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HomeMy WebLinkAboutC-4416 - PSA for On-Call Scada Programming Software ServicesS PROFESSIONAL SERVICES AGREEMENT WITH AES GLOBAL, INC. FOR ON -CALL SCADA PROGRAMMING SOFTWARE SERVICES THIS AGREEMENT is made and entered into as of this 1'� day of December, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and AES GLOBAL, INC. a California corporation whose address is 950 N. Tustin, Suite 100, Anaheim, California 92807 ( "Consultant "), and 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 has a need for on -call assistance to provide programming support for the City's SCADA System, (Project). C. City desires to engage Consultant to provide on -call programming support for Supervisory Control & Data Acquisition ( SCADA) system devices including Human Machine Interface (HMI), Programmable Logic Controllers (PLC), and Remote Terminal Units (RTU's) and panel mounts. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Alex Martinez. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 above written date, and shall terminate on the 30`" day of November, 2010, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call" programming support services for the City's SCADA system as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, Consultant shall provide a letter proposal for services requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall include the following: A. A detailed description of the services to be provided; B. The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the services; and D. The time needed to finish the specific project. No services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays 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. 3.1 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 that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 2 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit "B" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Any Letter Proposal that sets forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a separate Professional Service Agreement approved by per Council Policy F -14. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and/or classification of employee who performed the work, a brief description of the services performed and/or the specific task in the letter proposal to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. 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. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would be ig necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate 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 Agreement term. Consultant has designated Alex Martinez to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. George Murdoch shall be the Project Administrator and shall have the authority to 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. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 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 perform all services in a manner 4 commensurate with 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any 5 action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or 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 approval for 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 means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping 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. 14. INSURANCE Without limiting Consultant's indemnification of City, and Prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during r. the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. 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's Risk Manager, D. Coverage Requirements, 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed 7 E. under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 2. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. The insurance provided by this voided, canceled, or reduced it party except after thirty (30) c written notice of non - payment of received by City. policy shall not be suspended, coverage or in limits, by either alendar days (10 calendar days premium) written notice has been L'' F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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. 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. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. 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 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. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to 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 regular 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 return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 22. CONFLICTS OF INTEREST 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 any financial interest that may foreseeably be materially 10 ` *3 24. 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. 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. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be when delivered personally, or on the third business day after th e in the United States mail, postage prepaid, first -class mail hereinafter provided. All notices, demands, requests or Consultant to City shall be addressed to City at: George Murdoch Utilities Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949-644 -3011 Fax: 949 -546 -5204 deemed served deposit thereof addressed as approvals from All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Alex Martinez AES Global, Inc. 950 N. Tustin Ave. Suite 100 Anaheim, CA 92807 Phone: 714 -783 -7334 Fax: 714 -783 -7411 TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 11 Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 25. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 26. 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. 27. 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. 28. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 12 30. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 31. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 32. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 33. