HomeMy WebLinkAboutContract 57347-R1CSC No.
CSC No. 57347-R1
CITY OF FORT WORTH
CONTRACT RENEWAL NOTICE
February 22, 2023
Jaime Foose, Vice President
Emerson Process Management Power & Water Solutions, Inc.
200 Beta Drive
Pittsburgh, PA 15238
Re: Contract Renewal Notice
City Secretary Contract Number 57347 (the "Contract")
Renewal Term No. 1: May 1, 2023 to April 30, 2024
The above referenced Contract with the City of Fort Worth will expire on April 30, 2023.
Pursuant to the Contract, contract renewals are at the sole option of the City. This letter is to
inform you that the City is exercising its right to renew the Contract for an additional one (1)
year period, which will begin on May 1, 2023. All other terms and conditions of the Contract
remain unchanged. Please return this signed acknowledgement letter, along with a copy of
your current insurance certificate, to the address set forth below, acknowledging receipt of
the Contract Renewal Notice. Failure to provide a signed acknowledgment does not affect
the renewal.
Please log onto PeopleSoft Purchasing at http:Hfortworthtexas.goy/purchasing to ensure
that your company information is correct and up-to-date.
If you have any questions concerning this Contract Renewal Notice, please contact me at
the telephone number listed below.
Sincerely,
Rick Lisenbee
Senior Water IT Manager
Water Department, City of Fort Worth
richard.lisenbee&fortworthtexas. gov
(817) 392-2515
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Renewal Page 3 of 4
ACCEPTED AND AGREED:
CITY OF FORT WORTH
By:
Name
Title:
Dana Burghdaff
Dana Burghdoff (Ap 8, 202307:34 CDT)
Dana Burghdoff
Assistant City Manager
APPROVAL RECOMMENDED:
Ql( � Harder
By: Christopher rder(Apr 17, 202309:35 CDT)
Name: Chris Harder
Title: Director, Water Department
4.p44UUnn�
ATTEST: Y F foRT�oa�o
a°!-s �g9-d
bo
0, o =d
40,
By. C
Name: Jannette Goodall
Title: City Secretary
Emerson Process Management Power &
Water Solutions, Inc.
By: '
Name: f9me Foose
Title: Vice President
CSC No.
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
.
By: Richard Lisenb a (Apr 3, 202315:07 CDT)
Name: Richard Lisenbee
Title: Sr. Water IT Manager, Water Department
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Taylor Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C 22-0084
Date Approved: 01/25/2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Renewal Page 4 of 4
Specifically, Vendor will perform all duties outlined and described in the Statement Of Work, which is
attached hereto as Exhibit "A", and the SureService Support Program attached hereto as Exhibit "H", each
of which is incorporated herein for all purposes, and further referred to herein as the "Services." Vendor
shall perform the Services in accordance with standards in the industry for the same or similar services. In
addition, Vendor shall perform the Services in accordance with all applicable federal, state, and local laws,
rules, and regulations. If there is any conflict between this Agreement and Exhibits A and H, the terms and
conditions of this Agreement shall control.
2. Term. This Agreement will have an initial term of one (1) year, expiring on April 30, 2023
(the "Initial Term"), with five (5) one-year automatic renewal terms (each a "Renewal Term" and together
with the Initial Term being the "Term"). The City shall provide Vendor with written confirmation of each
upcoming Renewal Term at least thirty (30) days prior to the end of each term.
3. Compensation. City shall pay Vendor: (a) an amount not to exceed one million, seven
hundred sixteen thousand, seventy-nine dollars ($1,716,079.00), for the Upgrade, Gigabit Network, Power
and Water Cybersecurity Suite, Monitor Upgrade, Graphics Macros Update, Enterprise Data Solution, and
Recommended Spares, per the milestone schedule set forth in Exhibit `B-1," the Payment Schedule -
Ovation Upgrade; and (b) commencing on the first Renewal Term date, being May 1, 2023, an annual
operating cost of an amount up to one hundred twenty thousand dollars ($120,000.00), for the SureServiceTM
as set forth in greater detail in Exhibit `B-2," the Payment Schedule — SureServiceTM, all in accordance with
the provisions of this Agreement and Exhibits `B-1" and `13-2,", both of which are attached hereto and
incorporated herein for all purposes. For each Renewal Term, the City shall pay the amount on a quote
provided by Vendor which shall then be attached to the City's respective renewal form. Vendor shall not
perform any additional services for City not specified by this Agreement unless City requests and approves
in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all
invoices of Vendor within thirty (30) days of receipt of such invoice.
