STATE OF MISSOURI } April Session of the April Adjourned Term Term. 20 06 ea.

County of Boone

In the County Commission of said county, on the 6th day of April 2006

the following, among other proceedings, were had, vlz:

Now on this day the County Commission of the County of Boone does hereby award bid 16-2 1 MAR06 Road Construction Equipment Rental to the following:

Hertz Equipment Rental Corporation Primary (4.7.1,4.7.2,4.7.6,4.7.7, 4.7.8) Secondary (4.7.5)

Roland Machinery Co. Primary (4.7.3) Secondary (4.7.1,4.7.2,4.7.6) Tertiary (4.7.4, 4.7.5,4.7.5.1-4.7.5.4,4.7.8)

Crown Power and Equipment Primary (4.7.4, 4.7.5,4.7.5.1-4.7.5.4) Secondary (4.7.8) Tertiary (4.7.6)

Tri-State Construction Equipment Company Secondary (4.7.3,4.7.4) Quaternary (4.7.5, 4.7.5.1-4.7.5.4)

Fabick CAT Tertiary (4.7.1,4.7.2,4.7.3) Quaternary (4.7.4,4.7.8)

Cooke Sales and Service Quaternary (4.7.6)

It is further ordered that the Presiding Commissioner be hereby authori said contracts.

Done this 6"' day of April, 2006.

Presiding Commissioner

ATTEST: 1

Rare$ M. Miller Wendy S. floren District I Commissioner Clerk of the County Commission

&s.h,&bk

-Skip ~ l k i n j District I1 Commissioner

Commission Order # 13/-22 ~3& EQlllPMENT LEASE AGREEMENT FOR

ROAD CONSTRUCTION EQUIPMENT -TERM AND SUPPLY

THIS AGREEMENT dated the 4 day of 2006 is made between Boone County, Missouri, a political subdivision of the State of Missouri through the Boone "Lesseen and Crown Power & Equipment herein "Lessor."

IN CONSIDERATION of the parties performance of the respective obligations contained herein, the parties agree as follows:

1. Contract Documents - This agreement shall consist of this Equipment Lease Agreement for Road Construction Equipment, County of Boone Request for Bid for Lease of Road Construction Equipment, bid number 16-21MAR06, Introduction and General Conditions of Bidding, Primary Specifications, Response Presentation and Review, the unexecuted Response Form, as well as the Lessor's bid response dated March 21,2006 and executed by Jon Lafoy on behalf of the Lessor. All such documents shall constitute the contract documents which are attached hereto and incorporated herein by reference. Service or product data, specification and literature submitted with the bid response may be permanently maintained in the County Purchasing Office bid file for this bid if not attached. In the event of conflict between any of the foregoing documents, the Introduction and General Conditions of Bidding, Primary Specifications, Response Presentation and Review, and the unexecuted Response Form, shall prevail and control over the Lessor's bid response.

2. Lease-This agreement shall commence on April I,2006 and extend through March 31, 2007, subject to the provisions for termination specified below. This agreement may be extended beyond the expiration date by order of the County for three (3) additional one-year periods subject to the pricing clauses in the Contractor's bid response and thereafter on a month to month basis in the even the County is unable to re-bid andlor award a new contract prior to the expiration date after exercising diligent efforts to do so or not; provided, however, that from and after the expiration date of this agreement and any annual extensions thereof, Contractor shall have the right to terminate this agreement upon thirty days advance written notice of termination.

The Lessee agrees to lease from the Lessor and the Lessor agrees to lease to the Lessee the equipment proposed in the bid specifications as the primary supplier for the following:

Section 4.7.4. Crawler Dozer @ $7,000 per month

Section 4.7.5. TrackhoeiExcavator with attachments (Hydraulic Quick Coupler, Hydraulic Breaker, 36" Severe Duty Bucket, 6 0 Ditching Bucket) @ $9,900 per month

The Lessee agrees to lease from the Lessor and the Lessor agrees to lease to the Lessee the equipment proposed in the bid specifications as the secondary supplier for the following:

Section 4.7.8. Finishing Dozer @ $2,700 per month

The Lessee agrees to lease from the Lessor and the Lessor agrees to lease to the Lessee the equipment proposed in the bid specifications as the tertiary supplier for the following:

Section 4.7.6. Backhoe 4WD @ $1,800 per month

3. Delivery and Retum- Lessor agrees to deliver leased equipment fully operational and in pre-se~iced condition within the timeframe specified in the bid response. Lessor shall pick up the equipment leased hereunder at the same location per the bid specifications.

