REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES IN SUPPORT OF THE SCADA REPLACEMENTS PROJECT JOB 21266 PROPOSALS DUE: April 2, 2020 2:00 p.m. ALAMEDA COUNTY WATER DISTRICT 43885 South Grimmer Blvd., Fremont, California 94538-6348 (510) 668-4499 Engineering Office (510) 651-1760 Engineering Fax www.acwd.org
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
REQUEST FOR PROPOSALS
FOR PROFESSIONAL SERVICES
IN SUPPORT OF THE
SCADA REPLACEMENTS PROJECT
JOB 21266
PROPOSALS DUE:
April 2, 2020
2:00 p.m.
ALAMEDA COUNTY WATER DISTRICT 43885 South Grimmer Blvd., Fremont, California 94538-6348
(510) 668-4499 Engineering Office
(510) 651-1760 Engineering Fax
www.acwd.org
ALAMEDA COUNTY WATER DISTRICT
REQUEST FOR PROPOSALS
FOR PROFESSIONAL ENGINEERING SERVICES
SCADA REPLACEMENTS PROJECT
Table of Contents
1.0 INVITATION TO SUBMIT A PROPOSAL ...................................................................... 1
14.0 DATA AVAILABLE FROM ACWD ............................................................................... 23
List of Appendices
Appendix A – Contract for Professional Services Agreement Standard Form
Appendix B – Request for Proposal Non-Disclosure Agreements
Appendix C – Minimum Requirements Form
Appendix D – ACWD AutoCAD Standards
Appendix E – Existing SCADA Files and Communication Network Diagram*
* To be released upon execution of Non-Disclosure Agreement (See Appendix B) for release of
confidential documents/information for request for proposal.
RFP SCADA Replacements Project
Job No. 21266 1
ALAMEDA COUNTY WATER DISTRICT
REQUEST FOR PROPOSALS (RFP)
FOR PROFESSIONAL ENGINEERING SERVICES
SCADA REPLACEMENTS PROJECT
1.0 INVITATION TO SUBMIT A PROPOSAL
The Alameda County Water District (District or ACWD) supplies water to a population of over 357,000
in the cities of Fremont, Newark, and Union City. The District was established in 1914 by the state
legislature under the California County Water District Act and is governed by a five-member Board of
Directors. It was originally created to protect the groundwater basin, conserve the waters of the
Alameda Creek Watershed, and develop supplemental water supplies, primarily for agricultural use. In
1930, urban water distribution became an added function of the District. Today, the District provides
water primarily to urban customers.
ACWD invites your firm (“Proposer” or “Consultant”) to submit a proposal to provide engineering
consulting services in support of the SCADA Replacements Project, ACWD Job No. 21266 (Project).
A non-mandatory project briefing will be conducted at the ACWD Office, 43885 South Grimmer
Boulevard, Fremont, California at 8:30 a.m., March 12, 2020, with the District’s Project Engineer,
Rosy Chan. The purpose of the project briefing is to provide a project overview, present the draft scope
of services for this project and allow the consultants attending the meeting to ask questions about the
project and Request for Proposals (RFP).
Proposals will be received at the District Office, Engineering Department, 43885 South Grimmer
Boulevard, Fremont, California 94538, until 2:00 p.m., Pacific Standard Time (PST), April 2, 2020.
All responses to this RFP become property of the District and will be kept confidential until a
recommendation for award of a contract has been announced. Thereafter, submittals are subject to
public inspection and disclosure under the California Public Records Act (Cal. Govt. Code Sections
6250 et seq.). Therefore, unless the information is exempt from disclosure by law, the content of any
proposal, request for explanation, exception, or substitution, response to these specifications, protest, or
any other written communication between the District and any Proposer regarding the procurement,
shall be available to the public.
All responses to this RFP become property of the District and will be kept confidential until a
recommendation for award of a contract has been announced. Thereafter, submittals are subject to
public inspection and disclosure under the California Public Records Act (Cal. Govt. Code Sections
6250 et seq.). Therefore, unless the information is exempt from disclosure by law, the content of any
proposal, request for explanation, exception, or substitution, response to these specifications, protest, or
any other written communication between the District and any Proposer regarding the procurement,
shall be available to the public.
RFP SCADA Replacements Project
Job No. 21266 3
2.0 BACKGROUND
Multiple District facilities, including its treatment plants, water production wells, water storage facilities,
booster and pressure-regulating stations, groundwater recharge facilities, and interconnections to other
water utilities, are required to facilitate the supply, treatment and distribution of potable water
throughout the District’s service area. In total, five (5) major SCADA systems (Distribution, WTP1,
WTP2, Blender & Desal), and five (5) Kiosk Style SCADA systems (Rubber Dam 1, Rubber Dam 3,
Mission, Bunting & Kaiser Fish Screens), are used to control and automate these various facilities.
