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HomeMy WebLinkAboutEmergency Rental Contract - Service One Access, Inc. - Lift Truck Rental for MPAC1316 COUNTY -CITY BuiLDING 227 W.h,',i�i+,moN 13ouLEVARD SOUTH [IFNI). INDIANA 46601-1930 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR 130ARD OF PUBLIC WORKS October '9, 2018 Nicholas Rchn-DeBraal Service One Access, Inc. 2850 W. Fulton Street Chicago, IL 60612 RE: Emergency Rental Contract Dear Mr. Rehm-DeBraal: PHOW 574/235-925t FAX 574/ 235-9171 The Board of Public Works, at its meeting held on October 9, 2018, approved the above referenced contract regarding lift truck rental for the Morris Performing Arts Center falling plaster repair in the amount of $5,700. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerl,,, Enclosure GAizy A. GILOT SUZANNA M, FRITZBI"LwELIZABETI i A. MARADIK JAMT:s A. THFRFSFJ, DORAU SERVICE ONE ACiCESS, INC, DATE: August 31, 2018 BILL TO: Alicia Czarnecki Morris Performing Arts Center 211 N. Michigan Street South Bend, IN 46601 PHONE: 5,74-245-6074 FAX: 574-235-9729 E-MAIL: aczarnec@s,outhbendin.gov TENTATIVE DELIVERY DATE: August 31, 2018 Aerial Lift Rental, Sales & Service Denka, Reach Master & Crawler Lifts • Scaffold Rental & Rigging Experts Sidewalk Canopies & Overhead Protection 0 Permanent & Temporary Access Solutions SHIP TO: Morris Performing Arts Center 211 N. Michigan Street South Bend, IN 46601 ORDER PIUKUP NUMULK, SALESPERSON: Nicholas Rohn-DeBraal QTY I DESCRIPTION RATES* PER DAY PER WEEK I PER 4 WEEKS I Reach -Master FS95 Boom Lift Rental $1,700.00 $ MOO= $15,000,00 Delivery and Pickup: $ 300.00 Each Way Installation: Included in delivery cost, unless ramps, hoisting, or shoring, etc. is required for installation. Operator / On -Site Coordinator: Due to the unique features of the Reach -Master, in addition, to the operator(s), a competent person fully trained in the emergency lowering procedures must be on site with the operatoir(s). Service One Access, Inc. shall provide "familiarization" at the delivery and installation phase. Upon request, an experienced operator may be provided by Service One Access, Inc., and shall be billed at the following rates: Straight Time !3ate: $ 70.010 per man per hour (Monday -Friday 6,.30am-3:300m) Oyertime Rate: $105.00 per man per hour (Monday -Friday 3:30pm-6:30am, Saturday 6:30am-3:30pm) Double Time Rate: $140.00 per man per hour (Saturdays after 3:30pm, Sundays and Holidays) Note: For local rentals Operator's rates include travel time at a four (4) hour minimum. For rentals that are outside of a 30 mile radius of our Chicago office Operator's travel time shall be billed at the applicable hourly rate, plus expenses. Applicable State & Local Use Tax: Morris Performing Arts Center agrees and certifies that remittance of all applicable state and local use tax shall be the responsibility of Morris Performing Arts Center. ONQV90 Reard of Nhfio Works qW Customer's Signature ,fit Prifit Name 2850 W. Fulton Street, Chicago, IL 60612 Tall Free 800.298.7990 Phone 773.533.5100 Fax 773.533.3088 www.servIceoneaccess.com WlAnAy rnnrh.mnc+ar rnm s Aerial Life Rental, Sales & Service i Denka, R.eachMaster & Crawler Lifts • Scaffold Rental & Rigging Experts r Sidewalk canopies or Overhead Protection INC Permanent & TemporarAccess Solutions ONE ACCESS, 0 CERTIFICATE OF INSURANCE: The customer agrees to provide a certificate of Insurance to the Company naming Service One Access, Inc, as toss payee In regards for the Denke Lift. Certificate shall also show evidence of workman'& compensation coverage for any person(s) who shall be operating the lift, DAMAGE WAIVER: Service one Access„ Inc.„ Its agents and affiliates, hereby referred to as 'The Company", agrees to waive certain damage claims against the Customer In consideration of the Customer's payment of 18% of gross rental charge or $180.00 per day. By accepting the Damage Waiver, the Company and the Customer agree that the Company waives any claim against the customer for physical damage to the equipment, however caused, except as follows: a) Breach of the Rental Contract; b) Damage as a result of Theft, Vandalism, Malicious Mischief, or Intentional Abuse; c) Damage from overloading or exceeding the rated capacity of the equipment or damage resulting from striking overhead objects; d) Damage to tires and tubes caused by blow, out, bruises, cuts or other normal services of the equipment; e) Damage to motors or other electrical appliances or devices caused by artificial electrical current; f ) Damage caused by infidelity of the Customer, Its employees or persons to whom the equipment is entrusted; g) Damage resulting from lack of lubrication or other normal servicing of the equipment; and h) Damage due to a violation of the instruction manual provided to the Customer. This provision notwithstanding, the Customer shall nevertheless be liable for the first One Thousand dollars ($1,000.00) of damage to the equipment. I Agree to Accept YDecline Damage Waiver Per OSHA 11926.502(d)(20): 'The employer/lessor shall provide for prompt rescue of employees in the event of a fall or assure that employees are able to rescue themselves. FALL PROTECTION: OSHA requires the use of a full body harness to be worn at all times for operators of boom lifts, and this equipment must be provided by the Customer at the time of delivery. An approved full body harness and shock absorbing lanyard may be purchased from Service one Access for$150.00. I Agree to Accept purchase of fall protection system Decline (Customer shall provide) qr u Torko Customer's SignatiX ,. 