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HomeMy WebLinkAbout236-08 RESOLUTIONRESOLUTION NO. 236-08 A RESOLUTION APPROVING A PERFORMANCE CONTRACT WITH JOHNSON CONTROLS, INC. IN THE AMOUNT OF $291,366.00 FOR ENERGY EFFICIENCY RETROFITS AND SUBSEQUENT MEASUREMENT AND VERIFICATION AT VARIOUS CITY -OWNED FACILITIES; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $291,366.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves a performance contract with Johnson Controls„ Inc. in the amount of $291,366.00 for energy efficiency retrofits and subsequent measurement and verification at various city -owned facilities. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $291,366.00. PASSED and APPROVED this 16th day of December, 2008. APPROVED: ATTEST: elk :•Gv'Y O:-'C/P'. •rv's FAYEITEVILLE; %01:<,;,,1 zr .�. ;4N1CP ``` , By: r'I�1 �l// By: ulti.c DA OODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer • • • PERFORMANCE CONTRACT 11110 • This Performance Contract (this "Agreement") is made this 16th day of October 2008 between: • PARTIES • Johnson Controls, Inc . ("JCI") 1188 N. Salem Road, Suite 14 Fayetteville, AR 72703 and •• City of Fayetteville ("City") 113 W. Mountain • Fayetteville, AR 72701 • RECITALS • WHEREAS, City desires to retain JCI to perform the work specified in Schedule 1 (Scope of Work) hereto (the "Work") relating to the installation of the improvement measures (the "Improvement Measures") described therein; • and • WHEREAS, City is authorized and empowered under applicable Laws (as defined below) to enter into this Agreement, and has taken all necessary action under applicable Laws to enter into this Agreement; and 1 I WHEREAS, City has selected JCI to perform the Work after it determined JCI's proposal was the most advantageous to City in accordance with all applicable procurement and other Laws. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 4 • AGREEMENT • 1. SCOPE OF THE AGREEMENT. JCI shall perform the Work set forth in Schedule 1. After the Work is Substantially Complete (as defined below) and the Certificate of Substantial Completion is executed by City • and JCI, JCI shall provide the assured performance guarantee (the "Assured Performance Guarantee") and the measurement and verification services (the "M&V Services") set forth in Schedule 2 (Assured Performance 1 Guarantee) and/or Schedule 2A (Assured Performance Guarantee — Utility Meters), as applicable. City shall • make payments to JCI for the Work and the M&V Services in accordance with Schedule 4 (Price and Payment Terms). • 2. AGREEMENT DOCUMENTS: In addition to the terms and conditions of this Agreement, the following • Schedules are incorporated into and shall be deemed an integral part of this Agreement: • Schedule 1 — Scope of Work Schedule 2 — Assured Performance Guarantee • Schedule 2A — Assured Performance Guarantee -- Utility Meters Schedule 3 - City Responsibilities • Schedule 4 — Price and Payment Terms • 3. NOTICE TO PROCEED; SUBSTANTIAL COMPLETION; M&V SERVICES. This Agreement shall become • effective on the date of the last signature on the signature page below. JCI shall commence performance of the Work within ten (10) business days of receipt of City's Notice to Proceed, a form of which is attached hereto • as Attachment 1, and shall achieve Substantial Completion,of the Work by the Substantial Completion date, which shall be the earlier of: • • Performance Contract (Rev 15] 04108 • Johnson Controls, Inc. — Proprietary 1� 2008 Johnson Controls, Inc. • 1 • • (a) the date. on which City executes a Certificate of Substantial Completion substantially in the form attached hereto as Attachment 3; or (b) Four (4) Months after JCI's receipt of City's Notice to Proceed, subject to adjustments set forth in Section 4 and Section 5 below. For purposes of this Agreement, "Substantial Completion" means that JCI has provided sufficient materials and services to permit City to operate the Improvement Measures. The M&V Services shall commence on the first day of the month following the month in which City executes a Certificate of Substantial Completion and shall continue throughout the Guarantee Term, subject to earlier termination of the Assured Performance Guarantee as provided herein. City acknowledges and agrees that if, for any reason, it (i) cancels or terminates receipt of M&V Services, (ii) fails to pay for M&V Services in accordance with Schedule 4, (iii) fails to fulfill any of City's responsibilities necessary to enable JCI to complete the Work and provide the M&V Services, or (iv) otherwise cancels, terminates or materially breaches this Agreement, the Assured Performance Guarantee shall automatically terminate and JCI shall have no liability thereunder. 4. DELAYS AND IMPACTS. If JCI is delayed in the commencement, performance, or completion of the Work and/or M&V Services by causes beyond its control and without its fault, including but not limited to inability to access property; concealed or unknown conditions encountered at the project, differing from the conditions represented by City in the bid documents or otherwise disclosed by City to JCI prior to the commencement of the Work; a Force Majeure (as defined below) condition; failure by City to perform its obligations under this Agreement or failure by City to cooperate with JCI in the timely completion of the Work, JCI shall provide written notice to City of the existence, extent of, and reason for such delays and impacts. Under such circumstances, an equitable adjustment in the time for performance, price and payment terms, and the Assured Performance Guarantee shall be made. 5. ACCESS. City shall provide JCI, its subcontractors, and its agents reasonable and safe access to all facilities and properties in City's control that are subject to the Work and M&V Services. City further agrees to assist JCI, its subcontractors, and its agents to gain access to facilities and properties that are not controlled by City but are necessary for JCI to complete the Work and provide the M&V Services. An equitable adjustment in the time for performance, price and payment terms, and Assured Performance Guarantee shall be made as a result of any failure to grant such access. 6. PERMITS, TAXES, AND FEES. Unless otherwise specified in Schedule 3 (City Responsibilities), JCI shall be responsible for obtaining all building permits required for it to perform the Work. Unless otherwise specified in Schedule 1 (Scope of Work), City shall be responsible for obtaining all other permits, licenses, approvals, permissions and certifications, including but not limited to, all zoning and land use changes or exceptions required for the provision of the Work or the ownership and use of the Improvement Measures. JCI shall not be obligated to provide any changes to or improvement of the facilities or any portion thereof required under any applicable building, fire, safety, sprinkler or other applicable code, standard, law, regulation, ordinance or other requirement unless the same expressly regulates the installation of the Improvement Measures. Without limiting the foregoing, JCI's obligations with respect to the Work is not intended to encompass any changes or improvements that relate to any compliance matters (whether known or unknown) that are not directly related to the installation of the Improvement Measures or which have been imposed or enforced because of the occasion or opportunity of review by any governmental authority. City shall be responsible for and shall pay when due all assessments, charges and sales, use, property, excise, or other taxes now or hereafter imposed by any governmental body or agency upon the provision of the Work or the M&V Services, implementation or presence of the Improvement Measures, the use of the Improvement Measures or payments due to JCI under this Agreement, other than taxes upon the net income of JC1. City shall also be responsible for real or personal property taxes relating to equipment or material included in the Improvement Measures. Any fees, taxes, or other lawful charges paid by JCI on account of City shall become immediately due from City to JCI. 7. WARRANTY. JCI will perform the Work in a professional, workman -like manner. JCI will promptly re -perform any non -conforming Work for no charge, as long as City provides written notice to JCI within one (1) year following Substantial Completion or such other period identified in Schedule 1. If JCI installs or fumishes goods or equipment under this Agreement, and such goods or equipment are covered by an end-user warranty from their manufacturer, JCI will transfer the benefits of such warranty to City. The foregoing remedy with respect to Performance Contrail 'Rev 15] 04/08 Johnson Controls, Inc. —Proprietary 0 2008 Johnson Control, inc. 2 • • • . • • . . . . . . . 0 . . • . . . • • 1 . • • • • • • • • • . . • . •• . i • • the Work, together with any remedy provided by goods or equipment manufacturers, shall be City's sole and • exclusive remedies for warranty claims. City agrees that the one (1) year period following Substantial • Completion, or such other period identified in Schedule 1, shall be a reasonable time for purposes of submitting valid warranty claims with respect to the Work. These exclusive remedies shall not have failed of their essential purpose so long as JCI transfers the benefits of any goods or equipment end-user warranty to City and remains willing to re -perform any non -conforming Work for no charge within the one (1) year period described above or such other period identified in Schedule 1. NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE PROVIDED BY JCI. This warranty does not extend to any Work that has been • abused, altered, or misused, or repaired by City or third parties without the supervision or prior written approval • of JCI. Except with respect to goods or equipment manufactured by JCI and fumished to City hereunder, for which JCI shall provide its express written manufacturers warranty, JCI shall not be considered a merchant or • vendor of goods or equipment. . • 8. CLEANUP. JCI shall keep the premises and the surrounding area free from accumulation of waste materials S or rubbish caused by the Work and, upon completion of the Work, JCI shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials. •• 9. SAFETY; COMPLIANCE WITH LAWS. JCI shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work and M&V Services. Each of • JCI and City shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities (collectively, "Laws") in connection with its performance hereunder. 0 • 10. ASBESTOS -CONTAINING MATERIALS AND OTHER HAZARDOUS MATERIALS. 0 Asbestos -Containing Materials: Neither party desires to or is licensed to undertake direct obligations relating to the identification, abatement, cleanup, control, removal or disposal of asbestos -containing materials ("ACM"). 0_ Consistent with applicable Laws, City shall supply JCI with any information in its possession relating to the • presence of ACM in areas where JCI undertakes any Work or M&V Services that may result in the disturbance of ACM. If either City or JCI becomes aware of or suspects the presence of ACM that may be disturbed by 0 JCI's Work or M&V Services, it shall promptly stop the Work or M&V Services in the affected area and notify • the other. As between City and JCI, City shall be responsible at its sole expense for addressing the potential for or the presence of ACM in conformance with all applicable Laws and addressing the impact of its • disturbance before JCI continues with its Work or M&V Services, unless JCI had actual knowledge that ACM was present and acted with intentional disregard of that knowledge, in which case (i) JCI shall be responsible at • is sole expense for remediating areas impacted by the disturbance of the ACM, and (ii) City shall resume its • responsibilities for the ACM after JCI's remediation has been completed. • Other Hazardous Materials: JCI shall be responsible for removing or disposing of any Hazardous Materials (as defined below) that it uses in providing Work or M&V Services ("JCI Hazardous Materials") and for the • remediation of any areas impacted by the release of JCI Hazardous Materials. For other Hazardous Materials • that may be otherwise present at City's facilities ("Non -JCI Hazardous Materials"), City shall supply JCI with any information in its possession relating to the presence of such materials if their presence may affect JCI's • performance of the Work or M&V Services. If either City or JCI becomes aware of or suspects the presence of • Non -JCI Hazardous Materials that may interfere with JCI's Work or M&V Services, it shall promptly stop the Work or M&V Services in the affected area and notify the other. As between City and JCI, City shall be • responsible at its sole expense for removing and disposing of Non -JCI Hazardous Materials from its facilities and the remediation of any areas impacted by the release of Non -JCI Hazardous Materials, unless JCI had • actual knowledge that Non -JCI Hazardous Materials were present and acted with intentional disregard of that O knowledge, in which case (i) JCI shall be responsible at its sole expense for the remediation of any areas impacted by its release of such Non -JCI Hazardous Materials, and (ii) City shall remain responsible at its sole . expense for the removal of Non -JCI Hazardous Materials that have not been released and for releases not • resulting from JCI's performance of the Work or M&V Services. For purposes of this Agreement, "Hazardous Materials" means any material or substance that, whether by its nature or use, is now or hereafter defined or • regulated as a hazardous waste, hazardous substance, pollutant or contaminant under applicable Law relating to or addressing public or employee health and safety and protection of the environment, or which is toxic, • explosive, corrosive, flammable, radioactive, carcinogenic, mutagenic or otherwise hazardous or which is or • Performance Contrail (Rev 15] 04/08 IP Johnson Controls, Inc. — Proprietary © 2008 Johnson Controls, Inc. 3 • • contains petroleum, gasoline, diesel, fuel, another petroleum hydrocarbon product, or polychlorinated biphenyls. "Hazardous Materials" specifically includes mold and lead-based paint and specifically excludes ACM. JCI shall have no obligations relating to the identification, abatement, cleanup, control, removal, or disposal of mold, regardless of the causeof the mold. 11. CHANGE ORDERS. The parties, without invalidating this Agreement, may request changes in the Work to be performed under this Agreement, consisting of additions, deletions, or other revisions to the Work ("Change Orders"). The price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee, shall be equitably adjusted in accordance with the Change Order. Such adjustments shall be determined by mutual agreement of the parties. Changes, modifications, or amendments in scope, price or fees shall not be allowed without a prior formal contract amendment approved by the Mayor and the city Council in advance of the change in scope, cost or fees. JCI may delay performance until adjustments arising out of the Change Order are clarified and agreed upon. Any Change Order must be signed by an authorized representative of each party. If concealed or unknown conditions are encountered at the project, differing from the conditions represented by City in the bid documents or otherwise disclosed by City to JCI prior to the commencement of the Work, price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee, shall be equitably adjusted. Claims for equitable adjustment may be asserted in writing within a reasonable time from the date a party becomes aware of a change to the Work by written notification. Failure to promptly assert a request for equitable adjustment, however, shall not constitute a waiver of any rights to seek any equitable adjustment with respect to such change. 12. CITY FINANCING; TREATMENT; TAXES. The parties acknowledge and agree that JCI is not making any representation or warranty to City with respect to matters not expressly addressed in this Agreement, including, but not limited to: (a) City's ability to obtain or make payments on any financing associated with paying for the Improvement Measures, related services, or otherwise; (b) City's proper legal, tax, accounting, or credit rating agency treatment relating to this Agreement; and (c) the necessity of City to raise taxes or seek additional funding for any purpose. City is solely responsible for its obligations and determinations with respect to the foregoing matters. In addition, the parties acknowledge and agree that City shall be responsible to comply, at its cost and expense, with all Laws that may be applicable to it relating to performance contracting, including, without limitation, any requirements relating to the procurement of goods and/or services arid any legal, accounting, or engineering opinions or reviews required or obtained in connection with this Agreement. Performance Contract [Rev 15]44108 Johnson Controls, Inc. — Pmprietary ® 2008 Johnson Controls, Inc. 4 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • i • • i 411 13. a. INSURANCE. JCI shall maintain insurance in amounts no less than those set forth below in full force and effect at all times until the Work has been completed, and shall provide a certificate evidencing such coverage • promptly following City's request therefor. • COVERAGES LIMITS OF LIABILITY 41 Workmen's Compensation Insurance or self insurance, Statutory 41 including Employers Liability . 