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF CITY ATTORNEY: By: My tte D. eaucha , Assistant City Attorney ATTEST: B �I By: - &W r,-- Leilani Brown, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By eo ge Wrdoch, Utilities Director CONSULTANT: AES GLOBAL, 1, C. (Corporat Officer) Title: President/CEO Print Name: inancialfOlfificer) Title: %R�'A,tu,ee.e Print Name: L. Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates i, �R uAu GLOBAL; INC. SOLUTIONS PROVIDER Company Skills DATE: 10/19/09 650N. Tustin Ave., Suite 100 Anaheim. CA 92807 1 Phorre: 714.783.7334 I Fax: 714.783.7411 I wwwAesglohal.00m AB GLOBAL, INC. Introduction AES Global, Inc. is a System Integration/Engineering firm specializing in SCADA systems, HMI, BTU's, PLC's, and wireless communications for security and monitoring systems in the Water/Wastewater, Oil, and gas industries. 950 N Tustin Ave.. Suite 100, Anaheim, CA 928071 Phone: 714.783.7334 1 Paz: 714.783.7411 1 www.aesglobal.com AB GLOBAL, INC. %URWWt Project Team Qualifications Joe Bingham — President/CEO Zaw Aung — Senior Project Engineer • Three years experience with AES Global, Inc. • Masters of Science, Electrical Engineering California State University, Los Angeles • Bachelor of Science, Electrical Engineering California State Polytechnic University at Pomona • Engineering -in- Training Certified, February 2008 California Board for Professional Engineers and Land Surveyors llham Buharie — Project Engineer • Two years experience with AES Global, Inc. • Bachelor of Science, Electrical Engineering California State Polytechnic University at Pomona • Engineering -in- Training Certified, February 2008 California Board for Professional Engineers and Land Surveyors Justin Eash — Project Engineer • Two and a half years experience with AES Global, Inc. • Bachelor of Science Degree in Electronics and Computer Engineering Technology California State University, Long Beach 950 N. Tustin Ave., Suite 100. Anaheim. CA 92807 1 Phone: 714.783.7334 1 Fax: 714783.74111 www.aesglobal.con) _7`i-B GLOBAL, INC. Y"Torn%%uTMSrxwmrn Andrew Moseley — Project Engineer • Two years experience with AES Global, Inc. • Bachelor of Science Degree in Electronics Engineering Technology California State University, Long Beach Everlino Ramos — Project Engineer • One year experience with AES Global, Inc. • Bachelor of Science, Computer Engineering California State Polytechnic University at Pomona • Engineering -in- Training Certified, April 2009 California Board for Professional Engineers and Land Surveyors 950 N Tustin Ave., Suite 100, Anaheim. CA 92807 ! Phone: 714.783.73341 Fax: 714.7817411 1 www.aesglobal.com GLOBAL, INC. Y"MTV.SOMMPRMW Project Team Relevant Experience AES has worked with SCADA & security systems for both municipal and industrial clients. We have worked for the cities of Lomita, La Palma, Los Angeles and Apple Valley; and our industrial clients include Chemoil Corporation and Renewable Energy Products. We have designed new systems from the ground up and have also upgraded existing systems. We currently maintain several of our clients' systems. Joe Bingham, President of AES Global, Inc. belongs to the committee of ISA 101, a standard for HMIs and sub - chairing for ISA 18.2, a standard for alarms and annunciation. Joe Bingham has been instrumental in the development and advancement of DAS/RTU systems and holds a patent for DAS/RTU systems. Joe Bingham: Halliburton: • Five years experience as a Field Engineer • Responsible for the engineering and design of Distributed Control Systems (DCS) in refineries and chemical plants, • Interconnected the DCS with Motor Control Centers (MCC) and large scale power systems. Sempra Energy: • Ten years experience as Senior Software Engineer • Responsible for operations of nine facilities, • Engineered solutions to isolate 480V and 4160V control systems, • HMI and PLC programming for Power systems, • Assessed the vulnerability of networks containing Cisco routers, switches, and servers, • Designed and implemented secure and redundant networks to remediate vulnerabilities. 950 N. Tustin Ave., Suite 100 Anaheim. CA 929071 Phone, 714.7831334 i Fax: 714.783.7411 1 w .aesglohal.com ArB GLOBAL, INC. City of Lomita • Re- engineered and installed wireless SCADA systems for the public works department. • Engineered a solar powered control panel and integrated it into SCADA. • Installed and configured a unified threat management system to protect the city's SCADA network. • Resolved a communication interference issue with in the wireless SCADA network. + Enabled remote access to the SCADA system allowing offsite access and control of the SCADA system. • Utilized GPS co- ordinates and spectrum analyzers to conduct a radio survey. The following is a breakdown by employee of the work done to date at the City of Lomita Zaw Aung: Cost estimation and design for the project. Programmed all ScadaPack RTUs and PLC. Helped to design and install the SCADA hardware, built and interfaced the ClearScada HMI system with the PLC and RTU system. Conducted wireless site survey and implemented network architecture. Helped create the proposal including estimating work effort and equipment specification. Recommended control and operational philosophy. Ilham Buharie: Optimized the 900Mhz radio transmitters so that they property handled interference from the personnel radio system; optimized the solar panel layout, power consumption of the ScadaPack RTU and battery configuration to allow a remote site to run on battery power for 3 days if necessary. Conducted wireless site survey and implemented network architecture. Helped create the proposal including estimating work effort and equipment specification. Recommended control and operational philosophy. Justin Eash: Built and installed the panels containing the ScadaPack hardware and also helped install new instruments. Worked on optimizing the ClearScada HMI and integrated it with Win -911, an alarm notification system that calls an individual's phone or email in the event of an alarm. Reviewed CAD drawings. Helped create the proposal including estimating work effort and equipment specification. Andrew Moseley: Created CAD drawings and maintained team meeting minutes, Reviewed existing network and created more efficient network architecture. 