211371 07/31/2012 CITY OF CARMEL, INDIANA VENDOR: 00351502 Page 1 of 1
ONE CIVIC SQUARE MACALLISTER MACHINERY CHECK AMOUNT: $206.00
CARMEL, INDIANA 46032 P.O.BOX 660200
INDIANAPOLIS IN 46266-0200 CHECK NUMBER: 211371
CHECK DATE: 7/31/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
651 5023990 R607OS12801 206 . 00 TRANSPORTATION EXPENS
MacAllister Rental
Contract No. 705128- 001
MacAllister Rental
Invoice No. 86070512801 Page 1
INDIANAPOLIS RENTAL
6870 WEST WASHINGTON ST gg��gr g� T�7
INDIANAPOLIS, IN 46241 WORK ORDER INVOICE
317-244-7368 Date 16JUL2012
1175490 05JUL2012 16JUL2012
r..
CITY OF CARMEL
WATER & WASTE WATER UTILITIES
rrP JEFF COOPER
760 3RD AVE SW
CARMEL, IN 46032 CARMEL WWTP JEFF COOPER
---- Eq-ui-p—#,- j— Make - -- - Model Seri al # Description_ -
T!BG271 > GAT TH33U6 CAB TBG^u0271 8000# EXTENDABLE_�RE,
WORK PERFORMED
HR METER 760/CUSTOMER MACHINE : SERVICE CALL TO CUSTOMERS MACHINE FOR A COMPLAIN
T THAT THEY WERE LOSING 3 & 4 GEARS . CHECKED FLUIDS , CONNECTED COMPUTER TO
MACHINE AND MADE CALIBRATIONS . CUSTOMER RAN MACHINE AND SAID ITS SHIFTING
BETTER .
LABOR
Mechanic Hours Work
Rate Extended
PAT O' BRIEN 2 . 00 MISCELLANEOUS 103 . 00 206 . 00
. .. .. .......... ............. .....
. ... .. ...............................
Total Labor 206.00
Total Amount 206.00
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.
WYNNW0e1Dac2011 Please Remit All Payments to: MacAllister Machinery Co. Inc., PO Box 660200, Indianapolis,IN 46266-0200
MASTER RENTAL AGREEMENT TERMS AND PROVISIONS
L MacAllister hereby agrees to Icaee to the named Lessee.meaning all less cs Jointly and severally.and Lessee hereby leases from MacAllister,under and subject to the terms and provisions hereof until the end of the tern specified(Term)
the persona]property described as"Equipment"'rented together with all present and future attachments.replacement parts,repair.and additions and all proceeds thereof.
2. It is understand benceen the parties that:llacAllister is not the manufacturer of the equipment herein rented,nor the agent of the nnnufacturer 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 arc late,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 wry equipment MACALLISTER IIEREBN DISCLAIMS ANN'AND ALL Nl'ARRANII'.IMPLIED OR EXPRESSED.OF MERCHANTABILITI'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 uwriting,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 haying 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 ro pay freight demurrage,storage,switching.(rayage.Imekage,or other charges against said equipment from the time the same shall leave MacAllister up to and
including the time ofits return to MacAllister. MacAllister r,seryes the right to Charlie Lessee for excessive undercarriage wear and tear-.
s. 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 reganlless of the cause of damage. Reasonable wear and tear is expected.however,it is agreed rubber abrasions(gouges.Wins.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 sentceable condition,and fit for use.unless Lessee makes claim to the contrary to
MrcAlhatel by registered mail with return receipt demanded,addressed to MacAllisterr s[ionic office within three clays after receipt of said equipment. The complaint shall set forth specifically and in detail the complete nature and condition
of the properly received.
7. Should any of the machinery,equipment.or appurtenances be received by Lessee from any drayman.railmnd contpam'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 havnwn.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
ackii—ledgemenl upon is receipt and acceptance of said machinery.equipment,parts and appurtenances shall be treated as an acceptance ofsaid machinery.equipment.pars 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 occur after acceptance of said property,shall be repaired and replaced at the expense of Lessee If the
machinery,egwpri—n.parts or appurtenances are damaged or lost in tansponation and the Lessee banishes to MacAllister it written detailed acknowledgement and statement from the carrier setting forth the character of damage and loss.
