statewide information sheet -...

Statewide Information Sheet

Statewide Contract Number SWC80773

Name of Contract Agricultural and Industrial Tractors

Effective Date November 9, 2009

Contract Table of Contents

Vendors Awarded 6 Contract Information: MANDATORY CONTRACT

Contract Information for Vendor Page

Number

Hall Manufacturing, Inc. 2

JCB, Inc. 3

John Deere Company

Lashley Tractor Sales

4

5

Tractor & Equipment Company 6

Yancey Brothers Company 7

Additional Contract Information

Contract Summary 8

Awarded Manufacturers 9

Lease, Trade-In & Loaner Vehicles 10

Contract Renewals/Extension/Contract Changes 11

Item Schedule 14

Lease Agreement 27

Vendor Information Sheet Vendor Name: Hall Manufacturing, Inc.

Contract Information

Statewide Contract Number SWC80773-3

PeopleSoft Vendor Number 0000003126 Location Code 001

Vendor Name & Address

Hall Manufacturing, Inc. 3706 East Washington Avenue P.O. Drawer 5638 North Little Rock, AR 72119-5638

Awarded Manufacturer Bush-Whacker

Contract Administrator

Andy CapelTelephone: 501-945-7550 ext. 232Fax: 501-945-0072

Contact Details

Ordering Information Hall Manufacturing, Inc. P.O. Drawer 5638 North Little Rock, AR 72119-5638

Remitting Information Hall Manufacturing, Inc. P.O. Drawer 5638 North Little Rock, AR 72119-5638

Delivery Days Orders will be shipped within 45 days after receipt of Purchase Order

Discounts N/A

Payment Terms Net 30 Days

Bid Offer includes State and Local Government

Acceptable payment method

Vendor will accept Purchase Orders and the Purchasing Card under this contract as permitted by current policies governing the Purchase Card Program.

mailto:[email protected]

Vendor Information Sheet

Vendor Name: JCB, Inc.





JCB, Inc. 2000 Bamford Blvd. Pooler, GA 31322

Awarded Manufacturer JCB


Scott Whitehurst Telephone: 803-730-1833 Email: [email protected]

Contact Details

Ordering Information JCB, Inc. 2000 Bamford Blvd. Pooler, GA 31322

Remitting Information JCB, Inc. 2000 Bamford Blvd. Pooler, GA 31322

Delivery Days Orders will be shipped within 120 days or less after receipt of Purchase Order

Discounts N/A

Payment Terms Net 30 days






Vendor Name: John Deere Company





John Deere Company 2000 John Deere Run Cary, NC 27513

Awarded Manufacturer John Deere


Andrew HillTelephone: 919-804-2831 Fax: 309-749-2313

Order Processing 800-358-5010 Option 1 Option 1 again

Contact Details

Ordering Information John Deere Company 2000 John Deere Run Cary, NC 27513

Remitting Information John Deere Company 21748 Network PlaceChicago, IL 60673-1217


Discounts N/APayment Terms Net 30 daysBid Offer includes State and Local Government


Vendor will accept Purchase Orders and the Purchasing Card under this contract as permitted by current policies governing the Purchase Card Program.contract


Vendor Information Sheet Vendor Name: Lashley Tractor Sales


Statewide Contract Number SWC80773



Lashley Tractor Sales 6953 Covington Highway Lithonia, GA 30058

Awarded Manufacturers Paladin Alamo Kubota Wood Bushhog New Holland


Ron PortmannTelephone: 770-349-3031 Cell# 770-617-9840 Fax: 678-218-1375Website

Contact Details

Ordering Information Lashley Tractor Sales 6953 Covington Highway Lithonia, GA 30058

Remitting Information Lashley Tractor Sales 6953 Covington Highway Lithonia, GA 30058


Discounts N/APayment Terms Net 30 days





http://www.Lashleytractorsales.net


Vendor Name: Tractor & Equipment Company





Tractor & Equipment Company 5732 Frontage Road Forest Park, GA 30297

Awarded Manufacturer Komatsu


Scott DeitzTelephone: 404-366-0693 Cell Phone: 678-910-8668 Fax: 404-366-9688

Contact Details

Ordering Information Tractor & Equipment Company 5732 Frontage Road Forest Park, GA 30297

Remitting Information Tractor & Equipment Company 5732 Frontage Road Forest Park, GA 30297

Delivery Days Orders will be shipped within 60-90 days after receipt of Purchase Order

Discounts N/A






Vendor Information Sheet Vendor Name: Yancey Brothers Company





Yancey Brothers Company 330 Lee Industrial Blvd. Austell, GA 30168-7406

Awarded Manufacturer Challenger Shulte Caterpillar Chambers Massey Ferguson


John McLeanTelephone: 770-819-5181 Fax: 770-819-5650

Contact Details

Ordering Information Yancey Brothers Company 330 Lee Industrial Blvd. Austell, GA 30168-7406

Remitting Information Yancey Brothers Company 330 Lee Industrial Blvd. Austell, GA 30168-7406

Delivery Days Orders will be shipped within 30 days after receipt of Purchase Order

Discounts N/A






Contract Summary

This contract is established with multiple vendors for the provision of tractors, loaders, crawlers, motor graders and skid steers. Authorized Purchasers include: State of Georgia Departments, Agencies, Authorities, Boards, Commissions, Offices, College and Universities, as well as Cities, Townships, Counties and other political subdivisions. All vendors provide sales and maintenance/repairs of new equipment and some provide leasing. If a lease is required, the following lease agreement must be utilized. Please see special terms, conditions and specifications for details. Each vendor has agreed to provide service for the entire State.