11) Commercial General Liability Insurance $5,000,000 Per Occurrence • $5,000,000 Aggregate • Comprehensive Automobile Liability Insurance $5,000,000 Combined Single Limit • The above limits may be obtained through primary and excess policies, and may be subject to self-insured retentions. • b. PERFORMANCE BOND AND PAYMENT BOND. JCI shall fumish bonds covering faithful performance of the Contract and payment of obligations arising on the date of execution of the Contract. The cost of such bonds shall be included as a Cost of the Work. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, JCI shall promptly furnish a copy of the bonds or shall permit a copy to be made. The bonds shall be filed with the Washington • County Clerk's Office. • 14. INDEMNIFICATION. To the fullest extent permitted by applicable Law, each party shall indemnify the other • with respect to any third party claim alleging bodily injury, including death, or property damage to the extent • such injury or damage is caused by the willful misconduct of the indemnifying party. A condition precedent to any obligation of a party to indemnify the other pursuant to this Section 14 shall be for the indemnified party to • promptly advise the indemnifying party of the claim pursuant to the notice provision of this Agreement. • 15. LIMITATION OF LIABILITY. NEITHER JCI NOR CITY WILL BE RESPONSIBLE TO THE OTHER FOR ANY 40 SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE, PUNITIVE, EXEMPLARY, LOSS OF PROFITS OR REVENUE, LOSS OF USE, OR SIMILAR DAMAGES, REGARDLESS OF HOW CHARACTERIZED AND • REGARDLESS OF A PARTY HAVING BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSSES OR RELIEF, ARISING IN ANY MANNER FROM THIS AGREEMENT, THE WORK, THE IMPROVEMENT MEASURES, THE PREMISES, THE M&V SERVICES, OR OTHERWISE. WITHOUT LIMITING JCI'S EXPRESS OBLIGATIONS UNDER THE ASSURED PERFORMANCE GUARANTEE, JCI'S LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT • EXCEED THE AMOUNT OF THE PAYMENTS ACTUALLY RECEIVED BY JCI UNDER SCHEDULE 4. If this • Agreement covers fire safety or security equipment, City understands that JCI is not an insurer regarding those services, and that JCI shall not be responsible for any damage or loss that may result from fire safety or security equipment that fails to prevent a casualty loss. The foregoing waivers and limitations are fundamental • elements of the basis for this Agreement between JCI and City, and each party acknowledges that JCI would not be able to provide the work and services contemplated by this Agreement on an economic basis in the 410 absence of such waivers and limitations, and would not have entered into this Agreement without such waivers and limitations. •• 16. FORCE MAJEURE. Neither party will be responsible to the other for damages, loss, injury, or delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence of that • party. Such conditions (each, a "Force Majeure") include, but are not limited to: acts of God; acts of government agencies; strikes; labor disputes; fires; explosions or other casualties; thefts; vandalism; riots or • war; acts of terrorism; electrical power outages; interruptions or degradations in telecommunications, computer, or electronic communications systems; changes in Laws; or unavailability of parts, materials or supplies. 17. JCI'S PROPERTY. All materials furnished or used by JCI personnel and/or JCI subcontractors or agents at the installation site, including documentation, schematics, test equipment, software and associated media remain • the exclusive property of JCI or such other third party. City agrees not to use such materials for any purpose at Performance Contract [Rev 15104/08 Johnson Controls, Inc. —Proprietary © 2008 Johnson Controls, Inc. • 5 • s any time without the express authorization of JCI. City agrees to allow JCI personnel and/or JCI subcontractors or agents to retrieve and to remove all such materials remaining after installation or maintenance operations have been completed. City acknowledges that any software furnished in connection with the Work and/or M&V Services is proprietary and subject to the provisions of any software license agreement associated with such software. 18. LIENS. JCI shall ensure the City receives lien waivers from all material suppliers, subcontractors and sub - subcontractors and before work begins an the project. JCI shall give written notice to material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: "According to Arkansas law, it is understood no liens can be filed against public property if a valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with (name of surety)". JCI shall have each subcontractor, sub -subcontractor and material supplier execute a written receipt evidencing acknowledgement of this statement prior to commencement of the work of the subcontractor or material supplier." 19. DISPUTES. JCI and City will attempt to settle any controversy, dispute, difference, or claim between them concerning the performance, enforcement, or interpretation of this Agreement (collectively, "Dispute") through direct discussion in good faith, but if unsuccessful, either party may request the matter be submitted to non- binding mediation in the nearest major metropolitan area of the state where the project is performed. Neither JCI nor City will file a lawsuit against the other until not less than sixty (60) days after the other has received notice of JCI's or the City's intent to do so. 20. GOVERNING LAW. This Agreement and the construction and enforceability thereof shall be interpreted in • accordance with the laws of the state where the Work is conducted. • • • • • • • i • • • • • • • 21. CONSENTS; APPROVALS; COOPERATION. Whenever City's consent, approval, satisfaction or determination shall be required or permitted under this Agreement, and this Agreement does not expressly state that City may act in its sole discretion, such consent, approval, satisfaction or determination shall not be unreasonably withheld, qualified, conditioned or delayed, whether or not such a "reasonableness" standard is expressly stated in this Agreement. Whenever City's cooperation is required by JCI in order to carry out JCI's obligations hereunder, City agrees that it shall act in good faith and reasonably in so cooperating with JCI and/or JCL's designated representatives or assignees or subcontractors. City shall furnish decisions, information, and approvals required by this Agreement in a timely manner so as not to delay the performance of the Work or M&V Services. • • • • • 411 22. FURTHER ASSURANCES. The parties shall execute and deliver all documents and perform all further acts • that may be reasonably necessary to effectuate the provisions of this Agreement. 23. INDEPENDENT CONTRACTOR. The relationship of the parties hereunder shall be that of independent contractors. Nothing in this Agreement shall be deemed to create a partnership, joint venture, fiduciary, or similar relationship between the parties. 24. POWER AND AUTHORITY. Each party represents and warrants to the other that (i) it has all requisite power and authority to execute and deliver this Agreement and perform its obligations hereunder, (ii) all corporate, board, body politic, or other approvals necessary for its execution, delivery, and performance of this Agreement have been or will be obtained, and (iii) this Agreement constitutes its legal, valid, and binding obligation. 25. SEVERABILITY. In the event that any clause, provision, or portion of this Agreement or any part thereof shall be declared invalid, void, or unenforceable by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Agreement unless the result would be manifestly inequitable or materially impair the benefits intended to inure to either party under this Agreement. 26. COMPLETE AGREEMENT. It is understood and agreed that this Agreement contains the entire agreement between the parties relating to all issues involving the subject matter of this Agreement. No binding understandings, statements, promises or inducements contrary to this Agreement exist. This Agreement supersedes and cancels all previous agreements, negotiations, communications, commitments and understandings with respect to the subject matter hereof, whether made orally or in writing. Each of the parties Performance Contract {Rev 15104/08 Johnson Controls, Inc. —Proprietary ® 2008 Johnson Controls, Inc. 6 • 0 • • • • • • • • • • • • 0 • • • • • • i • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • to this Agreement expressly warrants and represents to the other that no promise or agreement which is not herein expressed has been made to the other, and that neither party is relying upon any statement or representation of the other that is not expressly set forth in this Agreement. Each party hereto is relying exclusively on the terms of this Agreement, its own judgment, and the advice of its own legal counsel and/or other advisors in entering into this Agreement. City acknowledges and agrees that any purchase order issued by City associated with this Agreement is intended only to establish payment authority for City's internal accounting purposes. No purchase order shall be considered a counteroffer, amendment, modification, or other revision to the terms of this Agreement. 27. HEADINGS. The captions and titles in this Agreement are for convenience only and shall not affect the interpretation or meaning of this Agreement. 28. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one single agreement between the parties. 29. NOTICES. All notices or communications related to this Agreement shall be in writing and shall be deemed served if and when sent by facsimile or mailed by certified or registered mail: to Johnson Controls, Inc. at the address listed on the first page of this Agreement, ATTN: Regional Solutions Manager, with a copy to Johnson Controls, Inc., ATTN: General Counsel — Building Efficiency Americas, 507 East Michigan Street, Milwaukee, Wisconsin, 53202: and to City at the address listed on the first page of this Agreement. 30. FREEDOM OF INFORMATION ACT. The City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, JCI will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-1-1 et. seq,), Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 31. TERMINATION WITHOUT CAUSE. JCI reserves the right to terminate this Agreement for convenience, without cause or default if and when Hazardous Materials as outlined in Section 10 of the Agreement are found at the Project and following the delivery of a ten (10) day written Notice of Termination to the City. In the event of a Termination for Convenience, without cause or default, City agrees to pay JCI all amounts owed to JC1 for its Work completed as of the date of Termination, plus costs reasonably incurred in exercising the termination plus reasonable costs of demobilization. Upon a Termination for Convenience, JCI is not entitled to anticipated profits, consequential damages, delay, impact, or incidental damages. JCI, however, is entitled to stop work immediately and terminate all of its obligations under the Agreement. 32. UNFORESEEN CONDITIONS. If any unforeseen conditions are encountered at the site by JCI, including but not limited to those described in Section 10 of the Agreement, then notice by JCI shall be given to City promptly before such unforeseen conditions are disturbed, and in no event later than five (5) days after JCI first observes the unforeseen condition. If JCI believes the unforeseen condition will justify an increase or decrease in JCI's cost of, or time required for, the performance of any part of the Work, then JC1 shall, within reasonable time after receipt of such notice, recommend an equitable adjustment to the contract price. 0City of Fayettevill It 1 Dan Coady, May r Attest: Sondra Smith, City Clerk Date: /01— /- 144L. • µnenrrrn►, ••••. Date: HO/ OR 4411140 00, �� -,� TTEVILLE • `tom. Johnson Controls, Inc, Q Signature: Printed Name: I2 /iiicSi Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. — Proprietary 0 2008 Johnson Controls, Inc. 1 • • Schedule 1 • • SCOPE OF WORK City Hall CH -1 Lighting Improvements: • See Attachment 4 CH -4 Variable Frequency Drives (VFDs) on Heating Hot Water (HHW) System: • Johnson Controls shall • Install two (2) transmitters for VFD's on hot water pumps. • • Install two (2) new motors to be inverter -rated for HHW pumps. • Install 2 -way valves for existing variable air volume (VAV) boxes. • Install new pump for bypass and constant recirculation of building boiler. • Provide labor for start-up and commissioning • CH -7 Building Envelope Improvements: • Johnson Controls shall install door seals and sweeps and window caulking at the following locations. 40 Doors �. 2 sets -North Exit—double commercial—DX, DS and Center bands • 10—Stairway doors to decouple—single commercial—DX an DS 1 --North east exit—Handicap access—very bad latch assembly—DX and DS • 2 sets—Lower South exit—double commercial—DX, DS and Center bands , 1 -West exit—single commercial—DX and DS 2—Human Resources South Entrance upper and lower—DX and DS • 1—Center section upper South Entrance—DX and DS 41 Windows • Style w-1-87 units -3.5 x 12—Perimeter caulking clear 2700 LF . Style w-2-2 units -9 x 8 -1st floor—Perimeter caulking 68 LF Style w-3-2 units -6 x 8--ist floor—Perimeter caulking 56 LF Style w-4-4 units -3.5 x 5-161 floor Rear—Perimeter caulking 96 LF Style w-5-8 units -4 x 4—Lower level South—Perimeter caulking 128 LF Style w-6-1 units -2.5 x 5—Perimeter caulking 15 LF Building Services Building BS -1 Lighting Improvements: See Attachment 4. 41 Clarification to Attachment 4: • • Room 215 may change use from a conference room to a storage room. Johnson Controls shall re-evaluate the appropriate lighting retrofit during installation. • The occupant of Room 216 has changed offices and the future use of this room is unknown. Johnson Controls shall re-evaluate the appropriate lighting retrofit during installation. • Fire Station Number 1 FS1-1 Lighting Improvements: See Attachment 4 FS1-3 Scheduling Thermostats: Johnson Controls shall install programmable thermostats capable of operating building heating, ventilating, and air conditioning (HVAC) systems under different time schedules for seven different day types per week. The thermostats shall be capable of retaining programming and time setting during loss of power for a period of at least 10 hours, and shall include a manual override that allows temporary operation of the systems for up to two (2) hours. Municipal Airport Performance Contract (Rev 15] 04108 Johnson Controls. Inc. — Proprietary @2008 Johnson Controls, Inc. 8 • • • • • • • • • • • • • • • • AP -1 Lighting Improvements: • See Attachment 4 • AP -8 Building Envelope Improvements: Johnson Controls shall install door seals and sweeps and window caulking at the following locations. • Doors 1—Boiler room door—DX and DS • 1—Restaurant door—DX and DS 1—Separation door to Post office—DX and DS 1—Kitchen rear door OS—DX and DS • 2—Restaurant door STD single—DX and DS; caulk frame 3—Wing # 1 single commercial—DX and DS—check lock assemblies • 2—Wing # 2 single commercial—DX and DS 41 2 ---Million Dollar office single commercial—DX and DS 2 ---Sky Venture office single commercial—DX and DS • 1 ---Garage door -3 sides only 10 x 8 • Skylight • 2 lines of caulking at metal junctures -120 LF (Lift required) . Roof Wall seam (Lift required) 1873 LF—Includes blocking material to close soffitts and two part foam—spacing from 5 inches to 3 ft._ iskylight and all hip assemblies—critical transition points and height changes Schedule 1 • 41 Fire Station Number 7: FS7-1 Lighting Improvements: See Attachment 4 • FS7-4 Building Envelope Improvements: • Johnson Controls shall install door seals and sweeps and window caulking at the following locations. I Doors 7 -Single Commercial—DX and DS—Includes stairways and bunk house doors • 3 sets of Garage door tracks need caulked to block wall -84 LF clear • • • i • i Windows Style w -1-7-5x8 Perimeter seal at metal junctures; seal mullion connections at edges; tops are inaccessible -29 LF of clear caulking Style w -2-1-18x10 Seal bottom of window unit at floor and metal juncture --2 lines—seal mullion connections at edges -61 LF of clear caulking Style w-3-2-12x8—Seal bottoms to block—seal mullion connections at edges -48 LF Style w-4-1-24x4—Seal bottom of window assembly—seal mullion connections—tops are inaccessible -39 LF Style w-5-2-6x6—Seal perimeter of window assembly—seal mullion connections—tops are inaccessible—heavy furniture blocking windows at front of structure -60 LF • Roof/Wall Seam 0 Bay area is only accessible area where all edges can be addressed. 