MacAllister Power Systems/FIRE/66,063/GeneratorMacAllister Power Systems
Fire Department - 2014
Appropriation # 102.501.00; P.O. # 24650
Contract Not To Exceed $66,063.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ( "Agreement ") is
hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board
of Public Works and Safety ( "City "), and MacAllister Power System, an entity duly authorized to
do business in the State of Indiana ( "Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and /or services (the "Goods and Services ") from Vendor using City
budget appropriation number 43- 515.01 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Sixty Six Thousand and Six Three Dollars ($ 66,063.00) (the "Estimate ").
Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods
and Services provided to City within such time period. City shall pay Vendor for such Goods and
Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so
long as and to the extent such Goods and Services are not disputed, are in conformance with the
specifications set forth in Exhibit A, are submitted on an invoice that contains the information
contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms
and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to
those certain specifications, descriptions and /or quotations regarding same as were provided to
Vendor by City and /or by Vendor to and accepted by City all of which documents are incorporated
herein by reference, and that the Goods and Services will be delivered in a timely, goad and
workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use
and expressly warrants that the Goods and Services provided to City pursuant to this Agreement
have been selected by Vendor based upon City's stated use and are fit and sufficient for their
particular purpose.
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MacAllister Power Systems
Fire Department - 2014
Appropriation # 102.501.00; P.O. # 24650
Contract Not To Exceed $66,063.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ( "Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written waming and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and /or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and /or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
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MacAllister Power Systems
Fire Department - 2014
Appropriation # 102.501.00; P.O. # 24650
Contract Not To Exceed $66,063.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attomey
fees, and other expenses, caused by any act or omission of Vendor and /or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and /or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and /or Vietnam era veteran
status.
12. E- VERIFY
Pursuant to I.C. § 22 -5 -1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E- Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly -hired employees using the E- Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E -verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E- Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E- Verify Law as regards each such subcontractor, Should the Vendor or any
subcontractor violate the Indiana E- Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the E-
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON- ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
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MacAllister Power Systems
Fire Department - 2014
Appropriation # 102.501.00; P.O. # 24650
Contract Not To Exceed $66,063.00
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and govemed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
Chief Hoffman
If to Vendor:
MacAllister Power Systems
7575 East 30th Street
Indianapolis, Indiana 46219
(317)5452151
AND
Douglas C. Haney, City Attorney
Department of Law
One Civic Square
Carmel, Indiana 46032
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and /or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
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MacAllister Power Systems
Fire Department - 2014
Appropriation H 102.501.00; P.O. N 24650
Contract Not To Exceed $66,063.00
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate,
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2014 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement,
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. IRAN CERTIFICATION: Pursuant to I.C. § 5 -22 -16.5, the Vendor shall certify that, in signing this document,
it does not engage in investment activities within the Country of Iran.
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Fire Department -2014
Appropriation # 102.501.00; P.O. # 24650
Contract Not To Exceed $66,063.00
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest,
IN WITNESS WHEREOF, the patties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By
times Brainard, Presiding Officer
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Ma Ann : rke, ember
Date:
Lori S Watsort!Merpber
Date: t'-/ r i t I '1
ATTEST:
Cigna Cordray, IAMC, CI r -Tre su /,3 i S / " f r
Date:
MacAllister Power Systems
Authorized Signature
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Last Four of SSN if Sole Proprietor:
Date:
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YOUR PERFORMANCE PARTNER
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Caterpillar generator set....$36,544.00
Non - CAT items....$3,874.00
Total NIPA sale price...340,418.00 (Received PO# 24630 on 9/17/2014)
11/5/2014 Installation Option:
- Installation of generator equipment by MacAllister Power Systems and Barth Electric
per plans and specs dated 10- 21 -14. (See clarifications and exclusions below)
-ASCO series 7000 automatic transfer switch, 600 amp SE rated, closed transition
- (temporary generator set/cable to be provided by owner — wired in by MacAllister/Barth)
Total non -CAT items....$69,539.00
5% NIPA discount = $3,476.00
Total non -CAT = $66,063.00
Caterpillar generator set....$40,418.00
Non - CAT items....$66,063.00
Total NIPA sale price....$106,481.00.00
Clarifications
Work scope as &dined by per plans and spec dated 10-21-14.
