Approving purchase of new oil distributor from Pape Kenworth NW and Bearcat Mfg. BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: )
Approving purchase of new oil distributor )
from Pape Kenworth NW and Bearcat Mfg., ) RESOLUTION NO. 18- 383
and authorizing signature thereon )
WHEREAS, in accordance with RCW 39.34, Lewis County has entered into a Master Contract
Usage Agreement with Sourcewell (formerly NJPA) that allows purchasing a variety of products and
services, including vehicles and equipment, at a significantly lower rate; and
WHEREAS, the Fleet Services Division of the Lewis County Public Works Department has
determined that one oil distributor in the Public Works fleet is in need of replacement; and
WHEREAS, this oil distributor was scheduled, budgeted, and approved for purchase in 2019; and
WHEREAS, Sourcewell has selected Pape Kenworth NW as a supplier for truck chassis in our
region; and
WHEREAS, Lewis County would purchase the oil distributor tank from Bearcat Manufacturing
under a sole source purchase; and
WHEREAS, the County Engineer has had opportunity to review the agreement reached with
Pape Kenworth NW and Bearcat Manufacturing for the purchase of one new oil distributor in the total
amount of$208,580.21 which will be purchased with ER&R funds, and recommends approval.
NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners approve the
purchase of one new oil distributor for a total amount of$208,580.21 from Pape Kenworth NW and Bearcat
Manufacturing, and authorizes the County Engineer to execute the agreement.
DONE IN OPEN SESSION this 17th day of December, 2018.
APPR• - + • = TO FORM: BOARD OF COUNTY COMMISSIONERS
Jon. an . l e -r, 'rosecuting Attorney LEWIS COUNTY, WASHINGTON
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By: Deputy Prosecuting Attorney s nd, Ch
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ATTEST: •. SCOUN ! •• Robert C. Jackson, Vice Chair•
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Rieva Lester, Clerk of the Lewis acMi(Sy 1845 1 z: District 3 Commissioner (position vacant)
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111 Pape Kenworth Northwest Inc / Kenworth Alaska
CUSTOMER TRUCK PURCHASE ORDER AND DEPOSIT AGREEMENT
I hereby place a firm order for the Kenworth chassis described on the attached proposal, which includes standard equipment set forth in
current Kenworth price lists unless otherwise specified herein,together with the equipment designated on the following page(s);and I agree
to pay the full purchase price shown in accordance with terms and conditions contained in this Purchase Order. I understand this Purchase
Order becomes binding only when signed by a person authorized to accept on behalf of the Distributor.
TRUCK PURCHASE DEPOSIT AGREEMENT
It is agreed and understood by the undersigned that this deposit will be held by Kenworth Northwest Inc. ("Distributor"),and will be applied
toward the cash purchase price,cash down payment,or initial lease-purchase payments,whichever shall apply at time of delivery.
it is further agreed and understood that if the Customer cancels the above referenced Sales Order at any time after the chassis has: (1)
entered production at the factory,(2)been purchased by the Distributor from another Distributor,or(3)has undergone Sales Order
modification at Distributor expense,that the Distributor shall reserve the right,at its discretion,to hold the deposit until the chassis is sold in
the market or is otherwise satisfactorily disposed of;in which event the Distributor will be allowed to retain from the deposit whatever
charges it may incur until the chassis is sold and damages it shall have suffered by reason of such cancellation; provided, in the event the
charges incurred and damages suffered by Distributor exceed the deposit, Customer agrees to pay Distributor the amount of such excess,and
in the event there is a balance after said charges and damages,the balance will be remitted to Customer within ten (10)days thereafter. If
the Sales Order is cancelled at no loss or inconvenience to the Distributor,the deposit will be returned to Customer upon request.
The foregoing shall not be interpreted to give the Customer a right to cancel the aforesaid Purchase Order, but merely sets forth the rights to
the use of the purchase deposit in the event the Purchase Order is cancelled with the consent of the Distributor.