Awarded Manufacturers

Following is a list of manufactures on this contract:

Bush-Whacker Hall Mfg. JCB JCB John Deere John Deere Company Komatsu Tractor & Equipment Company Bushhog Wade Tractor & Equipment, Inc. New Holland Wade Tractor & Equipment, Inc. Paladin Wade Tractor & Equipment, Inc. Kubota Wade Tractor & Equipment, Inc. Alamo Wade Tractor & Equipment, Inc. Woods Wade Tractor & Equipment, Inc. Challenger Yancey Brothers Company Massey Ferguson Yancey Brothers Company Shulte Yancey Brothers Company Caterpillar Yancey Brothers Company Chambers Yancey Brothers Company

Equipment Changes: Updating Tractor Models This statewide contract includes tractors and parts from multiple manufacturers. Over the life of this statewide contract, DOAS expects changes to occur in the tractor lines offered by these manufacturers. The statewide contract permits the awarded tractors to be updated. For example, all awarded vendors may request approval from DOAS to replace discontinued tractor models with new tractor models. In approving any requests for changes to the awarded tractor models, DOAS will consider whether the “new” tractor model will meet the specifications of the statewide contract. In addition, the “new” model would have to be offered at the current price of the tractor model to be discontinued. If approved by DOAS, the model information would be updated on the DOAS website. Any adjustments to price will occur in accordance with the statewide contract provisions concerning price increases.

Lease, Trade-In & Loaners

The following vendors offer a lease option: • JCB, Inc.• Tractor & Equipment Company • Yancey Brothers Company

The following vendors accept trade-ins: • JCB, Inc. • John Deere Company• Tractor & Equipment Company • Yancey Brothers Company

NOTE: Trade-in’s must be pre-approved by DOAS Surplus Property. Please call: (770) 414-6468

The following vendors offer loaner vehicles: JCB, Inc. – “does not offer loaners, but the 2 dealers, Atlanta JCB and Low Country Machinery, will strive to ensure total uptime of machinery sold to the State of Georgia. When circumstances require additional actions, they will provide a loaner machine (if one is available) to satisfy the customer.” John Deere Company - “will provide a loaner machine if there is a safety recall during warranty period.” Tractor & Equipment Company - “will provide a loaner machine on a case by case basis.”

Yancey Brothers Company - “will at its discretion, provide loaner machines to the State. The decision to provide loaners will be handled on a case-by-case basis and will be at the sole discretion of Yancey Brothers Company. The decision to provide a loaner will be based upon availability of loaners, the needs of the agency, the amount of time the machine has been down due to repair, the reason for the repair, and the repair history of the machine, as well as other factors determined by Yancey Brothers Company.”

Contract Renewals/Extensions/Contract Change Information

• Effective January 16, 2008, The Whitson Company d/b/a Power Tool Company has discontinued 5 Mowers and replaced 1 Mower. The discontinued items are highlighted in red and the replacement item highlighted in green on the Mowers Master Pricing Schedule.

• Effective February 1, 2008, The Whitson Company d/b/a Power Tool

Company will increase prices by 2.5%. See Mowers Master Pricing Schedule.

• Effective March 26, 2008 Coye Consultants, Inc. contract was assigned

to Jerry Pate Turf and Irrigation, Inc. All reference to Coye Consultants, Inc. has been changed to Jerry Pate Turf and Irrigation, Inc.

• Effective April 1, 2008 Moridge Manufacturing, Inc. discontinued 3

models and replaced them with items highlighted in green on the Mowers Master Pricing Schedule.

• Effective April 1, 2008 John Deere Company discontinued 3 models

and replaced them with the items highlighted in green on the Mowers Master Pricing Schedule.

• Effective May 27, 2008 Jerry Pate Turf & Irrigation, Inc. increased

pricing by 3% on Mowers 22-42. Items are highlighted in yellow.

• Effective July 28, 2008 John Deere Company discontinued the F687 air cooled, gas, hydrostatic dive, pto dive to mower deck and replaced it with the Z820A. The item is highlighted in green on the Mowers Master Pricing Schedule.

• Effective January 13, 2009 Jerry Pate has discontinued Model #’s

“30582 GM580D” and “30583 GM580D”. These models are no longer displayed on the Master Pricing Schedule.