240 LF—exposed area—combination of single component, two component and caulking—area • includes separation wall and beam connections. 60 LF—upper part of bay extending over bunk house—exterior work same as above • 30 LF—front two bedrooms of bunk house—standard edge—two component—front wall and sides 41 of rooms only t 1117 Johnson Controls, Inc. Initials: JCity initials:! J 1 2 C11• Performance Contract Fier 15104108 r • Johnson Controls, Inc. —Proprietary 2008 Johnson Controls, Inc., • i Schedule 1 Fleet and Transportation Building FT -1 lighting Improvements: See Attachment 4 FT -3 Retro -commissioning Johnson Controls shall • Retro -commission existing rooftop units (RTU's) to assure proper operation to maintain office pressurization • Perform limited repairs to units as problems are uncovered • Seal bypass ductwork from office RTU to storage area • Install one (1) new unit heater for the storage area. No air conditioning will be provided • Install thermal expansion valves on RTUs to control the hot -gas • Provide labor for start-up and commissioning of new equipment FT -4 Scheduling Thermostats: Johnson Controls shall install programmable thermostats capable of operating building heating, ventilating, and air conditioning (HVAC) systems under different time schedules for seven different day types per week. The thermostats shall be capable of retaining programming and time setting during loss of power for a period of at least 10 hours, and shall include a manual override that allows temporary operation of the systems for up to two (2) hours. Parks and Recreation Building PR -1 Lighting Improvements: See Attachment 4 Johnson Controls, Inc. initials: Citi/ ' ) City!naral$( Performance Contract [Rev 15] 64108 1 Johnson Controls. inc. — Proprietary ® 2008 Johnson Controls, Inc. 10 • • i 0 0 • • • • • 1 • 0 • i • • • • • • 0 • • • • • • 0 • • • • • • • • 0 0 • • i • • Schedule 2 • ASSURED PERFORMANCE GUARANTEE • • I. PROJECT BENEFITS • A. Certain Definitions. For purposes of this Agreement, the following terms have the meanings set forth below: • Annual Project Benefits are the portion of the projected Total Project Benefits to be achieved in any one year of the Guarantee Term. • Annual Project Benefits Realized are the Project Benefits actually realized for any one year of the Guarantee • Term. • Annual Project Benefits Shortfall is the amount by which the Annual Project Benefits exceed the Annual Project • Benefits Realized in any one year of the Guarantee Term. • Annual Project Benefits Surplus is the amount by which the Annual Project Benefits Realized exceed the Annual • Project Benefits in any one year of the Guarantee Term. •• Installation Period is the period beginning on JCI's receipt of City's Notice to Proceed and ending on the commencement of the Guarantee Term. Baseline is the mutually agreed upon data and/or usage amounts that reflect conditions prior to the installation of the Improvement Measures as set forth in Section IV below. Guarantee Term will commence on the first day of the month next following the Substantial Completion date and will continue through the duration of the M&V Services, subject to earlier termination as provided in this Agreement. 0 Measured Project Benefits are the utility savings and cost avoidance calculated in accordance with the • methodologies set forth in Section III below. • Non -Measured Project Benefits are identified in Section II below. The Non -Measured Project Benefits have been • agreed to by City and will be deemed achieved in accordance with the schedule set forth in the Total Project • Benefits table below. City and JCI agree that: (i) the Non -Measured Project Benefits may include, but are not limited to, future capital and operational costs avoided as a result of the Work and implementation of the 0 Improvement Measures, (ii) achievement of the Non -Measured Project Benefits is outside of JCI's control, and (iii) City has evaluated sufficient information to conclude that the Non -Measured Project Benefits will occur and bears • sole responsibility for ensuring that the Non -Measured Project Benefits will be realized. Accordingly, the Non • - • Measured Project Benefits shall not be measured or monitored by JCI at any time during the Guarantee Term, but rather shall be deemed achieved in accordance with the schedule set forth in the Total Project Benefits table below. • Project Benefits are the Measured Project Benefits plus the Non -Measured Project Benefits to be achieved for a • particular period during the term of this Agreement. • Total Project Benefits are the projected Project Benefits to be achieved during the entire term of this Agreement. •• B. Project Benefits Summary. Subject to the terms and conditions of this Agreement, JCI and City agree that City will be deemed to achieve a total of $60,851.00 in Non -Measured Project Benefits and JCI • guarantees that City will achieve a total of $379,495.00 in Measured Project Benefits during the term of this Agreement, for Total Project Benefits of $440,346.00, as set forth in the Total Project Benefits table below. • • Johnson Controls, Inc. Initials: Wil City initials: Zle. • Performance Contract [Rev 15] 04(08 • Johnson Controls, Inc. — Proprietary ® 2008 Johnson Controls, Inc. • 11 • • Schedule 2 Total Project Benefits *Utility Cost Avoidance is a Measured Project Benefit. Utility Cost Avoidance figures in the table above are based on anticipated increases in unit energy costs as set forth in the table in Section IV below. ** Operations & Maintenance Cost Avoidance and Future Capital Cost Avoidance are Non -Measured Project Benefits. Operations & Maintenance Cost Avoidance and Future Capital Cost Avoidance figures in the table above are based on a mutually agreed fixed annual escalation rate of three percent (3.0%). Within sixty (60) days of the commencement of the Guarantee Tenn, JCI will calculate the Measured Project Benefits achieved during the Installation Period plus any Non -Measured Project Benefits applicable to such period and advise City of same. Any Project Benefits achieved during the Installation Period may, at JCI's discretion, be allocated to the Annual Project Benefits for the first year of the Guarantee Term. Within sixty (60) days of each anniversary of the commencement of the Guarantee Term, JCI will calculate the Measured Project Benefits Johnson Controls, Inc. Initials: (AN )( City Initia Performance Contract [Rev 15104/08 Johnson Controls, Inc. - Proprietary © 2008 Johnson Controls, Inc. 12 • • • • • • • • • • • 1 • • • • • • • • • • • • • • • • • • • • • 1 1 • • • • • • • • Utility Cost Avoida ce* Operations'&, aintenance CostCost Avoidance** Future Capitai i voidance Annual Project a its 1 $ 33,052 $ 11,110$ - $ 44,162 2 $ 34,055,$ 11,447$ - $ 45,502 3 $ 35,088 $ 11,795$ - $ 46,882 4 $ 36,152 $ 3,455$ _ $ 39,607 5 $ 37,249 $ 3,560 $ - $ 40,809 6 $ 38,379 $ 3,668$ - $ 42,047 7 $ 39,544 $ 3,779$ - $ 43,323 8 $ 40,743 $ 3,893$ - $ 44,637 9 $ 41,980 $ 4,012$ - $ 45,991 10 $ 43,253 $ 4,133$ - $ 47,386 11 N/A N/A N/A N/A 12 N/A N/A N/A N/A 13 N/A N/A N/A NIA 14 N/A N/A NIA N/A 15 N/A NIA N/A N/A 16 N/A N/A N/A N/A 17 N/A N/A N/A N/A 18 N/A N/A N/A N/A 19 N/A N/A N/A N/A 20 N/A N/A N/A N/A Total $ 379,495 $ 60,851$ - $ 440,346 *Utility Cost Avoidance is a Measured Project Benefit. Utility Cost Avoidance figures in the table above are based on anticipated increases in unit energy costs as set forth in the table in Section IV below. ** Operations & Maintenance Cost Avoidance and Future Capital Cost Avoidance are Non -Measured Project Benefits. Operations & Maintenance Cost Avoidance and Future Capital Cost Avoidance figures in the table above are based on a mutually agreed fixed annual escalation rate of three percent (3.0%). Within sixty (60) days of the commencement of the Guarantee Tenn, JCI will calculate the Measured Project Benefits achieved during the Installation Period plus any Non -Measured Project Benefits applicable to such period and advise City of same. Any Project Benefits achieved during the Installation Period may, at JCI's discretion, be allocated to the Annual Project Benefits for the first year of the Guarantee Term. Within sixty (60) days of each anniversary of the commencement of the Guarantee Term, JCI will calculate the Measured Project Benefits Johnson Controls, Inc. Initials: (AN )( City Initia Performance Contract [Rev 15104/08 Johnson Controls, Inc. - Proprietary © 2008 Johnson Controls, Inc. 12 • • • • • • • • • • • 1 • • • • • • • • • • • • • • • • • • • • • 1 1 • • • • • • • • • • • Schedule 2 • achieved for the applicable year plus any Non -Measured Project Benefits applicable to such period and advise City of same. • City acknowledges and agrees that if, for arty reason, it (1) cancels or terminates receipt of M&V Services, (11) fails to pay for M&V Services in accordance with Schedule 4, (iii) fails to • fulfill any of its responsibilities necessary to enable JC1 to complete the Work and provide the M&V Services, or (iv) otherwise cancels, terminates or materially breaches this . Agreement, the Assured Performance Guarantee shall automatically terminate and JCI lb shall have no liability hereunder. • C. Project Benefits Shortfalls or Surpluses. • (1) Protect Benefits Shortfalls. If an Annual Project Benefits Shortfall occurs for any one year of the Guarantee Term, JCI shall, at its discretion and in any combination, (a) set off the amount of such shortfall against any unpaid balance City then owes to JCI, (b) where permitted by applicable . law, increase the next year's amount of Annual Project Benefits by the amount of such' shortfall, (c) pay to City the amount of such shortfall, or • (d) subject to City's agreement, provide to City additional products or services, in the value of such shortfall, at no additional cost to City.* • • (ii) Protect Benefits Surpluses. If an Annual Project Benefits Surplus occurs for any one year of the Guarantee Term, JCI may, at its discretion and in • any combination, (a) apply the amount of such surplus to set off any I subsequent Annual Project Benefit Shortfall during the Guarantee Term, or (b) bill City for the amount of payments made pursuant to Section • C(i)(c) above and/or the value of the products or services provided pursuant to clause C(i)(d) above, in an amount not to exceed the amount II of such surplus.* 1 (iii) Additional Improvements. Where an Annual Project Benefits Shortfall • has occurred, JC1 may, subject to City's approval (which approval shall not be unreasonably withheld, conditioned, or delayed), implement • additional Improvement Measures, at no cost to City, which may • generate additional Project Benefits in future years of the Guarantee Term. • in the event JCI is providing an Assured Performance Guarantee under Schedule 2 and Schedule 2A, Annual Project Benefits Shortfalls and Annual Project Benefits Surpluses under 1111 each such Schedule shall be reconciled against one another. • 0 0 0 • 1 • • 0 1 • Johnson Controls, Inc Initials: i/Te1' City ld lsr Performance Contract [Rev 151.04108 Johnson Controls, Inc. — Proprietary ® 2008 Johnson Controls, Inc. 13 Schedule 2 II. NON -MEASURED PROJECT BENEFITS Johnson Controls established non -measured project benefits based on interviews with the city's Building Services Manager (Mr. Coy Hurd) and the city Sustainability Coordinator (Mr. John Coleman). These benefits are based on reduction of repair and replacement materials and trouble call labor hours. These benefits shall be stipulated for the contract term. City has furnished the foregoing information to JCI, which information forms the basis of the Non - Measured Project Benefits. City agrees that the Non -Measured Project Benefits are reasonable and that the installation of the Improvement Measures will enable City to take actions that will result in the achievement of such Non -Measured Project Benefits. Johnson Controls, Inc. Initials: Chi Performance Contract [Rev 15] 04108 Johnson Controls, Inc. -Proprietary ® 2008 Johnson Controls, Inc. 14 lHy Initials: • • • • • • • • • 1 • • • • • • • • • • • • • • • • • • • • • • • • 1 • • • • i i • 0 III. MEASUREMENT AND VERIFICATION METHODOLOGIES Schedule 2 • The following is a brief overview of the measurement and verification methodologies applicable to the Improvement Measures set forth below. JCI shall apply these methodologies, as more fully • detailed in the guidelines and standards of the International Measurement and Verification . Protocol (IPMVP) and/or the Federal Energy Management Program (FEMP), in connection with the provision of M&V Services hereunder. 1 • • • • • 1 • • i r • •• • • 1 • • • • • 0 1 Option A Partially Measured Retrofit Isolation Measured Project Benefits are determined by partial field measurement of the energy use of the system(s) to which an Improvement Measure was applied separate from the energy use of the rest of the facility. Measurements will be short-term with only one-time measurements before and after the Installation Period. Partial measurement means that some but not all parameters will be measured. Careful review of the design and installation of Improvement Measures is intended to demonstrate that the stipulated values fairly represent the probable actual values. Agreed-upon values will be shown in the measurement and verification plan, along with analysis of the significance of the error they may introduce. Engineering calculations using short-term pre and post -retrofit measurements and stipulations are used to calculate Measured Project Benefits for the duration of the Guarantee Term. Measurement and Verification Plan Facility Improvement Measure (FIM) Energy Savings O&M Savings (Non -Measured) $7,952 Measurable Savings (IPMVP Option A) $23,554 Non Measured Savings Lighting Improvement $0 Building Envelope Improvements & Reduce Infiltration $0 $4,606 $2i84 VFDs on HHW Loop $0 $2,202 $0 Retro -commissioning Programmable Thermostats $0 $39 $974 $2,652 $0 $0 • TOTAL $26,205 $6,847 $11,110 F1M - Lightinq Improvements (IPMVP/FEMP Option A) - Lighting retrofit savings will be determined from representative spot kW measurements from Johnson Controls, Inc. Initials: Cflif Performance Contract [Rev 15] 04108 Johnson Contmrs, Inc.