*The Sales Price has been based on Distributor's Factory Model:T440 Chassis#:TBD Quantity:1
List Price in effect on the date hereof.Any increase in List Requested DeliveryQ2 2019
Price in effect on the date of delivery shall be added to the Shipping DestinationAberdeen
Sales Price and terms of payment shall be adjusted *Sales Price$92,025.12 (ea)$92,025.12
Accordingly. Body/Trailer$ (ea) $0.00
Sales Tax$8,217.84
CustomerLewis County Public Works Federal Excise Tax$ (ea)$0.00
Contact nameTim Murphy
Phone#360 740 3386 TOTAL$100,242.96
Address476 West Main St Trade allowance for:
CityChehalis State WA Zip98532 $ Less payoff$
Email Net equity in trade$
SalespersonMatt Braaten Datel 2/5/18 Cash Deposit$
TOTAL DIFFERENCE$
THE PURCHASE ORDER AND DEPOSIT AGREEMENT INCLUDING
THE LIMITATION OF WARRANTY IN PARAGRAPH 5 SHALL BE Unpaid Balance Financed By:
SUBJECT TO THE TERMS AND CONDITIONS CONTAINED ON THE
REVERSE SIDE HEREOF. Unless otherwise specified,terms of payment are cash
on delivery.
X
Customer Signature Distributor's Acceptance.Subject to the conditions
Contained Herein,this order for the above describe
chassis is hereby Accepted.
Accepted by
This Order is given and accepted subject to the following:
CONDITIONS
1. Distributors shall not be responsible for any failure or delay in shipment or delivery due to causes beyond his control.Such failure or delay shall
extend the time of performance by such time as may be necessary to enable Distributor to make delivery.If the delay shall extend thirty days
beyond the delivery date set forth in this agreement,Distributor may cancel this order and return to Customer any deposit made with Distributor,
and Distributor shall be relieved of any further liability to Customer.
2. If Customer fails to pay the balance due prior to delivery as set forth herein or breaches any other provision of this agreement,Distributor at his
option may cancel this order and retain any deposit made by Customer as liquidated damages,or he may enforce the terms of this agreement.
Customer agrees that the venue of any suit or action based on this agreement may be at Distributor's option,be laid in the county in which
Distributor's principal place of business is located,and that in the event of any such suit or action Customer will pay reasonable attorney's fees
incurred by Distributor.
3. Buyer agrees to pay the amount of any tax imposed upon the transaction covered by this agreement.
4. If any material is furnished by Customer for us in the manufacture of the vehicle purchased herein,Customer agrees to indemnify and hold
harmless the Distributor and manufacturer from any and all costs,claims and damages arising from any defect in such material.
5. Limitation of Warranty. It is expressly agreed that the Distributor makes no warranties, express or implied, including no warranties of
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE with regard to the equipment described above, except those warranties which are in
writing and made part of this agreement and such warranties as may be granted by the manufacturer of the equipment covered by this agreement;
and that in no event shall the Distributor be liable for incidental or consequential damages or commercial losses.Customer acknowledges that he
has read,understood,and agreed to the contents and that the same is part of the bargaining and negotiating of this agreement.
6. If the terms of payment herein provided are other than cash,this Purchase Order and the terms of payment shall be subject to the approval of the
credit of the Customer by Distributor.Distributor shall notify Customer upon approval of credit. If Customer does not pay according to the terms of
payment,the unpaid balance shall bear interest at an annual percentage rate of eighteen percent(18%).
MANUFACTURER'S WARRANTY AND OWNER'S SERVICE POLICY
Kenworth Truck Company (Kenworth) hereby warrants only to the original Customer (Buyer) from selling Distributor during the period of
time and upon the conditions hereinafter set forth each new motor vehicle sold by it to be merchantable,free from defects in material and
workmanship under normal use,maintenance and service.Except for the above warranty, it is expressly agreed that NO WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, nor other warranty expressed, implied or statutory is made by Kenworth or the
selling Distributor.
