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HomeMy WebLinkAboutContracts & Agreements_20-202421921 Alessandro Blvd Moreno Valley, CA 92553 PH. 951-257-3687 FAX 951-656-1816 BARE EQUIPMENT RENTAL AGREEMENT- Please email signed copy to Dispatch0C5rentals.com Customer : CITY OF REDLANDS C5-82 D8T Phone: EXT 909-201-9477 Contact: LOUIE EQUIPMENT RATE MOVE COST START DATE LOCATION CAT D8T DOZER UNIT # C5-82 D- $1,476.66/ W-$5,906.66/ M-$17,720 PO/ JOB: TBD MOVE IN $700 MOVE OUT $700 12/5/23 7 AM 1950 NEVADA ST REDLANDS CA 92373 SPECIAL PROVISIONS ORDERED BY LOUIE Damage Clause: Customer (hereinafter called LESSEE) is responsible for all damage to tracks caused by debris or other job site conditions such as Vandalism, Rock, Rebar, Pipe, Steel, Concrete, etc. If at any time our equipment is stolen or damaged mechanically on the jobsite, you agree to pay all costs to repair or replace damaged or stolen equipment. If equipment is returned excessively dirty there may be a cleaning fee. This does not include normal wear and tear under normal usage. TERMS AND CONDITIONS: Lessee agrees to rent above referenced equipment at the stated rate, including all transportation charges. Lessor shall not be responsible for any DOWNTIME, loss of time, damage, or injury, to Lessee or any other party caused by, resulting from, or in any way connected with the use or, failure of, including oil spills caused by machine or hose failures, or any defect on the Lessor's equipment regardless of cause. In no event, shall the Lessor be responsible for special or consequential damage whatsoever or whosoever caused. Lessee will be responsible for normal servicing and maintenance. Lessee is responsible for any abuse due to lack of any lubricant DEF, COOLANT, and OIL or DIRTY FILTERS. Lessee-+ is responsible for any repairs resulting from lack of these fluids. Fuel charges will apply for any machine returned with less than a full tank of fuel. Charges may apply to other fluids as well. Lessee will be responsible for damage to TAILGATES, STEP LADDERS, WINDOWS, MIRRORS, POINTS, TEETH, TIRES, CUTTING EDGES and or ground engaging tools: above and beyond normal wear. In the event said customer fails to pay for the above equipment or labor, said customer agrees to pay attorney fees, court costs and interest of 2% per month (18% APR) for collection. The terms and conditions herein set forth are agreed by Lessee and Lessor, and the Lessee acknowledges that he or she has fully read and agrees to all these terms and conditions which supersede any purchase order or other writing. This agreement must be signed by an owner or authorized officer of Lessee. ne Donaldson, City Clerk LESSOR CS Equipm ntals LLC /4444er' //3D/ 241 tar the purpose of this Agreement,'C5 Equipment Rentals" shall mean qulpment Rentals, LAC., Its owners, officers, directors, shareholders, & rloyees, &'Customer" shall mean Customer, its Subsidiaries or Wed Companies. agents and/or employees, In consideration of ig of rental equipment (theeequipntent") from CS Equipment Rentals, :omer agrees as follows: I caster Rental Agreement. ;omer & C5 Equipment Rentals hereby agree that, unless expressly ed by the terms of any subsequent Rental Agreement, all the terms inditiors of this Agreement shall be incorporated as if set forth In.full tch Rental Agreement entered into between Customer & C5 ;patent Rentals. By accepting &using any piece of CS Equipment ialsequipment, Customer acknowledges that he is bound by the is of this Agreement. This Agreement shall automatically renew on anniversary date unless either party elects, by giving written'notke se other party, not to renew the Agreement. ndemnity/Hold Harmless. :outer shall take all necessary precautions regarding the equipment, otect all persons & property from Injury Or damage. Customer agrees idemnify &hold harmless C5 Equipment Rentals from & against any liability, claims, judgments, attorneys'' fees& -costs, of every kind & re, including, but not limited, to injuries ordeath to persons & lage to property, arising out of the use, maintenance, instruction, ration, possession, ownership or rental of the equipment, however red, except claims or litigation arising through the sole negligence or ui misconduct of C5 Equipment Rentals, hssumption of Risk/Release-Discharge of Liability. :ornerIs aware &acknowledges there is risk of injury ordamage 7g.out of the use or operation of the equipment& hereby elects to manly enter into this Agreement &assume all of the risks of injury or lag?, from the time the equipment leaves CS Equipment Rentals I the equipment is returned to & accepted by CS Equipment Rentals rig normal business hours, Customerassumes all nskof loss & all ?s, including, without limitation, losses incurred while the equipment transit rs at any location, is in storage or is on Customer's premises. :omer agrees to release & discharge C5 Equipment Rentals from any responsibility or liability for any injury or damage arising out of the or operation of the equipment; & Customer further agrees to waive, tse &discharge any& all claims against C5 Equipment Rentals for •y or damage which Customer otherwise may be entitled to assert. )perators. tperators are furnished with any equipment rentals, receipt/inspection of Equipment. :omer hires the equipment on an°as is°basis. Customer agrees that all personally Inspect the equipment prior to