—Proprfefary ® 2008 Johnson Controls, Inc. 15 )(..;,70 °'Citffiitiats: Schedule 2 existing lighting system and representative spot kW measurements from the retrofitted fixtures. Agreed to operational hours and electrical rate will be applied to the before and after kW values to determine the lighting savings. The savings will be stipulated for the life of the contract based on the agreed engineering calculations. PRE -RETROFIT Power (kW) x pre -retrofit hrs + (kW x 12 months) = Baseline lighting energy usage POST -RETROFIT Power (kW) x post -retrofit hrs + (kW x 12 months) = Post -retrofit lighting energy usage The representative sampling will be based on the 80-20 sampling plan i.e. 80% statistical confidence and 20% precision. The following table shows the sampling plan with the minimum number of fixtures that will be measured for wattage readings in the pre -retrofit as well as the post -retrofit scenario. Building Existing Fixture Type New Fixture Type Total Count Qty to be measured Replace existing PS Balllast and (2) 25 Watt Lamps with ISL ballast and 25 Watt AIRPORT 23 Lamps (23) 1 1 Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt AIRPORT 24 Lamps 2 2 AIRPORT 175MH Replace existing 175W mh fixture with new 4 lamp biax fixture 90 10 Replace existing T12 Balllast and (4) 34 Watt Lamps with ISL ballast and 25 Watt AIRPORT 44TT12 Lamps 4 3 AIRPORT A60 Replace existing 60W incand with 15 watt CF 9 3 • AIRPORT F75 Replace existing 75W flood with 20 Watt CF R40 14 5 AIRPORT MH250 Replace existing 250 watt MH fixtures 200 watt pulse start lamp and ballast 37 9 AIRPORT MH400 Replace existing 400 watt MH fixtures with new 4 Tamp T5 fixture 22 8 Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt AIRPORT S2478 Lamps 6 3 Replace existing PS Balllast and (2) 32 Watt Lamps with ISL ballast and 25 Watt AIRPORT S24XX Lamps (extra Height and difficulty) xxx 2 2 Replace existing PS Balllast and (2) 17 Watt Lamps with ISL ballast and 17 Watt AIRPORT T22 Lamps (22) 3 3 Replace existing PS Balllast and (2) FB032 Watt Lamps with ISL ballast and F932 25 AIRPORT T22UT8 Watt Lamps 33 9 Replace existing 712 Balllast and (2)34 Watt Lamps with ISL ballast and 25 Watt . AIRPORT T24T12 Lamps 43 9 Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt AIRPORT T24T8 Lamps 29 8 Replace existing PS Balltast and (3) 32 Watt Lamps with ISL ballast and 25 Watt AIRPORT T34T8 Lamps 6 3 Replace existing P5 Balllast and (4) 32 Watt Lamps with ISL ballast and 25 Watt AIRPORT T44 Lamps 29 8 Johnson Confrofs, Inc. Initials: Performance Contract (Rev 15] 04/08 Johnson Controls, Inc. - Proprietary ® 2008 Johnson Controls, Inc. 16 City Jnf( ls: 1 • • • • • • • • • 1 • • • • . • • . • • • • • • • • • • • • i . • . • • • 0 1 • 0 0 i • . i Schedule 2 AIRPORT AIRPORT T44T8 X Replace existing T12 Balllast and (4) 34 Watt Lamps with ISL ballasts and 25 Watt . Lamps (Dual Switched) Replace Existing Incand Exit with New LED exit with battery BU 91 1 10 1 TOTAL 422 97 BUILDING SERVICES 14 Replace existing T12 Lamp and Ballast with ISL ballast and 25 Watt Lamp 6 3 BUILDING Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt SERVICES 24 Lamps 59 10 BUILDING SERVICES 28 Replace existing 2 lamp 8' T12 with 4 lamp 4' KIT 16 6 BUILDING Replace existing PS Balllast and (4) 32 Watt Lamps with ISL ballast and 25 Watt SERVICES T44 - Lamps 24 8 BUILDING Replace existing T12 Balllast and (4) 34 Watt Lamps with ISL ballasts and 25 Watt SERVICES T44T8 Lamps (Dual Switched) 8 3 BUILDING Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt SERVICES W24 Lamps 4 3 TOTAL 119 35 CITY HALL 14 Replace existing T12 Lamp and Ballast with 1SL ballast and 25 Watt Lamp 1 1 Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt CITY HALL 24 Lamps 44 9 Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt CITY HALL 24T12 Lamps 1 1 Replace existing PS Balllast and (2) 32 Watt Lamps with ISL ballast and 25 Watt CITY HALL 24TXX Lamps (extra Height and difficulty) >oot 5 3 Replace existing T12 Balllast and (4)34 Watt Lamps with ISL ballast and 25 Watt CITY HALL 44TT12 Lamps 122 10 Replace existing T12 Balllast and (4) 34 Watt Lamps with ISL ballast and 25 Watt CITY HALL 44WT12 Lamps 75 10 Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt CITY HALL S24T12 Lamps 32 9 Replace existing PS Balllast and (2)17 Watt Lamps with ISL ballast and 17 Watt CITY HALL T22 Lamps (22) 4 3 Replace existing PS Balllast and (2) FB032 Watt Lamps with ISL ballast and F832 25 CITY HALL T22U Watt Lamps 1 1 Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt CITY HALL T24T12 Lamps 14 5 Replace existing PS Balllast and (4) 32 Watt Lamps with ISL ballast and 25 Watt CITY HALL T44 Lamps 35 9 Replace existing T12 Batllast and (4) 34 Watt Lamps with ISL ballasts and 25 Watt CITY HALL T44DS Lamps (Dual Switched) 14 5 Replace existing T12 Balllast and (4) 34 Watt Lamps with ISL ballasts and 25 Watt CITY HALL T44T8 Lamps (Dual Switched) 2 2 Replace existing T12 Balllast and (4) 34 Watt Lamps with ISL ballast and 25 Watt CITY HALL T44XX Lamps ( Extra Height and Difficulty) XX 40 9 Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt CITY HALL W24 Lamps 5 3 Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt CITY HALL WM24 Lamps 18 6 CITY HALL x Replace Existing Incand Exit with New LED exit with battery BU 1 1 TOTAL 414 87 FIRE STATION Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt 41 24 Lamps 6 3 FIRE STATION Replace existing PS Balllast and (1) 17 Watt Lamp with ISL ballast and 17 Watt 41 12W Lamps (12) 2 2 FIRE STATION 41 150W F Replace existing 150 inc fixture with new 2 lamp t5 ho vt fixture 6 3 FIRE STATION Replace existing T12 Balllast and (4) 34 Watt Lamps with 1SL ballast and 25 Watt 41 44TT12 Lamps 51 10 FIRE STATION 41 A100 Replace existing 100W incand with 23 watt CF 1 1 Johnson Controls, Inc. Initials: Performance Contract (Rev 15] 04108 Johnson Controls, Inc. - Proprietary 2006 Johnson Controls, Inc. 17 (k7y fnrtials: Schedule 2 FIRE STATION #1 A60 Replace existing 60W incand with 15 watt CF 18 6 FIRE STATION #1 A75 Replace existing 75W incand with 23 watt CF 2 2 FIRE STATION #1 mh400 Replace existing 400 watt MH fixtures with new 4 Tamp T5 fixture 5 3 FIRE STATION #1 514T12 Replace existing T12 Balllast and (1) 34 Watt Lamp with ISL ballast and 25 Watt Lamp 4 3 FIRE STATION Replace existing T12 Balllast and (2)34 Watt Lamps with ISL ballast and 25 Watt #1 524T12 Lamps 8 3 FIRE STATION . #1 S28 Replace existing 2 tamp T8 8' with 4 lamp 4' lamp KIT 4 3 FIRE STATION Replace existing PS Balllast and (2) FB032 Watt Lamps with ISL ballast and FB32 25 #1 T22U Watt Lamps 17 6 TOTAL 124 45 FIRE STATION #7 S14T8 Replace existing T12 Lamp and Ballast with ISL ballast and 25 Watt Lamp 14 5 FIRE STATION Replace existing PS Balllast and (3) 32 Watt Lamps with ISL ballast and 25 Watt #7 T34T8 Lamps 30 9 FIRE STATION Replace existing T12 Balllast and (4) 34 Watt Lamps with ISL ballasts and 25 Watt #7 T44T8 Lamps (Dual Switched) - 24 8 FIRE STATION Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt #7 WM24T8 Lamps 8 3 FIRE STATION Replace existing PS Balllast and (3) 32 Watt Lamps with ISL ballast and 25 Watt #7 WM34T8 Lamps 1 1 TOTAL 77 _ 26 FLEET SERVICE 28H0 Replace existing 400 watt MH fixtures with new 4 Tamp T5 fixture 30 9 FLEET SERVICE A60 Replace existing 60W incand with 15 watt CF 2 2 FLEET Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt SERVICE S24T8 Lamps 3 3 FLEET SERVICE S28 Replace existing 2 lamp T8 8' with 4 lamp 4' lamp KIT 34 9 FLEET Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt SERVICE T24T8 Lamps 32 9 FLEET Replace existing PS Balllast and (3) 32 Watt Lamps with ISL ballast and 25 Watt SERVICE T34T8 Lamps 3 3 FLEET Replace existing P5 Balllast and (4) 32 Watt Lamps with ISL ballast and 25 Watt SERVICE T44 Lamps . 9 3 FLEET Replace existing T12 Balllast and (4) 34 Walt Lamps with ISL ballasts and 25 Watt SERVICE T44T8 Lamps (Dual Switched) 92 10 FLEET Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt SERVICE WM24T8 Lamps 12 5 FLEET Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt SERVICE WP24T8 Lamps 2 2 TOTAL 219 55 PARKS AND Replace existing P5 Balllast and (2) 25 Watt Lamps with ISL ballast and 25 Watt RECREATION 23 Lamps (23) 2 2 PARKS AND RECREATION mh400 Replace existing 400 watt MH fixtures with new 4 lamp T5 fixture 13 5 PARKS AND 'Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt RECREATION S24T8 Lamps 5 3 PARKS AND RECREATION S28 Replace existing 2 lamp T8 8' with 4 lamp 4' Tamp KIT 8 3 PARKS AND Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt RECREATION T24T8 Lamps • 8 3 PARKS AND Replace existing T12 Balllast and (4) 34 Walt Lamps with ISL ballasts and 25 Watt RECREATION T44T8 Lamps (Dual Switched) 45 9 PARKS AND Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt RECREATION WP24T8 Lamps 1 1 TOTAL 82 26 Johnson Controls, Inc. Initials: el Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. - Proprietary © 2008 Johnson Controls, Inc. 18 C Iltiafs: • I! • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . i • • • . . •• • • • • • • • • • • • • • • • • • • • • • • • • • • • Johnson Controls, Inc. Initials: ate Schedule 2 REPAIR 28H0 Replace Existing 2 lamp HO Fixtures with 4 lamp KIT Plus Ballast 20 8 REPAIR 28HOVT Replace existing 28ho vt fixtures with new 4 lamp ho t8 fixtures 20 8 REPAIR MH250 Replace existing 250 watt MH fixtures 200 watt pulse start lamp and ballast 9 3 TOTAL 49 19 Grand Total 1506 390 The measurements will be taken with a power meter (preferably Fluke). A calibration certificate of the meter used to take the measurements will be provided in the post -installation report. • • Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. -Proprietary ® 2008 Johnson Controls, Inc. 19 Schedule 2 FIM — Scheduling Thermostats (PMVP/FEMP Option Al — It will be verified that the thermostats are programmed with the schedules mentioned in Section V of Schedule 2. FIM — Variable Frequency Drives on Heating Hot Water Loops {Stipulated based on calculations) - Savings on this FIM are stipulated based on calculations and no measurements will be performed. See Attachment 5. FIM — Building Envelope Improvements (Stipulated based on calculations) - Savings on this FIM are stipulated based on calculations and no measurements will be performed. See Attachment 5. FIM — Retro-commissioning (Stipulated based on calculations) - Savings on this FIM are stipulated based on calculations and no measurements will be performed. See Attachment 5. Performance Reporting: A Post Installation report will be generated following the substantial completion of the project. This report will document the Measurement and Verification activities performed as part of the project. CHANGES IN USE OR CONDMON; ADJUSTMENT TO BASELINE AND/OR ANNUAL PROJECT BENEFITS City agrees to notify JCI, within fourteen (14) days, of (i) any actual or intended change, whether before or during the Guarantee Term, in the use of any facility, equipment, or Improvement Measure to which this Schedule applies; (ii) any proposed or actual expansions or additions to the premises or any building or facility at the premises; (iii) a change to utility services to all or any portion of the premises; or (iv) any other change or condition arising before or during the Guarantee Term that reasonably could be expected to change the amount of Project Benefits realized under this Agreement. Such a change, expansion, addition, or condition would include, but is not limited to: (a) changes in the primary use of any facility, Improvement Measure, or portion of the premises; (b) changes to the hours of operation of any facility, Improvement Measure, or portion of the premises; (c) changes or modifications to the Improvement Measures or any related equipment; (d) changes to the M&V Services provided under this Agreement; (e) failure of any portion of the premises to meet building codes; (f) changes in utility suppliers, utility rates, method of utility billing, or method of utility purchasing; (g) insufficient or improper maintenance or unsound usage of the Improvement Measures or any related equipment at any facility or portion of the premises (other than by JCI); (h) changes to the Improvement Measures or any related equipment or to any facility or portion of the premises required by building codes or any governmental or quasi -governmental entity; or (i) additions or deletions of Improvement Measures or any related equipment at any facility or portion of the premises. Such a change or condition need not be identified in the Baseline in order to permit JCI to make an adjustment to the Baseline and/or the Annual Project Benefits. If JCI does not receive the notice within the time period specified above or travels to either City's location or the project site to determine the nature and scope of such changes, City agrees to pay JCI, in addition to any other amounts due under this Agreement, the applicable hourly consulting rate for the time it took to determine the changes and to make any adjustments and/or corrections to the project as a result of the changes, plus all reasonable and documented out -of pocket expenses, including travel costs. Upon receipt of such notice, or if JCI independently learns of any such change or condition, JCI shall calculate and send to City a notice of adjustment to the Baseline and/or Annual Project Benefits to reflect the Johnson Controls, Inc. Initials: Performance Contract (Rev t5] 04108 Johnson Controls, Inc. — Proprietary ® 2008 Johnson Controls, Inc. 20 City initials: IV) c.r Schedule 2 impact of such change or condition, and the adjustment shall become effective as of the date the change or condition first arose. Should City fail to promptly provide JCI with notice of any such change or condition, JCI may make reasonable estimates as to the impact of such change or condition and as to the date on which such change or condition first arose in calculating the impact of such change or condition, and such estimates shall be conclusive. Johnson Controls, fn r Inrtiafs: . Performance Contract (Rev 15] 04108 Johnson Con trots, Inc. —Proprietary ® 2008 Johnson Controls, Inc. 21 •( `City rnitars: s Schedule 2 IV. BASELINE CALCULATIONS AND UTILITY RATES The unit utility costs for the Baseline period are set forth below as "Base Utility Cost" and shall be used for all calculations made under this Schedule. The Base Utility Cost shall be escalated annually by the actual utility cost escalation but such escalation shall be no less than the mutually agreed "floor" escalation rate of three percent (3.0%). The Base Utility Cost for each type of utility represents the 12 month average utility costs from January, 2007 through December, 2007. Base Utility.Cost Building I Electric Energy $!kWh Electric Demand $/kW Natural Gas $/MMBtu City Hall $ 0.0466 $5.70 $ 11.528 Building Services $ 0.0511 $5.45 $ 11.854 Fire Station #1 $ 0.0527 $5.68 $ 12.026 Airport $ 0.0474 $5.76 $ 11.881 Fire Station #7 $ 0.0527 $5.68 $ 12.026 Fleet and Transportation $ 0.0511 $5.45 $ 11.854 Parks and Recreation $ 0.0520 $5.72 $ 11.854 Johnson Controls, Inc. Initials: Performance Contract [Rev 15] 04/08 Johnson Controk, Inc. — Proprietary ® 2008 Johnson Controls, Inc. 22 City Initial Schedule 2 V. PRIMARY OPERATIONS SCHEDULE PRE & POST RETROFIT Pre -Retrofit Facility/Area City Hall and Fire Station Number 1 HVAC Fleet and Transportation HVAC Time On Time Off Time On Time Off Monday 12 AM 12 AM 5AM 7PM Tuesday 12 AM 12 AM SAM 7PM Wednesday 12 AM 12 AM 5AM 7 PM Thursday 12 AM 12 AM 5AM 7 PM Friday 12 AM 12 AM 5AM 7PM Saturday 12 AM 12 AM 5AM 7 PM Sunday 12 AM 12 AM 5AM 7PM Holidays 12 AM 12 AM 5AM 7PM Occupied Room Temperature During Heating Season: 68 to 72 degrees F Unoccupied Low Temperature Limit During Heating Season 68 degrees F Heating season is November 16 to April 15 Occupied Room Temperature During Cooling Season: 74 to 76 degrees F Unoccupied High Temperature Limit During Cooling Season: 76 degrees F Cooling season is April 16 to November 15 Post -Retrofit Facility/Area City Hall HVAC Fleet and Fire Station Number 1 Fire Station Number 1 Transportation HVAC Office HVAC Living Quarters HVAC Time On Time Off Time On Time Off Time On Time Off Time On Time Off Monday 6 AM 10 PM 6 AM 7 PM 12 AM 12 AM 6 AM 8 PM Tuesday 6 AM 7 PM 6 AM 7 PM 12 AM 12 AM 6 AM 8 PM Wednesday 6 AM 10 PM 6 AM 7 PM 12 AM 12 AM 6AM 8 PM Thursday 6 AM 10 PM 6 AM 7 PM 12 AM 12 AM 6AM 8 PM Friday 6 AM 7 PM 6 AM 7 PM 12 AM 12 AM 6 AM 8 PM Saturday 6 AM 7PM Setback! Setback 1 12 AM 12 AM 6AM 8 PM Setup Setup Sunday Setback! Setback! Setback/ Setback/ 12 AM 12 AM 6 AM 8 PM Setup Setup Setup Setup Holidays Setback! Setback 1 Setback / 1 Setback! 12 AM 12 AM 6 AM 8 PM Setup Setup Setup Setup Occupied Room Temperature During Heating Season: 68 to 72 degrees F Johnson Controls, Inc. Initials:________ Performance Contract [Rev 15] 04108 Johnson Controls, Inc. - Proprietary @2008 Johnson Controls, Inc. - 23 lCfY rnitiafs: + Heating season is November 16 to April 15 Occupied Room Temperature During Cooling Season: 74 to 76 degrees F Unoccupied High Temperature Limit During Cooling Season: 80 degrees F Cooling season is April 16 to November 15 During 'Off' hours, HVAC equipment cycles to maintain appropriate zone setback/setup temperature. hours for lighting fixtures and are listed in Attachment 4. Johnson Controls, Inc. inifials: Performance Contract (Rev 15] 04108 Johnson Controls, Inc. -Proprietary ® 2008 Johnson Controls, Inc. C In&fs > 1 Schedule 2 VI. MEASUREMENT & VERIFICATION SERVICES JCI will provide the M&V Services set forth below in connection with the Assured Performance Guarantee. 1. During the Installation Period, a JCI Performance Assurance Specialist will track Measured Project Benefits. JCI will report the Measured Project Benefits achieved during the Installation Period, as well as any Non -Measured Project Benefits applicable to the Installation Period, to City within 60 days of the commencement of the Guarantee Term. 2. Within 60 days of each anniversary of the commencement of the Guarantee Term, JCI will provide City with an annual report containing: A. an executive overview of the project's performance and Project Benefits achieved to date; B. a summary analysis of the Measured Project Benefits accounting; and C. depending on the M&V Option, a detailed analysis of the Measured Project Benefits calculations. 