Barth Electric Co„ Inc. reserves the right to negotiate final contract language in accordance with this quotation and the laws of the
State of Indiana.
Due the volatile markets, cost escalations, delivery delays and coat resulting from such delays are not Included In this proposal
Barth Electric Co., Inc. reserves the right to invoice for material price increases in excen of three percent from time of quotation.
Hose bib to be removed by others.
Existing generator to remain in place.
Barth Electric shall provide connection to EEL for temporary power to existing emergency panels. Temporary generator,
generator cabling, and fuel to he furnished by MacAllister, wired by Barth Electric.
This proposal EXCLUDES the following:
c) Overtime - All work to be performed during normal working hours, except as required for cutover
d) Utility construction costs, usage fees, or other fees
e) Performance or Payment Bonds
t) Sales Tax
g) Diesel fuel for generator
Installation detailed scope of work:
• Hydro- excavate 10'xl 0' area to expose conduits
• Remove existing emergency feed to existing ATS
• Remove secondary feed from transformer to existing switchboard
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• Place pad for new generator
• Set new 150 kW generator set
• Install rack mounted load center LCG
• Connect generator mounted devices to load center LCG
• Extend conduit and conductors to existing 4" PVC below grade to feed load
center LCG
• Extend conduit and conductors to existing 4" PVC below grade to feed new LS-
ATS
• Extend from new pad mounted generator one 4" conduit for emergency feed and
one 1" conduit with control to new E -ATS
• Extend existing 4" conduit with conductors from utility to new E -ATS
• Install control wiring between transfer switches
• Fire alarm control panel to be relocated complete
• Existing 3 way switch relocated complete
Breakout pricing
Svstem Material Labor
Distribution 6,879.55 8,798.00
Feeders 23,249.54 11,847.52
Lighting controls 122.51 247.09
Fire alarm 908.84 2,083.77
Demolition 151.83 552.48
Installation Total
ASCO 600 amp Auto transfer switch closed trans, SER
Total including installation
Subtotals
15,677.55
35,097.06
369.60
2,992.61
704.31
$54.144.25
$11,918.75
$66,063.00
Price is valid until 11/30/2014. Site readiness & permitting will be the responsibility of
the installing contractor with a pre start up check list to be provided to MacAllister by the
installing contractor prior to start up. If the site is not ready when start up is scheduled
and an additional trip(s) are necessary, additional charges will apply. Delays requested in
delivery can result in storage but will be invoiced as "stored material'. Storage fees may
apply. Engine delivery Is currently 12 -14 weeks after receipt of order and approved submittals.
MACALLISTER POWER SYSTEMS a division of MacAllister Machinery Co. Inc.
TERMS AND CONDITIONS OF SALE
1. THIS QUOTATION 1S VALID FOR 30 DAYS UNLESS OTHERWISE NOTED, EQUIPMENT MUST BE RELEASED
FOR ORDER ON SUPPLIERS WITHIN BO DAYS OF THE DATE OF THIS QUOTATION WITH RECEIPT OF
EQUIPMENT TO YOUR JOBSITE UPON MANUFACTURER'S SHIPMENT.
2. PRICES ARE SUBJECT TO ANY APPLICABLE TAXES.
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3. STANDARD MANUFACTURERS WARRANTIES APPLY TO EQUIPMENT DESCRIBED HEREIN.
THE WARRANTY PROVISIONS AS SET FORTH ARE EXPRESSLY IN LIEU OF ANY OTHER
WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE DISCLAIMED.
4. MACALLISTER MACHINERY CO., SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
WHATSOEVER RESULTING FROM THE OPERATION, POSSESSION, OR USE OF SAID
PRODUCTS, OR RESULTING FROM THE FAILURE OF SAID PRODUCT, OR RESULTING FROM
ANY DELAYS OCCASIONED THEREBY, AND PURCHASER AGREES TO DEFEND AND
INDEMNIFY MACALLISTER FROM SAME. MACALLISTER SPECIFICALLY DISCLAIMS ANY
OBLIGATION BY IT TO INSURE THAT THE EQUIPMENT SOLD HEREUNDER COMPLIES WITH
ANY PLANS OR SPECIFICATIONS PROMULGATED BY OTHERS. IT IS THE OWNER'S RESPONSIBILITY TO
ENSURE THAT THE EQUIPMENT QUOTED WILL MEET LOCAL, STATE, AND FEDERAL EMISSION
REQUIREMENTS.