possession. Customer es that acceptance of the equipment shall be deemed towledgement of receipt ofall items listed in the Rental Agreement the equipment is in goodworking order & repair, suitable for :0mnesneeds, & that Customer understands (without further uction5) its proper operation & use. aossession/Title. :omer's right to possession of the equipment begins upon ipment leaving C5 Equipment Rentals & terminates on the agreed rim Date indicated on the frontof the Rental Agreement. Retention ossesslon after the agreed Return pate constitutes a material breach cis Agreement. Time is of the essence. Any extension of the Rental cement most be agreed upon in` writing. Title to the equipment is -& I remain In C5 Equipment Rentals. If theequlpment is not returned for is levied upon for any reason whatsoever, C5 Equipment Rentals retake said equipment without further notice or legal process &use tever force is reasonably necessary to do so Customer hereby agrees idemnify, defend & hold CS Equipment Rentals harmless from any& minis & costs arising from such retaking and/or levy_ if equipment is tit upon, Customer shall notify C5 Equipment Rentals immediately. tente, Period/Rate/Payment. cal period is for 24 hours unless a longer term is specified in the. cal Agreement. Rental rates are based upon singleshift usage (8 rs per day, 40 hours per week 160 hours per month) If Customer es greater use of the equipment; it is agreed that the additional )e will be charged. Rental charges begin immediately upon 'patentleaying CS Equipment Rentals Rental Charges end upon m of equipment to CS Equipment Rentals in an acceptable :titian; rental charges shall continue until damaged equipment is sired i+lo allowance will be made for Saturdays, Sundays, Holidays, or t tit transit norfor any period of time equipment may not be in actual while iraCustomer's possession. Customer is responsible for rental ges if the Equipment Is lost, damaged or destroyed prior to return to qulpment Rentals's equipment yard, until the date the replacement s recovered by CSEquipment Rentals from Customer or Customer's ranee carrier. If the equipment is returned prior to the end of the 24 r minimum rental period, the rental due shall be for the entire imum rental period. Open accounts are due net 30 days from see date. Customer agrees to pay a monthly'service charge of 218 or maximum permitted by law on past due accounts. Customer agrees ay C5 Equipment Rentals a fee for nvironmental compliance. „oinpliance With Laws/Use of Equipment. :oiler agrees not to use or allow anyoneto use the equipment for illegal purpose or in any illegal manner or in an unsafe manner. :omer shall at his Sole expense comply with ali municipal, county, s &federal laws, ordinances & regulations, which may apply to the of the equipment' during the rental period Customer further agrees ay all licenses, lirres,(ees, permits, or taxes arising from his use of the ipment, including any subsequently determined to be due, omer shall not allow any person to operate or use the equipment Is not qualified, or who has not received & understood safety & rating instructions, or who does not utilize all safety equipment. :omer shall not allow any person to: use oroperete the equipment n it Is in need of repair or when it is in an unsafe condition or loon; moddy, misuse, harm or abuse the equipment, permit any sirs to the equipment without C5 Equipment Rentals's prierwritten nission; or allow a hen to be placed upon the equipment Customer !es to check filters, oil, fluid levels air pressure, clean & vlsually Inspect equipment at least daily & to immediately discontinue use & notify :qulpment Rentals when equipment is found to need repair or maintenance or is not properly functioning, Customer acknowledges that CS Equipment Rentals has no responsibility to inspect the equipment while es Customers possession. 9. Idling Limits. Under Title 13, Cal Code of Regulations, §2449, effective June 15, 2008, in -use off -road diesel vehicles are not permitted to Idle for more than 5 Consecutive minutes: LESSEE is responsible for compliance with the idling regulations & may be subject to fines imposed by the Air Resources Board for violations of the regulations, By executing this Agreement, LESSEE acknowledges that LESSEE understands the idling regulations & is responsible for ensuring its operators comply with the regulations, 10. Edges & Points. Customeris required to replace points & cutting edges before damage is done to the equipment, or to notify C5 Equipment Rentals that points& cutting edges need replacement before any damage is done 11. Track Type Equipment. Track,typeequlpment Is not to be used in ROCK or WATER 12A. Servicing The renter is responsible for servicing rental equipment according to the manufacturers service recommendations. Daily lubrication of grease /.Irks, daily checks of oil &coolant levels, oil & filter changes, checks for leaks &inspection of the machine for abnormal conditions are required. 12B. 250 + Hour Servicing The customer will be charged should a machine be returned to our yard, or discovered In the field to have 2501 hours from the last time the machine was serviced 250+ hours calculated from the time the customer received the machine or the last time the machine was serviced which ever is less. Charges are as follows:For machines returned to the yard there will be a flat charge for the 250 hour service, & a prorated per hour charge for all hours over 250. For machines In the field there will be a flat charge for the 250 hour service, & a prorated per hour charge for all hours over 250, including 75 cents per mile each way, & $55 per hour travel time for each man needed to perform their) field service. 