HomeMy WebLinkAboutContract 33328 CITY SECRETARY
CONTRACT NO
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a municipal
corporation situated in Tarrant County, Texas, hereinafter called "CITY", acting herein by and through its
duly authorized Assistant City Manager,and Kinsman and Associates, hereinafter called "ENGINEER" for
the purpose of providing professional services for the third-party independent review of the Phase III
Energy Savings Performance Contract(ESPC)proposal of Johnson Controls Inc(JCI).
WITNESSETH
That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto
do hereby covenant and agree as follows:
SECTION I: SERVICES OF THE ENGINEER
1. CITY hereby contracts with ENGINEER as an independent contractor, and ENGINEER hereby agrees
to perform, within the professional standards normally accepted in the State of Texas, the following
professional services:
1.1. Proposed project descriptions are accurate and correlate with on-site observations
1.2. Proposed projects are appropriate solutions to existing conditions
1.3. Methods of calculating savings are reasonable and accurate to accepted standards
1.4. Project savings estimates are obtainable
1.5. Project costs are reasonable and cost/benefits are in balance
1.6. The measurement and verification method proposed is applicable and adequate
1.7. The technical interest of CITY is protected in the contract documents
2. The preliminary scope of work and CITY facilities for the above professional services, as defined by
JCIs Preliminary Report dated 29 March 2005 and in accordance with potentially available S5.0M
Texas State Energy Conservation Office(SECO)LoanSTAR funding,is as follows:
2.1. Lighting Equipment Upgrades(WRMC,FWCC,Central Library)
2.2. Lighting Control Upgrades(WRMC,FWCC,Central Library)
2.3. HVAC Plant Upgrades(FWCC)
2.4. HVAC System Upgrades(FWCC)
2.5. HVAC Control Upgrades(FWCC)
2.6. Water Conservation(WRMC,FWCC,Central Library,City Hall,Meacham AP Terminal)
SECTION II: PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. Sam Steele,Conservation Specialist,City of Fort Worth
1.2. Patrick Sullivan,President,Kinsman&Associates
2. Neither party may change key personnel without agreement by the other party.
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SECTION III: CHARACTER&EXTENT OF ENGINEER'S SERVICES
1. Perform services as outlined in ENGINEER's letter dated 21 February 2006, which is attached to and
made a part of this Agreement. ENGINEER shall consult with CITY to clarify and define CITY's
requirements relative to the assignments and review available data.
2. The schedule for the Project is:
2.1. Complete all services within 21-calendar days of receipt of the JCI proposal.
3. ENGINEER agrees to commit the personnel to each assignment as necessary in order to complete the
assignment in an expeditious manner.
4. ENGINEER shall advise CITY as to the necessity of CITY's providing or obtaining from others
services and data required in connection with the Assignment at CITY's cost and expense (which
services and data ENGINEER is not to provide hereunder but on which ENGINEER may rely in
performing services hereunder), and act as CITY's representative in connection with any such services
of others.
5. ENGINEER shall pay for the printing of documents as a part of the proposed fee.
SECTION IV: SPECIAL SERVICES OF ENGINEER
1. If authorized in writing by CITY, ENGINEER shall furnish or obtain from others Special Services
necessary to complete the assignments at a cost stated by the Facility Manager by letter.
SECTION V: COMPENSATION TO ENGINEER
1. The total compensation for all of the assignments to be performed by ENGINEER as described in
SECTION III,CHARACTER&EXTENT of ENGINEER'S SERVICES hereof shall be$10,500.
SECTION VI: METHOD OF PAYMENT
1. ENGINEER shall be paid not more frequently than once per month on the basis of statements prepared
from the books and records of account of ENGINEER, such statements to be verified as to accuracy
and compliance with the terms of this Agreement by an officer of ENGINEER. Payment according to
statements will be subject to certification by the Director,Transportation and Public Works Department
or his duly authorized representative that such work has been performed.
2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the
work on the Assignment until completion. If CITY fails to make any agreed to payment due
ENGINEER for services and out-of-pocket expenses within sixty-days after approval of ENGINEER's
statement thereof, ENGINEER may, after giving seven-days'written notice to CITY, suspend services
under this Agreement until ENGINEER has been paid in full all amounts due for services actually
performed and out-of-pocket expenses actually incurred.
SECTION VII: CITY RESPONSIBILITIES
1. Provide criteria and information as to CITY's requirements and designate a person with authority to act
on CITY's behalf on all matters concerning the Assignment.
2. Assist ENGINEER in obtaining existing studies,reports and other available data and services of others
pertinent to the Assignment and in obtaining additional reports and data as required.
3/6/2006 Page -
3. Upon reasonable notice arrange for access to and make all provisions for ENGINEER to enter upon
public and private property as may be required for ENGINEER to perform services hereunder.
4. Designate in writing qualified persons who will act as CITY's representatives with respect to the
Assignment for the purposes of transmitting instructions, receiving information, interpreting and
defining CITY's policies and decisions with respect to ENGINEER's services.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make
temporary repairs, and to operate mechanical and electrical systems as required by ENGINEER in the
services.
7. Provide such legal,accounting,insurance and other counseling services to CITY as may be required for
the Assignment.
8. Bear all costs incident to compliance with this Section.
SECTION VIII: TERMINATION
1. CITY may terminate this Agreement at any time for convenience or for any cause by notice in writing
to ENGINEER. Upon receipt of such notice, ENGINEER shall immediately discontinue all services
and work and the placing of all orders or the entering into Contracts for supplies,assistance, facilities
and materials in connection with the performance of this Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to this Agreement.
2. If CITY terminates this Agreement under the foregoing paragraph, CITY shall pay ENGINEER for
services performed in accordance herewith prior to such termination, less such payments having been
previously made. Such payment shall be based upon the work completed up to the date of termination
of the Agreement in accordance with the method of compensation prescribed in Sections V and VI
hereof. ENGINEER shall also be compensated for all termination-related expenses such as meeting
attendance,document reproduction,transfer of records.
3. Upon early termination or conclusion of this Agreement,ENGINEER shall provide CITY reproducible
copies of all completed or partially completed engineering documents prepared under this Agreement
that shall become the property of CITY and may be used by CITY in any manner it desires.
ENGINEER shall not be liable for the use of such materials for any project other than the project
described in this Agreement.
SECTION IX: INDEMNITY AND INSURANCE
1. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of ENGINEER, its officers, agents, employees and Subconsultants, for the
accuracy and competency of the services performed under this Agreement, including but not limited to
surveys, location of subsurface investigations, designs, working drawings and specifications and other
engineering documents.
2. Such approval shall not be deemed to be an assumption of such responsibility and liability by CITY for
any negligent act, error or omission in the conduct or preparation of the subsurface investigations,
surveys, designs, working drawings and specifications and other documents by ENGINEER, its
officers,agents,employees and Subconsultants,it being the intent of the parties that approval by CITY
signifies CITY's approval of only the general design concept of the improvements to be constructed.
3. In this connection ENGINEER shall indemnify and hold CITY and all its officers,agents, servants and
employees harmless from any loss,damage,liability or expenses,on account of damage to property and
injuries, including death, to all persons, including but not limited to officers, agents, or employe
3/6/2006 Page 3 f 7qg
ENGINEER or Subcontractor, and all other persons performing any part of the work and
improvements, which may arise out of any negligent act, error or omission in the performance of
ENGINEER's professional services. In no event shall ENGINEER be liable for consequential
damages.
4. ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY, its
officers, agents, servants and employees, or any of them on account thereof, and shall pay all expenses
and satisfy all judgments which may be incurred by or rendered against them arising out or the
indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring ENGINEER to indemnify or hold CITY or any of its officers,agents,servants or
employees harmless from any loss, damages, liability or expense, on account of damage to property or
injuries to person caused by defects or deficiencies in design criteria and information furnished
ENGINEER by CITY,or any deviation in construction from ENGINEER's designs,working drawings,
specifications or other documents.
5. Without limiting the above indemnity, ENGINEER shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to CITY in at least the following amounts:
Commercial General Liability: $1,000,000 Per Occurrence
$2,000,000 Aggregate Limit
Workers Compensation:
Coverage A: Statutory limits
Coverage B: Employers Liability Insurance
$100,000 Each Accident/Each Occurrence
$100,000 Disease—per each employee
$500,000 Bodily Injury/Disease—Policy Limit
Automobile Liability: $1,000,000 each accident on a combined single basis
OR
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
Professional Liability Insurance
Errors and Omissions: $1,000,000 Per occurrence
$2,000,000 Project aggregate
6. ENGINEER shall furnish CITY a Certificate of Insurance in at least the above amounts. Certificate
shall contain a provision that such insurance cannot be canceled without 30 days prior written notice to
CITY. CITY reserves the right to revise insurance requirements specified in this agreement to the best
interests of CITY.
7. General Insurance Requirements
7.1. Commercial General Liability coverage shall be endorsed to name CITY an Additional Insured
thereon, as its interests may appear. The term CITY shall include its employees, officers,officials,
agents,and volunteers as respects the contracted services.
7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under
applicable policies documented thereon.
7.3. Any failure on part of CITY to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
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�,��`� ;_ _ Page 4 of 7
7.4. A minimum of forty-five days notice of cancellation, non-renewal or material change in coverage
shall be provided to CITY. A ten(10)days notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent
to the Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort
Worth,TX 76102.
7.5. CITY shall not be responsible for the direct payment of any insurance premiums required by this
agreement. It is understood that insurance cost is an allowable component of ENGINEER's general
overhead.
7.6. CITY reserves the right to revise insurance requirements specified in this agreement according to the
best interests of CITY.
7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by CITY;and,such insurers shall be acceptable to CITY in terms of their financial strength
and solvency.
7.8. Deductible limits,or self-insured retentions,affecting insurance required herein may be acceptable to
CITY at its sole discretion;and, in lieu of traditional insurance,any alternative coverage maintained
through insurance pools or risk retention groups must be also approved. Dedicated financial
resources or letters of credit may also be acceptable to CITY.
7.9. CITY shall be entitled, upon its request and without incurring expense, to review ENGINEER's
insurance policies including endorsements thereto and, at CITY's discretion, ENGINEER may be
required to provide proof of insurance premium payments.
7.10.CITY shall not be responsible for the direct payment of any insurance premiums required by this
agreement. It is understood that insurance cost is an allowable component of ENGINEER's indirect
overhead.
7.11.All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
7.12.The Professional Liability Policy shall be written on a"claims made"and shall be in effect for the
duration of this agreement and for 12 months following ENGINEER's issuance of the Certificate
of Substantial Completion. ENGINEER's current insurer shall list CITY as a certificate holder
for a period of ten(10)years following the issuance of the Certificate of Substantial Completion
by ENGINEER. CITY shall be notified at least 30 days prior to cancellation or substantial
change in coverage.
7.13.Subconsultants to ENGINEER shall be required by ENGINEER to maintain the same or reasonably
equivalent insurance coverage, except for Professional Liability Insurance, as required for
ENGINEER. ENGINEER shall provide CITY with documentation thereof on certificates of
insurance. The ENGINEER shall assure that Subconsultants provide acceptable and appropriate
levels of Professional Liability coverage or that ENGINEER's coverage provides coverage for the
work of the Subconsultant. Notwithstanding anything to the contrary contained herein,in the event a
subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall
not constitute a breach by ENGINEER of the Agreement.
SECTION X: INDEMNITY PERTAINING TO HAZARDOUS MATERIALS
1. CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain
hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had
no prior role in the generation,treatment, storage, or disposition of such materials. In consideration of
the associated risks that may give rise to claims by third parties or employees of CITY,CITY agrees in
so far as permitted by law, to indemnify ENGINEER from any and all losses, damages, claims, or
actions brought by third party or employees of CITY against ENGINEER or ENGINEER's employees,
agents, officers, or directors, in any way arising out of the presence of hazardous materials or
v"fl.
