Document Albany_doc_14304c5b75

1 CITY OF ALBANY DEPARTMENT OF WATER AND WATER SUPPLY REQUEST FOR PROPOSALS FOR THE PROVISION OF SCADA SYSTEM INTEGRATION AND EMERGENCY SERVICES PROPOSALS DUE: DECEMBER 1, 2020 AT 2:00 PM RFP 2020-32 NOVEMBER 6, 2020 ---PAGE BREAK--- 2 City of Albany, New York REQUEST FOR PROPOSALS FOR THE PROVISION OF SCADA SYSTEM MATERIALS AND RELATED SERVICES Proposal Number 2020-32 November 6, 2020 IMPORTANT NOTICE: A restricted period is currently in effect for this Procurement and it will remain in effect until approval of the Contract. Proposers are prohibited from contact related to this procurement with any City of Albany employee other than the designated contacts listed below refer to: Designated Contacts for this Procurement: For Project or Services Clarifications:………………………Joseph E. Coffey, Jr., P.E., Commissioner For Public Procurement Process Clarifications: Laura M. Gulfo, Esq. SECTION 1: PURPOSE 1.1 The City of Albany (hereinafter referred to as the “City”) by and through its Department of Water and Water Supply (hereinafter referred to as “AWD”) hereby requests Proposals from qualified entities to provide professional general integration and programming services to support the utility Supervisory Control and Data Acquisition (hereinafter referred to as “SCADA”) system. Proposers are requested to submit quotes for materials listed on the bid sheet annexed hereto as Appendix and provides a Compensation Table Summary annexed hereto as Appendix Please refer to Section 6 of this RFP for further clarification. 1.2 AWD has identified the need for SCADA programming and integration services from an Automation Solutions Provider. AWD currently utilizes a dated version of Wonderware HMI residing on Windows server 2003 in the operating structure of the control system architecture. In 2018 AWD deployed the beginning phase of transition to Rockwell SCADA. Rockwell SCADA is now in production with only a small percentage of processes transitioned to the new system. The Legacy System requires specific programming tools and software as well as the expertise to incorporate and integrate today’s field instrumentation and control machinery into the aged control technology. The AWD SCADA system incorporates functional computing systems and panels, field instrumentation and control devices at; the Alcove Reservoir, Feura Bush Treatment Facility, Loudonville Reservoir, Pine Bush Pump Station, Colvin Pump Station, Harriman Tank, Washington Ave Extension Elevated Tank and certain Pressure Relief Valves throughout the distribution System. In September of 2017, with the assistance of ---PAGE BREAK--- 3 the United States Department of Homeland Security (DHS), AWD completed the process of a comprehensive network security evaluation utilizing the Cyber Security Evaluation Tool (CSET). DHS has directed AWD to make needed changes to the network architecture including software, hardware, organizational and management and specific standard operating procedural changes to fortify network security. Recent changes to the existing system include: network architecture centralization and lock down, replacement of legacy server devices, construction of new server rack with networking and other ancillary equipment, development of the VM and the virtual environment and development of the new SQL database as the background for operating reports and electronic data entry. In recent years the treatment plant has seen major infrastructure revitalization and remodel throughout the facility. Due to these projects as well as the ever expanding need for accurate data collection and SCADA performance, AWD expect the selected Proposer(s) to have the ability to work in concert with other integration firms, electrical contractors, networking services contractors, design consultants or any other vendor working with the department. AWD is requesting quotations to provide assistance with programming and integration services, SCADA system development and transition, SCADA system upgrades, troubleshooting, database development, facility improvements, NIST and network security compliance, system improvements, emergency services (on-call) and materials procurement. SECTION 2: RECEIPT OF PROPOSALS: 2.1 Proposers may submit Proposals electronically via BidNetDirect.com no later than December 1, 2020 at 2:00 pm. If a Proposer chooses to submit a Proposal by mail, then one hard copy and one electronic copy (by flash drive or disc) of the Proposal must be received in a sealed envelope marked “Proposal Enclosed – RFP 2020-32 AWD SCADA System Materials and Related Services” no later than December 1, 2020 at 2:00 pm at the following address: Laura M. Gulfo, Esq. Assistant Corporation Counsel City Hall - Room 106 24 Eagle Street Albany, New York 12207 2.2 Each Proposal submitted shall be the document upon which the City will make its initial judgment regarding each Proposer's qualifications, methodology, and ability to provide the requested materials and services. 