6. ALL MATERIALS, LABOR AND INSTALLATION REQUIRED TO COMPLETE THE
INSTALLATION, BUT NOT SPECIFICALLY INCLUDED WITH THIS BILL OF MATERIALS, IS THE
RESPONSIBILITY OF OTHERS.
6. TERMS OF PAYMENT ARE NET 30 DAYS FROM DATE OF INVOICE. ALL SALES AND TERMS ARE SUBJECT TO
RECEIPT OF AN ACCEPTABLE PURCHASE ORDER AND RECEIPT OF A VALID CREDIT APPLICATION.
EQUIPMENT WILL BE INVOICED WHEN IT IS AVAILABLE FOR CUSTOMER PICK UP OR DELIVERY TO
JOB SITE. DELAYS BY CUSTOMER REQUEST OF SHIPMENT OR PICK UP WILL BE SUBJECT TO
CARRYING CHARGES OF 234 PER MONTH ON THE UNPAID BALANCE COMMENCING 15 DAYS AFTER
NOTICE OF AVAILABILITY. TOTAL PURCHASE ORDER AMOUNT WILL BE INVOICED NO LATER THAN 12
MONTHS AFTER DATE OF PURCHASE ORDER. THIS QUOTATION DOES NOT INCLUDE UNLOADING OR
INSTALLATION OF EQUIPMENT UNLESS SPECIFICALLY INDICATED. ALL QUOTED MACALLISTER ON-
SITE LABOR IS BASED UPON REGULAR WORK HOURS. ADDITIONAL CHARGES SHALL APPLY TO
OVERTIME LABOR. DELAYS DURING STARTUP CAUSED BY PARTIES OTHER THAN MACALLISTER
WILL BE SUBJECT TO ADDITIONAL CHARGES.
7. CANCELLATION OF EQUIPMENT AFTER RECEIPT OF A WRITTEN OR VERBAL PURCHASE
ORDER IS SUBJECT TO ANY CANCELLATION CHARGES INCURRED BY MACALLISTER
MACHINERY FROM SUPPLIERS OF EQUIPMENT. ANY EQUIPMENT THAT CANNOT BE
CANCELLED WILL BE ASSESSED ADDITIONAL CHARGES DETERMINED BY MACALLISTER
MACHINERY AT THE TIME OF CANCELLATION.
8. TYPOGRAPHIC, STENOGRAPHIC, AND MATHEMATICAL ERRORS ARE SUBJECT TO
CORRECTION.
9. MACALLISTER MACHINERY CO., INC. OR ITS DESIGNATED AGENT, RESERVES THE RIGHT
TO PERFORM ANY NECESSARY ADJUSTMENTS OR MODIFICATIONS TO THE EQUIPMENT
PROVIDED, INCLUDING ADJUSTMENTS OR MODIFICATIONS THAT ARE MADE AT THE JOB
SITE. IF WORK RULES PRECLUDE MAKING THESE ADJUSTMENTS OR MODIFICATIONS WITH
MACALLISTER MACHINERY'S DESIGNATED PERSONNEL OR AGENT, !TM UNDERSTOOD THAT
THE PURCHASER WILL MAKE THESE ADJUSTMENTS OR MODIFICATIONS AT THE
PURCHASER'S EXPENSE. MACALLISTER MACHINERY WILL NOT ACCEPT OR HONOR ANY
BACK CHARGES OR RESPONSIBILITY FOR SUCH WORK PERFORMED.
10. MACALLISTER MACHINERY CO., INC. SHALL NOT BE LIABLE FOR LIQUIDATED DAMAGES
OR OTHER CONSEQUENTIAL PENALTIES DUE TO FIRE, FLOOD, STRIKE OR OTHER LABOR
DIFFICULTY, ACT OF GOD, ACCIDENTS, TRANSPORTATION DELAYS, OR SUPPLIER RELATED
DELAYS THAT ARE BEYOND THE CONTROL OF MACALLISTER MACHINERY CO., INC.
