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.
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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,
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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.
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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