Looking to the future the current SCADA platform (SCADA software suite and hardware architecture)
is not sustainable and cannot move ACWD forward into new SCADA & operational methodologies.
The District’s current SCADA platform is no longer well received in the water industry. This project is
intended to preempt any future issues regarding reliability or end of commercial life by replacing all of
the District’s SCADA systems. The new SCADA systems shall provide the full functionality of the
existing systems, but utilizing a modern architecture, the latest SCADA standards and best-in-breed
technologies.
The 2013 ACWD SCADA Master Plan identified a roadmap for modernizing the District’s SCADA
systems, including a number of pre-requisite tasks. The identified tasks are designed to prepare to the
District for the transition to a new SCADA platform by documenting the District’s acceptable standards
and practices, defining the new HMI experience, selecting a new SCADA platform, assessing support
staffing requirements, and additionally planning for platform management, configuration and
implementation. Following these tasks the District will replace each SCADA system, in accordance
with the implementation plan. To facilitate the implementation of the SCADA system replacements, the
District plans to issue a separate RFP to perform the design, development, configuration, testing, and
installation of the new SCADA systems.
The infrastructure implemented by this project shall be designed to have a maximum lifecycle, similar to
the existing SCADA system which was adopted 20+ years ago. Furthermore, the District has a suite of
existing hardware and software platforms that the new SCADA platform is expected to interface with:
Modicon 984, Momentum, Quantum, M340 and M580 PLC’s
Campbell Scientific CR800 data loggers
Microsoft SQL Server
Microsoft SQL Reporting Services
Modbus, Modbus Plus and Modbus/TCP communication protocols
Microsoft Server 2016
Microsoft Office 365
Citrix Server. (The existing SCADA application is currently delivered via Citrix which requires
multifactor authentication)
VMware
JD Edwards 9.1 Enterprise Resource Planning (ERP)
GIS
Cityworks CMMS
LIMS
Hydraulic Model
AMI
RFP SCADA Replacements Project
Job No. 21266 4
Others, as required
The District has implemented hundreds of custom scripting and subroutines over 25 plus years lifecycle
which extend beyond basis control and trending functions to meet the needs of the end users.
Additionally, various databases have been established for the purposes of water supply management,
operations, reporting, maintenance and compliance needs. A few examples of the existing script files are
available as part of Appendix E. There are hundreds of these files that are being used throughout the
SCADA systems across the District. Consultant shall provide solutions to address these custom scripting
topology in the new SCADA software platform based on the needs of the end users.
Currently there are limited District-owned communication facilities and considerable effort is required
to establish new communication links.
3.0 GOALS AND OBJECTIVES
The District’s ultimate goal is to have a modern SCADA system that can move the District forward for
the next 20+ years in alignment with the District’s strategic objectives. The project scope will be
finalized through the Consultant’s work; however, the following are primary project goals:
1. Cybersecurity – Select a SCADA platform that complies with latest Cybersecurity framework
standard NIST 800-53 and industry best practices.
2. Standardization – Deploy SCADA systems that support modern industry best practices, the
District’s preferred practices, and enhance system deployment and maintenance efficiency.
3. Resiliency and reliability – Implement SCADA systems with safety measures that allow quick
recovery from disturbances and threats.
4. Futureproof – Select a SCADA platform of maximum lifecycle and compatibility with current
and future technologies (ie Modicon PLCs and Industry 4.0).
5. Workforce efficiency and absorption – Develop SCADA system designs that enhance the
Operator experience and situational awareness, while minimizing support staffing overheads.
6. Schedule and value – Meet project schedule and value expectations.
Time is of the essence. The Consultant shall ensure available resources, as necessary, to facilitate work
in a timely fashion.
To meet the goals of this Project, the Consultant’s primary objectives are to help the District:
Execute the scope of services as defined herein.
Understand the District existing technology and architecture.
Understand how a new SCADA platform integrates into the District’s core business.
Consider the overall usage and support for the new SCADA platform.
Consider national and local market trends regarding product viability, support services, hardware
lifecycle, staffing, training, etc.
RFP SCADA Replacements Project Job No. 21266 5
4.0 SERVICES TO BE PROVIDED AND DRAFT SCOPE OF WORK
The District is requesting proposals from qualified firms to meet the project goals and objectives described in Section 3.0.
The scope of professional services described below is a draft and the activities and deliverables listed are those anticipated by the District to meet the project goal. It is the District’s expectation that the Consultant will use their expertise to customize each task (including a further breakdown into subtasks) in order to improve the District’s ability to meet project goals in the most expeditious and cost-effective manner. Based on their experience, the Consultant may identify additional elements needed to meet the project goals.
