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Aspect Engineering On-Call - Signed
CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 1 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT This agreement (Agreement) is made and entered into in the City of San Luis Obispo on _______, by and between the City of San Luis Obispo, a municipal corporation and charter city (City) and Aspect Engineering Group, (Contractor). WITNESSETH: WHEREAS, the City advertised and accepted bids on June 8, 2023 for SCADA Support Services and wants to engage Contractor for on-call as needed control systems integration services (the “Services”); and WHEREAS, Contractor is qualified to perform this type of Services and has submitted a bid proposal on June 8, 2023 to do so, which has been accepted by City; and NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1.TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, for five years, or upon acceptance and completion of said Services, whichever occurs sooner. 2.INCORPORATION BY REFERENCE. City Notice Requesting Proposal and Qualifications for SCADA Support Services, and Contractor’s proposal dated June 8. 2023, are hereby incorporated in and made a part of this Agreement, attached as Exhibit A. The City’s insurance requirements are hereby incorporated in and made part of this Agreement, attached as Exhibit B.To the extent that there are any conflicts between the Consultant’s fees and scope of work and the City’s terms and conditions as stated herein, the City’s terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both Parties. 3.CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation as set forth in Exhibit A. 4.CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement including that work as set forth in Exhibit A. 5.PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that Contractor is required to pay. 6.LICENSES AND PERMITS. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 7/18/2023 | 11:23 AM PDT CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 2 Services described in this Agreement. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary under this Agreement. 7. COMPLIANCE WITH LAW. The Contractor shall keep itself informed of and shall observe and comply with all applicable State and Federal laws and regulations, and county and City of San Luis Obispo ordinances, regulations and adopted codes, which in any manner affect those employed by Contractor or in any way affect the performance of the Services pursuant to this Agreement. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. 8. COMPLIANCE WITH INDUSTRY STANDARD. Contractor shall provide services acceptable to City in strict conformance with the Agreement. Contractor shall also provide services (including but not limited to service levels and operation levels) in accordance with the standards customarily called for under this Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where approval by the City, the City Manager, the Mayor, or other representative of City is required, it is understood to be general approval only and does not relieve Contractor of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices. 9. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor 's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 10. PRESERVATION OF CITY PROPERTY. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from Contractor’s operations, it shall be replaced DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 3 or restored at Contractor’s expense. The City’s facilities shall be replaced or restored to a condition as good as when the Contractor began the work. 11. IMMIGRATION ACT OF 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of the Services that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the Services hereunder. 12. NON-DISCRIMINATION. In the performance of the Services, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 13. WORK DELAYS. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the Agreement, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the cause of the same. 14. PAYMENT TERMS. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 15. PAYMENT TECHNOLOGY – The City utilizes Chase Paymentech (aks Orbital, NetConnect) as the preferred credit card merchant processor. Contractor must utilize a compatible payment gateway in order to process electronic credit card payments. Exceptions can be evaluated and approved at Finance Director’s discretion. 16. INSPECTION. City shall at all times have the right to inspect the work being done under this Agreement and Contractor shall furnish City with every reasonable opportunity and assistance required for City to ascertain that the Services of the Contractor are being DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 4 performed in accordance with the requirements and intentions of this Agreement. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations under the Agreement. 17. CONFIDENTIALITY. Contractor agrees that any and all information and data furnished by City shall be deemed proprietary and confidential. All such information, to the extent previously, presently or subsequently disclosed to Contractor and/or processed and derived by Contractor services is the property of City and such property shall be deemed and treated as “Confidential Information” of the City. Contractor acknowledges that such Confidential Information may contain information provided and/or generated by third parties. Contractor agrees that such Confidential Information shall not be disclosed to any third party without written consent from City, except as required by law, including but not limited to a subpoena, court order, or a request pursuant to the California Public Records Act. Contractor shall not use City’s Confidential Information except to perform Contractor’s Services as directed by the Agreement. 18. OBLIGATIONS UPON TERMINATION. Upon termination or expiration of this Agreement, Contractor will ensure that all Confidential Information is securely transferred to City within thirty (30) calendar days. Contractor shall ensure that any transfers of Confidential Information is accomplished by methods that are compatible with relevant City systems, and that City will have access to all Confidential Information during any such transfer. Contractor shall securely dispose of all Confidential Information when requested by City and Contractor shall provide written notification to City once all Confidential Information has been securely disposed of. 19. DATA BREACH. a. Contractor shall report to City any data breach, as defined herein, as soon as possible but no later than twenty-four (24) hours after Contractor discovers such breach. Breach is defined as unauthorized acquisition or reasonable belief of unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of Confidential Information maintained by Contractor. Contractor agrees to take commercially reasonable measures to address Breach in a timely manner. Except as otherwise required by law, Contractor shall not provide notice to end users or other entities of any Breach without written permission from City. Contractor shall begin remediation of the Breach immediately. Contractor shall provide daily updates, or more frequently if desired by City regarding findings and actions performed by Contractor until the Breach has been effectively resolved to City’s satisfaction. Contractor shall conduct an investigation of the Breach and shall share the report of the investigation with City. At City’s sole discretion, City and its authorized agents shall have the right to DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 5 lead or participate in the investigation. Contractor shall cooperate fully with City and its agents and law enforcement. b. Contractor shall promptly reimburse City in full for all fees and costs incurred by City in any investigation, remediation, or litigation resulting from any Breach, including identity protection and restoration services for each person, who in the City’s sole discretion, could by impacted by identity theft. 20. LOCATION OF DATA & DISASTER RECOVERY. At all times during the Term of this Agreement, Contractor shall physically store and maintain Confidential Information provided by City within the continental United States (“Data Center”). At all times during the Term of this Agreement, Contractor acknowledges that its disaster recovery sites must be within the continental United States, but geographically separate from the location where City’s Confidential Information is physically stored and maintained. 21. DATA SECURITY. Contractor shall ensure that all Confidential Information stored or at rest in Contractor’s Data Center, or in transport, will be encrypted in transport and will not be transferred to any other hosting entity without the written consent of City. 22. ONLINE & HOSTING FACILITY SECURITY. All facilities, devices, networks and services used to store, deliver, process, backup or purge Confidential Information will employ administrative, physical, technical, and procedural safeguards and best practices at a level sufficient to secure Confidential Information from unauthorized access, destruction, use, modification, or disclosure. Such measures will be no less protective than those used to secure Contractor’s own information of a similar type, and in no event less than reasonable in view of the type and nature of the information involved. 23. AUDIT. Where applicable, as determined in City’s sole discretion, Contractor shall acquire, on an annual basis at Contractor’s sole expense, a confidential Service Organization Control (SOC) 2 Report on its systems examining logical security controls, physical security controls, and system availability, as produced by a third-party auditor in relation to the services provided by Contractor through this Agreement (“SOC 2 Report”) and provide such report to the City. The SOC 2 Report will constitute Confidential Information as defined by this Agreement and be maintained in the manner set forth in this Agreement. Further, the City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 24. AVAILABILITY OF DATA. In the absence of a documented Service Level of Agreement provided by Contractor, Contractor guarantees 99.99% availability of its services offered to City through this Agreement. Contractor acknowledges that if Contractor’s services experience downtime, meaning any instance where the Contractor’s services provided this Agreement are unavailable to the City, other than scheduled downtime or for reasons beyond Contractor’s control, for fifty-two (52) minutes total or more in a calendar year, DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 6 City shall receive the following credit: for every fifteen (15) minutes of downtime, City will receive a credit equal to 5% of City’s annual fee for Contractor’s affected services, divided by twelve (12). To receive a credit, City shall request the credit in writing and provide documentation of communications with Contractor (calls, e-mails, support tickets, logs, or other monitoring) demonstrating and reporting downtime within thirty (30) days of the downtime exceeding fifty-two (52) minutes in a calendar year. 25. RIGHTS IN DATA. If, in connection with the services performed under this Agreement, Contractor or its employees, agents, or subcontractors, create artwork, audio recordings, blueprints, designs, diagrams, documentation, photographs, plans, reports, software, source code specifications, surveys, system designs, video recordings, or any other original works of authorship, whether written or readable by machines (“Deliverable Materials”), all rights of Contractor or its subcontractors in the Deliverable Materials, are the sole property of City. Contractor, including its employees, agents, and subcontractors, may not use any Deliverable Material for purposes unrelated to Contractor’s work on behalf of the City without the prior written consent of the City. 26. SOFTWARE LICENSING. Contractor represents and warrants that the software, if any, as delivered to the City, does not contain any program code, virus, worm, trap door, back door, timer, or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically, upon the occurrence of licensor-selected conditions or manually on command. Contractor further represents and warrants that all third-party software, if any, delivered to City or used by Contractor in the performance of the Contract, is fully licensed by the appropriate licensor. 27. INTELLECTUAL PROPERTY WARRANTY AND INDEMNIFICATION. Contractor represents and warrants that any materials or deliverables provided under this Agreement (“Deliverable Materials”) are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent, or other intellectual property rights of any third party or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark, or patent infringement, City shall have the right, in its sole discretion, to require Contractor to provide, at Contractor’s own expense, new non-infringing materials, deliverables, or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Contractor further agrees to indemnify, defend, and hold harmless the City, its officials, employees, and agents (“City Indemnitees”) from and against any and all claims, actions, costs, judgements, or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services, or works provided under this Agreement infringe the copyright, trademark, patent, or other intellectual property or proprietary rights of any third party (“Third Party Claim of Infringement”). If a Third- DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 7 Party Claim of Infringement is threatened or made before Contractor receives payment under this Agreement, City shall be entitled, upon written notice to the Contractor, to withhold some or all of such payment. In the event the City Indemnitees are made a party to any actions, lawsuit, or other adversarial proceeding arising from any Third Party Claim of Infringement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of the defense, including reasonable legal fees, incurred in defense of such claims. 28. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not limited to California Civil Code Section 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“Claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made party to any actions, lawsuit, or other adversarial proceeding arising from the Contractor’s performance or nonperformance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees for their costs of defense, including reasonable legal fees, incurred in defense of such Claims. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. 29. TERMINATION FOR CONVENIENCE. At any time during the term of this Agreement, the City has the right to terminate this Agreement upon thirty (30) days’ written notice to the Contractor. Should the City terminate this Agreement for convenience, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s direction as to work in progress. 30. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a ten (10) calendar day notice of time thereafter in which to perform said work or cure the deficiency. a. If the Contractor has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 8 Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except to comply with the obligations upon termination set forth in Section 15 of this Agreement. b. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work or services performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-in-progress in completing the overall scope. c. The City reserves the right to delay such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 31. INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and made part of this Agreement. 32. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 33. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 34. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 35. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 9 the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 36. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 37. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the appropriate review authority according to the City’s Financial Management Manual. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized by the City in advance and in writing. 38. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the parties hereto. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 39. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: To City: IT Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attention: Josh Erquiaga To Contractor: Aspect Engineering Group 8230 Espresso Drive Bakersfield, CA 93312 Attention: Jeff Jones jljones@aspecteg.com 40. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 10 shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. 41. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY CONTRACTOR _______________________________ By: City Manager _______________________________ By: APPROVED AS TO FORM: _______________________________ By: J. Christine Dietrick, City Attorney DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Request for Qualifications – SCADA Support Services Presented To: City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401 Attention: Josh Erquiaga – Network Services Supervisor & Daniel Clancy Aspect Engineering Group 8230 Espresso Drive Bakersfield, California 93312 661-679-6709 25 May 2023 Exhibit A DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 2 | Page Table of Contents LETTER OF TRANSMITTAL .................................................................................................................................... 3 COMPANY BACKGROUND ................................................................................................................................... 4 FIRM EXPERIENCE ................................................................................................................................................ 6 Company Details .................................................................................................................................. 6 Certified Partnerships ........................................................................................................................... 7 Rockwell Certified System Integrator (RCSI) ....................................................................................... 7 AVEVA Registered System Integrator ................................................................................................. 7 Relevant Experience of the Team ..................................................................................................................... 10 Qualifications of Key Personnel ........................................................................................................................ 14 RESUMES ........................................................................................................................................... 15 ORGANIZATION CHART ..................................................................................................................................... 20 REFERENCES ....................................................................................................................................................... 21 Rate Sheet .......................................................................................................................................................... 24 Emergency On-Call Rates .................................................................................................................................. 27 Explanation of Disqualification ......................................................................................................................... 28 Work Program.................................................................................................................................................... 29 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 3 | Page LETTER OF TRANSMITTAL Josh Erquiaga CITY OF SAN LUIS OBISPO Please find below our response for the SCADA Support RFQ. This response outlines Aspect Engineering Group’s background and capabilities to provide the services detailed in the RFQ. The City of San Luis Obispo seeks a specialty consultant to provide Control Systems Integration Services. Aspect Engineering is well positioned to assist the City with its data integration and SCADA Maintenance to meet the City’s high standards and expectations. Founded in 2000, Aspect has been actively involved in the electrical and controls business, servicing multiple municipal customers in the water and wastewater sector. With certified SCADA/PLC programmers a registered California Professional Engineer, Aspect has the expertise and experience to both plan, design, and install the required control systems. Our team’s engineers and programmers are experts in specifying the latest equipment and integrating seamlessly all specific project(s) deliverables at the City’s facilities and remote sites. Because we integrate our staff with design, engineering, programming, and electrical experience into the design process, the City will receive assessment(s), project(s), and design(s) with construction feasibility and operations in mind. As Aspect’s key Project Manager, and General Manager, I am authorized to: • Contractually obligate the organization • Negotiate the contract on behalf of Aspect Engineering Group • Be contacted for clarification Should you have any questions or comments about this proposal, do not hesitate to contact us. Sincerely, Jeff L. Jones GENERAL MANAGER 8230 Espresso Drive Bakersfield, California 93312 Email: jljones@aspecteg.com Federal Tax ID: 77-0474887 State Tax ID: 452-3745-0 Department of Industrial Relations Registration Number: 1000038726 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 4 | Page COMPANY BACKGROUND Since 2000, Aspect Engineering has been designing, developing, and installing industrial control systems in California. Our technical expertise and proven track record in the automation industry are a testimony to the quality of our people and processes. We have a demonstrated ability to design systems using recognized methodologies and the best available technologies to effectively deliver projects ranging from a single loop to plant-wide systems. We have served many of the major oil & gas exploration and production companies around the United States, and many California water and wastewater treatment districts and cities. Aspect has worked with multiple SCADA and HMI platforms for over nineteen years (Ignition, Wonderware, ClearSCADA, GE iFix, FactoryTalk View SE, etc.). We have been an important lead in developing standards for system architecture for our clients. We have developed a rich and flexible standard PLC library and the ideology of using it to model a process and equipment. This included designing a fully functional example facility, with PLC/SCADA applications, educational materials, designing and holding a series of formal training classes for the integrators, etc. Our team members have many years of experience in the fields of oil and gas production and municipal water and wastewater treatment, chemical production, food and beverage, project management, electrical and construction codes, process analysis and optimization, implemented on a wide variety of platforms and architectures. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 5 | Page Our competitive advantage and how we can add value beyond what others can provide is Aspect Engineering is a very flat organization with low overhead, enabling us to keep the cost and bureaucracy to a minimum. Our leadership is on the front lines daily, and we believe in a hands-on approach. In our nineteen plus years of experience in industrial control systems design and implementation, we have developed excellent working relationships with our clients, which allows us to address specific needs, while providing individualized attention and response to a client’s project requirements. The client relationships we have developed have transcended decades, career changes, and new technologies. Our belief is that skills and knowledge are the keys to performing a service that will build credibility and earn the trust of our clients. Once we have developed a relationship that is founded on competence and trustworthiness then, and only then, will our clients be confident that we have their best interests in mind. Our experience has taught us that our clients value reliability and responsiveness as the most important components of a quality service. Therefore, we are committed to performing a promised service in a safe, dependable, and accurate manner, not only on the first time, but every time. We make sure accounting is correct, records are up to date, and schedules are kept, and that we demonstrate a readiness and willingness to help clients in a prompt timely manner. We take seriously getting to know our clients by making every effort to understand their individual needs and provide individualized attention. Meeting client expectations, we emphasize that communication is a process where we listen, we respond, then we loop back, until there is alignment. We have an obligation to our clients to behave safely and securely by managing physical and cyber risks, so we have policies and procedures to protect the health and safety of people, the environment, and client assets. Our clients need to know we are there and accessible when they need help or information, accordingly we have offices, staff, and systems in place to provide ease of contact. Additionally, appearance of our personnel, facilities, equipment, and communication material reinforce our commitment to providing the highest quality service and client experience. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 6 | Page FIRM EXPERIENCE Company Details At the time of this Proposal, Aspect has a staff size of thirty (30) employees, with the majority of the staff being Technical Roles, and a very minimal overhead required to operate. This structure will be discussed further in the Team Qualifications and Structure section, but our current Staff is led by three individuals: Jeff Jones, General Manager, responsible for day-to-day management of the Company Ricky Heeb, Operations Manager, responsible for execution of all Service Contracts and management of all Automation Roles Chris Hullah PE, responsible for all Engineering and Design efforts With this company structure, Aspect is able to provide economical rates for our end users as we do not maintain a high level of overhead, as the head of each department is a technical knowledge required role and are actively involved in the day-to-day operations of the Clients supported. Each Department staff’s roles (further expanded on later in this RFP Response) specifically tailored to the support and development of Client Projects and all resources utilized have years of experience prior to engaging in client facing efforts. Aspect does not employ interns for design and development tasks and all resources provided for on-site activities have multiple years of experience prior to being sent to a client facility. Aspect employs resources with the projected future growth of the Company as the primary driving force and does not employ short term or “temporary” resources; our primary objective is to staff the organization with knowledgeable and key staff that will grow and develop careers at Aspect. All Aspect resources that would service the District are located in Bakersfield, California, where the Company is located, and our current service range includes clients as far south as San Diego and as far north as Redding, California. As Aspect is primarily a Service and Integration Company, our resources are experienced specifically in Projects that require travel and on-site commissioning tasks and are supported by the Project Team via various remote capabilities. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 7 | Page Name of Business/Company: Aspect Engineering Group Business/Company Address: Aspect Engineering Group 8230 Espresso Drive Bakersfield, California 93312 Telephone Number(s): (661)679-6709 Website Address: www.aspecteg.com Email Address: info@aspecteg.com Federal Tax ID: 77-0474887 Type of Business: General Partnership Number of Years in Business: 23 Authorized Business Representative: Jeff Jones, General Partner Email - jljones@aspecteg.com Authorized Contract Signer: Jeff Jones, General Partner Email jljones@aspecteg.com Years of Experience: 50 years combined, Company Principals Regular Business Hours: 7:30am – 5:00pm (Monday – Friday) Contact Person for Accounting: Heather Jordan Email hrjordan@aspecteg.com Liability Insurance Policy Number: Evanston 16PKGWE00219 Certified Partnerships To better understand the capabilities that Aspect possesses, the following section is provided to give the District further background of Aspect and our Certified Partnerships within the Automation Industry. Aspect has many partnerships with various SCADA System Manufacturers, but we believe the following Certifications are most relevant to the City’s needs. Rockwell Certified System Integrator (RCSI) Aspect is a Rockwell Certified System Integrator (RCSI), which is a competency-based certification program from Rockwell Automation, the largest Automation Company in the United States and the most common and popular Platform Provider in California. The RCSI Program is an invitation only, non-financial certification (e.g., there is no “pay $X per year to be certified” path) offered by Rockwell Automation to Integrators that Rockwell believes, and verifies, are beyond standard knowledge of Rockwell components. The Program is a several year path to competency and requires testing of the Company and the individuals to ensure that the Management and Resources are all competent in the design, development, application use, and support of Rockwell equipment. As of this RFP, Aspect can be found on Rockwell’s website as a Systems Integrator at the following web link: https://locator.rockwellautomation.com/SystemIntegrator/CompanyDetails/1ab26c5a-d00f- 42ba-a792-30ece42b5464 AVEVA Registered System Integrator Continuing our 20+ years’ experience in Wonderware (AVEVA) platforms, Aspect currently DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 8 | Page holds a certification as an AVEVA Registered System Integrator. Aspect has been within the AVEVA (formerly InvenSys) System Integrator since 2000 and has maintained this certification as a testament to our commitment to supporting and deploying Wonderware (InTouch) and ArchestrA (System Platform) projects for current and future Clients. As of this RFQ, Aspect can be found on AVEVA’s website as a Registered System Integrator at the following web link: https://softwareom2.wonderware.com/si-directory- ww/SI/search/PartnersSIDetail.asp?CompID=18739 Aspect Engineering consults with you to define your end goal. We then create and review drawings and engineering processes, develop control system architecture and design, implement, commission, and document the system. The final solution integrates all the departments and processes you need to incorporate for a comprehensive system. Our goal is to streamline your processes to meet the needs of all stakeholders. • Automation Solutions • Advanced Process Control • I&C Field Services • Process Automation • HMI Design • Automation Integration • Control System Design & Drafting • Control System Migration • Regulatory Systems and Services Tools for Control Systems Engineering • PLC Programming in Allen-Bradley and Modicon platforms • Extensive InTouch and Archestra design and implementation • HMI and SCADA Design within FactoryTalk View SE and Ignition Platforms Enterprise Integration • Integration and optimization services, data historians, and quality management. Strategic Controls Solutions • Process improvement consulting, and industrial cyber security Project Management Office (PMO) PMO services includes providing strategic project advice and executing projects in the role of project manager. Our project managers can also act as contract administrators and the client’s agent. Project management services include: • Provide clients with project initiation, planning, and monitoring services. • Development of feasibility studies. • Strategic project advice. • On-site project management and control. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 9 | Page • Production of project execution plans. • Control over all project budgets including sub-contractors and third-party consultants. • Development, monitoring, and general project advice. • Pre-contract advice on contract/cost aspects of work. • Preparation of general reports and recommendation to clients. • Host or facilitating design and status meetings. Engineering Services Engineering services includes overseeing the design, modeling, execution and analysis of the engineering requirements on a project, meeting the overall project objectives on time and under budget. Oversees the preparation of basic design and detailed design deliverables for: • Development of simulations • Basis of design • Control narrative • Development of P&ID's • Development of equipment data sheets • Development of instrument data sheets • Development of line lists • Development of cause & effect diagrams / safe charts • Reviewing drawings from other disciplines • Designing communication networks for supervisory control and data acquisition (SCADA) and alarm reporting systems including oversight of their installation and/or maintenance Best practices approach to cyber security program development and management. Project management for industrial control systems, and critical infrastructure projects. Development and roll-out of ICS policies, standards, and process improvements. Planning, mitigation, and remediation projects resulting from security audits and vulnerability assessments. Combined Experience across project resource team includes: • SQL server – 15+ years • Wonderware platform – 50+ years • Ignition Platform – 5+ years Gold Certified Integrator • Windows platform – 100+ years • Allen Bradley PLCs – 50+ years • Modicon PLCs – 20+ years DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 10 | Page Relevant Experience of the Team The table on the following pages provide critical Client References for the quality of work that Aspect Engineering Provides. Specific to this particular Project, Aspect has completed two (2) SCADA Upgrade Projects from the listed Clients in the last year and is currently completing a third project as of this time of this Proposal. These Projects each included a mini-SCADA Master Plan, as the design, development, and guidance for information were provided within the individual Projects and each location is currently following the SCADA Architecture Designs that Aspect designed and implemented. For the Forestville Water District, Aspect Engineering completed a fully SCADA Upgrade, including the primary Tertiary Treatment Plant (Recycle Water) as well as the Recycled Water Distribution System and the two (2) Lift Stations. This SCADA Upgrade was an end-to-end Upgrade which included a complete rewrite and new PLC Panels for eight (8) PLC Systems, the removal of two (2) old HMI Systems (RSView 32 and Lookout) and the installation of one (1) Single SCADA System using FactoryTalk View SE. This system also included similar to what the District is looking for – Operations receive remote alarms through Win911 2021 from the SCADA System and are now able to remote into a secured tunnel to view and control the SCADA System remotely. For the California Water Service Group, Aspect maintains the SCADA System for several of CalWater’s facilities, the largest two being the North East Bakersfield Water Treatment Plant (NEBWTP) and the North West Bakersfield Water Treatment Plant (NWBWTP). Last year, Aspect completed an in-situ SCADA Upgrade of the NWBWTP by maintaining the existing PLC systems and developing an entire new SCADA System and Communications via FactoryTalk View SE, replacing a legacy iFIX SCADA System. The scope of this effort is nearly identical to the District’s RFP as Aspect provided the Design and Engineering for the SCADA Components, provided an estimate for the Installation effort, and executed the effort. The NWBWTP is a 20MGD Treatment Facility and Aspect was able to complete this upgrade with no system downtime required. The scope of work for the NEBWTP SCADA Upgrade, is identical to the Scope for the NWBWTP SCADA Upgrade, with the exception that the NEBWTP is a 30MGD Treatment Facility and is the largest in the Service District. The system was fully rewritten from scratch, with new standards, utilizing FactoryTalk View SE as the Visualization Package and replacing an old legacy iFIX Installation. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 11 | Page Client Reference Projects California Water Service Name of Projects: On-Call Support & ICS Systems Upgrades Location: CA, multiple locations 2017 – Present Owner Type: Public Utility Company, trading on NYSE Project Costs: $500k+ Owner Contact: Gary Witcher, Manager of Water Treatment 3725 S H St, Bakersfield, CA 93304 Phone: 661-872-6400 Email: gwitcher@calwater.com Aspect Staff: Jeff Jones (project management) Ricky Heeb (project supervisor & programming) Skylar Johnston (Programming) Chris Leist (Programming) Spencer Keusch (programming) Travis Christolear (programming) Cal Water's Bakersfield District was formed in 1926 with the purchase of Bakersfield Water Works. CWS operates the City of Bakersfield water system through an operations and maintenance contract. They proactively maintain and upgrade their facilities to ensure a reliable, high-quality supply. To meet their Bakersfield customers' needs, they use a combination of local groundwater produced by 77 active wells (treated where necessary to improve taste and odor), surface water from the Kern River (treated with highly advanced membrane filtration), and treated water purchased from the Kern County Water Agency. The City of Bakersfield, with the assistance of Cal Water, proactively maintains and upgrades its facilities to ensure a reliable, high-quality supply. Aspect’s on call support contract covers the requirements for on-call ICS and SCADA support of assets, facilities, documents and other related items and information for project(s) related to the water treatment facilities. The services are in accordance with the established asset management guidelines and processes, and include the following tasks: • Provide supplemental staffing services as needed. The supplemental staffing services and scope of work are determined specific to the project or contract. • Completed design of new SCADA system at Northwest Bakersfield Water Treatment Plant to replace antiquated control system. Full redevelopment in new platform with no conversion; provided High Performance Graphics for all control screens. • Completed design of new SCADA system at Redwood Valley Water Treatment Plant to replace antiquated control system. Full redevelopment in new platform with no conversion; provided High Performance Graphics for all control screens. • Rewrote PLC logic for Finished Water Pumps to convert from proprietary communication devices to DeviceNet to allow for process details to be read from starters to provide insight to pump failures. • Rewrote PLC logic for existing water treatment skid in Kernville, CA to provide control system based on pressure rather than flow, to allow for tighter control process and reduce unnecessary backwash and air scrub cycles. • Programming and commissioning of Sediment Basin with moving screens and aerators to allow for increase of plant capacity by additional 6MGD. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 12 | Page Goleta Water District Name of Projects: ICS Programming & Standards, Control Systems Support Location: Goleta, CA 2017 - Current Owner Type: Public Agency Project Costs: $700k+ Owner Contact: Daniel Guest, Capital Project Lead 4699 Hollister Avenue Goleta, CA 93110 Phone: 805-698-0776 Email: dguest@goletawater.com Aspect Staff: Ricky Heeb (project supervisor & programming), Jeff Ward (programming), Spencer Keusch (HMI Programming), Travis Christolear (HMI Programming), Established on November 17, 1944, the Goleta Water District encompasses an area extending along the south coast of Santa Barbara County west from the Santa Barbara city limits to El Capitan. The District, which spans approximately 29,000 acres, is bound on the south by the ocean and on the north by the foothills of the Santa Ynez mountains. GWD uses 270 miles of pipeline to provide water to approximately 87,000 people. Aspect Engineering Group’s Project Work (to date) for GWD includes the following: • Provided programming assistance in recovering from improper configuration of redundancy failover of Quantum PLC and restoring system to running state • Programming and HMI tasks for installation of new instrumentation at main treatment facility as well as remote sites around Santa Barbara • Programmed remote well facilities and tank blending operation to provide state allotted introduction of backwash water limit to production system • Programming of advanced Lead/Lag1/Lag2 Controls for Pump Stations and Reservoirs • Creation of PLC Programming Standards to be used throughout District. The standards were created using the District’s existing PLC Platform (Modicon) and developed within Unity Pro. Forestville Water District Name of Projects: SCADA Design/Build Location: Forestville, CA 2020 - Current Role: Prime Consultant Owner Type: Wastewater Treatment Project Costs: $400,000 Owner Contact: Tony Lopes, General Manager 6530 Mirabel Road, Forestville, CA 95436 Phone: 707-322-4161 Email – tlopes@forestvillewd.com Aspect Staff: Ricky Heeb (Project Lead), Spencer Keusch (Network Technology) Skylar Johnston (programming) Chris Leist (programming) Forestville Water District (FWD) is a municipal water district in Sonoma County that provides potable water service to the citizens of Forestville. In addition to the Water Service, FWD maintains a sewer and wastewater system that treats non potable water and treats it for agricultural and irrigation water. Aspect Engineering Group’s Project Work (to date) for FWD includes the following: • Design, development, programming, and commissioning of entire new SCADA System (Design/Build) • Design/Build new communications and VPN system • Support legacy software packages for integration efforts • On-Call SCADA Support DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 13 | Page Chevron Name of Projects: Numerous Location: Kern County, CA 2000 - Current Role: Prime Consultant Owner: Chevron Client: Chevron Owner Type: Corporation Project Costs: $5M+ Owner Contact: Ed Neilands, Automation and Electrical Engineering Supervisor 9525 Camino Media, Bakersfield, CA 93311 Phone: 661-654-7662 Email: ed.neilands@chevron.com Aspect Staff: Chris Hullah (Engineering Manager & Design), Jeff Jones (Project Management), Ricky Heeb (Technical Lead), Spencer Keusch (programming), Skylar Johnston (programming), Jeff Ward (programming) Satnam Malhi (programming) Chevron’s - San Joaquin Valley Business Unit is California’s largest producer in net oil equivalent. Net daily production in 2016 averaged • 16,000 wells in operation • 159,000 barrels of crude oil • 54 million cubic feet of natural gas • 3,000 barrels of NGLs Majority of the production is from Chevron-operated leases that are part of three major crude oil fields in the San Joaquin Valley – Kern River, Midway Sunset and Cymric. Chevron leverages leading-edge heat management capabilities in the recovery of these hydrocarbons, with emphasis on improved energy efficiency through new technology and processes. Project Summary: • Process Automation Systems upgrade & SCADA Infrastructure support at Coalinga plants: • The scope included programming, testing, cut over, commissioning and hand over. Acquiring all services for each plants Process Automation System (PAS) implementation. The PAS was developed to reflect the requirements per the design basis. The work efforts primarily focused on PAS and IT/Network • Configured the PAS to Chevron approved configuration guidelines/specifications detailed design documentation (P&IDs, Control Philosophies, SAFE Charts, Cause and Effect Diagrams, etc.) • This included PLC (Control Logix), OIT (Allen Bradly Panel View) and HMI (Invensys ArchestrA) software development. • Updated the Field/Site Historian with tags from new control systems and work with the Chevron database administrators to provide them with all information requested by them including import sheet, tag cross reference sheet (Old Vs New Tags) etc. • Created/configured alarm database following Chevron standards and recommendations. • Incorporated Changes based on 30/60/90% Reviews conducted by SJV Codes & Specifications team. • Consolidated new HMI Application with the existing, Control room (Consoles) reorganizations, based on design approved with operations. • Installation Power-up and Basic Checks • Commissioning & Start Up Support • Conducted SAT (Full Function Test) and integrated SAT and prepare Certificates of Site Acceptance • Maintained a written log of all field corrections and changes. The Log clearly identifies any Correction or Change and the approval record number. • Implemented approved field corrections and changes • System Maintenance Training for Operations Personnel • System Configuration Training for Analyst/Engineering Personnel DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 14 | Page Qualifications of Key Personnel Name Title Certification s Role for RFQ Experience Time At Aspect Availability Jeff Jones General Manager N/A Contract Maintenance 30+ Years 20 Years As Needed Ricky Heeb Operations Manager Rockwell RCSI Team Lead for RFQ 15+ Years 4 Years 100% Chris Hullah, P.E. Engineering Facilitator Professional Engineer Engineering QA/QC 30+ Years 20 Years As Needed JP Srinivasan Lead Project Manager Certified PMP Project Manager 15+ Years 8 Years 100% Heather Jordan Financial Controller N/A Invoicing/ Billing 15+ Years 10+ Years 100% Jeff Ward Lead Automation Analyst N/A Technical Lead for PLC work 15+ Years 4 Years 100% Chris Leist Automation Analyst N/A PLC/HMI/Instr umentation 15+ Years 3 Years 100% Skylar Johnston Automation Analyst B.S. Electrical PLC/HMI/Instr umentation 10+ Years 10 Years As Needed Spencer Keusch HMI Lead B.S Chemical Engineering Technical Lead for HMI 10+ Years 5+ Years As Needed% Satnam Malhi