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HomeMy WebLinkAboutC-3207 - PSA to install an automated fuel systemPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 28th day of April, 1998, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and MILLIGAN & SONS, INC. whose address is P.O. Box 891076, Temecula, California, 92589 -1076, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement an automated fueling system at all fueling sites in City facilities ('Project'). C. City desires to engage Consultant to provide and install an automated fueling system capable of computing the quantity of fuel placed in equipment, and upload fuel and mileage data into the fleet management computer system, upon the terms and conditions contained in this Agreement. D. The principal member of Consultant, is for purpose of this Project, Robert W. Milligan, President. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and 1 9 0 desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the 28thday of April, 1998, and shall terminate on the 28thday of August 19 98, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates, attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Forty -Eight Thousand, Two Hundred Forty -Seven Dollars ($48,247.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City and based upon the LI 0 following payment schedule: 25% at signing of contract, 25% upon commencement of installation of the system, and the remainder following acceptance of the completed work. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with Exhibit "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will 0 • perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to V E exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Robert Milligan to be its Project Manager. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in the proposal. The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, and not later than the date upon which 61 9 9 performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail, 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, 9 0 0 property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13, INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: unless otherwise approved by the City Risk Manager. 7 9 0 A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any 0 right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement 9 by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. Access to, and upon request of Consultant, one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Usable life of facilities criteria and information with regards to deficient facilities. 18. ADMINISTRATION This Agreement will be administered by the General Services Department. The General Services Director shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 10 • • 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. 11 0 Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered OVA personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: General Services Director City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3055 (714) 650 -0747 (fax) All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Robert W. Milligan Milligan & Sons, Inc. P.O. Box 891076 Temecula, CA 92589 -1076 (909) 506 -2389 (909) 699 -1572 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 13 0 6 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 14 0 0 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: � 1 Robin auson Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk F: \cat \da \ag \profserv. doc 07 -14 -97 CITY OF NEWPORT BEACH A Municipal Cor , ratign f By: Thomas Edwards Mayor for the City of Newport Beach CO LTAN By: `vv , Robert Milligan President for Milligan and Sons, Incorporated 0161 9 Exhibit A 0 Milligan and Sons, Incorporated Proposal A PROPOSAL to the CITY OF NEWPORT BEACH for a TRAK SENTRY V AUTOMATED FUELING SYSTEM z MILLIGAN & Sons, Inc. Temecula, California December 3, 1997 E L] CONTENTS Specific responses to the Newport RFP Background & Approach Methodology Work Plan Contract Organization and Staffing Related Experience Contract Schedule Statement of Compliance Other Information Employment Provision Insurance Coverage Guarantees Cost Data Trak Technical Specifications Schematic Photos 9 Background & Approach MSI personnel have visited the Newport fueling sites on several occasions. We believe we fully understand what needs to be done to implement a fully operational automated fueling system. Our usual approach is to first establish a good working relationship with the designated individuals in the user organization, then gather vital planning information, such as which sites should be completed first, etc. We also try to plan around the fleet's slow and busy times, so as to minimize the impact on their operations during installation and start -up. Methodology Our usual method of accomplishing a system installation and start up is as follows: 1. Make a detailed inspection of all existing equipment and facilities. 2. Place orders with our suppliers for all required equipment. 3. Coordinate with the user to insure that any necessary facilities such as telephone lines are ordered in a timely manner to avoid delaying system start up. 4. Install and check all items of equipment prior to "cut- over ", so that fueling is interrupted as little as possible. 5. Keep user personnel informed as each phase is completed. Work Plan 1. Install Sentry V pedestals in optimum position on each island. 2. Install pump control modules in dispenser junction boxes. 3. Install pulser modules on dispenser registers.. 4. Run Fiber Optic conductors as needed. 5. Connect comm. cable at local sites and Modems at remote sites. 6. Load software in City's Central Controller. 7. Run test on all elements of the system. 8. Set system on "By- pass" pending City's approval to cut over. 9. Conduct classes for City personnel as needed. Please be aware that MSI always places safety as our top priority on every project and in all phases of our work. Our people either use the right tool and the correct procedure or the job comes to a halt until the deficiency is corrected. 1. Contract Organization and Staffing MILLIGAN Er Sons, Inc. TRAK Engineering ` john Blyth I President Penny Rentz I Hogar Tate d Service Mana g er Chief En g ineer LIASON Ron Taylor Field Technician Contract Director & Key Contact - Bob Milligan - (909) 506 -2389 - FAX 699 -1572 Field Operations Manager - Gary Mach " Office Manager - Connie Mach " Manufacturer - TRAK Engineering - (904) 878 -4585 - FAX (904) 656 -8265 President - John Blyth " Chief Engineer - Hogar Tate " Field Service Manager - Penny Rentz West Coast Field Service Tech. - Ron Taylor - (805) 823 -9148 Vice President, Sales - Chuck Reinhardt (410) 635 -6522 - FAX (410) 635 -6728 West Coast Sales Manager - Pete Smith - (916) 346 -7662 - FAX (916) 346 -8451 Education & Experience Bob Milligan - Aeronautical Engineer, Cal Poly, San Luis Obispo. 25 years industrial systems sales and installation. Formerly National Sales Manager, Engineered Systems, Inc., Tempe, Arizona. Gary Mach - Former technician, TRW Corp. Qualified to engineer electro- mechanical installations on flight and non - flight hardware. Has installed numerous TRAK systems. Connie Mach - 12 years experience office management. Small business owner. John Blyth - Founder, TRAK Engineering in 1981. Hogar Tate - Graduate Electrical Engineer 2. Related Experience 1. City of Ontario, California - This contract was awarded to MSI in March, 1997. The scope of work was the installation of a TRAK fully automated fuel management system on six islands and the oversight of the installation of 350 Vehicle Monitor Units on a portion of the City's fleet. This system dispenses motor oil and hydraulic fluid as well as motor fuels. Ontario has plans to expand the fuel management system to include a new police department fuel island and certain fire stations in 1998. MSI expects to be awarded this follow -on contract. Contact: Jerry Hodgson Occupational Health & Safety Officer. Tel. (909) 986 -1151, ext. 4327 2. City of Signal Hill, California. - MSI installed a single island fuel management system at Signal Hill during the summer of 1997. This system is quite straightforward but is interesting in that the TRAK system also controls a motor- operated gate at the yard entrance. Contact: Jose Solis -Fleet Services Supervisor Tel. 310 - 989 -7256 3. Los Angeles Unified School District - MSI has installed TRAK fuel management systems at two of LAUSD's seven sites. An eighth site is scheduled for 1998. Contact: Larry Turgeon Tel. 213 - 743 -3649 4. Colton Joint Unified School District - The fueling facility at this school bus fleet was automated with a TRAK fuel management system by MSI in 1996. The district plans to upgrade the system to fully automated operation early in 1998. Contact: Rick Feinstein, Maintenance Director Tel. (909) 876 -4110 5. Automobile Club of Southern California, Costa Mesa - MSI was awarded a major contract to completely replace the Auto Club's fuel facility , late in 1996. The scope of work included new underground tanks, a new island, dispensers and a TRAK fuel management system. Contact: James M. Hurst, Contract Administrator Tel. (714) 437 -0065 �L C�Bb 3. 0 0 6. San Diego Gas & Electric Co. - In the fall of 1997, MSI was selected to supply and install a very large TRAK fuel management system for SDG &E at seven fixed sites thru out San Diego County and on four mobile tanker trucks. This is a fully automated system which will ultimately cover 1,900 vehicles. System start -up is planned for early 1998. Contact, Chuck French - Project Coordinator Tel. (619) 653 -3105 Contract Schedule 1. Placement of orders with suppliers - 1 week. 2. Manufacture and delivery of equipment to jobsite - 4 weeks. 3. Installation and start -up - 2 weeks. Cost Data (Please see page 6. of this proposal) Statement of Compliance This proposal is in strict compliance with the Request for Proposal except for the following items: 1. RFP page 8., item J., second paragraph states the actual cost of all materials passed on to the City shall be wholesale cost of the material. This is not a requirement with which the offerer is familiar. 2. The ordering and installation of telephone lines at all sites must be the responsibility of the City. This is customary. These exceptions should have no impact on contract costs, scheduling or other considerations. Other Information We have no other information to offer at this time, except to comment that this RFP is quite thorough and we believe it will insure a successful and timely completion of this project as a result of it's comprehensiveness. 4. 9 0 Employment Provision MSI does not discriminate on any basis in the hiring of persons or subcontractors. We believe this project will not require the hiring of persons outside MSI nor any subcontractors. Schematic (Please see schematic following page 6. of this proposal.) Insurance Coverage The insurance coverage provision of the RFP is acceptable. Guarantees The Guarantees provision of the RFP is acceptable. 5. 9 9 Cost Data TOTAL COST FOR THE PURCHASE AND INSTALLATION OF AN AUTOMATED FUELING SYSTEM: $ 48,247.00 PER MONTH (EST) COST FOR A LEASE PROGRAM - TOTAL FUEL MANAGEMENT: $ 3,387.00` TOTAL (EST.) COST FOR PURCHASE OF NEW DISPENSERS: $ 25,212.00 (Above prices include applicable taxes.) Lease program includes unlimited on -site repair and maintenance of entire system for as long as lease remains in effect. Program also includes the furnishing and installation of any and all hardware and software upgrades as may be released by the manufacturer during the term of the lease. (Upgrade to fully automated operation is at additional cost. See below.) We suggest that the details of any lease/ maintenance agreement be negotiated between MSI and the City of Newport Beach. The Trak Sentry V Fuel Management System as offered in this proposal may be upgraded to fully automated operation as described in Newport's RFP on pages 19 & 20 under the heading FUTURE UPGRADES. For budgetary purposes, the City may be interested in knowing that this upgrade can be accomplished at any time in the future for approximately $1,500 per Island Monitor Device plus $1,000 per hose plus $85.00 per vehicle. There are no additional software charges associated with this upgrade. The training of customer personnel in the installation of the Vehicle Monitor units is at no extra cost. This Price Quotation is valid thru June 3, 1998. an Sons nc. Ro ert W. Milligan - President Box 891076 - Temecula, CA 92589 -1076 (909) 506 -2389 - FAX (909) 699 -1572 December 3, 1997 (this proposal is proprietary to Milligan & Sons, Inc. and is intended for use by the customer only.) 6. Ll FUEL SENTRY V - TECHNICAL SPECIFICATIONS PERFORMANCE: Controlled Hoses Model 100 - 8 Operation Continuous, with simultaneous pumping from all hoses Time -outs 1 to 99 seconds, selectable Memory Storage Time 365 Days (Minimum without power) Definition 1 /10 gallon or quart Expected Life 18 years MTBF 12,000 hours MTTR 15 minutes Users 65,000 ELECTRICAL Supply Voltage 115 VAC Supply Current 400 ma maximum, 100 nominal Power Consumption 50 watts max., 10 watts nominal Interconnect Direct wire Signal Lines Fiber optic •�I�ill�jf� 7 Processor 800535 Operating Frequency 11.05 MHZ Internal RAM Memory 640k bytes Internal ROM Memory 32k bytes Communications Rate 30011200/2400 baud Storage Mechanism Lithium battery Storage Space 4000 transactions PHYSICAL AND ENVIRONMENTAL Dimensions 41" X T' X T' (HWD) Mounting Self- sustaining Operating Position Vertical Operating Temperature -51 to 49 C Storage Temperature -55 to 70 C Storage Relative Humidity 0 to 100 % Operating Relative Humidity 0 to 95 % (non - condensing) Cabinet & Chassis 1/8" aluminum with anodized finish FUNCTIONAL ELEMENTS Electronics All solid state, single board Display 40 character alphanumeric LCD with backlight Keypad 16 position sealed membrane Key Reader TRAK key reader Memory Key Smart Key (EEProm semiconductor element in molded plastic holder.) Key Life 1,000,000 read /write cycles Temperature Control Thermostat controlled, internal heater Fully Automated Operation Software only modification FS- 90/041294 SYSTEM DESCRIPTION Trak Engineering manufactures a computerized Fuel Management System which can accomplish the goal of controlling, accounting, and securing fueling services at fueling facilities on a 24 hours per day, 7 days a week basis. Trak offers both a mad/write key activated system and a fully automated (no keys, no user input) system. The only additional equipment required for a fully automated system (hands o>T) is the vehicle unit and the fuel hose pickup device, all other components of the system are the same. The key and fully automated systems can work simultaneously, All vehicles do not require a vehicle unit to fuel, they can be issued a read/wnte key. A technical description of the Trak system and equipment follows, along with a description of the software and its features The Trak system consists of the following components which will be explained in detail below. Common srwem components: Fuel Sentry (island controller including fuel hose interface) Central Controller with Fuel Management Software Fiber optic installation Fully Automated corrrp near: Vehicle Monitor Unit (VMU) Nozzle Pickup (NP) VMU Programmer Reod4*ire Key romponenrs: Memory Key Key Encoder The Fuel Sentry The Fuel Sentn is an island mounted cabinet containing a microcomputer, pump control interfaces. power supply, communication electronics, heaters• and various other elements