19-1506ORDINANCE NO. 19-1506
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH GUPTA & ASSOCIATES INC., FOR DEVELOPMENT OF
WATER RECLAMATION SCADA MASTER PLAN FOR THE CITY OF DENTON AS SET
FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6919— PROFESSIONAL
SERVICES AGREEMENT AWARDED TO GUPTA & ASSOCIATES INC., IN THE NOT -TO -
EXCEED AMOUNT OF $216,102).
WHEREAS, Gupta & Associates Inc., the professional services provider (the "Provider") set
forth in this ordinance is being selected as the most highly qualified on the basis of its demonstrated
competence and qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is authorized to enter into a professional service contract
with Gupta & Associates Inc., to provide professional services for Development of Water
Reclamation SCADA Master Plan for the City of Denton, a copy of which is attached hereto and
incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, expressly delegates the authority to
take any actions that may be required or permitted to be performed by the City of Denton under this
ordinance for professional services for Development of Water Reclamation SCADA Master Plan for
the City of Denton, to the City Manager of the City of Denton, or his designee.
SECTION 4, The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motio�i7 to aj)prm� e this ordinance was made by , 0iz%2 6 Gl f2 and
seconded by J �',� i �> , the ordinance was pas4ed and approved by the
following vote [_'L - P' I:
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay
Abstain Absent
PASSED AND APPROVED this the day of , 2019.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
,I
CHRIS TS, MAYOR
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CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Gupta & Associates Inc., with its corporate office at 13717 Neutron Road,
Dallas, TX 75244 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT
generally described as development of water reclamation SCADA master plan (the
"PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Attachment A (Negotiated scope of services and compensation
per RFQ 6919). These services shall be performed in connection with the
PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $216,102 in the manner and in accordance
with the fee schedule as set forth in Attachment A. Payment shall be considered full
compensation for all labor, materials, supplies, and equipment necessary to
complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment A.
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SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment A to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
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(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible Mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
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exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
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information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
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of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
J. INSURANCE
(1)
a. Commercial General Liability the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
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physical damage coverage.
c. ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
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acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
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K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment A to this AGREEMENT.
P. Equal Opportunity
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(1) Equal Employment Opportunity: agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment A.
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E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
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(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
Scope of Services and Fees
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE EN
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
S FEES IN PROPORTION
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ENGINEER certifies that signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By
signing this AGREEMENT, ENGINEER certifies
provides written verification to the CITY that ENGINEER, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
N. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 15 of 17
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unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
at the time the Contractor submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract
is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
O. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A - Scope of Services
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
effective on the date
subscribed by the City Manager.
BY: BY:
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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CITY OF DENTON, TEXAS ENGINEER
Gupta & Associates
City Manager Name:
Title:
Date:__________________ Date:____________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
_______________________________
obligations and business terms.
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
ATTEST:
CITY SECRETARY
By:______________________________
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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City of Denton
Water Reclamation SCADA Master Plan
Attachment A
Scope of Services
BACKGROUND
City of Denton (Denton) is seeking to establish minimum implementation standards for SCADA at the
various wastewater system locations and provide a realistic, actionable roadmap to align systems and
resources with target level of service.
Development of Supervisory Control and Data Acquisition (SCADA) System Master Plan and Cyber
Provide a performant, reliable and secure SCADA system capable of supporting:
Current and future technologies
Regulatory compliance data collection and reporting
Plant operation assisted by real-time software
Reliable security and system updates
The current SCADA system is comprised of four independent SCADA systems:
1. Pecan Creek Water Reclamation Plant (WRP)
2. Robson Ranch Water Reclamation Plant
3. UV system
4. Lift Stations
Each system operates independently but can be viewed from the Control Room at the Pecan Creek
WRP. The City does not anticipate expansion of the current service area.
GAI will develop a SCADA Master Plan with the following tasks:
1. Document existing SCADA systems at each facility.
2. Establish function objectives
3. Gap & Alternative Analysis Assessment
4. Cyber Security Assessment
5. Master plan program implementation
Gupta and Associates, Inc. (GAI) will lead the SCADA master planning effort for this project as the prime
consultant for Denton. AECOM will be sub-consultant to GAI and will assist with developing functional
requirements.
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ASSUMPTIONS
In developing the scope of work and associated task budgets discussed in this proposal, GAI has made
the assumptions outlined below:
One Project Kickoff Meeting at Denton Pecan Creek WRP.