3/6/2006 ��`�. Page 5 of 7
conditions at CITY's facilities, except for claims shown by final judgment to arise out of the sole
negligence of ENGINEER. CITY shall defend at its own expense any suits of other proceedings
brought against ENGINEER and its officers, agents, servants, and employees or any of them on
account thereof. Nothing herein shall be construed so as to require CITY to levy or assess any tax.
2. In connection with hazardous waste, including petroleum products, CITY agrees to the maximum
extent permitted by law to defend,hold harmless and indemnify ENGINEER from and against any and
all claims and liabilities resulting from CITY's violation of any federal,state or local statute,regulation
or ordinance relating to the disposal of hazardous substances or constituents. Nothing herein shall be
construed so as to require CITY to levy or assess any tax.
3. The requirements contained in this Section shall not apply if ENGINEER introduces the hazardous
materials or conditions.
SECTION XI: RIGHT TO AUDIT
1. ENGINEER agrees that CITY shall,until the expiration of three(3)years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books, documents, papers
and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that
CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall
be provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits.
2. ENGINEER further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant agrees that CITY shall, until the expiration of three (3)years after final payment under
the subcontract, have access to and the right to examine any directly pertinent books, documents,
papers and records of such subconsultant, involving transactions to the subcontract, and further, that
CITY shall have access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance with the
provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits.
3. ENGINEER and Subconsultants agree to photocopy such project-related documents as may be
requested by CITY. CITY agrees to reimburse ENGINEER and Subconsultant for the costs of copies
at the rate published in the Texas Administrative Code.
SECTION XII: SUCCESSORS AND ASSIGNS
1. CITY and ENGINEER each bind themselves, their successors and assigns, to the other party to this
Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
SECTION XIII: ASSIGNMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without
such prior written consent shall be void.
SECTION XIV: INDEPENDENT ENGINEER
1. ENGINEER shall perform all work and services hereunder as an independent Engineer, and not as an
officer, agent, servant or employee of CITY. ENGINEER shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
3/6/2006 Page 6 of 7
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
CITY and ENGINEER, its officers, agents,employees and Subconsultants,and doctrine of respondent
superior has no application as between CITY and ENGINEER.
SECTION XVI: OBSERVE AND COMPLY
1. If permitting authorities require design changes so as to comply with published design criteria and/or
current engineering practice standards which ENGINEER should have been aware of at the time this
Agreement was executed, ENGINEER shall revise plans and specifications, as required, at its own cost
and expense. However, if design changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are published after the date of this
Agreement which ENGINEER could not have been reasonably aware of, ENGINEER shall notify CITY
of such changes and an adjustment in compensation will be made through an amendment to this
Agreement.
SECTION XVII: VENUE
1. Venue of any suit or cause of action under this Agreement shall lie in Tarrant County,Texas.
IN TESTIMONY THEREOF,CITY has caused this instrument to be signed in triplicate in its name and on
its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal affixed; and
ENGINEER has also properly executed this instrument in triplicate copies, each of which is deemed an
original.
EXECUTED ITY F RT ,TEXAS,THIS Aay of C.E.G
By: APPROVED:
Principal's-a-me atrick P. ullivan)
Kinsman&Associates,Consulting Engineers
Company
President
Office(President or Vice-President) By:
Assis6Wity Nhanag4j Marc A. Ott
Assistant City Manager
G y S APPROVAL RECOMMENDED: / RECORDED:
By: ->" By: f)L-�
Director,Transportation and Public Works City Secretary
APPROVED S O FORM D L LITY:
By Date:
RW-171"'Y
Atto ey
Contract authorization
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If �`���1` l 1�` Asa Te
CITY
b� -'�.c i`- Page 7 of 7
3/6/2006 ppqqp
KINSMAN&ASSOCIATES,Consulting Engineers
Systems Analysis and Design
February 21,2006
Mr. Greg Simmons
Facilities Manager
City of Fort Worth
Transportation and Public Works Department
909 Taylor Street
Fort Worth,Texas 76102
Dear Mr. Simmons:
We are hereby proposing to perform a third-party independent review of the Energy
Savings Performance Proposal (Phase III) you will be receiving from Johnson Controls.