12C. Contract Servicing, For a specified charge, based on the particular machine &distance from the yard, C5 Equipment Rentals LLC will contract with renter to perform the required 250 hour monthly machine service. Ask the equipment dispatcher for service rates: 13. Return of Equipment. Customer agrees to return the equipment to CS Equipment Rentalsby the agreed Return Date In as good condition as when received, ordinary wear &tear excepted. Customer shall be responsible for all damage not caused from ordinary wear &tear. 'Ordinary wear &tear°shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable&proper Use, Damage Which isnot^ordinarywear &tear* includes, but is not limited to damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning, dirtying ofequiprnent by paint, mud, plaster, concrete, rosin or any other material. Customer shall be liable for all 'damages to or loss to the equipment &liability incurred prior to equipment's return to CS Equipment Rentals. Customer shall ,be responsible for all costs Incurred by CS Equipment Rentals recovering "& returning damaged equipment to. CS Equipment Rentals's premises. 14. Delivery/Pick Up: If equipment is to be picked up by CS Equipment Rentals, Customer agfees to provide a secure storage location & Customer accepts all risk Including damage to & liability relative to equipment until the equipment is picked up by CS Equipment Rentals. If Customer requests C5 Equipment Rentals to deliver or pick up the equipment, Customer agrees that C5 Equipment Rentals will not be responsible for any damage to the pick up/delivery site, or for any mud or dirt tracked out from the site 15. Disclaimer of Warranties. C5 Equipment Rentals makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There Is no warranty or representation that the equipment is fit for Customer's particular intended use, or that it is free of totem defects CS Equipment Rentals shall not be responsible to Customer or any third party:for any loss, damage or injury resulting from, or In any way attributable to the operation, use, or any failure of the equipment. C5 Equipment Rentals shall not be responsible for any defect or failure unknown to CS Equipment Rentals, Customer's sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided that Customer notifies C5 Equlprnent Rentals immediately of such failure & returns the equipment to CS Equipment Rentals within 24 hours of such failure. 16. insurance. The Customer shall at own expense &at all times during the term of the Rental Agreement maintain in force: (a) Liability insurance Policies for Injury/damage to third parties,: which shall include liability limits written on a combined single limit basis of not less than 52,000,000 per occurrence; (b) if the equipment rental includes niotor vehicles, a Business. Automobile Liability Insurance Policy, which must include coverage for the non -owned motor vehicles; (c) Property Insurance/ - Physical Damage Insurance in an amount adequate to cover any darnage to, or loss of, the equipment; & (d) Worker's compensation/employer's liability insurance with no less than the statutory minimum lints. All insurance must have the usual exclusions deleted, including the Boom Exclusion, the Overload Exclusion & the Waterborne Exclusion. Customer I ust provide a Certificate of Insurance mining CS Equipment Rentals as Additional Insured & Loss Payee with respect to the coverages described above. Such certificate(s) shall be endorsed to provide that the Insurance policies may not be cancelled or materially modified except on 30 days prior written notice to CS Equipment Rentals. Customer acknowledges that It is responsible for any losses not paid for by insurance. 17. Accident Reporting. Customer shall notify C5 Equipment Rentalswithrn 24 hours of any accident or occurrence invoking the Equipment in which a person or property is, or is claimed to be, Injured ordamaged. 18. Purchase Orders. The use of Customer's purchase order number on the Rental Agreement is for Customers convenience & Identification -only. 19. Subletting/Location of Equipment. Customer agrees not to sublet, loan or assign the equipment Customer shall not move the equipment from the location at which Customer represented it was to be used. 20. Default. Time if of the essence of thisAgreenent The occurrence orany of the following events shall Constitute a default of this Agreement by Customers. (a) any failure by Customer to pay on or before the date due the full amount of any payment, taxes, Insurance premium or other obligation of this Agreement; (b) any failure by Customer to perform any other of Customer's obligations under this Agreement; (c) any attempt by Customer to remove, sell, transfer, sublease, assign, encumbeyor otherwise transfer, dispose of, or part with possession of the Equipment without CS Equipment Rentals's prior written consent; (d) the making of any false or misleading statements by Customer to CS Equipment Rentahin connection with this Agreement; (e) the dishonoring of any check, note or other instrument given for any payment under the terms of this Agreement, when presented for payment; (f) Customer becoming insolvent or becoming the subject of a petition In bankruptcy, either voluntarily or involuntarily, or Customer making an assignment for the benefit of creditors, or being named or subjected toast* for the appointment of a receiver; (g) any seizure or levy upon the Equipment leased under this Agreement by reason of any legal process directed against Customer, (h) a reasonable determination by C5 Equipment Rentals that the Equipment is In danger cif misuse, ironfiscat(txt darnage or destruction; or (I) operation of the Equipment in any fashion or manner for which the Equipment was not designed or beyond the manufacturers rated capacity for the Equlpment. 