2.3 Those submitting Proposals do so entirely at their own expense. There is no express or implied obligation by the City to reimburse any entity, firm or individual for any costs incurred in preparing or submitting Proposals, preparing or submitting additional information requested by the City, or participating in any selection interviews. ---PAGE BREAK--- 4 2.4 Submission of any Proposal indicates an acceptance of the conditions contained in this Request for Proposals unless the submitted Proposal clearly and specifically states otherwise. 2.5 The City reserves the right to accept or reject any and all Proposals in whole or in part, to waive any and all informalities, require supplemental statements or information from any responsible party, negotiate potential contract terms with any respondent to this RFP, have discussions with any respondent to this RFP to correct and/or clarify responses which do not conform to the instructions contained herein and to disregard all non-conforming, non- responsive or conditional Proposals. 2.6 The City reserves the right to award the services, in whole or in part, to one or more entities, firms and/or individuals. 2.7 Any award of the services shall be conditioned on the later execution of a formal written contract. The City reserves the right to revoke or rescind any award at any time prior to the full execution of a formal written contract. 2.8 Proposers shall avoid submission of marketing materials. 2.9 All information submitted in response to this RFP is subject to the Freedom of Information Law (FOIL), which generally mandates the disclosure of documents in the possession of the City upon the request of any person unless the content of the document falls under a specific exemption to disclosure. SECTION 3: QUALIFICATIONS OF PROPOSER: 3.1 Each Proposer shall provide a Statement of Qualifications which shall not exceed ten (10) pages (including resumes). This page limit applies only to the Statement of Qualifications, and does not apply to the Proposal. The Statement of Qualifications shall include the following: A. A brief history and description of the entity/firm submitting the Proposal. B. Identification of the entity/firm's professional staff members who will be assigned to this engagement if the entity/firm's Proposal is selected. Include summarized information regarding the professional staff members detailing qualifications, years and types of experience, education, licensure, certifications, accomplishments, etc. Specify the extent of the availability and commitment of each such professional staff member who will be assigned to this engagement if the firm's Proposal is selected. Specify a project manager and contact person to coordinate the services for the City. C. Proof that the Proposer at all times obtains and maintains all licenses required by Federal, State and Local Laws, if any, to perform the services contemplated by this Agreement. ---PAGE BREAK--- 5 D. At least three references, including addresses and telephone numbers. E. A signed cover letter from a person within the entity/firm who is authorized to make representations on behalf of the firm and to bind the entity/firm. F. A summary of the entity/firm's general experience in providing said SCADA system and related professional services to municipalities of the same or similar employment size as the City and a summary of the entity/firm’s experience in troubleshooting issues to formulate a unique and user-friendly product to meet the needs of AWD. G. Integrators shall have or shall be able to demonstrate that they have: Integrated three or more Allen Bradley SCADA/HMI projects with tag counts in excess of five hundred (500). These examples should include custom and packaged graphic development, PLC programming, compound PID control loops, and multiple communication protocols, including, but not limited to, MODBUS, Ethernet, TCP/IP, Analog, and Digital I/O. Integrated or serviced three or more Wonderware Systems or projects. Programmed at least one HMI in Rockwell Automation Plant PAX and five years of verifiable experience with Factory Talk View and RSLogix5000. The ability to build, construct, assemble, and label panels according to UL 508 standards. If the prospective integrator is not a UL 508-rated shop, confirmation must be provided of the ability to provide panels, control cabinets, and systems that are appropriately rated to this standard. Examples, pictures, drawings, etc. of control panels manufactured and labeled under the UL 508 standard. Adequate staffing to dedicate one Engineer/Integrator/Technician at any given time to emergency services, planned services, or project development. Emergency services include any after-hours time on nights or weekends. This is considered essential one-call emergency services as identified in Appendix Ability to respond in a duration of no more than four hours from notification of an emergency to any AWD location is required. Have an experienced network administrator or associated network services provider, with at least ten (10) years of service, experienced in the security standards proposed with the NIST Standard. This administrator must have the ability to create, service, and maintain all VPNs, switching devices, routers, firewalls, backup devices, systems and software (VEEAM), structured cabling systems communication protocols (cellular, Leased fiber), etc., in order to lock down, maintain, or optimize the network architecture of the associated SCADA system. ---PAGE BREAK--- 6 H. Any additional information which would serve to distinguish the entity/firm from other entities/firms submitting Proposals. 