MacAllister agrees to use reasonable diligence in haying said dantng_e 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. ht the even)of notice to MacAllister by Lessee that the equipment is not in_good,safe and sea iceable condition and ft 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 resisting born detects in or deficiency of the equipment hereby rented or accidental breakage thereof.
10. Lessee shall immediately notity MacAllister of any accident invoking 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 MucAflistei's regular hours,by reason of which MaeAllster shall be required to pay double time or other overtime charges to is employees.or to anyone doing the work for Lessee.all such charges will be paid be Lessee to
MacAllister. In the,cent of accident or breakage of any part of the equipment,and upon receiving written approval from MacAllister,Lessee may have the same repancd by anv competent person,firm or corporation at its own expense or,
L111011 notice to MacAllister as to such breakage or accident.
11, In the event Lessee accepts[he machinery and equipment,as herein provided,and thereafter the said machinery proses defective or unlit for use,or if for any reason Lessee desires to discontinue the use of said machinery or equipment,
If,,only remedv of Lessee shall he to return the machinery to MacAllister and ferunnate this contract as herein elsewhere provided,by paying all rental charges and other charges herein provided for.
12. Lcssce agrees to pay any and all chaises for work or inspection by anv labor union. MacAllister may,al il.<option,refuse to do any repair work on the equipment in time oC strike.or any cause beyond its control,or in violation of any rule
affecting the equipment. MacAllister reserve,the neht to retire%,the equipment from ihejob at nrn time when,in its opinion,the egnipment is in danger becu-c f strike,tear.civil disobedience.or anv other condition which MacAllister
detemno—may threaten the,quit i
11 Leslie agrees to comply with and coutorin to all nnmicipal,state and federal lams relating to the operation of said machinery and to pay all costs and expenses of evev character occasioned or in-bing the use or operation of the
machinep ,,equipment.and to pay all legal assessments.taxes or public'har=es"hick maybe)lined upon said equipment while in the possession of the Lessee.
la_ Lessee agrees to pay V7acAllister 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
reuoned to the possevion 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 tine and fill value forming a basis for such adjust meal. %A'hell equipment leased is deemed to be it total loss.Lessee agrees to pay MacAllister the manufacturer's suggested price of the equipment. In making such adjustment
it is understood that no rental,theretofore paid or due apply to the payment of such loss,and it is further understood that MacAllister shall solely make the determination of whether lfe equipment is a total loss.
I s, Lessee further agre,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 anv injury to person or property of any character whatsoever
occasioned by the operation,handling or transportation of any of the equipment during ih,rental period.and agrees to indemnify MacAllisicr 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 Gout MacAllister with full insurance cove see as required herein,insuring the equipment against loss or damage arising from any cause whatsoever,including but not limited to
earthquake,flood or ntud,lide.MacAllister will provide Lessee at the commencement of-the terns of this Lease,and which shall be incorporated herein by reference a separate document entitled"Equipment Rental Insurance Requirements"
detaihng the neeesary coverages and terms thereof.but which terns shall at least contain,but not by way O f t imitation.provision for:l.)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 limitations m cause donne 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)it 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 properly herein rented and to all replacements thereof or substitution thereof is,and shall remain,with MacAllistee and said machinery and equipment shall not become a part of any building by being placed therein or by
heir!,annexed thereto. where the equipment is annexed to any property the Lessee shall furnish MMacAllister with it landlord's release.which shall permit MacAllister to remove the equipment from said property at any time during the life of
or after expiation of this contract.
18. The Levee agrees,whenever requested by MacA]lisie: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 anv levy attempted
upon said equipment,or d'said equipment Lon any cause becomes liable to seizure and to indemnify MacAllister against all loss and damages caused by anv such action. MacAllister shall have the privilege at all limes of entering anyjob,
huilding or location where the above property is being used for the purpose of inspection and resenes the privilege of removing said machinery and equipment without notice if it is being overloaded or taxed beyond its capacity or in any
planner being abused or neglected. Lessee warmers that it has the express permission of all land owners upon whose land the equipment is used to so use the equipment. Lessee further wanants that it vill not in",the equipment from one
project to another without MaeAllister's advance approval,which notice of movement shall be in writing.
19. This agreement cannot be assigned without the wnuen consent of 3M-Allist,r. The equipment hereby rented shall not be sub-let without the written consent of MacAllister.
