 hereby certify that the attached invoice(s), or 36517 F 864100281401 4237000 $ 622.56 bill(s) is(are)true and correct and that the 1125 R64100758101 4237000 $ 152.85 materials or services itemized thereon for which charge is made were ordered and received except 21-Jan 2014 Signature $ 1,607.90 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund x