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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution authorizing the
execution of an agreement and
issuance of a purchase order to
Fairview Ford of San Bernardino,
pursuant to section 3.04.010-B3 of the
Municipal Code for the purchase of
twelve (12) Refuse trucks and
authorizing the Finance Director or her
designee to solicit lease-purchase rate
quotes and award a lease-purchase to
the lowest responsible leasing company.
Dept: Public Services
Date: January 6, 2009
Meeting Date: January 20, 2009
Synopsis of Previous Council Action
Reso 2005-305 9/6/2005
Reso 2006-300 8/21/2006
Approved purchase of two Refuse trucks from
Fairview Ford.
Approved purchase of twenty Refuse trucks
from Fairview Ford.
Approved purchase of sixteen Refuse trucks
from Fairview Ford.
Reso 2007-454 11/19/2007
Recommended Motion:
Adopt Resolution.
Contact person Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff Report,
Quotes, Agreement, Resolution and
Attachments 1 and 2
Ward: All
FUNDING REQUIREMENTS:
Amount:
$3,639,137.64
Plus lease costs
Source: IWM Fund
527-412-5803
527 -413-5803
FY08/09 Estimated Lease Payments
$300,000 Semi-Annually
Council Notes:
Finance:
HSlJ 2009- q
Agenda Item No. Z 7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of an agreement and issuance of a purchase order
to Fairview Ford of San Bernardino for twelve (12) 2009 AUTOCAR WX64 chassis
complete with seven (7) Labrie Automated Sideloader Refuse bodies, one (1) McNeilus
Rolloff Refuse body, three (3) McNeilus Frontloader Refuse bodies and one (1)
McNeilus Rearloader body to be utilized by the IWM Division.
BACKGROUND:
The Integrated Waste Management Division (IWM) currently utilizes eighty-nine (89)
refuse trucks for its operations. Twelve (12) of these units have far surpassed their
useful life and have become unreliable and an economic burden to operate. The
following vehicles need to be replaced: seven (7) 2002 Labrie Sideloaders, one (1) 1994
Amrep Roll-off, three (3) 1999 Frontloader Refuse trucks and one (1) 1987 Rearloader
truck. Since these twelve (12) units have far surpassed their useful life they will be
placed in surplus for auction. The following lists the unit number for each vehicle:
2002 Labrie Sideloaders: #01107, #01108, #01109, #01110, #01111, #01112,
and#01113
1994 Amrep Roll-off: #196
1999 Frontloaders Refuse trucks: #133, #136, and #184.
1987 Rearloader: #155
During the FY 06/07 budget preparation, Fleet staff developed a multi-year long term
replacement schedule for the IWM Division that was approved as part of the FY 06/07
IWM Division Budget. The replacement of these aging units is the third phase of that
schedule.
The IWM Division currently operates forty-one (41) Labrie Autornizer Refuse trucks,
nine (9) McNeilus Frontloaders and eight (8) McNeilus Roll-offs. Fleet staff has found it
to be more cost effective to standardize types of vehicles and equipment for better
operational economy. Fewer brands of parts must be stocked and mechanic training is
specialized and more thorough.
Due to the specialized nature of this equipment there are no local vendors able to
supply the trucks. However, Fleet staff has negotiated with Fairview Ford of San
Bernardino to be the primary vendor for this purchase. The vehicles and subsequent
build up will be purchased through Fairview Ford for a total amount of $3,639,137.64
including tax plus lease costs. Fairview will use sub-contractors, Arata/Labrie
Equipment of San Carlos, and McNeilus Truck of Colton, for the installation of the
refuse bodies. Los Angeles Freightliner of Fontana, will supply the AUTOCAR chassis
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report- Continued
and conversion to LNG (Liquefied Natural Gas), as required by South Coast Air Quality
Management District (SCAQMD) rule 1193.
The following is a breakdown of the pricing per type of unit:
1 Rear loader @ $249,286 each
1 Rolloff truck @ $195,544 each
3 Front loaders @ $259,263 each
7 Side loaders @ $299,872 each
Attached for your review is the quote from Fairview Ford and Los Angeles Freightliner.
Standard chassis warranty is one year. Included is a 5-year extended Allison
Transmission warranty, and a 5-year/150,000 mile extended Cummins Engine warranty
as well as an Enhanced Warranty/Service package (See Attachments 1 & 2).