3.2 The City may make such inquiries it deems necessary to determine responsibility and the ability of each Proposer to perform the services contemplated by this RFP. Proposers shall furnish all information and data for this purpose as may be subsequently requested by the City. SECTION 4: SCOPE OF SERVICES: 4.1 The selected Proposer(s) shall be required to provide the following services or products to accomplish the goals listed in Appendix Compensation Table Summary. A. Provide five hundred (500) SCADA service hours described as typical, non- emergency SCADA services and integration. B. Provide one hundred (100) emergency service hours, including any after-hours work defined by AWD and the selected Proposer(s). C. Provide one hundred (100) engineering service hours which may be required of Perspective Automation providers to assist in the development of new technologies and SCADA control. D. Provide one hundred (100) hours of networking, information technology, and cyber security services, which shall include, but is not limited to, network design, consulting, architecture development, communications, and network security services based on NIST & CSET. E. Provide one hundred (100) hours of administrative services, which shall include, but is not limited to, invoicing preparation, as-builts, drawings, P&ID Control Narratives, and other related clerical services. 4.2 In addition, the selected Proposer(s) shall provide the following services: A. SCADA Services. On-site visits to the treatment facility and related SCADA sites for troubleshooting service and repairs; Routine backup management; Assistance with the Sci-Tech XL Reporting package, Operating Report (MOR) data quality assurance, and performance of new electronic data entry equipment; Assessment of computer log files and system performance; Troubleshooting as requested by AWD; ---PAGE BREAK--- 7 Troubleshooting in the newly developed Virtual Environment in which the legacy system now resides; Assessment of SCADA network performance and assistance with network upgrades and cyber security enhancements as proposed by DHS; Development of network rules, routing lockdown, port lock down, and network definition; Perform changes to the control system architecture programming, etc., as requested by AWD; (10) PLC programming and support to Modicon, Allen Bradley, Motorola or any other packaged PLC device; (11) Development of Rockwell SCADA and complete Transition from Wonderware; (12) HMI programming; (13) Historian development and configuration; (14) Electronic data entry development; (15) Engineering and SCADA consulting services; (16) Panel construction; (17) Telemetry support; (18) Field Instrumentation support services and integration services as additions into the system; (19) SCADA network support; (20) Back up of SCADA files and PLC programs; (21) SCADA automated reporting MOR development and support; (22) HMI trending support; (23) Training as requested; (24) Management and Information Solutions; (25) CMMS system support; (26) Emergency telephone support; (27) On-call emergency support; (28) Remote connection support services with security measures to be determined and managed by AWD; and (29) Any other SCADA support service as directed by AWD to maintain a reliable and secure SCADA system while assuring compliance to all regulatory agencies and requirements. B. Special Considerations. SCADA. The selected Proposer(s) shall understand the concept and requirement of open architecture and be experienced and well versed in all of the technologies in this specification including: Wonderware, Sci-Tech XL Reporter, Allen Bradley RS View, Plant PAX, FactoryTalk, RSLogics5000, Sonic Wall, Hyper-V ---PAGE BREAK--- 8 Manager, Modicon Concept, Unity, Windows Server 2102 as well as legacy operating systems such as, Windows Server 2003 and Windows XP. The existing system consists of the Legacy Wonderware SCADA system residing on a dedicated server with a parallel Rockwell System currently being developed on separate servers. The methodology employed as the basis of design is to develop the HMI and transition each process area of the treatment facility and all remote SCADA locations into the new system. Upon completion, final decommission and deletion of the Wonderware HMI shall take place. With each process transition, upgrade of each process PLC and any other obsolete device shall also be upgraded or replaced as needed to realize a system and hardware that is up the latest technology and standards. The selected Proposer(s) shall work in conjunction with in-house SCADA and instrumentation staff to continue, design, build, and deploy the new system. Within the scope of these services the selected Proposer(s) shall also work