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Home My WebLink AboutPR 23502: PURCHASE OF 2 GRAPPLE TRASH TRUCKS FOR SOLID WASTE DIVISION urI rtltur tus www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: November 20, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Public Works Director RE: P.R. 23502—Purchase of two (2) 2025 Mack MD7 with Palfinger M100L97 Grapple Trash trucks for the Solid Waste Division for$499,844.86 from Vanguard Truck Center of Houston, Texas, through The Interlocal Purchasing System Contract Introduction: This agenda item requests Council's approval to purchase of two (2) 2025 Mack MD7 with Palfinger M100L97 Grapple Trash trucks for the Solid Waste—Trash Division. Background: The Public Works Solid Waste—Trash Division (Trash), which collects brush and bulky items throughout the City, relies on reliable equipment to perform its duties. The existing trash trucks are becoming less reliable, requiring more nonroutine repairs, and experience extended periods of downtime. Council approved purchasing the equipment in the fiscal year ending 2024 budget's capital equipment schedule as noted below. Equipment No. Model Year Make Model Odometer 2207 2017 Freightliner 108SD 74,440 2217 2017 Freightliner 108SD 71,809 "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Budget Impact: Vanguard Truck Center of Houston,Texas,which maintains contract number 230802 with The Interlocal Purchasing System(TIPS)Cooperative Purchasing Program,provided a competitive quote for the two (2) 2025 Mack MD7 with Palfinger M100L97 Grapple Trash trucks for $499,844.86 ($249,922.43 each). Funding is available in the Capital Improvement Fund Account, account number 307-50-000-8522-00-10-000. Recommendation: The City of Port Arthur City Council is recommended to approve PR 23502 authorizing the City Manager to purchase two (2) 2025 Mack MD7 with Palfinger M100L97 Grapple Trash trucks from Vanguard Truck Center of Houston, Texas,through The Interlocal Purchasing System (TIPS) Cooperative Purchasing Program. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No.23502 11/20/2023 LLJ Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) 2025 MACK MD7S WITH PALFINGER M100L-72 FOR THE SOLID WASTE- TRASH DIVISION FROM VANGUARD TRUCK CENTER OF HOUSTON, TEXAS, THROUGH THE INTERLOCAL PURCHASING SYSTEM (TIPS) COOPERATIVE PURCHASING PROGRAM FOR THE NOT-TO- EXCEED AMOUNT OF $499,844.86. FUNDS ARE AVAILABLE IN THE CAPITAL RESERVE FUND ACCOUNT,ACCOUNT NUMBER 307-50-000- 8522-00-10-000. WHEREAS, the Public Works Solid Waste — Trash Division collects brush and bulky items throughout the City, preventing widespread vectors and disease; and, WHEREAS,the current trash trucks are becoming less reliable,requiring more nonroutine repairs, and experience extended periods of downtime; and, WHEREAS, the City Council approved the replacement of two (2) trash trucks in the 2023-2024 fiscal year's budget; and, WHEREAS,the 2025 Mack MD7S with Palfinger M100L-72 Grapple Trucks will assist the Solid Waste— Trash Division in maintaining compliance with City ordinances and state and federal laws; and, WHEREAS, Vanguard Truck Center of Houston, Texas, submitted a competitive quote for two (2) 2025 Mack MD7s with Palfinger M100L97 for $499,844.86 ($249,922.43 each) attached hereto as Exhibit A through The Interlocal Purchasing System (TIPS) Cooperative Purchasing Program contract number 230802; and, WHEREAS, Chapter 271 of the Texas Local Government Code allows a city, by resolution of its governing body, to participate in cooperative purchasing programs such as TIPS as an alternative to a formal bid process; and, PR No.23502 11/20/2023 LLJ Page 2 of 3 WHEREAS, pursuant to Resolution Number 12-008, the City entered into an interlocal agreement with Region VIII Education Service Center for participation in The Interlocal Purchasing System(TIPS); now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized to purchase two (2) 2025 Mack MD7s with Palfinger M100L97 Grapple trucks from Vanguard Truck Center of Houston, Texas, through the TIPS Interlocal Purchasing System Cooperative Program for $499,844.86 ($249,922.43 each); and, THAT,funding for this purchase is available in the Capital Reserve Fund Account,account number 307-50-000-8522-00-10-000; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED this the day of , A.D. 2023 at a meeting of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bill Bartie Mayor PR No.23502 11/20/2023 LLJ Page 3 of 3 Attest: Sherri Bellard City Secretary APPROVED AS TO FORM: , 11, 6(._0 ei, hAbli cP alecia R. T. eno, Esq. City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, CPM City Manager _Jj' a serts,A, " - g, :A, CPM