4. Billing and Payment - All billing shall be invoiced to the Boone County Public Works Department and billings may only include the prices listed in the Lessor's bid response. No additional fees for delivery or extra services or taxes shall be included as additional charges in excess of the charges in the Lessor's bid response to the specifications. The Lessee agrees to pay all invoices within thirty days of receipt; Lessor agrees to honor any cash or prompt payment discounts offered in its bid response if Lessee makes payment as provided therein. In the event of a billing dispute, the Lessee reserves the right to withhold payment on the disputed amount; in the event the billing dispute is resolved in favor of the Lessor, the Lessee agrees to pay interest at a rate of 9% per annum on disputed amounts withheld commencing from the last date that payment was due.

5. Maintenance and Repair- The Lessor agrees to provide and lease the equipment specified in the contract documents in good working order and repair and in pre-serviced condition. Lessee shall be responsible for normal routine service and maintenance in

accordance with manufacturer's recommendations while subject to this lease and further agrees to be liable for damage to the equipment which occurs during this lease, normal wear and tear excepted. Lessee shall not be liable or responsible for major equipment repair or failure which occurs during normal operations attributable to equipment age or normal use or due to wear and tear or lack of maintenance by the Lessor or prior equipment users, or due to defects existing in the equipment or components thereof predating this lease.

6. Binding Effect - This agreement shall be binding upon the parties hereto and their successors and assigns for so long as this agreement remains in full force and effect.

7. Entire Agreement - This agreement constitutes the entire agreement between the parties and supersedes any prior negotiations, written or verbal, and any other bid or bid specification or contractual agreement. 'This agreement may only be amended by a signed writing executed with the same formality as this agreement.

8. Termination - This agreement may be terminated by the Lessee upon thirty days advance written notice for any of the following reasons or under any of the following circumstances:

a. Lessee may terminate this agreement due to material breach of any term or condition of this agreement, or

b. Lessee may terminate this agreement if in the opinion of the Boone County Commission if delivery of products are delayed or products delivered are not in conformity with bidding specifications or variances authorized by Lessee, or

c. If appropriations are not made available and budgeted for any calendar year

IN WITNESS WHEREOF the parties through their duly authorized representatives have executed this agreement on the day and year first above written.

CROWN POWER AND EQUIPBENT BOONE COUNTY, MISSOURI

FORM: ATTEST: I

1 hereby certify that a sufficient unencumbered appropriation balance exists and is available to satisfy the obligation(s) arising from this contract. (Note: Certification of this contract is not required if the terms of this contract do not create a measurable County obligation at this time.)

2040171 700 TermlSupply

Date Appropriation Account

--

Countv o f Boone Purchasing Department 4. Response Form - Submit three (3) complete copies of your Response in a single sealed envelope,

clearly marked on the outside, left corner with your company name and return address, the bid number, and the due date and time.

4.1. Company Na

4.2. Address: . .

4.3. CityIZip: cbhmb:R &\ma-4.4. Phone Number: - -

C -4.5. FaxNumber:

5413- w-975 '7 ' 4.6. Federal Tax ID:

3 - \bl330C3 I

4.6.1. m p o r a t i o n ( ) Partnership - Name ( ) Individual/Proprietorship - Individual Name ( ) Other (Specify)

4.7. PRICING p-

1 Parts Cost Per ~ i e 7 Monthly Lease Cost

Service Number of Days

4.7.1. Model:

1 Current Hour Meter Reading: Self-propelled Single Drum Padfoot Delivery Date ARO Vibratory Roller Service I Number of Days Make: r /.

4'7'2' Model: Al(5II Year: W !