2850 W. Fulton Street:, Chicago, IL 60612 Toll Free 800.298.7990 Phone 77.5331.5100 Fax 773.533.3088 www.serviceaneaccess.com UnAnA.e r anrh.m:9 ctar^ t'nm RENTAL CONTRACT TERMS AND CONDITIONS The following terms and conditions are hereby agreed to between the Customer and Service One Access, Inc., its agents and affiliates, hereby referred to as "the Company": 1, The Customer acknowledges receipt of the equipment In good condition and agrees to return it In the same condition as received. The Customer further warrants that insurance pollcles, including workman compensation coverage for the company's employees and subcontractors, property damage and public liability coverage, sufficient to insure against any reasonably anticipated loss are in full force and effect. 2. The Customer shall not use the equipment for any unlawful purpose and shall fulfill all requirements of safety codes, local, state and. federal. The Customer agrees to and shall, instruct all users of the equipment including the Customer's employees, on the proper use of the equipment. The Customer further agrees that it will NOT allow any person to use the equipment unless that person is of suitable age, qualified and has been instructed on the proper use of the equipment as detailed in the Instruction manuals, warning labels and instructional labels. 3. The Customer agrees to notify the Company immediately in writing in case of accident or damage to the equipment or to person or property. 4. The Customer shall not permit the equipment to be removed from Its possession, and under no circumstances shall the equipment be used by any person except the Customer, a member of the Customer's immediate family, or an employee of the Customer in the course of such employee's regular and usual employment by the Customer. 5. The Customer may not sublease, assign or lend the equipment without the Company's written permission. Any purported assignment of this agreement or equipment by the Customer is void. It is understood that if, by mutual agreement equipment is re -rented, the Lessor in the transaction accordingly shall be responsible for any applicable use tax. S. If the Customer falls to perform the terms of this contract, the Company may terminate this contract and take possession of and remove the equipment from wherever located. The Company and its agents shall not be liable for any claims for damage or trespass arising out of the removal of the equipment. 7. The Customer's right to possess and use the equipment terminated on the expiration of the rental period, and retention or possession after this time constitutes a material breach of this contract. Time is of the essence of this contract. Any extension must be mutually agreed to In writing. 8. If the equipment is retained without permission, the Company may elect to repossess the equipment or charge overtime at double the daily rate for each day the equipment is retained beyond the expiration date. The Customer agrees to pay the overtime charge if one is assessed. 9. Failure, refusal or neglect to return the rental equipment within 72 hours after the agreed rental period has expired, or the presenting of false, fictitious or misleading identification of the Company's agents shall be prima facie evidence of an intention to commit the crime of grand theft where the value of the equipment exceeds $200.00. 10. The Customer agrees to pay all fees, including collection and attorney's fees, and other expenses incurred by the Company in enforcing Its rights or in resolving any dispute arising under these agreement, The Customer agrees that the "reasonable attorney's fees" awarded by some courts often do not adequately reimburse the prevailing party for its attorney's fees Incurred. The Company and the Customer, therefore, agree that if either of them institutes legal action, the prevailing party shall be entitled to recover its actual attorney's fee incurred unless it would be unconscionable to award same, in which case reasonable attorney's fees are to be awarded. 11. Terms are Net 10 days, a Service Charge of 1.5% PER MONTH (ANNUAL RATE OF 18%) will be charged on all past due accounts. The Customer agrees that the Service Charge fixed by the Company Is reasonable. 