Directo i Public ,�s APPROVED AS FOR AVAILABILITY OF FUNDS: r4 J 6.90U-Lia Lynd 1'l_Boswell Director of Finance Clifton E. Williams, Jr., CPPB Purchasing Manager PR No.23502 EXHIBIT A (Quote) VANGUARD TRUCK CENTER OF HOUSTON New Vehicle Purchase Agreement 12/06/2023 12935 Crosby Fwy DE-14861 vanguard Houston TX 77049 132176 TRUCK CENTERS Phone: (281)677-2200 Mike Sandifer 132176 CITY OF PORT ARTHUR CITY OF PORT ARTHUR 201 H 0 MILLS 201 H 0 MILLS PORT ARTHUR TX 77640 PORT ARTHUR,TX 77640 P:(409)983-8516 i F: J Stock#: TBD TBD New 2025 MACK MD7 Price: $115,460.00 Palfinger M100L97 $134,462.43 Stock#: TBD TBD New 2025 MACK MD7 Price: $115,460.00 Palfinger M100L97 $134,462.43 Total Price $499,844.86 Total $499,844.86 Mack MD7 Price- $115,500 Palfinger M100L72 - $134,462.43 TIPS CO-OP TO BE USED Vanguard Truck Centers of Houston Reseller of: East Texas Mack TIPS Contract#230802 C' VANGUARD TRUCK CENTERS(the"COMPANY")SELLS THIS VEHICLE ON AN"AS IS WHERE IS"BASIS AND MAKES NO WARRANTIES AS TO SAID VEHICLE'S,EXPRESS,IMPLIED,OR IMPLIED BY LAW,AND COMPANY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES OF THE VEHICLE ARE THE MANUFACTURER'S STANDARD VEHICLE WARRANTY,A COPY OF WHICH HAS BEEN DELIVERED TO THE PURCHASER,WHICH IS NOT INCORPORATED HEREIN BY REFERENCE.THE COMPANY SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES,INCLUDING,BUT NOT LIMITED TO,LOSS OF INCOME. THE TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF ARE A PART OF THIS AGREEMENT.THE PURCHASER ACKNOWLEDGES HAVING READ THIS AGREEMENT,INCLUDING SUCH TERMS AND CONDITIONS ON THE REVERSE SIDE.NO VEHICLES ARE HELD MORE THAN 5 DAYS WAITING FOR CREDIT APPROVAL. DATE ACCEPTED: BY: Email-mike.sandifer@vanguardtrucks.com (PRINT NAME OF PURCHASER) (TITLE) Mike Sandifer CITY OF PORT ARTHUR (409)983-8516 SALES REPRESENTATIVE (BUSINESS NAME) (PHONE) 201 H 0 MILLS ADDRESS PORT ARTHUR TX 77640 SALES MANAGER CITY,STATE,ZIP J Page 1 of 3 FF TERMS AND CONDITIONS This Purchase Agreement is tendered by the Purchaser for acceptance by Vanguard Truck Centers (hereinafter called the "Company"). It is understood that it will not be binding upon the Company unless accepted and signed by an authorized executive of the Company. If the terms of payment herein provided are other than cash, the Purchaser agrees to execute and deliver to the Company, prior to the delivery of said vehicle(s), a security agreement in the form customarily required by the Company or an applicable lender, covering said vehicle(s) in order to secure the payment of the indebtedness due hereunder. The Purchaser further agrees that this Purchase Agreement shall be subject to all the terms and conditions of said security agreement, which shall supersede this Purchase Agreement to the extent inconsistent herewith; provided that Purchaser's assertions and/or warranties as to any used motor vehicle or equipment traded in by the Purchaser and taken by the Company as part of payment hereunder (hereinafter such used motor vehicle or equipment is called the "used equipment") shall survive the execution of the security agreement. The Company shall not be held responsible for any loss, damage, detention, delay or failure to deliver resulting from any cause which is unavoidable or beyond the Company's reasonable control, including, but not limited to fire, flood, natural disaster, strike or labor disturbance, accident, vandalism, riot or insurrection, war, any order, decree, law or regulation of any court, government or governmental agency, shortage of materials, demand in excess of available supply, failure or interruption of normal transportation or power facilities; NOR IN ANY EVENT SHALL THE COMPANY BE LIABLE FOR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF INCOME. The receipt of said vehicles(s)by the Purchaser upon delivery shall constitute a waiver of all claims for loss or damage due to delay. The Purchaser warrants that the used equipment traded in, if any, is free from all liens and/or encumbrances, title defects including but not limited to flood titles, rebuilt titles or odometer discrepancy titles, of any nature whatsoever, and that the Purchaser has good and marketable title to the used equipment at the time of delivery thereof to the Company. The used equipment is to be delivered to the Company in the same condition and appearance in which it was when first inspected by the Company or its agent. The Company, upon delivery of such used equipment,shall have the right once again to inspect such used equipment and the Company shall be the sole judge as to its condition, with the right to accept or reject the used equipment at its option. If the used equipment to be delivered to the