Our proposed review meets the requirements of the State for third-party reviews, as well
as the requirements to participate in the State LoanSTAR Program.
Our proposal review will include verification of the following:
1. Proposed project descriptions are accurate and correlate with on-site observation.
2. Proposed projects are appropriate solutions to existing conditions.
3. Methods of calculating savings are reasonable and accurate to acceptable standards.
4. Project savings estimates are obtainable.
5. Project costs are reasonable and cost/benefits are in balance.
6. The measurement and verification method proposed is applicable and adequate.
7. The technical interest of the owner is protected in the contract documents.
We will perform an on-site visit of your facilities, and we will review procedures,
documents, and backup data Johnson Controls is using to develop their proposal for the
City. We will also review applicable technical aspects of their proposal. However, we
do not provide any legal review.
Our proposed fixed price for this work is ten thousand five hundred dollars ($10,500.00)
payable monthly on a percent completion basis.
If you have any questions regarding this proposal, please give us a call. Thank you for
your consideration.
Sincerely,
Patrick P. Sullivan, P.E.
President
1701 N.Greenville Ave.• Suite 600• Richardson,Texas 75081 •Ph.(972)6447876•Fax:(972)644-3355'
ACORQ. CERTIFICATE OF LIABILITY INSURANCE DATE 02/Z4/200
PRODUCER (972)581-4800 FAX (972)8SO-1813 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bell Insurance Croup ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
18980 Dallas Parkway HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
3r ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas, TX 75248
Stacy McKinney INSURERS AFFORDING COVERAGE NAIL#
INSURED Kinsman ✓lE Associates, INSURERA: Maryland Casualty Company/Zaric
1701 N. Greenville Avenue, 600 INSURERB: Hartford Underwriters Ins. Co
Richardson, TX 75081 INSURERC: Continental Casualty Conpany
INSURERD,.
INSURER E:
COVERAGES
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.
INSR IkDW TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
ITO ManGENERALLIABILITY PASO42635384 09/26/2005 09/26/2006 EACH OCCURRENCE S 1100010
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 1,000,000
PREqr
CLAIMS MADE ®OCCUR MED EXP(Artyne aperson) S 10,000
Aff:: PERSONAL 6 ADV INJURY S 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN LA LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000
POLICY JECOT LOC
AUTOMOBILE LIABILITY SBSO42659574 09/26/Z005 09/26/2006 COMBINED SINGLE LIMIT S
X ANY AUTO (Es aaddwd) 1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Par P ) S
A ia^
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Paraces) S
lder
PROPERTY DAMAGE S
(ParacddeM)
1.2!",IAGE LIABILITY AUTO ONLY-EAACGDENT S
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AGG S
EXCESSIUMBRELLl1 LUUMUTY EACH OCCURRENCE S
OCCUR F]CLAIMS MADE AGGREGATE S
S
DEDUCTIBLE S
RETENTION S S
WORKERS COMPENSATION AND 46 WEC DW7796 10/18/2005 10/18/Z006 X I wCSTATU- OTK-
EMPLAYERS'LIABILITY TCRY LIMITS FR
E.L.EACH ACCIDENT $ 500,0O
B ANY PROPRIETOIt1PARTNERIEXECUTTVE —
OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE S 500,00
1yea,dewAbe uWer
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMP S 500,000
DTHessional Liability SFA114025936 03/13/Z005 03/13/Z006 $1,000,000 Each Occurrence
C $2,000,000 Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is shown as Additional Insured
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of Ft. Worth 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
908 Monroe Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Suite 800 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
Ft. Worth, TX 76012 AUTHORIZED REPRESENTATIVE
LhTon ohnson/STAGY R3i'�L Ec0,
ACORD 25(2001/08) DAC RDe =$�
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/26/2005
DATE: Tuesday, July 26, 2005
LOG NAME: 20ENERGY REFERENCE NO.: **C-20867
SUBJECT:
Authorize Execution of a Contract with Johnson Controls, Inc., to Perform a Detailed Energy Audit
and Engineering Evaluation of the Will Rogers Memorial Center, Convention Center, Police
Administration Building and Central Library for Energy Savings Equipment Retrofit
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Johnson
Controls, Inc. to conduct a detailed energy audit and engineering evaluation of the Will Rogers Memorial
Center, Convention Center, Police Administration Building, and Central Library for Energy Savings
Equipment Retrofit for a fee of$100,000.