4 Sites: A listing of the sites is identified in scope of services.
GAI has not included any of the following in this proposal:
o Software licenses or hardware.
o HVAC Engineering
o Reverse engineering existing PLC programs
o Fiber optic cable tracing and testing
o Radio path study
o Preparation of non-SCADA inventory equipment at each site
o Physical condition assessment
o Physical security or access control systems
o Standards development
o Disaster Recovery Plan
o Coordination with other agencies, entities or Cities
All reports, assessments, cybersecurity tasks are intended to exclusively cover the Wastewater
SCADA System.
Documenting existing network diagram will be based on the existing documentation provided to
GAI.
When documenting SCADA assets, GAI will utilize a non-intrusive approach through visual
inspection. Intrusive method of documenting IP addresses, port settings, and routing is not
included.
Denton will provide existing documentation for each site, as available, including:
o Existing Construction Documents
o I/O List
o Written Control Narratives
o O&M Manuals
o Existing Network Diagrams
o Process Flow Diagrams
The anticipated schedule for this work is:
o Engineering Design ESA: June 2019
o Engineering Duration: 12 Months
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SCOPE OF WORK
BASIC SERVICES SECTION
SCOPE OF WORK
The following items are identified as the basic services scope items:
GAI will develop a SCADA master plan to provide minimum SCADA guidelines and roadmap for future
implementations. The following are the key considerations for the masterplan:
1. System Architecture and Philosophy
2. Enterprise System Integration
3. Local and Wide Area Network Communications
4. Cyber Security
5. Supervisory Control
6. Alarm/Trending
7. Process Automation
GAI will develop a SCADA masterplan with the following tasks:
Task 1: Project Management
Task 2: Document current state of SCADA systems at each facility.
Task 3: Establish function objectives
Task 4: Gap Assessment & Security Audit
Task 5: Master Plan Report
GAI will provide additional deliverables which include, policies & procedures and awareness training.
Task 6: Additional Deliverables
The following sites are included as part of the masterplan:
1. Pecan Creek Water Reclamation Plant
2. Robson Ranch Water Reclamation Plant
3. Remote Lift Stations
TASK 1.0 PROJECT MANAGEMENT
Objective
To provide proactive project management for the work to be performed.
Methodology
Manage engineering staff and subconsultants to provide efficient completion of the Project. Coordinate
internal project instructions, work plan, and quality control procedures. Conduct internal staff meetings,
budget and schedule control, and coordinate project activities with the City and the Engineer.
A number of meetings between GAI and Denton will be conducted to ensure the project is progressing on
schedule and in the right direction. These anticipated meetings are:
Kickoff Meeting: GAI will conduct a Project Kickoff Meeting to review the goals, work plan, and
schedule for the project. Plans are for one, 4-hour kickoff meeting.
Progress Meetings/Informal Meetings: project team will meet and communicate with
Denton to provide a forum to receive input and feedback on design related issues, status and
update of the design. Plans are for up to two, 2-hour project meetings.
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Track project progress and develop invoices
Deliverables
The following deliverables will be submitted to Denton at the completion of the above listed activities:
Meeting Agenda
Meeting Minutes
A written response to the comments.
Monthly Invoices
TASK 2.0 DOCUMENT EXISTING SCADA SYSTEM
TASK 2.1 Site Visits and Investigations
Objectives
This task will involve a visit to each of the waste water treatment plants and two remote lift stations and
one-on-one discussions with the City staff to review and document the current state of the existing
SCADA System at each plant. The facilities to be visited are as follows:
1. Pecan Creek Water Reclamation Plant
2. Robson Ranch Water Reclamation Plant
3. (2) Remote Lift Stations - The team will visit two representative lift stations.
Methodology
In advance of the site visits, GAI will submit to the City a list of existing documentation that will include,
but not be limited to, the following:
Existing plant drawings
Latest set of plans and specifications for SCADA System
O&M manuals
Existing Network Diagrams
Existing SCADA WAN network diagram
Process Flow Diagrams
I/O List
Existing control strategy
Standard operating procedures
Cybersecurity documentation, practices, and infrastructure
Prior to these site visits, GAI will work with the City to develop a number of site inspection forms and
checklists to streamline the site visit documentation process. These inspection forms, checklists, and
digital photographs will be used to document the site visits.
Each site visit will focus on the major functional levels of the SCADA system including hardware,
SCADA professionals, accompanied by the Operations and Maintenance staff.