The work, at a minimum, is anticipated to include the following tasks:
Task 1: Business Case Assessment The purpose of this task is to perform an assessment on the business need of implementing the new SCADA system infrastructure. The assessment shall be based on technology advance, industry new standards, government regulations, optimization, organizational need, resources availability, obsolescence of existing infrastructure, etc. The business case shall include the cost-benefit analysis and shall provide tools necessary to determine whether or not the project is worth the required investment. The Consultant shall utilize various stakeholder inputs when establishing the business case. The business case shall also include risks associated with implementing the new project and ways to mitigate them as they become necessary. Once the initial business case is developed, the Consultant shall periodically review and monitor the business case to ensure the project meets the requirements that are stated in the business case assessment. Deliverables:
Draft and Final Business case report in MS-Word format. Presentation of the summary findings to the District’s Board of Directors.
Task 2: As-Builting Existing SCADA Architecture The purpose of this task is to perform a system assessment of existing SCADA infrastructure. At a minimum, the process of as-builting existing SCADA architecture shall include identifying the number of SCADA related computers, servers and clients, physical locations, and IP addresses; evaluating the type of existing PC hardware and software will work with new architecture; additional equipment that are currently being utilized as part of existing SCADA system; and existing SCADA architecture including tag database, communication protocols, network interfaces, driver versions, etc. Deliverables:
Existing SCADA Architecture Network Diagram in both Microsoft Visio and PDF format; List of all the equipment and devices identified in MS-Excel format.
RFP SCADA Replacements Project
Job No. 21266 6
Task 3: Existing SCADA System Documentation
The purpose of this task is to develop the complete and comprehensive set of documentation that will be
maintained for District’s SCADA Systems along with an audit of existing SCADA System
documentation. The best examples of each type of documentation shall be identified to serve as sample
documents/templates as well as developing new templates as required. Subsequently, a prioritized set of
existing documentation shall be upgraded to the standards developed under Task 5. Priorities shall be
assigned based on the operational criticality of the related SCADA equipment. In some cases, the
development of new documentation may be required. The remaining documentation shall be upgraded
on an ongoing basis as needed. Under this task, Consultant shall also include the implementation of a
document management process that will be used to maintain SCADA documentation moving forward.
Deliverables:
Technical Memorandum of Existing SCADA System Documentation for Distribution SCADA in
a suitable electronic format.
Technical Memorandum of Existing SCADA System Documentation for each Plant SCADA in a
suitable electronic format.
Task 4: Needs Assessment
The purpose of this task is to perform a systematic process to determine the needs of the stakeholders in
the new SCADA platform. The main objective of the Needs Assessment (functional assessment) is to
help guide the Project Team when selecting and designing a suitable SCADA system. The District does
not currently have a Needs Assessment developed for this purpose. Consultant shall develop and execute
a method by which to understand and rank the District’s organizational needs from the SCADA system.
The information gathering phase of the assessment may include a combination of review of prior work,
staff interviews, workshops, policy and standard procedure review, and other means as proposed by the
Consultant.
Deliverables:
Needs Assessment Report in MS-Word format.
Task 5: HMI Standards Development
The purpose of this task is to develop detailed standards for the HMI software that will be implemented
throughout the District’s facilities. These standards shall define the manner in which HMI screens
should be configured and shall address issues such as: basic screen layout, standard symbol sets, color
standards, screen navigation, operator control sequences, alarm presentation, etc. The purpose of the
HMI Standards is to create a common look-and-feel for HMI screens at all facilities and to provide the
operator with a more intuitive and user friendly presentation of the most critical operating parameters.
The HMI standards will be applied to all significant graphic screen modifications and for all new
screens.
Deliverables:
Technical Memorandum of HMI Standards in MS-Word format.
RFP SCADA Replacements Project
Job No. 21266 7
Task 6: SCADA System Governance Plan
The purpose of this task is to define a formal SCADA System Governance Plan. The plan shall define
specific roles and responsibilities that leverage both internal resources (Maintenance, Engineering, and
IT) and external resources (Consultants, Contractors and Vendors). The plan shall establish a
governance process for managing requests for new services to be reviewed and approved by appropriate
parties.
Deliverables:
Technical Memorandum of SCADA System Governance Plan in MS-Word format.
Task 7: Data Integration Plan
The purpose of this task is to review the current and future uses of SCADA System information within
the District. The review shall identify both the specific data points or categories of data and the specific
software packages (CMMS, GIS, LIMS, etc.) to be considered for integration. A conceptual design shall
be developed for an architecture which will achieve the desired data integration. The approach shall
leverage the Enterprise Historian implemented under Task 11 below along with the data mart
recommended by the existing IT Master Plan. User interface techniques, such as dashboards, web
interfaces, etc., shall also be defined under this task.
Deliverables:
Technical Memorandum of Data Integration Plan in MS-Word format.
Task 8: HMI Software Evaluation & Selection
The purpose of this task is to evaluate and select an HMI software product to be used for the
replacement of the existing software. A comprehensive set of functional requirements (based on HMI
Standards developed under Task 5) shall be defined for District’s existing and future HMI software.
