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HomeMy WebLinkAboutContract 29110-A6 IL AMENDMENT NO, If To CITY SECRETARY Y CONTRACT NO. 29110 STATE of TEXAS CITY SECRETARY CONTRACT No. COUNTY of TIRANT WHEREAS, the City of Fort Worth "City') and Johnson Controls, Inc. (.JCI) made and entered into an energy savings performance contract ESPC , City Secretary Contract No. 29110 (the Contract) which was authorized by City Council via &CC-19739 on the "d da r of September 2003; and WHEREAS, the Contract involves energy savings performance evaluation and services for the following: Phase III-a ESPC at pillage creep Wastewater Treatment Plant WHEREAS,S, it has become necessary to execute Amendment No. 0 to said Contract to include Phase VI-a for an increased scope of work,, reprised maximum fee and reV ed MW BE participation. NOW THEREFORE, City and JC1, acting herein by and through their duly authorized representatives, enter into the following agreement that amends the Contract. 1. Section 2 "Scope of the Agreement" of the Contract is amended to include the additional Please VI-a services authorized by City Council on August 17, 2010, M&C C-24406 and JC1 ESP AA/.L77 DPA ENT NO,V PHASE wip.SECTION 1 SCRVICES OFFICIAL RECORD 10/2 2D1Q Page I of 4 CITY SECRETARY FT. WORTH, TX ,specified in Schedules 1.6, 2.6, 3.6 and 4.6 attached hereto and incorporated herein by this reference. Additionally, all references to Schedules 1, 23 3, and 4 shall be amended for Phase 111- to be and read 1. , 2,63 3.6, a n 4.6 respectively. The cost to City for the Phase V 1-ar ser vices to be performed by JC1 total $1,815,526.00. 2. Section 2 "Scope of the Agreement" of the Contract is amended to include the Exhibit A attached to this contract amendment proVriding for additional Federal requirements for use of Energy Efficiency Community Development Block Grants, which are utilized on this project. 3. Section 2 "Terra" of the contract is amended to include a substantial completion date for the Amendment 6 Phase 11I-a to be and read: The Substantial Completion date for all Phase 1-a scope of work projects identified in Schedule 1.6 will be August 30, 2011. 3. Section 19 "Minodty and Women Business Enterprise M\ E Participation" of the Contract is amended to add an additional paragraph for Phase 1 1-a MWBE Participation to be and read: PHASE 111-a MINORITY AND WOMEN#EI SI HESS ENTERPRISE PRISE ( PARTICIPATION: In accordance with City of Fort Worth ordinance No. 15530, the City has goals for the participation of minority and woman business enterprises in City contracts. JCl acknowledges the W E goal established for this Amendment 6 to this Contract for Phase 111-a and its commitment to meet that goal. JCl will comply with the City's M\ BE Ordinance by committing to 10% fi 111 BE participation from the total award for engineering, construction and supplies. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by JC1 may result in the JC1 ESPC AIMIEND MIENT NO.6 PHASE Vl-4p,SECDON 1 SERVICES 10121/2010 Page of 4 termination of this Contract and debarments from participating in City contracts for a 16 'IF period of time of not less than three 3 gears. 4. All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. i EXECUTED o this the day of 4010, try Fort Worth, Tarrant County, Texas. (REMAINDER F PAGE INTENTIONALLY LEFT BLANK) JCR ESPC A MIENOMENT NO.B PHASE VI-A,SECTION 1 SERVICES 10121/2010 Page 3 of 4 ATTEST: CITY OF FOIST WORTH Mad'y Hend& Femando Costa rtary Assistant City Manager 0 rt�� APPROVAL RECOMMENDED: MMENDED: + o '10#0 0j 3--n- is 0 0 0 la ° S. Frank Crumb, P.E., Director Ay Dater Department APPROVED AS TO FORM AND LEGALITY: vil- lef� Amy J. RamsQ ' Assistant City Attorney JOHNSON CONTROLS, INC. By: NAME: Michael Crowe TITLE: Redonal VP Solutions_ JCI ES+F'IW AMENDMENT NO.$ PHASE VI-9,SECTION 1 SERVICES 1012112010 Page 4 of • City of Fort Worth — Phase Via Performance Contract SCHEDULES 1.6-4.6 SIGNATURE PAGE J 1 AND CUSTOMER WARRANT ANT AND ACKNOWLEDGE THAT EACH HAS DEAD AND REVIEWED ED THE CONTENTS of SCHEDULES 1.6 THROUGH 4.6, PAGES 2 THROUGH 58. IN LIEU of INITIALIZING PAGES 2 THROUGH 58,J I AND CUSTOMER EXECUTE THIS SIGNATURE PAGE. Johnson Controls, Inc. -� } Signature: Printed Marne: Michael Crowe Title: Regional VP Solutions Date: October 21, 2010 City of Fort Worth City of Fort Worth Signature- (401Z.-.4 Signature: Printed Name: Fernando Costa Printed blame: S. Frank Crumb Title: Assistant City Manager Title: Director, Water Department Date: Date: City of Fort Worth City of Fort Worth Signature: Signature: Printed Name: Amy Ramsey r Printed Name: Marty Hendrix alw'. f 0jjr Title: Assistant City Attorney Title: City Secrete ° *00 Oi wo Date: Date: dam rzo 0° 0 ..ontr t Author atiox � o� ? oZr r OFFICIAL Johnson di I I v(# Date o "MY Controls teal and Proprietary �� ' � Con den a r X City of Fort Worth — Phase Via Performance Contract Schedule 1. SCOPE of WORK SCHEDULE JCl will provide the City with the scope of work (Work) identified on this Schedule. JCl shall supervise and direct the Work and shall be responsible for construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work under this Agreement. JDl shall be responsible to pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. All completed work will be fully functional and installed and inspected as in compliance with all local governing cedes. General Work includes the following- • Final engineering work for each Facility Improvement Measure (FIM). Once final engineering work is complete, some minor modifications to Work may be required. No modifications will be made to Wort~ without prior acceptance by the City. • Flue copies of construction drawings, equipment submittals, performance specifications and sequences of operation for each FIM will be provided for City's review and acceptance at the completion of the final engineering design phase. • Five copies of o&ICI manuals and as-built construction drawings for each FIM will be submitted to City at completion of construction phase. • Two copies of electronic CAD -built construction files for each FIM will be provided to City at completion of construction phase. • City retains the right to keep any removed equipment or material, unless specified differently in ether areas of this Agreement. • All work will be coordinated with City personnel to minimize interruptions, delays,or safety violations. • All materials being installed shall be nee . • Necessary rry protection will be provided to avoid damage to adjacent services in the surrcundi ng word areas. • Work will be performed in accordance with all applicable codes and standards. • Due to potential health hazards and requirements of the Texas Commission on Environmental Quality (TC E and U.S, EPA, existing wastewater treatment facilities shall be maintained in operation during construction of new equipment. Degree of treatment during construction shall be equal to or exceed efficiency of facility before construction started. General Exclusions. • HAZARDOUS MATERIALS. Unless specifically noted in this Schedule, J I's obligations expressly exclude any Work or Services of any nature associated or connected with the identification, testing, abatement, cleanup, control, removal, or disposal of hazardous materials or substances, including but not limited to asbestos or PCBs, to or on the premises. • Any structural modifications to existing equipment and infrastructure that is required due to previously unknc w n structural conditions. • Local governing code upgrades for existing infrastructure and equipment scheduled to remain. Mechanical: • All new pumps shall Include new pump accessories, including strainers, pump pads and pressure gauges. • Provide and install all necessary concrete pads for new mechanical equipment. Johnson Controls Confidential and Proprietary 2 City of Fort Worth — Phase Ella Performance contract Schedule 1. Piping: • Provide and install molded "foam glass" pipe insulation with an Aluminum jacket on all new piping in compliance with process needs and standard energy code requirements. Zeston corers shall be installed at new indoor pipe fittings and aluminum fitting corers at new outdoor pipe fittings. 0 All new chilled water pipe insulation shall be "closed cell"insulation, • Provide and install piping identification with flog arrows on new chilled water, steam, steam condensate, heating water, and plant water piping. • Where existing piping is painted, all new piping with or without insulation is to be painted to match existing. • All new chilled water, steam condensate, heating water and condensate piping will be schedule 40 black steel with welded joints where piping is lamer than " and screw piping with malleable fittings where piping is "or smaller. • All new high pressure steam piping shall be schedule 80(class 309). • Ail new high pressure steam welds are to be performed by certified welders. • All new welded pipe fittings are to be long radius steel, joined by field weld applied joints. Victaulic pipe connections are not acceptable without special permission. • Provide hangers and supports for all new piping. • Maintain new pipe installation so no trapped pockets exist without slope to a drain opening. • For all new equipment, provide new Isolation valves on inlet and outlet connections. Electrical • For all new mechanical nical equipment, provide &install new starters and disconnect switches. • Verify}identify and label all new electrical circuits at disconnect switch panel. • Provide hangers and supports for all new electftai conduit and equipment. • All new electrical conduit will be rigid aluminum and comply with Fort Worth Water Department raceway standards. • Provide flexible conduit with PVC jacket&ground wiring at all new motion equipment. • Provide and install all necessary concrete pads for new electrical equipment. • All new wiring is to be tinned copper. • All new electrical housings will be minimum NEMA 4X. • All work is to be performed by licensed electricians or apprentices. SUMMARY OF ARK: The following FIIIII's will be included in this Agreement: FIM# FIM Description 6E.6 HVAC Improvements 6F.6 Lighting Improvements 6H.6 Power Factor correction FACILITIES: The following facility will be included in this Agreement: De Facili Name Street Address Year Built Water Village creep WVVrP 4500 11'Ifi1ma Ln 1958,197291980)J 988,1 999 2995 Johnson Controls Confidential and Proprietary 3 Ci of Fort Worth — Phase Vla Performance Contract Schedule 1. FIM : 6E.6 FIM NAME: HVAC Improvements FIM DESCRIPTION: This FIM will include HVAC and DDC control system upgrades to the existing equipment. These improvements will provide better control of indoor temperatures, increased HVAC equipment reliability and reduced runtime of HVAC equipment, providing utility savings and operational and maintenance savings. GOALS: Improved indoor temperatures • Improved reliability of HVAC systems • Better indoor air quality • Upgrade of outdated HVAC equipment • Energy cost savings • Capital cost savings ASSUMPTIONS: • Unless specified to be replaced in this Scope of Work, all AHU motors are in good working condition. + Unless specified to be replaced in this Scope of Work, all existing HVAD controls (pneumatic electronic) are functional and in good working condition. FOAL ENGINEERING: • Development of construction drawings and equipment submittals. 48 Finalize equipment performance requirements. SCOPE of WORK: General-HVA Air Handling Units 0 All AHU's with existing outside air intakes will include new OA charcoal filters. General—DDC Controls 0 All new controls will be Trane DDC controls. • Upgrade existing Building Control Units BUs) to nearest version BMTX BUs. • Trane Tracer Summit System programming and graphics to be upgraded to include new sequence of operation. All controls mounted and wired as specified in the following: All new Class 2 signal wiring will be installed as plenum-rated cable above accessible lair-in ceilings Control, control power and interlock wiring will be performed according to applicable electrical codas to provide a turnkey installation • All existing HVAC controls will remain, unless specified to be replaced in this Scope of Work. Johnson Controls Confidential and Proprietary City of Fort Worth — Phase Vla Performance contract Schedule 1 4F Pump modifications New pumps to be installed as follows- Type lie AHU- CH fP- Replace 230 GPM pum oterNFD AHU- 1 CH VP- New 110 GPM urn /motor AHU-29 (CHWP-6 New 13 GPM um /motor HIV System New 40 GPM urn /motor Central Plant • Provide and install new OA temperature and humidity sensors Chilled/Condenser/Heating Water System Upgrades • Retrofit of existing pneumatic Condenser Water Bypass Valves -Way & 2-Way Valves with electronic DDC actuators actuators total) • New condenser Water Supply Temperature control of condenser Water Bypass Valve/Actuators (controlled at AHU- DDC New Water DP Switches to monitor status of Condenser Water Pumps {monitored at AHU- DD • One 1 new condenser Water supply temperature sensor • New Primary Chilled Water supply& return temperature sensors • New CHWS DP Transducer for CHWP-4 VFD control • Startlstop control of pumps CH WP-5 and new HW Pump • New H Ater DP Switches to monitor status of DH11 P-4,5,6 and HW Pump AHU-29 Upgrade • New DDC controller for AHU-29 with NEMA4X enclosure • New SA Fan Control and Air DP Switches for monitoring Fan Status • New Space Temperature Sensor • New flow Limit Freeze Switch • New Electronic CHW Valve Actuator • Electric Reheat Stage controls -Steps) • New