Engineer II B.S. Electrical PLC/HMI/Instr umentation 10+ Years 3+ Years 100% Travis Christolear Automation Analyst IBEW PLC/HMI/ Instrumentatio n 10+ Years 1 Year 100% Renee Wilcox Project Controller N/A Project Costs and Schedules 10+ Years 8 Years 100% DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 15 | Page RESUMES Jeff L. Jones- General Manager / Senior Project Manager Business Development: California Water Service – Scope of Service Agreement Chevron – Master Service Agreement Carpinteria Valley Water District, Scope of Service Agreement Cachuma Operations and Maintenance Board, Scope of Service Agreement Aera Energy – Master Service Agreement ERG – Scope of Service Agreement E&B – Scope of Service Agreement Nations Petroleum – Master Service Agreement Brinderson – Scope of Service Agreement Project Management: 2019 - CalWater, Goleta Water District, Carpinteria Valley Water District, E&B, Berry Petroleum 2018 - Tehachapi Cummings Water District, Lamont Public Utility District, Chevron, Aera 2017 - Chevron Coalinga Reliability Upgrade Project 2016-18 - Chevron PCN Active Directory Separation 2016 - Aera Energy Coalinga Penn Zier Steam Generator Project 2016 - Chevron Lost Hills Cahn 3 WEMCO M-213 2015 - Chevron Electronic Logbook Pilot Project 2015 - Chevron Cymric Gauge Settings 2015 - Chevron Lost Hills Tank Filling SCADA Project 2014-2015 - Chevron LoNox Steam Generator PLC Upgrade Project 2014 - Chevron Electronic Logbook Proof of Concept Project 2014 - Chevron SCADA Health Monitoring Project 2014 - Chevron Lost Hills Gauge Setting 10 SCADA Project 2013-2014 - Chevron ArchestrA Steam Generator HMI Commissioning 2011 - ERG Central Operating Database Project 2010 - E&B Field Data Import Project 2009-2010 - Chevron ArchestrA Steam Generator HMI upgrade 2008-2009 - Nations Petroleum Central Operating Database Project Business Administration: General Manager – Aspect Engineering Vice President of Operations – Jones Construction Education and Certification: High School Graduate, North High School Bakersfield Ca, 1978 Qualifications Summary: Senior Project Manager with 20+ years of experience in software, system automation, controls, and civil engineering project management. Jeff started as a contractor on a six- month temporary assignment for Mobil Oil as programmer and network administrator. Within two years, after working in every field Mobil operated in the valley, Jeff moved to the Mobil Bakersfield main office as a full-time project team programmer. As a project team programmer, Jeff was responsible for projects components and deliverables, which included stakeholder engagement, as well as time and cost forecasting. Additionally, Jeff successfully worked on and deployed three major applications, a facility management database with a Windows client, an enterprise reservoir analysis database, and a data quality system. • In 2000, Jeff and Chris Hullah co-founded Aspect Engineering Group (formerly Acrasoft). Jeff and Chris were responsible for business development, administration, resource management and sharing project work. The project work included work at Mobil (now Aera Energy), and with new clients such as Occidental Petroleum (Oxy), Nations Petroleum, E&B Resources, ERG and Chevron. Jeff’s responsibilities included contract negotiations, recruitment, client relations, and client project management. • Today, while still managing projects for Chevron and Aera, Jeff has been instrumental in growing Aspect Engineering Group from three original employees to thirty full time employees in 2022. • Aspect Engineering was ranked No. 2002 on the Inc. Magazine 35th Annual List of 5000 of America’s Fastest-Growing Private Companies in 2016. Aspect’s services include: o automation and electrical engineering. o computer assisted design and drafting. o control system programming and commissioning. o project management. o IT infrastructure. o database administration. o cybersecurity. o material control. o document control. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 16 | Page Ricky Heeb – Operations Manager Professional Experience: • Management of DCS System. ; • Installation and commissioning of many systems within Oil Water/Wastewater industries. • Design and installation of electrical system and panels. • VFD Programming and troubleshooting. • PID design and implementation • IT/OT simops knowledge of Network Security and Industrial Network Infrastructure. Education Associates of Science 2015 Computer Information Systems – Cerro Coso Inductive Automation Ignition Credential Program Rockwell Automation ControlLogix Certification Qualification Summary: with fourteen years’ experience with process control and implementation- Primarily with Cement/Mining. Background in electrical and controls installation. Daily process experience with PLC programming in various languages (ladder logic, structured text, function block, SFC) as well as HMI and SCADA development and various other Non-Automation/OT/IT languages (Java/Python/Visual Basic/Basic/SQL) Technical Experience: • PLC Programming Allen Bradley SLC500,PLC5, ControlLogix, CompatLogix, MicroLogix,FlexLogix Studio5000, Connected Components, RSLogix500/5 Schnieder Quantum, Momentum, M580, SCADAPack Concept, Proworx/Proworx32,Unity/ControlExpert, SCADAPack Workbench. • HMI Development Wonderware ArchestrA/InTouch Allen Bradley FactoryTalk View SE/ME Inductive Automation Ignition DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 17 | Page Chris Hullah – Sr. Engineering Facilitator Professional Experience: Development of PLC/SCADA systems for water treatment, steam generation and injection, water disposal and subsidence mitigation, cogeneration, oil and gas production, well testing, vapor recovery, compressors, electrical monitoring, communications, offshore platforms. Development of PLC/SCADA systems for combustion/emission controls (SCR), Sulphur scrubbing, regulatory compliance (CEMS). Development of PLC/SCADA systems for wastewater / sewage treatment, municipal water distribution, including dial-out systems. Education B. Science, Electrical Engineering, 1989 University of Calgary, Canada California Professional Engineer Inductive Automation Ignition Gold Certified Integrator Qualification Summary: Professional engineer with 28 years of experience in industrial process controls and SCADA design and development. Wide experience in many levels of automation and data systems, system integration, communication networks, and software development. Very familiar with most processes in oil & gas and water treatment. Rich understanding of process modelling, standards development, system architecture, development of code libraries, visualization, high-performance interfaces, SCADA/PLC solutions. Recognized as a valuable asset in developing controls strategies by several large clients. Technical Experience: • Modicon Quantum/Momentum PLCs • Schneider Systems Platform (Archestra) • Wonderware Intouch • Allen-Bradley PLC-5/SLC/ControlLogix • Allen-Bradley FactoryTalk View • Allen-Bradley DLR/ControlNet/DeviceNet • Bedrock Controllers • Ignition (Gold Certified) • Win911 alarm paging software • Schweitzer Labs Protective Devices • IEC-61131-3 Standard • Microsoft SQL Server / Office • Microsoft Visual Studio C++/C# DotNet DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 18 | Page Spencer Keusch – Lead SCADA Analyst Professional Experience: Education • Work daily with business partners and product vendors to find solutions for oil and gas related projects within the central valley. • Utilize a variety of HMI and OIT software packages to facilitate creation, additions and modifications of applications from inception to commissioning. • Consult with Engineers and Analysts to coordinate process control and philosophies for the multitude of scenarios included in every project. • Involved with data collection from initialization to completion, on-site PLC checks, input generation, translation, implementation, testing and publishing. • Work alongside engineers, operators and business leaders to create and control the framework by which oil and natural gas production for many companies in the area. • Work maintaining the framework for data displays and historical reference for the primary system of data recollection. • System maintenance, data acquisition and implementation. Bachelor of Chemical Engineering, Purdue University, West Lafayette, IN Associate of Science, Vincennes University, Vincennes, IN Ignition Core Certified Horace P. Leighely Outstanding Chemical Engineer 2008 Qualification Summary: Automation Analyst with ten years’ experience proving HMI, PLC, and data support for various clients across multiple industries. Technical Experience: • Wonderware InTouch • ArchestrA System Platform • Ignition • Iconics Genx32 • OSIsoft PI • Visual Basic • RSLogix Suite and Tools • FactoryTalk • Aspen DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 19 | Page Jeff Ward – Lead Automation Analyst Professional Experience: Education • • Identify and perform predictive and preventative maintenance for MCC, PLC, networking hardware • Maintain, develop and upgrade PLC programs and HMI systems (WonderWare, PanelView, AB processors, Various Proprietary Systems) • On Call Technical Support for the site’s maintenance team • Develop and maintain site’s network domain and data backups • Advise and assist teams in developing 1, 3- and 5-year process development plans • Troubleshoot and locate defective devices, repair and replacement of field PLC’s, instrumentation and other electrical equipment. • Supervise installation of Scada Integration Systems for monitoring and control of steam and water flood systems • Provided consultative services for instrumentation and process design projects Associate of Science, Chemistry & Physics, Bakersfield College, Bakersfield, California Associate of Science, Vincennes University, Vincennes, IN Qualification Summary: Automation Analyst with ten years’ experience providing HMI, PLC, and data support for various clients across multiple industries. Technical Experience: • Wonderware InTouch • ArchestrA System Platform • Ignition • RSLogix5000,..RSLogix500, RSLogix5, FactoryTalkView • GE iFIX HMI • Modicon NXT, ProWorx32, and Unity DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 20 | Page ORGANIZATION CHART Below is a sample organization chart of Aspect’s key personnel. This is not a complete company organizational chart and only reflects key personnel listed within this RFQ. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 21 | Page REFERENCES The following pages describe our clients and reject relevant projects: Client Reference Projects California Water Service Contact: Gary Witcher, Manager of Water Treatment 3725 S H St, Bakersfield, CA 93304 Phone: 661-872-6400 Email: gwitcher@calwater.com Cal Water's Bakersfield District was formed in 1926 with the purchase of Bakersfield Water Works. CWS operates the City of Bakersfield water system through an operations and maintenance contract. They proactively maintain and upgrade their facilities to ensure a reliable, high-quality supply. To meet their Bakersfield customers' needs, they use a combination of local groundwater produced by 77 active wells (treated where necessary to improve taste and odor), surface water from the Kern River (treated with highly advanced membrane filtration), and treated water purchased from the Kern County Water Agency. CWS meets their customers' needs using a combination of local groundwater produced by 51 active wells (treated where necessary to improve taste and odor), surface water from the Kern River (treated with highly advanced membrane filtration), and treated water purchased from the Kern County Water Agency. The City of Bakersfield, with the assistance of Cal Water, proactively maintains and upgrades its facilities to ensure a reliable, high-quality supply. Aspect’s on call support contract covers the requirements for on -call ICS and SCADA support of assets, facilities, documents and other related items and information for project(s) related to the water treatment facilities. The services are in accordance with the established asset management guidelines and processes, and include the following tasks: Required response times for emergency support; • Phone Support- one hour • Remote Dial-In Support- one hour • On Site Support- four hours Provide supplemental staffing services as needed. The supplemental staffing services and scope of work are determined specific to the project or contract. Completed design of new SCADA system at Northwest Bakersfield Water Treatment Plant to replace antiquated control system. Full redevelopment in new platform with no conversion; provided High Performance Graphics for all control screens. Completed design of new SCADA system at Redwood Valley Water Treatment Plant to replace antiquated control system. Full redevelopment in new platform with no conversion; provided High Performance Graphics for all control screens. Rewrote PLC logic for Finished Water Pumps to convert from proprietary communication devices to DeviceNet to allow for process details to be read from starters to provide insight to pump failures. Rewrote PLC logic for existing water treatment skid in Kernville, CA to provide control system based on pressure rather than flow, to allow for tighter control process and reduce unnecessary backwash and air scrub cycles. Programming and commissioning of Sediment Basin with moving screens and aerators to allow for increase of plant capacity by additional 6MGD. Tehachapi-Cummings County Water District Contact: Paul Dutcher, Controls & Emissions Technician 22901BanducciRoad Tehachapi, CA 93561 Phone: 661-822-5504 Email: pdutcher@tccwd.com Tehachapi-Cummings County Water District (TCCWD) is located in the Tehachapi Mountains, east of the Southern San Joaquin Valley and encompasses approximately 266,000 acres. TCCWD provides an imported water supply, water resource management and flood protection to the public in a safe, reliable and environmentally sensitive way. The local groundwater supply is located in three basins, which are the Brite, Cummings and Tehachapi Basins. The District imports State Water Project water from the California Aqueduct. Aspect Engineering Group’s Project Work (to date) for TCCWD includes the following: • Designed, built, commissioned Solar Recharge Ponds for returning excess production water to recharge water table at key points throughout Tehachapi. • Rewrote PLC controls for sixteen Natural Gas Engines (12 Cylinder) with a combined rate of 112SCFM. Rewrote entire Lead/Lag/Standby logic, convert from Modbus serial controls to Modbus TCP, rewrite logic for safety system to pr event crank on systems with potential maintenance concerns. • Created SCADA historical system to convert from datalogger to Microsoft SQL Standard platform with dynamic trending for flow pacing and recharge rates. Converted local historical data to databases, attached new databases to server, upgraded control system from FactoryTalk View Site Edition Local 7 to FactoryTalk View Site Edition Local 11. • Created SQL utilities to provide views for connected databases, automatic backup and health status, established user roles for data consumers vs authorized personnel for database management. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 22 | Page Goleta Water District Contact: Daniel Guest Capital Project Lead 4699 Hollister Avenue Goleta, CA 93110 Phone- 805-964-6761 Email: dguest@goletawater.com Established on November 17, 1944, the Goleta Water District encompasses an area extending along the south coast of Santa Barbara County west from the Santa Barbara city limits to El Capitan. The District, which spans approximately 29,000 acres, is bound on the south by the ocean and on the north by the foothills of the Santa Ynez mountains. GWD uses 270 miles of pipeline to provide water to approximately 87,000 people. Aspect Engineering Group’s Project Work (to date) for GWD includes the following: • Provided programming assistance in recovering from improper configuration of redundancy failover of Quantum PLC and restoring system to running state • Programming and HMI tasks for installation of new instrumentation at main treatment facility as well as remote sites around Santa Barbara • Programmed remote well facilities and tank blending operation to provide state allotted introduction of backwash water limit to production system • Programming of advanced Lead/Lag1/Lag2 Controls for Pump Stations and Reservoirs • Creation of PLC Programming Standards to be used throughout District. The standards were created using the District’s existing PLC Platform (Modicon) and developed within Unity Pro. Carpinteria Valley Water District Contact: Greg Stanford, Operations & Maintenance Manager 1301 Santa Ynez Ave, Carpinteria, CA 93013 Phone: 805-684-2816, Ext 114 Email: greg@cvwd.net The Carpinteria Valley Water District's (CVWD) mission is to provide potable water to all residential, commercial and agricultural customers in the Carpinteria Valley at a reasonable cost. Established in 1941, the Carpinteria Valley Water District is located in the southern coastal portion of Santa Barbara County and includes the City of Carpinteria. The District, which spans approximately 11,300 acres, is bound on the south by the Pacific Ocean and on the north by the foothills of the Santa Ynez mountains. CVWD uses 75 miles of pipeline to provide water to approximately 15,494 people. Aspect Engineering Group’s Project Work (to date) for CVWD includes the following, as well as providing ‘On Call’ Support: • Performed an RS SI audit to determine quality of radio signals at each facility • Performed a traceroute at each radio to determine length of time for packet delivery to determine if SCADA system has proper timeout protocols • Performed distance calculation to ensure that each endpoint radio is within recommended tolerance for minimum mounting height • Performed master radio scan from repeater (Access Point) location to validate signal quality received by SCADA system Aspect Engineering also developed a data migration plan to export/import historical data from the legacy Intouch Historian database into the current production Ignition platform. Aspect Engineering developed a plan to automate recurring weekly and monthly reports that were originally created by manually entering data from the HMI screens. • Analyzed legacy and production historian databases for tag count and data points • Developed migration strategy (what tags and how far back) • Developed legacy to production data mapping • Built and configured test environment • Developed and tested procedures to export/import data to production system • Developed and executed migration plan (including rollback) • Provided 30 days support and data cleanup - historian • Analyzed recurring weekly and monthly reports for system and user requirements • Developed automation report strategy including data source and frequency • Developed and tested automated reports • Deployed automated reports • Provided 30 days support and data cleanup – reporting DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 23 | Page Purissima Hills Water District Contact: Patrick Walter, General Manager 26375 Fremont Rd, Los Altos Hills, CA 94022 Phone: 650-948-1217 Email: pwalter@purissimawater.org Purissima Hills Water District (PHWD) is a County Special District serving drinking water to approximately 6,400 residents and 10 institutional customers in Los Altos Hills. PHWD water is purchased from the San Francisco Public Utility Commission (SFPUC) which collects and stores rain and snowmelt from the Sierra Nevada Mountains. This source is high quality, soft water. No groundwater is delivered to PHWD. The District is governed by an elected Board of Directors composed of five members. A General Manager oversees District operations performed by two office staff and four field crew. Aspect Engineering Group’s Project Work (to date) for PHWD includes the following: (Lookout HMI / Wonderware HMI Conversion Project) • Front End Design • Facilitated HMI Design reviews • Developed screen prototypes for Operations approval • Development and Commissioning • Developed and tested HMI screens per review results • Developed HMI deployment plan (including rollback) • Executed deploym ent plan Lamont Public Utility District Contact: Jon Turner, PE, Principal at Phoenix Civil Engineering (LPUD’S – District Engineer) 535 E. Main St., Santa Paula, CA 93060 Phone: 805-626-2100 Email – jturner@phoenixcivil.com The District is located in the southern end of the San Joaquin Valley in California, Kern County, approximately 10 miles south/southwest of City of Bakersfield. It currently consists of a single service area, wastewater treatment plant (WWTP) and effluent use areas. As of January 2015 provides approximately 3,900 water serve connections. This service area encompasses the communities of Lamont and Weedpatch, along with some undeveloped lands in the immediate vicinity. Aspect Engineering Group’s Project Work (to date) for LPUD includes the following: • Design, programming, installation of automated alarming system for well facilities and provided call-out alarms for critical systems. • SCADA programming of remote well sites to provide remote control of critical infrastructure and addition of new sites to provide water storage for the City of Lamont, CA • Radio analysis and design to provide reliable communications between remote well facilities. Chevron Chevron’s San Joaquin Valley Business Unit is California’s largest producer in net oil-equivalent. Net daily production in 2016 averaged • 16,000 wells in operation • 159,000 barrels of crude oil • 54 million cubic feet of natural gas • 3,000 barrels of NGLs Majority of the production is from Chevron-operated leases that are part of three major crude oil fields in the San Joaquin Valley – Kern River, Midway Sunset and Cymric. Chevron leverages leading-edge heat management capabilities in the recovery of these hydrocarbons, with emphasis on improved energy efficiency through new technology and processes. Project Summary: Process Automation Systems upgrade & SCADA Infrastructure support at Coalinga plants: (1 water cleaning plant and 3 oil cleaning plants) Timeline: 2016 - 2019 The scope included programming, testing, cut over, commissioning and hand over. Acquiring all services for each plants Process Automation System (PAS) implementation. The PAS was developed to reflect the requirements per the design basis. The work efforts primarily focused on PAS and IT/Network Configured the PAS to Chevron approved configuration guidelines/specifications detailed design doc umentation (P&IDs, Control Philosophies, SAFE Charts, Cause and Effect Diagrams, etc.) This included PLC (Control Logix), OIT (Allen Bradly Panel View) and HMI (Invensys ArchestrA) software development. Followed Chevron Requirements for Code development Updated the Field/Site Historian with tags from new control systems and work with the Chevron database administrators to provide them with all information requested by them including import sheet, tag cross reference sheet (Old Vs New Tags) etc. Created/configured alarm database following Chevron standards and recommendations. Incorporated Changes based on 30/60/90% Reviews conducted by SJV Codes & Specifications team. Configured PAS communications interfaces to Third Party Packages Ensured the configuration of the PAS is in compliance with CIRS/IP requirements Consolidated new HMI Application with the existing, Control room (Consoles) reorganizations, based on design approved with operations. Terminal Server configuration and deployment. Installation Power-up and Basic Checks DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 24 | Page Contact: Ed Neilands, Automation and Electrical Engineering Supervisor 9525 Camino Media, Bakersfield, CA 93311 Phone: 661-654-7662 Email: ed.neilands@chevron.com Commissioning & Start Up Support Conducted SAT (Full Function Test) and integrated SAT and prepare Certificates of Site Acceptance Maintained a written log of all field corrections and changes. The Log clearly identifies any Correction or Change and the approval record number. Implemented approved field corrections and changes System Maintenance Training for Operations Personnel Specific what –if operating scenarios developed for the HMI/OIT training shall also be used to familiarize trainees with the operation of the facility (e.g. how to identify and remedy a failed component) System Configuration Training for Analyst/Engineering Personnel Document Handover & Project Chevron Contact: Shahid Hafeez, Automation Engineer 9525 Camino Media, Bakersfield, CA 93311 Phone: 661-654-7000 Email: shafeez@chevron.com Eight Cogen Units - Modifications on Cogen Export/Import The Cogen process is used to feed large turbines, which are connected to a generator. The waste heat from the turbine goes into a heat recovery unit and creates steam that is pumped into the field for the heavy recovery system. The power generated is used in field operations. These combined heat and power (CHP) facilities are some of the most efficient power sources available for generating both electricity and steam with a single fuel source. Through cogeneration, Chevron’s operations use less total fuel and generate less greenhouse gas emissions than if steam and power were produced separately. Aspect Engineering Group’s Project Work (to date) on the Chevron Cogen plants includes the following: • Analyzed programs and required Watchdogs • Programmed PLCs with the required Watchdogs • Programmed OITs and HMIs for the Watchdog alarms • FAT PLCs programming modifications and preparations • Commissioning, Function Testing, and signoffs Aera Energy, LLC Contact: John Popplewell, Field Automation Engineer 66893 Sargents Road, San Ardo, CA 93450 Phone: 831-385-7700 Email: jspopplewell@aeraenergy.com Aera is one of California's largest oil and gas producers, accounting for nearly 25 percent of the state's production. Formed in June 1997 and jointly owned by affiliates of Shell and ExxonMobil, Aera has operated as a stand-alone company through their own board of managers. Industry leaders that specialize in tapping heavy oil and other unconventional light reservoirs. With headquarters in Bakersfield, most of Aera’s production is centered in the San Joaquin Valley. They also have oil field operations in Ventura and Monterey counties. Aera produces about 121,000 barrels of oil and 31 million cubic feet of natural gas each day and has proved oil and gas reserves equivalent to approximately 440 million barrels of oil. Project Summary: San Ardo Water Plant Upgrade – 2015-2017 The San Ardo field is located about twenty miles north of Paso Robles, CA. Aspect finished a water cleaning facility at San Ardo, with nearly five hundred IO points distributed across three PLC 5s, and migrated them into a single redundant pair of L75s with distributed IO on a DLR (Device Level Ring) Aspect was responsible for: • The design of communication networks • PLC upgrades (from PLC5/SLC to ControlLogix) in the central treating facilities. • Producing up-to-date P&IDs, network design drawings; power, I/O and communication panel design drawings, • Implementation of the new programs, and cutover/commissioning. • Conversion to Inductive Automation’s Ignition platform. • Migrating PLC 5 programs to ControlLogix and CompactLogix. • Analysis of the existing logic and panel wiring, • Writing the control narrative • Design of the new PLC racks and communication networks • Preparation of panel drawings • Develop FAT and commissioning scripts and performing the actual cutover of the live system. • Implementing SLC messaging on the ControlLogix to minimize the change effort on surrounding systems like HMIs and OITs. • Develop and implement efficient, standardized code library we use on both platforms (ControlLogix, CompactLogix), and follow a rigorous procedure to analyze the existing system, and model the new system according to the ISA S95 standard. Rate Sheet DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 25 | Page Resource Descriptions Automation Engineer: Supports engineering with project management, manages automation projects. Design and deploy strategy concerning automation, machinery control. Leads productivity improvement projects through automation optimization. Conducts and evaluates studies concerning control systems and standardization Develop, program, implement Level 1 and Level 2 automation/data collection. Has knowledge with project network layouts/ cabinets/ operation station/ instrumentation and sensors layout PLC- cabinet and layout, remote control panel/cabinet I/O/ drives, ladder logic/ Allen Bradley Has knowledge of power distribution/ line diagrams/ power diagrams Supports construction and fabrication of new / revamp of existing equipment Development of engineering technical specifications as required by projects Follows all work instructions, specifications and related requirements Works with operations to achieve improvements in the process. Follows all related work instructions, specifications, and requirements. Follow all Company Rules, Procedures, Safety Rules and Policies. Bachelor’s Degree in Electrical Engineering and/or electronic system technology or equivalent. PLC programming, troubleshooting and automation experience Experience in electrical, plumbing, pneumatic, hydraulic systems preferred General tooling knowledge as it pertains to machining of metal. Good working knowledge of continuous process principles. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 26 | Page Automation Analyst: Perform trend analysis of incoming data patterns from various field devices on a regular basis for possible anomalies and work with support team to determine the best course of action for problem resolution. Maintain and/or enhance complex automation system platforms by providing support for the system software specific to oil and gas production related data collection, alarming, and data presentation. Provide technical assistance for the design, selection, installation, configuration, operation, maintenance, and troubleshooting of all elements of the Company’s SCADA and communications systems by directing, coordinating, evaluating, and supervising the work of employees in the maintenance, troubleshooting, repair, and construction activities. Work with company and contract personnel to plan, design, install, configure, program, maintain, and modify automation equipment installations. Work with external alarming and reporting packages. Assist with training of field personnel on the operation of the automation systems. Instrumentation & Control Designer Instrument selection, specification, and detail design. Installation details and location plans. Preparation of instrument data sheets. Development of P&ID’s Preparation of logic, wiring and loop drawings Implementing project CAD procedures and guidelines. Monitoring CAD files for compliance with project standards, guidelines, and procedures. Developing and enhancing project CAD systems. Responsible for instrumentation CAD drawings, checks and the overall presentation and layout. Co-ordination of drawing packages for issue and preparing issue folders for electronic files. Establishing and maintaining the interface with department 3D models and reference 2D backgrounds from model. Working with the Document Control Department to implement and maintain Electronic File Naming Conventions and the overall drawing register. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 27 | Page Position Title Hourly Rate Overtime Rate Automation Engineer $140.00 $175 Automation Analyst $120.00 $150 I&C Designer $88.00 $109 Mileage IRS RATE Overnight Per diem $300.00 Vehicle $25.00 /day Emergency On-Call Rates Scheduled Work Emergency Weekday 7am - 5pm Weekday 5pm - 7am Weekend Hours Professional Services Standard Remote Support Mobilization Onsite Remote Support Mobilization Onsite Remote Support Mobilization Onsite Rate Engineering Support $ 140.00 $ 140.00 $ 190.00 $ 190.00 $ 190.00 $ 190.00 $ 190.00 Drafter / Designer $ 88.00 $ 88.00 $ 88.00 $ 109.00 $ 109.00 $ 109.00 $ 109.00 Project Manager $ 88.00 $ 88.00 $ 88.00 $ 109.00 $ 109.00 $ 109.00 $ 109.00 PLC Application Programmer $ 120.00 $ 120.00 $ 175.00 $ 175.00 $ 190.00 $ 175.00 $ 190.00 SCADA Application Programmer $ 120.00 $ 120.00 $ 175.00 $ 175.00 $ 190.00 $ 175.00 $ 190.00 Field Service Engineer / Specialist $ 120.00 $ 120.00 $ 175.00 $ 175.00 $ 190.00 $ 175.00 $ 190.00 Network / Communications Engineer $ 120.00 $ 120.00 $ 175.00 $ 175.00 $ 190.00 $ 175.00 $ 190.00 System Architect $ 140.00 $ 140.00 $ 190.00 $ 190.00 $ 190.00 $ 190.00 $ 190.00 ***Aspect will charge a 15% mark up on all procurement and sub-contractor labor that directly goes through Aspect Engineering and a two hour minimum for telephone support at0 the programmers discretion. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 28 | Page Explanation of Disqualification Aspect Engineering has never been removed from a project or disqualified from bidding on the project. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 29 | Page Work Program Proposals by Aspect Engineering are made with much care and detail in order for the customer to understand the scope or approach we intend to take. Depending on the Complexity of the work requested, will correspond to the detail in the proposal. Aspect Engineering does not provide any Electrical work directly; however, we work with Twin Electric who can provide us with lump sum bids based on prevailing wages of the area the work in preformed. We will also work with any onsite electrician or maintenance personnel and provide direction for the work. We are well positioned to do this as many of the programmers at Aspect are either Former Electricians or have heavy experience in PLC electrical systems. An example of an Aspect Simple Proposal would be: Task Hours Cost Discovery and Gap Analysis 22 $ 2,640.00 HMI Mapping 11 $ 1,320.00 OIT 54 $ 6,480.00 PLC 54 $ 6,480.00 Drawings 33 $ 3,960.00 FAT 33 $ 3,960.00 Commissioning 22 $ 2,640.00 Meetings 4 $ 480.00 QA/QC & Supervision 30 $ 3,600.00 Mileage $ 308.56 Per Diem $ 600.00 PMO (10.0% on labor) $ 3,156.00 Contract Labor $ 3,929.35 Total $ 39,553.91 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Aspect Engineering Group City of San Luis Obispo RFQ 30 | Page Here is a example of a more complex project: Task Hours Cost HMI Design Historian Configuration 36 $ 4,320.00 Operator Workstation Configuration 9 $ 1,080.00 HMI Develop Create Reports 36 $ 4,320.00 Create AP6 Skid HMI Screens 36 $ 4,320.00 Create AP4 HMI Screens 36 $ 4,320.00 Create remaining screens 27 $ 3,240.00 conform popups to work with newly developing AOI PLCs 18 $ 2,160.00 Create PLC Diagnostics Screens for PLCs 9 $ 1,080.00 Create Trending 18 $ 2,160.00 Create Alarming within Clear SCADA 18 $ 2,160.00 Create Alarm Call Out Roster and Connections 9 $ 1,080.00 PLC Merge Plant PLC and Skid Logic 63 $ 7,560.00 Configure DLR 9 $ 1,080.00 Documentation Create Operator Training Manual 18 $ 2,160.00 Create Dream Reports Training Manual 9 $ 1,080.00 Create FAT and SAT Test Scripts 18 $ 2,160.00 Create Commissioning Test Plan 18 $ 2,160.00 QA/QC Meetings 9 $ 1,080.00 Supervision 57 $ 6,840.00 Commissioning Perform FAT 72 $ 8,640.00 Perform SAT 27 $ 3,240.00 Install Servers and View Nodes 18 $ 2,160.00 Install Historian 9 $ 1,080.00 Commission and Verify HMI, Historian, and Alarm Callout and PLC 36 $ 4,320.00 Install and Test DLR 18 $ 2,160.00 Mileage $ 402.00 Per Diem $ 1,500.00 PMO (10.0% on labor) $ 6,840.00 Contract Labor $ 30,000.00 Total $ 114,702.00 *note these are just examples and are not to be taken as guides of how long aspect will always take for certain tasks. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -13- PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined [__________] which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: BID ITEM: Total Base Price Sales tax [] Other TOTAL $ Delivery of equipment to the City to be within _______ calendar days after contract execution and written authorization to proceed. Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date E NOTES ON THIS SAMPLE FORM This is the City’s “basic” submittal form, and something like it should accompany all proposals, even if: a combined “description of work/detailed proposal submittal form” (like Sample E) is required; or price information is not requested (like Sample F). Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 18 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -14- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 19 20 Goleta Water District Daniel Guest 805-698-0776 4699 Hollister Ave Goleta CA 93110 On-Call /Emergency Services as well as Capital Project Programming Services and procurement. Contract Amount: $700,000 City of Santa Barbara Caitlin Walker 805-897-1908 PO Box 1990 Santa Barbara, CA 93102 On-Call /Emergency Services as well as Capital Project Programming Services and procurement. Contract Amount: $250,000 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -15- Reference No. 3 Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 20 California Water Services Gary Witcher 661-872-6400 3725 S H Street Bakersfield, CA 93304 On-Call /Emergency Services as well as Capital Project Programming Services and procurement. Contract Amount: $500,000 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -16- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼Do you have any disqualification as described in the above paragraph to declare? Yes No ◼If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 21 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -17- EXHIBIT A : FORM OF AGREEMENT CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT This agreement (Agreement) is made and entered into in the City of San Luis Obispo on [date], by and between the City of San Luis Obispo, a municipal corporation and charter city (City) and [Contractor] (Contractor). WITNESSETH: WHEREAS, the City requested qualifications for SCADA Support Services (the “Services”); and WHEREAS, Contractor is qualified to perform this type of Services and has submitted a [proposal/quote] to do so, which has been accepted by City; and NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1.TERM. The term of this Agreement shall commence on the Effective Date and end five years thereafter. 2.INCORPORATION BY REFERENCE. City Notice Requesting Qualifications for SCADA Support Services and Consultant's proposal dated [date] are hereby incorporated in and made a part of this Agreement, attached as Exhibit A. [If no RFP attach Contractor/Consultant Proposal As Exhibit A]. The City’s insurance requirements are hereby incorporated in and made part of this Agreement, attached as Exhibit B. [Check with the City’s Risk Manager as to the risk level of the Agreement and to verify Consultant has sufficient insurance coverage for that risk level BEFORE routing the Agreement to the Parties.] [If an RFP was done, the Contractor/Consultant Proof of Insurance should be with their bid package and can be attached and incorporated by reference in Exhibit A. You can remove the insurance as Exhibit B]. If no RFP; then you must attach the insurance proof as Exhibit B] To the extent that there are any conflicts between the Consultant’s fees and scope of work and the City’s terms and conditions as stated herein, the City’s terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both Parties. 3.CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation per project as set forth in Exhibit A. 4.CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement including that work as set forth in Exhibit A. 5.PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that Contractor is required to pay. 6.LICENSES AND PERMITS. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary under this Agreement. Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 22 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -18- 7. COMPLIANCE WITH LAW. The Contractor shall keep itself informed of and shall observe and comply with all applicable State and Federal laws and regulations, and county and City of San Luis Obispo ordinances, regulations and adopted codes, which in any manner affect those employed by Contractor or in any way affect the performance of the Services pursuant to this Agreement. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. 8. COMPLIANCE WITH INDUSTRY STANDARD. Contractor shall provide services acceptable to City in strict conformance with the Agreement. Contractor shall also provide services (including but not limited to service levels and operation levels) in accordance with the standards customarily called for under this Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where approval by the City, the City Manager, the Mayor, or other representative of City is required, it is understood to be general approval only and does not relieve Contractor of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices. 9. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor 's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 10. PRESERVATION OF CITY PROPERTY. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from Contractor’s operations, it shall be replaced or restored at Contractor’s expense. The City’s facilities shall be replaced or restored to a condition as good as when the Contractor began the work. 11. IMMIGRATION ACT OF 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of the Services that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the Services hereunder. 12. NON-DISCRIMINATION. In the performance of the Services, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 23 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -19- 13. WORK DELAYS. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the Agreement, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the cause of the same. 14. PAYMENT TERMS. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 15. PAYMENT TECHNOLOGY – The City utilizes Chase Paymentech (aks Orbital, NetConnect) as the preferred credit card merchant processor. Contractor must utilize a compatible payment gateway in order to process electronic credit card payments. Exceptions can be evaluated and approved at Finance Director’s discretion. 16. INSPECTION. City shall at all times have the right to inspect the work being done under this Agreement and Contractor shall furnish City with every reasonable opportunity and assistance required for City to ascertain that the Services of the Contractor are being performed in accordance with the requirements and intentions of this Agreement. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations under the Agreement. 17. CONFIDENTIALITY. Contractor agrees that any and all information and data furnished by City shall be deemed proprietary and confidential. All such information, to the extent previously, presently or subsequently disclosed to Contractor and/or processed and derived by Contractor services is the property of City and such property shall be deemed and treated as “Confidential Information” of the City. Contractor acknowledges that such Confidential Information may contain information provided and/or generated by third parties. Contractor agrees that such Confidential Information shall not be disclosed to any third party without written consent from City, except as required by law, including but not limited to a subpoena, court order, or a request pursuant to the California Public Records Act. Contractor shall not use City’s Confidential Information except to perform Contractor’s Services as directed by the Agreement. 18. OBLIGATIONS UPON TERMINATION. Upon termination or expiration of this Agreement, Contractor will ensure that all Confidential Information is securely transferred to City within thirty (30) calendar days. Contractor shall ensure that any transfers of Confidential Information is accomplished by methods that are compatible with relevant City systems, and that City will have access to all Confidential Information during any such transfer. Contractor shall securely dispose Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 24 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -20- of all Confidential Information when requested by City and Contractor shall provide written notification to City once all Confidential Information has been securely disposed of. 19. DATA BREACH. a. Contractor shall report to City any data breach, as defined herein, as soon as possible but no later than twenty-four (24) hours after Contractor discovers such breach. Breach is defined as unauthorized acquisition or reasonable belief of unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of Confidential Information maintained by Contractor. Contractor agrees to take commercially reasonable measures to address Breach in a timely manner. Except as otherwise required by law, Contractor shall not provide notice to end users or other entities of any Breach without written permission from City. Contractor shall begin remediation of the Breach immediately. Contractor shall provide daily updates, or more frequently if desired by City regarding findings and actions performed by Contractor until the Breach has been effectively resolved to City’s satisfaction. Contractor shall conduct an investigation of the Breach and shall share the report of the investigation with City. At City’s sole discretion, City and its authorized agents shall have the right to lead or participate in the investigation. Contractor shall cooperate fully with City and its agents and law enforcement. b. Contractor shall promptly reimburse City in full for all fees and costs incurred by City in any investigation, remediation, or litigation resulting from any Breach, including identity protection and restoration services for each person, who in the City’s sole discretion, could by impacted by identity theft. 20. LOCATION OF DATA & DISASTER RECOVERY. At all times during the Term of this Agreement, Contractor shall physically store and maintain Confidential Information provided by City within the continental United States (“Data Center”). At all times during the Term of this Agreement, Contractor acknowledges that its disaster recovery sites must be within the continental United States, but geographically separate from the location where City’s Confidential Information is physically stored and maintained. 