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HomeMy WebLinkAbout275-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 275-22 File Number: 2022-1004 ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS, INC. CHANGE ORDER 1: A RESOLUTION TO APPROVE CHANGE ORDER NO. I TO THE ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS, INC. IN THE AMOUNT OF $407,185.00 FOR THE INSTALLATION OF SOLAR PANEL ON THE TOWN CENTER ROOF, AND TO APPROVE A BUDGET ADJUSTMENT, CONTINGENT ON APPROVAL OF THE REPAYMENT CONTRACT WITH ADVERTISING AND PROMOTION COMMISSION WHEREAS, on August 16, 2022, the City Council approved Resolution 191-22 authorizing Mayor Jordan to sign an Energy Savings Performance Contract with Johnson Controls Inc. and to negotiate and sign agreements with the Advertising & Promotion Commission and the Fayetteville Public Library for the payment of their respective project costs; and WHEREAS, this change order will include the installation of a 148.5kW rooftop solar array on the Fayetteville Town Center. NOW, THEREFORE, 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 authorizes Mayor Jordan to sign Amendment No. 1 to Energy Savings Contract with Johnson Controls Inc. in the amount of $407,185.00 for the installation of a 148.5kW rooftop solar array on the Fayetteville Town Center, contingent on approval of the repayment contract with Advertising and Promotion Commission. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, contingent on approval of the repayment Page 1 Printed on 1217122 Resolution: 275-22 File Number. 2022-1004 contract with Advertising and Promotion Commission. PASSED and APPROVED on 12/6/2022 Attest: GOER K �.�'��•' C1Ty •• F'' Kara Paxton, City Clerk Treasurer =y: Page 2 Printed on 1217122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-1004 Agenda Date: 12/6/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS, INC. CHANGE ORDER 1: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS, INC. IN THE AMOUNT OF $407,185.00 FOR THE INSTALLATION OF SOLAR PANEL ON THE TOWN CENTER ROOF, AND TO APPROVE A BUDGET ADJUSTMENT, CONTINGENT ON APPROVAL OF THE REPAYMENT CONTRACT WITH ADVERTISING AND PROMOTION COMMISSION WHEREAS, on August 16, 2022, the City Council approved Resolution 191-22 authorizing Mayor Jordan to sign an Energy Savings Performance Contract with Johnson Controls Inc. and to negotiate and sign agreements with the Advertising & Promotion Commission and the Fayetteville Public Library for the payment of their respective project costs; and WHEREAS, this change order will include the installation of a 148.5kW rooftop solar array on the Fayetteville Town Center. NOW, THEREFORE, 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 authorizes Mayor Jordan to sign Amendment No. 1 to Energy Savings Contract with Johnson Controls Inc. in the amount of $407,185.00 for the installation of a 148.5kW rooftop solar array on the Fayetteville Town Center, contingent on approval of the repayment contract with Advertising and Promotion Commission. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, contingent on approval of the repayment contract with Advertising and Promotion Commission. City of Fayetteville, Arkansas Page 1 Printed on 121712022 City of Fayetteville Staff Review Form 2022-1004 Legistar File ID 12/6/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 10/26/2022 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER #1 TO RFQ 20-06 ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS INC. IN THE AMOUNT OF $407,185.00 AND APPROVE A BUDGET ADJUSTMENT. Budget Impact: 4470.631.8900-5804.00 Sales Tax Capital Account Number Fund 15009.2022.1960 Building Efficiency Improvements, Energy Savings Performance Contract, Town Center Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number Comments: 2022-00000631 2022-00000046 Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 4,448,399.00 $ 4,448,399.00 $ 407,185.00 $ 407,185.00 V20210527 Previous Ordinance or Resolution # #191-22 Approval Date: _CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 6, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond Construction Projects DATE: 10-26-2020 SUBJECT: Change Order #1 to RFQ 20-06 Energy Savings Contract with Johnson Controls Inc. RECOMMENDATION: Staff recommends approval of this change order in the amount of $407,185.00 to the Johnson Control Contract for the Solar Panel installations on the Town Center Roof. This is contingent on approval of the repayment contract with Advertising and Promotion Commission. A Budget Adjustment is required. BACKGROUND: August 16, 2022, the Fayetteville City Council approved Resolution 191-22 authorizing Mayor Jordan to execute an Energy Savings Performance Contract with Johnson Controls, Inc. to implement energy efficiency upgrades in City facilities. Resolution 191-22 also provided that the contracted scope of work could be expanded to include a rooftop solar array at the Fayetteville Town Center upon approval by the Fayetteville Advertising and Promotion Commission and the negotiation of a contract with the City of Fayetteville for the payment of the costs associated with the solar array. DISCUSSION: The Advertising & Promotion Commission has approved a solar repayment agreement for tis project. The change order is contingent on City Council approval of a budget amendment (attached). BUDGET/STAFF IMPACT: The change order is funded from the proceeds of a 20-year repayment agreement with the Advertising and Promotion Commission. Attachments: Change Order #1 Budget Amendment Resolution 191-22 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachment 2 CHANGE ORDER Performance Contract dated August 16, 2022, between Johnson Change Order No. 1 Date (mo/day/yr) Controls, Inc. and the City of Fayetteville, AR 10/10/2022 City City of Fayetteville, AR 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: City of Fayetteville, AR: Town Center Flush Roof Mount Solar Array $407,185.00 • To include the Flush Roof Mount Solar Array at the Town Center located in the City of Fayetteville, AR as described below: o Power capacity (kW -DC) measured at the inverter(s) input: 148.5 kW -DC o Power capacity (kW -AC) measured at the electrical interconnection point: 