OA temperature and humidity station Maintenance Mechanical Area AHU-19 Upgrades • New Return Air CO2 sensor to monitor air quality • New -ton stand-alone ductless RTU mini-split DX unit to supplement AHU-19 zone 5 (Installed above Ienda turbine control room) • New Enable/Disable control of "new" ductless split system serving Zone 5 lenda turbine control room) • New Air DP Switches for monitoring fan status of the"flew"ductless split system Middle Administration Mechanical Room AHU- 0 Replacement Replace AHU- o with new AHU with complete factory installed controls Hersite coated coils • New DDC controller for H - o • New SA Fan control and Air DP Switches for monitoring Fars Status • New Low Limit Freeze Switch Johnson I Controls Confidential and Proprietary City of Fort Worth — Phase Via Performance Contract Schedule 1. • New Electronic Cold & Hot Deck Valve Actuators • Temperature Control of Cold& Hot Deck valve Control with Duct Temperature Sensors • New Return Air CO2 sensor to monitor air quality • Four Electronic Zone Damper Actuators and mounting kits • Four Zone Damper Temperature Sensors with Adjustable Set points for Zone Damper Actuator Control • New Air DP Switches for monitoring filter status of the charcoal filter Control Mechanical Room# AHU-32 Replacement • Replace AHU- 2 with new AHU with complete factory installed controls. • Hersite coated coils • New DDC Controller for AHU- 2 • New SA Fan Control and Air DID Switches for monitoring Fan Status • New Low Limit Freeze Switch • New Electronic Cold & Hot Deck Valve Actuators • Temperature Control of Cold & Hot Deck valve Control with Duct Temperature Sensors New Return Air Cot sensor to monitor air quality • New Electronic Zone Damper Actuators and mounting tits • New Zone Damper Temperature Sensors with Adjustable Set points for Zone Damper Actuator Control • New Air DP Switches for monitoring filter status of the charcoal filter Control Mechanical Room## AHU- 1 Upgrade • New DDC Controller for AHU- 1 • New SA Fan Control and Air DP Switches for monitoring Fan Status • New Outside Air A Return Air(RA) Damper Control Actuator and mounting kits • A Temperature Economizer Control of OA/Return Air Dampers • New Lover Limit Freeze Switch • New Electronic Cold &Hot Deck Valve Actuators • Provide Temperature Control of Cold &Hot Deck valve Control with Duct Temperature Sensors • New Return Air CO2 sensor to monitor air quality • New Air DP Switches itches for monitoring filter status of the charcoal filter • Route appro cimatel 100' of new 2"copper piping for HW supply and return to AHU- 1 Lab Mechanical Room# AHU-30 Upgrade • Provide and install new F eturn Air CO2 sensor to monitor air quality Lab Mechanical Room## AHU-34 Upgrade • Provide and install new Return Air CO2 sensor to monitor air quality Workshop Mezzanine AHU-63 Upgrade im Provide and install new Return Air CO2 sensor to monitor air qua lit y �f Jilro Johnson VIV� Controls Confidential and Proprietary City f Fort Worth-- Phase ilia Performance Contract schedule 1. Mower Control Mezzanine AHU-62 Upgrade • Provide and install new Return Air CO2 sensor to monitor air quality Screening Building HIV -2&3 HVU-2&3 Upgrade Provide and install RA temperature sensor for HVIJ-2 & 3 respectively to existing P M. Existing space sensors are located in adjacent electrical room of maim Screening building. RA temperature will provide space temperature of area served by respective units. Gravity Belt Thickening Building HV -I Upgrade • New communication trunk to existing P M and commission for control/monitoring of existing points as listed below: Space Temperature and Set Point );;o SA Fan Control SA Temperature );o Modulating Gas Heat Control Low Limit Freeze Status Filter Air DP Status Testing,Adjusting and Balancing(TAB) • Provide TAB of the following: New heating water pump 1 New DEC Unit 1 New chilled water pumps );o New AHIJ DEMOLITION a All demolition will be conducted in conformance with applicable laws. EXCLUSIONS: • Repairs to existing fire & smoke controls and associated wiring. During construction, J I will inspect existing AHU firestats&smoke detectors and provide deficiency report to the Owner. • Repairs to existing pneumatic and electronic controls unless specified to be replaced in this Scope of Work. • City Ethernet wiring. O MISSIONIN . • Operational acceptance tests will be conducted for a1I new DDC controls. • Defer to General Work for all close-out document requirements. TRAINING: One 1 days of on-site training for new HVAC equipment will be provided to designated City personnel. Johnson l Controls Confidential and Proprietary City of Fort Worth — Phase Via Performance Contract Schedule 1.6 WARRANTIES: • Two(2)year warranty on materials and labor beginning at the date of Substantial Completion. • Specific details for each extended warranty will be provided in the O&M manuals. 0)Johnson �� Controls Confidential and Proprietary 8 Cit of Fort Worth — Phase Vla Performance Contract Schedule 1. FIM#: 6F.6 FIM NAME: Lighting Improvements FIM DESCRIPTION: This FIM will include new lighting retrofits and occupancy sensors in the administration building as well as designated process facilities, Scope of work also includes new ROAM wireless lighting control system for designated roadway lighting fixtures. GOALS: • Improved light levels • Improved indoor environments • Improved reliability of lighting systems Utility savings • operation &maintenance savings ASSUMPTIONS: Not applicable. FINIAL ENGINEERING: Development of light fixture drawings and retrofit codes. Development of equipment submittals. SCOPE of WORK: General scope • Lenses and diffusers will be cleaned on each fixture that is retrofitted. • New light levels will meet IES standards. • New exterior controls will allow for remote operation. • The following new lighting systems and lighting retrofits are included in this FIM: el Johnson Controls Confidential and Proprietary Do not retrofit_ Install a cobra head LED fiturc O r LED exit sign. scree++-in fluor-esectit retrofit. N new fixture with a compact fluoescent lamp flood fixture with a HPS lamp,1 OOw new guard-light fixture with a hps lamp, HPS lamp and ballast hard-wire retro6r kit with a compact fluorescent lamp U1 4"fluorescent light fixture ' with 4 F54T5HO lamps. CO CL 4'fluorescent light fixture with 2 F54T HO lamps � J 4'light fixture with 2 + o° •• F3 T8 28w lamps CO W CO #p 4 F32T8 28w lamps and electronic ballast QJ 3 F3T8 28w lamps and L electronic ballast. C 2 F32T8 28w lamps and electronic ballast. E CIA 1 F3 2 T8 28w lamp and electronic ballast. CL ?F17T8 lamps and electronic ballast. l M 1 F 17T8 lamp and CL electronic ballast 8'Fixtwc to 4 P T8 28w + lamps and electronic ballast . iA ' 2x2 fixture to 2 F17TB +�* lamps and electronic ballast LL 4— 2x4 fixture to''F32T8 28w � lamps and electronic ballast Ad � o Do not retrofit. Install a cobra head LED fixture LED exit sign screw-in fluorescent retrofit r new Fixture with a compact fluoes ent lamp flood fixture with a BPS lamp,]OOw new guard-light fixture with a hps lamp. RPS lamp and ballast hard-wire retrofit kit with a compact fluorescent lamp. 4"fluorescent light C fixture with 4 F54T5HO lamps. 4"fluorescent light fixture with3 F54T5HO lamps. CL V light fixture with CL C 2 F32T8 28w lamps C 4 F32T8 28w lamps J and electronic .. ballast. r QO 3 F32T8 28w lamps W Lo and electronic ballast 0 2 F32T8 28w lamps �- F_ and electronic ballast. 1 F '.'T8 28w lamp and electronic ballast. "F 17T 81 amps and electronic ballast. I Fl 7T 8 lamp and electronic ballast, 8"fixture to 4 F32T8 8w lamps and electronic ballast r 2x2 fixture to F17T8 lamps and electronic ballast 2x4 Fixture to 2 460 F32T8 28w lamps C and electronic ballast M CL CL E CZ WA E C4 cry art �r cry ►� .,.9 C'4 CC Do not retrofit. Install a cobra head LED fixture LED exit sign, screw-in fluorescent retrofit, new fixture with a compact fluoescent lamp. flood fixture with a IMPS lamp,100w new guard-light fixture .� with a hps lamp. UPS lamp and ballast. hard-wire retrofit kit with a compact 1 fluorescent lamp C 4'fluorescent light fixture with 4 F54T5HD lamps. 4t fluorescent light Q} fixture with 2 CL F54T5HD lamps. 4f light fixture with 2 rq CL F3T8 28w lamps CC J 4 F3 T8 28w lamps _ RIM+ and electronic ballast. o 11= Li e,o 3 F3T8 28w lamps and electronic ballast. Cv% n 00 Nr FT8 28w lamps C and electronic ballast. E 0 l F3T8 28w lamp and electronic ballast. F 17T8 lamps and electronic ballast. 1 F1 7T8 lamp and electronic ballast. CL 8'fixture to 4 FT8 8w lamps and `q electronic ballast 2x2 fixture to 2 F l 7T8 lamps and electronic ballast LL 2x4 fixture to 2 FT8 v %_ 28w lamps and IC electronic ballast O >l M. 1.p to L irq Do not retrofit. Install a cobra head LED fixture LED exit sign, screw-in fluorescent retrofit, o cv Cq new fixture with a ' compact fluocscent lamp flood fixture with a HP lamp,100w new guard-light fixture with a hps lamp HPS lamp and ballast. hard-wire retrofit kit with �~ a compact fluorescent lamp 0 0 4'fluorescent light Fixture with 4 F54T5HO lamps. .M LM 4'fluorescent light fixture CL CD with 2 F54T5HO lamps CL 4'1 i gh t fixture with 2 r� — ao 00 400 F3 T8 8w lamps. ' C CU .j 4 F3T8 8w lamps and CU 40 9rM electronic ballast. C 40 F3T8 8w lamps and CD 0 mom electronic ballast CA F3T8 28w lamps and C electronic ballast. 1 F3T8 28w lamp and electronic ballast. CL 2 F 17T8 lamps and electronic ballast CD 1 FI7T8 lamp and electronic ballast. CL 8"fixture to 4 F3 T8 28w , lamps and electronic ballast 2x2 fixture to 2 F 17T lamps and electronic ballast 0 2A fixture to 2 FT b LL 8w lamps and electronic C ballast 0 6. °i, _ ? B v � n r ca ] � 4) .. w F, C - It E " p rA e+'s Do not retrofit. Install a cobra head LED fixture LLD exit sign. scTew-in f uvre cent ■ retrofit, new fixture with a compact fluoescent lamp. flood fixture with a HP [amp,l Q w new guard-light fixture with a hps[amp HP lamp and ballast. • hard-wire retrofit kit with a compact fluorescent lamp 4'fluorescent light firure irh 4 F54T5H lamps. *� 4} CD W fluorescent light fixture with 2 F54T H lamps. 4'light fixture with 2 LIo + �- F32T8 28w lamps. 4 F32T8 28w lamps and electronic ballast. LM LL 14n � 3 F32T8 8w lamps and ' 0 to electronic ballast. F32T8 28w lamps and electronic ballast t 1 F32T8 28w lamp and CD electronic ballast CL F17T8 lamps and electronic ballast. I F 17T$lamp and CL electronic ballast. 8`fixture to 4 F32T8 28w lamps and electronic ballast A x2 fixture to 2 F l 7T lamps and electronic ballast LL i 2x4 fixture to 2 F32T8 28W r~ .. lamps and electronic ballast fin k Do not retrofit. W Install a cobra head LED fixture LO LED exit sign. °c screw-in fluorescent retrofit. U3 us o new fixture with a compact c4 fluoescent 1 amp. flood fixture with a RPS W lamp,100w new guard-light fixture with CO a hps lamp, o U3 HPS lamp and ballast. • hard-wire retrofit k i t with a MO compact fluorescent lamp 4'fluorescent light fixture with 4 F54T5HO lamps. LO CL VI 4'fluorescent light fixture wivh 2 F54T5HO lamps. CL � 4'light fixture with 2 F3T8 � C 8w lamps c4 I3 4 F3 T8 28w lamps and i electronic ballast, �(D 4W cc C C 3 F3? City of Fort Worth — Phase Via Performance Contract Schedule 1. Table F. - : Lighting Controls Occupancy sensing Photocell control to lighting controller automatically turn to automatically off lights when Install a digital ROAM system turn lights on and daylight is timer wall photocetl ROAM system ofd: sufficient.. switch. controller. moniton*ng. Ad in.Bldg. 41 1 I 17 Bar screen 4 1 1 Bar screen 92 1 1 Bar screen#3 Bldg by AL-21 1 Bldg by L41 i Chlorine Bldg Chlorine Bid construction office Diesel gen Digester 1-6 i e digester 7-14 external i in Digester blldpgr#2 ] Digester Catwalk Digester Control bldg 45 Digester electrical Digester Pipe Tunnel l effulent filters emer enc store e exterior li hts 145 l filter building Cos Id g.#I Gas Bldg. 2 Gas Compressor BT Buiidir� 2 CIS bldg Crease handling bldg Grit Buildir Headworks High Rate i clarification bldg incinerator bldg i instrument house 5 main gate house Maintenance 4 MCC chiller bldg. meter test new electrical switch I 1 office bldg. 4 Old Chlorine no", maintenance old electrical switch old pwnp house pit primary sludge Prim iud e 4 pump bldg- Lpump corner � Johnson Controls db Confidential and Proprietary� City of Fort Worth -- Phase Via Performance Contract Schedule 1. Table 6F.6-2: U-0tina Controls nVd) Occupancy sensing Photocell control to lighting controller automatically turn to automatically off lights when Install a digital ROAM system turn lights on and daylight is tinter waII photocell ROAM system off. sufficient.. switch. Lcontroller. monitorin . Pum it uric vault RS 1 um vault Scum Pump Scum Pump it Scum Pump SP 1 Scum PUMP l0 Scum Plump SP l l Scum Flump SP 1 Scum Pump P 1 _ Scum Pum S']7 Scum Pum p SPI Scum Pump P 1 Scum Pump SP Scum Plump SP`0 Sewn Pu SP Scum Pump SP23 Scum Pump P Scum Punig SP4 Scum Punt SP5 Burn Pump P7 Scum Pump SPA service statiom l South stair to filter i e alle 1 Storage Bldg 'T'hicner 1-4 pipe gallery Thicner valve pit vault Vault north of Grease bldg 1 Warehouse 12 3 wooden bldg by 17 Totals 104 1 17 7 718t 145 1 Johnson V))W Controls Confidential arnd Proprietary 1 P%�t f Fort North — Phase Via Performance contract Schedule 1. DEMOLITION All demolition will be conducted in conformance with applicable laws. * Existing lamps, ballasts and other materials will be removed from the site by Jl in accordance with Federal, State, and Local regulations. It is also the responsibility of J1, acting as an agent for the City, to ensure the proper disposal of hazardous waste in accordance with the Federal, State and Local laws and regulations. If PCB light ballasts are found, they will be disposed of accordingly listing the City as the"City" and "Generator of the ballast waste_ Unless specified to be replaced in this Ftill,ll, all existing wiring to the fixtures are the responsibility of the City. if wiring and fixtures are not code compliant, it is the City's responsibility to bring then into compliance. COMMISSIONING: • Sample light level readings will be conducted for all new lighting systems and included in the O&M manuals. • Refer to General Work for all close-out document requirements. TRAINING: • one 1 day of on-site training will be provided to designated City personnel. WARRANTIES: City will be responsible for installation of warranted lamps & ballasts beginning at the date of Substantial Completion. A minimum 1% stock of ballasts and % stock of lamps will be provided by J l after completion of installation to help accommodate any warranty period failures. Specific details for each lamp and ballast extended warranty will be provided in the O&M manuals. Johnson Controls Confidential and Proprietary 1 City of Fort Worth — Phase Vla Performance Contract Schedule 1. FIM#-. 