3. During the Guarantee Term, a JCI Performance Assurance Specialist will monitor the on -going performance of the Improvement Measures, as specified in this Agreement, to determine whether anticipated Measured Project Benefits are being achieved. In this regard,. the Performance Assurance Specialist will periodically assist City, on -site or remotely, with respect to the following activities: A. review of information furnished by City from the facility management system to confirm that control strategies are in place and functioning; B. advise City's designated personnel of any performance deficiencies based on such information; C. coordinate with City's designated personnel to address any performance deficiencies that affect the realization of Measured Project Benefits; and D. inform City of opportunities to further enhance project performance and of opportunities for the implementation of additional Improvement Measures. 4. For specified Improvement Measures utilizing an "Option A" M&V protocol, JCI will: A. conduct pre and post installation measurements required under this Agreement; B. confirm the building management system employs the control strategies and set points specified in this Agreement; and C. analyze actual as -built information and adjust the Baseline and/or Measured Project Benefits to conform to actual installation conditions (e.g., final lighting and water benefits calculations will be determined from the as -built information to reflect the actual mix of retrofits encountered during installation). 5. For specified Improvement Measures utilizing an "Option B" M&V protocol, JCI will: A. confirm that the appropriate metering and data points required to track the variables associated with the applicable Improvement Measures' benefits calculation formulas are established; and B. set up appropriate data capture systems (e.g., trend and totalization data on the facility management system) necessary to track and report Measured Project Benefits for the applicable Improvement Measure. Johnson Controls, Inc. Initials: Performance Contract (Rev 15) 04/08 Johnson Controls, Inc. — Propnefary ® 2008 Johnson Controls, Inc. 25-` Ci(y Initials: Schedule 3 CITY RESPONSIBILITIES In order for JCl to perform its obligations under this Agreement with respect to the Work, the Assured Performance Guarantee, and the M&V Services, City,shall be responsible for: 1 Providing JCI, its subcontractors, and its agents reasonable and safe access to all facilities and properties that are subject to the Work and/or M&V Services; 2. Providing for shut down and scheduling of affected locations during installation, including timely shutdowns of chilled water and hot water systems as needed to accomplish the Work and/or M&V Services; 3. Providing timely reviews and approvals of design submissions, proposed change orders, and other project documents; 4. Providing the following information with respect to the project and project site as soon as practicable following JCI's request: a. surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; b. geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the project site; c. temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the project, and enable JCl to perform the -Work; d. a legal description of the project site; e. as -built and record drawings of any existing structures at the project site; and f. environmental studies, reports and impact statement describing the environmental conditions, including hazardous conditions or materials, in existence at the project site. 5. Securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable JCI to perform the Work; 6. Providing assistance to JCI in obtaining any permits, approvals, and licenses that are JCI's responsibility to obtain as set forth in Schedule 1; 7. Obtaining any permits, approvals, and licenses that are necessary for the performance of the Work and are not JCI's responsibility to obtain as set forth in Schedule 1; 8. Properly maintaining, and performing appropriate preventative maintenance on, all, equipment and building systems affecting the Assured Performance Guarantee in accordance with manufacturers' standards and specifications; 9. Providing the utility bills, reports, and similar information reasonably necessary for administering JCL's obligations under the Assured Performance Guarantee within five (5) days of City receipt and/or generation or JCI's request therefor; 10. Providing all records relating to energy and/or water usage and related maintenance of the premises and relevant equipment requested by JCI; Johnson Controls, Inc. Initials: G/__ � City ln#ia c?\S' Performance Contract [Rev 15]04108 Johnson Controls, Inc. - Proprietary ® 2008 Johnson Controls, Inc. 26 Schedule 3 11. Providing and installing utility sub -meters on all new construction and/or additions built during the Guarantee Term as recommended by JCI or, alternatively, paying JCI's applicable fees for calculating necessary adjustments to the Assured Performance Guarantee as a result of the new construction; 12. Providing and maintaining a dedicated telephone line and/or TCP/IP remote connection to facilitate remote monitoring of relevant equipment; 13. Promptly notifying JCI of any change in use or condition described in Section III of Schedule 2 or any other matter that may impact the Assured Performance Guarantee; 14. Taking all actions reasonably necessary to achieve. the Non -Measured Project Benefits; Johnson Controls, Inc. fnftiafs: Performance Contract (Rev 15104/08 Johnson Controls, Inc. — Proprfetary 0 2008 Johnson Controls, Inc. 27 City fnhiaf- Schedule 4 PRICE AND PAYMENT TERMS City shall make payments to JCI pursuant to this Schedule 4. 1. Work. The City shall pay JCI for the performance of JCI's Work and other obligations under this Agreement the total sum of two hundred eight three thousand two hundred and six dollars ($283,206.00) subject to any adjustments articulated herein. Upon execution of this Agreement the City shall make an initial payment to JCI of twenty nine thousand five hundred and thirty seven dollars ($29,537.00) as part of the total sum. Thereafter, JCI shall submit to the City applications for payment in a manner acceptable to the City no later than the 20th of the month in which the Work represented by the billing is performed. The City shall make payments within thirty (30) days of the City's receipt of the application. Final payment shall be made within thirty (30) days after the completion of the work included in this Agreement. 2. M & V Services, The total price for JCI's M&V Services, as detailed on Schedule 2 of this Agreement, is $8,160.00 This amount will be paid to JCI in one (1) annual payment of $8,160.00. These payments will be due and payable when City receives JCI's invoice and in advance of the services JCI is to provide, and shall be one (1) billing for described services. Billing amount $8,160.00 Due Date: Thirty (30) days following execution of this Agreement Johnson Controls, Inc. Initials: Ctq Performance Contract [Rev 15104108 Johnson Controls, Inc. — Proprietary © 2008 Johnson Controls, Inc. 28 City inrti s: • • Attachment I S • NOTICE TO PROCEED Johnson Controls, Inc. 1188 North Salem Rd., Suite 14 Fayetteville, AR 72703 • ATTN: Dennis Haywood Re: Notice to Proceed for City of Fayetteville Dear Dennis: This Notice to Proceed is being issued by City of Fayetteville ("City") to Johnson Controls, Inc. ("JCI") pursuant to that certain Performance Contract entered into between City and JCI for the purpose of notifying JCI to commence work under such contract. In the event that this Notice to Proceed is delivered by City prior to the execution of the Performance Contract by City and JCI, City understands and expects JCI will incur significant costs and expenses in complying with this Notice to Proceed. In the event the Performance Contract is not executed by the parties, for any reason, City agrees to pay JCI for its costs and fees incurred in complying with this Notice to Proceed on a time and material basis. City also agrees JCI shall be entitled to a reasonable markup thereon for profit and overhead. City agrees to pay amounts billed by JCI no later than five (5) days after City receives JCI's payment application. JCI will continue to submit payment applications to City until the Performance Contract is executed. Once the Performance Contract is executed, JCI will begin submitting its payment applications to City in accordance with the terms and conditions set forth therein. Any amounts already paid by City will be credited towards the Performance Contract price. By signing and dating this Notice to Proceed, the parties hereto agree to these terms and represent and warrant they have the authority to execute this Notice to Proceed on behalf of their respective organizations. i City of Fayetteville r Signature: 1 • Printed Name: Th r L—AOdU Title, A Y` 1 D� i Date: • ACKNOWLEDGED & AGREED TO: • JOHNSON CONTROLS, INC. i Signature: Zte Printed Name: _/s /s yi . • Title: IGt,1ac /11► / Z • Date: ZIIaO 10 8 _ S O 1 • S Attachment 2 i CHANGE ORDER S a i S 0 I 0 I ___________________ ___________________. I i • Performance Contract dated October 16, 2008 between Johnson Controls, Inc. and City of Fayetteville Change Order No. Date (moldaylyr) City City of Fayetteville The above referenced Performance Contract is hereby modified to the extent described below in accordance with the Terms and Conditions of the CHANGE ORDERS section thereof. Scope of Work changed as follows: Total amount of this Chana Order.............................................................................. $ Total Performance Contract amount as revised by this Change Order.......................... The time for completion is: increased, decreased, LI unchanged. (mo, day, yr) The new completion date resulting from this Change Order is: (check if applicable} Assured Performance Guarantee changed as follows: Unless specifically changed by this Change Order, all terms, conditions and provisions of the above referenced Performance Contract remain unchanged and in full effect. JOHNSON CONTROLS, INC. CITY Signature: Si nature: Printed Name: Printed Name: Title: Title: • • Attachment 3 • • CERTIFICATE OF SUBSTANTIAL COMPLETION PARTIES: JOHNSON CONTROLS, INC. ("JCI") • 1188 North Salem Road, Suite 14 Fayetteville, AR 72703 City of Fayetteville ("City") 113 W. Mountain • Fayetteville, AR 72701 PROJECT: City of Fayetteville; Performance Contract dated October 16, 2008 between JCI and City By executing this Certificate of Substantial Completion, City acknowledges the following: • a. The work set forth in the Performance Contract is substantially complete. • b. City has received the manuals, warranty information, and training required under the Performance Contract. • c. The following punch list items must be completed by JCI (check as applicable): • ❑ punch list attached • ❑ punch list complete d. Upon completion of the punch list items, or if such punch list items are complete, JCI and City shall • sign the Certificate of Final Completion attached hereto. • Dated . }, 20. CITY: JOHNSON CONTROLS, INC. Signature: Signature: . Printed Name: Printed Name: • Title: Title: • • • • f • • • • • • • • 1 • • Attachment 3 CERTIFICATE OF FINAL COMPLETION Johnson Controls, Inc. ("JCI") 1188 North Salem Rd., Suite 14 Fayetteville, AR 72703 City of Fayetteville("City") 113W. Mountain Fayetteville, AR 72701 City of Fayetteville; Performance Contract dated October 16, 2008 between JCI and City By executing this Certificate of Final Completion, City acknowledges the following: The work set forth in the Performance Contract has been reviewed and determined by City to be fully complete. b. City accepts the work as complete and hereby releases JCI's obligations under any performance and payment bonds posted for the project as of the date set forth below. JOHNSON CONTROLS, INC. Signature: Printed Name: Signature: Printed Name: Title: i • M 0 i 0 i 0 I I S I S S S S i Attachment 4 LIGHTING IMPROVEMENTS SCOPE OF WORK Johnson Controls shall install lighting improvement retrofits as shown in Table 1. Energy Conservation Measure codes are listed in Table 2. Table 1 - Lighting Improvement Retrofits EXISTING ENERGY,CONSERVATION MEASURE] Room Area Fixture ECM Building : Floor Room Description type Qty Code Iwatts Hours Code Qty Watts Controlled HE o BUILDING SERVICES 2 200 ENTRY HALL 2 W24 72 6705 A 2 39 N 6,705 BUILDING SERVICES 2 201 OF OF 2 T44 145 3895 E 2 77 N 3,895 BUILDING SERVICES 2 202 OF OF 2 144 145 3895 E 2 77 N 3,895 BUILDING SERVICES OF 2 W24 72 3895 A 2 39 N 3,895 BUILDING SERVICES 2 203 OF OF 4 T44 145 3895 E 4 77 N 3,895 BUILDING SERVICES 2 204 KIT OF 6 24 70 3895 A 6 39 N 3,895 BUILDING SERVICES 3 300 STOR STOR 4 28 130 2505 C17 4 77 N 2,505 BUILDING SERVICES STOR 5 24 70 2505 A 5 39 N 2,505 BUILDING SERVICES 2 205 LAUNDRY OF 1 28 130 3895 C17 1 77 N 3,895 BUILDING SERVICES OF 1 T44 145 3895 E 1 77 N 3,895 BUILDING SERVICES 2 206 SHOP OF 9 28 130 3895 C17 9 77 N 3,895 BUILDING SERVICES OF 5 144 145 3895 E 5 77 N 3,895 BUILDING SERVICES 2 207H HALL HALL 2 28 130 6705 C17 2 77 N 6,705 BUILDING SERVICES 2 208 BREAK OF 4 24 70 3895 A 4 39 N 3,895 3 O Attachment 4 • . _________________________________________ . ____ __ _____ ______ __ ___ __ ____ i .I' i i I i i S i I S S . ____ ______ __ ___ __ ____ _______ . ____ ______ __ ___ __ ____ _______ . ____ ________ _____ __ __ _____ __ 4 Buildin ,Floor Room Room Descri tian Area a TI1EX1.STIWG -ENERGY.00NSERVATION MEASURE Fixture God Watts � Hf oursl EG��M �Code7 IQ 7 Wti atts7 Conte H BUILDING SERVICES 2 209 OF OF • 2 T44 145 3895 E 2 77 Y 2,475 BUILDING - SERVICES 2 210 JC JC 1 14 40 2505 B 1 21 Y 500 BUILDING SERVICES 2 211 MRR RR 2 T44 145 6150 E 2 77 Y 2,470 BUILDING SERVICES RR 1 14 40 6150 B 1 21 Y 2,470 BUILDING SERVICES 2 212 WRR RR 2 144 145 6150 E 2 77 Y 2,470 BUILDING SERVICES RR 1 14 40 6150 B 1 21 Y 2,470 BUILDING SERVICES 2 213 STAIR! EXIT HW 1 24 70 6705 A 1 39 N 6,705 BUILDING SERVICES HW 1 14 40 6705 B 1 21 N 6,705 BUILDING SERVICES 2 214 OF OF 2 T44 145 3895 E 2 77 Y 2,475 BUILDING SERVICES 2 215 CONE OF 2 T44T8 144 3895 El 2 77 Y 2,475 BUILDING SERVICES 2 216 COPY OF 5 T44T8 144 3895 El 5 77 N 3,895 BUILDING SERVICES 2 216 HARLAN OF 1 T44T8 144 3895 El 1 77 N 3,895 BUILDING SERVICES 2 217 HALL HALL 2 24 70 6705 A 2 39 N 6,705 BUILDING - SERVICES 2 218 OF STOR I T44 145. 2505 E 1 77 Y 500 BUILDING SERVICES 2 219 OF OF 1 144 145 3895 E 1 77 Y 2,475 BUILDING SERVICES 2 220 STOR STOR 1 24 70 2505 A 1 39 N 2,505 BUILDING SERVICES 3 301 GYM STAIR STAIR 1 14 40 8760 B 1 21 N 8,760 S • M Attachment 4 . ____ ________ . ___ ___ __ ____ __ ___ __ i I S S i i . _____ __ __ _______ ____ __ ______ . __ __ _______ ____ __ ______ _____ . 5 • Buildin Floor PRoom Room Description Area type y EXISTING l■ Fixture Code? Wat#s flours ENERGY. CONSERVATION MEASURE ECM Coded WIE attsl Controlled Hours BUILDING SERVICES 3 302 -201 OF 14 24 70 3895 A 14 39 Y. 2,475 BUILDING SERVICES 3 303 - 202 EXER OF 22 24 70 3895 A 22 39 Y 2,475 BUILDING SERVICES 3 304 JC JC 1 14 40 2505 B 1 21 N 2,505 BUILDING SERVICES 3 305 MRR RR 2 24 70 6150 A 2 39 N 6,150 BUILDING SERVICES 3 306 WRR RR 2 24 70 6150 A 2 39 N 6,150 FIRE STATION #1 1 100 ENTRY HALL 2 A60 60 6705 I1 2 15 N 6,705 FIRE STATION #1 1 100A OFFICE OFF 5 44TT12 144 3895 E4 5 78 N 3,895 FIRE STATION #1 1 100A OFFICE OFF 2 A60 60 3895 11 2 15 N 3,895 FIRE STATION #1 1 100T TRUCK BAYS STOR 5 mh400 455 2505 N 5 227 N 2,505 FIRE STATION #1 1 100T TRUCK BAYS STOR 6 150WF 150 2505 N3 6 63 N 2,505 FIRE STATION #1 1 TRUCK BAYS STOR 3 S24T12 72 2505 A2 3 39 N 2,505 FIRE STATION #1 1 TRUCK BAYS STOR 4 S28 109 2505 C13 4 77 N 2,505 FIRE STATION #1 1 TRUCK BAYS STOR 4 S24T12 72 2505 A2 4 39 N 2,505 FIRE STATION #1 1 TRUCK BAYS STOR 1 A100 100 2505 13 1 23 N 2,505 FIRE STATION #1 STAIR STAIR 4 T22U 61 8760 C 4 39 N 8,760 FIRE STATION #1 2 KITCHEN OF 9 44TT12 144 3895 E4 9 78 N 3,895 FIRE STATION #1 2 DORM OFF 14 44TT12 144 3895 E4 14 78 N 3,895 S i Attachment 4 • • • a ________ ____ ________ _______ __ i • i • i • • • i 0 • i • i . ____ __ ______ ___ ______ __ _____ i • • • S • • • .6 . 