These requirements shall include the desirable features of the existing software along with new or
improved features. These requirements will be used to evaluate a number of major, commercially
available HMI software packages on the market. The review shall be based on web research,
examination of product literature, and informal discussions with vendor representatives. Based on the
initial review, a list of three to five candidate HMI products shall be selected. The Consultant shall guide
the District in selecting final product that meets all the functional requirements as defined and satisfies
the needs of the project stakeholders.
Deliverables:
A matrix that shows a ranking system of a variety of HMI software products with functional
criteria in suitable electronic format.
Task 9: Alarm Management Plan
The purpose of this task is to define a standard approach for alarm/event management. Once a standard
has been developed, it will be utilized to improve the existing SCADA alarm systems and for future
RFP SCADA Replacements Project
Job No. 21266 8
SCADA System upgrade/replacement projects. In addition, an Alarm Philosophy shall be developed
which provides guidance on how the alarms are defined in the future.
Deliverables:
Technical Memorandum of Alarm Management Plan in MS-Word format.
Task 10: SCADA Server Reconfiguration Plan
The purpose of this task is to develop a plan to reconfigure existing SCADA servers for each SCADA
System in a fully redundant, hot standby configuration. Process data, including historical data, shall be
collected by the on-line SCADA Server only; database files in the backup server shall be kept up-to-date
by the on-line server.
Task 10.1: Distribution SCADA Server Reconfiguration Plan
The purpose of this subtask is to develop a plan to reconfigure existing SCADA servers for
Distribution system. The Distribution SCADA system will require a different reconfiguration plan
and topology than other facility SCADA systems throughout the District.
Deliverables:
Technical Memorandum of SCADA Server Reconfiguration Plan in MS-Word format.
Task 11: Enterprise Historian Implementation Plan
The purpose of this task is to develop a detailed design for a centrally located Enterprise historian that
contains historical information from each of District’s facilities and the Distribution system. The
Enterprise historian shall provide a comprehensive set of historical data from all of ACWD’s facilities
and shall provide standard tools which allow users intuitive access to the data. The design shall also
include the necessary firewalls and/or de-militarized zone (DMZ) which provide non-SCADA users
secure access to historical data.
Deliverables:
Technical Memorandum of Enterprise Historian Implementation Plan in MS-Word format.
Task 12: Cybersecurity Plan
The purpose of this task is to develop a detailed overall security plan that is in compliance with latest
Cybersecurity framework standard NIST 800-53 and industry best practices. The plan shall include, but
not limited to, steps necessary to protect data being collected and handled in SCADA system, develop
multifactor authentication to remotely access SCADA system, create layers of security when interfacing
with various existing software platforms, control access to remote controllers by authorized personnel,
and recover from unexpected data loss and threats.
Deliverables:
Technical Memorandum of Cybersecurity Plan in MS-Word format.
RFP SCADA Replacements Project
Job No. 21266 9
Task 13: Staffing Analysis
The purpose of this task is to conduct an in-depth assessment of the District’s SCADA platform and
database management among various departments/divisions. The District currently manages numerous
database systems for end-users to produce water quality monthly reports, recharge facilities reports,
water resources data, trending, and other engineering reports using current SCADA platform. The
District currently allocates 1x FTE, plus a small contract with a specialty outside consultant to manage
and maintain the SCADA system and process requests from end users from multiple work groups. Based
on the needs assessment developed under Task 4 and data integration plan developed under Task 7, the
Consultant shall perform a staffing analysis and recommend a detailed organizational and
workflow/business process optimization plan according to industry best practices. Additionally, the
analysis shall identify any changes to current workflow and/or resources necessary to support the new
SCADA system and database management systems moving forward.
Deliverables:
Technical Memorandum of Staffing Analysis Plan in MS-Word format.
Task 14: SCADA System Procurement RFP (Optional)
The Consultant who is selected under this RFP shall assist the District in developing Request for
Proposal to select future design and engineering firms to implement Pilot SCADA System at one of the
facilities as identified below. The scope of work for this optional task shall include, but not limited to,
assist in developing bridging documents to onboard a SCADA Integrator/Vendor who will be tasked
with the detailed design/build of the SCADA system. The Consultant shall assist the District in
developing cost estimates for performing Pilot SCADA system implementation; developing milestones
and schedules to prioritize implementation at future facilities; conducting bidder conferences; and
supporting in evaluating system integrators or software vendors to deploy pilot implementation.
The following are a list of facilities where new SCADA systems will be implemented. The order of the
facilities as shown below is arbitrarily and final order will change based on recommendation of the
Consultant and the District’s water production needs.