950 N Tustin Ave., Suite 100, Anaheim, CA 92807 1 Ptiane: 714 783.7334 1 Fax 714 783.7411 1 www.aesglobal.com AB GLOBAL, INC. Chemoii: • Conducted vulnerability assessment after a cyber attack which nearly shutdown the plant. • Isolated the Local area Network (LAIN) from the SCADA Network. • Implemented and integrated the Industrial Defender Enterprise network security system to protect Chemoil's automation network. • Installed and configured a data historian along with a web - enabled trending and reporting package. • Developed and implemented custom leak detection algorithm. • Redeveloped their HMI and SCADA monitoring and control system. • Tied Chemoil's tank farm monitoring into the SCADAIHMI system. • Provided continuous on -site maintenance support. The following is a work breakdown by employee: Zaw Aung: Cost estimation and design for sub - projects over a period of 30 months. Bristol Babcock PLC programming along with Wonderware and [conics HMI design. He was also responsiblc for instrumentation and process equipment maintenance. Conducted wireless site survey and implemented network architecture. Helped create the proposals including estimating work effort and equipment specification. Recommended control and operational philosophy. Justin Eash: Instrumentation and communications maintenance. Created CAD drawings for the system. Conducted wireless site survey and implemented network architecture. Helped create the proposals including estimating work effort and equipment specification. Andrew Moseley: Created CAD drawings and maintained team meeting minutes. Reviewed existing network and created more efficient network architecture. Helped create the proposals including estimating work effort and equipment specification. 950 N. Tustin Ave., Suite 100. Anaheim. CA 928071 Phone: 714.783.7334! Fax, 714.783.74111 www.aegglobal.com NC -S GLOBAL, INC. Renewable Energy Products: • Integrated Meterwin tank gauging system. • Modified temperature monitoring and control system to obtain higher accuracy. • Installed a unified threat management system to safeguard their plant control network. • Optimized the existing PLC program to improve process performance and reliability. • Specified and integrated instrumentation to improve process control. • Revised the HMI to improve safety and accessibility. • Provided continuous on -call maintenance and support. The following is a work breakdown by employee: Justin Eash: Cost estimation and design for sub - projects involving the modification and upgrade to control system. Modified the Allen Bradley RTU systems and has been carrying out RSView software, Allen Bradley Factory Talk Historian and instrument upgrades. Reviewed CAD drawings. Herd create the proposal including estimating work effort and equipment specification. Ilham Buharic: Cost estimation and design for sub - projects involving the modification and upgrade to communications and instrumentation systems. Provided support with Allen Bradley RTU, RSView HMI, Allen Bradley Factory Talk Historian and instrument modifications. Helped create the proposal including estimating work effort and equipment specification. Recommended control and operational philosophy. Andrew Moseley: Provided network vulnerability assessment and remediation design. Everlino Ramos: Created new drawings and updated existing drawings in AutoCAD. Maintained team meeting minutes. 950 N. Tustin Ave., Suite 100. Anaheim, CA 928071 Phone: 714.783.7334 1 Fain 714,783,74111 v .aesglobel.com T` E GLOBAL, INC. Los Angeles Sheriff's Department. • Re- engineered the stand by generator control system. • Upgraded the user interface and compiled it to the control system via a touch screen. • Increased functionality of the load bank simulation system. • Improved overal I generator performance, reliability and efficiency. • Provided remote load -shed capability using Modbus over RS -422 serial communication. The following is a work breakdown by employee: Justin Eash: Overall management of the project, cost estimation, system design, built the AutomationDireat control panels and programmed the PLCs. Initial CAD drawings and review of as- built drawings. Ilham Buharie: Recommended control and operational philosophy. Designed communication architecture and implemented it. Daniel Hasegawa: HMI programming with alarming capabilities. Daniel provided HMI features that were beyond the capability of the software, upon client's request. Everlino Ramos: Updated the initial CAD drawings to incorporate the as -built design Andrew Moseley: Provided network vulnerability assessment and remediation. 950 N. Tustin Ave, Suite 100 Anaheim CA 92807 r Phone: 714.783.7334 I Fax: 714.783 7411 1 www aesglobal.com AB GLOBAL, INC. References City of La Palma Cost estimation, design and built Wireless Video Security System, Information Security System September 07 — Larry Baldwin, 774- 690 -3325, LarryB @cityoflapaima.org City of Lomita Consultation, Scada planning, design and built telemetry system February 07 - Wendell Johnson, 323 -229 -4048, w johnson@lomito.com Chemo i I Consultation, Instrumentation Design, Tank Farm Monitoring February 07 - Ted Christenson, 562 - 4854207, ted.christenson @chemod com Renewable Energy Products Consultation, Continuous Operations Support in the form of RTI1, HMI, and communications April 08 — Eddie Ramirez, 562 -522 -4562, eramirez@akelanddeuco.com L.A. County Sheriff's Department Cost estimation, design and build backup generators control system Nov 07 — Robert Chaboya, 562- 706 -7593, RVChaboy@lasd.org 950 N. Tustin Ave., Suite 100, Anaheim CA 92807 i Phone: 714.783.73341 Fax: 714.783.7411 I www.aeSgiabal.com BIT "B" GLOBAL. INC. EXHI PROVIDER Standard rates are guaranteed from December 1, 2009 through November 30, 2010. Standard rates apply for the normal work week of Monday through Friday. Holiday rates apply for all AES published holidays. A. Saturdays, at 1 '/2 x hourly rate. B. Sundays & Holidays, at 2 x hourly rate. C. Overtime, at 1 %: hourly rate. D. Mileage and travel time are additional to onsite work. E. Parts, billed to customer price plus 20 percent. Rate Schedule Labor Rates: Emergency call -outs (minimum of 4 billable hours) Engineering, Programming, Project Management, Start-up $ 125/HR Travel $ 65 /HR CAD Operator $ 80 /HR 950 N. Tustin Ave., Suite 100, Anaheim, CA 92807 1 Phone: 714.783.7334 1 Fax: 714.783.7411 1 www.aesglobal.com