Kenworth's liability shall be limited to repair or replacement, including labor,at its factory or authorized Distributor, of any part or parts
which Kenworth's examination shall disclose to its satisfaction to have been defective in material or workmanship under normal use,
maintenance and service,in accordance with the Warranty and Owner's Service Policy furnished by Kenworth Truck Company.
If Kenworth shall attempt repairs and/or replacements which shall for any reason fail, Kenworth shall be entitled to continue to attempt to
remedy any defects for so long a period of time as, in Kenworth's sole judgment,such attempt is justified.
If the defect is such as in Kenworth's sole judgment produces the remedying thereof by repair or replacement, of if for any reason Kenworth
determines that repairs or replacements are impracticable,then Kenworth shall have no further obligation to attempt repairs,and/or
replacements,and Buyer's sole and exclusive remedy shall, upon return of vehicle to Kenworth, be the right to a refund of the wholesale
value of the vehicle based on a written bid obtained by Kenworth from an independent established wholesale truck dealer.
The foregoing shall be the buyer's sole and exclusive remedy whether in contract,tort or otherwise,and Kenworth shall not be liable for
injuries to persons or property.
In no event shall Kenworth be liable neither for incidental or consequential damages or commercial losses nor for any other loss or damage
except as above set forth.
This warranty shall not apply with respect to any claimed defect which in Kenworth's judgment has arisen from repair or alteration outside
Kenworth's factory,or from misuse, reliance, accident,operation at a speed exceeding factory rated speed, loading beyond the factory rated
load capacity,or from lack of normal use, maintenance or service.
Certain component parts, such as engines, are manufactured by others and are warranted by the manufacturer.When the manufacturer of
the component warrants the part to the Customer, Kenworth hereby warrants the title of each such part but NO other warranty, whether
expressed,implied,statutory or otherwise,including the IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR
PURPOSES,are made with respect thereto.
All repairs and replacements are made and furnished subject to the same terms,conditions, warranty, disclaimer or warranty and limitation
of liability and remedy as apply to each new motor vehicle sold.
3650 Sabin Brown Road
Wickenburg, Arizona 85390
Phone: 928-684-7851
BearCat Mfg. Fax: 928-684-5876
ASPHALT DISTRIBUTOR
QUTOATION AND ORDER FORM
MODEL BC-502 for 2018
CUSTOMER: Lewis County,WA DATE: Dec 10th,2018
CONTACT: Tim Mixer
PHONE: 360-740-1194 FAX: EMAIL: tim.mixer @Iewiscountywa.gov
STANDARD EQUIPMENT
PRODUCT TANK
Tank shell constructed of 10-gauge mild steel with 7 gauge rolled heads and baffles. 20"full opening manhole and
staggered crawl holes through baffles. Overflow well with 3"drain through tank,2"mineral wool insulation
(equivalent to 3"fiberglass). 1/8"aluminum jacket heads.045 aluminum jacketed; full 3"vent;4"plug-type valve,
single blade bolster design with resilient mounting to truck. 24"no-slip grip-strut catwalk,all seams electrically
welded. Built to U.S.D.O.T.SPECIFICATIONS 49-CFR-173.247.
SPRAY BAR
12'spray bar is full circulating,with large 4"cross section for more consistent flow. Includes 8`center section with
2'folding,breakaway wings.Wings are equipped with safety tilt switches to prevent accidental spraying when wings
are raised.
SPRAY BAR CONTROLS
Driver has control of all spray bar functions in the cab,including on-off control of spray widths in 1 foot
increments (cuts).
METERS AND GAUGES'
Driver can readily check all functions from the cab. Large,high-brightness digital displays show feet-per-minute
traveled and gallon per minute pumped at all times. Elapsed footage and gallons sprayed with resettable totaling
functions,spray bar width and actual gallons per square yard being sprayed. Tank float gauge can be seen from
driver's position.