FINANCIAL IMPACT:
Funds for the lease payments are budgeted in accounts 527-412-5803, and 527-413-
5803 (Lease Payments) starting in the FY 08/09 IWM Division budget, with Semi -
annual estimated lease payments of $300,000. The total length of the lease purchase
will coincide with the anticipated useful life of the trucks, approximately seven (7) years.
RECOMMENDATION:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF TWELVE (12) REFUSE TRUCKS COMPLETE WITH
REFUSE BODIES AND LNG CONVERSION TO BE UTILIZED BY THE IWM
DIVISION; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT
LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE
LOWEST RESPONSIBLE LEASING COMPANY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Fairview Ford, a copy of which is attached hereto, marked Exhibit "A"
and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That Fairview Ford has offered a purchase price of $3,639,137.64
including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for (12) Year
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purchase order to Fairview Ford of San Bernardino, in the amount of $3,639,137.64,
23 which will facilitate the procurement of the (12) vehicles; and authorize the Finance
24 Director or her designee to solicit as needed, lease-purchase rate quotes and to
25 present a lease purchase Agreement for approval by the Mayor and Common Council.
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RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF TWELVE (12) REFUSE TRUCKS COMPLETE WITH
REFUSE BODIES AND LNG CONVERSION TO BE UTILIZED BY THE IWM
DIVISION; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT
LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE
LOWEST RESPONSIBLE LEASING COMPANY.
SECTION 4. The Purchase Order shall reference this Resolution No. 2009-
and shall read, "Purchase of twelve (12) Year 2009 Autocar WX64 chassis to include
refuse bodies and LNG fuel conversion, P.O. not to exceed $3,639,137.64" and shall
incorporate the terms and conditions of the Agreement.
SECTION 5. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if the Agreement is not executed by both parties
within sixty (60) days of the passage of this resolution.
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RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF TWELVE (12) REFUSE TRUCKS COMPLETE WITH
REFUSE BODIES AND LNG CONVERSION TO BE UTILIZED BY THE IWM
DIVISION; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT
LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE
LOWEST RESPONSIBLE LEASING COMPANY.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Coundl of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2009, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
VACANT
KELLEY
JOHNSON
19 MCCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing resolution IS hereby approved this
,2009.
day of
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Ap oved as to form:
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Patrick J. Morris, Mayor
City of San Bernardino
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es F. Penman, City Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of January 2009, by and
between Fairview Ford ("VENTIOR") and the City of San Bernardino ("CITY" or "San
Bernardino'').
WITNESSETH:
WHEREAS, the Mayor and COillmon Council have determined that it is in the best
interest of the CITY to contract for the purchase of twelve (12) 2009 ACTOCi\R WX64
chassis and refuse bodies with LNG fuel conversion: and
WHEREAS, the City of San Bernardino has determined that VENDOR possesses the
professional skills and ability to provide said services for the City:
NOW, THEREFORE, the parties hereto agree as follows:
L SCOPE OF SERVICES,
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENTIOR to provide those products and services as set forth in its proposal dated
December 22, 2008, attached hereto, marked Attachment "1 and 2" and incorporated herein by
this reference as fully as though set forth at length.
2, COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENTIOR up to the amount of $3.639,137.64 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VEl\TIOR shall be reimbursed by CITY.
3. TER.IVI.
The term of this agreement shall be for a period of one (1) year.
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This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
!'epresentatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City. its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omlSSlons. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of S I ,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
ternlination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or tennination of policy.
6. NON-DISCRIMINATION.
In the perfonnance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in. nor pennit its officers. employees or agents to engage in,
discrimination in employment of persons because of their race. religion. color. national origin,
ancestry. age. mental or physical disability. medical conditions. marital status. sexual gender or
sexllal orientation, or any other status protected by law, except as pernlitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perfonn work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense. and be responsible for any and all payment of
Income Tax. Social Security, State Disability Insurance Compensation, Unemployment
Compensation. and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
perfornled hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain. and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code. and any other license, permits,
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qualifications. insurance and approval of whatever nature that are legally required of VENDOR
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to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "0" Street
San Bernardino. CA 92418
Telephone: (909) 384-5140
TO THE VE:\'DOR:
Fairview Ford Sales Inc.