Major SCADA Systems
1. Blending Facility
2. Newark Desalination Facility
3. Water Treatment Plant 1 (WTP1) Facility
4. Water Treatment Plant 2 (WTP2) Facility
5. Distribution System Facilities
Kiosk Style SCADA Systems
1. Rubber Dam No. 1 Fish Ladder
2. Rubber Dam No. 3 Fish Ladder
3. Mission Fish Screen
4. Bunting Fish Screen
5. Kaiser Fish Screen
RFP SCADA Replacements Project
Job No. 21266 10
Development of additional support contracts, identified by the Consultant and/or during prerequisite
tasks that fall outside the scope of a SCADA Integrator/Vendor, such as, but not limited to, IT services
and systems integration, etc., shall also be included in this task.
The District anticipates the project to be categorically exempt from the California Environmental
Quality Act (CEQA). Consultant who is awarded under this RFP shall support the District in CEQA
adoption prior to the pilot implementation phase under Task 15 below.
Technical specifications shall conform to the District’s standard four part CSI format and shall
complement the contents of the RFP contract documents. Work shall be submitted to the District when
50%, 90%, and 99% complete for review and comment. Finished (100%) work shall be submitted
signed and stamped by the Engineer of Record, who shall be a Professional Engineer registered in
California.
Format of complete deliverables:
50%, 90%, and 99% review:
o Design drawings – One (1) full-size and four (4) half-size hard copies, plus PDF and
AutoCAD 2018 formats.
o Technical Specifications – Four (4) hard copies, plus PDF and MS-Word formats.
o Cost estimates – in MS-Excel and PDF formats.
100% Complete:
o Bid and Construction Drawings – One (1) full-size and half-size District standard hard
copy on bond paper, plus an AutoCAD 2018 and PDF electronic version, which shall
include the appropriate consulting engineer’s stamp and signature.
o Bid and Construction Specifications – MS-Word and PDF formats, which shall include
the appropriate consulting engineer’s stamp and signature sheet.
o Construction cost estimate for inclusion in the project advertisement sheet – MS-Excel
and PDF format.
Task 15: Pilot Design and Implementation Support (Optional)
Once the Consultant has developed the RFP and the District has selected a SCADA system integrator or
a SCADA vendor under Task 14, the Consultant shall lead the design, engineering and implementation
activities performed by the SCADA system integrator and/or a SCADA vendor through completion of
pilot facility. The scope of work under this optional task shall include, but not limited to, providing
quality assurance and quality control to ensure development of SCADA system meets the standards and
procedures established under tasks 1 through 12. The Consultant shall act as a liaison between the
District and SCADA development team to address issues in a timely manner.
Task 16: Evaluation of Pilot SCADA System Deployment (Optional)
This optional task shall consist of providing services to assist the District with the evaluation of the pilot
SCADA system implementation. The Consultant shall use evaluation tools such as matrices, check list,
User Acceptance Testing (UAT) plans, staff interviews and surveys, security penetration tests, etc. and
supplemental means and methods to perform a complete evaluation of the pilot SCADA technology and
the District’s absorption of the technology. The Consultant shall summarize the findings from the
RFP SCADA Replacements Project
Job No. 21266 11
evaluation process in a report to the District, and provide recommendations for any enhancements in
technology and/or business process. Raw data, check sheets, and matrices used in the evaluation shall be
included in the appendix of the report.
Deliverables:
Technical Memorandum of Pilot SCADA System Evaluation in MS-Word format.
Presentation of the summary findings to the District’s Board of Directors.
Task 17: Full Deployment Design and Implementation Support for TBD Facility 2 (Optional)
Similar to pilot implementation support task under Task 15, the Consultant shall lead the design,
engineering and implementation activities performed by the SCADA system integrator and/or a SCADA
vendor through completion of second facility based on established priority schedule developed by the
Consultant. The scope of work under this optional task shall include, but not limited to, providing
quality assurance and quality control to ensure development of SCADA system meets the standards and
procedures established under tasks 1 through 12. The Consultant shall act as a liaison between the
District and SCADA development team to address issues in a timely manner.
Task 18: Full Deployment Design and Implementation Support for TBD Facility 3 (Optional)
Similar to pilot implementation support task under Task 15, the Consultant shall lead the design,
engineering and implementation activities performed by the SCADA system integrator and/or a SCADA
vendor through completion of third facility based on established priority schedule developed by the
Consultant. The scope of work under this optional task shall include, but not limited to, providing
quality assurance and quality control to ensure development of SCADA system meets the standards and
procedures established under tasks 1 through 12. The Consultant shall act as a liaison between the
District and SCADA development team to address issues in a timely manner.