6H.6 FiM NAME: Power Factor Correction FI I DESCRIPTION: IPTION: TKs improvement measure will include the installation of new power factor equipment for one 1 existing electric meter searing Village Creep Wastewater Treatment Plant. GOALS: Eliminate power factor penalty cost • Utility savings ASSUMPTIONS: Capacitors will be installed inside in new structure next to main electrical power feed FINAL ENGINEERING: • Development of equipment submittals. • Finalize equipment performance requirements. SCOPE of WORK: • Furnish and install the necessary power factor capacitance at the following service address and ESI ID account to maintain a minimum power factor of 95%. Meter Address 1 500 Wilma Lane ES1# 10443720006012008 Kvar sizing 4809 • New equipment shall be AutoVAR MV, or equal. Capacitors are Auto Switched 4 stage harmonic filtered capacitor banks with 1200 A Disconnect, 2.4 ITV,60 h . • Metal enclosed, front accessible, NEMA 3R enclosure/outdoor constructed capacitor band with provision for top or bottom cable entry and viewing windows. Enclosure to be painted grey ANSI 51. 4" base mounting channel included. Dimensicns 90.51-1 x 225W x 49D Approximate Weight- 15,209 Ibs total_ • Key interlock system (Blain disconnect, ground switch, and enclosure doors). • Key and pad fockable locks on all door handles. • Exhaust fans and thermostats. Thermostatically controlled strip beaters. • Installation of new 12COA disconnect with mein fuses. Capacitors will run continuously but require very little cost to operate. • Installation will not rewire any interruption of service or power outage. • Capacitors are medium-voltage type (2499 volts) and will be connected to an existing switobgear or subpanel. • Capacitors will be installed in a location that will not hinder the day to day efforts of facility maintenance personnel. J o h n s o n ViNt, Controls Confidential and Proprietary 19 City of Fort V r-th — Phase Via Performance Contract Schedule 1. DEMOLITION: • All demolition will be conducted in conformance with applicable laws. Not applicable. COMMISSIONING: • Poorer factor measurements gill be recorded before ancl after capacitor installation is completed and included in the O&M manuals. • Refer to General Work for all Close-out document requirements. TRAINING: • Two tours of cn-site training will be provided to designated City personnel. WARRANTIES: Two year warranty or materials and labor beginning at the date of Substantial Completion. • Specific details for each extended warranty will be provided in the O&M manuals. Johnson Controls Confidential and Proprietary City of Fort Worth — Phase Via Performance Contract Schedule . ASSURED PERFORMANCE GUARANTEE SCHEDULE 1. DEFINITIONS. The following terms are defined for purposes of this Schedule as follows: Annual Guaranteed Project Benefits are the portion of the Total Guaranteed Project Benefits guaranteed to be achieved in ary one year of the Term, calculated and adjusted as set forth in this Schedule. Annual Project Benefits are those measured and non-measured benefits that are achieved in any year of the Terra. Excess Project Benefits are the amount by which the Annual Project Benefits exceed the Annual Guaranteed Project Benefits in any year of the Terra. Installation Period means the period between the Commencement Date and the fiat day of the month following the Substantial Completion Date. Project Benefits are those measured and non-measured benefits that are achieved and calculated as set forth in the Reconciliation section of this Schedule. The Term of the Assured Performance Guarantee shall be 108 morths and shall commence on the first day of the month following the Substantial Completion Date Measured Project Benefits are calculated and verified s set forth in Exhibit 2 of this Schedule. Non-Measured Project Benefits are the Project Benefits that have been agreed to by the City and will be deemed achieved in accordance with Exhibit 4 of this Schedule. City acknowledges that it has evaluated sufficient information to conclude that the ion-Measured Project Benefits will occur. As a result, on- Measured Project Benefits skull not be measured or monitored by JCl at any time during the Term, but rather shall be deemed achieved on the Substantial Compietion Date. Total Guaranteed Project Benefits are the amount of measured and non-measured benefits that are guaranteed to be achieved, calculated and adjusted as set forth in this Schedule. Total Project Benefits are the amount of measured and non-measured benefits that are actually achieved, calculated and adjusted as set forth in this Schedule. Total Project Benefits include all measured and non- measured benefits that are achieved both during the Installation Period and during each year of the Terra. 2. GUARANTEE. JCI guarantees that the City will generate $2,168,642 during the Term of this Assured Performance Guarantee Schedule, calculated and adjusted as set forth in this Schedule. If the Annual Project Benefits in any year of the Terra are less than the Annual Guaranteed Project Benefits for that year, JCl shall pay or credit the City with the difference, as described in this Schedule. Such payment or credit shall be the sole and exclusive remedy of the City for any failure by JCl to achieve Annual Guaranteed Project Benefits under this Performance Contract, including any alleged breach of any other express or implied warranty of Project Benefits. 3. RECONCILIATION. Within 60 days after the Substantial Completion Date, or earlier if otherwise specified in this Performance Contract, JCl will calculate the Project Benefits achieved during the Installation Period and advise the City of the amount of such Project Benefits. For purposes of the Installation Period reconciliation, such Project Benefits shall be reconciled at the end of the Year I guarantee period. The methods of reconciliation to be used during the Terra shall be approved by the City at the time that this Performance Contract is executed and are defined in all the Exhibits attached to this Schedule. Frequency of reconciliation will be annually. Except by mutual agreement of the parties, no changes to the frequency or methods of reconciliation may be made during the Term; but, if a utility providing energy to the City modifies its method of billing during the Term, or if the City changes its utility suppliers or method of purchasing, JCl may, Johnson I Control Confidential and Proprietary 21 City of Fort Worth —Phase Vla Performance Contract Schedule 2.6 at its option and with concurrence of the city, adjust the reconciliation methods to methods appropriate to the utility's revised method of billing. 4. CHANGES IN USE. The City agrees to notify J 1, within five business days, of any actual change or intended change, whether before or during the Term, in the use of any facility to which this Schedule applies, or of any other condition arising before or during the Terra, that reasonably could be expected to change the amount of energy used at any facility to which this Schedule applies. Such a change or condition would include; but is not limited to: changes in the primary use of any facility; charges in occupancy; changes to the hours of operation of any facility; changes or modifications to the Equipment or Services provided under this Performance Contract; charges in utility suppliers, method of utility billing, or method of utility purchasing; improper maintenance of the Equipment or of any related equipment other than by J 1; changes to the Equipment or to any facility required by changes to local building codes; or additions or deletions of energy- consuming equipment at any facility. Such a change or condition need not be identified in this Schedule in order to permit JCl to make an adjustment. Upon receipt of such notice, or if JC1 independently learns cf any such change or condition, J 1 and City shall calculate and send a notice of adjustment tc the Project Benefits to reflect the impact of such change or condition, and the adjustment shall become effective as of the date that the change or condition first arose. Should the City fail to provide J 1 with notice of any such change or condition, J l and City may mace reasonable estimates as to the impact of such change or condition and as to the date on which such change or condition first arose in calculating the impact of such change or condition, and such estimates shall be conclusive. 5. USE OF JC1 EQUIPMENT T AND SERVICES. This Assured Performance Guarantee Schedule is associated with the Planned Services Agreement Contract, and if the City cancels or otherwise breaches the Planned Services Agreement Contract, this Assured Performance Guarantee Schedule shall automatically terminate. if the City discontinues use of any of the Equipment, or if the facilities covered by this Schedule are not in full compliance with local building cedes, JI and City may calculate an adjustment to the Project Benefits as set forth in paragraph 4 of this Schedule by sending written notice to the City. 6. PROJECT BENEFITS SHORTFALLS, If the Annual Project Benefits during a specific year of the Term are less than the Annual Guaranteed Project Benefits for that gear, JI may apply the difference against any unpaid balances from the City then existing under the Performance Contract. Upon the mutual agreement of the parties, J 1 may also provide additional products or services, in the value of the shortfall, at no additional cost to the City. Where shortfalls have occurred, J 1 reserves the right, subject to the approval of the City, to implement additional operational improvements or conservation measures, at no cost to the City, that will generate additional Project Benefits in future years of the Term. 7, M&V APPROACH. Table 1 provides the M&V approach for each FINS. J 1 shall apply these methodologies, as more full} detailed in the guidelines and standards of the International Measurement and Verification Protocol OP MVP) and/or the Federal Energy Management Program PEMP , in connection with the provision of M&V Services under this Performance Contract. or Johnson V)"4�1 Controls Confidential and Proprietary 22 1 ciFrt Worth — Phase Vial Performance contract Schedule 2.6 Table I V Approach for Each FacillIN lmoroverrient Measure Facility or Process Facility Improvement Measure I 1 Area Methodology HVAC FIM#6E.6—HVAC Improvements Option B Lighting 1=I 1#6F.6—Lighting Retrofits Option A Power ct Correction Factor FI 1 #61 .6—Pager Factor Correction Option B i Note., Refer to Exhibit 2 of this Schedule for more specific information of M&V Methodology—Options A and B The following Exhibits are attached and rude part of this Schedule: Exhibit 1 Annual and Total Project Benefits Exhibit 2 Measured Specific Performance Guarantee SP Project Benefits Exhibit 3 This exhibit purposely left out of this Performance Contract Exhibit 4 Non-Measured Project Benefits Exhibit 5 Unit Utility Rates and Costs Exhibit 6 Baselines, Pre-Retrofit Conditions, Models Exhibit 7 Post-Retrofit conditions Exhibit 8 Responsibilities of JCl and the City Johnson ki Controls Confidential and Proprietary 23 r City of Fort Worth — Phase Via Performance Contract Schedule 2, Exhibit 1 ANNUAL AND TOTAL PROJECT BENEFITS Operations& Total Guaranteed Maintenance Guaranteed Utility Cost Cost Project Year Savings Avoidance Benefits Construction $207594 $545 $21,139 1 $2052939 $5,445 $211,387 2 $212,117 $5,611 $2177729 3 $216,461 $5,750 $222 4 $2251035 $5,953 $230,968 5 $+2+31,766 $61132 $237P918 6 $238,740 $6,316 $245,055 $2457902 $61505 $252,407 6 $253,279 $6,700 $259,979 9 $260k877 $6,901 $2671779 Totals $2,112,760 $559892 $2,1687642 Notes. 1, For Year 1, calculation of cost avoidance shall commence on the Substantial Completion date. 2. Utility Cost Avoidance is a Measured and Non-Measured Project Benefit. Utility Cost Avoidance figures in the table above are based on anticipated increases in unit energy costs as set forth in Exhibit 5 of this Schedule. 