• Effective January 28, 2009, Jerry Pate has discontinued Model #’s

30410-4WD, 30411-4WD, 40410-4WD5432, 30856-4WD, AND 30868-4WD. These Models are no longer displayed on the Master Pricing Schedule

• Effective April 1, 2009, Jerry Pate’s pricing will increase by 2.63% on

the following products, previously supplied by Coye: Model#s

74903, 74291, 74292, 74293, 74295, 74297. Additionally, the following Jerry Pate Models have been discontinued 74417, 74282, 74283, 74284, 74253, 74254, 74266, 74267, 74268, 74269

Amendment#1 Effective Date of this change: March 18, 2009 Initial Effective Date of Contract: December 2, 2009 Expiration Date: December 1, 2009 This Amendment is for the Assignment of Wade Tractor & Equipment, Inc., and Lashley Tractor Sales. All inquiries for Wade Tractor & Equipment, Inc. should be directed to Lashley Tractor Sales. Change #5 Effective Date of this change: March 18, 2009 Initial Effective Date of Contract: November 09, 2007 Expiration Date: November 08, 2009 This is notification to advise of the following changes:

• Lashley Tractor Sales – Price increase of 4.8% to 5.3%. Catalog dates, models and discontinued items have been updated.

Amendment #2 Effective Date of this change: November 09, 2009 Initial Effective Date of Contract: November 09, 2007 Expiration Date: November 08, 2010 This contract has been renewed for an additional year at the same terms and conditions with the same vendors. The cover page of this contract has been updated to reflect the new expiration date. Change #6 Effective Date of this change: March 18, 2009 Initial Effective Date of Contract: November 09, 2007 Expiration Date: November 08, 2009 This is notification to advise of the following changes:

• JCB,Inc. – approved for a 3% price increase. • JCB, Inc. discontinued the following models: 3278, 3660 and the 6570. • JCB, Inc. updated the following models:

Previous Models Updated Models

5779 5374 5906 5334

Yancey Brothers is no longer the dealer for the following products:Challenger, Chambers, Massey and Schulte.

Yancey Brothers discontinued the following models: Caterpillar D5N,Caterpillar 143H and Caterpillar D5N.

Yancey Brothers updated the following models:

Previous Model Updated Model904B 904H906B 906H908B-930G 908H-930HIT38G IT38H416-446 416E-450E216C-299C 216C-299C120H 120M12H 12M140H 140M14H 14MD6R D6T301.5-305 301.6C-305C307-318 307D-319D320-330 320D-336DM313-M322 M313D-M322D

Extension #1Effective Date of this Change: November 9, 2010Initial Effective Date of Contract: November 9, 2007Expiration Date: March 8, 2011This contract has been extended for an additional four (4) months. All suppliers have agreed to this extension with no change in the pricing, terms, or conditions.

Extension #2Effective Date of this Change: March 9, 2011Initial Effective Date of Contract: November 9, 2007Expiration Date: June 8, 2011This contract has been extended for an additional three (3) months. John Deere Construction Retail Sales. All terms and conditions remain the same. All other suppliers have agreed to this extension with no change in the pricing, terms, or conditions. Extension #3Effective Date of this Change: June 9, 2011Initial Effective Date of Contract: November 9, 2007Expiration Date: July 8, 2011This contract has been extended for an additional month. All terms and conditions remain the same. All suppliers have agreed to this extension with no change in the pricing, terms or conditions.

State of Georgia Agricultural and Industrial Tractors

Item Description Series

Bush-Whacker 6010Bush-

Whacker 6010 Heavy Duty 2007 1/1/2007 44.00% 44.00% 19.00%

Bush-Whacker 6010PBush-

Whacker 6010p Heavy Duty 2007 1/1/2007 44.00% 44.00% 19.00%









% Discount Offered from

Catalog% Discount Offered on All

Parts

% Discount Offered on

Accessories/Attachments

HALL MANUFACTURING, INC. - BUSH-WHACKER (Page 1)

Brand Model Catalog # Catalog Date

1


Bush-Whacker T-104Bush-

Whacker T-104 Heavy Duty 2007 1/1/2007 44.00% 44.00% 19.00%

Bush-Whacker T-104PBush-

Whacker T-104p Heavy Duty 2007 1/1/2007 44.00% 44.00% 19.00%









Bush-Whacker RME-17

Bush-Whacker RME-17 Heavy Duty 2007 1/1/2007 44.00% 44.00% 19.00%

HALL MANUFACTURING, INC. - BUSH-WHACKER (Page 2)

2


JCB, INC. (PAGE 1)

Item NIGP Code Brief Description

Tractors Farm Wheel Type 02089 JCB 3230Agricultural Tractor with full suspension, 42 mph, 220 HP 3230 01/01/07 30.00% 30.00% 12.00%

Tractors Farm Wheel Type 02089 JCB 8250Agricultural Tractor with full suspension, 42 mph, 280 HP 8250 01/01/07 30.00% 30.00% 12.00%

Loader Backhoe 76051 JCB Mini CXLoader Backhoe, 20hp, 0.3 cu yd loader, 8ft dig depth 1502 01/01/07 29.00% 29.00% 9.00%

Loader Backhoe 76051 JCB 2CX 12FTLoader Backhoe, 74hp, 1.0 cu yd loader, 12ft dig depth 0282 01/01/07 30.00% 30.00% 12.00%

Tractor Loader 76051 JCB 2CX Loader Utility Loader, 74hp, 1.0 cu. yd loader 0286 01/01/07 30.00% 30.00% 12.00%

Utility Tractor 76051 JCB 2CX Utility Utility Loader, 74hp, 1.0 cu. yd loader, 3 point hitch 0285 01/01/07 30.00% 30.00% 12.00%