Task 19: Full Deployment Design and Implementation Support for TBD Facility 4 (Optional)
Similar to pilot implementation support task under Task 15, the Consultant shall lead the design,
engineering and implementation activities performed by the SCADA system integrator and/or a SCADA
vendor through completion of forth facility based on established priority schedule developed by the
Consultant. The scope of work under this optional task shall include, but not limited to, providing
quality assurance and quality control to ensure development of SCADA system meets the standards and
procedures established under tasks 1 through 12. The Consultant shall act as a liaison between the
District and SCADA development team to address issues in a timely manner.
Task 20: Full Deployment Design and Implementation Support for TBD Facility 5 (Optional)
Similar to pilot implementation support task under Task 15, the Consultant shall lead the design,
engineering and implementation activities performed by the SCADA system integrator and/or a SCADA
vendor through completion of fifth facility based on established priority schedule developed by the
Consultant. The scope of work under this optional task shall include, but not limited to, providing
quality assurance and quality control to ensure development of SCADA system meets the standards and
RFP SCADA Replacements Project
Job No. 21266 12
procedures established under tasks 1 through 12. The Consultant shall act as a liaison between the
District and SCADA development team to address issues in a timely manner.
Task 21: Full Deployment Design and Implementation Support for Kiosk Style SCADA Systems
(Optional)
Similar to pilot implementation support task under Task 15, the Consultant shall lead the design,
engineering and implementation activities performed by the SCADA system integrator and/or a SCADA
vendor through completion of all kiosk style facilities. The scope of work under this optional task shall
include, but not limited to, providing quality assurance and quality control to ensure development of
SCADA system meets the standards and procedures established under tasks 1 through 12. The
Consultant shall act as a liaison between the District and SCADA development team to address issues in
CONSULTANT is and shall be an independent contractor, and the legal
relationship of any person performing services for the CONSULTANT shall be one
solely between that person and the CONSULTANT.
13. ASSIGNMENT
CONSULTANT shall not assign any of its rights nor transfer any of its
obligations under this Agreement without the prior written consent of DISTRICT.
14. DISTRICT WARRANTIES
The DISTRICT makes no warranties, representations or agreements, either
expressed or implied, beyond such as are explicitly stated in this Agreement.
15. DISTRICT REPRESENTATIVE
Except when approval or other action is required to be given or taken by the
Board of Directors of the DISTRICT, the General Manager of the DISTRICT, or
such person or persons as the General Manager shall designate in writing from time
to time, the Project Manager shall represent and act for the DISTRICT.
16. TERMINATION
ACWD RFP Exhibit A – Sample PSA 03/2017 10 MM/DD/YYYY XXXX Project Name
The DISTRICT shall have the right to terminate this Agreement at any time by
giving written notice to the CONSULTANT. Upon receipt of such notice, the
CONSULTANT shall not commit itself to any further expenditure of time or
resources.
If the Agreement is terminated for any reason other than a default by
CONSULTANT, the DISTRICT shall pay to CONSULTANT in accordance with
the provisions of Sections 9 and 10 all sums actually due and owing from DISTRICT
for all services performed and all expenses incurred up to the day written notice of
termination is given, plus any costs reasonably and necessarily incurred by
CONSULTANT to effect such suspension or termination. If the Agreement is
terminated for default, the DISTRICT shall remit final payment to CONSULTANT
in an amount to cover only those services performed and expenses incurred in full
accordance with the terms and conditions of this Agreement up to the effective date
of termination.
17. MAINTENANCE, AUDIT, AND INSPECTION OF RECORDS
The CONSULTANT shall permit the authorized representatives of the DISTRICT
to inspect, audit, make copies and transcriptions of books and all data and records of
the CONSULTANT relating to its performance under the Agreement.
18. RELEASE OF INFORMATION
CONSULTANT shall not release any reports or other information prepared in
connection with this Agreement without the approval of the General
Manager/Approver. Non-Disclosure requirements are identified in Exhibit X.
19. KEY PERSONNEL
ACWD RFP Exhibit A – Sample PSA 03/2017 11 MM/DD/YYYY XXXX Project Name
_________________ shall serve as the primary staff person of CONSULTANT to
oversee all of the services under this Agreement. (The other principal participants
shall be those individuals identified in Section X of Exhibit C).
20. NOTICES
All communications relating to the day to day activities of the project shall be
exchanged between the DISTRICT’s Project Manager and the CONSULTANT’s
Project Manager.
All other notices and communications deemed by either party to be necessary or
desirable to be given to the other party shall be in writing and may be given by
personal delivery to a representative of the parties or by mailing the same postage
prepaid, addressed as follows:
If to the DISTRICT: Alameda County Water District 43885 South Grimmer Boulevard PO Box 5110 Fremont, CA 94537-5110
Attention: _____________________, Title
If to the CONSULTANT: Company Name Address City, State, Zip Code
Attention: _____________________, Title
The address to which mailings may be made may be changed from time to time
by notice mailed as described above. Any notice given by mail shall be deemed
given on the day after that on which it is deposited in the United States Mail as
provided above.