12. For purposes of this Agreement a Day is defined as "8 Hours", a Week is defined as "5 consecutive days" and a Month is defined as "28 consecutive days". The rental period begins at the time of the equipment`s departure from the Company's Chicago Office rental yard and ends when the equipment is returned to and accepted by the Company. Unless otherwise noted, the Customer is responsible for any Delivery and Pick -Up Charges. Rental rates are F.O.B. the Company's Chicago Office. 13. The Company will be available to Service the equipment only during its normal business hours. 14. The Customer agrees that its exclusive remedy for any breach of this Agreement by the Company shall be a Credit for the general damages sustained by the Customer, which credit shall be applied against any Balance Due the Company under this Agreement. The Company shall have no liability to the Customer for any damages the Customer may sustain in excess of the Rental Fee due the Company under this Agreement. The Customerfurther agrees that the Company shall have no liability for lost profits or any other consequential damages that the Customer may sustain as a result of any breach of the Agreement by the Company or down time due to equipment malfunction. EXCUSE OF PERFORMANCE - Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental action, domestic or foreign, riot, civil commotion, fire and other casualty and all other causes beyond the reasonable control of Lessor shall excuse Lessor's performance for a period equal to such prevention, delay, or stoppage. Lessee hereby waives all claims against Lessor for any delay or loss of materials by reason of any shutdown, or failure of the equipment for any reason 15. Title to all the equipment shall remain at all times in the Company's name. If the equipment is levied upon by reason of Execution, Garnishment or Attachment or for any reason, the Company may retake the equipment with or without legal process, 16. Equipment damaged beyond repair, will be paid for at Its replacement cost to the Company. The cost of repairs will be borne by the Customer, whether performed by the Company, or, at the Company's option, by others. 17. The parties agree that the Company makes no Warranties, express or implied. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. 18. THE CUSTOMER ACCEPTS FULL AND COMPLETE RESPONSIBILITY FOR ALL INJURIES TO PERSONS AND PROPERTY (INCLUDING ANY INJURY TO THE CUSTOMER'S EMPLOYEES) ARISING OUT OF THE MAINTENANCE, USE OR TRANSPORTATION OF THE EQUIPMENT BY THE CUSTOMER OR OTHERS FROM THE TIME THE CUSTOMER TAKES POSSESSION THEREOF, UNTIL THE EQUIPMENT IS RETURNED TO AND ACCEPTED BY THE COMPANY, THE CUSTOMER HEREBY ALSO AGREES TO INDEMNIFY AND SAVE THE COMPANY HARMLESS FROM ANY AND ALL CLAIMS, SUITS AND LIABILITY OF ANY EVERY NATURE WHATSOEVER (INCLUDING ANY LIABILITY TO, OR CLAIM OR SUIT ASSERTED BY, ANY EMPLOYEE OF THE CUSTOMER) ARISING OUT OF THE MAINTENANCE, USE OR TRANSPORTATION OF THE EQUIPMENT BEFORE IT IS RETURNED TO AND ACCEPTED BY THE COMPANY. The Company is not responsible for damage to flooring. It is recommended that the customer takes precautions at all times to avoid potential problems by protecting all flooring with plywood or plastic tarps, outrigger pads, etc. 19. No Term or Condition of the Agreement may be Waived or Modified as to the Customer except by a written instrument signed by the Company's authorized representative or by an appropriate written Agreement executed by an officer of the Company. 20. The provisions of this Agreement shall be severable so that the invalidity, Unenforceability or Waiver of any one or more provisions shall not affect the remaining provisions. 21. The Company reserves the right to replace (exchange) the equipment delivered to the Customer with similar or superior equipment, 22. This Agreement constitutes the entire Agreement between the Customer and the Company. The Customer acknowledges that the Company has made no representation, or oral or written, other than those Included in this Agreement. 23. THE CUSTOMER agrees to visually inspect and maintain the battery and oil fluid levels daily. 24. THE CUSTOMER agrees to provide a certificate of Insurance to the Company naming Service One Access, Inc. as additional insured, and loss payee in regards to the equipment. 25. The Customer acknowledges that it has special skill and knowledge In the selection and use of the equipment and material to be purchased or rented from the Company and expressly disclaims any reliance upon any statements or representations made or to be made by the Company regarding the sale or rental of any parts or equipment. The Customer also waives any liability upon the Company for any direct, special, or consequential damage that Customer may suffer. 