to develop and maintain an upgraded SQL Based automated reporting package and historian. In FY2020 AWD deployed VEEAM as a backup and recovery solution for the Wonderware system. This deployment was based on findings of the DOHS Cyber Security Evaluation performed in 2017/2018. The selected Proposer(s) shall have experience working with VEEAM software and be able to work to transition the VEEAM Server onto the Rockwell system as development makes this work priority. This work shall include further development to backup these systems to a remote location for further reliability and security. Since FY2017 all legacy equipment has been replaced including the original Wonderware Tower Server, switching devices, and firewalls. The selected Proposer(s) will be allowed to install a developmental license on either of the Wonderware or Rockwell SCADA servers in order to perform all tasks. At the end of each work session any DEV license shall be removed and the AWD runtime license shall be entered back into production. Under no circumstance shall the SCADA system operate for a sustained duration under the selected Proposer(s)’s license. Network Security. The selected Proposer(s) shall have extensive knowledge of the Cyber Security Evaluation Tool and NIST Framework and have a strong networking group in order to support future network security measures. The selected Proposer(s) shall also work with in-house SCADA personnel to develop a Standard Operating Procedure (SOP) in which all programs related to PLCs, HMI, programming/engineering and developmental software and any related tools are compiled into one engineering device (i.e. laptop or engineering server) owned, managed, and properly licensed by AWD. This will eventually be the only tool allowed to connect to the control system unless a device is first completely scrubbed and approved by AWD. Level of Effort. The selected Proposer(s) will work closely with SCADA and Instrumentation staff from AWD. It is the goal of AWD to manage, maintain and develop a robust SCADA system in-house, with less reliance on vendors for purposes other than emergency services in the future. Without divulging in-house trade secrets or violating software related licensing conflicts, it is expected that ---PAGE BREAK--- 9 the selected Proposer(s) shall work in close concert with in-house SCADA and Instrumentation on any and all maintenance activities as well as any newly developed project related to SCADA automation and control system appurtenances. In-house personnel will work and assist the selected Proposer(s) with any and all projects as needed. This concerted level of effort allows for greater production and efficiency in returning systems to production in the event of failure. In turn the selected Proposer(s) shall train in-house staff in any basic functionality that allows efficiency in repairing and maintaining all systems. C. Transparency. The selected Proposer(s) shall completely transparent in any and all services performed. To this requirement, the selected Proposer(s) shall continue to develop in the open architecture environment. The system shall remain free from any proprietary application, software, password protection or means of authentication. The selected Proposer(s) shall work to create an environment in which any future integration firm or integrator could develop with proper credentials. The selected Proposer(s) shall work in concert with in-house SCADA Management and transmit/divulge any password development or lockdown mechanism to AWD. Password and all IP scheme documentation as such will be recorded in spreadsheets and handed down to AWD immediately upon deployment into system production. All passwords and IPs must be available at all times and easily accessible to AWD Management. Any software, materials, or any other purchase made for the purposes of servicing, maintaining or developing the system shall be made in the name of the Albany Department of Water and its specified representative. Neither purchases nor service shall be performed without prior authorization from AWD in writing. The City reserves the right to void the SCADA the Agreement between the selected Proposer(s) and the City upon any deviation from these requirements. D. On-site and In-house Work Requirements. While it is understood by AWD that there will be instances of in-house emergency work that may be performed by the selected Proposer(s), it is a requirement that the largest percentage of work will be performed on-site at any one of the previously named locations. Due to new network security architecture, and AWD SOPs, remote access will only be granted via Global VPN access routed to the centralized network hub and from there, outward into the system. NO direct connections to specific locations will be constructed or allowed now or in any future network architectural configuration. Any in-house work performed by the selected Proposer(s) shall first be approved by an AWD representative in writing. Approval can be given through e-mail correspondence. Fully defined justification for in-house hours along with an explicitly detailed