Loader Backhoe 76051 JCB 3C 14FTLoader Backhoe, 92 hp, 1.25 cu yd loader, 14 ft dig depth 3C 14FT 01/01/07 30.00% 30.00% 12.00%

Tractor Loader 76051 JCB 3C LLLoader Landscaper 92 hp, 1.25 cu yd loader, 3 point hitch 3C LL 01/01/07 29.00% 29.00% 9.00%

Loader Backhoe 76051 JCB 3CX 14FTLoader Backhoe, 92 hp, 1.4 cu yd loader, 14' 7" dig depth 3CX 14FT 01/01/07 35.00% 35.00% 12.00%

Loader Backhoe 76051 JCB 4CX 14 FTLoader Backhoe, 100hp, AWS, 1.4 cu yd, 14' 7" dig depth 4CX 14FT 01/01/07 30.00% 30.00% 12.00%

Loader Backhoe 76051 JCB 3C 15FTLoader Backhoe, 92hp, 1.4 cu yd loader, 16' 3" dig depth 3C 15FT 01/01/07 29.00% 29.00% 9.00%

Loader Backhoe 76051 JCB 3CX 15FTLoader Backhoe, 100hp, 1.4 cu yd loader, 16' 3" dig depth 3CX 15FT 01/01/07 32.00% 32.00% 12.00%

Loader Backhoe 76051 JCB 4CX 15FTLoader Backhoe, 100hp, AWS, 1.4 cu yd, 16' 3" dig depth 4CX 15FT 01/01/07 32.00% 32.00% 12.00%

Loader Backhoe 76051 JCB 3CX 17FTLoader Backhoe. 100hp, 1.6 cu yd loader, 17' 7" dig depth 3CX 17FT 01/01/07 35.00% 35.00% 12.00%

Loader Backhoe 76051 JCB 4CX 17FTLoader Backhoe, 100hp, AWS, 1.4 cu yd, 17' 7" dig depth 4CX 17FT 01/01/07 35.00% 35.00% 12.00%

Brand ModelCatalog

Date


CatalogCatalog #% Discount Offered on


% Discount Offered on All

Parts

4


JCB, INC. (PAGE 2)


Skid Steer Loader 76051 JCB 160Skid Steer Loader, 44hp, 1,323 lbs operating capacity 8872 01/01/07 24.00% 24.00% 12.00%




Tracked Loader 76583 JCB 180T Tracked Loader, 60hp, 1,808 lbs operating capacity 8880 01/01/07 24.00% 24.00% 12.00%



Telescopic Boom Loader 76051 JCB 531-70 AGRI1.75cu yd loader, 23ft lift height, 6,000 lbs max lift, 100hp 5906 01/01/07 29.00% 29.00% 12.00%

Telescopic Boom Loader 76051 JCB 536-60 AGRI1.75cu yd loader, 20' 6" lift height, 7,000 lbs max lift, 100hp 5712 01/01/07 32.00% 32.00% 12.00%

Telescopic Boom Loader 76051 JCB 536-60 AGRI Plus1.75cu yd loader, 20' 6" lift height, 7,000 lbs max lift, 125hp 5725 01/01/07 32.00% 32.00% 12.00%

Telescopic Boom Loader 76051 JCB 541-70 AGRI Plus1.75cu yd loader, 23' 0" lift height, 9,000 lbs max lift, 125hp 5944 01/01/07 31.00% 31.00% 12.00%

Telescopic Boom Loader 76051 JCB 520 0.9cu yd loader, 16' 5" lift height, 4,400 lbs lift, 76hp 5029 01/01/07 29.00% 29.00% 12.00%

Telescopic Boom Loader 76051 JCB 520-40 0.9cu yd loader, 13' 2" lift height, 4,000 lbs lift, 50hp 5817 01/01/07 29.00% 29.00% 12.00%

Telescopic Boom Loader 76051 JCB 524-50 1.3cu yd loader, 16' 5" lift height, 5,000 lbs lift, 83hp 5818 01/01/07 31.00% 31.00% 12.00%Telescopic Boom Loader 76051 JCB 527-55 1.3cu yd loader, 18' lift height, 6,000 lbs lift, 83hp 5819 01/01/07 29.00% 29.00% 12.00%

Telescopic Boom Loader 76051 JCB 531-70 1.75cu yd loader, 23' lift height, 6,000 lbs lift, 85hp 5336 01/01/07 34.00% 34.00% 12.00%

Telescopic Boom Loader 76051 JCB 531-70T 1.75cu yd loader, 23' lift height, 6,000 lbs lift, 100hp 5334 01/01/07 34.00% 34.00% 12.00%

% Discount Offered on Accessories/Attachments


Parts


CatalogBrand Model Catalog #Catalog

Date

5


JCB, INC. (PAGE 3)


Telescopic Boom Loader 76051 JCB 535-1401.75cu yd loader, 43' 3" lift height, 7,000 lbs lift, 100hp 5374 01/01/07 33.00% 33.00% 12.00%

Telescopic Boom Loader 76051 JCB 541-70T 1.75cu yd loader, 23' lift height, 8,000 lbs lift, 100hp 5338 01/01/07 32.00% 32.00% 12.00%



Wheel Loader 76051 JCB 426AGRI2.3 - 3.5cu yd loader, 13' 3" load over height, 150gross hp 6726 01/01/07 29.00% 29.00% 12.00%