26. The undersigned hereby represents that he has read this Agreement in full (including the terms, which appear on page one), is authorized to sign this Agreement on behalf of the Customer and hereby accepts the terms of this Rental Agreement. N kjjd a 1Z i L*V-D2f3ra Customer's Signa re Nicholas Rehn-DeBraal — Service One Access, Inc. CfT t7AEp— I August 31, 2018 T Pn t Name Date p 31 Date SERVICE ONE ACCESS, INC. IMPORTANT INFORMATION - Please read to avoid any delays or additional charges: 1. FREIGHT, DELIVERY AND INSTALLATION TERMS AND CONDITIONS Our delivery trucks are customized and are equipped for deliveries to grade level conditions only. Deliveries requiring other types of trucks are subject to the following terms and conditions, unless otherwise noted on the quote: A. mock loadina and unloading - Our truck is NOT set up for dock deliveries, UNLESS you have a dock leveler to accept a 21-foot long machine. Dock deliveries / pickups / roll -back trucks etc. are available, however they are subject to an additional cost and require advance notice. The lift cannot be loaded, moved or re -located with a forklift or lull or severe damage will occur. B. Stairs, ramps. etc. - Generally one step or stair can be accommodated without an additional cost. Any additional stairs or ramps not greater than a 12-15 degree grade are possible. However, additional costs may apply. See "Custom Installations". C. Rough terrain I cons rggtion sites - Field conditions on construction sites change daily. It is the responsibility of the customer to assure that the driver is not delayed due to the site conditions, unstable ground or other areas that may require shoring or additional provisions. D. Custom Installations - Service One Access, Inc. has installed the Denka in hundreds of unusual projects. Projects requiring engineering studies must be verified by a qualified person and often require verification by a structural engineer. We do not allow or authorize hoisting, shoring, or transportation of the lift without training, proper supervision, and prior written -assurance. A Service One Access, Inc. (SO]) representative must be present at any Installations requiring ramps or hoisting. 2. MAINTENANCE AND SERVICE CALL POLICY Following is our policy regarding the maintenance, repairs and replacements of parts during any rental or re -rent situation. A. Service call policy and Procedure - As per our contract term and conditions, rental terms and service calls are based upon use 8 hours per day, normal daytime shift. Service calls, repairs, end rent numbers (rental terminations) must be called in to: 773-533-5100 (24 hours) or 800-298-7990. Although we are available 24 hours, mechanics are generally available for service calls during the hours of 6:30am-5:00pm Monday through Friday. Service calls, repairs, etc. after 5:00pm and on weekends will be charged an additional rate, unless otherwise agreed on the rental contract. B. Repairs and maintenance (Re -rent only) - Troubleshooting, repairs and replacement of any parts must be performed only after a written approval from Service One Access, Inc. Re -rent contractor agrees to use only factory authorized parts, available through SO[. Verbal approval shall be accepted during emergency situations. The Danka uses custom parts and can often be remedied with communication with our service department BEFORE the inconvenience and without the delays. C. Use of parts - The use of any replacement part not supplied by Service One Access, Inc. (or modification of equipment) Without prior written approval from SOI shall void all warranties and guaranties relating to the equipment and Its safe operation. This voiding once imposed extends to both the piece of equipment on which the non -authorized replacement part was used (or modification made) as well as any other equipment in conjunction with the equipment having the non - authorized replacement part or modification. 3. ACCESSORIAL CHARGES The following accessorial charges shall apply IN ADDITION to the quoted freight rates, unless these charges are specifically described on your original quote. • Roll -back truok deliveries (for dock or stairs, etc.) - $ 150.00 minimum and 48 hour notice. It Two Man Delivery - $ 60.00 per man, per hour, 4 hours minimum and 48 hours notice. ■ Waiting Time and Installation Time - $ 60.00 per man, per hour, first 16 minutes free. Fu rc rg -not a ed 8%. Effective: May 1, 2000. CUSTOMER SIGNATURE j COMPANY V'�A- �I (yQQ IsS DATE BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 10/01/2018 Alicia Czarnecki/Kara Bovles Purchasing ® Michael Schmidt Department Engineering L] Agreement Lj Contract ❑ Proposal U Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control n Other: Company or Vendor Name Service One Access, Inc. New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBEIWBE Contractor ❑ MBE ❑ WBE MBEIWBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Morris Theater Emeraencv Plaster Work Project Number Funding Source Account No. Amount Terms of Contract 118-094 Liability Insurance 226-0419-672.43-02 $5,700.00 Purpose/Description EmergencyEme[gency work necessa to secure ceilinq of Morris Performing Arts Center and gain occupancy approval after plaster fell from rim of main dome. ❑ Required Contractor's Certification Form Attached (Non - Collusion. Non -Discrimination. Non -Debarment. E-Verifv. Iran. etc.) Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ® ❑ Jeff Jarnecke ® ❑ Kara Boyles