21. DATA SECURITY. Contractor shall ensure that all Confidential Information stored or at rest in Contractor’s Data Center, or in transport, will be encrypted in transport and will not be transferred to any other hosting entity without the written consent of City. 22. ONLINE & HOSTING FACILITY SECURITY. All facilities, devices, networks and services used to store, deliver, process, backup or purge Confidential Information will employ administrative, physical, technical, and procedural safeguards and best practices at a level sufficient to secure Confidential Information from unauthorized access, destruction, use, modification, or disclosure. Such measures will be no less protective than those used to secure Contractor’s own information of a similar type, and in no event less than reasonable in view of the type and nature of the information involved. 23. AUDIT. Where applicable, as determined in City’s sole discretion, Contractor shall acquire, on an annual basis at Contractor’s sole expense, a confidential Service Organization Control (SOC) 2 Report on its systems examining logical security controls, physical security controls, and system availability, as produced by a third-party auditor in relation to the services provided by Contractor through this Agreement (“SOC 2 Report”) and provide such report to the City. The SOC 2 Report Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 25 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -21- will constitute Confidential Information as defined by this Agreement and be maintained in the manner set forth in this Agreement. Further, the City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 24. AVAILABILITY OF DATA. In the absence of a documented Service Level of Agreement provided by Contractor, Contractor guarantees 99.99% availability of its services offered to City through this Agreement. Contractor acknowledges that if Contractor’s services experience downtime, meaning any instance where the Contractor’s services provided this Agreement are unavailable to the City, other than scheduled downtime or for reasons beyond Contractor’s control, for fifty- two (52) minutes total or more in a calendar year, City shall receive the following credit: for every fifteen (15) minutes of downtime, City will receive a credit equal to 5% of City’s annual fee for Contractor’s affected services, divided by twelve (12). To receive a credit, City shall request the credit in writing and provide documentation of communications with Contractor (calls, e-mails, support tickets, logs, or other monitoring) demonstrating and reporting downtime within thirty (30) days of the downtime exceeding fifty-two (52) minutes in a calendar year. 25. RIGHTS IN DATA. If, in connection with the services performed under this Agreement, Contractor or its employees, agents, or subcontractors, create artwork, audio recordings, blueprints, designs, diagrams, documentation, photographs, plans, reports, software, source code specifications, surveys, system designs, video recordings, or any other original works of authorship, whether written or readable by machines (“Deliverable Materials”), all rights of Contractor or its subcontractors in the Deliverable Materials, are the sole property of City. Contractor, including its employees, agents, and subcontractors, may not use any Deliverable Material for purposes unrelated to Contractor’s work on behalf of the City without the prior written consent of the City. 26. SOFTWARE LICENSING. Contractor represents and warrants that the software, if any, as delivered to the City, does not contain any program code, virus, worm, trap door, back door, timer, or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically, upon the occurrence of licensor-selected conditions or manually on command. Contractor further represents and warrants that all third-party software, if any, delivered to City or used by Contractor in the performance of the Contract, is fully licensed by the appropriate licensor. 27. INTELLECTUAL PROPERTY WARRANTY AND INDEMNIFICATION. Contractor represents and warrants that any materials or deliverables provided under this Agreement (“Deliverable Materials”) are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent, or other intellectual property rights of any third party or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark, or patent infringement, City shall have the right, in its sole discretion, to require Contractor to provide, at Contractor’s own expense, new non-infringing materials, deliverables, or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Contractor further agrees to indemnify, defend, and hold harmless the City, its officials, employees, and agents (“City Indemnitees”) from and against any and all claims, actions, costs, judgements, or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services, or works provided under this Agreement infringe the copyright, trademark, patent, or other intellectual property or proprietary rights of any third party (“Third Party Claim of Infringement”). Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 26 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -22- If a Third-Party Claim of Infringement is threatened or made before Contractor receives payment under this Agreement, City shall be entitled, upon written notice to the Contractor, to withhold some or all of such payment. In the event the City Indemnitees are made a party to any actions, lawsuit, or other adversarial proceeding arising from any Third Party Claim of Infringement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of the defense, including reasonable legal fees, incurred in defense of such claims. 28. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not limited to California Civil Code Section 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“Claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made party to any actions, lawsuit, or other adversarial proceeding arising from the Contractor’s performance or nonperformance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees for their costs of defense, including reasonable legal fees, incurred in defense of such Claims. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. 29. TERMINATION FOR CONVENIENCE. At any time during the term of this Agreement, the City has the right to terminate this Agreement upon thirty (30) days’ written notice to the Contractor. Should the City terminate this Agreement for convenience, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s direction as to work in progress. 30. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a ten (10) calendar day notice of time thereafter in which to perform said work or cure the deficiency. a. If the Contractor has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except to comply with the obligations upon termination set forth in Section 15 of this Agreement. b. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 27 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -23- or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work or services performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-in-progress in completing the overall scope. c. The City reserves the right to delay such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 31. INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and made part of this Agreement. 32. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 33. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 34. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 35. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 36. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 37. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the appropriate review authority according to the City’s Financial Management Manual. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized by the City in advance and in writing. 38. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 28 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -24- understanding, or representation be binding upon the parties hereto. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 39. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: To City: [DEPT] City of San Luis Obispo [ADDRESS] Attention: City Clerk To Contractor: Name Mailing Address 40. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. 41. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY CONTRACTOR _______________________________ By: [Name] Its: [Title of City Manager or Department Head] _______________________________ By: [Name] Its: [Title] APPROVED AS TO FORM: _______________________________ By: J. Christine Dietrick, City Attorney ______________________________ By: [Name] Its: [Title] Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 29 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -25- Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 30 Aspect Engineering takes no exceptions to the contract as shown in the example above. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 Question and Answers for Bid #2305-001 - Notice Requesting Proposals / Qualifications for SCADA Support Services Overall Bid Questions There are no questions associated with this bid. Question Deadline: Jun 1, 2023 7:00:00 AM PDT Bid 2305-001City of San Luis Obispo 5/17/2023 5:53 PM p. 31 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 !"##$!%&’($&’’%&)%’%*!"+$&(&$ !"##!$ ,-.,-/0 10202 0/0 &’’"3$$#/&4!"4%%"/"53"’%!*$#&%6!3&(47 Aspect Engineering Group Policy # EPK-141108 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 !"##$!%&’($&’’%&)%’%*!"+$&(&$ !"##!$ ,- .,- /01 0 2 022 3 %4 ,-1 5 &’(&6117 61 8 , 1 - 0 02 0 ,-09 &)( 02 2 . 0 83 &’’":$$#/&;!";%%"/"<:"’%!*$#&%=!:&(;3 Aspect Engineering Group Policy # EPK-141108 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Notice Requesting Proposals / Qualifications for SCADA Support Services The City of San Luis Obispo is requesting sealed proposals for SCADA Support services. All firms interested in receiving further correspondence regarding this Request for Qualifications (RFQ) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before June 8, 2023 when they will be opened electronically via BidSync on the proposal end date and time. The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obipso, 990 Palm Street, San Luis Obispo, CA, 93401. Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Josh Erquiaga, jerquiag@slocity.org, with any questions. For technical help with BidSync please contact BidSync tech support at 800-990-9339. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 TABLE OF CONTENTS A. INTRODUCTION ........................................................................................................................................... 1 B. SCOPE OF WORK ......................................................................................................................................... 1 C. GENERAL TERMS ........................................................................................................................................2 D. SPECIAL TERMS .........................................................................................................................................4 E. PROPOSAL CONTENT..................................................................................................................................6 F. INSURANCE.................................................................................................................................................10 G. SUBMITTAL FORM......................................................................................................................................13 H. REFERENCES................................................................................................................................................14 I. STATEMENT OF PAST DISQUALIFICATIONS..................................................................................................16 DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -1- A.INTRODUCTION Experience: Respondents must demonstrate experience with one or more of the following: 1.Allen Bradley PLCs 2.GE iFix 3.Ignition Perspective B.SCOPE OF WORK Technical Support: 1.Routine and Emergency troubleshooting: Provide the City with tiered technical support as follows: a.Immediate telephone support, available on a 24/7 basis. During business hours, the City will call project personnel directly. For support after working hours, provide a single telephone number for a person or an answering service who can contact the appropriate Consultant personnel for a call back within one hour. Consultant shall begin remote troubleshooting within two hours of receipt of notification by the City. b.Escalation to on-site support if deemed necessary to resolve the problem. Consultant shall be on site within 24 hours of receipt of notification that on-site support is necessary. 2.Programming support: Provide the City with PLC programming support. PLC programs developed for the City shall conform to the standards developed by the City. Capital Project Support: In addition to on-call technical support, from time to time, the City may have capital improvement projects that will require the addition or modification to facilities that are monitored and controlled by the SCADA system. When such projects occur, the City requires the SCADA System Integrator to implement the SCADA system design associated with the project. The Consultant’s scope of work associated with capital improvement projects will generally include the following tasks. 1.Design Support: During the design phase of a capital improvement project, the Consultant shall participate in design meetings with the City. Determine with the City how the project will be integrated, provide input regarding the project’s interface to the SCADA system, conduct workshops to develop functional specifications detailing the PLC I/O, alarms, set points, and control strategies, and review design submittals as they relate to SCADA. 2.Construction Phase Support: Review facility construction contractor submittals applicable to SCADA. a.Develop new and/or modify existing detailed SCADA supervisory control logic, screens, reports, etc. b.Implement and test PLC and HMI programming to the specifications. c.Conduct Factory Acceptance testing of revised SCADA system programming. d.Deploy the approved software to the live SCADA system, ensure the field equipment communicates properly, and conduct a witnessed site acceptance test showing the resulting system works to the specifications. All Deployments must be scheduled and coordinated with City Staff. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -2- e.Perform SCADA-related startup activities, assist with the startup of new processes, and conduct SCADA System Site Acceptance Testing. f.Provide training to the City’s operators on the changes to the SCADA system implemented on the project. The City will provide a location for the training to occur as well as equipment. C. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1.Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Qualifications (RFQ) project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFQ specifications. 2.Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit electronic please send your bid copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted. 3.Insurance Certificate. Each proposal must include a certificate of insurance showing: a.The insurance carrier and its A.M. Best rating. b.Scope of coverage and limits. c.Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4.Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total will be corrected to conform to the specified unit price. 5.Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the proposals. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -3- 6.Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. 7.Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 8.Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria. 9.Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision. 10.Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award. The contract shall be made in the form adopted by the City and incorporated in these specifications. CONTRACT PERFORMANCE 11.The City’s contract terms and conditions that [Contractor/Consultant] will be expected to execute and be bound by are attached hereto as Exhibit A DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -4- SPECIAL TERMS AND CONDITIONS 1.Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2.Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3.Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4.Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5.Contract Term. The supplies or services identified in this specification will be used by the City for five years. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6.Contract Extension. The term of the contract may be extended by mutual consent for an additional one-year, and annually thereafter, for a total of four years. 7.Supplemental Purchases Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 8.Contractor Invoices. The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -5- 9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 10.Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11.Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12.Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement. 13.Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 14.Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15.Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -6- PROPOSAL CONTENT 1.Proposal Content. Your proposal must include the following information: Submittal Forms a.Proposal submittal summary. b.Certificate of insurance. c.References from at least three firms for whom you have provided similar services. Qualifications d.Experience of your firm and those of sub-consultants in performing work and projects relevant to the Scope of Services outlined and described in the request. e.Resumes of the individuals who would be assigned to this project, including any sub- consultants, with their corollary experience highlighted and specific roles in this project clearly described. f.Standard hourly billing rates for the assigned staff, including any sub-consultants. g.Statement and explanation of any instances where your firm or sub-consultant has been removed from a project or disqualified from proposing on a project. Work Program h.Detailed description of your approach to completing the work. i.Detailed schedule by task and sub-task for completing the work. j.Estimated hours for your staff in performing each phase and task of the work, including sub-consultants, so we can clearly see who will be doing what work, and how much time it will take. k.Detailed budget by task and sub-task for completing the work. l.Services or data to be provided by the City. m.Services and deliverables provided by the Consultant(s). n.Any other information that would assist us in making this contract award decision. o.Description of assumptions critical to development of the response which may impact cost or scope. Requested Changes to Terms and Conditions p.The City desires to begin work soon after selecting the preferred Consultant Team and expects the Consultant to execute the City’s contract and all of the terms therein, as set forth in Exhibit A. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary. Please be advised that Consultant’s requested changes to the City’s terms and conditions will be considered by City staff when scoring and determining the competency and responsibility of the bidder. Proposal Length DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -7- q.Proposal length should only be as long as required to be responsive to the RFQ, including attachments and supplemental materials. 2.Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and evaluated on the following criteria: a.Understanding of the work required by the City. b.Quality, clarity and responsiveness of the proposal. c.Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d.Recent team experience in successfully performing similar services. e.Creativity of the proposed approach in completing the work. f.Value g.Writing skills. h.References. i.Background and experience of the specific individuals managing and assigned to this project. j.Information about how your company mitigates the environmental impact of its services, such as greenhouse gas emissions, amount of waste generated, water and energy use, or other areas related to your products and services. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 3.Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a.Issue RFP May 18, 2023 b.Receive proposals June 8, 2023 c.Complete proposal evaluations June 15, 2023 d.Conduct finalist interviews and finalize recommendation June 20, 2023 e.Execute contract June 22, 2023 4.Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. 5.Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -8- 6.Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 7.Required Deliverable Products. The Contractor will be required to provide: a.One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFQ. b.Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager: Word Processing: MS Word Spreadsheets: MS Excel Desktop Publishing: InDesign Virtual Models: Sketch Up Digital Maps: Geodatabase shape files in State Plan Coordinate System as specified by City GIS staff c.City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. ALTERNATIVE PROPOSALS 8.Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s). 9.Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to [number] public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work-scope tasks. 10.Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -9- ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence o f the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts provided there for in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -10- INSURANCE REQUIREMENTS The Contractor shall procure and maintain insurance for the duration of the contract against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1.Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2.Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 3.Cyber Security and Privacy Liability (for vendors providing hardware, pre-packaged software or portal access technology or IT consultants, systems analysts, website designers, online services and content providers, cloud-based providers, computer programmers, and software consultants, system installation or software personnel.) 4.Cyber Technology Errors and Omissions Insurance (for software as a service for vendors or consultants, including colocation (shared hosting centers), cloud services, managed dedicated servers, programmers, and other IT professionals.) Minimum Insurance Requirements. Contractor shall maintain insurance amounts of no less than: 1.General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit ($2,000,000) 2.Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3.Cyber Security and Privacy Liability: Consultant/Contractor shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor (first- party) or customer’s (third party) computer, computer system, network, or similarly related property and the data, software, and programs. d. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement. e. Costs associated with restoring, updating, or replacing data. f. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals. This coverage may be bundled into one policy or purchased as two separate policies. If coverage is maintained on a claims-made basis, Consultant/Contractor shall maintain such coverage for an additional period of three (3) years following termination of the contract. 4.Cyber technology errors and omissions insurance (as applicable). Consultant shall procure and DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -11- maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: a. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information(PHI). b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from the failure of technology products (software and hardware) required under the contract for Consultant to properly perform the intended services. d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services. g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights. h. Crisis management and other expert services. If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1.The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents, or volunteers. 2.For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3.The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -12- Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -13- PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined [__________] which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: BID ITEM: Total Base Price Sales tax [] Other TOTAL $ Delivery of equipment to the City to be within _______ calendar days after contract execution and written authorization to proceed. Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date E NOTES ON THIS SAMPLE FORM This is the City’s “basic” submittal form, and something like it should accompany all proposals, even if: a combined “description of work/detailed proposal submittal form” (like Sample E) is required; or price information is not requested (like Sample F). DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -14- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -15- Reference No. 3 Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -16- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼Do you have any disqualification as described in the above paragraph to declare? Yes No ◼If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -1- Information Technology The Contractor shall procure and maintain insurance for the duration of the contract against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1.Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2.Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 3.Cyber Security and Privacy Liability (for vendors providing hardware, pre-packaged software or portal access technology or IT consultants, systems analysts, website designers, online services and content providers, cloud-based providers, computer programmers, and software consultants, system installation or software personnel.) 4.Cyber Technology Errors and Omissions Insurance (for software as a service for vendors or consultants, including colocation (shared hosting centers), cloud services, managed dedicated servers, programmers, and other IT professionals.) Minimum Insurance Requirements. Contractor shall maintain insurance amounts of no less than: 1.General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit ($2,000,000) 2.Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3.Cyber Security and Privacy Liability: Consultant/Contractor shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: a.Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc. b.Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c.Liability arising from introducing a computer virus into or otherwise causing damage to vendor (first-party) or customer’s (third party) computer, computer system, network, or similarly related property and the data, software, and programs. d. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement. Exhibit B - INSURANCE REQUIREMENTS DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -2- e. Costs associated with restoring, updating, or replacing data. f. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals. This coverage may be bundled into one policy or purchased as two separate policies. If coverage is maintained on a claims-made basis, Consultant/Contractor shall maintain such coverage for an additional period of three (3) years following termination of the contract. 4. Cyber technology errors and omissions insurance (as applicable). Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: a. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information(PHI). b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from the failure of technology products (software and hardware) required under the contract for Consultant to properly perform the intended services. d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services. g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights. h. Crisis management and other expert services. If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 -3- by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents, or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/6/2023 License # 0D44424 (661) 316-5129 (661) 281-4992 44520 Aspect Engineering Group 8230 Espresso Drive Bakersfield, CA 93312 38342 A 1,000,000 X X EPK-141108 10/1/2022 10/1/2023 50,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B X X BA040000062206 10/1/2022 10/1/2023 2,000,000A X X EFX-121199 10/1/2022 10/1/2023 2,000,000 A Professional Liab EPK-141108 10/1/2022 Each Wrongful Act 1,000,000 A Pollution Liability EPK-141108 10/1/2022 10/1/2023 Each Condition 1,000,000 RE: Solicitation 2305-001 SCADA Support Services The City of San Luis Obispo, its officers, officials, employees, agents and volunteers are an Additional Insured and a Waiver of Subrogation applies with respect to General Liability and Auto Liability if required or agreed to in a written contract subject to all provisions and limitations of the policy per the attached form #EN0350-0217, EN0351-0217, EN0109-0211 and MCA85100817-CA. General Liability and Auto Liability coverage is primary and non-contributory per the attached form #EN0118-0211 and CA990187 0715. City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 ASPEENG02C CHENRY INSURICA / Walter Mortensen Insurance 8500 Stockdale Highway, Suite 200 Bakersfield, CA 93311 Celestine Henry, CISR Celestine.Henry@INSURICA.com Crum & Forster Specialty Insurance Company California Automobile Insurance Company 10/1/2023 X X X X X X X X DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 EN0118-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. A. SECTION III – WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to “claims” caused in whole or in part, by “your work” for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured’s sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for “damages” arising out of “your work” performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any “claim” to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985 EN0109-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Name of Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION VI – COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following: Solely as respects the person(s) or organization(s) indicated in the Schedule shown above, we waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for “damages” arising out of your ongoing operations or “your work” performed under a written contract with that person(s) or organization(s) and included in the “products- completed operations hazard”. However, this waiver shall not apply to “damages” resulting from the sole negligence of the person(s) or organization(s) indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. DocuSign Envelope ID: AB95BE59-FC28-475A-8499-B9E5BCD64985