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HomeMy WebLinkAboutPR 24383: 5 MACK LR64 ASL TRUCKS, SOLID WASTE, GARBAGE DIV., VANGUARD TRUCK CENTER7 City of urt rt{rt r www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 6, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Flozelle C. Roberts, BIT, MEng, MBA, Public Works Director RE: P.R. 24383 —Purchase of five (5) 2026 Mack LR64 ASL Truc s for the Solid Waste - Garbage Division from Vanguard Truck Centers of Houston, Texas, through the TIPS Cooperative Purchasing Program Introduction: This agenda item requests Council's approval for the purchase of five (5) 2026 Mack LR64 Automatic Side Load(ASL)garbage trucks for the Solid Waste—Residential Garbage Division. Background: The Public Works Solid Waste—Garbage Division(Garbage) collects household waste in City- issued containers.The garbage trucks have incurred deterioration and have exceeded their useful life of six years, warranting replacement. The City has engaged a consult It to develop its first solid waste master plan. Preliminary findings indicate that at least few.new garbage trucks are needed to maintain operations. The following are specifications for the existing equipment that will be replaced. Equipment No. Model Year Make Model Years in Service Date Received 2118 2017 Mack LR613 9 07/29/2016 2179 2017 Mack LR613 8 09/16/2017 2190 2017 Mack Unknown 8 10/31/2017 2191 2017 Mack Unknown 8 10/27/2017 2194 2018 Mack Unknown 8 10/30/2017 "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 Centers of Houston, Texas, provided a competitive quote for five (5) 2026 Mack LR64 ASL trucks for $426,466.77 each ($2,132,333.85 total) through the TIPS Cooperative Program, contract 240901. Funding will be available through the Solid Waste Residential Collection Motor Vehicles Fund Account, 403-50-310-8523-00-00-000, pending approval of PO 7340. Recommendation: It is recommended that the City of Port Arthur City Council approve PR 24383 authorizing the City Manager to purchase five(5)2026 Mack LR64 Automatic Side Load(ASL)garbage trucks for the Solid Waste—Residential Garbage Division from Vanguard Truck Centers 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.24383 06/06/2025 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE FIVE (5) 2026 MACK LR67 ASL GARBAGE TRUCKS WITH 28 YD PYTHON FOR THE SOLID WASTE — RESIDENTIAL GARBAGE DIVISION FROM VANGUARD TRUCK CENTERS OF HOUSTON, TEXAS, THROUGH THE TIPS COOPERATIVE PURCHASING PROGRAM FOR THE AMOUNT OF $426,466.77 EACH ($2,132,333.85 TOTAL). FUNDING IS AVAILABLE IN THE SOLID WASTE RESIDENTIAL COLLECTION MOTOR VEHICLES FUND ACCOUNT, 403-50-310-8523-00-00-000, PENDING THE APPROVAL OF PO 7340. WHEREAS,the Public Works Solid Waste—Garbage Division collects household waste for the prevention of disease and compliance with health and environmental laws; and, WHEREAS, the garbage trucks are in constant operation, have deteriorated rapidly, and have exceed their useful life of six years; and, WHEREAS,the City has engaged a consultant to develop its first solid waste master plan. Preliminary findings indicate that at least four new garbage trucks are needed to maintain operations; 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 entered into an interlocal agreement with Region VIII Education Service Center for participation in the Interlocal Purchasing System(TIPS)Cooperative Purchasing Program; and, WHEREAS,Vanguard Truck Centers of Houston,Texas,is part of the TIPS Cooperative Purchasing Program under contract number 24091 and submitted a competitive quote for five(5) t PR No.24383 06/06/2025 FCR Page 2 of 3 2026 Mack LR64 ASL trucks for $426,466.77 each ($2,132,333.85 total) attached hereto as Exhibit A. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: 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 five (5) 2026 Mack LR64 ASL trucks from Vanguard Truck Centers of Houston, Texas, for $426,466.77 each($2,132,333.85 total), through the TIPS Cooperative Purchasing Program; and, THAT, funding for this purchase is available in the Solid Waste Residential Collection Motor Vehicles Fund Account, 403-50-310-8523-00-00-000, pending the approval of PO 7340; 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 Pr PR No.24383 06/06/2025 FCR Page 3 of 3 Attest: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPR O ► FOR ADMINISTRATION: 1 MA��t llfr, Ron. n = • o " PM City Mana 1 r ..d, ' 0 0 0 i Flo ell- i. Robe ., EIT M ng, MBA, CPM Direct fir 'f Publi I Wo s APPROVED AS FOR AVAILABILITY OF FUNDS: Lynda Boswell, ICMA-C , MA Director of Finance ! G AILL Clifton . Williams, Jr., CPPB Purchasing Manager PR No.24383 EXHIBIT A VANGUARD TRUCK CENTER OF HOUSTON New Vehicle Purchase Agreement ' 11147 06/05/2025 12935 Crosby Fwy DE-22496 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#: New 2026 MACK LR64 Price: $211,382.00" 28Yd Python-Heil $215,084.77 Stock#: New 2026 MACK LR64 Price: $211,382.00 28Yd Python-Heil $215,084.77 Stock#: New 2026 MACK LR64 Price: $211,382.00 28Yd Python-Heil $215,084.77 Stock#: New 2026 MACK LR64 Price: $211,382.00 28Yd Python-Heil $215,084.77 Stock#: TBD TBD New 2026 MACK LR64 Price: $211,382.00 28Yd Python-Heil $215,084.77 Total Price $2,132,333.85 Total $2,132,333.85 5 -2026 Mack LR-Includes Heil 28yd Python VANGUARD TRUCK CENTER TIPS CONTRACT#240901 ( 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 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. 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 CARB 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 fine 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 fine 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,fines,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 fme 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: Glen White Sent: Thursday, June 5, 2025 4:50 PM To: Flozelle C. Roberts Cc: Pamela Langford Subject: Fw: [NON-CoPA] Delivery- New Units From:Joe Howard <joehoward@heiloftexas.com> Sent:Thursday,June 5, 2025 3:29 PM To: Glen White<glen.white@portarthurtx.gov> Cc:Jackson Graham <jacksongraham@heiloftexas.com>; Mike Sandifer<mike.sandifer@vanguardtrucks.com>;Jeff Davis<jeffdavis@heiloftexas.com>; Cody Garefalos<codyg@heiloftexas.com> Subject: [NON-CoPA] Delivery- New Units Hi Glen, Mike and I have been working to put this together for a solid timeline, these are estimates based on the best information we have right now. *Front Loader Chassis—ETA to Heil Plant late September, body completion December. *Side Loader Chassis—ETA to Heil Plant October, body completion December. *Grapple Chassis— ETA to MTE Plant October, body completion December. These are all new builds for the City, heavy duty specifications. Joe Howard Heil of Texas 5900 Wheeler St. Houston,Texas 77023 Office: 713-923-7600 Cell: 832-350-4002 Hell of Texas IGC)--;;).