description of work performed must be accompanied with invoicing. Invoicing for materials procurement must also include the original receipt from the selected Proposer(s). Any work or materials purchased and invoiced without prior justification WILL NOT be paid by the City. E. Mobilization. AWD shall not be responsible for mobilization and or training costs for integrators to become familiar with the SCADA System. The existing system is based around an open architecture environment and shall remain free of any proprietary applications that would prohibit future integrators from affectively servicing, ---PAGE BREAK--- 10 programming, and/or maintaining the SCADA System. AWD will allow any and all required on-site time for these purposes and assist in providing information, documentation and related materials in order to work efficiently in program development of the system. These hours used to train and familiarize the selected Proposer(s) with the system shall not be charged to AWD. AWD SCADA/Instrumentation Technicians shall work in close concert with the eventual services provider to assure transitional efficiency and continued SCADA functionality. F. Materials Procurement. In the event materials procurement is required to support SCADA functionality, AWD must agree to pricing provided by the selected Proposer(s) before the purchase is made. This approval must be made in writing. AWD will not accept any material purchased without prior approval. The selected Proposer(s) shall allow complete transparency to all purchasing invoicing. AWD will not accept any materials in excess of a 10% markup by the selected Proposer(s) to their original quotation provided by the manufacturer. Invoicing for materials shall include the original receipt from the manufacturer or the selected Proposer(s). Any software purchased or deployed in the functional or engineering environment shall be purchased and licensed in the name of AWD. All logic developed in the HMI, PLC or other SCADA related field shall be the property of AWD and utilized for the sole purpose of functionality in the control automation system. 4.2 The selected Proposer(s) shall provide technical support services twenty-four hours per day, three hundred and sixty-five days per year, and shall at all times assign a point of contact to provide technical support to AWD. The selected Proposer(s) shall notify AWD of any change to AWD’s point of contact in writing and said notification shall include the contact information for the new point of contact. The selected Proposer(s) shall notify AWD of any interruption to the technical support services in advance of said interruption. The notification of interruption of service shall include the date or time by which said interruption shall conclude and the technical support services shall resume. SECTION 5: TERM OF CONTRACT: 5.1 The initial contract period for the service contemplated by this RFP shall begin on the date of contract execution and shall end on December 31, 2021. The City reserves the right to extend the agreement for two additional one-year terms, upon budget approval. 5.2 The selected Proposer(s) will be required to execute a contract with the City. A sample City of Albany Professional Services Agreement is available upon request. The City will have the right to terminate the contract at any time, with or without cause, upon thirty (30) days written notice. SECTION 6: COST PROPOSAL: 6.1 Please provide a Cost Proposal for providing all of the services referenced above. ---PAGE BREAK--- 11 6.2 Clearly set forth in detail any and all additional expenses for which you expect to be reimbursed. The Proposal must, however, provide a guarantee that no additional fees will be charged to the City of Albany without prior written consent by the City. A. Proposer(s) shall submit one unit price for each item listed in Appendix Unit prices shall include labor and equipment for all tree maintenance services. B. Proposer(s) shall take into account all possible scope requirements listed in the Compensation Table Summary annexed hereto as Appendix In addition, Proposers shall consider travel expenses for nine hundred (900) hours of service, industry changes to the technology, their work inside of the Legacy HMI, and the architecture of the AWD system. C. Further, Proposer(s) shall provide a base Cost Proposal for nine hundred (900) hours of service based on Appendix Proposer(s) shall provide an hourly rate table defining the service within Appendix and accompanying total base Cost Proposal. The City reserves the right to utilize all or a percentage of those hours within the fiscal year based on programming service needs, emergencies, and project development. All ancillary costs should be considered and added into the service rates and proposed in the total base Cost Proposal. The City shall not incur the cost for any integrator to become certified, qualified, or trained in any SCADA software-related, HMI-related, or other contracted services, technology, or exercise. The City shall not compensate vendors for any time needed to familiarize integration staff or technicians with the system. SECTION 7: PROPOSAL EVALUATION: 7.1 Proposals shall remain valid until the execution of a contract by the City of Albany. 