3. Operations & Maintenance Cost Avoidance are Non-Measured Project Benefits. Non-Measured Project Benefits in the table above are based on a mutually agreed fined annual escalation rate of three percent (3%). City acknowledges and agrees that if, for any reason, it i cancels or terminates receipt o & Services, (fi) fads to pay for M&V Services in accordance with Schedule 4, (iii) fails to fulfill any of its responsibilities necessary, to enable .l l to complete the Work and provide the M&V Services, or iv otherwise cancels,, terminates or materially breaches this Performance Contract, the Assured Performance Guarantee shall automatically terminate and J l shall have no liability hereunder. A W Johnso n " I Controls Confidential and Proprietary City f Fort Worth — Phase Via Performance Contract Schedule 2.6 Exhibit MEASURED SPECIFIC PERFORMANCE GUARANTEE(M P ) PROJECT T BENEFIT In a Measured Specific Performance Guarantee M PG , the determination of Project Benefits is based upon the differences between Pre-Retrofit and Post-Retrofit equipment and/or operation. The key performance factors that impact the performance of pre-retrofit and post-retrofit equipment and/or operation are defined relative to each measure and are shown in this Exhibit. certain fey performance factors require a physical inspection andlcr measurement prior to and after project completion. The pre- retrofit factors and those requiring post-retrofit inspection and/or measurement are identified as such in this Exhibit. These factors, the method of determination of post-retrofit factors, and the equations necessary to determine Project Benefits is mutually agreed upon by approval of this Performance Contract. Option Partially Measured Retrofit Isolation Measured Project Benefits are determined by partial field measurement of the energy use of the system(s) to which an I provement 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 wiii be shown in the Performance Contract Agreement. Engineering calculations which include pre-retrofit and post-retrofit measurements and stipulations are used to calculate Measured Project Benefits for the duration of the Guarantee Terra. Measured Project Benefits from the following Improvement Measures will be calculated using Option A: FIM# Fi I Description 6F.6 Lighting Retrofits FINS 6F.6-Lighting Retrofits Pre-Retrofit- , • JCI will measure power kW in the electrical circuit of each type of lighting system (excluding those less than 10 watts per fixture) for connected load before the lighting retrofit. Per fixture kW will be derived by dividing the measured circuit wattage by the number of fixtures on that circuit. • Pre-retrofit lighting operating hours are stipulated and were determined from site surreys and interviews. Post-Retrofit: • ,JCI will measure power kW (one time) in the electrical circuit of each type of lighting system (excluding those less than 10 watts per fixture) for connected load after the lighting retrofit. Per fixture kW will be derived by dividing the measured circuit wattage by the number of fixtures on that circuit. • Except for areas where new occupancy sensors will be installed and roadway lights controlled by the new FOAM system, post-retrofit lighting operating hours will be the same as pre retrofit lighting operating hours. For areas where new occupancy sensors will be installed, .1 i will install a sample of light loggers (one time) to verify the post-retrofit lighting operating hours. New ROAM system will be utilized (one time)to verify post-retrofit lighting operating hours for the roadway lights. Johnson *,N( Controls Confidential and Proprietary 2 City of Fort Worth — Phase Via Performance Contract Schedule 2.6 ' Exhibit Cooling Savings: • Annual cooling savings due to the lighting retrofits in conditioned areas were calculated based on cooling equipment efficiency and operating hours. These savings will be stipulated. Option B Retrofit Isolation Measured Project Benefits are determined by field measurement of the energy use of the systems to which an Improvement Measure was applied separate from the energy use of the rest of the facility. Short-terra, long-term or continuous measurements are taken throughout the pre-retrofit and post-retrofit periods. Engineering calculations which include the pre-retrofit and post-retrofit measurements are used to calculate the Measured Project Benefits for the duration of the Guarantee Term. Measured Project Benefits from the following Improvement Measures will be calculated using Option 8: FlM# FINI Description 6E.6 H1 AC Improvements 6H.6 Power Factor correction FINS#6E.6—HVAC Improvements Pre-retrofit: Jcl utilized manufacturer specifications, nameplate data and equipment age to establish pre-retrofit HAC equipment capacities and efficiencies. Jcl measured power kW for existing AHU and HVAC pump motors. • Pre-retrofit H AC operating hours were derived from site survey and interviews. Post-retrofit: • For existing H AC equipment to remain, post-retrofit H AC equipment capacities and efficiencies will be the same as pre-retrofit values. • For new HAC equipment, manufacturer specifications will be utilized for post-retrofit HA equipment capacities and efficiencies. JC1 will measure power kW(one time)for all new AHIJ and HI AC pump motors. • Post-retrofit HIAC operating hours will be monitored through the updated FMB for the duration of the Guarantee term. FII I#6H. —Power Factor correction Pre-Retrofit: • The power factor penalties were collected from the base year electric bills. Post-Fetrfit: • Post-retrofit power factor penalties will be verified from the future electric bills for the duration of the Guarantee terra. A K Johnson 1'rF 0 Controls Confidential and Proprietary City of Fort Worth — Phase l la Performance Contract Schedule 2.6 Exhibit Baseline Ad`us ments For all improvement measures, other baseline adjustments may be necessary due to future plant upgrades, permit requirements and revised plant operation procedures. There must be mutual agreement between the City and JCl before baseline adjustments are determined to be conclusive. Johnson Controls Confidential and Proprietary 27 City of Fort Worth — Phase Vial Performance Contract Schedule 2.6 i Exhibit NON-MEASURED PROJECT BENEFITS The Project Benefits identified below shall be Non-Measured Project Benefits under this Schedule. Year 1 Source of Ion-Measured O&M Cost FIM# Project Benefits AvoIdan e 6F.6 Lighting Retrofits $5,44 Total Non-Measured Project Benefits $5,44 In summary, the non-measured project benefits represent a net cost decrea s of$5,448. FIM F. - Lighting Retrofits Because lamp life will increase as a result of the new occupancy sensors and the installation of the ROAM lighting operation system, ar small allowance has been taken for decreased lamp maintenance. Additionally, there will he an annual fee associated with operation of the ROAM system. Lighting O&M breakdown: Safety Factor Total Savings Lamp Cost Savings $ 5,666 0.86 4,873 Ballast Cost Savings $ 4,854 0.86 $ 4,176 AM System Monitoring Cost $ -3,600 1.0 -3,600 Total $ 5,48 Johnson k(l Controls Confidential and Proprietary City of Fort Worth — Phase Via Performance Contract Schedule Exhibit EM IT UTILITY RATES AND COSTS The unfit energy costs by month for Base year of the Guarantee are set forth below and shall be used for all calculations made under this Schedule. Escalation rates that will be applied to Project Benefits are included in Annual Utility Escalation Rates table located at the end of this Exhibit. ELECTRIC UTILITY ACCOUNT Facility lame Service Address E 1 ID Village Creek Wastewater Treatment Plant 4500 Wilma Lane 10443720096612008 ELECTF ICITY RATE SCHEDULE ANALYSIS For all electric accounts, utility bill audit was performed on recent City electric bills for the period of CT9 , EP9 . As directed by the City, avoided cost TDU Delivery Charges were determined by subtracting the Retail Electric Provider(REP) Supply Contract rate of$0.06537 per kWh from the total bill charges during the utility billing history of OCT07-SEP08. The REP during the baseline period was Reliant Energy Solutions, Texas GLO Electric Sales Agreement, Term: JUN05 through MA 09. The new REP for the facility will be TXU Energy Retail Company, and the new contract rate is$0.9647431 per kWh. The term of the new sales agreement is,dun 09 through MAY1 1. For ail Flips that generate kW demand savings, avoided cost includes TDU delivery Charges and new REP Supply Charges. For all FlMs that generate kWh consumption savings only, avoided cost includes REP Supply Charges from the new sales agreement. The following Table 1 indicates electric$/kWh charges which were utilized for savings calculations at each facility. Table 1 Electric !k Wh Char es FACILITY TDU REP TOTAL CHARGES SUPPLY CHARGES ($/KWH) CHARGE $/KWH �$/KWH) Village Creek $0,013618 $0.9647431 $ .o Wastewater Treatment Plant Johnson Controls Confidential and Proprietary City of Fort Worth — Phase Iliac Performance Contract Schedule . Exhibit The following are applicable electric rate tariffs for power factor penalties and determination of billing demand for transmission and distribution system charges. TARIFF FOR RETAIL DELIVERY SERVICE—TXU ELECTRIC DELIVERY COMPANY The following Section 5.5.5 is derived from Tariff for Retail Delivery Service, TXU Electric Delivery Company, Revision ion -- Seven, Effective Date — January 7, 2008, and Revision — Two, Effective Date — July 15, 2006. Section 6.1.1 is derived from Tariff for Retail Delivery Service, TXU Electric Delivery Company, Revision — Four, Effective Date—August 30, 2004. 5.5.5 Power Factor If the Power Factor of Retail Customer's load is found to be less than 95% lagging as measured at the Meter, Company may require Retail Customer to arrange for the installation of appropriate equipment on Retail Customer's side of the Meter necessary to correct Retail Customer's Power Factor between unity and goo lagging as measured at Meter, or, if Detail Customer fails to correct its Power Factor consistent with this standard, the demand associated with Detail Customer's use of Delivery Service, as determined in the appropriate Fate Schedules in Section 6.1 RATE SCHEDULES, may be increased according to the following formulas: (1) Calculation of Power Factor Adjusted N P kW. The NDP kW applicable under the Monthly Rate section shall be modified by the following formula: Power Factor Adjusted = (Actual Monthly NDP kW x 0.95)/Current Month Power Factor Monthly NDP kl! Dal uIation of Power Factor Adjusted -DP I II. Each of the Retail Customer's monthly coincident peak kW demands used to calculate the Retail Customer's average 4 DP kW demand applicable under the Monthly Fate section shall be calculated using the following formula: Power Factor Adjusted = (Actual Monthly DP kW demand at time of ER COT T peat x . Monthly DP kW /Monthly Power Factor Power Factor Adjusted -DP k W = average of the Detail Customer's Monthly DP kW as adjusted for poorer factor if applicable. Power Factor Adjusted Monthly NDP kW demands will be used in determining the Billing kl!under the applicable tariff schedule. If Company has a different power factor billing adjustment it shall conform to these calculations upon its next general rate case. Should a Retail Customei's Power Factor deviate from the standard described above to the point that it is causing Delivery System problems for other Retail Customers, and the Detail Customer fails to correct the problem after sufficient notice, Company may install the necessary equipment on the Delivery System to correct the problem to the standard described above, and the Detail Customer shall be required to reimburse Company for the cost. or JohnsonV).4t,l Controls Confidential and Proprietary City of Fort Worth — Phase Vial Performance Contract Schedule 2.6 Exhibit 6.1.1 Delivery stem Isar es Determination of BIIIrng Demand for Transmission System Charaes Determination of N P kW The N P kW applicable under the Monthly Fate section shall be the KW supplied during the 15 minute period of maximum use during the billing month. Determination of 4 DP kll' The 4 CP kW applicable under the Monthly Fate section shall be the average of the Retail Customer's integrated 15 minute demands at the time of the monthly ERGOT system 15 minute peak demand for the months of ,dune, July, August and September of the previous calendar year. The Retail Customer's average 4 P demand will be updated effective on January 1 of each calendar year and remain fined throughout the calendar year. Retail Customers without pervious history on which to determine their 4 CP kW will be billed at the applicable N P rate under the"Transmission System Charge'" using the Retail Customer's N P W Determination of Billing Demand for Distribution System Charges Determination of Billing kW The Billing kW applicable to the Distribution System Charge shall be the higher of the N P kW for the current billirng month o r 80% of the highest monthly NC P kW established in the I I m onths preceding the current biIIing month % ratchet). The % ratchet shall not apply to retail seasonal agri ultural customers, as determined by the utility. Johnson Controls Confidential and Proprietary 31 City of Fort Worth — Phase Vlar Performance Contract Schedule 2. Exhibit Sample Electric Bill Village Creek Waste Water Treatment Plant Location: 4500 Wilma Lame NAME OF UTILITY Transmission-Distribution: Oncor Electric Delivery Account No.: 4547444 Retail Electric Provider: T U Energy Detail Company ESI ID No.: 10443720006612008 RATE SCHEDULE ANA LY ED JUN0 nc r Electric Delivery TDU Rate ode/Structure 1 / -Large: Secondary>10 k W, IDI TXU Energy Retail Company (REP)Texas GLO Agreement Term; June 09 through May 11 SUMMARY OF BILLING MP 1E 1T CHARGES oncor Electric Delivery: TDU Customer Charge 24.90 per month TDU Metering Charge 16.05 per month TDU Transmission Charge IDF-metered $ 1.47 per P-kW TDU Distribution Charge $ 3.55 per Dist.