MIRROR(Optional)
4-Way remote air operated curbside 9"X 16"mirror.
COMPUTERIZED RATE CONTROL
Exact consistent spread rate within+/-1%accuracy—with no operator calculations or adjustments.
www.bearcatmfg.com
3650 Sabin Brown Road
Wickenburg, Arizona 85390
'" Phnnne 97R-I5R4-7Rc1
24-Jul-2018 Page 1 of 5
BearCat Mfg. Fax: 928-684-5876
PRODUCT PUMP
Positive displacement 4"X 4"gear-type pump,with high temperature shaft packing and is heated with truck engine
coolant. Pump is easily disassessabled for service behind tank and above frame.
PUMP DRIVE
400 GPM of product(asphalt) capacity is provided by a hydrostatic transmission. Pump GPM adjustment from
drivers or side console position with electric control.
ASHPALTVALVE SRI.F.CTOR
The asphalt valve selector is located on the left side of the asphalt distributor;away from the hot spray bar and
asphalt pump system. The asphalt valve selector converts the manually operated valves to pneumatically operated
remote control valves. Valves"A&D",used for material off-load remains manually operated. The operator selects
pump and spray options with the rotary selector portion of the asphalt valve selector assembly that indicates an
option number and the necessary valves to actuate. A brief description of each option is provided on the data
plate. Once the desired option is selected,only the specific valves and pump function indicated can be actuated.
Four(4)in cab and six (6)outside individual spray and pump options are available with the asphalt valve selector
system.
PIPING, VALVE AND SCREENS
Intake is full 4"full flow piping. Discharge is full 3"radius,full flow piping. All valves gate-type. Load,pump and
bar screens prevent clogging of nozzles or damage to system from foreign objects. Rubber type hot asphalt hoses
feed spray bar.
EXTERNAL IVASHDOW/N
A 10-gallon air pressurized tank dispenses biodegradable solvents through 25'of 1/4"hose.
PUMP AND SPRAY BAR FLUSHING
A 30-gallon flush tank heated by truck engine coolants is valved so the asphalt pump can circulate solvents through
the complete system and return to solvent tank,for reuse.
HANDSPRAY
Reel mounted 40 foot,X'/4"rubber hose with swivel connection at aluminum hand wand.
FENDERS&TROUGH
Single or tandem sizes.
PAINT
Non-aluminum parts painted black.
TOOL BOX
Sick opening,weather tight,and key lock.
www.bearcatmfg.com
BC-502/CRC 2018 Price List Base Price: $71,500.00
Customer: Lewis County, WA Date: Dec 10th, 2018
Spray Bar Wing Extensions&Control Cuts
24-Jul-2018 Page 2 of 5
Spray Bar Length
Qty: Tri-Cylinder Vavles Standard Cost Total
0 12 Feet One-Foot Cuts on Main Bar.One-Foot Cuts on Wings $ 4,200 $ -
1 14 Feet One-Foot Cuts on Main Bar.One-Foot Cuts on Wings $ 5,900 $ 5,900.00
0 16 Feet One-Foot Cuts on Main Bar.One-Foot Cuts on Wings $ 7,700 $ -
0 18 Feet One-Foot Cuts on Main Bar.One-Foot Cuts on Wings $ 9,270 $ -
0 20 Feet One-Foot Cuts on Main Bar.One-Foot Cuts on Wings $ 11,600 $ -
0 22 Feet One-Foot Cuts on Main Bar.One-Foot Cuts on Wings $ 13,200 $ -
0 24 Feet One-Foot Cuts on Main Bar.One-Foot Cuts on Wings $ 14,800 $ -
0 Mechanical Linkage in lieu of Tri Valves(Deduct,Per Foot) $ (100) $ -
0 Finger Stops(Per Foot) $ 120 $ -
