HomeMy WebLinkAboutPR 24135: PURCHASE OF 1 2026 MACK GRANITE 64B TRASH TRUCK WITH PALFINGER M13A80, SOLID WASTE-TRASH DIVISION, $333,489.05 ' I !
City of
ort rthutc
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: January 16, 2025
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
dt
►'�From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Director of Public Works
RE: P.R. 24135 —Purchase of one (1) 2026 Mack Granite 64B Trash Truck with
Palfinger M13A80 for the Solid Waste - Trash Division from Vanguard Truck
Center of Houston, Texas, through the TIPS Cooperative Purchasing Program
Introduction:
This agenda item requests Council's approval to purchase one (1) Mack Granite 64B trash truck
for the Solid Waste - Trash Division.
Background:
The Public Works Solid Waste — Trash Division (Trash) collects household bulk waste during
curbside pickups. The trash trucks have deteriorated and are reaching the end of their useful life,
warranting replacement. The following are specifications for the existing equipment that will be
replaced.
Equipment Model
No. Year Make Model Odometer Comments
2217 2018 Unknown Unknown Unknown Electrical issues; numerous oil
leaks; wear and tear
"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, provided a competitive quote for one (1) 2026
Mack Granite 64B trash truck with Palfinger M13A80 for $333,489.05 through the TIPS
Cooperative Program through contract 230802. Funding is available in the Solid Waste Trash
Collection Motor Vehicles Account, account number 403-50-305-8523-00-00-000.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 24135 authorizing the
City Manager to purchase one (1) 2026 Mack Granite 64B trash truck with Palfinger M13A80
for the Public Works Solid Waste — Trash Division from Vanguard Truck Center of Houston,
Texas, through the 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.24135
01/16/2025 FCR
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE
ONE (1) 2026 MACK GRANITE 64B TRASH TRUCK WITH PALFINGER
M13A80 FOR THE SOLID WASTE - TRASH DIVISION FROM
VANGUARD TRUCK CENTER OF HOUSTON,TEXAS,THROUGH THE
TIPS COOPERATIVE PURCHASING PROGRAM FOR $333,489.05.
FUNDING IS AVAILABLE IN THE SOLID WASTE TRASH
COLLECTION MOTOR VEHICLES ACCOUNT, ACCOUNT NUMBER
403-50-305-8523-00-00-000
WHEREAS, the Public Works Solid Waste — Trash Division collects household bulk
waste during curbside pickups for the prevention of disease and compliance with health and
environmental laws; and,
WHEREAS, the trash trucks are in constant operation, which has caused rapid
deterioration; and,
WHEREAS, Chapter 271 of the Texas Government Code allows a city, by resolution of
its governing body, to participate in cooperative purchasing programs such as the TIPS
Cooperative Purchasing Program as an alternative to a formal bid process; and,
WHEREAS,pursuant to Resolution Number 12-008,the City of Port Arthur entered into
an interlocal agreement for cooperative purchasing with the TIPS Cooperative Purchasing
Program; and,
WHEREAS, Vanguard Truck Center of Houston, Texas, is part of the TIPS Cooperative
Purchasing Program under contract number 230802 and submitted a competitive quote for one(1)
2026 Mack Granite 64B trash truck with Palfmger M13A80 for $333,489.05 attached hereto as
Exhibit A.
PR No.24135
01/16/2025 FCR
Page 2 of 3
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 one
(1) 2026 Mack Mack Granite 64B trash truck with Palfinger M13A80 from Vanguard Truck
Center of Houston, Texas, for $333,489.05, through the TIPS Cooperative Purchasing Program;
and,
THAT, funding for this purchase is available in the Solid Waste Trash Collection Motor
Vehicles Account, account number 403-50-305-8523-00-00-000; 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.
2025 at a meeting of the City of Port Arthur, Texas,by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartie
Mayor
Attest:
Sherri Bellard, TRMC
City Secretary
PR No.24135
01/16/2025 FCR
Page 3 of 3
APPROVED AS TO FORM:
c
-
Roxann Cotroneo, Esq.