11. TITLE TO PRODUCTS SUPPLIED HEREIN SHALL REMAIN WITH MACALLISTER MACHINERY
CO., INC. UNTIL FULL PAYMENT IS RECEIVED FROM BUYER LOSS OR DAMAGE TO THE
PRODUCT BECOMES THE RESPONSIBILITY OF THE BUYER UPON BUYER'S RECEIPT OF SUCH
PRODUCTS AT F.O.B. POINT OF SHIPMENT.
12. THE TERMS CONTAINED HEREIN ARE NOT NEGOTIABLE, AND MACALLISTER HEREBY
ANTICIPATORILY REJECTS ANY TERMS DIFFERENT FROM THOSE CONTAINED HEREIN, OR
ADDITIONAL TERMS AS MAY BE PROPOSED BY PURCHASER IN ITS PURCHASE ORDER OR
OTHER REQUISITIONAL DOCUMENT(S) REGARDLESS IF MACALLISTER EXECUTES SUCH
PURCHASE ORDER.
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MacAllister Power Systems
Fire Department - 2014
Appropriation # 102.501.00; P.O.1124650
Contract Not To Exceed $66,063,00
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect io the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govem and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA MacAllister Power Systems
by and through its Board of Public
Works and Safety
By: By:
James Brainard, Presiding Officer
Date:
Authorized Signature
-in, 4 .
Printed Name
Mary Ann Burke, Member
Date: Cow .•.Pn, 1 /R.,f,�er ✓,44nastir
Title (�
Lori S. Watson, Member FID/fIN: ?— 614 1- d Lob
Date:
ATTEST:
Diana Cordray, IAMC, Clerk- Treasurer
Date:
Last Four of SSN if Sole Proprietor:
Date:
IS Cenu.n.VMS,e a Cam Stain Umw,M4cAnwe Ana SWAM/ Gab a 5,niatFOni • MTh [Neil) VMWtSeo tUmoI1 „ 11 .AM1
6
City of Carmel
ONE CIVIC SQUARE
CARMEL. INDIANA 48032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 008120185 002 0
FEDERAL EXCISE TAX EXEMPT
3840000972
PURCHASE ORDER DATE
DATE REQUIRED
REOUISRION NO.
VENDOR NO.
PAGE \
a\ \
PURCHASE ORDEFi NUMBER
24650
T® NUMBER MUST APPEAR ON INVOICES, AIP
VOUCHBL DEUVEBN MEMO. PACKING SUPS,
MAMAS LABELS AND ANY CORAFBPONDENce
DESCRIPTION
1112512014
VENDOR
MacAllister Power Systems
7575 East 30th Street
Indianapolis, IN 46219
SHIP
TO
Cannel Fire Department
2 Cannel Civic Square
Cannel, IN 46032
(317) 571 - 2622
MRWYARON
BuroIET
CONTRACT
PAYMENT TEAMS
FREIGHT
• Ns
OUANUTY IIAAtOFMF%1611ABi
DESCRIPTION
UNIT PRICE
E%TENSICN
Account 102.6010)
1 Each Insttel of Generator - Statton 41
Send Invoice To:
Carmel Fire Department
2 Carmel Civic Square
Camlel, IN 460132-
PLEASE INVOICE IN DUPLICATE
$66,063 00 266,062 00
Sub Total: $66.063 00
DEPARTMENT
ACCOUNT
PROJECT
1 PROJECT ACCOUNT 1 AMOUNT
Carmel Fire Department
SNIPPING INSTRUCTIONS
• IMP REPAID.
• COD. SHIPI@TTB CALRIDT BE ACCEPTED.
• PURCHASE ORDER NUMBER MST APPEAR ON All
/IMPAIRS tall
• THIS ORDER ISSUED IN COMPLIANCE ram CHAPTER 09, ACTS 1045
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
ORDERED BY
TITLE
PAYMENT • $66 063.00
• rue VOUCHER CAteIOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER B MADE A PART OF THE VOUCHER AND EVERY LWOICE AND
VOUCHER HAS THE PROPER SWORNAFFIDAVIT ATTACH®.
• I HEREBY CERTI}S'.TIAT THERE IS AN CND/SKATED BALANCE DI
THIS AR /OPIADOLIS Fi ENT TO PAY FOR N1MABOVE ORDER
IF
-774 / Oe -_.,
24650 CLERK- TREASURER
DOCUMENT CONTROL NO. A.P.V. COPY • SION AND RETURN TO CLERK'S OFFICE