1 Double-Fold Wings $ 2,800 $ 2,800.00
0 Triple-Fold Wings $ 10,210 $ -
0 Individually Controlled Line Markers(Pair) $ 1,000 $ -
0 Hydraulic Spray Bar Latch $ 2,120 $ -
0 Spray Bar Tilt $ 2,500 $ -
0 300 Series(150 GPM @ 500 RPM)Tack Pump N/C
O 600 Series(300 GPM @ 500 RPM)Pump and 5"Plumbing $ 3,000 $ -
0 960 Series(480 GPM @ 500 RPM)Pump and 5"Plumbing $ 6,000 $ -
0 Pump with Seals in place of Packing Glands(not available on 960) $ 575 $ -
0 Stainless Steel Flex Bar Feed Hoses $ 330 $ -
0 Folding Hand Rail/Air Operrated $ 3,200 $ -
0 Heat Trace(Consult factory for price and options)
0 Single LPG Burner With 50 Gallon Tank $ 2,615 $ -
0 Dual LPG Burners With 50 Gallon Tank $ 3,140 $ -
0 Single Diesel Burner $ 3,780 $ -
0 Dual Diesel Burners $ 5,720 $ -
0 240 V Electric Overnight Heat(Belly Heat) $ - $ -
0 240 V Electric Overnight Heat(Tank Heating Elements) $ - $ -
O 240V Electric Heat,Generator and Facility Power $ - $ -
O $ - $ -
0 $ - $ -
Additional Options
Qty: Cost Total
0 5"Tank Valve $ 1,250 $ -
0 240V Overnight Heat $ 2,785 $ -
1 Front Tank Suction $ 1,000 $ 1,000.00
0 Second Tank Float Gauge $ 560 $ -
O Beacon Light $ 300 $ -
O 11'X 3"Loading Hose-Rubber 350° $ 1,000 $ -
0 11'X 3"Loading Hose-Stainless Steel $ 1,000 $ -
24-Jul-2018 Page 3 of 5
O 11'X 4"Loading Hose-Stainless Steel $ 1,200 $ -
0 11'X 4"Loading Hose-Rubber 350° $ 1,200 $ -
(Other Load Hose Sizes Available Upon Request)
0 3 inch Trough Mounted Load Valve and Swivel $ 1,060 $ -
0 4 inch Trough Mounted Load Valve and Swivel $ 1,200 $ -
0 Convenience Group:Glove Box-Spray Bar Height Chain, Nozzle $ 1,360 $ -
Box with Three Sizes of Nozzles-Load Hose Hooks on Ladder
Wet Tool Box(O.J.)
1 Pneumatic Mirror(RH) $ 1,000 $ 1,000.00
0 Pneumatic Mirror(LH) $ 1,000 $ -
0 Wet Tool Box $ 500 $ -
1 Nozzle Box $ 250 $ 250.00
0 Worklights(2 Front,2 Rear) $ 1,100 $ -
0 Rear View Camera with Color Display $ 1,500 $ -
0 Computer Printer $ 1,400 $ -
0 Rice Lake Scale System and Installation(No Hitch) $ 14,800 $ -
0 Trailer Towing Hitch Package(Requires Factory Installed $ 1,050 $ -
Cab Mounted Trailer Supply Valve)
0 Move Axles $ 4,000 $ -
O Custom Paint $ 3,000 $ -
0 Mount on Skid with quick disconnects $ 2,000 $ -
TANK OPTIONS
0 1,000 Gallon $ 14,400 $ -
0 1,250 Gallon $ 14,900 $ -
0 1,600 Gallon $ 16,400 $ -
0 1,800 Gallon $ 16,900 $ -
1 2,000 Gallon $ 17,400 $ 17,400.00
0 2,200 Gallon $ 17,900 $ -
0 2,500 Gallon $ 18,400 $ -
0 3,000 Gallon $ 18,900 $ -
O 3,500 Gallon $ 19,400 $ -
0 4,000 Gallon $ 19,900 $ -
0 4,500 Gallon $ 20,400 $ -
0 5,000 Gallon $ 20,900 $ -
0 Single Heat Tube $ 1,350 $ -
0 Double Heat Tube $ 2,700 $ -
O SS Heat Tube Burner Side $ 2,000 $ -
Base Price $ 71,500.00
Options $ 10,950.00
Sub-Total $ 82,450.00
Tank Price $ 17,400.00
Tank Options $ -
F.E.T. $ -
Tank Sub-Total $ 17,400.00
24-Jul-2018 Page 4 of 5
Total $ 99.850.00
8.5%Sales tax $ 8,487.25
Total $ 108,337.25
Comments:
ESTIMATED delivery date, based on today's production schedule, is:
NOTE: Production slots are not assigned until a signed order has been received. An updated
delivery estimate will be sent after this document has been signed. Your truck chassis must be on site
5 weeks before the estimated delivery date.