I Current Hour Meter Reading: $ I $ Self-propelled Pneumatic Roller Parts Cost Per Field Monthly Lease Cost Delivery Date ARO compactor / Service Number of Days 1 Make: I

1 Year: 11 Current Hour Meter Reading: 1 $ I $ 1 Crawler Dozer 1 Parts Cost Per Field Monthly Lease Cost Delivery Date ARO

Service ( umber of Days Make: Ii Model: Year: &?DOC/Current Hour Meter TrackhoelExcavator Monthly Lease Cost Delivery Date ARO

Service umber of Days Make: &A+ Model: C . X d It3

I1 I

I Year: c (0

--Current Hour Meter Readiflg:

Bid 16-21 MAR06 Page February 27,2006

7

--

! Hydraulic Quick Coupler ( Parts Cost Per Field I Monthly Lease Cost Delivery Date ARO 1

Year:

c 410 L

Service I $LZQZ

umber of Days

i 1

Model $-A

Parts Cost Per Field Monthly Lease Cost Delivery Date ARO Service umber of Days

Model: $a-A--{Delivew Date ARO - - - -- - - - - Year: 2 -- $ & 36" Severe Duty Bucket Parts Cost Per Field

Service Monthly Lease Cost

~umb'er of Days i 4.7.5.3. Make:

Model: Year: p3QO

C

$ . A D a $ 3C05

4.7.5.4.

60" Ditching Bucket

Make: a3-e

Parts Cost Per Field Service

Monthly Lease Cost NumberofDays 1

Model: Year: r300b $ NOgE $300;" L

I I A

Backhoe 4WD

1 Make: ( ~ S G 4'7"' 1 Model: . ~ g o & m

/1 4.7.7. Make: Alan/r-,'

I Year: $&3b1---ICurrent Hour Meter Reading: Self-propelled Water Tanker Distributor

I 1 Model:I I Year:

Current Hour Meter Reading: "-I 4 Finishing Dozer 1 I .A

4

I

I 1I1

1

Service . I Parts Cost Per Field

1 I

$ ' I

e a

$ ,JD!E

Service 1

Parts Cost Per Field Service

Monthly Lease Cost

$

s e Cost

Monthly Lease Cost

I 1I

I 1

umber of Days

I

I 1

Delivery Date ARO

I

Delivery Date ARO 1

/O i II

~el ivery Date ARO-1 Number of Days 1

NumberofDays I

Year: &OU\T w, Current Hour Meter Reading: 1 $ ,.hflL $ 2'780 3(3-

4.7.9. TOTAL $ $ J / ! Y L ~ ~ 4.8. FIELD SERVICE ...... ""

4.8.1. Hourly Labor Charge $ "23% 4.8.2. TriPSetuPor Tri P Fee $A 4.8.3. -Mileage Fee Per Mile $ 3 ,-75

I

M a x i m u m % Increase 2ndContract Period: I %

4.9.1. M a x i m u m % Increase 31dContract Period: %

4th Contract Period: %

Bid 16-21 MAR06 Page February 27,2006

8

The undersigned offers to furnish and deliver the articles or services as specified at the prices and 4,10. terms stated and in strict accordance with the specifications, instructions and general conditions of

bidding which have been read and understood, and all of which are made part of this order.

4.10.1. Authorized Representative (Sign By Hand):

4.10.2.

Today's Date:

4.11. Will you honor the submitted prices for purchase by other en itie in Boone County who participate in cooperative purchasing with Boone County, Missouri? X Yes No

Bid 16-21 MAR06 Page February 27,2006

9

6 Commission Order # 131-EQUIPMENT LEASE AGREEMENT FOR

ROAD CONSTRUCTION EQUIPMENT -TERM AND SUPPLY

THIS AGREEMENT dated the 4 day of @ 2006 is made between Boons County, Missouri, a political subdivision of the State of Missouri through the Boone County ommission, herein "Lessee" and Cooke Sales 8 Service herein "Lessor."

