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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