1 Pd!9 =Floors Raom Roam Descriiion Area pe EXISTING Fixture � Cod [Watts? ENERGY.CONSERVATION ECM H FC MEASURE. LWI ours FIRE STATION #1 2 SLEEP OFF 1 24 70 3895 A 1 39 N 3,895 FIRE STATION #1 2 POLE HOLE STOR 2 A75 75 2505 14 2 23 N 2,505 FIRE STATION #1 2 TRAINING CR 7 441112 144 4035 E4 7 78 N 4,035 FIRE STATION #1 2 OFFICE OFF 2 441112 144 3895 E4 2 78 Y 2,475 FIRE STATION #1 2 OFFICE OFF 2 441112 144 3895 E4 2 78 Y 2,475 FIRE STATION #1 2 LOUNGE OFF 4 441112 144 3895 E4 4 78 N 3,895 FIRE STATION #1 2 WOMEN RR 1 12W 18 6150 C10 1 17 N 6,150 FIRE STATION #1 2 OFFICE OFF 2 T22U 61 3895 C 2 39 Y 2,475 FIRE STATION #1 2 OFFICE OFF 1 A60 60 3895 11 1 15 N 3,895 FIRE STATION #1 2 RESTROOM RR 4 S14T12 46 6150 810 4 21 N 6,150 FIRE STATION #1 2 RESTROOM RR 1 12W 18 6150 C10 1 17 N 6,150 FIRE STATION #1 2 OFFICE OFF 2 T22U 61 3895 C 2 39 N 3,895 FIRE STATION #1 2 OFFICE OFF 2 T22U 61 3895 C 2 39 N 3,895 FIRE STATION #1 2 OFFICE OFF 2 T22U 61 3895 C 2 39 N 3,895 FIRE STATION #1 2 OFFICE OFF 2 441112 144 3895 E4 2 78 N 3,895 FIRE RCCFT NORE STATION #1 2 OFFICE OFF 2 WIST 0 3895 TRO 2 0 N 3,895 FIRE STATION #1 2 BEDROOM OFF 1 24 70 3895 A 1 39 N 3,895 • Attachment 4 . w EXISTING __ ____________ AN . _____________ ___ ______ _____ __ . • • S S . ____ ______ __ ___ ______ __ _____ . ____ ______ __ ______ __ ___ _____ . ____ ______ __ ___ ______ __ _____ . ____ ______ __ ___ ______ __ _____ i S i O .7 "Deon Area Fixture ENERGY,CONSERVATION MEASURE ECMJ Buildin Floar Room y FHT type Ce w COde� W[ attsl conftoJ rH1ours FIRE STATION #1 1 OFFICE OFF 3 T22U 61 3895 C 3 39 Y 2,475 FIRE STATION #1 1 OFFICE OFF 1 44TT12 144 3895 E4 1 78 N 3,895 FIRE STATION #1 1 OFFICE OFF 2 T22U 61 3895 C 2 39 N 3,895 FIRE STATION #1 1 OFFICE OFF I 44TT12 144 3895 E4 1 78 N 3,895 FIRE STATION #1 1 OFFICE OFF 3 A60 60 3895 11 3 15 N 3,895 FIRE STATION #1 1 WOMEN RR 1 24 70 6150 A 1 39 Y 2,470 FIRE STATION #1 1 MEN RR 3 24 70 6150 A 3 39 N 6,150 FIRE CONFERENC STATION #1 1 E OFF 10 A60 60 3895 I1 10 15 N 3,895 FIRE STATION #1 1 CHIEF OFF 3 44TT12 144 3895 E4 3 78 Y 2,475 FIRE BREAK STATION #1 1 ROOM OFF 1 44TT12 144 3895 E4 1 78 N 3,895 FIRE STATION #1 MECH MEP 1 S24T12 72 2505 A2 1 39 N 2,505 FIRE STATION #7 1.. , VESTIBULE HALL I T34T8 86 6705 D 1 58 N 6,705 FIRE STATION #7 OFFICE OFF 4 T34T8 86 3895 D 4 58 N 3,895 FIRE STATION #7 LOUNGE OFF 6 T34T8 86 3895 D 6 58 N 3,895 FIRE STATION #7 LOUNGE OFF 14 S14T8 40 3895 8 14 21 N 3,895 FIRE STATION #7 KITCHEN OFF 6 T34T8 86 3895 D 6 58 N 3,895 FIRE STATION #7 STORAGE STOR 1 T34T8 86 2505 D 1 58 Y 500 i Attachment 4 i i . ____ _____ __ ____ ________ _____ . __ ____ ________ _____ ____ _____ i i __ __ __ . ____ __ ____ __ _______ i i i i i i i i i i i i i . ____ ______ __ ___ ______ __ _____ i . ____ ______ __ ___ ______ __ _____ i i i ____ ________ . _________ _______ 8 i i i t. - VA EXISTING -'�<:�s ENERGY CONSERVATION MEASURE iI Fixture.. yRoom Budding ,Floor° Room` . Descn tion r, Codec Watts Hours : Coded . iWatts aControlled Hours' FIRE STATION #7 OFFICE OFF 2 T34T8 86 3895 D 2 58 Y 2,475 FIRE STATION #7 TOILET RR 1 WM24T8 58 6150 A 1 39 Y 2,470 FIRE STATION #7 STAIR STAIR 4 WM24T8 58 8760 A 4 39 N 8,760 FIRE STATION #7 MEN RR 2 T34T8 86 6150 D 2 58 N 6,150 FIRE STATION #7 MEN RR 2 WM24T8 58 6150 A 2 39 N 6,150 FIRE NORE STATION #7 MEN RR 2 RCCF 0 6150 TRO 2 0 N 6,150 FIRE STATION #7 STORAGE STOR 1 T34T8 86 2505 D 1 58 Y 500 FIRE STATION #7 WOMEN RR 1 T34T8 86 6150 D 1 58 Y 2,470 FIRE STATION #7 WOMEN RR 1 WM24T8 58 6150 A 1 39 Y 2,470 FIRE STATION #7 JANITOR STOR 1 WM34T8 86 2505 D 1 58 N 2,505 FIRE STATION #7 MECH MEP 2 T34T8 86 2505 D 2 58 N 2,505 FIRE STATION #7 BEDROOM 1 OFF 2 T34T8 86 3895 O 2 58 N 3,895 FIRE STATION #7 BEDRROM 2 OFF 2 T34T8 86 3895 D 2 58 N 3,895 FIRE NORE STATION #7 OPEN BDR OFF 12 RCCF 0 3895 TRO 12 0 N 3,895 FIRE STATION #7 TRUCK BAYS OFF 24 T44T8 144 3895 El 24 77 N 3,895 FLEET BREAK SERVICE 1 ROOM CONF 6 T44T8 144 2530 El 6 77 N 2,530 FLEET TOILET SERVICE 1 CORRIDOR HALL 3 T44T8 144 6705 El 3 77 N 6,705 O Attachment 4 . _______________ .____ __ ______________ _______ S S . ____ ________ ___ __ ____ __ ___ __ • 9 Now. AreaFixtureECMFloor EXISTING ENERGY.CONSERVATION MEASURE Description type Code Watts H! oeirsl Cod Ic?3iii1 FHours FLEET •Watts1 SERVICE 1 MEN RR, 1 14418 144 6150 El 1 77 Y 2,470 FLEET SERVICE 1 MEN RR 1 WM24T8 58 6150 A 1 39 Y 2,470 FLEET SERVICE 1 WOMEN RR 1 T44T8 144 6150 El 1 77 Y 2,470 FLEET SERVICE 1 WOMEN RR 1 WM24T8 58 6150 A 1 39 Y 2,470 FLEET MECHANICA SERVICE 1 L MEP 1 S24T8 58 2505 A 1 39 N 2,505 FLEET SERVICE.. 1 CORRIDOR HALL 3 T24T8 58 6705 A 3 39 N 6,705 FLEET SERVICE 1 OFFICE OFF 4 T44T8 144 3895 El 4 77 Y 2,475 FLEET SERVICE 1 OFFICE OFF 4 T44T8 144 3895 El 4 77 Y 2,475 FLEET OPEN SERVICE 1 OFFICE OFF 14 14418 144 3895 El 14 77 Y 2,475 FLEET SERVICE 1 PARTS STOR 24 S28 109 2505 C13 24 77 N 2,505 FLEET MECHANICA SERVICE 1 L MEP 1 S24T8 58 2505 A 1 39 Y 500 FLEET SERVICE 1 FLEET SHOP OFF 60 28HO 455 3895 N 30 227 N 3,895 FLEET SERVICE 1 TOILET RR 1 S24T8 58 6150 A 1 39 Y 2,470 FLEET SERVICE STAIR HALL 2 WP24T8 58 6705 A 2 39 N 6,705 FLEET SERVICE STAIR STAIR 2 WM24T8 58 8760 A 2 39 N 8,760 FLEET OPEN SERVICE 2 OFFICE OFF 4 T44T8 144 3895 El 4 77 N 3,895 FLEET ' SERVICE 2 CORRIDOR HALL 11 T44T8 144 6705 El 11 77 N 6,705 i Attachment 4 S __ __ ___ __ . ____ _____ __ i . ____ ________ _____ __ __ _____ __ . ____ __ ______ ___ ____ __ _____ __ . ____ __ ______ ___ ____ __ ________ . ____ __ ______ ___ ____ __ _______ 10 S • • "Buildingl ;Floors Room, "ROIT D M,,. EXISTING IFixturel Cdi� eWatts [H1 ENERGY.CONSERVATION ECM Cod MEASURE W� attsl Cont H1 FLEET SERVICE 2 STORAGE STOR 2 WM24T8 58 2505 A 2 39 Y 500 FLEET SERVICE 2 WOMEN RR 2 12418 58 6150 A 2 39 Y 2,470 FLEET MECHANICA SERVICE 2 206 L MEP 2 T24T8 58 2505 A 2 39 Y 500 FLEET SERVICE 2 MEN RR 2 12418 58 6150 A 2 39 Y 2,470 FLEET SERVICE 2 214 OFFICE OFF 4 T44T8 144 3895 El 4 77 Y 2,475 FLEET SERVICE 214A OFFICE OFF 2 T44T8 144 3895 El 2 77 Y 2,475 FLEET SERVICE 2 217 OFFICE OFF 2 T44T8 144 3895 El 2 77 Y 2,475 FLEET SERVICE 2 212 OFFICE OFF 2 T44T8 144 3895 E1 2 77 Y 2,475 FLEET SERVICE 2 213 OFFICE OFF 4 T44T8 144 3895 El 4 77 Y 2,475 FLEET SERVICE 216 OFFICE OFF 2 T44T8 144 3895 El 2 77 N 3,895 FLEET SERVICE 216A OFFICE OFF 3 T44T8144 3895 El 3 77 Y 2,475 FLEET SERVICE 214 OFFICE OFF 2 T44T8 144 3895 El 2 77 Y 2,475 FLEET SERVICE 217 OFFICE OFF 3 T24T8 58 3895 A 3 39 Y 2,475 FLEET SERVICE 219 OFFICE OFF 6 T44T8 144 3895 El 6 77 N 3,895 FLEET SERVICE 220 STORAGE STOR 3 T24T8 58 2505 A 3 39 Y 500 FLEET SERVICE 221 STORAGE STOR 3 T24T8 58 2505 A 3 39 Y 500 FLEET SERVICE 215 OFFICE OFF 2 T44T8 144 3895 El 2 77 Y 2,475 O Attachment 4 i___________________ . _______________ _______ ____ S i . __ _______ ____ ____ __ _____ __ S S 11 IFscri Room Mtype EXISTINGIi Fixture ENERGY,CONSERVATION ECM MEASURE Buildin Floor Rf oom1 tion Code Watts Hours Code Watts Controlled Hours FLEET SERVICE 2 BACK STAIR STAIR 3 WM24T8 58 8760 A 3 39 N 8,760 FLEET BREAK SERVICE 209 ROOM CONF 14 T24T8 58 2530 A 14 39 N 2,530 FLEET SERVICE 204 LOCKER RR 8 T4418 144 6150 El 8 77 N 6,150 FLEET SERVICE 202 OFFICE OFF 7 14418 144 3895 El 7 77 N 3,895 FLEET SERVICE 202 OFFICE OFF 3 13418 86 3895 D 3 58 N 3,895 FLEET SERVICE 200 STORAGE STOR 3 WM24T8 58 2505 A 3 39 Y 500 FLEET SERVICE 1 OFFICE OFF 2 T44 145 3895 E 2 77 N 3,895 FLEET SERVICE 1 TOILET RR 2 A60 60 6150 11 2 15 Y 2,470 FLEET SERVICE I WORK OFF 3 T44 145 3895 E 3 77 N 3,895 FLEET SERVICE 1 STORAGE STOR 4 144 145 2505 E 4 77 N 2,505 FLEET SERVICE EVIDENCE STOR 10 628. 109 2505 C13 10 77 N 2,505 FLEET NORE SERVICE EXTERIOR EXT 2 MH250 0 4350 TRO 2 0 N 4,350 PARKS AND BREAK RECREATION I ROOM OFF 6 14418 144 3895 El 6 77 N 3,895 PARKS AND RECREATION 1 LOCKERS HALL 5 144T8 144 6705 El 5 77 N 6,705 PARIS AND RECREATION 1 OFFICE OFF 1 14418 144 3895 E1 1 77 N 3,895 PARKS AND RECREATION I MEN RR 2 T44T8 144 6150 El 2 77 Y 2,470 PARKS AND RECREATION 1 WOMEN RR 2 T4418 144 6150 El 2 77 Y 2,470 Attachment 4 . ____ ________ _______________________ . ____ ________ _____ ____ _______ . ____ __ ______ _____ __ __ _____ __ S • i . ____ __ ______ _____ __ __ _____ __ . ____ __ ______ _________ _____ __ I ______________ . ___ ______ __ _____ ______________ . ___ ______ __ _____ 12 F" ., :r < : r. ,• _ �.. • • '.t EXISTING. ..+ ENERGY CONSERVATION MEASURE ° `floor` • s ` '`" Q `" : Build n ( Room` Destcrion. type ! Code _ Watts: Hours 'Code's' `3Watts aCnntro led . ` Hours PARKS AND RECREATION 1 SHOP STOR 9 mh400 455 2505 N 9 227 N 2,505 PARKS AND RECREATION 1 SHOP STOR 2 23 47 2505 C3 2 38 N 2,505 PARKS AND RECREATION 2 OFFICE OFF 1 S24T8 58 3895 A 1 39 N 3,895 PARKS AND AIR RECREATION I COMPRESS STOR 2 S24T8 58 2505 A 2 39 Y 500 PARKS AND RECREATION 1 TOOL ROOM STOR 2 S24T8 58 2505 A 2 39 Y 500 PARKS AND RECREATION 1 TRAFFIC OFF 6 S28 109 3895 C13 6 77 N 3,895 PARKS AND RECREATION 1 TRAFFIC OFF 4 mh400 455 3895 N 4 227 N 3,895 PARKS AND RECREATION 1 SIGN OFF 8 T24T8 58 3895 A 8 39 Y 2,475 PARKS AND RECREATION I OFFICE OFF 2 T44T8 144 3895 El 2 77 N 3,895 PARKS AND RECREATION 1 EQUIP STOR STOR 2 S28 109 2505 C13 2 77 Y 500 PARKS AND FINAN RECREATION 1 OFFICE OFF 2 T44T8 144 3895 El 2 77 Y 2,475 PARKS AND PARKS RECREATION 1 SUPER OFF 2 T44T8 144 3895 El 2 77 Y 2,475 PARKS AND URBAN RECREATION 1 FOREST OFF 2 T44T8 144 3895 El 2 77 Y 2,475 PARKS AND HORTICULTU RECREATION 1 RE OFF 2 T44T8 144 3895 El 2 77 N 3,895 PARKS AND RECREATION 1 CORRIDOR HALL 2 T44T8 144. 6705 El 2 77 N 6,705 PARKS AND MECHANICA RECREATION 1 L MEP 1 T44T8 144 2505 El 1 77 Y 500 PARKS AND RECREATION 1 DIRECTOR OFF 2 T44T8 144 3895 El 2 77 Y 2,475 S S • S • S S S i • S • a S S S S Attachment 4 BUlldln Floor Room Room. Descri Lion Area a M. EXISTING G' ENERGY. CONSERVATION MEASURE Code -M (Watts !Fixture.. Hours C die W4 aft con Hf ooun PARKS AND RECREATION 1 PARK PLANNER OFF 4 T44T8 144 3895 El 4 77 Y 2,475 PARKS AND RECREATION 1 PARKS SUPER OFF 2 T44T8 144 3895 El 2 77 Y 2,475 PARKS AND RECREATION 1 REC. SUPER OFF 2 14418 144 3895 El 2 77 N 3,895 PARKS AND RECREATION 1 FRONT OFFICE OFF 6 T44T8 144 3895 El 6 77 N 3,895 PARKS AND RECREATION. OFF 1 WP24T8 58 3895 A 1 39 N 3,895 REPAIR 001 REPAIR OFF 20 28HO 225 3895 C21 20 77 N 3,895 REPAIR SALT STOR STOR 9 MH250 275 2505 N2 9 210 N 2,505 REPAIR STOR 3 HPS50 0 2505 NORE TRO 3 0 N 2,505 REPAIR WASH BAY OFF 20 28HOVT 225 3895 C22 20 84 N 3,895 CITY HALL 3 324 OPEN OFFICE OFF 8 44TT12 144 3895 E4 8 78 Y 2,475 CITY HALL 3 320 OFFICE OFF 2 44TT12 144 3895 E4 2 78 Y 2,475 CITY HALL 3 319 OFFICE OFF 3 44TT12 144 3895 E4 3 78 N 3,895 CITY HALL 3 318 OFFICE OFF 3 44TT12 144 3895 E4 3 78 Y 2,475 CITY HALL 3 317 OFFICE OFF 3 44TT12 144 3895 E4 3 78 Y 2,475 CITY HALL 3 316 OFFICE OFF 4 T44XX 144 3895 E5 4 78 N 3,895 CITY HALL 3 315 OFFICE OFF 11 CF15 15 3895 NORE TRO4 11 15 Y 2,475 CITY HALL 3 313 CON FERENC E CONF 3 44TT12 144 2530 E4 3 78 Y 1,620 13 S • Attachment 4 . _________________ I ___ __ . ____ __ ______ _________ __ . ________ ______ _______ __ _____ __ S I S . ____ ______ __ _____ __ __ _____ __ . ________ ______ _______ __ _____ __ ____ __ ______ . _______ __ _____ __ 14 5 Puildlin Floors PRoom P"Ro Ple _EXISTING Fixture Fixture Watts Hrsl I ou ENERGY.CONSERVATIONMEASURE� ECM PCodt I1 Controlled Hours CITY HALL 3 311A BREAKROOM OFF 1 44TT12 144 3895 E4 1 78 N 3,895 CITY HALL 3 311 COPY STOR 2 44TT12 144 2505 E4 2 78 N 2,505 CITY HALL 3 310 STAIR STAIR 1 24 72 8760 A 1 39 N 8,760 CITY HALL 3 309 OPEN OFFICE OFF 4 441112 144 3895 E4 4 78 Y 2,475 CITY HALL 3 308 OPEN OFFICE OFF 3 44TT12 144 3895 E4 3 78 N 3,895 CITY HALL 3 308A OFFICE OFF 1 44TT12 144 3895 E4 1 78 Y 2,475 CITY HALL 3 307 OFFICE OFF 1 44TT12 144 3895 E4 1 78 Y 2,475 CITY HALL 3 306 OFFICE OFF 1 441112 144 3895 E4 1 78 N 3,895 CITY HALL 3 306A OPEN OFFICE OFF 3 T44XX 144 3895 E5 3 78 N 3,895 CITY HALL 3 306B OFFICE OFF 1 44TT12 144 3895 E4 1 78 Y 2,475 CITY HALL 3 306C STORAGE STOR 1 T44XX 144 2505 E5 1 78 Y 500 CITY HALL 3 303 OFFICE OFF 2 T44XX 144 3895 E5 2 78 Y 2,475 CITY HALL 3 302 OFFICE OFF 2 T44XX 144 3895 E5 2 78 Y 2,475 CITY HALL 3 302A OFFICE OFF 3 T44XX 144 3895 E5 3 78 Y 2,475 CITY HALL 3 332 STAIR STAIR 1 24 72 8760 A 1 39 Y 8,760 CITY HALL 3 331 MECHANICA L MEP 4 24 72 2505 A 4 39 N 2,505 CITY HALL 3 329 MEN RR 1 44TT12 144 6150 E4 1 78 N 6,150 • Attachment 4 . _______________ S i • • S i . __ ________ ____ __ _______ i • __ __ ___ __ ____ __ ____ __ _______ . __ __ ___ __ ____ ________ _______ i i S S 15 • • Iluildin Floor Room Room Description EXISTiNGi'_ �ENERGY,CONSERVATION MEASURE� fArea Fixture Cade Watts HJ o ECM Cod Watts Controlled Hours CITY HALL 3 329 MEN RR 1 122 .____ 33 6150 C8 1 27 N 6,150 CITY HALL 3 330 WOMEN RR 1 44TT12 144 6150 E4 1 78 N 6,150 CITY HALL 3 330 WOMEN RR 1 T22 33 6150 C8 1 27 N 6,150 CITY HALL 3 327 BOARD ROOM CONE 4 441112 144 2530 E4 4 78 Y 1,620 CITY HALL 3 326 CONFERENC E CONF 6 441112 144 2530 E4 6 78 Y 1,620 CITY HALL 2 213 STAIR STAIR 1 241XX 72 8760 A10 1 39 N 8,760 CITY HALL 2 213H CORRIDOR HALL 2 441112 144 6705 E4 2 78 N 6,705 CITY HALL 2 214 OFFICE OFF 1 441112 144 3895 E4 1 78 Y 2,475 CITY HALL 2 217 AUDIT OFF 4 T44DS 144 3895 E1 4 77 Y 2,475 CITY HALL 2 212 OFFICE OFF 3 441112 144 3895 E4 3 78 Y 2,475 CITY HALL 2 212 OFFICE OFF 1 T22U 75 3895 C 1 39 Y 2,475 CITY HALL 2 212H CORRIDOR HALL 3 441112 144 6705 E4 3 78 N 6,705 CITY HALL 2 211 OFFICE OFF 2 T44DS 144 3895 E1 2 77 Y 2,475 CITY HALL 2 210 OFFICE OFF 2 T44DS 144 3895 E1 2 77 Y 2,475 CITY HALL 2 209 OFFICE OFF 2 441112 144 3895 E4 2 78 Y 2,475 CITY HALL 2 205 OFFICE OFF 5 T44XX 144 3895 E5 5 78 N 3,895 CITY HALL 2 207 STORAGE STOR 1 441112 144 2505 E4 1 78 Y 500 Attachment 4 Building -- FIF 1l "Detionj -- Area type Qty EXISTING Fixture Code WL atts HoursCo'del MENERGY.CONSERVATION ECM MEASURE! LWi1 [C?3IIedI FH�1Ii1s CITY HALL 2 201 OFFICE OFF 2 44TT12 144 3895 E4 2 78 N 3,895 CITY HALL 2 203 OFFICE OFF 3 441112 144 3895 E4 3 78 N 3,895 CITY HALL 2 204 OFFICE OFF 2 44TT12 144 3895 E4 2 78 N 3,895 CITY HALL 2 202 OFFICE OFF 3 44TT12 144 3895 E4 3 78 N 3,895 CITY HALL 2 203A STORAGE STOR 1 44TT12 144 2505 E4 1 78 N 2,505 CITY HALL 2 203 STAIR STAIR 1 24TXX 72 8760 A10 1 39 N 8,760 CITY HALL 2 229 MECHANICA L MEP 6 WM24 72 2505 A 6 39 N 2,505 CITY HALL 2 228 WOMEN RR 2 44TT12 144 6150 E4 2 78 Y 2,470 CITY HALL 2 228 WOMEN RR 2 WM24 72 6150 A 2 39 Y 2,470 CITY HALL 2 226 MEN RR 2 44TT12 144 6150 E4 2 78 Y 2,470 CITY HALL 2 226 MEN RR I WM24 72 6150 A 1 39 Y 2,470 CITY HALL 2 226 MEN RR 1 CF15 15 6150 NORE TRO4 t 15 Y 2,470 CITY HALL 2 227 MECHANICA L MEP 1 S24T12 75 2505 A2 1 39 N 2,505 CITY HALL 2 225 OFFICE OFF 5 44TT12 144 3895 E4 5 78 N 3,895 CITY HALL 2 222 OFFICE OFF 4 T44DS 144 3895 El 4 77 Y 2,475 CITY HALL 2 221 OFFICE OFF 2 T44DS 144 3895 El 2 77 Y 2,475 CITY HALL 2 219 COUNCIL OFF 20 T44XX 144 3895 E5 20 78 N 3,895 16 S • Attachment 4 . _ . _______ __ ____ _______ . ________ _____ __ S i i . _ _ _ _ ____ __ ___ _ • . __ _____ ____ __ ____ __ _____ __ __ . __ __ _____ ____ __ ____ __ _______ • 17 • I!ding'rFrrRoom Room Descri ion EXISTING ENERGY,CONSERVATION MEASURE IArea fExture Code Watts Hours ECM FC4d M 1UI1J1Hours CITY HALL 2 219 COUNCIL OFF 28 CF15 15 3895 NORE TRO4 28 15 N 3,895 CITY HALL 2 219 COUNCIL OFF 1 x 40 3895 X1 1 3 N 3,895 CITY HALL 2 200 CORRIDOR HALL 6 CF15 15 6705 NORE TRO4 6 15 N 6,705 CITY HALL B 034H HALL HALL 3 WM24 72 6705 A 3 39 Y 4,120 CITY HALL B 034A OFFICE OFF 2 44WT12 144 3895 E4 2 78 Y 2,475 CITY HALL B 035A STORAGE STOR 2 44WT12 144 2505 E4 2 78 Y 500 CITY HALL B 036A STORAGE STOR 2 44WT12 144 2505 E4 2 78 Y 500 CITY HALL 8 037A OFFICE OFF 9 44WT12 144 3895 E4 9 78 N 3,895 CITY HALL B 018 STAIR STAIR 1 W24 72 8760 A 1 39 N 8,760 CITY HALL B 016 MECHANICA L MECH 8 24 75 2505 A 8 39 N 2,505 CITY HALL B 015 WOMENS RESTROOM RR 1 44WT12 144 6150 E4 1 78 N 6,150 CITY HALL 8 RR 1 24 75 6150 A 1 39 N 6,150 CITY HALL B 014 MENS RESTROOM RR 1 44WT12 144 6150 E4 1 78 N 6,150 CITY HALL B RR 1 122 33 6150 C8 1 27 N 6,150 CITY HALL B 009 OFFICE OFF 5 44WT12 144 3895 E4 5 78 N 3,895 CITY HALL B 009H HALL 2 WM24 72 6705 A 2 39 N 6,705 CITY HALL B 012 OFF 1 44WT12 144 3895 E4 1 78 Y 2,475 Attachment 4 . __________________ . _ ___ _________ ____ i S S . ____ __ . ____ ________ _____ ____ _____ __ S S ____ __ ______ . _______ __ _______ ., 18 S Building Fioor� Roam Room Descri tion lullEXISTING . ENERGY,CONSERVATION MEASURE Area a ® _Q Fixture Cde IWattiHours ECM Code lw Watts Controlled � Hi ours CITY HALL B 010 OFFICE OFF 3 44WT12 144 3895 E4 3 78 Y 2,475 CITY HALL B 011 OFFICE OFF 2 44WT12 144 3895 E4 2 78 Y 2,475 CITY HALL B 038H HALL HALL 1 WM24 72 6705 A 1 39 N 6,705 CITY HALL B 038A OFFICE OFF 2 T44T8 144 3895 El 2 77 Y 2,475 CITY HALL B 038B STOW PRINT OFF 2 441112 144 3895 E4 2 78 Y 2,475 CITY HALL B 039 MECHAN ICA L MECH 4 24 75 2505 A 4 39 N 2,505 CITY HALL B 040A RECORDS STOR 2 441112 144 2505 E4 2 78 Y 500 CITY HALL B 040H HALL HALL 3 WM24 72 6705 A 3 39 N 6,705 CITY HALL B 041A OFFICE OFF 2 44WT12 144 3895 E4 2 78 Y 2,475 CITY HALL B 042A OFFICE OFF 4 44WT12 144 3895 E4 4 78 N 3,895 CITY HALL B 004 OFFICE GIS OFF 7 44WT12 144 3895 E4 7 78 /N 3,895 CITY HALL B 004A OFFICE OFF 2 44WT12 144 3895 E4 2 78 N 3,895 CITY HALL B 031 OFFICE OFF 4 44WT12 144 3895 E4 4 78 N 3,895 CITY HALL B 033 OFFICE OFF 2 44WT12 144 3895 E4 '2 78 Y 2,475 CITY HALL B 032A STORAGE STOR 1 24 75 2505 A 1 39 Y 500 CITY HALL B 032 OFFICE OFF 3 44WT12 144 3895 E4 3 78 Y 2,475 CITY HALL B 030 OFFICE OFF 2 44WT12 144 3895 E4 2 78 N 3,895 Attachment 4 S . ____ _____ i S I S i____ ______ __ _______ __ _____ __ S . ____ __ ____ __ _______ __ _______ i S i____ __ ______ __ ___ ______ S i i 19 Pd!gIIAoor Raom Room Descri�£ion Area �.r a EXISTING Fixtur Code Watts '' lliours ENERGY CONSERVATION MEASURE I ECM _ , __ , , Code Waits Controlled i Hours . CITY HALL B 029 STAIR ST 1 44WT12 144 5010 E4 1 78 N 5,010 CITY HALL B 029 STAIR ST 1 24TXX 72 5010 A10 1 39 N 5,010 CITY HALL B 028 STORAGE STOR 4 44WT12 144 2505 E4 4 78 Y 500 CITY HALL B 026 OFFICE OFF 4 24 75 3895 A 4 39 Y 2,475 CITY HALL B 024 OFFICE OFF 4 24 75 3895 A 4 39 Y 2,475 CITY HALL B 024B OFFICE OFF 4 W24 72 3895 A 4 39 Y 2,475 CITY HALL B 020H HALL HALL 1 44WT12 144 6705 E4 1 78 N 6,705 CITY HALL B 020 OFFICE OFF 2 44WT12 144 3895 E4 2 78 N 3,895 CITY HALL B 023 OFFICE OFF 1 44WT12 144 3895 E4 1 78 N 3,895 CITY HALL B 021 OFF 4 44WT12 144 3895 E4 4 78 N 3,895 CITY HALL B 022 OFFICE OFF 2 44WT12 144 3895 E4 2 78 Y 2,475 CITY HALL B OFF 5 24 75 3895 A 5 39 Y 2,475 CITY HALL B 023A OFFICE OFF 2 44WT12 144 3895 E4 2. 