808 West 2nd Street
San Bernardino. CA 92412-5516
Telephone: (909) 386-0281
Attn: Todd Hf
ATTORNEYS' FEES
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In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
ot1ice in enforcing this Agreement on behalf cf the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11.
ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law aSSIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment. transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
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Agreement. Regardless of CITY's consent. no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino. State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVER "lING LAW.
This Agreement shall be governed by the laws of the State ofCalifomia.
I.... SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
prOVISIons.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may' be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
FAIRVIEW FORD SALES INC.
[]\i WIT"ESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
. 2009
VENDOR
By:
Its:
9 Dated
, 2009
CITY OF SAN BERNARDINO
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By:
City Manager
Approv d as to Form:
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Attachment "1"
December 22, 2008
Falrview Ford Sales, Inc.
P.O. Box 5518
SAN BERNARDINO. CAUF. 1~12
TeI.ph_ (101)884-1281
mill
City Of San Bernardino
Fleet Department
182 S. Sierra Way
San Bernardino, CA 92408
RE: Purchase Of 12 Autocar Refuse Trucks
Dear Mr. Johnson
Here is the breakdown for the above referenced purchase
7
Automizers @ 299,872. each
$195,544.00
777,788.00 . .
2,140,765.00
249,286.00
1
Roll Off@ $195,544. each
3
Front Loaders @ 259,263. each
1
Rear Loader @ 249,286. each
Doc and Handline: Fee
Total
5.400.00
$3,368,783.00
Sales Tax (8%)
269.502.64
Fed Excise Tax
EXEMPT
DMV
600.00
Ca Tire Fee
252.00
GRAND TOTAL
$3,639,137.64
Thank you for this opportunity,
~~?~
Todd Eff
Commercial Fleet Manager
Prepared By JERRY DALTON
Quote Id : WXLL64 RO
Attachment "2"
Prepared For ROLL OFF
CITY OF SAN BERNARDINO
Quote Summary
11119/2008
All figures are in US dollars
Canadian dealers require Canadian dollars
EQUIPMENT EACH TOTAL
WXLL64 189,568
WXLL CAB - SINGLE LH DRNE
ADDITIONAL PURCHASED COVERAGES 2,200
EPA SURCHARGE 0
ADDITIONAL PRICE ADJUSTMENT 1,826
FACTORY CONTRACT MODIFICATION 0
OUTSIDE CONTRACT FREIGHT 0
LA TE/CANCELLATION FEES 0
ADDITIONAL SURCHARGE 0
FREIGHT 1,950
QUA-"ITITY
TOTAL EQUIPMENT PRICE 195,544 195,544
TRADE IN (0)
OTHER CHARGES EACH TOTAL
FET 0
FET AMOUNT TOTAL 0
STATE TAX/OTHER FEES ML *"'" 0 0
TOTAL QUOTE AS SPECIFIED 195,544
~g~
Dealer . a~
Ij/;7jgOb {
Customer Signature
Date
Date
Price Level: 200804072009A
Wednesday, November 19, 2008 5:26:35
Page 13 of 24
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Prepared By JERRY DALTON
Quote Id : WXLL64 CFEL
Attachment "2"
Prepared For FRONT LOADER
CITY OF SAN BERNARDINO
Quote Summary
11/19/2008
All figures are in US dollars
Canadian dealers require Canadian dollars
EQUIPMENT EACH TOTAL
WXLL64 253,574
WXLL CAB - SINGLE LH DRIVE
ADDrnONAL PURCHASED COVERAGES 2,200
EPA SURCHARGE 0
ADDITIONAL PRICE ADJUSTMENT 1,539
FACTORY CONTRACT MODIFICATION 0
OUTSIDE CONTRACT FREIGHT 0
LATE/CANCELLATION FEES 0
ADDITIONAL SURCHARGE 0
FREIGHT 1,950
QUANTITY 3
TOTAL EQUIPMENT PRICE 259,263 777,788
TRADE IN (0)
OTHER CHARGES EACH TOTAL
FET 0
FET AMOUNT TOTAL tJ-el ~~ 0
STATE TAX/OTHER FEES 0 0
TOTAL QUOTE AS SPECIFIED
h~ 777,788
lI.,:;tc;+,~ ,
DealUgn re
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Customer Signature
Date
Date
Price Level: 2008040nOO9A
Wednesday, November 19, 2008 4:39:56
Page 1 of 3
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Prepared By JERRY DALTON
Quote Id : WXR64 ASL
Quote Number: QOOO9115
Attachment "2"
Prepared For AUTOMIZER
CITY OF SAN BERNARDINO
Quote Summary
11/19/2008
All figures are in US dollars
Canadian dealers require Canadian dollars
EQUIPMENT EACH TOTAL
WX64 299,872
WXR CAB - SINGLE RH DRIVE
ADDITIONAL PURCHASED COVERAGES 2,200
EPA SURCHARGE 0
ADDITIONAL PRICE ADJUSTMENT 1,802
FACTORY CONTRACT MODIFICATION 0
OUTSIDE CONTRACT FREIGHT 0
LATE/CANCELLATION FEES 0
ADDITIONAL SURCHARGE 0
FREIGHT 1,950
QUANTITY 7
TOTAL EQUIPMENT PRICE 305,824 2,140,765
TRADE IN (0)
OTHER CHARGES EACH TOTAL
FET 0
FET AMOUNT TOTAL QvtL. ,~;" 0
STATE TAX/OTHER FEES 0 0
TOT A.L QUOTE AS SPECIFIED
2,140,765
D'.~~...