21. ATTORNEYS’ FEES
ACWD RFP Exhibit A – Sample PSA 03/2017 12 MM/DD/YYYY XXXX Project Name
If any legal proceeding should be instituted by either of the parties to enforce the
terms of this Agreement or to determine the rights of the parties under this
Agreement, the prevailing party in said proceeding shall recover, in addition to all
court costs, reasonable attorneys’ fees.
22. APPLICABLE LAW
This Agreement, its interpretation, and all work performed under it shall be
governed by the laws of the State of California.
23. BINDING ON SUCCESSORS
All of the terms, provisions, and conditions of this Agreement shall be binding
upon and inure to the benefit of the parties and their respective successors, assigns,
and legal representatives.
24. SEVERABILITY
Should any provision, or portion of a provision, herein be found or deemed to be
invalid, this Agreement shall be construed as not containing such provision, or
portion of such provision, and all other provisions which are otherwise lawful shall
remain in full force and effect, and to this end the provisions of this Agreement are
declared to be severable.
ACWD RFP Exhibit A – Sample PSA 03/2017 13 MM/DD/YYYY XXXX Project Name
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized officers as of the day and year first above written.
CONSULTANT: DISTRICT: FILL IN CONSULTANT’S NAME HERE ALAMEDA COUNTY WATER DISTRICT By: By: President or Vice President General Manager Name: Name: Robert Shaver By: ATTEST: Secretary or Assistant Secretary Name:
District Secretary
Note: Project Manager to specify which title block to use. Corporations have officers, i.e. President, Vice President, etc.; Partnerships have Principals.
ACWD RFP Exhibit A – Sample PSA 03/2017 MM/DD/YYY XXXX Project Name
EXHIBIT A
PROPOSAL
EXHIBIT A
REQUEST FOR PROPOSALS FOR ENGINEERING DESIGN SERVICES
EXHIBIT B
PROPOSAL
FIGURE 1
PROJECT SCHEDULE
EXHIBIT B
RATE SCHEDULE
EXHIBIT C
KEY PERSONNEL
EXHIBIT D
NON-DISCLOSURE FORM (S) (Consultant NDA)
(Sub-Consultant NDA)
ACWD PSA Consultant NDA 08/2016 1 of 2
NON-DISCLOSURE AGREEMENT
AND RELEASE OF CONFIDENTIAL DOCUMENTS/INFORMATION This Non-Disclosure Agreement (Agreement) is made as of this ______ day of _______________ 20____, between the Alameda County Water District (District) and Consultant (Consultant). WHEREAS, the District will make available certain Confidential Information, as defined below, to Consultant for the following purposes: to provide services or type in purposes for Project Title, Job XXXX. (“Disclosure Purposes”). WHEREAS, the Confidential Information is security sensitive information, the disclosure of which will cause irreparable damage to the District and the public. WHEREAS, the District will make available the Confidential Information to Consultant subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as follows: 1. “Confidential Information” means all information received, directly or indirectly, pursuant to this Agreement
relating to the District or District facilities that the District informs the Consultant is confidential information, including without limitation the District’s list information to be provided.
“Confidential Information” also includes access the District provides the Consultant to restricted areas to view,
observe, and inspect District facilities that are not open to and not accessible to the public, and any and all photographs, drawings, sketches, plans, designs, notes, and narratives taken or prepared by Consultant of these District facilities in any form. The Consultant may not take photographs of any District facility unless expressly authorized by the District.
2. Consultant agrees to hold the Confidential Information in trust and confidence and Consultant agrees that the
Confidential Information will be used only as necessary for the Disclosure Purposes described above, and the Confidential Information will not be used for any other purpose. Consultant will not use the Confidential Information in any way, directly or indirectly, that is damaging or harmful to the District or District facilities. Consultant agrees not to disclose the Confidential Information to any third party without the express written consent of the District. District consents to the disclosure of Confidential Information to the following subconsultants: Subconsultants listed here. Prior to the disclosure of the Confidential Information to any subconsultant, including the subconsultant(s) approved above, Consultant must arrange for the subconsultant to execute a Non-Disclosure Agreement with the same terms and conditions as this Agreement and naming the District as a third party beneficiary of the Non-Disclosure Agreement. The Consultant must provide a copy of the Non-Disclosure Agreement signed by the subconsultant to the District before the Consultant discloses the Confidential Information to any subconsultant.
3. By accepting and using the Confidential Information, Consultant expressly agrees to treat the Confidential
Information as confidential. Consultant will implement safeguards and procedures to prevent the disclosure of the Confidential Information, including the following: (1) restricting disclosure of Confidential Information to Consultant employees on a “need to know” basis as necessary for the Disclosure Purposes; (2) marking the information as “CONFIDENTIAL” and providing Consultant’s employees adequate instructions with regard to the use and disclosure of the Confidential Information; and (3) treating and handling the Confidential Information with the same degree of care that the Consultant uses for its own confidential information.