78 N 3,895 CITY HALL B 019 OFF 4 44WT12 144 3895 E4 4 78 N 3,895 CITY HALL 1 105 STAIR STAIR 1 24TXX 72 8760 A10 1 39 N 8,760 CITY HALL 1 104 OFFICE OFF 2 441112 144 3895 E4 2 78 Y 2,475 CITY HALL 1 106 MECHANICA L MEP 2 24 75 2505 A 2 39 N 2,505 i Attachment 4 . _______ _ ___________ __ _ . ____ ____ . I_______ ____ _ __ __ S . ____ ________ _____ __ __ _____ __ __ _______ . ____ ________ _______ i I I I S I • ____ __ ______ ___ . ______ __ _____ i • 20 . • - - P� Buiidin FlaorJ - - - Room: _.. -- Room CiescriptionCode Area EXISTING Fixture Watts HoursCod ENERGY,CONSERVATIO ECM MEASURE Watts Con[ trolled) ;• H[ ours) CITY HALL 1 106A HALL HALL 3 NORET RO 0 6705 NORE TRO 3 0 N 6,705 CITY HALL 1 108 MEN RR 1 44TT12 144 6150 E4 1 78 Y 2,470 CITY HALL 1 108 MEN RR 1 122 33 6150 C8 1 27 Y 2,470 CITY HALL 1 109 WOMEN RR 1 44TT12 144 6150 E4 1 78 Y 2,470 CITY HALL 1 109 WOMEN RR 1 14 40 6150 B 1 21 Y 2,470 CITY HALL 1 100A MAIL OFF 1 24112 75 3895 A2 1 39 Y 2,475 CITY HALL 1 100 CORRIDOR HALL 19 CF15 15 6705 NORE TR04 19 15 N 6,705 CITY HALL 1 131 OPEN OFFICE OFF 7 44TT12 144 3895 E4 7 78 N 3,895 CITY HALL 1 132 OFFICE 'OFF 2 441112 144 3895 E4 . 2 78 Y 2,475 CITY HALL 1 132A OFFICE OFF 1 441T12 144 3895 E4 1 78 Y 2,475 CITY HALL 1 132B VAN H OFF 1 24 72 3895 A 1 39 N 3,895 CITY HALL 1 125 OPEN OFFICE OFF 6 44T112 144 3895 E4 6 78 N 3,895 CITY HALL 1 125A VAN H OFF 1 24 72 3895 A 1 39 N 3,895 CITY HALL 1 110 OPEN OFFICE OFF 12 NORET RO 0 3895 NORE TRO 12 0 N 3,895 CITY HALL 1 110 OPEN OFFICE OFF 2 447112 144 3895 E4 2 78 N 3,895 CITY HALL 1 110 OPEN OFFICE OFF 1 24 72 3895 A 1 39 N 3,895 CITY HALL 1 110A . OFFICE OFF 2 44T112 144 3895 E4 2 78 Y 2,475 S • Attachment 4 . ____ _______ S I S S S S . __ __ __ __ _____ ____ ______ __ ___ . __ __ _____ ____ ______ __ _______ I S • S • 21 • i Building Floor.Fl 1R Room Description EXISTING 111 II ENERGY CONSERVATION MEASURE Area Fixture Ce IWai1Hours ECM� Code y_ Watts Controlled Hours CITY HALL 1 111 CONFERENC E CONF 6 441112 144 2530 E4 6 78 Y 1,620 CITY HALL 1 111A CORRIDOR HALL 2 441112 144 6705 E4 2 78 Y 4,120 CITY HALL 1 143A OFFICE OFF 4 447112 144 3895 E4 4 78 Y 2,475 CITY HALL 1 143A OFFICE OFF 3 124T12 75 3895 A2 3 39 Y 2,475 CITY HALL 1 142A COPY OFF 2 441112 144 3895 E4 2 78 Y 2,475 CITY HALL 1 142A COPY OFF 2 124112 75 3895 A2 2 39 Y 2,475 CITY HALL 1 141A OFFICE OFF 2 T44 144 3895 E 2 77 Y 2,475 CITY HALL 1 141A OFFICE OFF 2 724112 75 3895 A2 2 39 Y 2,475 CITY HALL 1 140A MECHANICA L MEP 6 24 75 2505 A 6 39 N 2,505 CITY HALL 1 139A MEN RR 4 S24112 75 6150 A2 4 39 Y 2,470 CITY HALL 1 138A WOMEN RR 4 S24112 75 6150 A2 4 39 N 6,150 CITY HALL 1 137A OFFICE OFF 2 144 144 3895 E 2 77 Y 2,475 CITY HALL 1 137A OFFICE OFF 2 T24T12 75 3895 A2 2 39 Y 2,475 CITY HALL 1 136A LOUNGE OFF 2 144 144 3895 E 2 77 Y 2,475 CITY HALL 1 136A LOUNGE OFF 3 T24T12 75 3895 A2 3 39 Y 2,475 CITY HALL 1 136 BREAKROOM OFF 4 144 144 3895 E 4 77 Y 2,475 CITY HALL 1 136B CORRIDOR HALL 23 S24112 75 6705 A2 23 39 N 6,705 S Attachment 4 S EXISTING S I S S S S S S S S S S S S S S S ____ __ ______ . ___ ____ __ _______ S 22 S S � S Buildin � Floors Room Room Oescri lion Area Fixture �Cod� Watts Hours iENERGY EGM�� �Codel _CONSERVATION � MEASURE watts Controlled Hours CITY HALL 1 134A OFFICE OFF 4 144 144 3895 E 4 77 Y 2,475 CITY HALL 1 134A OFFICE OFF 2 T24T12 75 3895 A2 2 39 Y 2,475 CITY HALL I 112A OPEN OFFICE OFF 4 NORET RO 0 3895 NORE TRO 4 0 N 3,895 CITY HALL 1 112A OPEN OFFICE OFF 6 144 144 3895 E 6 77 Y 2,475 CITY HALL 1 113 OFFICE OFF 2 T44 144 3895 E 2 77 Y 2,475 CITY HALL 1 112 OFFICE OFF 2 144 144 3895 E 2 77 N 3,895 CITY HALL 1 118 STORAGE STOR 2 T44 144 2505 E 2 77 N 2,505 CITY HALL 1 119 OFFICE OFF 5 T44 144 3895 E 5 77 N 3,895 CITY HALL 1 121 OFFICE OFF 2 144 144 3895 E 2 77 Y 2,475 CITY HALL 1 122 OFFICE OFF 2 T44 144 3895 E 2 77 Y 2,475 CITY HALL 1 STAIR STAIR 1 24TXX 72 8760 A10 1 39 N 8,760 AIRPORT SHOP 1 OFF 6 MH400 455 3895 N 6 227 N 3,895 AIRPORT SHOP 2 OFF 4 441112 144 3895 E4 4 78 N 3,895 AIRPORT OFFICE OFF 9 14418 144 3895 El 9 77 N 3,895 AIRPORT LAUNDRY OFF 1 T44T8 144 3895 El 1 77 Y 2,475 AIRPORT MEN RR 2 T44T8 144 6150 El 2 77 N 6,150 AIRPORT STORAGE STOR 7 T24T8 75 2505 A 7 39 N 2,505 • • • Attachment 4 . _______ __ __ i S i i i S . __ ____ __ ____ __ _____ __ __ _____ . _______ ____ __ ____ __ _____ __ __ S • 23 • • _ .._ ... Building _. Fi . 1R "Deon Area EXISTINGlf Fixture CoJ i ' WL atftiou ENERGY.CONSERVATlON ECM J Code fQ Z MEASURE Watts rcIi1 FH1ours AIRPORT STAIR STAIR 2 S24XX 72 8760 A10 2 39 N 8,760 AIRPORT OFFICE OFF 4 12418 75 3895 A 4 39 Y 2,475 AIRPORT OFFICE OFF 4 S24T8 75 3895 A 4 39 Y 2,475 AIRPORT STORAGE STOR 1 T24T8 75 2505 A 1 39 N 2,505 AIRPORT TOILET RR 1 T24T8 75 6150 A 1 39 N 6,150 AIRPORT MECH MEP 1 T24T8 75 2505 A 1 39 N 2,505 AIRPORT HALL 1 HALL 1 T24T8 75 6705 A 1 39 N 6,705 AIRPORT OPEN OFFICE OFF 12 T24T8 75 3895 A 12 39 N 3,895 AIRPORT STORAGE STOR 1 T24T8 75 2505 A 1 39 N 2,505 AIRPORT HALL 2 HALL 1 T24T8 75 6705 A 1 39 N 6,705 AIRPORT EXTERIOR EXT 6 MH250 275 4350 N2 6 210 N 4,350 AIRPORT RAMP EXT 16 MH400 0 4350 noreU o 16 0 N 4,350 AIRPORT 1 KEY KEY OFF 1 T24T12 75 3895 A2 1 39 Y 2,475 AIRPORT STORAGE STOR 3 T24T12 75 2505 A2 3 39 Y 500 AIRPORT FILES OFF 3 144 112 3895 E 3 77 Y 2,475 AIRPORT OFFICE (RAY) OFF 4 T44T8 144 3895 E1 4 77 Y 2,475 AIRPORT OFFICE (JAMES) OFF 2 T44T8 144 3895 El 2 77 Y 2,475 Attachment 4 i __ • Attachment 4 . ___ ____ ______ ________ _____ __ . __ i _______________ S S S 0 i____ __ _____ __ __ __ _____ S __ __ _____ •. ____ __ _______ • 25 • luilBuilding rFIoor Room Room Description EXISTING;_ ENERGY.CONSERVATION MEASURE Area ypa Fixture Cad W, Hours /ECM LCade WL atts ConE trolledl HI ours] AIRPORT OFF 15 T44T8 144 3895 E1 15 77 Y 2,475 AIRPORT OFFICE OFF 4 T44T8 144 3895 El 4 77 Y 2,475 AIRPORT OFFICE OFF 3 14418 144 3895 E1 3 77 Y 2,475 AIRPORT OFFICE OFF 2 T44T8 144 3895 El 2 77 Y °2,475 AIRPORT CLOSET STOR 1 a60 60 2505 11 1 15 N 2,505 AIRPORT OFFICE OFF 2 T44T8 144 3895 El 2 77 Y 2,475 AIRPORT BREAK OFF 5 T44T8 144 3895 E1 5 77 Y 2,475 AIRPORT SIM ROOM OFF 2 T44T8 144 3895 El 2 77 Y 2,475 AIRPORT OFFICE OFF 3 T44T8 144 3895 El 3 77 Y 2,475 AIRPORT HALL HALL 2 T44T8 144 6705 El 2 77 N 6,705 AIRPORT OFFICE OFF 2 T44T8 144 3895 El 2 77 Y 2,475 AIRPORT OFFICE OFF 2 T44T8 144 3895 El 2 77 Y 2,475 AIRPORT OFFICE OFF 2 14416 144 3895 El 2 77 Y 2,475 AIRPORT OFFICE OFF 3 T44T8 144 3895 El 3 77 N 3,895 AIRPORT OFFICE OFF 2 T44T8 144 3895 El 2 77 Y 2,475 AIRPORT VESTIBULE OFF 5 CF15 15 3895 NORE TRO4 5 15 N 3,895 AIRPORT STORAGE STOR 1 144 112 2505 E 1 77 N 2,505 Attachment 4 i S I S 0 I I I S I . ____ ________ ___ ______ __ _____ I. 0 . ____ __ ______ _____ __ __ _____ __ I ____ __ . ______ _______ __ _____ __ ____ __ ______ . _______ __ _______ 26 S S • L Buildin Floor Room Room Descri Lion Area EXISTING �ENERGY,CONSERVATION MEASURE Fixture Co'd� Watts Hours ECM -a Cadel �k Wl aitsl Con � Hl o� AIRPORT SALON OFF 12 CF15 15 3895 NORE TRO4 12 15 N 3,895 AIRPORT C 3 GROUP OFF 5 T22UT8 61 3895 C 5 39 N 3,895 AIRPORT FLORIST OFF 4 T22UT8 61 3895 C 4 39 N 3,895 AIRPORT WILMA'S OFF 20 T44 112 3895 E 20 77 N 3,895 AIRPORT WILMA'S OFF 6 13418 91 3895 D 6 58 N 3,895 AIRPORT KITCHEN OFF 9 T24T12 75 3895 A2 9 39 N 3,895 AIRPORT KITCHEN OFF 3 T22 33 3895 C8 3 27 N 3,895 AIRPORT OFF 5 144 112 3895 E 5 77 N 3,895 AIRPORT OFF 1 X 40 3895 Xl 1 3 N 3,895 AIRPORT 1 WILMA'S OFF 6 175MH 195 3895 N7 6 85 N 3,895 AIRPORT OFF 14 F75 72 3895 12 14 20 N 3,895 AIRPORT MENS RR 7 T24T12 75 6150 A2 7 39 N 6,150 AIRPORT WOMENS RR 7 T24112 75 6150 A2 7 39 N 6,150 AIRPORT OFFICE OFF 2 T24T12 75 3895 A2 2 39 N 3,895 AIRPORT EXTERIOR EXT 10 NORET RO . 0 4350 NORE TRO 10 0 N 4,350 AIRPORT VESTIBULE OFF 14 T22UT8 61 3895 C 14 39 N 3,895 AIRPORT VESTIBULE OFF 2 S2418 75 3895 A 2 39 N 3,895 • i • Attachment 4 • • • ___________________ __ ____ ________ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 27 • • Buildin Floor. Room Room Desc■ ri tionl Area EXISTING', ENERGY CONSERVATION MEASURE Fixture Code IWi1 ECM Code Qty II LW1Controlled Hours AIRPORT PARKING EXT 31 INH250 275 4350 N2 31 210 N 4,350 Attachment 4 Table 2- Energy Conservation Measure Codes ECM Code.EMTOtc>ii A Replace existing T12 Balllast and 234 Watt Lamps with ISL ballast and 25 Watt Lamps A2 Replace existing T12 Balllast and (2) 34 Watt Lamps with ISL ballast and 25 Watt Lamps A10 Replace existing PS Balllast and (2) 32 Watt Lamps with ISL ballast and 25 Watt Lamps (extra Height and difficul xxx B Replace existing T12 Lamp and Ballast with ISL ballast and 25 Watt Lamp 610 Replace existing T12 Balllast and (1) 34 Watt Lamp with ISL ballast and 25 Watt Lamp C Replace existing PS Balllast and (2) F6O32 Watt Lamps with ISL ballast and FB32 25 Watt Lamps C3 Replace existing PS Balllast and (2) 25 Watt Lamps with ISL ballast and 25 Watt Lamps (23) C8 Replace existing PS Balllast and (2) 17 Watt Lamps with ISL ballast and 17 Watt Lamps (22) C10 Replace existing PS Balllast and (1) 17 Watt Lamp with ISL ballast and 17 Watt Lamps (12) C13 Replace existing 2 lamp T8 8' with 4 lamp 4' lamp KIT C17 R lace existing 2 lamp 8' 112 with 4 lamp 4' KIT C21 Replace Existing 2 la!p HO Fixtures with 4 lamp KIT Plus Ballast C22 Replace existing 28110 vt fixtures with new 4 lamp ho t8 fixtures D Re lace existing PS Balllast and (3) 32 Watt Lamps with ISL ballast and 25 Watt Lamps E Re lace existing PS Balllast and (4) 32 Watt Lamps with ISL ballast and 25 Watt Lamps El Replace existin T12 Balllast and 434 Watt Lamps with ISL ballasts and 25 Watt Lamps (Dual Switched) E4 Replace existing T12 Balllast and 434 Watt Lamps With ISL ballast and 25 Watt Lamps E5 Replace existing T12 6alllast and 434 Watt Lamps with ISL ballast and 25 Watt Lamps Extra Height and Difficulty) XX 11 Replace existing 60W incand with 15 watt CF 12 Replace existing 75W flood with 20 Watt CF R40 13 Replace existing 100W incand with 23 watt CF 14 Replace existing 75W incand with 23 watt CF N Replace existing 400 watt MH fixtures with new 4 lamp 15 fixture N2 Replace existing 250 watt MH fixtures 200 watt pulse start lamp and ballast N3 Replace existing 150 inc fixture with new 2 lamp t5 ho vt fixture N7 Replace existing 175W mh fixture with new 4 lamp biax fixture X1 Replace Existing Incand Exit with New LED exit with battery BU NORETRO NO RETRO LEAVE AS IS NORETRO4 NO RETRO LEAVE AS IS 28 Building Envelope Improvements/infiltration Reduction Air flow through a crack is dependent on the geometry of the crack by the relationship cfm = FlowFactor * (AP)" * Area The Flow Factor for air is 18.52 and the term (AP)" for rectangular windows is 5.06. Energy loss is calculated from crack air flow and is dependent on heating degree days (HDD) and the fuel efficiency factor. _ cfm*HDD Q FuelEfficiencyFactor The value HDD for Fayetteville, AR is 3586 and the fuel efficiency factor for natural gas is 28,900. The crack areas identified in the audit are Building Envelope Improvements Crack Areas Crack Area_(ft2) Building Doors Windows Roof -Wall Seam Total Airport Terminal 3.22 0.63 38.96 42.81 City Hall 4.62 15.93 20.55 Fire Station #7 2.25 1.25 6.88 10.38 Fleet and Transportation Building Retrocommissioning Baseline energy use for the Fleet and Transportation Building air handling units is calculated from the system parameters tabulated below. Fleet and Transportation Building AHU Energy Use Area Served Exteno * Wall _ *_Area y s K U: Value Supply cfm * r CA cfm .li Jk � kW _ _M seline s1Wk CH f Ert`ergy 3 kWh Ventilatloonn MMBtul3tu Envelope{ [Cooling kWh` AHU-1 1,250 675 0.10 2,000 500 0.56 98 3,157 29 5 3,180 AHU-2 1,250 675 0.10 2,000 500 0.56 98 3,157 29 5 3,180 AHU-3 1,250 675 0.10 3,200 800 1.68 98 9,470 47 15 5,088 AHU-4 1,250 675 0.10 2,625 656 1.12 98 6,313 39 15 4,174 Total 22,097 144 41 15,623 Fan energy is calculated based on fans operating for the baseline hours per week and cycling 15% of the time during non -operating hours. Ventilation energy is the energy required to heat outdoor air to space temperatures and is calculated as (Hrs l wk) * (l 8wk I yr)* OAcfm * 1.08 * (SetPo int — AveDBT VentMMBtu = 1,000,000Btu / MM8tu Where 1.08 is a unit conversion factor and AveDBT = 41.7F is the average heating season outdoor dry bulb temperature. Building envelope heat losses are calculated as EnvelopeMMBtu = (Hrs / wk) * (18 wk / yr) * ExternalArea * UValue * (SetPo int — AveDBT) 1,000,000Btu / MMBtu Cooling energy use is the energy required to lower incoming outdoor air enthalpy to indoor conditions and is calculated as CoolingkWh = (Hrs l kw) * (30wk 1 yr) * OAcfm * 4.5 * Enthalpy * CoolingkW /ton 12,000Btu / ton — hr Savings calculations assume a 5 Btu/hr-F change in enthalpy from outdoor to indoor conditions. Johnson Controls expects a 1.5-% savings when retrocommissioning the Fleet and Transportation Building. City Hall HHW Pump VFD Heating hot water pump savings with variable frequency drives is calculated using the parameters tabulated below. Pump electrical demand is calculated as kW = hp * 0.746kW / hp pf *71 Where pf is assumed to be 0.80 and efficiency (h) is 88.5% for the existing pump and 91.0% for the proposed pump. Pump horsepower is 7.5. Proposed flow is based on a linear relationship from a minimum flow of 40% at the heating set point to 100% at 15F outdoor temperature. 2 Heating Hot Water Pump Parameters • i i S i i S • 3 fi • Day Hours mWours Setback IH1 Baseline UiW Baseline °h Flow MaxFlow°'FlowEren Proposed°/vPumpPumpPumpPumpjje kW Da Ni ht Baseline gyRunSetback KWH Proposed KWH KWH Savings Energy• KWH . • 10 15 8 7 7.9 100% 7.7 100% 100% 119 61 54. 3 15 12 4 8 7.9 100% 7.7 100% 100% 95 31 61 3 20. 152 51 101 7.9 100% 7.7 93% 92% 1,201 344 658 199 • 25 95 31 64 7.9 100% 7.7 87% 83% 751 182. 348 221 0 30 446 159 287 7.9 100% 7.7 80% 75% 3,525 801 1,279 1,444 35 165 66 99 7.9 100% 7.7 73% 67% 1,304 282 352 670 • 40 855 365 490 7.9 100% 7.7 67% 58% 6,757 1,299 1,351 4,106 • 45 253 112 141 7.9 100% 7.7 60% 50% 1,999 326 289 1,384 50 1017 402 615 7.9 100% 7.7 53% 42% 8,037 933 887 6,216 55 247 99 148 7.9 100% 7.7 47% 40% 1,952. 