_'0. Should any of the provisions of this rental be violated by Lessee the rental for the entire period herein specified shall become forthwith disc and payable and MacAllister,or its agents.may,without notice enter the premises occupied by
Lcssce 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 aid machinery from the possession of the Lessee and all freight d" lrage..storage.labor or other charge on or against said property incurred during the removal,shipping and remm to the
possession of MacAllister at is home office or equivalent point designated by MacAllister.
21. LCSSC,agrees to pay\IacAlIi,t,,all sum,due hereunder when Ihcy become due
22- Lessee agrees that ifany 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 ail
or part ot'Ihe equipment to blacAlli.ster or its agents.
23_ In cut tiny maser ti written or typed into this printed contract other than such as is necessary to fall in blanks provided herein.such matters shall be deemed an addition to the contract and it is specifically understood and agreed that such
added ntaucr is not in any manner whatsoever intended to alley the meaning or intention of the primed 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 w,itt'll or gated clause in conflict therewith,and rho killer Shull be treated as cold.
24. Both Ma,A)k,ter and Lessee agree that no modifications of-this agreement.shall he binding upon MacAllister unless such modification,cancellation,addition thereto or notation shall be in writing duty signed by MacAllister and duly
approved by Co oFfi—.f Ma,Mh,lCr at the front,office ofMucAllisrer.
_-, This rental before becoming'L,,to"most be approved by tin OOiceror other authorized repre„nuuice of MacAllister_
26. McAllister mat—,utc f Ic and sign L.-see s name to a tinancin,statement or file it Bouncing statcntctt signed only by',4acA11ismr coteing equipntenl or goods Jclitcred or to be delivered to Lessee under this agreement for
intonation proposes'o otbcrn",and also corering pro Beds and future ads anew, This ngreemem constitutes a rc ovation of title or Secu itv Agrecnrenl with ICICICHCC to such transactions.
27 This agreement and acceptance of this agreement is subject to corrections for arithmetic error in computation.
28. MacAllister reseres the right to replace a rental unit with a like rental unit
29. Lessee agrees to maimain it,,retired equipment per factory recommended lubrication and maintenance inte—ils and keep scheduled oil sample records_ MacAllister reseres the right to ask for maintenance records for the renal period.
Should quid maintenance records not be available alit]factory recommended service maintenance is required.MacAllister will per the appropriate sers ice work at the Lessee's expense.
30, aMacAllister's rental machines will be full of fuel when they],a,,\MmcA[lister's premises. Lessee agrees to return said rental equipment full of fire]or be charged with appropriate fuel backcharge.
3). RATES. Rates are based on one shift operation—8 hour/day.S davAveek or 40 hour/week 160 hour/4 week rental month. Unless quoted otherwise,hour used in excess of"one"shift(i.e.in excess of 8 hour per day or 40 hour per
meek or 160 hours per month)will result in an additional shift rate being charged,and hour,used in excess of a two shift operation 0.e.,greater than 16 hour/day,80 hoursAveek or 320 hours/month)shall result in yet an additional one shift
rate being charred.
32. Aggregation Clause: The tents and conditions of this Muster Rental Agreement shall cover all equipntenl,a ichinery and appurtenances leased by Lessee from MacAllister both presently and in the buure. It is the intent ofDMacAllister
and Lessee that this Master Rental Agreement shall be construed as,and shall be,the only rental agreement between the parties.even though Lcssce 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.
3. Damage Wit iwe: Les sec specifically acknowledges that the pavment of a fire thc4 or v,ntdaIisrn danage waive with respect to anv equipment leased from MacAllister does not satisfy Lessee's obligation to insure the equipment nor
ab,olwe Lessee of damage to fire equipment caused by the negligence or care less ties s of Lessee The dnmge waiver does nor insure Lessee I out daniag,to the equipment caused by Lessee,its agents,or others acting under Lessee's control or
operation of the equipment with Les see-s actiwc or consrucfwe permission.
34_ Jurisdiction: The pantie,agroc that any dispores arising hereunder shall be resolved in the courts el f Marion County.Indiana,and Lessce sped ficaI I subjects(self to the jurisdiction thereof Further.Lessee agrees that in the event
,MacAllister is required to employee an aunt lie for the purpose of enIoreiit g the teens and conditions[let coE or with re spice I to 111 collection o any amount due hereunder.MacAllister shall be entitled to recover is attorneys fees.cost of
collection,and all other rcusonahke exposes associated with such proceeding.