Company is not in a condition and appearance as good as it was when first inspected by the Company, the Company shall have the right to revalue the amount of allowance offered for such equipment and the total cash purchase price shall be increased accordingly. The Purchaser agrees that the amount of the allowance made upon the used equipment, if any, is to be applied by the Company as part payment on the purchase price of said vehicle(s). In the event that the within Purchase Agreement is accepted by the Company and the Purchaser fails to pay the purchase price and accept delivery and perform under this Purchase Agreement pursuant to its terms, the Company will pursue all damages at law and in equity that the Company believes it is owed. In the event that the within Purchase Agreement is cancelled by mutual written agreement of the Company and the Purchaser or if the Company is unable to make delivery of said vehicle(s), the Company will return and the Purchaser will accept the cash and the used equipment (or if the used equipment shall have been sold, the net amount received by the Company from the sale thereof(less a 15% sales commission charge) in full discharge of any obligations of the Company to the Purchaser hereunder. Page 2 of 3 TERMS AND CONDITIONS The Purchaser agrees that all previous communications between the Purchaser and the Company, either verbal or written, with reference to the subject matter of this Purchase Agreement, are hereby integrated into the Purchase Agreement and that this Purchase Agreement contains and accurately describes all agreements between Purchaser and Company. The Purchaser further agrees that no modification of this Purchase Agreement shall be binding upon the Company unless such modifications shall be in writing and agreed to and accepted in writing by an executive of the Company. A security interest in said vehicle(s) shall remain in the Company until the payment in full of the purchase price or, if the terms of payment herein provided are other than cash, until the execution and delivery of a security agreement, as hereinabove provided, at which time the terms of said security agreement shall control with respect to the title and ownership of said vehicle(s). In the event of Purchaser's failure to make payment of the purchase price when due, the Company may take immediate possession of said vehicle(s), without demand or further notice. For this purpose and in furtherance thereof, the Purchaser shall, if the Company so requests, make said vehicle(s) available to the Company at a reasonably convenient place designated by it, and the Company shall have the right, and the Purchaser does hereby authorize and empower the Company, its agents, servants or employees, to enter upon the premises wherever said vehicle(s) may be and remove the same; and the Purchaser hereby expressly waives any action or right of action of any kind whatsoever against the Company, its agents, servants or employees because of the removal, repossession or retention of said vehicle(s) or otherwise. If the cost to the Company of insurance to be furnished by the Company hereunder is increased at any time prior to the delivery of said vehicle(s), the Purchaser agrees to pay for the insurance herein provided for at such increased rate. It is agreed that if the cost of labor, materials, body, accessories or other equipment or component parts increases beyond the basis upon which the price set forth herein was established, then the Company, at any time before delivery, may give the Purchaser written notice of an increase in price, and such increased price shall be the contract price, unless Purchaser within ten days thereafter shall give Company written notice of cancellation. Any such increase in the contract price, pursuant to this provision, however, shall not prevent additional increases, if necessary, under the circumstances set forth herein at any time prior to delivery. ALL TAXES NOW OR HEREAFTER IMPOSED UPON THE MANUFACTURER OR SALE OF SAID VEHICLE(S) SHALL BE PAID BY THE PURCHASER. This instrument contains the entire agreement between the parties, and there are no understandings or representations not contained herein, including but not limited to any guaranteed future trade value on the new vehicles subject to this agreement unless the agreement is signed by the Chief Executive Officer of Company. Purchaser's Initials Page 3 of 3 PR No.23502 EXHIBIT B (Pictures) _,,...I s . —AM s` �" r .. } ,. 1 { , : may( :.,, ___ — s 1f V 1414 1. 1", • r' ' • 6 Iii • r. ' ;� ► 4. #i 10-4 7' s a } �• h !° • ri ,_ ,, . } r } . .tit sS • m 2, .n r " I {' a -. . !I I i 1:• •, e ` t 1`r I ,., • r , $ 4 air". .i I PI I I i 4 L i