IN CONSIDERATION of the parties performance of the respective obligations contained herein, the parties agree as follows:

1. Contract Documents - 'This agreement shall consist of this Equipment Lease Agreement for Road Construction Equipment, County of Boone Request for Bid for Lease of Road Construction Equipment, bid number 16-21 MARO6, Introduction and General Conditions of Biddirlg, Primary Specifications, Response Presentation and Review, the unexecuted Response Form, as well as the Lessor's bid response dated March 14,2006 and executed by Oscar Cooke on behalf of the Lessor. All such documents shall constitute the contract documents which are attached hereto and incorporated herein by reference. Service or product data, specification and literature submitted with the bid response may be permanently maintained in the County Purchasing Office bid file for this bid if not attached. In the event of conflict between any of the foregoing documents, the lntroduction and General Conditions of Bidding, Primary Specifications, Response Presentation and Review, and the unexecuted Response Form, shall prevail and control over the Lessor's bid response.

2. Lease -This agreement shall commence on April I,2006 and extend through March 31,2007, subject to the provisions for termination specified below. This agreement may be extended beyond the expiration date by order of the County for three (3) additional one-year periods subject to the pricing clauses in the Contractor's bid response and thereafter on a month to month basis in the even the County is unable to re-bid and/or award a new contract prior to the expiration date after exercising diligent efforts to do so or not; provided, however, that from and after the expiration date of this agreement and any annual extensions thereof, Contractor shall have the right to terminate this agreement upon thirty days advance written notice of termination.

The Lessee agrees to lease from the Lessor and the Lessor agrees to lease to the Lessee the equipment proposed in the bid specifications as the quaternary supplier for the following:

Section 4.7.6. Backhoe 4WD @ $2,250 per month

3. Delivery and Return- Lessor agrees to deliver leased equipment fully operational and in pre-serviced condition one week ARO. Lessor shall pick up the equipment leased hereunder at the same location per the bid specifications.

4. Billing and Payment - All billing shall be invoiced to the Boone County Public Works Department and billings may only include the prices listed in the Lessor's bid response. No additional fees for delivery or extra services or taxes shall be included as additional charges in excess of the charges in the Lessor's bid response to the specifications. The Lessee agrees to pay all invoices within thirty days of receipt; Lessor agrees to honor any cash or prompt payment discounts offered in its bid response if Lessee makes payment as provided therein. In the event of a billing dispute, the Lessee reserves the right to withhold payment on the disputed amount; in the event the billing dispute is resolved in favor of the Lessor, the Lessee agrees to pay interest at a rate of 9% per annum on disputed amounts withheld commencing from the last date that payment was due.

5. Maintenance and Repair- The Lessor agrees to provide and lease the equipment specified in the contract documents in good working order and repair and in pre-serviced condition. Lessee shall be responsible for normal routine service and maintenance in accordance with manufacturer's recommendations while subject to this lease and further agrees to be liable for damage to the equipment which occurs during this lease, normal wear and tear excepted. Lessee shall not be liable or responsible for major equipment repair or failure which occurs during normal operations attributable to equipment age or normal use or due to wear and tear or lack of maintenance by the Lessor or prior equipment users, or due to defects existing in the equipment or components thereof predating this lease.

6. Binding Effect - This agreement shall be binding upon the parties hereto and their successors and assigns for so long as this agreement remains in full force and effect.

7. Entire Agreement - This agreement constitutes the entire agreement between the parties and supersedes any prior negotiations, written or verbal, and any other bid or bid specification or contractual agreement. This agreement may only be amended by a signed writing executed with the same formality as this agreement.

8. Termination- This agreement may be terminated by the Lessee upon thirty days advance written notice for any of the following reasons or under any of the following circumstances:

a. Lessee may terminate this agreement due to material breach of any term or condition of this agreement, or

b. Lessee may terminate this agreement if in the opinion of the Boone County Commission if delivery of products are delayed or products delivered are not in conformity with bidding specifications or variances authorized by Lessee, or

c. If appropriations are not made available and budgeted for any calendar year.

IN WITNESS WHEREOF the parties through their duly authorized representatives have executed this agreement on the day and year first above written.