-kW TDU System Benefit Fund Rider SBF 0.000655 per kWh TDU Nuclear Decommissioning Felder ND $ 0.0 per Dist.-kW * also reference Delivery Charge Riders T ,TRC F,EM C,S C U D I C MC T U Energy Retail Co.: REP Monthly Charge >500-kW $ 30.00 per month REP Energy Charge 0.0647431 per kWh REP Applicable Takes to be determined, varies by jurisdiction REP Over-Capacity Charge 0,00 per kWh REP Third-Panty Fee $ 0.00 per kWh Avoi DED COST of ENERGY To BE USED 1N CALCULAT I ONS Transmission-Distribution: TDU Delivery Charges Unit Dolt 0.0153 per kWh h Retail Electric Provider: REP Supply Charges Unit Cost $ 0.0647431 per kWh h Av IDED COST of DEMANo To BE USED IN CALCULATIONS Transmission-Distribution: TDU Delivery Charges 0.00 per kW Detail Electric Provider: REP Supply Charges 0.00 per kW Comments TDU Delivery Charge Calculation: ($3,400,426/431049,959 kWh)-0.06537 /kWh = 0.01361 /k ' h Note: 0.06537$/kWh represents Reliant Energy Solutions REP contract during base year Johnson Controls Confidential and Proprietary City of Fort North Phase Via Performance Contract Schedule 2, Exhibit NATURAL GAS UTILITY ACCOUNTS Facifli Service Address Account Village Creek Wastewater Treatment Plant 1500 Blk of Greenbelt 546-0675-99-3 NATURAL GAS UTILITY RATE SCHEDULE ANALYSIS For all natural gas accounts, utility bill audit was performed on recent City natural gas bills for the period of OCT07 —SEP , As directed by the City, avoided cost natural gas charges were determined by subtracting the base charges from the total bill charges during the utility billing history of OCT07—SEP . The following Table 2 indicates natural gas II ICF charges which were utilized for savings calculations at each facility. Table Natural Gars IMCF Charges FACILITY NATURAL GAS CHAFES ($/MCF) Village Creek Wastewater Treatment Plant $11.5202 Johnson ki Controls Confidential and Proprietary City of Fort Worth — Phase Via Performance Contract Schedule 2.6 Exhibit Sam le Natural Gas Bill Village Creep Waste Water Tre tment Plant Address: 1500 Blk of Greenbelt NAME OF UTILITY Supply-Distribution: Atmos Energy Account No.:80.001395850.1131777.3 RATE SCHEDULE ANALYZED SEPO Atmos Energy (Tariff for Gas Service): Terriff 20426, Fete C - Commercial SUMMARY Y F BILLING COMPONENT CHARGES Atmos Energy: Customer Charge $ 13.50 per month Consumption Change All m f 0.98090 per m f Gars Dust Recovery overy Monthly Variable per m f Weather Normalized Adju tmentfU onthly Variable +1- per mnf Rate Case Expense Surcharge Monthly Variable per m f Franchise Fee 0.051 020 per$ Occupation T $ 0.020370 per$ AVOIDED COST OF ENERGY To BE USED IN CALCULATIONS Ail Charges $11.5202 per m f AVOIDED COST OF DEMAND To BE USED IN CALCULATIONS Supply-Delivery: All Demand Charges NA COMMENTS Avoided Cost of Energy Calculation: 101 — 13.50 x 12 months /8060 I M F= 11.5202$/M CF Johnson Q0 Controls Confidential and Proprietary City of Fort Worth — Phase Via Performance Contract schedule 2. Exhibit LANDFILL GAS AMT Facility Service Address Account Village Creek Wastewater Treatment Plant 1500 131k of Greenbelt -20131 LANDFILL GAS UTILITY RATE SCHEDULE ANALYSIS For the landfill gas account, utility bill audit was performed on recent City landfill gas bills for the period of OCT07 BEP . Sample Landfill Gas Bill Village Creek Waste Water Treatment Plant Address: 1500 Bilk of Greenbelt NAME OF UTILITY Supply-Distribution: Renovar Energy Corp 1 Rends Environmental Account No..-C-201131 BATE SCHEDULE ANALYZED(APRIL Agreement for Supply of Landfill Gas Between l enovar Energy Corp and Renda Environmental SUMMARY OF BILLING COMPONENT CHARGES Customer Charge 11,000 per lath Consumption Charge First 24,000 MMBtu or more 72,000 per month Gas Cost Recovery overt' M nthly Variable $0.30 per MMBtu Adjustments per MMBtu less than 24,000 -001MI IBtu Note: City must purchase 24,000 MMBtu if available H IDED LOST OF ENERGY To BE USED IN CALCULATIONS All Charges per MMBtu COMMENTS Avoided Cost of Energy Calculation: There is no avoided cost of Landfill gas as the contract is written at a set delivery amount. There is a refund for reduced delivery on the part of I enovar(landfill). However,there is no charge for additional landfill gas delivered beyond the contracted amount. Johnson 0),01 Controls Confidential and Proprietary P City of Fort Worth — Phase liar Performance Con ral t Schedule 2. Exhibit WATER/ EWER UTILITY ACCO T Facility Customer Location Meter Bernice Service Address Size Type Village Creek Wastewater Treatment Plant 1 57221 55396 4" Water 1 4500 Wilma Lane Village Creek Wastewater Storm Treatment Plant 57221 363880 6" Water 1501 Greenbelt Road WATER/ EWER UTILITY RATE SCHEDULE ANALYSIS For all water & sewer accounts, utility till audit was performed on recent City water/sewer bills for the period of CT0 —SEP08. As directed by the City, avoided cost water/sewer charges were determined using the following City of Fort Werth Water Department new rate structure shorn in Table 3 which became effective on January 1, 2009. Table Water&Sewer ConsumDtlon bates Water $2.15/c f Wastewater $3.16 1 c f Irrigation -10 . /ccf Irrigation 100 c $3.011 c f Johnson Controls Confidential and Proprietary City of Fort Worth — Phase Vla Performance Contract Schedule 2.6 Exhibit Sample Water/ ewer Bill Village Creep Wastewater Treatment Plant Address: 4500 Wilma Lane NAME of UTILITY Suppler-Distribution Fort Worth Water Dept Account o: 5722 Location N : 55396 RATE SCHEDULE ANALYZED JANog Fort Worth Water Dept: Commercial in Fort Worth SUMMARY OF BILLING COMPONENT CHARGES Fort Worth Water Dept: Customer Charge-Water 4" meter 33.50 per month Customer Charge-Water 6"' meter 182.00 per month Fire Line Fee NA Water Consumption Charge $ 2.15 per ccf Sewer Consumption Charge 3.16 per ccf Irrigation Consumption Charge NA Blowd wn Consumption Charge AVOIDED LOST To BE USED 1N CA L UL TION Water $ 2.15 per ccf Sewer 3.16 per cct Irrigation (0-100 ccf 2.56 per ccf Irrigation loo ccf 3.91 per ccf Blwdown NA Johnson Controls Confidential and Proprietary City of Fort Worth - Phase Ilia Performance Contract schedule 2.6 Exhibit Table 4 Annual Utillitv Escalation Fates The following table identifies the percentage increases that will be made to the Utility Cost Avoidance for each succeeding year of the Guarantee. 1 0% % % 0% % % 1% 1% 3% 3% 1% 1% woo- 3% 3% 1% 1% 3% % 1% 1% % 310 1% 1% % 3% 1% 1 Flo 3°0 % 1% 1% Notes: I. According to DOE historical data, consumer prices for retail electricity increased are average of 5.5% per year from 1970—2001. 2. As defined earlier in this Schedule, for all FlMs that generate M demand savings, avoided cost includes TDU $/kWh charges. Johnson Controls Confidential and Proprietary City of Fort Forth- Phase Via Performance Contract Schedule 2.6 Ir Exhibit BASELINES, PRE-RETROFIT CONDITIONS, MODELS Table I Pre-Retrofit Electric. Natural Gas,Landfill Gas and Water/Sewer Baselines Date Electrical Landflil Gas Natural Gas Water/Sewer ions. cons. I I I Water Water Sewer (MMBT Demand Cost (MMBT Cost Cons. Cost Cons. Cost Cost Month Year (kw) U) ($1 (CCF Oct 2097 20,554 8,484 225,712 20,554 76,567 3484 6,149 5,461 10,841 4,494 Nov 2007 19,719 T364 254,449 19,719 73,904 552.3 1 9,455 8,837 17,494 4,494 Dec 2007 21,821 6,808 265,558 21,821 80,609 907.6 14,349 3,206 6,399 4,502 J 2008 20,125 97 256,917 20.125 75199 1529.6 11,981 5,252 10.641 4.498 Feb 2008 17, 94 8,148 281,054 17,694 67,444 1306.7 7,984 4,620 1 9,370 4,496 Mar 2006 16,243 1 9,029 296,529 16,243 62,815 953.1 5,331 4,490 9,109 4,496 Apr 2008 18,627 10,463 321,401 18,627 70,420 487.9___4,479 4 818 9,768 4,496 May 2008 19,006 8,813 303.659 19.996 71,629 4492 5,247 6,004 12,152, 4,496 Jun 2006 15,159 .8,139 319,929 16,158 52,547 408.8 6,193 4,991 10,116 4,496 Jul 2008 13,907 8,'148 306,186 13,907 1 65,303 4083 5,776 5,493 11,125 4,496 Aug 2068 15,485 9,815 290,582 15.485 60,387 374.8 7,848 5,627 11,394 133 Sep 2096 14,788 1 7 932 273,450 14,763 58,174 351 8,274 809 1,710 123 Totals 214,128 1 1 41'14 1 3,400,4 2 6 1 214,128 1 825,068 9,060 930015 63,172 108,729 1 45,223 Note: Electrical figures shown above represent purchased electricity only. Defer to Table 2 for additional combustion turbine electric generation. Table Pre-Retrofit Turbine Electrical Production Turbine f Frehn urbine 2 Total Electric Month Production/ duction# Productiont Consumption sumpti on Consumption JkWh) kWh kWh Cc#-07 377,636 2,866,080 3,243,716 Nov-07 3,213.060 9 ,213,069 Dec-07 1,2 73.930 2,195,0001 3p468,930 Jan-08 0 3,615.590 3,615,590 Feb-08 41 1,129 2,756,630 3,107,759 Mar-08 0 2,979,020 2,979,020 r-08 160472 2,907,860 3,966332 May-08 720,799 2,397,590 3,118,389 Jun-03 121.975 2,795,410 2,917,385 Sul-08 185,204 2,361,940 2,547,144 Aug-08 69,125 /2},560,140 2,669,265 -0 253 2 274 ,390.200 2,64314!4 Totals 8,86 604 29,845,469 36,652,07 Note: Data Supplied By Village Creek Wastewater Plant Personnel Table Pre-Retrofit Air Temperature and Dew Poi °F Oct- Nov- Dec- Fioa8n- Feb- filar- Apr- May_ Jun- Jul Aug- Sep- Month 07 07' 07 0 08 09 08 08 08 08 0 Plant 72.7 62.0 49.6 47.4 551 62.4 69A 77.8 87.0 89.0 86.9 78.2 Temperature °F Dew point OF 1 51.0 45.0 36.0 32.0 35.0 42.0 50.0 60.0 65.0 66,0 64.0 61,0 Note: Data Supplied By Tillage Creek Wastewater Plant Personnel'Monthly Operating Data" Johnson (1 Controls Confidential and Proprietary Pity of Port Worth — Phase Via Performance Contract Schedule 2.6 Exhibit PRE-RETROFIT FACILITY OPERATIONS DATA Table 4 Pre-Retrofit Facility u ar c Hours Building Area Weekday Hours Saturday Hours Sunday Hours Weeks Annual per Hours Yea r Administration Offices Admire Bld 7,00 am-8:00 pm closed closed 52 2860 Control Admin. Bldg. 24 hrslday 24 hrs/day 24 hrslday 52 8760 R Dorn Vehicle Adman. Bldg. 7:00 am-6:00 pm closed closed 52 2860 Maint. Engine Admin. Bldg. 7:00 am—7:00 pm 7.00 am—7.00 pm 7:00 am—7:00 pm 52 4380 Control Room Blower Admin. Bldg_ 24 hrs/day 24 hrs/day 24 hrslday 52 8760 Room Locker Admin, Bldg. 7:00 am-6:00 pm closed closed 52 2800 room Training Admin. Bldg, 7:00 am-6:00 pm closed closed 52 2860 Room Conference Admin. Bldg. 7:00 am-8:00 pm closed closed 52 2860 room Warehouse_] Warehouse 7:00 am-6:00 prn closed closed 52J 2860 Process Areas Entire Blower MCC building, Variable - Areas occupied only for occasiana] 52 200 Complex Chiller Building, Centhfuge maintenance Bldg,Chlorine Area No. 3, DAFT Laboratory, DAFT MCC, Dechlorination Bldg, Dechlorinaticn Electric Bldg, Digester Boiler Building, Digester Gallery 1, Digester Gallery 2, Digester Gallery forth, Digester Gallery South, Digester i , High Rate Clarifier Digester Control 24 hrlda hrsld ay 24 hrs/day 82 8760 Building South DNge ter Control 24 hr /day 24 hrsfday 24 hrs/day 52 8780 Building Digester Control 24 hrs/day 24 hr /day 24 hr /day 52 8760 Building 3 Effluent Filter 24 hrslday 24 hrs/day 24 hrslday 82 8760 Control Bid Incinerator Bld 7:00 am—3.00 m closed closed 1 82 2080 Motes. All Weekday,Saturday and Sunday hours are daily averages. Daily occupancy times will vary some each week. Johnson 4,00 0)�' Controls Confidential and Proprietary L.ry O EVE 1 � LU }: 1 Flo � V n : >ry CC) o UP 00 00 00 R -CF 00 :., 06 06 06 win ,v 00 00 00 tow DO O � O . 00 00 CL eon m • Ou `t ' `— r_ CL 0 0 0 0 0 0 0 0 0 0 r- 00 CEO 00 00 00 00 00 00 00 00 00 00 0 CL lei _0 ASK- 00 txa APO CID Om �. 00! 00 a� C3 a LD CIO iA nco o CL 0 00 00 0 00 0 0 C� o . i 00 co 06 00 00 00 ,... c � cn LL 12 00 0 m° a - c ? C ° — W ° c � �- CL � v CL o ° UJ - � 0. 2 uU i •n.M1'.%.M1..�h 1 1 1� i VY L co TAM co co OD ko .� OCT L o a 0 M o 0 o D 0 o � v: J ' co ov oo av oa oo co 00 ov co ov o0 ff)w , m m m r» + M C ICCLL Im ' 00 � CL .. 0 0 0 o 0 o 4n t.0 oo W co ko oO cO" GD0 cO 00 Cd 00 oO OD c6 a0 LA to c:( < a. 0 LL CD 0 0 us c _ c C c0 0 co ED L co co y .� v-4 i h :< kD LD 06 IX ;. : ' W .� :. n ►n } 06 06 0 + OL Lip ;t M1.:'• Ci0' 00' 07 Co 00 00 OD co O w i s 0 M CN <0 <D .o 0 0 t C 0 co co 06 . o 0 0 (3 0 L � in 06 00 4) r- Ln CL ov oo co i 00 oo y: 0 00 + r ► r as oo 00 qT� CL 0 0 0 0 00 0 0 0 0 n °# o0 op o0 co t0 0.o C* a0 00 00 0o E %T 4qr co F 00 T CL CL o 0 4°n 0 ° r 00 06 co 00 + Q� oo 0 00 OO o 0 0 0 Cl 0 0 0 0 co 0 0 0 0 op o o to 0 00 QD o 0 V�• +° 0 0 0 oo ni 00 00! oo n.. _T+; o o 0000 00 oD o r_� P_�a � � � 0 +.a ka 0 �o I �V'� I_N oo co od 06 C-4 co coo 00 loo vd 06 c 0 0 LL cn 0Y) CD ID a i yam„ C �, J Q C] C�Ca _co Lu i � •� Q CL ° C { ❑ U_ (f City of Fort Worth Phase Via Performance Contract Schedule 2. Exhibit Table Pre-Retrofit HVAC Ea u ipment Inventory ry�M } Attar , ►poi ty ¢.. c :...n -size Areme Maintenance Maintenance shops/ ,1 0 e CI H1 ip Mechanical HIS 19 meeting room/Engine 4-pipe 6 Area Control Room Middle 1 25 8,740 Administration AHU 20- Locker rooms!Kitchen I 4-pipe CV HW }6 Mechanical Carrier Dining Room Feat Room Chiller building AFT 29 Chiller Building 6.5 3,000 -pipe CV Elec 1 Heat Lab Mechanical AHU 0 Main Office Deception 1 6,325 4-pipe CV HW 5 8 Room 1 Heart Control Control Room CAD, and 60 16,000 pipe CV Mechanical AHU 31 Technical Services /Electric bailer 25 7 Room#2 offices Control rg3 � Mechanical - Library/Res#room f -pips CV H1 ' Room#1 Carrier Front Corridor Heart 7.5 3 Lab Mechanical AHU 34 Training Room 6 2,400 4-pipe CV HIS 1 Boom#2 1 1 Heat Blower AHU 62 Control Roam Office 1,500 2-pipe C —l c 0.76 1 Mezzanine Deck Heat Engine AHU 63 Blower Room 15 1,270 -pipe CV HW 1 1 orlcsD o maint./office Heat Blower MCC RTU-1 Blower MCC Bldg 1 6,000 -pipe CV—No 6 1 Buildin Heat Blower Room ECU 1 Blower Roca n1a ND Potable water 20 Ip 1 Motes: 1. Cooling tons are nameplate ratings or best estimates from unit size. Table 7 Pre-Retrofit HVAC Equipment Inventory Chillers < y•M ry� n �}� �¢ry¢ry��f :��� ^•. #gin � �f � ° PH. x ff ff°° ¢U x � '.;�°ry'x` "�",.K:K '."''