DISCUSSION:
On September 02, 2003, (M&C C-19739) the City Council authorized the execution of a contract with
Johnson Controls, Inc. (JCI) for the design and installation of various energy conservation improvements in
the City's Municipal Complex. Project work was completed in September 2004 and based on the energy
savings realized so far, the first year savings are projected to exceed the $259,647 in savings guaranteed
by JCI. Additionally the City has received the first installment of a $300,000 utility incentive rebate from
ONCOR and should be receiving the balance of the rebate in September 2005.
The contract with JCI provided for the City's ability to acquire further energy conservation projects from JCI
via contract amendment. JCI recently completed a no cost, no obligation preliminary energy audit of the
Will Rogers Memorial Center, the Fort Worth Convention Center, the Police Administration building at 350
West Belknap and the Central Library. Based on that effort JCI identified energy conservation opportunities
that would cost an estimated $8,200,000 to implement and would yield an estimated annual savings in the
utility budget of $1,000,000. The energy conservation opportunities identified by this preliminary audit
include improvements to the heating/ventilation/air conditioning (HVAC), lighting and water systems in these
buildings. JCI estimates the following percentage reductions in utilities consumption as a result of the
project:
Electricity: 25%
Natural Gas: 7%
Water: 11%
In each case the improvements to the HVAC systems will be required in the very near future regardless,
due to major components of the systems having well exceeded their useful lives.
In order to finalize the project cost and develop a guaranteed energy savings amount, JCI needs to conduct
a detailed engineering audit. Upon completion of the detailed engineering audit the following scenarios are
possible:
1) If the results of the engineering audit indicate that a project can be developed that meets the City's 10-
year simple payback criterion, the City can, upon City Council approval, enter into a contract with JCI for the
selected energy improvements. The cost of the detailed audit, estimated not to exceed $251,000 by JCI,
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Page 2 of 2
will then be rolled into the overall project and paid for through the financing mechanism.
2) If the results of the engineering audit indicate that a project can be developed that meets the City's 10-
year simple payback criterion but the City opts, for any reason, not to enter into a contract for implementing
the improvements, the City will be obligated to pay JCI $100,000 and will receive the full product of the
detailed engineering effort. The fee in this case will be paid for from the Hotel Occupancy Tax and the Non-
Departmental General Fund. The Hotel Occupancy Tax will pay the portion of the fee associated with the
Public Events facilities ($76,380) and the Non-Departemental General Fund will pay the portion of the fee
associated with the Police Administration and Central Library facilities ($23,620).
3) If the results of the engineering audit fail to produce a project that meets the City's 10-year simple
payback criterion the City will not pay for the engineering evaluation nor will there be any further obligation
on the part of the City to continue to work toward an energy savings contract with JCI.
City staff are currently evaluating the alternatives for financing the ultimate project and will make a
recommendation in that regard if authorization is ultimately requested from Council to enter into an
implementation contract with JCI. Whatever financing instrument is used, payments will be structured so as
to be fully offset by the guaranteed energy savings.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budgets, as appropriated, of
the Culture and Tourism Fund and General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG04 539120 0240500 $76,380.00
GG01 539120 0905500 $23,620.00
Submitted for City Manager's Office b Marc Ott (6122)
Originating Department Head: Robert Goode (7801)
Additional Information Contact: Greg Simmons (7862)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/19/2006