133.2 kW -AC o (330) — Boviet Solar, 450-watt bifacial modules or equivalent o (2) - SolarEdge 133.2kW 480V inverters or equivalent o PanelClaw Ballasted Flat Roof mount system or equivalent o Description of the point of interconnection with the electricity distribution system: ■ The proposed point of interconnection is to be 480V within the existing switchgear. Reconciliation of Included Contract Fees: ($41,472.00) • To reconcile the additional fees included in Phase One of the executed contract that are not/will not be utilized or recognized by the City of Fayetteville, as described below: o Additional Fees included in the base price of phase one not being utilized are to be placed within an Owner Controlled Contingency fund. The funds identified herein will not be utilized by Johnson Controls without written consent of the City of Fayetteville ■ Town Center = ($36,584.00) ■ Blair Library = $(4,888.00) ■ Total Owner Controlled Contingency Fund = ($41,472.00) *Owner Contingency: Owner Controlled Contingency Fund to be used for additional Facility Improvement Measures (FIMs). All funds associated with the Owner Controlled Contingency shall be utilized to pay Johnson Controls for additional FIMs, Additional Service Agreements and/or Spare Parts. Total amount of this Change Order $407,185.00 Total Performance Contract amount as revised by this Change Order $4,855,584.00 The time for completion is: ❑ increased, ❑ decreased, ® unchanged. (mo, day, yr) The new completion date resulting from this Change Order is: Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary © 2022 Johnson Controls, Inc. Attachment 2 [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: / ' `�a' Signature: Printed Name: Richmond Savoy Printed Name: Title: Regional Installation Manger Title: Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary © 2022 Johnson Controls, Inc. Attachment 2 [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 Si nature: � J ' ��'�'`8 Signature: Printed Name: Richmond Savoy Printed ame: Title: Regional Installation Manger Title: Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary © 2022 Johnson Controls, Inc. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 191-22 File Number: 2022-0718 JOHNSON CONTROLS INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS INC., PURSUANT TO RFQ 20-06, 1N THE AMOUNT OF $4,448,399.00, TO AUTHORIZE MAYOR JORDAN TO NEGOTIATE AND SIGN AGREEMENTS WITH THE ADVERTISING & PROMOTION COMMISSION AND THE FAYETTEVILLE PUBLIC LIBRARY FOR THE PAYMENT OF THEIR RESPECTIVE PROJECT COSTS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on January 2, 2018, the City Council adopted an Energy Action Plan by Resolution 25-18 to build a policy, program, and project framework and initiate action for Fayetteville's efforts to be a resource and energy efficient community; and WHEREAS, Ark. Code Ann. § 14-164-801, etseq, provides the authority for cities to enter into guaranteed energy cost savings contracts in order to reduce energy consumption or operating costs of government facilities; and WHEREAS, on February 18, 2021 the City Council approved Resolution 64-21 authorizing Mayor Jordan to sign a Project Development Agreement with Johnson Controls, Inc. to conduct an Energy Audit and to identify potential energy and cost saving measures for City facilities; and WHEREAS, approval of the Energy Savings Performance Contract will authorize Johnson Controls to begin executing 84 energy efficiency upgrades across 47 City -owned buildings as well as the Fayetteville Public Library and Fayetteville Advertising & Promotion Commission; and WHEREAS, the fully scoped Energy Savings Performance Contract price is $8,087,014; however, the City has elected to remove certain projects at City Hall, the Police Headquarters, the Town Page 1 Printed on 8118122 Resolution: 191-22 File Number: 2022-0718 Center, and the Fayetteville Public Library at this time for a revised project cost of $4,448,399.00; and WHEREAS, the upgrades are expected to produce $3,990,724.00 in savings over 20 years, reduce energy consumption by 27%, and increase the city's clean energy percentage to 75%; and WHEREAS, the contract scope of work may be expanded upon City Council approval of a change order to include improvements to the Town Center and Fayetteville Public Library, contingent on the successful negotiation of reimbursement terms with the A&P Commission and the Fayetteville Public Library Board of Trustees. NOW THEREFORE, 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 authorizes Mayor Jordan to sign an Energy Savings Performance Contract with Johnson Controls Inc., a copy of which is attached to this Resolution, in the amount of $4,448,399.00 to implement energy efficiency upgrades in City facilities. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to negotiate and sign agreements with the Fayetteville Advertising & Promotion Commission and the Fayetteville Public Library to provide for the payment of costs associated with energy efficiency upgrades at properties under the control of those governing bodies. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 8/16/2022 Attest: ■'���G�Eg` �►'rREq ffr. 7) 4 1,1A r ; FAYETTEVILLE;� r • 1. 4 Kara Paxton, City Clerk Treasurer �'.pif',5hA G ONp p;� Page 2 Printed on 8118122 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 SUSTAINABILITY/RESILIENCE (631) 2022 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER #1 TO RFQ 20-06 ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS INC. IN THE AMOUNT OF $407,185.00 AND APPROVE A BUDGET ADJUSTMENT. COUNCIL DATE LEGISTAR FILE ID# 12/06/2022 2022-1004 KeA1&yvSprbng,e,r 11/14/2022 4:31 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 814,370 814,370 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20221019 Account Name 4470.631.8900-5804.00 407,185 - 15009 2022.1960 EX Building Costs 4470.631.8900-6602.01 - 407,185 15009 2022.1960 RE Transfer from Fund - General 1010.090.6600-7602.47 1010.090.6600-6884.08 407,185 - - 407,185 52201 52201 2201 2201 EX RE Transfers To Funds - Capital Improvemen Proceeds from - A&P Energy Loan H:\Budget Adjustments\2022_Budget\CITY COUNCIL\12-06-22\2022-1004 BA Energy Loan Town Center.xlsm 1 of 1