GAI will conduct site visits to document both in-plant and remote network communication, Wide Area
Network (WAN) communication between plants, and SCADA communication master at Pecan Creek that
communicates to all remote facilities. In addition, GAI will conduct onsite interviews with plant personnel
to understand the existing system.
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A complete in-plant system architecture diagram will be updated for Pecan Creek WRP and provided to
the City for review. The documented SCADA system architecture for each plant surveyed will serve as
the basis for the GAP assessment with the established SCADA Requirements.
Assumption: The City will provide a completed network architecture diagram in an editable format. GAI
understands the diagram to be complete and accurate but will provide minimal updates based on field
visit.
It is anticipated that a single day trip will be required for Pecan Creek WRP and an additional day for the
two lift stations and Robson Ranch WRP. Each site visit will involve three GAI personnel.
Assumption:
decommissioned and replaced with a lift station. The team will document the top end SCADA
infrastructure and remote communications systems but will not document the PLCs and fiber
infrastructure at the Plant.
Deliverables
GAI will document any instructions given or any decisions made by personnel during these site
visits. The following deliverables will be submitted to the City at the completion of the above listed
activities:
Copies of inspection forms, checklists, and digital photos
Existing network architecture diagrams
TASK 2.2 Current State Technical Memorandum
Objectives
This task will involve establishing a baseline understanding of existing assets, operational philosophy and
confirm basis for gap assessment.
Methodology
This task will involve preparation of a current state assessment Technical Memorandum (TM) for each
wastewater facility. Review of site conditions is limited to SCADA equipment and infrastructure. Other
areas of the Plant will not be included in the assessment. The current state is intended to be high level
visual inspection and documentation of the equipment and does not include a systematic scoring or
evaluation methodology. The TM will document the following:
As-is SCADA Block Diagram
Supervisory Level HMI Hardware/Software
Facility/Process Summary Table
Network Communications
PLC Hardware/Software
GAI will conduct a workshop with the City to communicate our findings and to validate our understanding
of the existing SCADA system at each plant, the WAN communication infrastructure, SCADA master at
Pecan Creek, and its WAN that connects the remote facilities. For the purpose of the discussion, we will
develop a network diagram of the existing SCADA system along with its functional characteristics for the
workshop.
We anticipate one half-day workshops, for the in-plant SCADA system, and the SCADA system that
monitor and control remote sites. The result of the workshops will be included in the Draft TM.
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The current state technical memorandum will be submitted for review. GAI will utilize a multi-step review
process for this report:
First, a draft version of the document will be submitted for review by Denton.
Denton to review the document and prepare written review comments.
Once GAI has received written review comments, GAI will prepare a formal response to
each written comment made by Denton.
Modifications necessitated by these comments will then be incorporated into the draft technical
memorandum.
Incorporate comments and provide final TM to the City.
Meetings:
The anticipated meetings are as follows:
Workshop 1: Existing Condition Review Workshop: GAI will participate in a 4-hour meeting to
review the document with Denton and answer any questions about the content. Once GAI has
received written review comments, GAI will prepare a formal response to each written
comment made by Denton.
Deliverables
A Draft and Final Current State Technical Memorandum will be provided to Denton in electronic
format.
TASK 3.0 ESTABLISH FUNCTIONAL OBJECTIVES
TASK 3.1 Functional Objectives Technical Memorandum
Objectives
This task will involve identifying the functional objectives to support plant operations. The effort includes
as more specific identification of
key components of an automation design. The grouping will be by the three general types of facility and
will provide the basis of the gap assessment.
Methodology
This task will involve preparation of a functional objectives Technical Memorandum (TM). Understand the
business objectives and develop functional objectives to improve the operations of each facility and
reporting to management. Coordinate with the City to define the objectives and related functionality. The
functional objectives will be grouped by type of facility. The following categories will be used as the basis
of grouping for each type of facility:
WWTPs these sites will include Pecan Creek WRP.
Lift Stations these sites will generally include the remote lift stations in the collection system.
This does not include other in-plant lift stations.
The functional objectives will be tailored for each type of facility. Based on the size, complexity, location,
available personnel at each facility, the functional objective will vary to meet the appropriate need. The
following functional objectives have been identified.
Standardized Alarms: define alarm strategies for major equipment and what alarms are
particularly relevant to Operations. Utilize the existing alarm management standards document to
further define alarming at each of the various facilities.