4. Consultant may make copies or reproductions of the Confidential Information only for the purposes authorized
by this Agreement, and for no other purpose. Copies and reproductions in any form, including but not limited to paper copies and electronically formatted copies, of the Confidential Information shall not be made for or retained for distribution to any third party.
(TO BE INCLUDED WITH PROFESSIONAL SERVICES AGREEMENT) Info in Bold & Highlights to be filled by Office Staff – remove highlights when done but keep text bold. Delete this text box.
SAM
PLE
ACWD PSA Consultant NDA 08/2016 2 of 2
5. All confidential information that is distributed or made available for review for an approved use shall be
recorded in a log by Consultant. The log shall include the name of each individual having access to the Confidential Information, the individual’s identification information (e.g., valid driver’s license number or identification card number), company name, address and phone number. Consultant must provide the District with the logs promptly upon request.
6. At the conclusion of the proposed work for which the Confidential Information was furnished, or upon demand
by District, the logs, all Confidential Information and any copies of the Confidential Information shall be given to District. Consultant may not retain copies of the Confidential Information for any purpose.
7. Consultant agrees that the Confidential Information will at all times remain the property of District and owned
by the District. 8. The District assumes no responsibility whatsoever with respect to the completeness, sufficiency, accuracy, or
interpretations of any Confidential Information that are provided to Consultant pursuant to this Agreement. In addition, District provides no warranty or guarantee, either express or implied, that the conditions indicated in the Confidential Information are representative of the actual existing site conditions or future as-built conditions of the subject location.
9. Consultant agrees to indemnify, defend, and hold harmless District, its directors, officers, employees, or agents
from and against any claims, damages, losses, liabilities, and cost suffered by the District arising from the Consultant’s breach of this Agreement.
10. The unauthorized disclosure or improper use of the Confidential Information by Consultant will cause
irreparable harm, and that in addition to any other legal rights and remedies, the District will be entitled to equitable remedies, including temporary and permanent injunctive relief, without the necessity of posting a bond or other security.
11. Consultant may not assign this Agreement without the express written consent of District. 12. The prevailing party in any action between the parties arising from this Agreement shall be entitled to recover,
in addition to any other relief awarded, its costs and expenses incurred in any such proceeding, including, without limitation, its reasonable fees for attorneys. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision.
13. This Agreement is governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written. Consultant: District: CONSULTANT ALAMEDA COUNTY WATER DISTRICT By: By: Name: Name: Ed Stevenson Title: Title: Manager of Engineering and Technology Services cc: Consultant Original to File
For Office Use Only:
Received Stamp Received By:
ACWD SIGNATORY SHOULD BE THE DEPT. HEAD (WITHIN ETS, CAN BE DIVISION HEAD). Delete this text box.
SAM
PLE
APPENDIX B
Request for Proposal Non-Disclosure Agreements
(Consultant NDA & Subconsultant NDA)
ACWD RFP NDA 07/2016 1 of 2
NON-DISCLOSURE AGREEMENT
AND RELEASE OF CONFIDENTIAL DOCUMENTS/ INFORMATION
This Non-Disclosure Agreement (Agreement) is made as of this __ day of __________ 20__, between the Alameda
County Water District (District) and _____________________________ (Consultant).
WHEREAS, the District will make available certain Confidential Information, as defined below, to Consultant for
the following purposes: to complete a written proposal for SCADA Replacements Project, Job 21266
(“Disclosure Purposes”).
WHEREAS, the Confidential Information is security sensitive information, the disclosure of which will cause
irreparable damage to the District and the public.
WHEREAS, the District will make available the Confidential Information to Consultant subject to the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth in this Agreement, the
parties agree as follows:
1. “Confidential Information” means all information received, directly or indirectly, pursuant to this
Agreement relating to the District or District facilities that the District informs the Consultant is
confidential information, including without limitation the District’s Existing SCADA files and
communication network diagram. “Confidential Information” also includes access the District provides
the Consultant to restricted areas to view, observe, and inspect District facilities that are not open to and not
accessible to the public, and any and all photographs, drawings, sketches, plans, designs, notes, and
narratives taken or prepared by Consultant of these District facilities in any form. The Consultant may not
take photographs of any District facility unless expressly authorized by the District.
2. Consultant agrees to hold the Confidential Information in trust and confidence and Consultant agrees that
the Confidential Information will be used only as necessary for the Disclosure Purposes described above,
and the Confidential Information will not be used for any other purpose. Consultant will not use the
Confidential Information in any way, directly or indirectly, that is damaging or harmful to the District or
District facilities. Consultant agrees not to disclose the Confidential Information to any third party without
the express written consent of the District. District consents to the disclosure of Confidential Information
to the following subconsultants: ______________________________________________________