178 ' 197 1,577 60 1041 410 631 7.9 100% 7.7 40% 40% 8,227 547 842 6,838 65 423 168 255 7.9 100% 7.7 40% 40% 3,343 224 340 2,779 70 1426 625 801 7.9 100% 7.7 40% 40% .11,269 834 1,068 9,367 • 75 477 183 294 7.9 100% 7.7 40% 40% 3,770 244 392 3,133 80 1127 563 564 7.9 100% 7.7 40% 40% 8,906 751 752 7,403 85 261 152 109 7.9 100% 7.7 40% 40% 2,063 203 145 1,714 90 528 347 181 7.9 100% 7.7 40% 40% 4,173 463 241 3,468 i 95 89 62 27 7.9 100% 7.7 40% 40% 703 83 36 585 100 129 93 36 7.9 100% 7.7 40% 40% 1,019 124 48 847 105 2 2 7.9 100% 7.7 40% 40% TOTAL 16 69,226 7,909 3 9,346 13 51,971 By signing and dating Attachment 5, the parties hereto agree to the savings calculations agreed to herein. City of Fayettevil e Signature: JL1i Printed Name: Title: Date: 1k4D� ACKNOWLEDGED & AGREED TO: JOHNSON CONTROLS, INC. Signature: Printed Name: U AL t�111a t Title: iC?.G �d Lwt�e►tis zy&_4 ce Date: 4 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: General Government Date Requested Adjustment Number 2008 Division: Mayor's Administration 11/25/2008 Program: Sales Tax Capital Fund Project or Item Added/Increased: Project or Item Deleted/Reduced: $291,366 is- requested in the Energy Performance $291,366 from the Use of Fund Balance. Improvements / Audit Project. Justification of this Increase: Funds will be used for building and utility improvements to various City buildings. Account Name Building Costs Account Name Use of Fund Balance Signatures By Justification o€ this Decrease: Funds will be used for building and utility improvements to various City buildings. Sufficient funding remains to comply with City policy. Increase Budget Account Number 4470 9470 5804 Amount Project Number 00 291,366 07040 1 Decrease Budget Account Number 4470 0947 4999 99 Date Da;e LL/7 Date 0. _ --x$ Finance Directo ite Mayor Date Amount Project Number 291,366 Budget & Research Use Only Type: A B C '�D E General Ledger Date Approval Date Initial Date Posted to General Ledger Initial Date Posted to Project Accounting Initial Date John Coleman Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 12/16/2008 City Council Meeting Date Sustainability Division Action Required: Administration Department )proval of a performance contract with Johnson Controls, Inc. of $283,206 for energy efficiency retrofits and $8,160 r measurement and verification. In addition, approval of a Budt Amendment of $291, 366. $291,366 Cost of this request Account Number 07040.1 Project Number Budgeted Item Deoarm1t Dire r Th12CJ City Attorney Finance and Internal Service Director I Category 1 Project Budget $ Funds Used to Date $ Remaining Balance Budget Adjustment Attached /4 Date Date t\ -2-o8 Date Date Program Category / Project Name Program 1 Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Offi Received in Mayor's Office m t1 rayetievilie FAYETTEVILLE, 113 W. Mountain St. Fayetteville, AR 1 CORRESPONDENCE Telephone: (479) 575-8272 5-8272 TO: City Council FROM: John Coleman, Sustainability Coordinator DATE: December 9, 2008 SUBJECT: Energy Audit and Performance Contracting In 2007, the City of Fayetteville issued a request for qualifications for Energy Service Contractors as defined by Arkansas Code 14-164-402. Johnson Controls, Inc. (JCI) was chosen from the list of applicants to perform a three part audit on City operations as follows: 1. Ten City -owned buildings comprised of approximately 141,000 square feet 2. Current street light operations Water distribution system including the evaluation and determination of non -revenue water usage, JCI completed the audit and has provided a list of facility improvement measures that could be implemented by utilizing performance contracting as defined by the State of Arkansas. In the Council Agenda Session on May 27, 2008 we discussed three options moving forward; one ofwhich included a potential grant for the Airport. Since the May 27`1i meeting we have learned that the Airport will not be able to receive the grant from the State of Arkansas. JCI has provided refined numbers on improvement measures including lighting at the Airport. With this in mind, I am recommending the following scope of work with Johnson Controls, Inc (contract attached). Project Cost = $283,206 - Annual Project Savings = $44,034.60 Measurement & Verification = $8,160 Simple Payback = 6.6 years 1 will review these measures with you during the December 9, 2008 City Council Agenda Session. RESOLUTION NO. A RESOLUTION APPROVING A PERFORMANCE CONTRACT WITH JOHNSON CONTROLS, INC. IN THE AMOUNT OF $291,366.00 FOR ENERGY EFFICIENCY RETROFITS AND SUBSEQUENT MEASUREMENT AND VERIFICATION AT VARIOUS CITY -OWNED FACILITIES; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $291,366.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves a performance contract with Johnson Controls,, Inc. in the amount of $291,366.00 for energy efficiency retrofits and subsequent measurement and verification at various city -owned facilities. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Budget Adjustment in the amount of $291,366.00. PASSED and APPROVED this 161 day of December, 2008. APPROVED: By: ATTEST: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer V'1 V'1 [V F� [� [•1 O o�0 00 ,- M G3 V] �..y (!j 69 fP S9 69 5A b9 00 cr O'. �D ' N J C� 00 oC V'1 p6 6�3 � ^ y3 Efi Y3 W3 [�3 � b4 69 b9 69 •s rr�� ryry ��pp ��pp pppp pp 0 jP 121 I ' I a 9uiplin� �, aaafoad x x >c x x x x x x x x x x x x x Q N co N t U, o o0 Page 1 of 1 Clarice Pearman - Res. 236-08 From: Clarice Pearman To: Coleman, John Date: 12.19.08 5:35 PM Subject: Res. 236-08 CC: Audit; Fell, Barbara Attachments: Audit; Fell, Barbara John: Attached is a copy of the above resolution passed by City Council. It will also be confirmation that you did pick up two of the three signed agreements. I will forward to Budget & Research your budget adjustment. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice file ://C:1Documents%20and%20S ettings\cpearman.0001Local%20 Settings\Temp\XPgrpwise\494BDB7 C 12.19.08 /0 wD7 DATE 03/30/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE Marsh USA Inc. 117285AI POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 411 East Wisconsin Avenue AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE AM Best Rating (A5 of 3102101) Suite 1600 Milwaukee, Wisconsin 53202-4419 *See Below Attn: CPU, Phone (414) 290-4912 Fax (414) 290-4953 Company CPU_Miiwaukee@marsh.com ACE American Insurance Company A+ XV A P.O. Box 41484, Philadelphia, PA 19101 INSURED Johnson Controls, Inc.' Attn: Corp. Risk Mgmt. X-92 Company Sentry Insurance A Mutual Co. B 1800 North Point Drive, Stevens Point, WI 54481 A+ XV Johnson Controls Battery Group, Inc. P.O. Box 591 Company Indemnity Insurance Company of North America Johnson Controls Interiors, L.L.C. Milwaukee, WI 53201 JCIM US LLC C and for CA, WI and EX WC: ACE A+ XV Cal -Air, Inc. American Insurance Company GES America, L.L.C. P.O. Box 41484, Philadelphia, PA 19101 Metro Mechanical, Inc. Company Optima Batteries, Inc. D ACE Property & Casualty Insurance Company A+ XV USI Companies, Inc. 436 Walnut Street, Philadelphia, PA 19106 •York International Cor ration THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.,,,, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS R DATE (MMIDD(YY) DATE (MWDDIYY) A GENERAL LIABILITY (1) (3} (4) - GENERALAGGREGATE $ 5,000,000 COMMERCIAL GENERAL LIABILITY HDOG23746396 10-1-2008 10-1-2009 X PRODUCTS-COMPIOP AGG $ 5,000,000 CLAIMS MADE OCCUR $ 5,000,000 PERSONAL & ADV INJURY EACH OCCURRENCE $ 5,000,000 OWNER'S & CONTRACTOR'S PROT Contractual X FIRE DAMAGE (Any one fire $ X X.C.0 (Explosion, Collapse, Underground) _____000 $ 50,000 X Additional Insured- Owners Lessees or Contractors See Below MED EXP (Any one person) B AUTOMOBILE LIABILITY (2) (3) (4) ANY AUTO 90-04606-01 10-1-2008 10-1-2009 COMBINED SINGLE LIMIT $ 5,000,000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY -EA ACCIDENT OTHER THAN AUTO ONLY: ANYAUTO EACH ACCIDENT D EXCESS LIABILITY $ 5,000,000 XOO G23865014 10-1-2008 10-1-2009 EACH OCCURRENCE $ 5,000,000 X UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND WLRC42850585 -- AOS 10-1-2008 10-1-2009 X WC STATU- OTH- EMPLOYERS' LIABILITY (4) W LRC42850573 - CA TORY LIMITS I ER $ 1,000,000 SCFC42850615 - WI X WCUC42850627 - EX WC'; EL EACH ACCIDENT THE PROPRIETOR/ INCL EL DISEASE -POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EACH EMPLOYEE $ 1,000,000 OTHER (1) ADDITIONAL INSURED: If required by contract, Includes coverage for Additional Insureds per attached endorsement. (2) ADDITIONAL INSURED: If required by contract, Includes coverage for Additional Insured and Loss Payees as required by contract. (3) PRIMARY COVERAGE: Where required by lease or contract, this coverage Is primary and not excess of or contributing with other insurance or self-insurance. 4) WAIVER OF SUBROGATION: Insured waives subrogation to the extent required by contract. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS JCI Contract No. Project Name: Customer PO Number: SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, City of Fayetteville, Arkansas THE ISSUING COMPANY WILL EN9S,SioOES5Q MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER Purchasing Division - Room 306 NAMED HEREIN, 113 W. Mountain ' Fayetteville, AR 72701 MARSH USA INC. BY: .a n POLICY NUMBER: HDOG23746396 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Additional Insured Person(s) Or Organization(s): If required by contract, City of Fayetteville, Arkansas Location(s) Of Covered O1 As required by contract, I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Endorsement #A2 A. Section II — Who is An Insured is amended to include as B. With respect to the insurance afforded to these additional an additional insured the person(s) or organization(s) insureds, the following additional exclusions apply: shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and This insurance does not apply to "bodily injury" or advertising injury" caused solely by: "property damage" occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such work, on the 2. The acts or omissions of those acting on your behalf; project (other than service, maintenance or repairs) to be performed by or on behalf of the additional in the performance of your ongoing operations for the insured(s) at the location of the covered operations additional insured(s) at the location(s) designated above, has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Endorsement #A2A Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused solely by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- AWR I7� CERTIFICATE OF LIABILITY INSURANCE DAT9/3/20009 Yt I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marsh USA Inc. 411 East Wisconsin Avenue ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 160O ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. *SEE REVERSE FOR AM BEST RATING Milwaukee, WI 532O2 - 4419 Attn: CPU, Phone (414) 29O-4912 Fax (414) 290.4953 CPUMilwaulcee@marsh.com INSURERS AFFORDING COVERAGE NAIL # (SEE REVERSEI INSURED Johnson Controls, Inc. Attn: Corp Risk Mgmt. X-92 INSURER A: SEE REVERSE SIDE FOR INFORMATION INSURER 8: SEE REVERSE SIDE FOR INFORMATION Johnson Controls Battery Group, Inc. P.O. Box 591 Johnson Controls Interiors, L.L.C. Milwaukee, WI 53201 JCIM US LLC Cal -Air, Inc. GES America, L.L.C. INSURER C: SEE REVERSE SIDE FOR INFORMATION Metro Mechanical Inc. Optima Batteries, Inc. INSURER D: SEE REVERSE SIDE FOR INFORMATION USt Real Estate Brokerage Services Inc. York International Corporation INSURER E: .-.vvc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR DD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS MM/DDIYY MMIDD/YY A GENERAL LIABILITY (1) (3) (4) COMMERICAL GENERAL LIABILITY El El CLAIMS MADE ® OCCUR Contractual x,C,U HDOG24934056 10!1!2009 10/1/2010 EACH OCCURENCE $ 5,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 5,000,000 MED EXP (Any one person) $ 50,000 PERSONAL & ADV INJURY $ 55,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $5,000,000 POLICYEl PROJECT ElLOC B AUTOMOBILE LIABILITY (2) (3) (4) ® ANY AUTO 90-04606-01 10/1/2009 1011 !2010 COMBINED SINGLE LIMIT (Ea Accidem) $ 5,000000 ❑ ALL OWNED AUTOS El SCHEDULED AUTOS BODILY INJURY (Per person) $ ® HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY ❑ ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY. AGO S D EXCESS/UMBRELLA LIABILITY ® OCCUR ❑ CLAIMS MADE XOO 624901154 10/1/2009 10/1/2010 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ ❑ DEDUCTIBLE ❑ RETENTION $ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY (4) ANY PRCPRIETORIPARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? El YIN (Mandatory in NH) Byes, describe under WLRC45702017 - AOS WLRC45702029 - CA SCFC45702030 - WI WCUC45702042 - EX WC WCUC45702625 - EX WC FL 10/1/2009 101112010 WC STATU- OTH- ® TORY LIMITS ❑ ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER (1) ADDITIONAL INSURED: If required by contract, includes coverage for Additional Insureds per attached endorsement. (2) ADDITIONAL INSURED: If required by contract, includes coverage for Additional Insureds and Loss Payees as required by contract (3) PRIMARY COVERAGE; Where required by lease or contract, this coverage is primary and not excess of or contributing with other insurance or self-insurance (4) WAIVER OF SUBROGATION: Insured waives subrogation to the extent required by contract. DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS JCI Contract No. JCI Project Name: Customer PO Number: VCR I r5ptIm 1 C rlVLUCR UANU I_LA T ION City of Fayetteville, Arkansas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Purchasing Division - Room 306 EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL SNOBAVOR TQ 113 W. Mountain Fayetteville, AR 72701 - MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BIJS FA4I.l.IRE-TO DO SO -SHALL IMPOSE PlO OBUGATIOPI OR LIABILITY -OF ANY KIPID UPON ThE INSURER, ITS ACENTS OR R.EPRSBEHT4TIVE& AUTHORIZED REPRESENTATIVE Of MARSH USA INC. \V L&uuoiu 11 V ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) AM Best Rating COMPANIES AFFORDING COVERAGE (as of 911/09) NAIC # 5EE BELOW INSURER A: ACE AMERICAN INSURANCE COMPANY A+ XV 22667 PO Box 41484, Philadel hia, PA 19101 INSURER B: SENTRY INSURANCE A MUTUAL CO. A+ XV 24988 1800 North Point Dr Stevens Point, WI 54481 INSURER C: ACE AMERICAN INSURANCE COMPANY FOR A+ XV 43575 CA, FL, WI AND EX WC; INDEMNITY INS. CO OF NORTH AMERICA FOR ALL OTHERS PO Box 41484, Philadelphia. PA 19101 INSURER D: ACE PROPERTY & CASUALTY INSURANCE A+ XV 2O699 COMPANY 436 Walnut Street. Philadelphia. PA 19106 *A.M. Best ratings of insurers are provided for information purposes only and are based upon information with respect to such ratings available to Marsh USA Inc. on the date set forth herein with respect to such ratings. Marsh USA Inc. will have no responsibility or obligation to, inform the certificate holder or any person relying upon this certificate of any changes in such A.M. Best ratings occurring after such date Marsh USA Inc. will have no liability with respect to the solvency or future ability to pay claims of any of the insurance companies which have issued the insurance policies referenced herein. ** The Auto Liability placement was made by Risk Management Resources, Inc., 121 W. Wacker Dr., Suite 2325, Chicago, IL. Marsh USA Inc. acts in the role of consultant to the Insured with respect to this placement, which is indicated for your convenience POLICY NUMBER: HDOG24934056 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): If required by contract, City of Fayetteville, Arkansas Location(s) Of Covered Operations As required by contract, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Endorsement #A2 ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - NAMED INSURED'S ACTS OR OMISSINONLY A. Section II — Who is An Insured is amended to B. With respect to the insurance afforded to these additional include as an additional insured the person(s) or insureds, the following additional exclusions apply: organization(s) shown in the Schedule, but only with respect to liability for bodily injury", property damage' or This insurance does not apply to "bodily injury' or "personal and advertising injurycaused solely by: "property damage' occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment 2. The acts or omissions of those acting on your behalf; furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional in the performance of your ongoing operations for the insured(s) at the location of the covered operations additional insured(s) at the location(s) designated above, has been completed; or 2. That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Endorsement #A2A ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS NAMED INSURED'S.ACTS OR OMISSIONS ONLY Section I1 —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or property damage" caused solely by your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard." Jacklyn M Lindberg Insurance Assistant I: MARSH IiI MARSH MERCER KRO1L MGUY CARPENTER OLIVER WYMAN September 3, 2009 City of Fayetteville, Arkansas Purchasing Division - Room 306 113W. Mountain Fayetteville, AR 72701- Subject: Johnson Controls, Inc. Johnson Controls L.P. Societe De Controle Johnson Ltee. Certificate of Insurance Coverage Period - October 1, 2009 - October 1, 2010 Dear City of Fayetteville, Arkansas Marsh USA Inc. 411 E. Wisconsin Ave. Suite 1600 Milwaukee, WI 53202 Fax 414 290 4953 Cpu milwaukee@marsh.com RECEIVED SEP 14 2009 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE As Johnson Controls' insurance broker, we are providing you a certificate of insurance evidencing their insurance coverages for this coverage period. If provided to us, the project name and your company's contract number or purchase order number are referenced on the front of the certificate in the Description section. In the Other section is important information about the insurance coverages, including additional insured coverage for you as required by contract. If you have any questions or require additional information, email or fax your inquiries to the address and number indicated above If your firm does not require a certificate of insurance, please DISREGARD this letter and certificate of insurance. Also, in the next week or two you may receive a second certificate that does not reflect the terms included here. That second certificate is a system generated certificate and can be discarded. We also want to introduce an option to the certificate of insurance that provides you with more timely information on Johnson Controls' insurance, the "memorandum of insurance." This memorandum should reduce the amount of time all parties spend on evidencing insurance, and you can view and print the evidence as you need. You will find this memorandum at http://www.marsh.com/moi?client=0969 Sincerely, Jacklyn M Lindberg Insurance Assistant