used to provide a single control point for the fuel island. The Fuel Sentry uses no separate •controller unit' at the fueling location — it contains sufficient memory and computer intelligence to carry out all island functions. Other aspects of the Fuel Sentry, while not necessarily unique, are critical to its function. Some samples are: A Backlit. Liquid Crystal Disolav - There are many other display technologies available, but only LCD can be seen in strong. direct sunlight. To insure it remains visible at night, we include a back - lighting panel. The display presents messages in readable English. High Contrast Membrane Keypad - The keypad on the Sentry will last for many years and can withstand abuse both from the users and the environment. It has no moving parts, so it is unaffected by dirt or windblown sand. The Trak keypad is not lighted Heaters - Several heaters within the Sentry cabinet keep the electronics at the proper temperature for year-round operation. Ouick- Disconnect Components - All of the main components, including the electronics board, the key reader• and the barrier are held in place using quick-disconnect technology. These parts have been designed to be user changeable in seconds — without tools or special training. The Fuel Sentry: Operates up to eight loses simultaneously. Authorizes dispensers of the proper fuel type for each vehicle. Has separate timings for Pump Turn Out and Pump Turn Off, both programmable from 1 to 98 seconds. By: TRAK Engineering, Inc. Model 100 Description Page 2 9 • Accepts inventory entries for the recording of fuel deliveries, tank dippings, and hose mcter readings. Transmission to the Central Controller is performed during polling. • Can deliver special messages and automatic PM messages to individual vehicles — or it can lock out vehicles from fueling privileges. (For keyed systems only.) • Has a priority system which allows the operator to lock cut large groups of vehicles easily if rationing becomes necessary. • Communicates to the Central Controller for the polling of transactions, updating of operational values and general diagnostics. • Has internal checking functions for memory and communications testing. The Fuel Sentry it absolutely invulnerable to power outages and can maintain its data for over 30 days without external power. All storage is in battery hacked CMOS RAM that is relay isolated from the main system power. The Fuel Sentry comes equipped with a built in surge protector which protects the Sentry from surges and spikes that occur on the power line. Since the Sentry uses fiber optics as described above, no surge can affect the unit from any other means. The Central Controller with Fuel Management Software Although the Fuel Sentry can carry out the entire fueling procedure on the fuel island by itself, it dews not constitute an entire system. A Central Controller is required to poll, store, and organize the data gathered by the Fuel Sentry. It also provides the interface between the system operator and all of the Fuel Sentrys — as well as the communication path to other computers. The Trak system can utilize any existing MS -DOS microcomputer for the system's Central Controller computer, For optimum performance, Trak recommends the following configuration: MS -DOS Microcomputer with 9O496sx microprocessor rated at 75MHz: SMb DRAM; 3.5. 1.44Mb floppy disk drives; 200Mb Hard disk; One parallel porthwo serial ports; 101 -key enhanced keyitoard; Real -time clock/calendar, 145 -watt power supply, Color VGA Monitor, 160cps Dot Matrix Printer The Trak Fuel Management Software (FMS) is menu driven and almost entirely automated. It directs the operator through the few daily functions — with polling and reports available on a scheduled (unattended) basis. The FMS manages all of the database functions or the system, including the storing of transaction, inventory, vehicle and personnel information. All data is maintained in flat ASCII files which are accessible to other programs. All files --both data and control — can be easily edited through the program. Custom reports can be designed for each user, with latitude in the order of sorting and the range of sites, dates, vehicles and other variables. The Trak system does not require full time use of the microcomputer. The Trak system comes stapdard with many preset reports. Users can create additional report parameters or use a third patty report generator for ad hoc reporting A partial fining of reports is given. Reports by location: Transaction Ilstln¢s: PREVIOUS DAY SENTRY REPORT DATE/TIME CURRENT PERIOD SENTRY REPORT DEPARTMENT/VEIi1CLE SENTRY USE SUMMARY REPORT PERSONNEL/DATE/TIME SENTRY REPORT IN VEHICLE ORDER VEHiCLEIDATE/TIME- Reports by vehicle: VEHICLE FUEL USE REPORT VEHICLE ACTIVITY REPORT VEHICLE PERFORMANCE REPORT SENTRY LIST Auxiliary ListinM: DEPARTMENT LIST VEHICLE/PERSONNEL LIST KEY INFORMATION LIST Inventory reports: INVENTORY REPORT TANK USE REPORT PUMP & METER REPORT PUMP LISTITANK LIST MPG REPORT By: TRAK Engineering. Inc. Model 100 Orscriplim Page 3 n Fiber Optic Installation E Unique to the Fuel Sentry is the ability to use fiber optics for control. The importance of the use of fiber optics can not be overstated. The fueling island presents an extremely harsh environment to a computer. The use of large pumping motors, which are constantly being turned on and off, along with the presence of power equipment in nearby shops, generates powerful electromagnetic pulses which can diuupi the operation of a computer. lightning can also be a powerful disruptive fora in the outdoor environment. Ordinary wires act as arneny to channel these strong signals directly into a computer device — resulting in erratic behavior and equipment failure. Fiber optic cables, which transmit only light, protect the Fuel Sentry from these problems. Fully Automated System Description Fetch vehicle is equipped with a VMU(Vehicle Monitor Unit) and is automatically identified before fueling begins. The VMU is capable of automatic transmission of odometer readings, vehicle ID, fuel type and limit, engine hours (optional), and system ID. Of critical importance to fled operators are minimization of operator input, minimization of time required for such input, and amuacy of input. Automatic identification is a method by which the vehicle will be able to identify itself to the fuel system when it pulls up to the fueling island with no operator input. This is accomplished via the VMU which is a small on -board computer that scores the above data and relays it to the Fuel Sentry while the vehicle is fueling. In operation, the vehicle palls up to the dispenser. When the operator inserts the fuel nozzle into the fill pipe of the vehicle, the VMU relays the vehicle's stored information to the Sentry. The Sentry validates the vehicle ID cumber and the fuel type of the inserted hose. If the information is valid, the fuel hose is activated and the data is recorded. Wben fueling is complete, the nozzle is removed from the vehicle which terminates the transaction. The Sentry disables the dispenser, making it available for another vehicle. Because the Sentry is in place and can accept data via the keypad or key reader, not all vehicles are required to be equipped to use the fully- automated procedure. Also, nonfunctional VMU's can be bypassed by manually entering the data. The Vehicle Monitor Unit (VMU) The VMU is mounted on each vehicle and maintains information concerning that specific vehicle. It stores the vehicle ID, current odometer reading, Cud type and limit, system ID, and engine hours (optional). If contains an EEPROM circuit which stores all the data in non- volatile memory. The VMU prohibits fueling while the vehicles ignition switch is on. Optionally, the VMU can ignore reverse mileage, deduct reverse mileage from current mileage or add reverse mileage to current mileage. Trak has both portable and stationary VMU programmers available. The Nozzle Pickup (NP) The NP is a device that attaches to the fuel nozzle and acts as an interface between the VMU and the dispenser. The NP is it wireless device that eliminates the costly and troublesome wire that tuns down or through the hoses in other systems. When the nozzle is placed into the vehicle, the NP senses the VMU data and transmits that data to the dispenser receiver. The dispenser in turn ands the data to the Sentry which then authorizes the dispenser. The NP installs in only minutes, can be replaced in only a minute, doesn't interfere with hose swivels, vmWt interfere with any hose breakaways and doesn't require the user to purchase expensive special hoses. Key Activated System Description The Trak Key Activated System uses a mad/write memory key as its actuating device. 