City Attorney
APPROVED F ADMINISTRATION:
Ronald Burton, M
City Mana
•
Ali _/ lU
i
' oz- e 'obe s, ' , I ng, BA, CPM
Direct, . I Publ.c Wor s
APPROVED AS FOR AVAILABILITY OF FUNDS:
0e-4,i Of.27Jc-c-i-e-t-,
yn Boswell, ICMA-CM, MA
Director of Finance
Lyik, L,Lblet..CliftonWilliams,Jr., CPPB
Purchasing Manager
PR No.24135
EXHIBIT A
'4441101 VANGUARD TRUCK CENTER OF HOUSTON New Vehicle Purchase Agreement
12935 Crosby Fwy DE-19364
vanguard Houston TX 77049 132176
raucKCENrERs Phone:(281)677-2200 Lucas DeVilliers
/
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:
Stock#: TBD New 2026 MACK GRANITE 64B Price: $185,782.00
Palfinger M13A80 $147,707.05
Total Price $333,489.05
Total $333,489.05
Vanguard Truck Center Reseller of: East Texas Mack TIPS Contract#230802
** PRICING SUBJECT TO MATERIAL SURCHARGE CHANGES **
VANGUARD TRUCK CENTERS(the"COMPANY")SELLS THIS VEHICLE ON AN"AS IS WHERE IS"BASIS AND MAKES NO 1
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-lucas.devilliers@vanguardtrucks.com (PRINT NAME OF PURCHASER) (TITLE)
Lucas DeVilliers 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
Page 1 of 3
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 fast 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.
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).
Page 2 of 3
TERMS AND CONDITIONS
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.
Effective January 1, 2024, under no circumstances can a model year 2025 or newer truck be registered or primarily used in
California.
All model year 2025 MSOs will be marked"NOT FOR INITIAL SALE OR REGISTRATION (NEW VEHICLE TITLING) IN
CALIFORNIA"
At this time and until further notice, Vanguard Truck Centers (the Company) does not sell a CARE 2024 Omnibus Certified
engine to allow sales in California.CARB Clean Idle engines are NOT eligible for registration in California but are permitted to idle
in California.Registration is the key difference between the CARB offerings.
If the Purchaser attempts to register a truck in California, a fme will be charged to the OEM (original equipment manufacturer).
This fme will be charged back to the Company and then charged to the Purchaser,who is ultimately responsible for compliance with
the emissions laws of California or any opt-in state. The minimum fme will be the sales price of the vehicle plus $47,738 with no
maximum established.
The Purchaser hereby indemnifies the OEM and the Company(each an"Indemnified Party"),and its successors and assigns,from
and against any claim,cause of action,costs,fmes,expense or damage including attorney's fees of any nature asserted,or that could
be asserted,against the OEM or the Company for any noncompliance by the Purchaser with any law or CARB or EPA regulation or
the registration or use of the NEW trucks in the State of California.If any fme or charge is imposed on an OEM or the Company as a
result of the Purchaser's non-compliance with any California or Federal law or regulation, Purchaser will reimburse such fine or
charges to the OEM and the Company within 5 days of such demand by an Indemnified Party.
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.This Agreement will be governed by the internal laws of the state of
Georgia without regard to any conflicts of law provisions. Venue for any dispute hereunder will only be proper if brought in the
appropriate court in Fulton County, Georgia and both parties hereto waive any objections to personal jurisdiction under the laws of
the state of Georgia.
Purchaser's Initials
Page 3 of 3
Flozelle C. Roberts
From: Joe Howard <joehoward@heiloftexas.com>
Sent Friday,January 17, 2025 11:19 AM
To: Flozelle C. Roberts
Cc: Glen White;Jackson Graham
Subject: [NON-CoPA] Bruckner&Vanguard Contract Quotes
Hi Mrs. Roberts,
The Bruckner and Vanguard Quotes are valid for purchase.