Wheel Loader 76051 JCB 436AGRI3.1 - 4.0cu yd loader, 14' 6" load over height, 173gross hp 6770 01/01/07 29.00% 29.00% 12.00%

Wheel Loader 76051 JCB 407ZX1.0cu yd loader, 75 gross hp, 10,380lbs op. weight approx. 6570 01/01/07 29.00% 29.00% 12.00%

Wheel Loader 76051 JCB 409ZX1.25cu yd loader, 75 gross hp, 11,570lbs op weight approx. 6572 01/01/07 29.00% 29.00% 12.00%

Wheel Loader 76051 JCB 411HT1.6cu yd loader, 100 gross hp 18,415lbs op weight approx. 6306 01/01/07 34.00% 34.00% 12.00%

Wheel Loader 76051 JCB 416HT1.8cu yd loader, 125 gross hp 20,450lbs op. weight approx. 6315 01/01/07 36.00% 36.00% 12.00%

Wheel Loader 76051 JCB 426HT2.7cu yd loader, 150 gross hp, 28,835lbs op weight approx. 6725 01/01/07 35.00% 35.00% 12.00%





Wheel Loader 76051 JCB 456ZX4.6cu yd loader, 215 gross hp, 41,600lbs op. weight approx. 6785 01/01/07 30.00% 30.00% 12.00%

Brand Catalog #Catalog

Date


Catalog% Discount Offered on



PartsModel

6


JOHN DEERE COMPANY (Page 1)


41 020 John Deere 7630 7630 Tractor A2 1-Nov-06

29.00% Addt'l Disc.:

3-4 units 1%5-6 units 2%7-8 units 3%9 or more 4%

29.00%With Tractor:3-4 units 1%5-6 units 2%7-8 units 3%9 or more 4% 0.00%

















46 020 John Deere 8230T 8230 Tractor A2 1-Nov-06




Model Catalog #Catalog

Date

% Discount Offered on Accessories/Attachment

s


PartsBrand


Catalog

9





























s


Parts



Date

10
















56 020 John Deere 512 512 Standard Loader A9 1-Nov-06













PartsBrand Model Catalog #Catalog

Date


Catalog


s

11


JOHN DEERE COMPANY(Page 4)


59 020 John Deere 563 563 Non-Self-Leveling Loader A9 1-Nov-06




60 020 John Deere 563 563 Self-Leveling Loader A9 1-Nov-06




61 020 John Deere 673 673 Non-Self-Leveling Loader A9 1-Nov-06




62 020 John Deere 673 673 Self-Leveling Loader A9 1-Nov-06




63 020 John Deere 740740 Classic Mechanical Self-Leveling Farm

Loader A9 1-Nov-06




64 020 John Deere 741 741 Standard Farm Loader A9 1-Nov-06





s


Parts



Date

12


JOHN DEERE COMPANY(Page 5)


65 020 John Deere 746 746 Mechanical Self-Leveling Farm Loader A9 1-Nov-06




66 020 John Deere 843 843 Farm Loader A9 1-Nov-06





Catalog


PartsModel


sBrand Catalog #Catalog

Date

13


TRACTOR AND EQUIPMENT COMPANY, INC.

Item NIGP Code Brief Description76051 KOMATSU WA 150-6 WHEEL LOADER 40.00% 40.00%76051 KOMATSU WA200-6 WHEEL LOADER 41.00% 41.00%76051 KOMATSU WA250-6 WHEEL LOADER 44.00% 44.00%76051 KOMATSU WA320-6 WHEEL LOADER 44.00% 44.00%76051 KOMATSU WA380-6 WHEEL LOADER 44.00% 44.00%

76033 KOMATSU GD555-3C MOTOR GRADER 51.00% 51.00%76033 KOMATSU GD655-3EO MOTOR GRADER 50.00% 50.00%

76006 KOMATSU D31EX-21A DOZER 39.00% 39.00%

76006 KOMATSU D31PX-21A DOZER 39.00% 39.00%76006 KOMATSU D37EX-21A DOZER 40.00% 40.00%76006 KOMATSU D37PX-21A DOZER 40.00% 40.00%76006 KOMATSU D39EX-22 DOZER 42.00% 42.00%76006 KOMATSU D39PX-22 DOZER 42.00% 42.00%


Catalog

% Discount Offered on

Accessories/AttachmCatalog #BrandCatalog

Date


PartsModel

19


YANCEY BROS.