ATTEST:

U)&& Wendy S. ~o reb , County Clerk

AUDITOR RTlFlC TlON In accordance Mo 55.660, 1 hereby certify that a sufficient unencumbered appropriation balance exists and is available to satisfy u the obligation(s) arising from this contract. (Note: Certification of this contract is not required if the terms of this contract do not create a measurable County obligatiokat this time.)

2040171700TermlSupply

Date Appropriation Account

Mar 14 06 04:43p Mat- 01 06 1 1 t O 4 a C b b k e Sales

CountuofBaone PvrchasinpDenarlnent 4 R- F o m -Subarii bhnc (3) aoraplue a#es ofp uRepme in a singk sealed m v w p

dacg n r ~ oursirk,iqt ~bnrcrwfthyour computy AODTC a d e m ad&-, fie bid nuaabu,ondfie&edorcd~~

4.1. Company Name: Cooke Sales & Service

4.2. Address: 1422 North Washington Street

43. City/Zip: Chillicothe, MO. 64601 4.4. PhoneNumbm

660-646-1166 4.5. Fax Nmdba:

660-646-0381 4.6. F e d d Tax ID:

44-0586703 4.6.1. ga Corporation

( ) Pameiship -Name ( ) ~ ~ r o p r i e l w ~ h i p- IndividualN w e ( 1 -(-ifj)

4.7. PRICING

4.7.1.

Self-propelledSlngle4inmath DramVibratory Roller Malt&'

1 WbCosCkr Field S a i

ldonthlyLaoseCost Wiwy DateARO

I

I k%t Hour MelwReading: SeIfWled Singk DM,Padfoot

S PUEcCoaPerF i i

, Senrice :

1

S Monthly LeaseCost wky OateARO

SSD year: 1997 Curtent HOWM ~ W~eadino: SelGpoplkd PntlarrrAic Roller

$ $65/Hour PuttCostPerFidd

2,250 Uonthly LeaseCost

1 week or sooner

47-3. m: er uson46-i Year: 1965 CurrentHourMeler Reading: CnmIorIkrrr

Service

I' $ $65/Hour PutsCostPaW

I $ 1,950 ,

Nvmberof Days

1 week

47-4 Ei D3 or D6 Cat

senrice

1 week Yea-CWM tiour Wer Reading $$65/Hour : $ 3,750 TnddioafFrrrvaar

John Deere471(z:690 Y-. 1995

Number ofDays I

CU!'rent Hwr Meter

~ a r14 Mar

06 0 4 3 4 3 ~

01 06 11:04a Cooke Sales

Mate:

PutrCostPer FMd ' saruice

Y#dMy LearnCost R l i DateARO N u m kof Pay3

Mate: Model: Year 3 6 " W e f O ~Buck&

-

Sanrke

S I p hcan PM F M ~I

s U ~ YLeaseCost

Wmbar af Days

Make: Model: year:--

80"Mtdriig-

JCB Mode.--: 2eo3 CwtentHwrMewReadng:___I

SeKgmpelledWater Tanker Oisbfbutor

65/hour

Pa* Cost Per Field Sarics

2 ,250

MonthlyLeasecost

NumberdaPyc

1 week

DelivcryDate ARO Numbwaf Days

I Year: Current HourMeterReading: -

DellveryDateARO HumberofDays

luldre: Komatsu ~ o d e i : V Year 7 CurrentHourMeter Reading:- 1 week

~cnewatPercentages I Maximum%increase2" contract Period: O %

Mar 14 06 04:44p m a r 01 06 OZtlBp Coohe s a l e s

The rrndasigned offirs to fiu&h and deliver the articles or services as specified at the prices and 4.1 0- tam in mid -with the a p c x : i ~ o n q btructions and pera l conditions of

bidding which have been read arsd rradastood, aad aII of which are made part of this order.

4.10.1. ~udrorizcd R W & ~ (Sign By E

4.10.2. Type or h - S i g d i d Name:

4.1 1. Will you honar ohe sutxnitted prices brpudme by other 4 ' m Boone Caunty who participate in fmpP*iK pmhasiagwith Boom County, Missouri? Yes NO

Bid 16-21 MAR06 PaSe February 24,2OU6