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Performance Trending: determine the strategy for trending. Which type of alarms, analog values
and other monitoring values
Reporting: extract historical data and provide data to WIMS for centralized and improved
reporting.
Enterprise Integration: further determine areas where historical SCADA data can be used to
improve efficiencies in operation and maintenance.
o Includes identifying high level data requirements to integrate with Biowin.
Organization to support SCADA: define the long-term staff the City will need to support the
SCADA system.
Campus mobile access/wireless: define the level of mobility and remote access to SCADA level
data is required and necessary security improvements and risks.
Network Equipment: identify and define the appropriate network switches based on
communication layer, installation, and environment.
Security Appliances: define the firewalls required at each site and other security equipment.
Assumption: The following SCADA system components have been previously identified by the City:
Server Architecture & Hardware: new virtualized server software and hardware is being
purchased and implemented to support the SCADA system. VMware is being used for the
virtualization software and VEEM in conjunction with EMC data domain are being used for
backup.
HMI: City has standardized on Wonderware.
PLCs: City has standardized on the Modicon M340.
Disaster Recovery: the wastewater SCADA system will be supported by the City-wide disaster
recovery and backup policies. GAI will coordinate with the City staff to provide input and
accommodate any design requirements to support the Ci
GAI will conduct an initial workshop with the City to discuss the functional objectives and application at
each facility. Solicit input from engineering, operations, maintenance, SCADA and other groups as
necessary to understand the needs, challenges and improvements at each facility. The result of the
workshops will be included in the Draft TM.
The functional objectives technical memorandum will be submitted for review. GAI will utilize a multi-step
review process for this report:
First, a draft version of the document will be submitted for review by Denton.
Denton to review the document and prepare written review comments.
Once GAI has received written review comments, GAI will prepare a formal response to
each written comment made by Denton.
Modifications necessitated by these comments will then be incorporated into the draft technical
memorandum.
Incorporate comments and provide final TM to the City.
Meetings:
The anticipated meetings are as follows:
Workshop 2: Functional Objectives Workshop: GAI will participate in a 4-hour meeting to seek
input and discuss the functional objectives with City staff.
Workshop 3: Draft Functional Objectives TM Review Workshop: GAI will participate in a 4-hour
meeting to review the document with Denton and answer any questions about the content. Once
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GAI has received written review comments, GAI will prepare a formal response to each
written comment made by Denton.
Deliverables
A Draft and Final Functional Objectives Technical Memorandum will be provided to Denton in
electronic format.
TASK 4.0 GAP ASSESSMENT
TASK 4.1 Gap Assessment Technical Memorandum
Objectives
This task will involve performing gap assessment comparing the current state to the functional objectives.
Combining the functional requirements with selected alternatives establishes the features and functions
that will be included in the future SCADA System.
Methodology
This task will involve preparation of the gap assessment Technical Memorandum (TM). The gap
assessment will be developed based on comparing the current state developed in Task 2.0 to the
functional objectives developed in Task 3.0. The assessment will be conducted on a per Plant/facility
basis, taking into account the various needs and current state at each facility.
The functional objectives and minimum SCADA requirements for each of the following categories will be
used as the basis of the gap analysis grouping each type of facility:
WWTPs these sites will include Pecan Creek WRP.
Lift Stations these sites will generally include the remote lift stations in the collection system.
This does not include other in-plant lift stations.
The gap analysis will apply the appropriate level of functional objectives and SCADA requirements.
Special consideration will be made for facilities with existing hardware or functional limitations. These will
be documented as a variance to the future state requirements.
The gaps which are identified for each Plant will be defined and grouped. Each item will be explained at
a high level and detailed drawings or definition are not included. Enough detail will be provided for future
CIP planning.
The gap assessment technical memorandum will be submitted for review. GAI will utilize a multi-step
review process for this report:
First, a draft version of the document will be submitted for review by Denton.
Denton to review the document and prepare written review comments.
Once GAI has received written review comments, GAI will prepare a formal response to
each written comment made by Denton.
Modifications necessitated by these comments will then be incorporated into the draft technical
memorandum.
Incorporate comments and provide final TM to the City.
Meetings:
The anticipated meetings are as follows:
Workshop 4: Draft Gap Assessment/Cybersecurity Audit TM Review Workshop: GAI will
participate in a 4-hour meeting to review the document with Denton and answer any questions
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about the content. Once GAI has received written review comments, GAI will prepare a
formal response to each written comment made by Denton.