Item NIGP Code Brief DescriptionWheel Loader 76051 Caterpillar 904H Caterpillar Wheel Loader US-07-01 1/2/2007 21.00% 19.00% 0.00%Wheel Loader 76051 Caterpillar 906H Caterpillar Wheel Loader US-07-01 1/2/2007 28.00% 26.00% 0.00%Wheel Loader 76051 Caterpillar 908H-930H Caterpillar Wheel Loader US-07-01 1/2/2007 28.00% 26.00% 0.00%Wheel Loader 76051 Caterpillar 938G-962H Caterpillar Wheel Loader US-07-01 1/2/2007 28.30% 26.30% 0.00%Wheel Loader 76051 Caterpillar 966H Caterpillar Wheel Loader US-07-01 1/2/2007 24.50% 22.50% 0.00%Wheel Loader 76051 Caterpillar 972H Caterpillar Wheel Loader US-07-01 1/2/2007 21.50% 19.50% 0.00%Wheel Loader 76051 Caterpillar IT14G Caterpillar Wheel Loader - Tool Carrier US-07-01 1/2/2007 28.30% 26.30% 0.00%Wheel Loader 76051 Caterpillar IT38H Caterpillar Wheel Loader - Tool Carrier US-07-01 1/2/2007 29.50% 27.50% 0.00%Wheel Loader 76051 Caterpillar IT162H Caterpillar Wheel Loader - Tool Carrier US-07-01 1/2/2007 28.60% 26.60% 0.00%Loader-Crawler 76051 Caterpillar 939C Caterpillar Loader - Crawler US-07-01 1/2/2007 25.70% 23.70% 0.00%Loader-Crawler 76051 Caterpillar 953D Caterpillar Loader - Crawler US-07-01 1/2/2007 23.70% 21.70% 0.00%Loader-Crawler 76051 Caterpillar 963D Caterpillar Loader - Crawler US-07-01 1/2/2007 23.70% 21.70% 0.00%Wheel Loader 76051 Caterpillar 416E-450E Caterpillar Loader Backhoe US-07-01 1/2/2007 25.00% 23.00% 0.00%Skid Steer Loader 76051 Caterpillar 216C-299C Caterpillar Skid Steer Loader US-07-01 1/2/2007 23.84% 21.00% 0.00%Motor Grader 76033 Caterpillar 120M Caterpillar Motor Grader US-07-01 1/2/2007 34.48% 32.48% 0.00%Motor Grader 76033 Caterpillar 12M Caterpillar Motor Grader US-07-01 1/2/2007 34.58% 32.58% 0.00%

Motor Grader 76033 Caterpillar 135H- DISCONTINUED Caterpillar Motor Grader US-07-01 1/2/2007 34.58% 32.58% 0.00%Motor Grader 76033 Caterpillar 140M Caterpillar Motor Grader US-07-01 1/2/2007 34.58% 32.58% 0.00%

Motor Grader 76033 Caterpillar 143H - DISCONTINUED Caterpillar Motor Grader US-07-01 1/2/2007 36.58% 35.58% 0.00%Motor Grader 76033 Caterpillar 14M Caterpillar Motor Grader US-07-01 1/2/2007 25.08% 23.08% 0.00%Crawler 76583 Caterpillar D3K-D5K Caterpillar Crawler - Dozer US-07-01 1/2/2007 25.20% 23.20% 0.00%

Crawler 76583 CaterpillarD5N-D6N - D5 DISCONTINUED Caterpillar Crawler - Dozer US-07-01 1/2/2007 24.20% 22.20% 0.00%

Crawler 76583 Caterpillar D6T Caterpillar Crawler - Dozer US-07-01 1/2/2007 23.20% 21.20% 0.00%



Accessories/AttachmentsModel Catalog #Catalog

Date


PartsBrand

20


YANCEY BROS.

Item NIGP Code Brief DescriptionCrawler 76583 Caterpillar D6R Caterpillar Crawler - Dozer US-07-01 1/2/2007 23.20% 21.20% 0.00%Crawler 76583 Caterpillar D7R Caterpillar Crawler - Dozer US-07-01 1/2/2007 22.70% 20.70% 0.00%Crawler 76583 Caterpillar D8T Caterpillar Crawler - Dozer US-07-01 1/2/2007 22.00% 19.00% 0.00%Crawler 76583 Caterpillar 301.6C-305C Caterpillar Crawler - Excavato US-07-01 1/2/2007 22.50% 20.50% 0.00%Crawler 76583 Caterpillar 307D-319D Caterpillar Crawler - Excavato US-07-01 1/2/2007 27.00% 25.00% 0.00%Crawler 76583 Caterpillar 320D-336D Caterpillar Crawler - Excavato US-07-01 1/2/2007 36.00% 34.00% 0.00%Wheel Loader 76051 Caterpillar M313D-M322D Caterpillar Wheel Loader Excavator US-07-01 1/2/2007 32.00% 30.00% 0.00%





PartsBrand Model Catalog #Catalog

Date

21

Lease Agreement Statewide Contract Number: SWC 080773

STATE OF GEORGIA STANDARD AGENCY AGREEMENT

FOR RENTAL AND LEASE Agreement between ,

an Agency of the State of Georgia, as Lessee, hereinafter referred to as the User Agency, and

, as Lessor, hereinafter referred to as the Contractor, for the ("Rental"

[12 consecutive months or less] or "Lease" [more than 12 consecutive months] ), of certain equipment.

Subject to the terms and conditions set out below, the Contractor (“rents”

or "leases") to the User Agency the equipment as described below:

[Insert Complete Description of Equipment] 1. PAYMENTS

In consideration for the ("Rental" or "Lease") of the equipment covered herein, the User Agency shall pay to the Contractor for the equipment the sum of $_____________ per _________________ (day, week, month, quarter, year) as rent during the term of this agreement or any renewal hereof.

2. TERM

This agreement shall begin on the date that the equipment is accepted by the User Agency and shall continue until the close of business of the then current fiscal year of the State of Georgia, unless renewed pursuant to paragraph #3.