�M1 °¢:¢xS;.#�''��8y�.c�''4�x��.,,#•..s.s:�-.�'¢`��}y« �� ,<c} .£ Admini trati in Chiller CFA-1 Water- Administration 60 .0.82 11 Building H- Cooed Building, MCC 60 0.62 11 CH-3 Screw—4 Balding, Chiller 60 0.82 11 stage —Building Notes- 1. Cooling tons are nameplate ratings. 2. Cooling efficiencies are estimates based on age of equipment, condition of equipment, measurements and engineering experience. Johnson Controls Confidential and Proprietary 4 I City of Fort Worth Phase Vla Performance Contract Schedule 2.6 Exhibit 6 Table 8 Pre-Retrofit HVAC operatinci Hours Chillers Ul.'n"U Ne,e Administration Chiller CH-I Chiller Administration Building, 3, 27 Building ICH-2 G r MCC Building,Chiller 3,227 CH-3 Chiller Building 3,227 Notes.- 1. Operating hours were calculated using operating personnel interviews, utility bill modeling, logger data information, and chiller logs. 2. For multiple chiller installations in each plant, annual operating hours represent average operating hours. Some chillers ran longer than others. Table 9 Pre-Retrofit-HVAC Overatina Hours Motors en ID Service Area. ti . pain g UbUrs Maintenance Mechanical AHU 19 klaintenance shops/meeting 7.5 8760 Area room/Engine Control Room Middle Administration AHU 211- Locker rooms/Kitchen l 7.5 8760 Mechanical Room Carrier Dining Room Chiller building Ali U 29 Chiller Building 3 8760 Lab Mechanical Room#1 AHU 30 Main Office&Reception 5 R76]0 Control Mechmical AHU 31 Control Room CAD,,and 25 8760 Room#2 Technical Services offices Control Mechanical AHU 32- Library/Restroom i Front 7.5 8760 Room 4 1 Carrier Corridor Lab Mechanical Room 92 AHU 34 Training Room 2 8760 Blower Mezzanine Deck AH U 6 2 Control Room Office 0.75 8760 1 Engine Workshop AHU 63 Blower Room mint./office 1 8760 Blower MCC Building RTU-I Blower MCC Bldg 5 8760 Blower Room ECU I Blower Room 20 4350 Chiller Building CIIWP 1 Admin.Complex 7.5 8760 Chiller Building CHWP 21 Admin.Complex 7.5 8760 Chiller Building CH WP 3 Admin.Complex 7.5 8760 Control Mechanical CH WP 4 Admin.Complex 10 8760 Room 4 1 Chiller Building C I Admin.Complex 5 8760 Chiller Building CWP 2 Admin. Complex 5 8760 Chiller Building CWP 3 Admin.Complex 5 8760 Blower Room H I Admin.Complex 5 8760 Johnson Controls Confidential and Proprietary 45 I City of Fort Worth Phase Vla Performance Contract Schedule 2.6 Exhibit 6 Table V) Pre-Retrofit HVAC Eguipment Field Measurements Chillers and Pumps k UIAIRW MEMO MOO* -W 0 W, VCWW'rP Administration I-chiller CH-1 ]Chiller­Administration 60 ton 51.0 .741 4493=80.2 0 Building CH-2 -Chiller IBuilding, MCC 60 ton 50.8 .74 493, 80.0 CH-3 Chiller-Building,Chiller 60 ton 45.11 .70 4921 75,6 CHWP 1 Pump Building 150 GPM 4.9 =.549 496 9.% CHIMP 2 Pump 150 GPM 5.0 .591 496 9.8 CHWP 3 Pump 150 GPM 47 75 498 7.3 Control CHWP 4 Pump 250 GPM 5.5 85 494 7.6 Mechanical Room#1 �chiller CWP I Pump -180-Gpm 3,1 .65 497 5.6 Building CWP 2 Pura p_ 180 GPM 3A .68 496 5.9 CWP 3 Pump 180 GPM 3.3 .72 497 3 Blower 'H WP I Pump 110 GPM 3.7 .77 490 8.7 Roam L Table 11 Pre-Retrofit HVAC Ecjuii)ment Field Measurements Motors .................. VCWWTP Administration Maintenance AHU I AH T-U T Maintenance shops/meeting - 072 210 66,1 Mechanical Area .room/Engine Control Room Middle Administration AHU 20 AHU Locker rooms/Kitchen 7.5 5.2 0.63 491.1 5.5 Mechanical Dining Room Room Chiller building AHU 29 AHU Chiller Buildiqg 3 1.77 0.70 494 5.6 Lab Mechanical AHU 30 AHU Main Office&Reception 51 2,0 0.46 211 6.2 Room#1 Control I Cntrol Room CAD,and 41 IT o Mechanical AHU 31 AHU Technical Services offices 25 1&8 076� 490 6.3 Room#" Control Mechanical AHU 32 AHU Library/Restroom/Corridor 7.5 3A 0,43 492 3.1 Room 4 1 1 1 Lab Mechanical AHU 34 AHU Training Room 2 1.0 0.67 210 6.4 Room#2 Blower AHU 62 AHU Control Room Office 0.75 0.7 0,77 210 5.6 Mezzanine Deck Engine AHU 63 AHU Blower Room maint./office 1 0.6 0.44 210 4.6 Iorksho Johnson )AV 41/4 Controls Confidential and Proprietary 46 City of Fort Worth — Phase Via Performance Contract Schedule 2.6 Exhibit POST-RETROFIT OFIT CONDITIONS It Is understood that the City will make deans regarding operation of the plant to meet the conditions of the discharge permit and that the City seeps to modify certain modes of operation to improve wastewater treatment and energy efficiency. POST-I ETROFIT FACILITY OPERATIONS DATA Post-Retrofit Facility Occuipancy Hoar Post-retrofit Facility Occupancy Hours will be the same as Pre-Retrofit fit Facility Occupancy Hours shown in Exhibit 6. Table Post-Retrofit HVAC Operatinq Parameters Service Area Designation Tors HP KW Zones Time on Time Hrs per Keating Keating Cooling Cooling year Sete oint Setback Set pint Setback Maint shop 11tg Rm f Turbine Control Rm AHU 20 25-81 7.5 5.21 5 lam 6prn 3140 70°F 5D°F 73°F 8 OF Turbine Control room new urn it 2 1 0.7 1 r Tara 5614 70°F 50T 7eF 85°F .Locker rooms I Mchen I Dining Room AHU 19 25 7.5 4.4 4 7arn 12Lm 3146 70Y 50Y 73Y 85"F Chiller Building AHU 29 6.5 3 1.8 1 24-7 operation 8760 70Y NA 73°F NA Main Office&Reception AHU 30 17.2 5 21 8 7arn 16pm 3146 70"F 50OF 7 �F 85DF Control Room{CAD I Tech Sycs office AHU 31 00 25 10,8 7 24-7 operation 8760 70°F NA 73Y NA Library/Restroom/Front Corridor AHU 32 25 7.5 3.4 3 Tarn 6PM 3146 70"F 0°F 73F 8 �F Training Room AHU 34 7.3 2 1 1 Tarn m 3146 70°F 50OF 73°F 85°F Control Room Office AHU 62 24 0.75 0.7 1 lam 6prn 1146 70°F 50Y 73°F 85 0 F Blower Room Massa Office AHU 3 3. 1 Q.0 1 lam 16pm 3146 70°F �°F 73°F 85OF Blower MCC Bldg RTU 1 15 5 2.91 1 24-7 operation 8760 1 70°F NA 73°F NA Blower loom F-v partitive Cooler 20 11,91 1 24-7 operation 870 A I NA NA I NA di I fir, ohnon N19, 1 Controls Confidential and Proprietary 47 n 00 LO r- uj :4 V U) 4... TO blots G O O O1 r-%* � ,--� Gel 06' l' nv <# + .v 0 aO o OE Lo o co co _ ca Ln co 00 00 n t o cc my t 0 cc *¢ 4) ILL n I CL 0 'J .. oho o°o ILL) :.ry* co ov o0 oo a oo vo 00 00 c o0 00 , R K DOC Ln v C) { ';t `,° y. LD .• IUD 00 OCO r� :nay I C) 0 0 0 0 0 U9 ,.r, oa 00 o W oo oo ,. ? ` 0o a ce ao LLI LA r E _ - °? a � L `° oi t5 cp u CL 21 e- OL t ... a - LU :. O O . 1 1p G1 rV GO C�1 -All top 3 v: LU LU co Aw, } n x. rno LM ..S' � VC: •— w CL J o a (0:0:1 o a o 0 0 0 00 00 00 00 0o 00 00 00 00 00 00 -0 .. rn M m rn rx r m rx Ou . .. to coo i C: CD a. a. � vV o ... o v o o 0 C%+ +'q o o 0 0 LO w � m W o f n 00 06 00 06 06 r-i L. � w r-J 00 06 0 Co*} ;f , ° E LA LO LL r _ � � CL ra In cn 0 ,� is iJ� ... CD PN ryi. y o �ui •SAY . . + 06 o IT � Co kv"' a o a, :. Ln +� n. r n r7 i ri UD 00 LO N. m � 00 oa 00 oa as 00 o 00 CD CD 0 CD . C*i r4 r i e,4 oo r q L Tr o a "+. 0 Ln v' acv' o 2 • }* a C o ;0, n .fie M Ln Ln U"� 3 CL Lm 00 417 v o 0 rn �o �o L n Ln r- r4 M Lo 0 N m 00 qr Ln is m o o 0 0 o a o a o CL 00 0o m co 00 co 00 ov LID ao 00 00 co M r, r*1 m m n m r+r) rn rrr % � -,F - ao T -eiI OL .. 0 0 o ° a °� Lrl 06 06 ry •-� 0o oa 0 o 0 m o o a°o Ln o ° o0 rn .-.4 r� .--1 � n r- rn c 00 L, O o C r4 ,`o 0 r%*� o ka n r ,-ri ov 0 oo � 0 00 0 g 0 0 CD 0 0 0 L UD ;. 1 IL Jm }...+ p 4r C g } 0 r M r t 0 cO 2 u 4 0 V3 ' C o � x W 0 W u City of Fort Worth — Phase Isla Performance Contract Schedule . Exhibit RESPONSIBILITIES OF JDI AND THE CITY This Exhibit details the individual responsibilities of J l and of the City, not otherwise set forth in this Performance Contract, in connection with the management and administration of the Assured Performance Guarantee, Johnson Controls. Inc. City of Fort Worth 1. Provide monthly savings reports 1. Provide to JCI reports of any significant charges in plant in Year 1 and quarterly savings renovations, schedules, operating hours, process changes, reports in Years 2 through g conditioned area, personnel levels, lab analysis methods or based on savings methodology any other item which may have an impact on utility described in this Performance consumption and other operating costs, Contract. 2. Regular monitoring of facility 2. Provide access to designated JOHNSON Controls employees improvement measures to for the purpose of verifying, adjusting and or maintaining the maintain peak operating facility improvement measures employed at the various efficiency. facilities. 3. Assist Plant personnel with setting 3. Notify Johnson Controls, Inc. within 48 hours of the failure of up electronic communication of any equipment, controls or strategies that might impact Monthly Average Plant Operating avoided costs. Data reports and Historical Trending Data reports. 4. Report any operational or retrofit 4. Continue manufacturer recommended preventive maintenance opportunities that would further on all new mechanical and electrical equipment associated increase the efficiency of the with this Performance Contract. facilities. 5. fleet all contractual obligations. 5. Continue manufacturer recommended preventative maintenance on existing HVAC equipment. 6. It is understood that the City will 6. City will malice decisions regarding operation of the plant as operate the Plant to meet the required to meet the conditions of the discharge permit. conditions of the discharge permit. Johnson Controls Confidential and Proprietary 51 City of Fort Worth — Phase Via Performance Contract Schedule , F SERVICES CHEDULE 1. SCOPE of SERVICE. J 1 and the City agree that the services checked below will be provided by JI at the City's facilities. 0 Primary Air Conditioning Equipment (PRIME) 0 Primary Air Conditioning Equipment (Basic) 0 Fire Detection and Management Systems (Premium) 0 Fire Detection and Management Systems (Basic) 0 Facility Operations 0 Reciprocating Air Conditioning Equipment(Premium) 0 Reciprocating Air Conditioning Equipment(Basic) 0 Associated Air Conditioning and Heating Covered Equipment (Premium) 0 Associated Air Conditioning and Heating Covered Equipment (Basic) 0 Maintenance Management Services 0 Primary Heating Covered Equipment(Premium) 0 Primary Heating Covered Equipment(Basic) 0 Automatic Temperature Controls(Premium) • Automatic Temperature Controls(Basic) • Training • Facility Management Systems Premium • Facility Management Systems(Basic) 0 Security Management Systems (Premium) 0 Security Management Systems (Basic) 0 Assured Performance Guarantee zi Energy System Management Services zi Metasys Training 2. EXTENDED SERVICE OPTIONS FOR PREMIUM AND PRIME COVERAGES. On-site repair services will be provided during J I's normal business hours, unless one of the following options is checked: 0 24-5 Extended Service--J CI will provide on-site response 24 hours a day, 5 days a week (Monday thru Friday, except JC1 holidays) 0 -7 Extended Service--J CI will provide on-site response 24 hours a day, 7 days a week (including holidays) Johns-on Controls Confidential and Proprietary Ci Fort Worth ! Phase via Performance Contract Schedule 3.6 3. DEFINITIONS. The terms used in this Services Schedule shall be defined as follows: a) COVERED EQUIPMENT means the equipment for which services are to be provided under this Services Schedule and installed under Schedule 1.5 and any other Covered Equipment Lists attached to this Services Schedule. b EQUIPMENT T FAILUF E means the sudden and accidental failure of moving parts or electric or electronic components that are part of the Covered Equipment and that are necessary for its operation. c SCHEDULED SERVICE VISITS include labor required to perform inspections and preventive maintenance on Covered Equipment. d SCHEDULED SERVICE MATEFUALS include materials required to perform Scheduled Service Visits on Covered Equipment. e REPAIR LABOR includes labor necessary to restore Covered Equipment to working condition following are equipment failure and excludes total equipment replacement due to obsolescence or unavailability of parts. f} REPAIR MATERIALS include materials necessary to restore Covered Equipment to working condition following an equipment failure and excludes tout equipment replacement due to obsolescence or unavailability of parts. At J l's option, Repair Materials may be new, used, or reconditioned. All Repair Materials are covered by the warranty as described below. g BASIC COVERAGE includes Scheduled Service Visits, plus Scheduled Service Materials if otherwise noted in this Services Schedule, for Covered Equipment. h PREMIUM LEVEL COVERAGE E includes BASK COVERAGE as well as Repair Labor, plus Repair Material if otherwise noted in this Services Schedule, for Covered Equipment. i EXTENDED SERVICE Includes extended service for repairs and is available only if City has PREMIUM or PRIME coverage. The prig for Extended Service, if chosen by City, is part of the total price City will pay. Should a defect be found during an Extended Service visit that JI is net responsible for under this Services Schedule, City agrees to pay JI's standard fee for any services rendered. Should Repair Labor or Repair Materials be performed in periods beyond the Extended Service period, City agrees to pay J I's standard fee for any services rendered beyond the Extended Service period. PRIME LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Materials if otherwise set forth in this Services Schedule, for Covered Equipment consisting of centrifugal, absorption, or screw chillers. PRIME LEVEL COVERAGE also includes Repair Labor, and Repair Materials if otherwise set forth in this Services Schedule, for diagnosed imminent equipment failure as well as actual equipment Failure, and the following: i J i will analyze diagnostic tests including Pre flue Vibration Analysis and spectrochernical oil analysis megohm readings. All diagnostic tests must be performed at J l-prescribes# frequencies and to J I-specified test standards. Coverage will include Repair Labor and Repair Material for heat exchanger tubes if an Eddy Current An (ysis, acceptable to J 1, has been performed in the three gears prior to this Services Agreement Schedule and is provided to Jl, or such a test will be performed as part of this Services Agreement Schedule. 