7.2 Proposals shall be examined and evaluated by AWD to determine whether each Proposal meets the requirements of this RFP. A recommendation will be made to the Mayor for a contract award based on the following criteria: * Proposer’s demonstrated capabilities, professional qualifications, and experience in providing SCADA software, materials, and related professional services to municipalities. * The wherewithal of the Proposer(s) to render the requested services to the City in a timely fashion. * Total proposed cost. * Completeness of the Proposal. 7.3 The selection of a Proposal will not be based solely on a monetary evaluation. Considerable weight will be given to the experience in the areas required, the track record of the Proposer(s), and the products, including training and technical support services, that the Proposer(s) can provide. ---PAGE BREAK--- 12 SECTION 8: ALTERNATIVES: Proposals may include alternative matters or items not specified or requested in this RFP. However, all such alternatives matters or items must be listed separately from the Proposal and the cost(s) thereof must be separate and itemized. SECTION 9: INDEMNIFICATION: To the fullest extent permitted by law, the selected Proposer shall indemnify, defend and hold harmless the City and its officers, boards, directors, employees and agents from and against any and all claims, damages, losses and expenses, including but not limited to attorney’s fees, for any actual or alleged injury to any person or persons, including death, or damage to or destruction of property arising out of any act or omission on the part of the selected Proposer, its employees, agents or subcontractors for any work or services performed on behalf of the City of Albany. SECTION 10: SPECIFICATION CLARIFICATION: 10.1 All inquiries with respect to this Request for Proposals shall be in writing directed to the following address: For project specific and procurement process clarifications: Laura M. Gulfo, Esq. Assistant Corporation Counsel Department of Law City Hall 24 Eagle Street, Room 106 Albany, New York 12207 Phone: (518) 434-5050 E-mail: [EMAIL REDACTED] 10.2 All questions about the meaning or intent of the specifications shall be submitted in writing. Replies will be posted via the City’s website: http://www.albanyny.gov/NewsandEvents/RFPs.aspx, along with the electronic version of this RFP. Questions received less than four business days prior to the date of submission of Proposals will not be answered. Only questions answered by formal written Addenda will be binding. Oral or other interpretations or clarifications will be without legal effect. 10.3 In addition, any changes, additions or deletions to this RFP will also be posted on the City’s website: http://www.albanyny.gov/NewsandEvents/RFPs.aspx, along with the electronic version of this RFP. Respondents are urged to check the City’s website frequently for notices of any clarification of or changes, additions, or deletions to this RFP. ---PAGE BREAK--- 13 OTHER THAN THE CONTACT IDENTIFIED ABOVE, PROSPECTIVE RESPONDENTS SHALL NOT APPROACH THE CITY’S EMPLOYEES DURING THE RESTRICTED PERIOD OF THIS RFP PROCESS ABOUT ANY MATTERS RELATED TO THIS RFP OR ANY QUALIFICATIONS SUBMITTED PURSUANT THERETO. SECTION 11: MODIFICATION AND WITHDRAWAL OF PROPOSALS: 11.1 Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the opening of Proposals. 11.2 If within twenty-four (24) hours after the Proposals are opened, any Proposer files a duly signed written notice with the City and thereafter demonstrates to the reasonable satisfaction of the City that there was a material and substantial mistake in the preparation of its Proposal, that Proposer may withdraw its Proposal and the Proposal security will be returned. Thereafter, that Proposer will be disqualified from further Proposal on the work. SECTION 12: INSURANCE AND SECURITY REQUIREMENTS: 12.1 The selected Proposer will be required to procure and maintain at its own expense the following insurance coverage: Workers' Compensation and Employer’s Liability Insurance: Must show evidence of Worker’s Compensation insurance at State statutory limits, a policy or policies providing protection for employees in the event of job-related injuries. This insurance requirement shall only apply to a Proposer who has employees; Automobile Liability Insurance: A policy or policies of automobile insurance for bodily injury to each person and for bodily injury with respect to each accident with limits of not less than one million dollars (00/100) ($1,000,000) per occurrence; and (ii) property damage with limits of not less than five hundred thousand dollars (00/100) ($500,000); Errors and Omissions/Professional Liability Insurance (including Cyber Liability): A policy or policies of errors and omissions insurance with limits of not less than one million dollars (00/100) ($1,000,000); and General Liability Insurance: A policy or policies of comprehensive general liability insurance with limits of at least one million dollars (00/100) ($1,000,000) per occurrence and one million dollars (00/100) ($1,000,000) in the aggregate. 