3. OPTION TO RENEW

The User Agency is hereby granted successive options to renew this agreement for additional terms of one fiscal year each (July 1 - June 30), and one final option to renew this agreement for a period sufficient to make the total extended term of this agreement ______ months, all upon the same terms and conditions, provided, that such options shall be exercisable solely and exclusively by the User Agency.

4. EARLY TERMINATION CHARGES

The payments set out herein are based upon the expectation of the parties that the User Agency will exercise all of the options to renew granted to it. In the event that the User Agency should fail to exercise all of said options to renew, it shall pay to the Contractor as additional rental for the concluding terms: [Insert Description of Early Termination Fee, if any]

5. RETURN OF EQUIPMENT

Unless title to the equipment is transferred to the User Agency as provided in paragraph #7, the Contractor may, upon the expiration of the last renewal options exercised by the User Agency or upon an early termination

pursuant to paragraphs #4 , #16 or #17, enter the premises of the User Agency and remove the equipment. In the event of early termination after the passage of title to the User Agency, and without full payment of the outstanding balance of the purchase price being tendered by the User Agency to the Contractor, title shall be transferred to the Contractor pursuant to paragraph #6.

6. INITIAL CONDITION OF EQUIPMENT

Any equipment leased or purchased hereunder shall be _________________________("new", "remanufactured", "reconditioned", etc.).

7. TITLE

The equipment is and shall at all times remain the sole property of the Contractor, and the User Agency shall have or acquire no right, title or interest therein, except as set forth in paragraph #8.

8. TRANSFER OF TITLE

The User Agency shall have the option of purchasing any equipment acquired by lease or rental hereunder at any time during the term of this agreement or any renewal thereof or upon the expiration of the last renewal term of this agreement for a price equal to: [Insert Price] upon notifying the Contractor of its intent to purchase or pay for the equipment, such notification to be made by issuance of a Purchase Order Correction. There shall be no prepayment penalties assessed for early pay out.

9. TOTAL OBLIGATION

The total obligation which the User Agency may incur in the initial term of this agreement is $__________. (Indicate amount due from the delivery of the equipment to either the next upcoming June 30 or the termination of the rental whichever comes first. Do not include Delivery or Installation charges [See Sections 10 and 11]). The total obligation which the User Agency may incur in each renewal term is as follows:

RENEWAL PERIOD TOTAL DOLLAR OBLIGATION FOR

PERIOD * First Renewal: $ * Second Renewal: $ * Third Renewal: $ * Fourth Renewal: $ * Fifth Renewal: $ * The first and subsequent renewals of the contract are determined by the State of Georgia's fiscal year (July 1- June 30 of the subsequent year). The final renewal may be less than one year. Do not include termination charges in the final renewal amount. Indicate such charges in Section 12. 10. DELIVERY

Shipping and delivery costs, if any, shall be borne by _________________________________________________ ("Contractor" or "User Agency"), such costs not to exceed $__________________________(If shipping and delivery charges are to be paid by the User Agency, indicate an exact or “shall not exceed” dollar amount; if such charges are not applicable or are to be paid by the Contractor, indicate “Not Applicable”). Shipment/Delivery shall be FOB: Destination.

11. INSTALLATION The Contractor shall install the equipment at the location designated by the User Agency. Installation costs shall be borne by the ________________________ ("Contractor" or "User Agency"), such costs not to exceed $__________________________ (If installation is to be paid by the User Agency, indicate an exact or “shall not exceed” dollar amount; if such charges are not applicable or are to be borne by the contractor, indicate “Not Applicable”).

12. TERMINATION/ RETURN OF EQUIPMENT CHARGES

Upon termination of the Rental or Lease period and all such renewals as shall be applicable, the User Agency shall pay as termination charges an amount not to exceed $ (Indicate either an exact or “shall not exceed” amount or “Not Applicable” if there are no termination charges). Such termination charges shall include packing, shipping, handling and any other charges related to the return of the equipment from the User Agency to the Contractor. These termination charges represent the charges for normal termination of the contract and not the Early Termination Charges referenced in Section 4.

13. REPAIRS AND MAINTENANCE

Unless otherwise stated in paragraph #23, the Contractor shall maintain the equipment in good working order and will make all necessary adjustments and repairs. For this purpose the Contractor shall have full and free access to the equipment. The charge for such maintenance is included in the payment set out in paragraph #1.

14. TAXES

The User Agency will forthwith pay all taxes lawfully imposed upon it with respect to the equipment or this agreement. The Contractor will forthwith pay all taxes lawfully imposed upon it with respect to the equipment or this agreement. By this section, the User Agency makes no representation whatsoever as the liability or exemption from liability of the Contractor to any tax imposed by any governmental entity.

15. RISK OF LOSS

The Contractor shall assume all risk of loss of the equipment at all times during the term of this agreement or any renewal thereof.