Deliverables
A Draft and Final Gap Assessment Technical Memorandum will be provided to Denton in
electronic format.
TASK 4.2 Cybersecurity Audit
Objectives
This task will involve preparing a cybersecurity audit based on NIST standards.
Methodology
Task will involve an overall assessment of the SCADA environment. GAI will conduct the SCADA
assessment to determine the status of security controls. GAI will rely upon established industry
standards and practices for assessing SCADA control networks and systems, utilizing the National
Institute for Standards in Technology (NIST SP:800-82). Objectives detailed that will be assessed include
the following:
1. Management System The operator shall develop a SCADA security management program
system with defined policies and procedures. The security management program should include
the following:
a. Personnel Security Communication and Training Policy
b. Security Policies
c. Risk and Network Vulnerability Assessments The Center will coordinate all active
internal and external network testing with Company IT personnel.
d. Business Continuity Plan (BCP)
e. Incident Response Plan (IRP)
f. Change Management Processes, Policies, and Procedures
g. Operating System and Application Updates
h. Application and Software Restrictions
2. Physical Security Operators shall take measures and controls to deny unauthorized persons
access to control facilities; maintain security policy and associated procedures for periodic
security reviews of personnel with access; maintain a security plan for operator-controlled utilities
that supply the control center operation; develop and maintain security plan for operator-
controlled SCADA network infrastructures; and for performing a risk assessment of all operator-
controlled facilities where SCADA equipment resides, and developing a process for controlling
access to that equipment.
3. System Access Control User accounts, authentication, and authorization; controls should cover
the following:
a. Restricted Access
b. User Accounts
c. Operating System Accounts
d. SCADA Accounts
e. Password Controls
f. Biometrics
g. Disabled Non-Required Services
h. Operating System Tools
i. Device Access
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j. Personnel Administration
4. Information Distribution The sharing of certain types of information could increase the potential
for inappropriate access and misuse of the SCADA system. At a minimum, information should be
classified into the following levels:
a. Confidential
b. Restricted
c. Public
5. Network Design and Data Interchange Assessing the interconnectivity of systems in the
SCADA environment.
a. Network Design Review, including Interconnected Business and SCADA Networks,
Communication Demarcation Points, Firewalls, DMZ(s), and Dual-Homed Systems.
b. Network Management, including Network Monitoring, Network Security, Intrusion
Detection and Prevention, and File Auditing and Control.
c. Data Interchange, including connections between the SCADA control center operational
facilities, data center, and the telecommunications center; connections between the
SCADA system and business networks; connections between the SCADA system and
business partners SCADA systems; connections to third parties for support; Internet and
business network access; voice over IP / IP telephony; instant messaging; wireless
networking; audio/video conferencing; and video surveillance.
6. Field Communication providing confidentiality, integrity, and availability of data streams. Using
external telecommunications exposes the system to unauthorized monitoring and tampering. The
following highlight unique aspects of a SCADA communications system:
a. Field Device Technology
b. System Access, Network Protocols, Encryption of Data on Accessible Paths, Casual
User Access to the Network, Remote Access to SCADA Components, and Dial-up
Modem Access for Maintenance.
7. Assumption: NIST Audit is primarily Interview based, with review of documentation - GAI will not
run tools or vulnerability assessment scans on the ICS network.
The SCADA Cybersecurity Audit draft report will be submitted for review. GAI will utilize a multi-step
review process for this report:
First, a draft version of the document will be submitted for review by Denton.
Denton to review the document and prepare written review comments.
Once GAI has received written review comments, GAI will prepare a formal response to
each written comment made by Denton.
Modifications necessitated by these comments will then be incorporated into the draft report.
Incorporate comments and provide final Report to Denton.
Deliverables
A Draft and Final SCADA Cybersecurity Audit Report will be provided to Denton in electronic format.
TASK 5.0 MASTER PLAN PROGRAM IMPLEMENTATION
TASK 5.1 SCADA Program Project Cost and Prioritization Chapter
Objectives
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This task will involve identifying individual projects based on the gap assessment and estimate capital
cost, operating budget and staff impacts. After costs are developed the team will assign and prioritize the
Methodology
This task will involve preparation of a SCADA program project cost chapter of the Master Plan Report.