21. Remedies. In the event of default by Customer, CS Equipment Rentals shall haveall the rights & remedies permitted bylaw & In equity Customer acknowledges &agrees that C5,Equipment Rentals shall be entitled to exercise any & all available rights &remedies in any combination or sequence not expressly prohibited by law, including but not limited to (a) sue for &recover all lease payments & other payments, then accrued or thereafter accruing; (b) request Customer to assemble any or all of the Equipment to make the same available to C5 Equipment Rentals ata reasonable time & place designed by C5 Equipment Rentals & to put CS Equipment Rentals in possession dieted; (c) terglinate this Agreement as to any or all of the Equipment, but such termination shall not release Customer from the liabilities & obligations arising from the default '(d) take possesslon of the Equipment without dernend or Police, wherever located, without any court order on other process of law; (e) sell or otherwise dispose of any or all of the Equipment, whether or not. in possession; with or without notice to Custorner,at private or public sale, or re -lease any or all of the Equipment on such terms & conditions as CS Equipment Rentals deems appropriate, & (f) utilize any & all other remedies available at law or in equity. In the event that C5 Equipment Rentals releases, sells or otherwise disposes of the Equipment, Customer shall receive a credit against amounts due to C5, Equipment Rentals under this Agreement equal to the net proceeds of such action (but not exceeding the amounts due to C5 Equipment Rentals), after deducting all costs or such release & sale, &Customer shell continue to remain liable for any remaining amounts due to C5 Equipment Rentals after application of the proceeds. !fro( any reason it becomes necessary for CS Equipment Rentals to retake possession of the Equipment, Customer authorizes(s Equipment Rentals to retake the Equipment &agrees that C5 Equipment Rentals shall not be liable for any claims for damage or trespass arising out of the removal of the Equipment No failure by C5 Equipment Rentals to exercise any right Or power accruing upon any event of default or breach of this Agreement shall impair any such right or power, or shall be construed to be a waiverofany such event of default or breach, oracquiescencethereto, 22. Legal Fees. In any legal action or proceeding to enforce this Agreement or the Rental Agreement, the prevailing party "shall be entitled to recover reasonable attorneys fees & all other costs incurred in such action or proceeding Venue for all court proceedings shall be in one of the counties or division of any court in the county, of Orange or RiversideCalifornia: This Agreement & the rights &duties of the parties arising out of this Agreement shall be governed by & construed inaccardanee with the laws of the State of California. 23. Performance By CS Equipment Rentals of Customer's Obligations. in the event that Customer fails to comply with any provision of this Agreement including but not limited to the obligation to maintain insurance, Cs Equipment Rentals shall have the right, but shall not -be obligated, to effect such compliance on Customer's behalf upon five day's prior written notice to Customer. In such event, Customer shall reunburse C5 EquipreentRentals for the costs thereof within tendays after written notice from CS Equipment Rentals, 'requesting reimburse- merit. In the event that Customer fails to make reimbursement to CS Equipment Rentals within ten days, interest shall accrue on the amounts due at the rate of 2% per month from the date of payment by.C5 Equipment Rentals until paid in full by Customer. 24. Survival of Obligations. Any obligations specified In this Agreement Wl ch by necessary Implication extend beyond the termination of this Agreement shall survive termination of this Agreement 25. Severability. if any provision aides Agnemrsent Is (burs to be forany reason unenforceable, suchprovislon shall be deemed severablef om, & shall in no way affect the validity Of enforceability of, the remaining provisions pf the Agreement 26. Authority of Customer. The indhildtral signing this Agreement on behalf of Customer warrants that he is the authorized representative of the Customer with authority to bind the Customer.27. Facsimile& Electronic' Copies, Customer & C5 Equipment Rentals agree that signed copies of this Agreement transmitted electronically or by facsimile shall bedeemed originals, Customer hereby agrees to the foregoing rental terms. Customer Must sign the front of this document to agree to this contract) ye SiGNS - 951.789-5843 • e5 Routs• 2015.09.17