16. PATENTS

Contractor shall, at its expense, be entitled to and shall have the duty to participate in the defense of any suit instituted against the User Agency and indemnify the User Agency against any award of damages and costs made against the User Agency by a final judgment of a court of last resort in such suit insofar as the same is based on any claim that any of the equipment constitutes an infringement of any United States Letters Patent; provided the User Agency gives the Contractor immediate notice in writing of the institution of such suit, permits the Contractor to fully participate in the defense of the same and gives the Contractor all available information, assistance and authority to enable the Contractor to do so. The Contractor shall not be liable for any award of judgment against the User Agency reached by compromise or settlement unless the Contractor accepts the compromise or settlement. The Contractor shall have the right to enter into negotiations for and the right to effect settlement or compromise of any such action, but no such settlement shall be binding upon the User Agency unless approved by the Agency.

In case any of the equipment is in any suit held to constitute infringement and its use is enjoined, the Contractor shall, at its option and expense (1) procure for the User Agency the right to continue using the equipment; or (2) replace or modify the same so that it becomes non-infringing; or (3) remove the same and cancel any future charges pertaining thereto. The Contractor, however, shall have no liability to the User Agency if any such patent infringement or claim thereof is based upon or arises out of; (1) compliance with designs, plans or specifications furnished by or on behalf of the User Agency as to the equipment; or (2) the use of the equipment in combination with apparatus or devices not supplied by the Contractor; or (3) the use of equipment in a manner for which the same was neither designed or contemplated; or (4) the claimed infringement of any patent in which the User Agency or any affiliate or subsidiary of the User Agency had any direct interest by license or

otherwise. The foregoing states the entire liability of the Contractor for or resulting from patent infringement or claim thereof.

17. DEFAULT

Upon the failure of the User Agency to make any payment when due, or upon the failure of the User Agency to perform any other obligation imposed upon it by this agreement and upon the continuance of such failure after the receipt of written notice thereof from the Contractor, the User Agency shall be deemed to be in default hereunder. Upon the occurrence of any such default, the Contractor shall have the right, in addition to any other legal remedy available to it, to enter the User Agency's premises and remove the equipment.

18. FUNDING

Notwithstanding any other provision of this agreement, the parties hereto agree that the charges hereunder are payable by the User Agency solely from appropriations received by the General Assembly of the State of Georgia. In the event such appropriations are determined in the sole discretion of the chief operating officer of the User Agency no longer to exist or to be insufficient with respect to the charges payable hereunder, this agreement shall terminate without further obligation of the User Agency as of that moment (hereinafter referred to as "Event"). In such Event, the chief operating officer of the User Agency shall certify to the Contractor the occurrence thereof, and such certification shall be conclusive. In the event of the User Agency's certification, the User Agency agrees not to replace before the end of the fiscal year in which the Event occurs or before the expiration of this agreement, whichever occurs first, the equipment covered hereunder with equipment obtained from another contractor at the same or higher annual cost to the User Agency.

19. ASSIGNMENT

The Contractor may, with the prior approval of the User Agency, assign its right to receive payments hereunder, provided, that such assignment shall not relieve the Contractor of its responsibility to perform any duty imposed upon it herein.

20. SEVERABILITY

This agreement embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein by other written consent. If any provision herein is held to be invalid, it shall be considered deleted here from and shall not invalidate the remaining provisions.

21. CHOICE OF LAW

This agreement shall be governed in all respects by the laws of the State of Georgia.

22. GENERAL

a. The provisions of the Georgia Vendor Manual are incorporated herein by reference and made a

part hereof as if it had been fully set out herein. Provided, however, that in the event of a conflict between the terms and conditions contained therein and the terms and conditions of this agreement, the latter shall be controlling.

b. The terms, conditions and specifications of the Request for Proposal or Request for Quote, if any,

and/or any award made in connection with this transaction are incorporated herein by reference and made a part hereof just as if they had been fully set out herein.

c. Items covered herein are exempt from Federal Excise Tax and from Georgia Sales and Use Tax.

23. DRUG-FREE WORKPLACE a. If Contractor is an individual, he or she hereby certifies that he or she will not engage in

the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract.

b. If Contractor is an entity other than an individual, it hereby certifies that:

(1) A drug-free workplace will be provided for the Contractor's employees during

the performance of this contract; and

(2) It will secure from any subcontractor hired to work in a drug-free workplace the following written certification: “As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name), certifies to the Contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph 7 of subsection B of Code Section 50-24-3.”

c. Contractor may be suspended, terminated, or debarred if it is determined that:

(1) The Contractor has made false certification hereinabove; or

(2) The Contractor has violated such certification by failure to carry out the

requirements of Official Code of Georgia Section 50-24-3." 24. ANTI-COLLUSION CLAUSE

In the event this agreement is entered into as the result of a competitive bid, the following paragraph shall be deemed to be applicable.

"I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid, and certify that I am authorized to sign this bid for the bidder (O.C.G.A. 50-5-67). I further certify that the provisions of the Official Code of Georgia Annotated 45-10-20 et. seq. have not and will not be violated in any respect."

IN WITNESS WHEREOF, USER AGENCY AND CONTRACTOR HAVE EXECUTED THE AGREEMENT ON THE DATES SPECIFIED BELOW.

7. Contractor

Contractor’s Name (If other than an individual, state whether a corporation, partnership, etc.) By (Authorized Signature)

Date Signed

Printed Name and Title of Person Signing Address 8.

User Agency

User Agency Name By (Authorized Signature)

Date Signed

Printed Name and Title of Person Signing Address

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