4. Termination.
4.1. Convenience. Either the City or Vendor may terminate this Agreement at anytime
and for any reason by providing the other party with 30 days written notice of termination.
4.2. Breach. If either party commits a material breach of this Agreement, the non -
breaching Party must give written notice to the breaching party that describes the breach in
reasonable detail. The breaching party must cure the breach ten (10) calendar days after receipt of
notice from the non -breaching party, or other time frame as agreed to by the parties. If the breaching
party fails to cure the breach within the stated period of time, the non -breaching party may, in its
sole discretion, and without prejudice to any other right under this Agreement, law, or equity,
immediately terminate this Agreement by giving written notice to the breaching party.
4.3. Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, the City shall pay Vendor for services actually rendered up
Attachment 2
Customer City of Fort Worth
Sites Village Creek WWT Plant
Offer # WTR210814870MCR1
5-Year Renewal Pricing
(Contract Period: May 1, 2023 - April 30, 2028)
Item
SureService Module
Year 1
Year 2
Year 3
Year 4
Year 5
1
Expert Telephone Support 1
$20,315
$20,924
$21,552
$22,199
$22,865
2
Guardian Support
No Charge
No Charge
No Charge
No Charge
No Charge
3
Software Updates
$12,373
$12,744
$13,126
$13,520
$13,926
4
PWCS Support 2
$10,516
$25,996
$26,776
$27,579
$28,406
5
EDS Premier Support 3
$7,426
$18,357
$18,908
$19,475
$20,059
6
Scheduled On -Site Service Class A 4
$15,470
$15,934
$16,412
$16,904
$17,411
7
Component Coverage 5
$16,793
$17,297
$17,816
$18,350
$18,901
8
Training Program 6
$8,770
$9,033
$9,304
$9,583
$9,870
Module Sub Total
$91,663
$120,285
$123,894
$127,610
$131,438
Less 15% Gold Package Discoun t7
($11749)
($18,043)
($18,584)
($19,142)
($19,716)
After Package Discount Sub Total
$77,914
$102,242
$105,310
$108,468
$111,722
Less 5% Multi-YearDiscount8
($3,896)
($5,112)
($5,266)
($5,423)
($5,586)
AfterMulti-Year Discount Sub Total
$74,018
$97,130
$100,044
$103,045
$106,136
6a
Travel & Living Expenses
$1,250
$1,288
$1,327
$1,367
$1,408
Yearly Total
$75,268
$98,418
$101,371
$104,412
$107,544
Grand Total
$487,013
Notes:
1. The Expert Telephone Support module is base priced for up to 3 production DCSs per site. This
price will be prorated foranyadditionalproduction system underthesame site. Anynon-production
systems such as simulators or development systems will be supported under the same module
purchase.
2. First yearof PWCS Support is 5 months pro -rated 12/01/2023 -04/30/2024. PWCS Support pricing
will be guaranteed for up to 3 years. Support pricing for the PWCS will need to be reviewed after
three years to determine if the PWCS modules are still being supported by the 3d party
vendors. Prices shown for the 41h and 5'h year are estimates and could change, based upon the
support and evolution of the PWCS during that time.
f
4.