12.2 Each policy of insurance required shall be in form and content satisfactory to the Corporation Counsel, and shall provide that: The City of Albany is named as an additional named insured on a primary and non-contributing basis. ---PAGE BREAK--- 14 The insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written notice to the City of Albany Corporation Counsel's Office. The insurance policies shall be automatically renewed upon expiration and continued in force unless the City of Albany Corporation Counsel's Office is given sixty (60) days written notice to the contrary. 12.3 No work pursuant to the resulting contract shall commence until the selected Proposer(s) has/have delivered to the Corporation Counsel or her designee proof of issuance of all policies of insurance required by the Contract to be procured by the selected Proposer(s). If at any time, any of said policies shall be or become unsatisfactory to the City, the selected Proposer(s) shall obtain a new policy and submit proof of insurance of the same to the City for approval. Upon failure of the selected Proposer(s) to furnish, deliver and maintain such insurance as above provided, this Contract may, at the election of the City, be forthwith declared suspended, discontinued or terminated. Failure of the selected Proposer(s) to procure and maintain any required insurance shall not relieve the selected Proposer(s) from any liability under the Contract, nor shall the insurance requirements be constructed to conflict with the obligations of the selected Proposer(s) concerning indemnification. SECTION 13: NON-COLLUSIVE PROPOSAL CERTIFICATE AND ACKNOWLEDGMENT: Each Proposer shall complete and submit with its, his, or her Proposal the “Non-Collusive Proposal Certificate” and the “Acknowledgment” found on the two pages which follow this page. SECTION 14: PROCUREMENT FORMS AND REQUIREMENTS: 14.1 Additional requirements for this RFP are described below. Relevant statements, where required to be submitted, must be executed and included in the submission in the following order: Iran Divestment Act Statement; and Non-Discrimination and Diversity Requirements. 14.2 Iran Divestment Act: By submission of a bid in response to this Bid request, “each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph of subdivision 3 of section 165-a of the State Finance Law.” The list in question is maintained by the New York State Office of General Services. For further information and to view this list please go to: If in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. A political subdivision may award a bid to a bidder who cannot make the certification pursuant to paragraph a of N.Y. General Municipal Law § 103-g on a case- by-case basis. ---PAGE BREAK--- 15 14.3 Non-Discrimination and Diversity Requirements: Pursuant to Federal laws and regulations, the New York State Executive Law Article 15-A and the City of Albany General Code Chapter 48, Article III Omnibus Human Rights Law, the City recognizes its obligation under the law to prevent discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency and to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the employment of minority group members and women in the performance of City contracts. In furtherance of these rules and principles, the City of Albany highly encourages the participation of certified minority- and women–owned business enterprises (“MWBE”) at the City’s goal levels and the employment of minority groups’ members and women in the performance of its contracts. The City of Albany hereby notifies all Consultants submitting a Proposal that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit Proposals in response to this invitation and will not be discriminated against on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in consideration for award. Further, by submission of a bid in response to this Bid request, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that: “The respondent/contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The respondent/contractor will not participate directly or indirectly in the discrimination prohibited by the federal, state and local laws and regulations, including employment practices. In all solicitations, either by competitive bidding, or negotiation made by the respondent/contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the respondent/contractor of the respondent/contractor’s obligations under this Statement and the federal, state and local laws and regulations relative to Non-discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency.” ---PAGE BREAK--- 16 14.4 When providing the services contemplated by this RFP, the entity must comply with section 42-161 of the City of Albany Code, which requires payment of a living wage to all of its employees working on the service contract. This requirement shall only apply to a Proposer who has employees. SECTION 15: SUBMISSION REQUIREMENTS: 15.1 All Proposers shall be required to submit a complete Proposal. As outlined