The gap assessment will be used to define individual projects. GAI will coordinate with the City to
develop the individual projects and solicit input for impact to operations. Each proposed project will
include the following information:
Project Description: define the basic project definition and major components. The description is
intended to serve future CIP planning.
Capital Cost: define the project cost for the SCADA components. Other improvements will not be
costed but identified where possible. The cost estimate will be a high-level cost estimate.
GAI will work with the City to identify projects which will be funded by Capital or funded by Operations to
help define the cost impact. In addition, cost will be broken down by facility by project. Areas, where
economies of scale may be achieved, will be identified and discussed as part of the cost estimating.
This task will also involve preparation of a SCADA program project prioritization. The individual projects
identified in the program cost chapter will be further examined and defined to fit into the CIP. Coordinate
with the City to understand the future CIP, upcoming projects and areas where SCADA improvements
can be added. The projects will be prioritized and defined based on the following information:
Immediate: projects identified as an immediate need may be addressed by operations budget or
by a smaller CIP project.
Short-Term: projects identified as short term will be defined as implemented in less than 5 years.
These are needs at the Plant to improve operations, but an existing workaround exists but needs
to be addressed.
Long-Term: projects identified as long term will be defined as implemented in five to ten years.
These needs are more overarching impacts or nice to have items which can be planned out over
time.
The projects will then be prioritized based on the following budgets:
Capital Improvements: based on the time line, needs, and costs most of the SCADA
improvements will be aligned with the CIP.
Operations Budget: projects identified as an immediate need or smaller projects may be allocated
under the operations budget.
GAI will work with the City to define the projects and align them with existing projects in the Capital
Program. Some projects will be grouped together and attached to a future Plant expansion or other
process improvements project within the CIP. Other projects will be defined as standalone SCADA
improvements project. The costs will need to be properly evaluated and included in the existing CIP
projects. Scope cannot be added to an existing project without adjusting the estimated capital cost.
GAI will conduct an initial workshop with the City to discuss the individual projects and cost estimating at
each Plant and the project identification, project prioritization and capital planning needs. Solicit input
from engineering, operations, maintenance, SCADA and other groups as necessary to understand the
challenges, improvements and CIP impact at each facility. The result of the workshops will be used to
generate the project costs and prioritization.
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DocuSign Envelope ID: 63D04AF9-5941-4395-A6A6-86A6AB2299CB
The SCADA program project costs and prioritization chapter will be submitted for review. GAI will utilize a
multi-step review process for this report:
First, a draft version of the document will be submitted for review by Denton.
Denton to review the document and prepare written review comments.
Once GAI has received written review comments, GAI will prepare a formal response to
each written comment made by Denton.
Modifications necessitated by these comments will then be incorporated into the draft technical
memorandum.
Incorporate comments and provide final TM to the City.
Meetings:
The anticipated meetings are as follows:
Workshop 5: SCADA program project costs and prioritization Workshop: GAI will participate in a
4-hour meeting to seek input and discuss the project cost approach with Denton staff.
Deliverables
A Draft and Final SCADA program project costs and prioritization chapter will be provided to
Denton in electronic format.
TASK 5.2 SCADA Master Plan Report
Objectives
This task will involve preparing the final Wastewater SCADA Master Plan Report which includes the
previous technical memorandums, chapters and a summary of the findings.
Methodology
This task will involve preparation of a SCADA Master Plan Final Report. The master plan will compile and
summarize the technical memorandum, project cost and prioritization into one complete document. The
report should be used a minimum standard for functional objectives and SCADA system components and
planning for future SCADA project implementations. The report will include the following:
Executive Summary
Site Assessment Summary
Current State Summary
Functional Objectives Summary
Gap Assessment Summary
SCADA Program Project Cost and Prioritization
SCADA Program Implementation Timeline
Appendices
o Technical Memorandums
The SCADA Master Plan draft report will be submitted for review. GAI will utilize a multi-step review
process for this report:
First, a draft version of the document will be submitted for review by Denton.
Denton to review the document and prepare written review comments.
Once GAI has received written review comments, GAI will prepare a formal response to
each written comment made by Denton.
Modifications necessitated by these comments will then be incorporated into the draft report.
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Incorporate comments and provide final Report to Denton.
Meetings:
The anticipated meetings are as follows:
Workshop 6: Draft SCADA Master Plan Review Workshop: GAI will participate in a 4-hour
meeting to review the document with Denton and answer any questions about the content. Once
GAI has received written review comments, GAI will prepare a formal response to each
written comment made by Denton.