11 is a solid stale device embedded in a durable plastic holder. The mad/write memory key can be placed on the same key chain as the ignition key for the vehicle — so it is always available and cannot be left behind at the fueling site. The read/write memory key has been designed for a life of five to ten years. Unlike a magnetic card, it does not require special handling, holders, jackets, pockets, or other protective accessories. The Trak read/wriic memory key has a life of 1,000,000 mad/rtrite cycles. By- TRAK Engineering. Inc Model 100 Description Page 4 0 0 Unlike a magnetic card, it cannot be damagod by bending, folding, scratching, or tearing. It will not melt or warp if left in the sun and it will not crack or split if it gets cold. It also cannot be damaged or erased by magnetic fields or static electricity. it has been our experience, and the experience of many users of magnetic cards, that the cards cannot hold up in the kind of tough daily use typical in a fuel management system. Some of the data that is associated with each memory key is: • A unique 5 digit code ideutrfies each key in the system. Fach key can be individually enabled or disabled from the Central Controller. • A 10 digit alphanumeric field is used to identify the vehicle number. • Each of the keys is separately assigned permissible fuels. (Up to g types) • Each key can be assigned with a maArmun amount of fuel to be obtained in 24 hours from a site (up to 196 gallons). The maximum may be sd to an unlimited amount. • A unique 3 digit code is used to identify keys in the same system. • Odometer reading at time of last fueling. A key encoder driven by the Fuel Management Software is available. Only one key encoder per system is required. General Information Communications Although it is often a neglected part of an automated fueling system, Trak realizes that communications will play a major rule in determining the success or failure of the project. The following aspects of the Fuel Sentry design aid in the generation and maintenance of the fuel information network. Each Fuel Sentry is autonomous in operation. Our system is batch mode, not on -line. A disconnection has no immediate effect on the local users. Polling includes multiple retries of the fueling site if it should fail to poll on the first attempt. A report that is produced during polling indicates if the modem was reached and which Fuel Sentry failed to poll successfully. The Fuel Sentry does not craw polled data, even after it has been successfully retrieved. The data is maintained, and may be repolled, until the space it occupies in memory is needed for new transactions. This repolling provides a backup to data which might be lost at Use Central Controller. In addition, the Fuel Management Software is designed to weed out duplicate transactions during polling. so repolling may be done at any time without fear of corrupting the files. 3. Trak has created numerous programs for interfacing the Central Controller to external mainframe computers. The PC is an ideal platform for communications, siom so marry hardware and software options exist for it The Fuel Management Software, written and maintained by Trait (in the C language) can be modified to fit the needs of our customers. The willingness and flexibility to customize both the Fuel Sentry and the FMS programs is one of the stiengths of our company!. Installation Trak's system includes the installation of fiber optic control lines. These lines may be direct buried or placed in existing conduit, Where existing conduit is not available the fiber optic lines can be diced buried. Trak does not perform installation of the VMU. rainin Training will be provided on each installed system and on the Fuel Management Software. The software program has been designed to be very easy to use. Instruction cards will be provided to each user to familiarize them with the fueling procedure. If necessary. additional training courses can be arranged for at minimal cost. Sy. TRAK Engineering, Inc Model 100 Description Paac 5 u W o� N �E O C U ZQ N am T :D 2 N _ > 3 a C <; �� �IIIIillllilllll O dS fU 0 ow��lllllillll OOfs N O w J U LL 3 J LL Q a_ U Z � ��yy (N� '� K it Q 0 m -. �z M (�Ay W U ,n W f0N 04 a FIZ�� } °w~ � re a o Q r w Z y � O Zu CL O n 1 O 0 Z Q �� Y • Z W Q Q Z Q O > O N f 3 w Y uj u F W K J N U Q U V }T W LL N Z r CD N O L a � T Q 7 W p (9 O ca Y � w;c S Z a st?� ; n E • TO: Mayor and City Council FROM: General Services Director SUBJECT: Automated Fueling System Recommendation: 6 (3!?) City Council Agenda Item No. 17 April 27, 1998 27 Ai P iitlYLU Approve the attached agreement with Milligan and Sons Incorporated to install an automated fuel system at three City facilities at a cost of $48,247. Background: Included in the FY 97 -98 Capital Improvement Project Budget was $65,000 for the purchase and installation of an automated fuel system. Presently, when City employees fuel their equipment, they write the unit number, mileage, and amount of fuel onto a fuel ticket, which is later manually keyed into the fleet computer system. Operating departments are then charged for the fuel used on a monthly basis. Equipment Maintenance Division personnel enter approximately 125 fuel tickets into the system on a daily basis. Staff designed a fuel system which would require employees to enter only a unit number, mileage, and hose number on the fuel island. Following this action, the pump would be activated, and following it being shut off, the amount of fuel placed in the equipment would be electronically stored. This information would be automatically uploaded into the fleet computer system in batches on a daily basis. The system would have keypads at all five fuel islands (City Hall, Police Department, Fire Station No. 3, and two at the Corporation Yard). Discussion: The use of an automated fuel system was recommended by the consultant who assessed City fleet operations earlier as a means of reducing the administrative workload. In November, 1997, Department staff developed an RFP for the fuel system, which • was distributed to seven companies who manufacture such systems. The seven companies had been identified through a RFQ process that involved surveying all 4 6 other municipal automated fuel systems in the County. On December 3, 1997, three • contractor proposals were opened. The results were as follows: Milligan and Sons, Inc. Trak Engineering Fuel Sentry $48,247 E.J. Ward, Inc. Same $57,374 Multiforce Systems Corp. Multiforce Systems Fuelforce /PC $79,025 Staff performed an extensive reference check of Milligan and Sons, Inc., as well as the Trak system. Within the past year, Milligan and Sons replaced a fueling facility at the Automobile Club of Southern California's (ACSC) Costa Mesa facility, including new underground storage tanks and the installation of a Trak system. Department staff toured the