Customer Signature
Date
Price Level: 2008040nOO9A
Wednesday, November 19,20086:57:48
Page 13 of 24
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Prepared By JERRY DALTON
Quote Id : WXLL64 REL
Attachment "2"
Prepared For REAR LOADER
CITY OF SAN BERNARDINO
Quote Summary
1 }l09/2008
All figures are in US dollars
Canadian dealers require Canadian dollars
EQUIPMENT
WXLL64
WXLL CAB - SINGLE LH DRIVE
ADDITIONAL PURCHASED COVERAGES
EPA SURCHARGE
ADDITIONAL PRICE ADJUSTMENT
FACTORY CONTRACT MODIFICATION
OUTSIDE CONTRACT FREIGHT
LATE/CANCELLATION FEES
ADDITIONAL SURCHARGE
FREIGHT
QUANTITY
TOTAL EQUIPMENT PRICE
TRADE IN
EACH
TOTAL
243,318
2,200
o
1,818
o
o
o
o
1,950
249,286
249,286
(0)
OTHER CHARGES
EACH
TOTAL
FET
o
TOTAL QUOTE
MPd'B;J~ 0
AS SPECIFIED
o
o
FET AMOUNT TOTAL
STATE TAX/OTHER FEES
249,286
J~
Ilj~ht7/0
Date
Customer Signature
Date
Price Level: 200804072009A
Tuesday, December 9, 2008 6:09:45 PM
Page I of 3
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.21;~ment "2"
City of San Bernardino
Public Services Department
Fleet Division
Autocar New Truck
Enhanced Warranty/Service Package
}> For a penodoftwo years from the purchase date, any OEM covered warrantable
repairs needed (that are approved I accepted by the respective manufacturer) will
be either; repaired at the customers site by ";2 f? A/I , or, picked up,
repaired and delivered back to the customer by '72-f M , ., or,
towed to ,,: A FA Gf"1,i11 / h _v- and repaired. The on-site repairs, shuttling,
and I or towing for the covered repairs will be at no cost to the customer. In the
event that the requested repair is denied warranty compensation by the respective
manufacturer, then the cost for the provided service will be billed to the customer.
All decisions concerning whether to repair at customer site, shuttle the unit or tow
will be made at the sole discretion of A,4 T7lt:r<;/17 ( VPI"t--- "-. This coverage
applies to all covered chassis and power train warranties, LNG fuel system, and
Methane Leak Detection Systems and is limited to the duration of the warranty
coverage by the respective OEM Note: The refuse collection body, its controls
and accessories are not included or covered by this Package.
}> The Methane Leak Detection Systems on the vehicles will be inspected at the
customer's location, a minimum of three times per year in accordance with CHP
title 13 requirements and a "Validation Form" form urovided for any compliant
vehicle. This Service will be perfonned by A ~ II (or an agent
appointed by A;::: U ') and will start at the Purchase Date of the vehicle and
continue for a 2-year period. There will be no cost to the customer fOr the
inspections.
}> At or about two years from the purchase of the vehicle, the LNG tank will be "re-
vacuumed". This service will be performed by ArV' . (or an
agent appointed by' p.. f"1I ) at no cost to the customer for the "re-vac"
procedure.
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