Workshop 7: SCADA Master Plan Executive Presentation Workshop: GAI will participate in (2) 2-
hour meetings to present the Final SCADA Master Plan to the Public Utility Board and City
Council, summarizing the findings and future approach to addressing the SCADA needs at the
wastewater facilities.
Deliverables
A Draft and Final SCADA Master Plan Report will be provided to Denton in electronic format.
TASK 6.0 Scope of Services and Fees.
TASK 6.1 Cybersecurity Policies, Procedures and Training
Objectives
This task will involve preparing the
system.
Methodology
Develop policies and procedures to effectively and diligently manage and control the
supervisory Control and Data Acquisition (SCADA) systems. GAI recommends that the policies and
procedures cover the 18 major categories, which are based on relevant industry standards, namely:
Department of Energy, National Institute of Standards SCADA Standard 21 (DOE NIST 21 steps)
National Institute of Standards and Technology Special Publication (NIST) 800 - 82 (SCADA
security)
GAI will also provide training pertaining to these policies and procedures to the personnel. GAI will
use the following approach to develop policies and procedures:
1. Review and assess existing Client Policies and Procedures.
2. Interview Client personnel to understand the current management, technical and operations
environment.
3. Determine which categories will be address with existing policies and procedures. Provide
specific change requests, as necessary, for these existing policies and procedures to the
appropriate policy or procedure. Coordinate with these existing policies and procedures to
ensure timely revision, approval and release.
4. Work with the appropriate Denton personnel to obtain review comments, approval and release of
new policies and procedures.
5. Develop training
6. Coordinate with the City to develop a training delivery plan.
7. Deliver SCADA Security Training to Denton.
Policy and Procedures assumed to be in scope are:
InfoSec Roles and Responsibilities
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InfoSec Documentation
Contingency Planning
Configuration Management
Identity and Access Management
Account Management
Session Control
Auditing
Malicious Code Protection
Maintenance
System Assurance
Networking and Connectivity
Communications Security
Media Control
Labeling
Physical Environment
Personnel Security
Education Training and Awareness
The policies and procedures draft report will be submitted for review. GAI will utilize a multi-step review
process for this report:
First, a draft version of the document will be submitted for review by Denton.
Denton to review the document and prepare written review comments.
Once GAI has received written review comments, GAI will prepare a formal response to
each written comment made by Denton.
Modifications necessitated by these comments will then be incorporated into the draft report.
Incorporate comments and provide final Report to Denton.
Meetings:
The anticipated meetings are as follows:
Workshop: Draft Policies and Procedures Review Workshop: GAI will participate in a 6-hour
meeting to review the document with Denton and answer any questions about the content. Once
GAI has received written review comments, GAI will prepare a formal response to each
written comment made by Denton.
Workshop: Awareness Training Workshop: GAI will participate in a 6-hour meeting to present the
awareness cyber security training.
Deliverables
A Draft and Final Policies and Procedures will be provided to Denton in electronic format.
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O:\\Materials Mgmt\\Harsh Documents\\7057 - Proposals Received
The scope of work defined above is to be performed on a time and material basis not to exceed the fee
amounts shown below:
1.0 Project Management
GAI$ 10,317.60
Project Management Total$ 10,317.60
2.0 Document Current State
GAI$ 20,368.20
Current State Total$ 20,368.20
3.0 Establish Functional Objectives
GAI$ 47,963.90
Functional Objectives Total$ 47,963.90
4.0 Gap Assessment
GAI$ 59,826.55
Gap Assessment Total$ 59,826.55
5.0 Master Plan Program Implementation
GAI$ 31,779.65
Master Plan Total$ 31,779.65
Basic Services Total$ 170,255.90
6.0 Additional Deliverables
6.1Policies, Procedures & Training
GAI$ 45,846.10
SCADA Requirements Total$ 45,846.10
Additional Deliverables Total$ 45,846.10
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Certificate Of Completion
Envelope Id: 63D04AF959414395A6A686A6AB2299CBStatus: Completed
Subject: Please DocuSign: City Council Contract 6919 for SCADA master plan
Source Envelope:
Document Pages: 33Signatures: 5Envelope Originator:
Certificate Pages: 6Initials: 1Harsh Oberoi
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada)Harsh.Oberoi@cityofdenton.com
IP Address: 129.120.6.150
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5/24/2019 8:55:55 AM Harsh.Oberoi@cityofdenton.com
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