00 Should J is analysis suggest the existence or the possibility of equipment deterioration outside anticipated or acceptable conditions, JI may at its option take corrective steps necessary to prevent further deterioration or breakdown of the Covered Equipment. JCl retains sole judgment over whether equipment conditions are considered acceptable, whether corrective steps should be taken, or what steps, if any, need to be taken. Performance of any corrective steps under this PRIME coverage is not a guarantee that equipment failure or downtime will not occur. rt ell onn Controls Confidential and Proprietary CitV of Fort Worth— Phase Via Performance Contract schedule 3; Q) EXTENDED SERVICE includes extended service for repairs and is available only if City has PREMIUM or PRIME coverage. The price for Extended Service, if chosen by City, is part of the total price City will pay. Should a defect be found during an Extended Service visit that JC1 is not responsible for under this Services Schedule, City agrees to pay JC1's standard fee for any services rendered, Should Repair Labor or Repair Materials be provided in periods beyond the Extended Service period, City agrees to pay JCI's standard fee for any services rendered beyond the Extended Service period, 4. WARRANTY.RANTY. JC1 warrants that its services will be provided in a good and workmanlike manner and that parts repaired or replaced by JCI will be free fern defects in workmanship, design, and material until the end of this Agreement or for one year, whichever is earlier. ,JCI's sole obligation shall be to repair or to replace defective parts or to properly redo defective services. JCI DISCLAIMS ALL OTHER WARRANTIES RANTIES oN THE E UIPENT FURNISHED UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES RANTIES of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES. .JC1 will inspect the Covered Equipment within 45 days of the date of this Services Schedule or as seasonal or operational conditions permit. JCI will advise City if JC1 finds any Covered Equipment net in working order or in need of repair. With the City's approval, JCI will per-form the work necessary to put the Covered Equipment in proper working condition. To the extent that Covered Equipment is not subject to warranty or other obligation of JC1 for its repair, this work will be done at JCl's standard fee for parts and labor in affect at that time, If the City does not want JCl to do the work identified by JCI, or if City does not have the work done, the Covered Equipment will be removed from the list of Covered Equipment and the price of this Services Schedule grit then be adjusted. 6. CITY OBLIGATIONS AND COMMITMENTS To JCI. The City warrants that, to the best of City's knowledge, all Covered Equipment is in good working condition and the City has given JCI all information of which City is aware concerning the condition of the Covered Equipment. The City agrees that, during the term of this Services Schedule, the City will. a operate the Cornered Equipment according to the manufacturers recommendations; (b) keep accurate and current work logs and information on the Covered Equipment as recommended by the manufacturer, c provide an adequate environment for Covered Equipment as recommended by the manufacturer or as recommended by JCI, including adequate space, electrical power, air conditioning, and humidity control; d notify JCI immediately of any Covered Equipment malfunction, breakdown, or other condition affecting the operation of the Covered Equipment; (e) allow JCI to start and stop, periodically turn off, or otherwise change or temporarily suspend equipment operations so that JCI can perform the services required under this Services Schedule; and f provide proper condenser and boiler waiter treatment, as necessary, for the proper functioning of Covered Equipment, if such services are not JCL's responsibility under this Services Agreement Schedule, The City acknowledges that its failure to meet these obligations will relieve JCI of any responsibility for any breakdown, or any necessary repair or replacement, of any Covered Equipment and may require adjustments under Schedule 2.5,Assured Performance Guarantee Schedule. 7. CHANGES To COVERED EQUIPMENT. To the extent permitted under the Performance Contract, the City retains the right to male changes or alterations to the Covered Equipment. If, in JCI's opinion, such changes or alterations substantially affect .ICI's services or obligations, .JCI shalt have the right to make appropriate changes to the scope or to the price of this Services Schedule or to both. /Jill Johnson �P Controls Confidential and Proprietary 54 ei dart� t h � of rfrrxa�r�c � r� r Schedule 3.6 B. ACCESS. The City will give JC1 full access to all equipment that is either Covered Equipment or associated with it when J1 males reasonable requests for such access. If access cannot be provided, JCI's obligations under this Services Schedule will be suspended until such access to the equipment is provided. Batters affecting Jcl's access to the equipment may include, but are not limited to, the removal, replacement, repair, refinishing, restoration, reconstruction, or other remedial actions taken by the City with respect to Covered Equipment or to the city's facility. Suspension of J I's duties for this reason will not cancel or suspend any of the City's obligations under this Services Schedule. 9. EXCLUSIONS. J I's services under this Services Agreement Schedule do not include- (a) supplies, accessories, or any items normally consumed during the use of Covered Equipment, such as ribbons, bulbs, and paper-, b calls resulting from lack cf operator-level preventive maintenance, site-related problems, or operator error; ( service calls due to failures resulting from acts of God, abuse or misuse of covered Equipment, or alterations, modifications, or repairs to Covered Equipment not performed or provided by J I; d the furnishing of materials and supplies for painting or refinishing Covered Equipment; e electrical work to the City's facility necessary because of Covered Equipment; service calls resulting from attachments made to overed Equipment or other equipment not covered by this Services Schedule; g the repair or replacement of ductwork, casings, cabinets, structural supports, tower fill/slats/basin, hydronic and pneumatic piping, and vessels, gaskets, and piping not normally replaced or maintained on a scheduled basis, and removal of oil from pneumatic piping; h service calls resulting from the effects of erosion, corrosion, acid cleaning, or damage from unexpected or especially severe freezing weather that is beyond ghat is prevented by JI's normal maintenance, (i) work caused by any operation of, adjustments to, or repair to, Covered Equipment by others not authorized in advance by J I; work caused by the negligence of others, including but not limited to equipment operators and grater treatment companies, k service calls due to failures caused by improper environmental conditions affecting Covered Equipment or electrical power fluctuations, if due to conditions beyond JI's control, and service calls required because J l had previously been denied access to the Covered Equipment; and 1 disposal of hazardous wastes. Hazardous wastes remain the property and the responsibility of the city even when removed from equipment or replaced by J 1 as provided by the terms of this Services Schedule. The City shall be responsible for the proper storage and disposal of hazardous wastes. This includes, but is not limited to, used oil, contaminated r uncontaminated refrigerant, and PCBs. The following Exhibits are attached and made part of this Schedule: Exhibit I Assured Performance Guarantee Johns-on Z Controls cnfdential and Proprietary Cit j of Fort Worth — Phase Via Performance Contract Schedule 3.6 Exhibit I ASSURED PERFORMANCE GUARANTEE Jl Assured Performance Guarantee AP Services includes the following, Measurement§L Verification (M&VI Services Construction Period Training 1, Near the end of the construction period, J f will provide two days of on-site training on the City requirements for the management and administration of the Assured Performance Guarantee. Performance Reporting Service 1, Provide monthly savings reports during the first year of guarantee and quarterly savings reports for years 2 through 9. Reporting shall include the following, • Project Benefits calculations for period compared to targets. • Status of energ y and operational savings strategies implemented by J 1. Performance Assurance Services 1. Monitoring of improvement measures implemented by J C 1: * Review Monthly Average Plant Operating Data reports. • Review Historical Trending Data reports of selected equipment. Site visits to review facility improvement measures and consultation with Plant personnel. • On-site measurements as required by the M&V methodology. • Review of status and operation of energy and operational savings measures implemented by J 1. Implement corrective actions as needed. • Report any operational or retrofit opportunities that would increase energy savings. 2, Training * City consultation. * Telephone support as required. Johnson Controls Confidential and Proprietary City of Fort Worth— Phase Via Performance Contract Schedule 4.6 TERM AND PAYMENT T SCHEDULE 1. PFU E AND PAYMENT TERM. The City shall make payments to J l for Work performed as specified in Schedule 1. , as well as payments for Services rendered as identified in Schedule 3.6. (a) Progress Payments The price to be paid by the City for the Work specified in Schedule 1.6 shall be 1 1 526. There will be only one 1 Substantial Completion Date for all scope of work projects identified in Schedule 1. . J l will submit a Schedule of Values with each invoice for approval by the City. JI will make current estimates in writing for review by City of materials in place and the amount of work performed during the preceding period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. J 1 may submit invoices twice per month. The City will inane payment within 30 business days of City approval of invoice. Normal payment cycle is 20 business days. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse, City w'll make payments up to a maximum of % of the value of the materials and equipment. Such payments shall be conditioned upon submission by JDl of bills of sale or such other procedures satisfactory to City to establish City's title to such materials or equipment or otherwise protect City's interest including applicable insurance and transportation to the site. J i warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to City upon the receipt of such payment by J I, free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens"; and that no Work, materiafs or equipment covered by an Application for Payment will have been acquired by J1, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by JI or such other person. J l shall prepare each application for payment on custom payment form that meets City requirements to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised work progress schedule must be attached before the pay request can be accepted. Final payment, constituting the entire unpaid balance for the Work, shall be made to JDI within 45 days after the Substantial Completion Date. Payments may be withheld on account of any breach of this Agreement by JI and claims by third parties(including Jl subcontractors and material suppliers , but only to the extent that wri#'ten notice has been provided to JDf and J l has failed, within ten days of the date of receipt of such notice, to provide adequate security to protect City from any loss, cost, or expense related to such claims. Time is of the essence in the performance and completion of the Work. Should J l fail to complete the Work, within the time and manner specified, or within the time of such extension as may be granted or approved by the City, JDI shall be liable to the City for damages suffered by City by reason of such delay. J I and the City agree that the actual damage that the City will suffer by reason of delay would be difficult to ascertain, and the liquidated damages to which the City is entitled hereunder are reasonable forecast of Just compensation for the harm that would be caused by JC1's failure to achieve ieA Johnson Controls Confidential and Proprietary City of Fort Worth - Phase Via l P rf rman Contract Schedule 4.6 Substantial Completion of the Work on or before the date(s) specified for Substantial Completion, and not a penalty. The liquidated damages are based upon the guaranteed annual savings lost per day of delay($549 per day). J I and the City agree that,J I}s liability will be limited to the extent the delay Is caused by the action or in action of..SCI, its agents, or subcontractors. ..SCI and the City also agree that .11 will not be liable unless it is provided ten 1 uninterrupted days(excluding weekends and holidays) in which to resolve the delay, (b) services The total price for JCl's Assured Performance Guarantee Services during the Terra of this Agreement is $110,878. This amount will be paid to it l based upon completed services. The payment amounts for each year are shown below. Assured Performance Guarantee Year Services 1 20,945 2 10J13 10,416 4 1 ,7 11,051 11$382 7 1 1,724 8 $ 12,075 g 12,438 Totals 110,87 City has the right to terminate the Services at any time. City must deliver written termination notice at least 30 days prior to Services termination date. City may delay payment for completed APG services to conduct third party review of any savings report. Third party review shall be completed within 90 days after delivery of savings report. rA Johnson Controls Confidential and Proprietary 58 N RGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM SPECIAL INSTRUCTIONS ADDITIONAL REQUIREMENTS ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT(EECBG)—AMERICAN RECOVERY AND R IN VEST N4ENT ACT ARRA PROJECT U contracts funded in whole or in part by EECBG funds shall comply with the following: 1. Ensure the safety and structural integri 6. Follow mandatory standards and policies relating to energy efficiency which are contained in the state energy conservati SUBGRANT FLOWDOWN PROVISIONS FOR EECBG FINANCIAL ASSISTANCE AWARDS SPECLk L TERMS AND CONDITIONS IONS Table of Contents Number Subiet 1. RESOLUTION F CONFLICTING CONDITIONS i....raiii.