facility, met with ACSC staff, who gave Milligan and Sons an excellent recommendation. Similar positive comments were given by the Cities of Ontario and Signal Hill, and the Colton Unified School District, Mr. Robert Milligan, President of Milligan and Sons, also met with the City MIS Manager and Telecommunications Supervisor to explain the communications requirements for connecting the fuel system to the City data network. Both have endorsed the proposed system. An agreement for the installation of the system is attached. It has been reviewed by the Assistant City Attorney. Following approval, the contractor will purchase the equipment and installation will commence within two weeks. The remaining balance in the account will be utilized to replace rusted and obsolete fuel dispensers under a separate contract. In summary, staff is recommending the installation of an automated fuel system which will save numerous manhours, provide accurate data, and ensure good management of fuel resources. Very respectfully, David E. Niederhaus DEN /mp Attachments: 1) Professional Services Agreement with Milligan and Sons, Inc. 2) Milligan and Sons, Inc. Proposal 40 L] PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of April, 1998, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and MILLIGAN & SONS, INC. whose address is P.O. Box 891076, Temecula, California, 92589 -1076, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement an automated fueling system at all fueling sites in City facilities ('Project'). C. City desires to engage Consultant to provide and install an automated fueling system capable of computing the quantity of fuel placed in equipment, and upload fuel and mileage data into the fleet management computer system, upon the terms and conditions contained in this Agreement. D. The principal member of Consultant, is for purpose of this Project, Robert W. Milligan, President. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and 11 desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of April, 1998, and shall terminate on the _ day of , 19_, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT 0 City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates, attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Forty -Eight Thousand, Two Hundred Forty -Seven Dollars ($48,247.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty • (30) days of receipt of invoice subject to the approval of City and based upon the N following payment schedule: 25% at signing of contract, 25% upon commencement of installation of the system, and the remainder following acceptance of the completed work. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with Exhibit "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's • supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will 3 0 0 perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to 0 19 0 0 exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Robert Milligan to be its Project Manager. . 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in the proposal. The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to'the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance • in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, and not later than the date upon which 5 0 0 performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and • federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of • any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, 6 work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the • term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size • Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: unless otherwise approved by the City Risk Manager. property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the • term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size • Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: unless otherwise approved by the City Risk Manager. 0 0 A. Worker's compensation insurance covering all employees and principals of is Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. • Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any . K 0 right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be • construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from . Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement 9 0 0 by City or persons other than Consultant is waived against Consultant and City assumes . full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. Access to, and upon request of Consultant, one copy of all existing record . information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Usable life of facilities criteria and information with regards to deficient facilities. 18. ADMINISTRATION This Agreement will be administered by the General Services Department. The General Services Director shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to • be rendered pursuant to this Agreement. 10 0 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records .during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the • additional design, construction and /or a restoration expense shall be borne by Consultant. 11 0 41 Nothing in this paragraph is intended to limit City's rights under any other sections of this + Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making decisions that will foreseeably financially affect such interest. 0 B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered 12 0 personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: General Services Director City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3055 (714) 650 -0747 (fax) All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Robert W. Milligan Milligan & Sons, Inc. P.O. Box 891076 Temecula, CA 92589 -1076 (909) 506 -2389 (909) 699 -1572 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the 0 Agreement forthwith by giving to the defaulting party written notice thereof. 13 0 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. • 14 r1 0 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless City Clerk F Acat \da \ag \p rofserv. doc 07 -14 -97 CITY OF NEWPORT BEACH A Municipal Corporation By: Thomas Edwards Mayor for the City of Newport Beach CONSULTANT 0 Robert Milligan President for Milligan and Sons Incorporated 15 0 A PROPOSAL to the CITY OF NEWPORT BEACH for a TRAK SENTRY V AUTOMATED FUELING SYSTEM is by MILLIGAN & Sons, Inc. Temecula, California December 3, 1997 • 0 0 CONTENTS Specific responses to the Newport RFP Background & Approach Methodology Work Plan Contract Organization and Staffing Related Experience Contract Schedule Statement of Compliance Other Information Employment Provision Insurance Coverage Guarantees Cost Data Trak Technical Specifications Schematic Photos lJ 0 • 0 0 0 Background & Approach MSI personnel have visited the Newport fueling sites on several occasions. We believe we fully understand what needs to be done to implement a fully operational automated fueling system. Our usual approach is to first establish a good working relationship with the designated individuals in the user organization, then gather vital planning information, such as which sites should be completed first, etc. We also try to plan around the fleet's slow and busy times, so as to minimize the impact on their operations during installation and start -up. Methodology Our usual method of accomplishing a system installation and start up is as follows: 1. Make a detailed inspection of all existing equipment and facilities. 2. Place orders with our suppliers for all required equipment. 3. Coordinate with the user to insure that any necessary facilities such as telephone lines are ordered in a timely manner to avoid delaying system start up. 4. Install and check all items of equipment prior to "cut- over ", so that fueling is interrupted as little as possible. 