HomeMy WebLinkAboutOrdinance 19239-07-2010Ordinance No. 19239-07 2010
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE SEWER CAPITAL PROJECTS FUND IN THE AMOUNT OF $15,365,397 00
FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING PHASE V SECTION 2
OF THE CITY'S ENERGY SAVINGS PERFORMANCE CONTRACT PROVIDING FOR A
SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1
That in addition to those amounts allocated to the various City departments for Fiscal Year 2009-2010 in the
Budget of the City Manager there shall also be increased estimated receipts and appropriations in the
Sewer Capital Projects Fund in the amount of $15,365,397 00 from available funds, for the purpose of
funding Phase V Section 2 of the City's energy savings performance contract.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No.18809 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 4
This ordinance shall take effect upon adoption.
ADOPTED AND EFFECTIVE. July 20 2010
I~IAl~~R AND C~l1NCIL C+C~I~IVI~NICATI~N 11~AP'
C PHASE V SECTICJN 2_
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ORDINANCE NO. 19239-07-2010
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 7/20/201.0 -Ord.. No. 19239-07-2010
DATE Tuesday July 20 2010
LOG NAME BONG PHASE V SECTION 2
REFERENCE NO C-24360
SUBJECT
Authorize Contract Amendment No 5 in the Amount of $17 889 397 00 to City Secretary Contract No
29110 with Johnson Controls Inc. and the Execution of Related Agreements to Implement Phase V
Section 2 of the City's Energy Savings Performance Contract at Village Creek Wastewater Treatment Plant
and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION
It is recommended that the City Council
1 Authorize the City Manager to execute a Municipal Equipment Lease-Purchase Agreement in the
principal amount of $15 365 397 00 with Johnson Controls Inc. at 3 69 percent interest for a total cost of
$19 782 691 16 to finance the implementation of the City's Energy Savings Performance Contract, Phase
V Section 2 at Village Creek Wastewater Treatment Plant;
2 Authorize the City Manager to execute an Escrow Agreement with Johnson Controls Inc. and
Deutsche Bank National Trust Company as Escrow Agent, in accordance with the Municipal Equipment
Lease-Purchase Agreement;
3 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund by $15 365 397 00 from available funds for Phase V Section 2 of the City's
Energy Savings Performance Contract with Johnson Controls Inc. and
4 Authorize the City Manager to execute Amendment No 5 in the amount of $17 889 397 00 to City
Secretary Contract No 29110 with Johnson Controls, Inc. to implement Energy Savings Performance
Contract, Phase V Section 2 at Village Creek Wastewater Treatment Plant.
DISCUSSION
On September 2 2003 (M&C C-19739) the City Council authorized an Energy Savings Performance
Contract, Phase I with Johnson Controls Inc. Subsequently ESPC Phases II II{ and IV were approved
respectively by Amendment Nos 1 2, and 3
On September 23 2008 (M&C C-23046) the City Council authorized a contract with Johnson Controls
Inc (JCI) to conduct a detailed energy study of the Village Creek Wastewater Treatment Plant (WWTP)
as Phase V of the successful Energy Savings Performance Contract (ESPC) Project. The study is
complete and the product of this study the Utility Assessment Report (UAR), dated November 2009 has
been reviewed and approved by City staff Kinsman and Associates Engineering Consultants retained by
the City as an independent third-party reviewer (M&C C-23788), has reviewed the report and verified that
the project costs guaranteed savings and measurement i~ verification methods are appropriate
Logname• BONG PHASE V SECTION 2 Page 1 of 3
On February 02 2010 (M&C C-24070) the City Council authorized Amendment No 4 to the City's ESPC
for implementation of ESPC Phase V Section 1 at the Village Creek WWTP On that same date (IR No
9185) City Council was informed of City staffs intent to forward. an M&C seeking authorization to execute
an agreement to implement the ESPC Phase V Section 2 project at the Village Creek WWTP
The proposed ESPC Phase V Section 2 scope of work includes energy- and operations-related
conservation measures and treatment process facility improvement measures to be installed at the Village
Creak WWTP The recommended measures include Turbine Waste-Heat Recovery Anaerobic Co-
Digestion Digester Mixing Upgrades and Aeration Anoxic Zones
The total JCI contract amount for Phase V Section 2 is $17 889 397 00 This amount includes
$2 600 000 00 for Final Engineering and Construction Management, which will be funded through existing.
Sewer Capital Projects Fund appropriations. After implementation of the improvements included in Section
2, the first-year electricity savings are estimated to be $1 528 971 00 Including other cost avoidance the
simple payback period is about 11 years While more than the 10-year payment target desired City staff
and its third-party reviewer deem it reasonable and appropriate for the scope of work included and well
within the 20-year limit set in the applicable Texas state law
In accordance with the City's existing ESPC and as allowed by Texas Local Government Code Chapter
302 JCI published a Request for Bid for a Municipal Equipment Lease-Purchase (Municipal Lease)
agreement to finance the recommended project. This resulted in JCIs best value selection of All American
Investment Group LLC (AAIG) to provide this financing through JCI With the concurrence of City staff
the recommended Municipal Lease financing agreement with JCI will utilize this financier resulting in a
total principal and interest cost to the City of $19 782,691 16 to fund the project construction including a
$76 000 00 underwriting fee The annual appropriation for the Lease-Purchase payments will be included
in the operating budget requests for Water & Sewer and will be offset by electricity savings at the Village
Creek WWTP
The recommended Escrow Agreement with JCI is a necessary attachment to the Municipal Lease
allowing for progress payments to be made to JCI during the construction phase of the recommended
project. The escrow bank associated with All American Investment Group LLC (AAIG) is Deutsche Bank
National Trust Company JCI will submit progress pay requests to the City for approval of contracted work
complete City approved pay requests will then be submitted for payment directly from the escrow account
with Deutsche Bank National Trust Company to JCI for the completed work.
As part of the recommended contract and in accordance with Chapter 302, JCI will guarantee projected
savings to the City and will perform on-going Measurement and Verification services under an annually
renewable Assured Performance Guarantee (APG) service agreement. As with all project costs, the cost
of the APG is included as an avoided cost to the City JCI will also manage appropriate applications for
and secure potential utility incentives that may be available for the recommended project work.
Johnson Controls Inc. is in compliance with the City's M/WBE Ordinance by committing to five percent
M/V1/BE participation The City's goal on this project is five percent.
The Village Creek Wastewater Treatment Plant is located in CITY COUNCIL DISTRICT 5 and serves ALL
COUNCIL DISTRICTS
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance funds will be available in the current capital budget,
as appropriated of the Sewer Capital Projects Fund
Logname• 60VC PHASE V SECTION 2 Page 2 of 3
FUND CENTERS
TO Fund/Account/Centers
1)PS58 487100 070580306420
3)PS58 487100 070580306420
3)PS58 541200 070580306420
CERTIFICATIONS
FROM Fund/AccountlCenters
$15,365,397.00 4) PS58 531200 070580306420 $2,600,000.00
$15,365,397.00 4) PS58 541200 070580306420 $15,365,397.00
$15, 365, 397.00
Submitted for City Manager's Office by
Originatin~.Department Head.
Additional Information Contact:
Fernando Costa (6122)
S Frank Crumb (8207)
Madelene Rafalko (8215)
Logname: 60VC PHASE V SECTION 2 Page 3 of 3