I also spoke with Mr.White,the mechanic and operator training is include for the City.
If you have any questions, please let me know.
Thank you,
Joe Howard
Heil of Texas
5900 Wheeler St.
Houston,Texas 77023
Office:713-923-7600
Cell:832-350-4002
Hell of
Texas
(HELL)
1
`terry
Date 10-02-2024
Quote# 11
Quote Valid for 60 Days
4)M ytr
Heil Of Texas Customer
5900 Wheeler St. City of Port Arthur
Houston Texas 77023 Address
713-923-7600 103 H 0 Mills Boulevard, Port Arthur, Texas
77640
Sales Representative: Joe Howard Phone: (832)350-4002 Email: Joehoward@heiloftexas.com
Body Model
Palfinger M13A80
. W
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Amit tol
-
■
of
Standard Options Included
Hot shift PTO with direct mount hydraulic pump
Palfinger 79-gallon steel hydraulic tanks with in tank return filter, 2" shut off valve and 46 weight hydraulic oil
Frame mounted hydraulic oil cooler, 26.8 HP, 20.0 kW heat removal
Continental hydraulic hose and fittings
Weatherproof electrical junction box with DIN rail mounted mini-breaker for crane power and throttle relay,
solenoid activated with PTO switch
Throttle control switch at top seat wired to throttle relay in junction box with relay connected to truck remote
PTO interface plug(if supplied)
42" Bakker BDV100-42 refuse grapple featuring Protect Connect mounting system
22' BeauRoc MPHD dump body(37 cu.yd.)with 72" sides and cut down at front of body to 60"
h1/e4"igh HARDOX 450 floor,3/16" HARDOX 450 front and sides, 5/32" HARDOX 450 rear door
Single swing rear body door
Front mounted telescopic hoist
Body painted gloss black enamel
Manual body control valve mounted on driver side frame rail with in cab switched electric diverter to divert
hydraulic function between loader and body
LED body light package-3/4" marker and 3 light bar lights with 4" round stop/turn/tail and reverse lights in
sealed boxes on bottom rear corners of body
LED strobe lights, cab switched,featuring flange mounted strobe lights in front grill/bumper and outside edge of
rear light boxes
Steel tube ICC bumper uprights and cross beam
Spring loaded, frame mounted mudflap brackets with mudflaps
18'X18"X36" black steel toolbox,frame mounted
All DOT and function decals
QR code equipment management system labeling
Complete load and stability testing
Options
Standard M13A80 22' MPHD (37 Cu. Yd.) Body and Mount
Heiden 42" Bucket Upgrade
Total Quote Price 147,707.05
TERMS AND CONDITIONS
1. General
No terms or conditions of Buyer's purchase order which is different from or in additions to Seller's terms and
conditions set forth herein shall bind Seller unless expressly agreed to in writing by Seller's duly authorized
representative. Buyer's acceptance of any offer made by Seller is expressly limited to the terms and conditions
provided herein. Unless otherwise stated,Seller's quotation may be modified or withdrawn prior to acceptance,
and in any event, shall expire after 30 days from its date.This order is not binding on TEXAN WASTE
• EQUIPMENT INC. dba HEIL OF TEXAS unit officially approved.The said machinery, equipment and/or parts are
ordered and will be purchased subject to written contract only,and are not affected by any verbal
representations of agreements, nor is this order subject to cancellation by the Purchaser without the Seller's
consent.