5. Keep user personnel informed as each phase is completed. Work Plan 1. Install Sentry V pedestals in optimum position on each island. 2. Install pump control modules in dispenser junction boxes. 3. Install pulser modules on dispenser registers.. 4. Run Fiber Optic conductors as needed. 5. Connect comm. cable at local sites and Modems at remote sites. 6. Load software in City's Central Controller. 7. Run test on all elements of the system. 8. Set system on "By- pass" pending City's approval to cut over. 9. Conduct classes for City personnel as needed. Please be aware that MSI always places safety as our top priority on every project and in all phases of our work. Our people either use the right tool and the correct procedure or the job comes to a halt until the deficiency is • corrected. 1. Contract Organization and Staffing • MILLIGAN Er Sons, Inc. TRAK Engineering Bob Milligan John Blyth President Er Chief Engineer President Connie Mach I Gary Mac Penny Rentz Hogar Tate Office Manager lope rations Manager Field 5ervice Manager Chief Engineer LIASON ,, Ron Taylor Field Technician Contract Director & Key Contact - Bob Milligan - (909) 506 -2389 - FAX 699 -1572 Field Operations Manager - Gary Mach " Office Manager - Connie Mach " Manufacturer - TRAK Engineering - (904) 878 -4585 - FAX (904) 656 -8265 President - John Blyth " Chief Engineer - Hogar Tate " Field Service Manager - Penny Rentz West Coast Field Service Tech. - Ron Taylor - (805) 823 -9148 Vice President, Sales - Chuck Reinhardt - (410) 635 -6522 - FAX (410) 635 -6728 West Coast Sales Manager - Pete Smith - (916) 346 -7662 - FAX (916) 346 -8451 Education & Experience Bob Milligan - Aeronautical Engineer, Cal Poly, San Luis Obispo. 25 years industrial systems sales and installation. Formerly National Sales Manager, Engineered Systems, Inc., Tempe, Arizona. Gary Mach - Former technician, TRW Corp. Qualified to engineer electro- mechanical installations on flight and non - flight hardware. Has installed numerous TRAK systems. Connie Mach - 12 years experience office management. Small business owner. John Blyth - Founder, TRAK Engineering in 1981. Hogar Tate - Graduate Electrical Engineer • 2. 0 0 0 Related Experience 1. City of Ontario, California - This contract was awarded to MSI in March, 1997. The scope of work was the installation of a TRAK fully automated fuel management system on six islands and the oversight of the installation of 350 Vehicle Monitor Units on a portion of the City's fleet. This system dispenses motor oil and hydraulic fluid as well as motor fuels. Ontario has plans to expand the fuel management system to include a new police department fuel island and certain fire stations in 1998. MSI expects to be awarded this follow -on contract. Contact: Jerry Hodgson Occupational Health & Safety Officer. Tel. (909) 986 -1151, ext. 4327 2. City of Signal Hill, California. - MSI installed a single island fuel management system at Signal Hill during the summer of 1997. This system is quite straightforward but is interesting in that the TRAK system also controls a motor - operated gate at the yard entrance. Contact: Jose Solis -Fleet Services Supervisor Tel. 310 - 989 -7256 3. Los Angeles Unified School District - MSI has installed TRAK fuel management systems at two of LAUSD's seven sites. An eighth site is scheduled for 1998. Contact: Larry Turgeon Tel. 213 - 743 -3649 4. Colton Joint Unified School District - The fueling facility at this school bus fleet was automated with a TRAK fuel management system by MSI in 1996. The district plans to upgrade the system to fully automated operation early in 1998. Contact: Rick Feinstein, Maintenance Director Tel. (909) 876 -4110 5. Automobile Club of Southern California, Costa Mesa - MSI was awarded a major contract to completely replace the Auto Club's fuel facility , late in 1996. The scope of work included new underground tanks, a new island, dispensers and a TRAK fuel management system. • Contact: James M. Hurst, Contract Administrator Tel. (714) 437 -0065L ct�S 3. 1] 0 6. San Diego Gas & Electric Co. - In the fall of 1997, MSI was selected to supply and install a very large TRAK fuel management system for SDG &E at seven fixed sites thru out San Diego County and on four mobile tanker trucks. This is a fully automated system which will ultimately cover 1,900 vehicles. System start -up is planned for early 1998. Contact, Chuck French - Project Coordinator Tel. (619) 653 -3105 Contract Schedule 1. Placement of orders with suppliers - 1 week. 2. Manufacture and delivery of equipment to jobsite - 4 weeks. 3. Installation and start -up - 2 weeks. Cost Data (Please see page 6. of this proposal) Statement of Compliance This proposal is in strict compliance with the Request for Proposal extent for the following items: 1. RFP page 8., item J., second paragraph states the actual cost of all materials passed on to the City shall be wholesale cost of the material. This is not a requirement with which the offerer is familiar. 2. The ordering and installation of telephone lines at all sites must be the responsibility of the City. This is customary. These exceptions should have no impact on contract costs, scheduling or other considerations. Other Information We have no other information to offer at this time, except to comment that this RFP is quite thorough and we believe it will insure a successful and timely completion of this project as a result of it's comprehensiveness. • 4. 0 0 0 E Employment Provision 0 MSI does not discriminate on any basis in the hiring of persons or subcontractors. We believe this project will not require the hiring of persons outside MSI nor any subcontractors. Schematic (Please see schematic following page 6. of this proposal.) Insurance Coverage The insurance coverage provision of the RFP is acceptable. Guarantees The Guarantees provision of the RFP is acceptable. 5. • • Cost Data TOTAL COST FOR THE PURCHASE AND INSTALLATION OF AN AUTOMATED FUELING SYSTEM: PER MONTH (EST) COST FOR A LEASE PROGRAM - TOTAL FUEL MANAGEMENT: TOTAL (EST.) COST FOR PURCHASE OF NEW DISPENSERS (Above prices include applicable taxes.) $ 48,247.00 $ 3,387.00" $ 25,212.00 Lease program includes unlimited on -site repair and maintenance of entire system for as long as lease remains in effect. Program also includes the furnishing and installation of any and all hardware and software upgrades as may be released by the manufacturer during the term of the lease. (Upgrade to fully automated operation is at additional cost. See below.) We suggest that the details of any lease/ maintenance agreement be negotiated between MSI and the City of Newport Beach. The Trak Sentry V Fuel Management System as offered in this proposal may be upgraded to fully automated operation as described in Newport's RFP on pages 19 & 20 under the heading FUTURE UPGRADES. For budgetary purposes, the City may be interested in knowing that this upgrade can be accomplished at any time in the future for approximately $1,500 per Island Monitor Device plus $1,000 per hose plus $85.00 per vehicle. There are no additional software charges associated with this upgrade. The training of customer personnel in the installation of the Vehicle Monitor units is at no extra cost. This Price Quotation is valid thru June 3, 1998. W,,ailligan - President Box 891076 - Temecula, CA 92589 -1076 (909) 506 -2389 - FAX (909) 699 -1572 December 3, 1997 (Fins proposal is proprietary to Milligan & Sons, Inc. and is intended for use by the customer only.) 6. 