EMERSON,
November 19, 2021
City of Fort Worth
Village Creek
Address
Attention: Luke Matus
Subject: WWTP Ovation 3.3 to 3.8 Evergreen Program
Emerson Offer WTR16037268R6
Dear Luke Matus:
Emerson Automation Solutions
200 Beta Drive
Pittsburgh, PA 15238
USA
Emerson Process Management Power & Water Solutions, Inc. (Emerson), part of the Emerson Automation
Solutions family of business units, is pleased to submit this offer to City of Fort Worth for the WWTP Ovation 3.3
to 3.8 Evergreen Program. This offer is based upon the attached commercial description and the contents
within this submittal.
An Ovation Evergreen offers a convenient, cost effective solution for managing and eliminating system
obsolescence, by ensuring key elements of the control system are updated with the latest validated software,
workstations, networks, 1/0, security, and optimization technology. This upgrade will effectively protect your
initial system investment, therefore prolonging and sustaining the system's life.
Features of an Ovation Evergreen:
• Extends the life of your investment by sustaining current, or incorporating new, technology in the
system
• Addresses the changing needs of system security requirements
• Includes security features to comply with newly instituted regulations
• Avoids emerging maintenance issues caused by aging technology
• Adopts new 1/0 or digital bus technology and takes advantage of the associated asset maintenance
and management tools
The following Ovation Evergreen offer provides an overview of your system and the necessary planning needed
for you to keep pace with advancements without budget overruns. Emerson looks forward to working with City
of Fort Worth to achieve the highest levels of success for the WWTP Ovation 3.3 to 3.8 Evergreen Program.
Thank you for the opportunity to submit this offer. If you should have any questions or require additional
information, please feel free to contact me at (281) 222-2069 or email david.terzian@eerson.com.
Very truly yours,
David Terzian
Service Sales
Emerson Automation Solutions
Power & Water Solutions
Page 2
Commercial Description for the City of Fort Worth, Village Creek, WWTP Ovation 3.3 to 3.8 Evergreen
Program
This document defines the commercial basis under which Emerson makes this offer to City of Fort Worth for
the distributed control project at Village Creek station.
This offer expressly limits acceptance to the terms of this offer, including the terms
Terms and and conditions set forth in Emerson's Terms of Quotation and Sale - Goods &
Conditions Services Form TQS-GIS/USA-Edn. 10/18 and the Software Licensing Agreement, as
included with this offer.
Legal Name and
Address for Doing
Business
Pricing
Purchase orders and contracts should be addressed to:
Emerson Process Management Power & Water Solutions, Inc.
200 Beta Drive
Pittsburgh, PA 15238
The price for this Evergreen (and any additional options), on a hardware -exchange
basis and described in the attached bill of materials, are shown in the table(s) below.
Evergreen Pricing
System Price
Total $1,219,397
Option Pricing
Option pricing is only valid for purchase at the time of initial purchase order
placement. Option work is intended to be executed at the same time as the
Evergreen.
Option
Price
Network
$63,841
-Gigabit
Power and Water C bersecurit Suite PWCS
$236,892
Monitor Upgrade
$4,499
Macros Update
$19,933
-Graphics
Data Solution
$101,460
-Enterprise
Ethernet Link Controllers
$119,543
Ovation Training: In -House 4 man -weeks
$16,703
Ovation Training: On -Site A - Ovation Operator
$53,926
Ovation Training: On -Site B - Ovation Evergreen
$53,926
Recommended Spares
$70,057
The prices shown are based on a 2022 Installation.
Taxes are not included in the price shown and will be added to each invoice.
Delivery shall be FOB point of origin. Freight and handling charges will be added to
the invoice.
Services Training included within this offer is available for up to ninety (90) days after
complete system shipment.
Page 3
Emerson's offer is based exclusively upon the payment schedule below. Invoices will
be issued for each of the following deliverable line items with payment due Net 30
days from the date of the invoice. The amount of each invoice shall be calculated by
applying the percentages (%) shown below against the total purchase order price,
including any changes. For pro rata deliverables, Emerson reserves the right to
submit multiple partial invoices proportionate to work completed associated with
Terms of Payment
individual phases or deliveries.