2. Price and Payment
a) Price quoted herein are exclusive of all taxes.Any taxes levied or which ma become due, and other charges
or assessments made by any taxing authority in connection with this contract or the sale,except those
measured by Seller's net income, shall be expense of the Buyer and shall be payable to Seller at or before such
tax or other amount is due.When Buyer is entitled to exemption from any tax, Buyer shall furnish Seller with a
tax exemption certificate acceptable to the taxing authorities.
b) Interest at the rate of one and one-half per cent(1.5%) per month (18% per annum),or the maximum lawful
rate allowable,will be charged,whichever is less,on all past due invoices.The undersigned agrees to pay all
expenses, charges,costs and fees, including,without limitation, attorney's fees and expenses, of any nature
whatsoever paid or incurred by,or on behalf of TEXAN WASTE EQUIPMENT INC.dba HEIL OF TEXS, in
connection with any collection action brought hereunder.The invalidity of all or any part of any provision of this
Agreement shall not render invalid the remainder of such provision or any other part of this Agreement.
c)TEXAN WASTE EQUIPMENT dba HEIL OF TEXAS, shall retain ownership of and title to the above machinery,
equipment and parts covered by this order until fully paid for in cash and until any note given in evidence of
indebtedness, and any renewals thereof, have been fully paid. If any such note is not paid in full at its maturity,
all other notes and obligations given in evidence of indebtedness hereof shall at once become due,and the said
TEXAN WASTE EQUIPMENT dba HEIL OF TEXAS, shall have the right to take possession of said machinery
wheresoever it may be situated and sell the same pursuant to the conditional sales statutes of the State of
Texas.
3. Delivery
a) If within 5 days after receipt of the goods, Buyer fails to notify the Seller in writing of any non-conforming
goods, Buyer shall be deemed to have accepted the goods delivered.
b) Deliveries dates are estimated and not guaranteed by Seller and, in any event are conditioned upon receipt
of all specifications and other data required to be furnished by the Buyer.
c) If shipment or delivery is delayed because of an act or omission of the Buyer, payment shall be due upon
notification by Seller that goods are ready for shipment. Buyer shall pay any additional charges including, but
not limited to,cost of storage, handling,and insurance.
4.WARRANTY AND LIMITATIONS OF LIABILITY
ANY EXPRESS WRITTEN WARRANTY PROVIDED BY THE MANUFACTURER OF THE EQUIPMENT DESCRIBED IN
THIS QUOTATIONS IS GIVEN IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE
LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM DEFECTIVE GOODS,
SELLER'S NEGLIGENCE,
BREACH OF WARRANTY OR CONTRACT, OR CLAIMS BASED UPON STRICT LIABILTIY. IN NO EVENT SHALL SELLER
BE LIABLE FOR CONSEQUENTIAL DAMAGES COMMERCIAL IN NATURE.
5. Delays
Sellers shall not be liable for the failure or delay in performance of any term, condition, or obligation hereunder
due to any cause beyond the Seller's control, including but not limited to Acts of God, acts of the Buyer, war,
insurrections or riots,fires,floods, accidents, acts, order or regulations of any government, inability to obtain
necessary materials, services or facilities, strikes or other labor troubles.
6. Development Changes
Changes in design, specifications, construction or materials, may be made at Seller's discretion, and without
Buyer's consent, where such changes do not materially affect price, delivery or guaranteed performance (if any)
of the goods, or make unusable any other item of goods furnished hereunder.
7.Termination
No order may be terminated without Seller's written consent. Upon any termination Buyer shall pay reasonable
termination charges, including but not limited to, manufacturing and sales costs, overhead, cost or goods and
profit.
8. Miscellaneous
This agreement shall be binding upon the successors and assigns of the parties. If any provision herein is found
to be invalid as a matter of law or by public policy, it shall be considered severed from the remainder of the
provisions which shall remain in full force and effect.This agreement shall be governed by
the law of the State of Texas.
ALL PRICES SUBJECT TO ANY APPLICABLE FEDERAL OR STATE TAXES AND TITLING FEES. QUOTE SUBJECT TO
REVISION AFTER 15 DAYS.
NOTE: Please read carefully. This quote becomes a sales order if signed by customer. Your order will be
processed as written! Notify of any changes needed within five (5) days of signing. Financing available, subject
to credit approval. I have read and understand the terms and conditions on this Order.
X
Date
Customer Approval to Process Order Date
Thank you for the opportunity to earn your business!