in this RFP, all Proposals shall include the following: A. Statement of Qualifications as outlined in Section 3. B. Cost Proposal as outlined in Section 6, and completed Appendix C. Non-Collusive Proposal Certificate and Acknowledgment Form as outlined in Section 13. D. An acknowledgment of understanding that by submitting a bid the Proposer certifies under penalty of perjury the above Iran Divestment Act statement, as outlined in Section 14.2 and the Non-Discrimination and Diversity statement, as outlined in Section 14.3. E. Living Wage Compliance Form, if applicable, as outlined in Section 14.4 and annexed to this RFP. 15.2 Failure to include all of the above items may result in the Proposal being considered nonresponsive. ---PAGE BREAK--- 17 NON-COLLUSIVE PROPOSAL CERTIFICATE PURSUANT TO NEW YORK STATE GENERAL MUNICIPAL LAW SECTION 103-D By submission of this Proposal, each Proposer and each person signing on behalf of any Proposer certifies, and in the case of a joint Proposal each party thereto, certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: The prices in the Proposal have been arrived at independently, without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Proposer or with any competitor; Unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to the opening, directly or indirectly, to any other Proposer or to any competitor; and No attempt has been made or will be made by the Proposer to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. (date) (signature) (name and title) (name of firm) ---PAGE BREAK--- 18 ACKNOWLEDGMENT BY PROPOSER If Individual or Individuals: STATE OF ) COUNTY OF ) SS.: On this day of 2020, before me personally appeared to me known and known to me to be the same person(s) described in and who executed the within instrument, and he/she (or they severally) acknowledged to me that he/she (or they) executed the same. Notary Public, State of If Corporation: STATE OF ) COUNTY OF ) SS.: On this day of 2020, before me personally appeared to me known, who, being by me sworn, did say that he/she resides at (give address) that he/she is the (give title) of the (name of corporation) the corporation described in and which executed the above instrument; that he/she knows the seal of the corporation, and that the seal affixed to the instrument is such corporate seal; that it was so affixed by order of the board of directors of the corporation, and that he/she signed his/her name thereto by like order. Notary Public, State of If Partnership: STATE OF ) COUNTY OF ) SS.: On this day of 2020, before me personally came to me known to be the individual who executed the foregoing, and who, being duly sworn, did depose and say that he/she is a partner of the firm of and that he/she has the authority to sign the same, and acknowledged that he/she executed the same as the act and deed of said partnership. Notary Public, State of ---PAGE BREAK--- 19 Living Wage Compliance City Code § 42-161 requires a living wage be paid to employees by any contractors awarded a contract by the City primarily for furnishing services to or for the City (excluding the purchase of goods or other property, the leasing of property or the development, redevelopment or rehabilitation of real property) and that involves an expenditure by the City to the contractor of at least $20,000, or the retention by the contractor of fees of at least $30,000, during a period of one year. The current Living Wage, as defined by the ordinance is as follows: If at least 70% of health care benefits are covered by employer: $ 13.27 Other: $ 15.42 Pursuant to the law, every Proposal shall include a written commitment by the applicant to pay all covered employees a living wage and shall include a list of job titles and wage levels of all covered employees. Please provide titles and wage levels below for each employee who directly expends his/her time on a contract with the City. Company Name: Job Title Wage Range By signing below you are agreeing to pay all covered employees a Living Wage as set forth above for the duration of the contract with the City. Title: Date: Office Use Only Contract No: Dates: ---PAGE BREAK--- 20 APPENDIX Compensation Table Summary SCADA Service Hours 500 Hours Provide quotation for typical non-emergency SCADA Services and Integration Emergency Hours 100 Hours Provide quotation for on-call emergency services. This will include any after-hours work once defined by AWD and the vendor. Engineering Services 100 Hours Perspective Automation providers may be required to assist in the development of new technologies and SCADA control Networking, IT and Cyber Security 100 Hours Bidders shall provide network design, consulting, architecture development, communications and network security services based on NIST & CSET Administrative 100 Hours Invoicing preparation, As-builts, drawings, P&ID Control Narratives or other related clerical service Travel Expenses Based on 900 hours of services bidders shall consider travel expenses and include these expenses in the bid base total. Commented [LG1]: This is reserved for the bid sheet – please include when available.