Ac-Lus: 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.pace.and nature of the accident or damage,the names and addresses of parties involved in the accident(,).including hilt not limited to persons injured,witnesses,and
omncrs of property damaged- Lcssce shall promptly advise Lessor of all correspondence,papers,notices,of documents ,hasoc-,received by Lessee in connection with any claim or demand involving or relating to any equipment or its
operation and together with I.cssce'.employees aid in the invcsrigmion and defense of all such claims and demands,and in the reco-i of damages from third parties hable therefore.
36. Rental Protection Plan: This paragraph is in force provided Lessee;0 accepts the'Rental Protection Plan'Through the proper indication thereof on the from of this contract.and pays at the time of equipment rental,or any extension of
said equipment mural.;tit addwonul sum equal to 14;w—ul of the gross equipment rental charges:h)Lessee takes reasonahle precautions m protect equipment and does not intentionally damage said equipment:c)Lessee does nut cause any
loss or damage by negligence.including but not limited to nc!,ligvl 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 fora)2�
perccnu of the manufaacmrer,list price not to,xcecd S'=.000 Gar sloi,n equipment and b)?0 percent of the cost of repairs of any damaged equipment. Nothing herein to the contrary,the following risks are expressly assumed by Lessee as is
exclu:i'c ruI i ilifv: al Damn Vic,can—I by use or ol-auon of the equipment in a manner mconsrstent with the manuta Carers instruction,or contrary to this contract b)Los,or damage ofacc—ery equipment such as welding leads,
electric cord,.bit: b,acne.hoses,tires.Tut es or haanesses,etc.,c)Loss due to operation of the equipment by a person other than an amhonzed operator per the contract or am dishone,t act by Lessee or by persons)cnlnsted be L sage with
the equipment.in) 1 ,Lessee s cntplovec__ h-ontractots or agents:d)Los;of damage due to flood scorn earthquake or other external c,u scs:e1 Loss or dania ge due to exceeding rated capacity misuse.abuse negligence.or improper
sea icing of cquipn-it:t)Seizure or destruction of equipment by order of govenunental authority:g)All loss or damage caused by vandalism.malicious mischict.disappearance.their or wrongful conversion of equipment nor reported by
I-e,scr parnupil (,,it n'_4 1--1 to the police and Lesor by filing a formal written their.tandalisni or conversion report:h)All loss or damage to equipment resulting from nuclear reaction or radiation,or radioactive contamination from anv
ether cause.i I Loss or damage as it result of Ih,sinking of-owcnc"ad oblecs with equipment:j)Loss or damage to equipment occuaing during rile loading.unloading or transportation by Lessee.k)Loss due to the equipment being upset or
rolling ovCr:nU Lo,,or damage to equipment due u,the exposure and contamination front hazardous material. Phis rental protection plan will not be ef7ectiwe unless at the time of-such loss or damage the Lessee's account with Lessor is
cun,nt. In ant'event,accrued rental charges cannot be appkicd against the purchase,or the cost of repair.of damaged,stolen or lost equipntenl. In the event of any loss.damage or destruction to equipment.Lessor will be subrogafrd to anv
nghts of L—cc to recover against any person.firm or corporation. Lessee will execute and deliver to Lessor whatever instruments and papers are required,and lake all other necessary steps to secure in Lessor such rights. Lessee will
cooperate filly with Lessor and/or is insurer(,)in the prosecution of those nalus and will neither take nor permit nor suffer any action to prejudice Lessor's or its insurer's rights with respect thereto.The renal protection plan is not insurance
and cto,,not protect Lees,,Gam is negligence,nor from liability[o others arising out of Possession,use or operation of equipment.
09/09
Prescribed by State Board of Accounts City Form No.201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
351502
MACALLISTER MACHINE CO., INC. Purchase Order No.
PO BOX 660200 Terms
Indianapolis, IN 46266 Due Date 7/24/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
7/24/2012 R607051280 $206.00
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
3orrect and I have audited same in accordance with ICp 5-11-10-1.6
-7/a-?//v C 11t.
Date Officer
VOUCHER # 125391 WARRANT # ALLOWED
351502 IN SUM OF $
MACALLISTER MACHINE CO., INC.
PO BOX 660200
Indianapolis, IN 46266
Carmel Wastewater Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
R6070512801 01-7502-06 $206.00
Voucher Total $206.00
Cost distribution ledger classification if
claim paid under vehicle highway fund