0 • • FUEL SENTRY V - TECHNICAL SPECIFICATIONS • PERFORMANCE: Controlled Hoses Operation Time -outs Memory Storage Time Definition Expected Life MTBF MTTR Users ELECTRICAL Supply Voltage Supply Current Power Consumption Interconnect Signal Lines COMPUTER Processor Operating Frequency Internal RAM Memory Internal ROM Memory Communications Rate Storage Mechanism Storage Space PHYSICAL AND ENVIRONMENTAL Dimensions Mounting Operating Position Operating Temperature Storage Temperature Storage Relative Humidity Operating Relative Humidity Cabinet & Chassis FUNCTIONAL ELEMENTS Electronics Display Keypad Key Reader Memory Key Key Life Temperature Control • Fully Automated Operation Model 100 - 8 Continuous, with simultaneous pumping from all hoses 1 to 99 seconds, selectable 365 Days (Minimum without power) 1/10 gallon or quart 18 years 12,000 hours 15 minutes 65,000 115 VAC 400 ma maximum, 100 nominal 50 watts max., 10 watts nominal Direct wire Fiber optic 800535 11.05 MHZ 640k bytes 32k bytes 300/120012400 baud Lithium battery 4000 transactions 41 "XT'XT' (HWD) Self- sustaining Vertical -51 to 49 C -55 to 70 C 0to100% 0 to 95 % (non- condensing) 1 /8" aluminum with anodized finish All solid state, single board 40 character alphanumeric LCD with backlight 16 position sealed membrane TRAK key reader Smart Key (EEProm semiconductor element in molded plastic holder.) 1,000,000 read /write cycles Thermostat controlled, internal heater Software only modification FS- 90/041294 Ll 0 SYSTEM DESCRFPTIO�' Trak Engineering manufactures a computerized Fuel Management System which can accomplish the goal or controlling, accounting, and securing fueling services at fueling facilities on a 24 hours per day, 7 days a week basis. Trak offers both a readlwrilc key activated system and a fully automated (no keys, no user inpuO system. The only additional equipment required for a fully automated system (hands off) is the vchiclt unit and the fuel hose pickup device, all other components of the system are the same. The key and fully automated systems can work simultaneously. All vehicles do not require a vehicle unit to fuel, they ran be issued a readtwnte key. A technical description of the Trak system and equipment follows, along with a description of the software and its features The Trak system consists of the following components which will be explained in detail below. Common st'srem components: Fuel Sentry (island controller including fuel hose interface) Central Controller with Fuel Management Software Filer optic installation Fully Aufamared rnnrrwnentw vehicle Monitor Unit (VMU) NovJe Pickup (NP) VMU Programmer Read/Wrxte Kee romnonenrs: Memory Key Key Encoder The Fuel Sentry . The Fuel Sentry, is an island mounted cabinet containing a microcomputer, pump control interfaces, power supply, communication electronics, heaters, and various other elements used to provide a single control point for the fuel island. The Fuel Sentry uses no separate 'controller unit' al the fueling location — it contains sufficient memory and computer intelligence to carry out all island functions. Other aspects of the Fuel Sentry, while not necessarily unique, are critical to its function. Some samples arc: A Backlit. Liquid Crvstal Display - There are many other display technologies available, but only LCD can be seen in strong, direct sunlight. To insure it remains visibic at night, we include a back - lighting panel. The display presents messages in readable English. High Contrast Membrane Keypad - The keypad on the Sentry will last for many years and can withstand abuse both from the users and the environment It has no moving parts, so it is unaffected by dirt or windblown sand. The Trak keypad is not lighted Htatcrs - Several heaters within the Sentry cabinet keep the electronics at the proper temperature for year -round operation. Quick- Disconnect Components - All of the main components, including the electronics board, the key reader, and the barrier are held in place ruing quick-disconnect technology. These parts have been designed to be user changeable in acoonds — without toots or special training. The Fuel Sentry: Operates up to eight hoses simultaneously. Authorizes dispensers of the proper fuel type for each vehicle. Has separate timings for Pump Turn On and Pump Turn 06, both programmable from 1 to 98 seconds. By: TRAK Engineering, Inc. Model 100 Description Pane 2 • 0 0 • • Accepts inventory entries for the recording of fuel deliveries, tank dippings, and base meter readings. Transmission to the Central Controller is performed during polling. • Can deliver special messages and automatic PM messages to individual vehicles — or it can lock out vehicles from fueling privileges. (For keyed systems only.) • Has a priority system which allows the operator to lock our large groups of vehicles easily if rationing becomes necessary. • Communicates to the Central Controller for the polling of transactions, updating of operational values and general diagnostics. • Has internal checking functions for memory and communications testing. The Fuel Sentry• is absolutely imolnerable to power outages and can maintain its data for aver 30 days without external power. All storage is in batten backed CMOS RAM that is relay isolated from the main system power. The Fuel Sentry comes equipped with a built in surge protector which protects the Sentry from surges and spikes that occur on the power line. Since the Sentry uses fiber optics as described above, no surge can affect the unit from any other means. The Central Contmitcr with Fuel Management Software Although the Fuel Sentry can carry out the entire fueling procedure on the fuel island by itself, it does not constitute an entire system. A Central Controller is required to poll, store, and organize the data gathered by the Fuel Sentry. It also provides the interface between the system operator and all of the Fuel Sentrys -- as well as the communication path to other computers. The Trak system can utilize any existing MS -DOS microcomputer for the system's Central Controller computer. For optimum performance, Trak recommends the following configuration: MS -DOS Microcomputer with 80486sx microprocessor rated at 75MH7; 8Mb DRAM; 3.5' 1.44Mb floppy disk drives; 200Mb Hard disk; One parallel port/two serial ports; 101 -key enhanced keyboard; Rcal -time clock/calendar, 145 -was power supply; Color VGA Monitor; 160cps Dot Matrix Printer The Trak Fuel Management Software (FMS) is menu driven and almost entirety automated. It directs the operator through the few daily functions — with polling and reports available on a scheduled ( unattended) basis. The FMS manages all of the database functions of the system, including the storing of transaction, inventory, vehicle and personnel information. All data is maintained in flat ASS tiles which are accessible to other programs. All files —both data and control —can be easily edited through the program. Custom reports can be designed for each user, with latitude in the order of sorting and the range of sites, dales, vehicles and other variables. The Trak system does not require full time use of the microcomputer. The Trak system comes standard with many preset reports. Users can curate additional report parameters or use a third party report generator for ad hoc reporting. A partial listing of reports is given. Reports by location: Transaction Ilstinga: PREVIOUS DAY SENTRY REPORT DATEMME CURRENT PERIOD SENTRY REPORT DEPARTMENT/VEHICLE SENTRY USE SUMMARY REPORT PERSONNEUDATEICIME SENTRY REPORT IN VEHICLE ORDER VEHICLE/DATEITIME Reports by vehicle: Auxiliary Listings: VEHICLE FUEL USE REPORT DEPARTMENT LIST VEHICLE ACTIVITY REPORT VEHICLE/PERSONNEL LIST VEHICLE PERFORMANCE REPORT KEY INFORMATION LIST SENTRY LIST Inventory reports: INVENTORY REPORT TANK USE REPORT PUMP & METER REPORT PUMP LIST/TANK LIST MPG REPORT Or TRAK Engineering, Inc. Model 100 Description Page 3 0 ! Fiber Optic Installation • Unique to the Fuel Sentry is the ability to use fiber optics for control. The importance of the use of fiber optics can not be overstated. The