Total Price F.O.B.Wickenburg,AZ
Terms 20%with Order Balance due at Delivery
Quotation good through: #VALUE!
Accepted for:
Company BearCat Mfg.
Signature Signature
Name Name
Title Title
Date Date
Per your acceptance of this order on ,your estimated production slot is
24-Jul-2018 Page 5 of 5
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Lewis County Public Works
Sole Source Justification
Department: PW Maintenance & Operations division
Vendor: BearCat Manufacturing
1) Description of product service of system:
2,000 Gallon, 2019 BearCat Asphalt Distributor tank body, model BC-502/CRC with options listed
in attached quote.
2) Explanation why only this particular brand, product or service is suitable:
Compatibility to existing County equipment, inventory,programs and service: The
county's current chip spreader and distributors are all manufactured by BearCat. The existing
unit has been reliable to our operational needs and the crew has the training and experience to
operate this unit safely and efficiently. The Central Shop mechanics have specialized tools and
have been trained extensively for maintenance and repair of the BearCat equipment.
Additionally, the county has a substantial parts inventory specific to the BearCat brand of
distributor. The county needs to stay consistent with the existing equipment to eliminate the need
for stocking an additional line of parts inventory, to save on costly repairs by conducting in-house
maintenance, and increase safety due to the operator's familiarity of operation.
Authorized Service Provider, Repair or Warranty Services: The county requires service or
repair support for products or equipment owned by the county, and the vendor is a factory
authorized warranty service provider. The vendor also authorizes the county to make warranty
repairs in-house to save time and transportation costs.
3) Explanation why only this one company can provide the products or services:
The BearCat manufacturer is the sole provider of the BearCat Asphalt Distributor compatible with
the current county equipment and parts inventory. BearCat Manufacturing does not have a
dealer network, so there are no other outlets for this equipment. They choose to sell directly to
end-users to keep their price low.
4) Describe the steps taken to identify any other qualified companies to perform the work:
Lewis County Fleet Division requested a quote from Etnyre (PacWest Machinery)for a unit
similar to the BearCat distributor. The quote for the Etnyre unit was $105,000.00, which was
higher than the BearCat quote.
Sole Source Certification:
1 certify that the above justification is accurate and complete to the best of my knowledge and
belief.
Signature Title Date
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Dec 17, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Approve purchase of one Kenworth truck chassis and one oil tank distributor assembly
Contact Tim Fife Phone: 360.740.2711
Department: Public Works
Action Needed: Approve Resolution
Description
The Lewis County Public Works Department has determined that one oil distributor in the fleet is in need of
replacement. This truck was scheduled, budgeted, and approved for replacement in 2019. Pape Kenworth NW
offers truck chassis through the current Sourcewell contract#081716-KTC that would meet our needs (model
1-440) in the amount of$100,242.96. Lewis County would purchase the oil tank and distributor assembly
from BearCat Manufacturing under a sole source purchasing agreement that would meet our needs in the
amount of$108,337.25. The new 2019 oil distributor truck will be purchased with ER&R funds.
Additional Copies
Robin Saline, PW
Tim Murphy, M&O
Tim Mixer, M&O