20% Upon Contract Award
30% Upon Initial DCS Hardware Drawings Submittal
40% Upon Shipment (on pro rata basis)
10% Upon Customer Acceptance (but in any event, no later than 90 days after
last major product shipment)
Standard delivery for an Evergreen is 40 Weeks after receipt and acceptance of a
purchase order. An estimated delivery schedule has been provided as part of this
offer.
Delivery
If, after the project has started, City of Fort Worth requests a delay in delivery,
installation, or acceptance testing of any of the products or services purchased under
this offer, then Emerson reserves the right to invoice for payment for all goods and
services provided to date, and close out the project. Upon Emerson's request, City of
Fort Worth will issue a new purchase order for any remaining scope of supply using
the previously offered pricing.
This Evergreen is based on hardware exchange, where the existing Ovation and
WDPF components are returned to Emerson. For components not returned to
Emerson, please note that the software (including any firmware) embedded in such
Hardware Exchange
components, is subject to Emerson's software license agreement, which specifies
that the software is non -transferable. Accordingly, City of Fort Worth may not resell,
or otherwise transfer, any Ovation and WDPF components (e.g. controllers, 1/0
cards or modules, etc.), to the extent they include software, to a third party.
This offer shall remain valid for ninety (90) days from the date of this letter, unless
Bid Validity
otherwise extended, modified, or withdrawn in writing by Emerson. The return of a
purchase order acceptable to Emerson during such validity period will be sufficient to
form an agreement based exclusively on the terms and conditions of this offer.
This offer and any subsequent communications relative to this offer are considered
Proprietary and
to be proprietary and confidential information of Emerson. Accordingly, such
Confidential
proprietary and confidential information shall not be published, used, reproduced,
Information
transmitted, or disclosed to others outside your organization without prior written
consent by Emerson.
How can we improve our proposals? We would appreciate your feedback. If there
Proposal Quality
are questions or comments regarding the quality of this proposal, please contact the
Proposal Quality Manager, January Waldo, at January.Waldo(a)-Emerson.com or
412-963-4497. Please include the offer number in any correspondence.
CSC No.
FORT WORTH,
Routing and Transmittal Slip
Water
Department
DOCUMENT TITLE: Emerson First Renewal
M&C: CPN: CSO: 57347-R1 DOC #:
TO:
INITIALS
Rick Lisenbee — Contract Compliance Manager
Vendor — Jaime Foose, Vice President
JLF
Shannon Dunne — Assistant Water Director -Plant Operations
MD
Jan Hale — Deputy Water Director
b
bh
Chris Harder — Water Director
Taylor Paris — Assistant City Attorney
Dana Burghdoff— Assistant City Manager
Melissa Brunner — City Secretary Office receiver
Jannette Goodall — City Secretary
Allison Tidwell — City Secretary for recording
Rick Lisenbee — Sr Water IT Manager for acceptance
Needs to be notarized:
Action Required:
❑ As Requested
❑ For Your Information
x Signature/Routing and/or Recording
❑ Comment
❑ File
FOR CMO USE ONLY: Routing to CSO x YES ❑ NO
Contract Renewal Page 1 of 4
CSC No.
EXPLANATION
Attached is the First Renewal to CSC 57347, the City's contract with Emerson Process
Management Power & Water Solutions to provide Ovation process control system upgrade and
annual support services for the Village Creek reclamation facility. Implementation of the
upgrades defined by the original agreement term at a total cost of $1,716,079.00 are underway
and scheduled for completion in December 2023. A new FY23 PO is being issued for the
unbilled items. The first maintenance period per this new support contract begins May 1, 2023
immediately upon expiration of the prior agreement on April 30, 2023. The annual fee is
prorated for year 1 at $75,268.00 per Attachment 2 of the contract due to the ongoing
implementation of upgraded components. A separate PO for the annual support fee will be
issued upon approval of this renewal notice.
If you have any questions or concerns, please contact ine at (817) 392-2515.
Rick Lisenbee
Senior Water IT Manager
Water Department
richard.lisenbeegfortworthtexas. og_v
(817) 392-2515
Contract Renewal Page 2 of 4