fueling island presents an extrmnely harsh environment to a computer. The use of large pumping motors, which are oonstantiy being turned on and of, along with the presence of power equipment in nearby shops, generates powerful electromagnetic pulses which can disrupt the operation of a computer. lightning can also be a powerful disruptive fora in the outdoor environment. Ordinary wires act as antennas to channel these strong signals directly into a computer device — resulting in erratic behavior and equipment failure. Fiber optic cables, which transmit only Light, protect the Fuel Sentry from these problems. Fully Automated System Description Fach vehicle is equipped with a VMU(Vehlcle Monitor Unit) and is automatically identified before fueling begins. The VMU is capable of automatic transmission of odometer readings, vehicle ID, fuel type and limit, engine hours (optional), and system M. Of critical importance to flat operators are minimization of operator input, minimization of time required for such input, and accuracy of input. Automatic identification is a method by which the vehicle Mill be able to identify itself to the fuel system when it pulls up to the fueling island with no operator input. This is accomplished via the VW which is a small on -board computer that stores the above data and relays it to the Fuel Sentry while the vehicle is fueling. In operation, the vehicle pulls up to the dispenser. When the operator inserts the fuel nozzle into the fill pipe of the vehicle, the VMU relays the vehicle's stored information to the Sentry. The Sentry validates the vehicle iD number and the fuel type of the inserted hose. If the information is valid, the fuel hose is activated and the data is recorded. When fueling is complete, the nozzle is removed from the vehicle which terminates the transaction The Sentry disables the dispenser, making it available for another vehicle. Because the Sentry is in place and can accept data via the keypad or key reader, not all vehicles are required to be equipped to use the fully- automated procedure. Also, nonfunctional VMU's can be bypassed by manually entering the data. The Vehicle Monitor Unit (VMU) The VMU is mounted on each vehicle and maintains information concerning that specific vehicle. It stores the vehicle ID, current odometer reading, fuel type and limit, system ID, and engine hours (op(ional). If contains an EEPROM circuit which stores all the data in non- volatile memory. The VMU prohibits fueling while the vehicles ignition switch is on. Optionally, the VMU can ignore reverse mileage, deduct reverse mileage from current mileage or add reverse mileage to current mileage. Trak has both portable and stationary VMU programmers available The Nozzle Pickup (NP) The NP is a device that attaches to the fuel nozzle and acts as an interface between the VMU and the dispenser. The NP is a wireless device that eliminates the costly and troublesome wire that runs down or through the hoses in other systems. When the nozzle is placed into the vehicle, the NP senses the VMU data and transmits that data to the dispenser receiver. The dispenser in turn sends the data to the Sentry which then authorizes the dispenser. The NP installs in only minutes, can be replaced in only a minute, doesn't interfere with hose swivels, won't interfere with any hose breakaways and doesn't require the user to purchase expensive special bases. Key Activated System Description The Trak Key Activated System uses a read/write memory key as its actuating device. It is a solid state device embedded in a durable plastic holder. The rcadfwrile memory key can be placed on the same key chain as the ignition key for the vehicle — so it is always available and cannot be left behind at the fueling site. The read/writc memory key has been designed for a life of five to ten wars. Unlike a magnetic card, it does not require special handling_ holders, jackets, pockets, or other protective accessories. The Trak read/writc memory key has a life of 1,00O,O00 read/writc cycles. Br. TRAK Engineering, Inc Model 100 Descriptlon Page 4 0 • • Onlike a magnetic card. it cannot be damaged by bending, folding, scratching, or tearing. It will not [Welt or warp if left in the sun and it will not crack or split if it gets cold. It also cannot be damaged or erased by magnetic fields or static electricity. It has been our experience, and the experience of marry users of magnetic cards, that the cards cams hold up in the kind of tough daily use typical in a fuel management system. Some of the data that is associated with each memory key is: • A unique 5 digit code identifies each key in the system. Each key can be individually enabled or disabled from the Central Controller. • A 10 digit alphanumeric field is used to identify the vehicle number. • Each of the keys is separately assigned permissible fuels. (Up to 8 types) Each key can be assigned with a maximum amount of fuel to be obtained in 24 hours from a site (up to 196 gallons). The maximum may be so to an unlimited anoum. • A unique 3 digit code is used to identify keys in the same system. • Odometer reading at time of last fueling. A key encoder driven by the Fuel Management Scdli4mre is available. Only one key encoder per system is required. General Information Communications Although it is often a neglected pan of an automated fueling system, Trak realizes that communications will play a major role in determining the success or failure of the project. The following aspects of the Fuel Sentry design aid in the generation and maintenance of the fuel information network. 1. lath Fuel Sentry is autonomous in operation. Our system is hatch mode, not on -line. A disconnection has no immediate effect on the local users. 2. Polling includes multiple retries of the fueling site if it should fail to poll on the first attempt. A report that is produced during polling indicates if the modem was reached and which Fuel Sentry failed to poll successfully. The Fuel Sentry does not crass polled data, even after it has been successfully retrieved. The data is maintained, and may be repelled, until the space it occupies in memory is needed for new transactions. This repolling provides a backup to data which might be lost at the Central Controller. In addition, the Fuel Management Software is designed to weed out duplicate transactions during polling, so repelling may be done at any time without fear of corrupting the files. 3. Trak has created numerous programs for interfacing the Central Controller to external mainframe computers. The PC is an ideal platform for communications, since so many hardware and software options exist for it. The Fuel Management Software, written and maintained by Trak (in the C language) can be modified to fit the needs of our customers. The willingness and flexibility to customiu 4Mh the Fuel Sentry and the FMS programs is one of the strengths of our company. Installation Trak's system includes the installation of fiber optic control lines. These lines may be direct buried or placed in existing conduit. Where existing conduit is not available the fiber optic lines can be direct buried. Trak does not perform installation of the VMU. rainin Training will be provided on each installed system and on the Fuel Management Software. The software program has been designed to be very easy to use. Instruction cards will be provided to each user to familiarize them with the fueling procedure. If necessary. additional training courses can be arranged for at minimal cost. eTRAK Engineering, Inc Model 100 Description page 5 0 a 0 E co 0 CL (M u 0 V) CL 00 x�yl "= s o j LL r��������������� z '00 0 w > < CD Z 0 Z 0 o (030) LL *�z A20: ra Lu UL V) 0 ...... . .... 04 ZjXT 2 M u z zu- L) z ci u 0 cd z 0 >1 V) 31, Z LL M Of 0 ED < 0 rs E L) UJ < :3 U) < w 0 m C) 0 0 • 0