**�#i..iiww*...■■,■■...■.ia.rmM###..■..##. STATEMENT OF FEDERAL STEWARDSHIP....ffi&a6rwFV*0Aa*rPs E6*60M room w*6&vvwmowm moor wasom M#ss■..i 3, SITE VISITS rm mom s**+■s Ef r'r■s#F iM was o @mo■■rsm**si■ms REPORTING IEEET�■■i} #*s■s.i.#.MMw■wi��*■■asrM####rmia�s Lis*siiww■MM■■i■■.�tsal�i*■■**�*#*aaMMMi 5s PUBLICATIONS i�w**sM■■rarff■■■■■■w■*r■�.�#r■■■■■•+■_..■..■}€...••■•■t...•■■•■■■•l iMi■■.■r.*•MrrM■**�#*MMasMSr�rf�wrM+ 6. FEDERAL, STATE,AND MUNICIPAL 1 E IR4EMENTS s■.■■....�#a..ass.i�■....ars...a.r.■a*i■ 71 LOBBYING RESTRICTIONS.,,,,..mass Usk a a am Mum Ike ewe-SEWN a em a wage■s*#a■s a■WE* w■.,gas■*..*■.■■.■■ra#■..■..ra.■■■■s 8. NATIONAL E NVIRONM EC TAL POLICY ACT (N EPA) F E UIF EMENTE ■MM■sfi■■■�##}\ 9. HISTORIC PESEATIIr■# ■m as■way w.■ii■ra■wssaiMSSSmwws#MMassMw*wss■sfs 'tom WASTE# TA *iasaw ��i�w� ar�■t* *��w�r**s��is�■awr#sr�*■*s***ra��s**�� ass�wsrw�ts�wsa�s �*sar■i* I��as��a*w*ifs 11, SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AN D F EINVESTI E IT ACT OF 2009 (May 2009).Mf#.aswr*#a.saaaaaamaamoo 12. REPORTING TIN AND REGISTRATION REQUIREMENTS UNDER SECTION! 1512 OF THE RECOVERYACT■■am■*#MOO■■M#■s■ma■M*#■s■.■.■s*iw■ass M*■a■i ONE#M Poo AVE s*#*aa■■•ss@a m sham■#sssss■■am.&#Mi MAN we**%+mooed 13. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT A ID PRODUCTS --SENSE OF CONGRESS..........,mum*PVM&Dmu moons h ww%AMM OWPO&MMUM us P&Affiban ffiftwomas Mao MOGNIMM 14. REQUIRED USE OF AMERICAN IRON, STEEL,AND MANUFACTURED GOODS SECTION 1605 OF THE AMERICAN N F E 1ERY AND REINVESTMENT ACT OF 2009 mMi twgobsshadss##•M+AwsMUMRMEWago massat*r*raso*■MMam0##sM■soambacemos*M*t raMeBoomaama■*a se eMasa*sM•■saM6•!*aMmomsoa @amomsda06aama6 15■ REQUIRED IF ED LASE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AG EEME 1TS —SECTION 1605 OF THE AMERICAN AN E ERY AND REINVESTMENT ACT OF 2009 M.+ms+rssr.si*opm,EasesoMSF.tl 16. WAGE FATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY E ACT A sag Iasrf Sam onadi#•a ado r moms Eda awed dads imi#M#r.■s\ssi*m.;w#ws*Aso■w Get*■■ass*w am MAO■■awe ama■w#**■■.■##9#+iii■a*4a*Aas*a MM#*Ada ego 1 17, DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY STANDARD ACT am at4##s■w sag I&soma■saws■■win*s■■■sea A awe a Oda mom moo#m sang*•am■aaw■&Ia■sa am go Ia■say#si062■■ssNam a s&s#a si■sias■Maas■##■iM■assn s as1 18. PROCUREMENT..a W Ve,0 a 0 0 6 rd&I M a V p 6 no's as W 6 a a me a 10 0 6 a 0 a a F-W P on a 9 0,a a a 6 0 P&V a a a 0 a a b D*a 0 a N a a a w a-0 0 6 a a a-a a a a MVF S Revised Special Terms and_ onditions For Dn Lracts and RFPs Aug2DJOADC 3 a 1. RESOLUTION F CONFLICTING CONDITIONS This contract is funded by a federal grant under the American Recovery and Reinvestment Act (ARRA). In case of any inconsistency between this contact and federal statutes,regulations, or the terms and conditions of the applicable DOE fanding award (collectively referred to as "'federal requirements"'),then the federal requirements shall prevail, 2. STATEMENT OF FEDERAL STwARDSIHP DOE will exercise normal Federal stewardship in overseeing the project activities performed under this award. Stewardship activities include,but are not limited to,conducting site visits; reviewing performancc and financial reports;providing technical assistance and/or temporary intervention in unusual circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the award objectives have been accomplishcd. 3. SITE VISITS The City of Fort North and the 's authorized representatives have the right to make site visits at reasonable times to review project accomplishments ents rid management control systems and to provide technical assistance,if required. You roust provide,and roust require your sbarrdees to provide, reasonable access to facilities,office space,resources, and assistance for the safety and convenience of the goven naent representatives in the performance of their duties. AR site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. 4. REPORTING R Q REMENTS a►. Reauirements. The reporting requirements for this award are identified on the Federal Assistance Reporting Checklist DOE F 4600.2, attached to this award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments,suspension or terniimtion of the current award,and withholding of fature awards. A willful failure to perform,a history of failure to perform,or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies. b. Additional Recovery Act Reporting Requirements are found in the Provision below labeled: "REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT," 5. PUIBU AT"IONS An acknowledgment of DOE support and a disclaimer must appear in the publication of ny material,whether copyrighted or riot,based on or developed under this project,as follows; Revised sp ial^T rms andsonditions For Contracts and RFC's Aug2010.doc 4 * Ackno wledgment: "This material is based upon work supported by the Department of Energy under Award Number I li- E o ." Disclaimer: " 'his report was prepared as an account of work sponsored b y an agency of the United Mates Government. Neither the Ur ted States Govemment nor any agency thereof,nor any of their employees, makes any warranty,express or implied,or assues any legal liability or responsibility for the accuracy,completeness, or usefulness of any information,apparatus,product, or process disclosed,or represents that its use would not image privately owned rights. Reference herein to any specific commercial product, process, or service by trade name,trademark, manufacturer,or otherwise does not necessarily constitute or imply its endorsement,recommendation,or favoring by the United States Goverment or any agency thereof. The views and opinions of authors expressed herein do not n=ssarily state or reflect those of the united Mates Goer 'nri rent or any agency thereof."' 6, FEDERAL, STATE,AND NWMCI AL REQUIREMENTS You must obtain any required permits,ensure the safety and structural integrity of y repair, replacement,construction and/or alteration,and comply with applicable federal,state, and municipal Ia vss,codes, and regulations for work performed under this award. 7. LOBBYING RESTRICTIONS By accepting funds under this award,you agree that none of the fads obligated on the award shall be upended, directly or indirectly,to influence congressional action on any legislation or appropriation matters pending before Congress,other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. S. NATIONAL NV O MEN'TA POLICY ACT (N EPA)REC UMMENTS The work to be performed under this contract has been evaluated under National Envirommental Policy Act requirements and has been deemed to he categorically excluded(documentation will be provided by the City upon request of the Contractor). Contractor shall not expand the scope of work to exceed the categorical exclusion. 9. MSTORIC PRESERVATION Contractor skull avoid taki coordinate the Section 106 review outlined in 36 CPR Dart Boo. SHPO contact information is available at the following link. httr)://www.ncshiLo.ore/find/'lndex.htm. THPO contact infon ation is ava able at the following link: httD://www.nathpo.orgLm a .htrnl . section l of the Nfl?A applies to DOE funded activities. If applicable, the Recipient or subrecipient certifies that it will retain sufficient documentation,to demonstrate that the Recipient or subrecipient has received required approval(s)from the SHPO or TBPO for the Project. 1 .WASTE STREAM The Recipient assures that it will create or obtain a waste management plan addressing waste generated by a proposed Project pri refeing to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data All information providcd by the Contractor should be presumed to be public information and available to the public for review. Information that the Contractor claims is proprietary and confidential must be clearly marked at the top of each page in red text of at]east a 14 point font. In addition,the report or collection of data claimed as ro riet ry must be prefaced with cover stating that such claimed proprietary information is contained in pages identified by the docwnent's page number. Information provided by the Contractor is subject to the Texas Public Information Act and may he discIos d as allowed or required by law. Contractor agrees that determinations of public information shall he at the sole discretion of the City and that d temu'nation of status as public information by the Office of the Attorme r general shall be binding upon the Contractor. Information which is the work product of this contract may not be claimed as proprietary and the City of Fort Worth and DOE shall have the night to use or disclose the data freely. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. City shall have all right in data for the work product of this contract and an unlimited license to publish reports and data as the City deems fit and at its sole discretion. Information about this agreement may be published on the Internet and linked to the website www.recovery.gov,maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subjeot to disclosure under sections 552 and 552a of title 5,United Mates Code. D. Protecting Mate and Local Govemment and Contractor whistleblowers The requirements of Section 1553 of the Act are summarized below. They include,but are not limited to: prohibition on Reprisals; An employee of any non-Federal employer receiving covered fands under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5,may not be discharged, demoted,or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties,to the Accountability and Transparency Board, an inspector general,the Comptroller general,a member of Congress,a State or Federal regulatory or law enforcement agency,a person with supervisory authority over the employee or other person working for the employer who has the authority to investigate,discover or terminate misconduct),a court or grant jury,the head of a Federal agency,or heir representatives information that the employee believes is evidence of: gross man gement of , agency contract or gent relating to covered funds; -a gross waste of covered funds; - a substantial and specific danger to public health or safety related to the implementation or use of ver d funds; -an abase of authority related to the implementation or use of covered and ; or as violation of law,rule,or regulation related to are agency contract inci Odin the competition for or negotiation of a contract)or grant,awarded or issued relating to covered funds. R Ased Special Terrn andsonditions For Contracts and RFPs Aug201 O.do 7 Agency diction; Not later than 30 days after receiving an inspector general report of are alleged reprisal,the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the followi F Acceptance by Mate Legislature--If fands provided to any State in any division of the Act are not accepted for use by the Governor,then acceptance by the State legislature,by means of the adoption of a concurrent resolution,shall be sufficient to provide funding to such State. Distribution--After adoption of a State legislature's concurrent resolution,funding to the Mate will be for distribution to local govemme ts, councils of government,public entities, and public-private entities *dh m the Mate either by formula or at the Mate's discretion. I .REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 CE T RECOVERY ACT (c)Recipients and their first-tier subrcipients must maintain current registrations in the Central Contractor Registration rttp W w.ccr. at all times during which thcy have active federal awards fanded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS)Number(h1tp.-11www.do .cum)is one of the requirements for registration in the Central Contractor Registration. 13, NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUC'T'S--SENSE OF CONGRESS It is the sense of the Congress than to the greatest extent practicable,all equipment and products purchased with furs made available under this award should be American-made. *Special Vote: Defi ti ation of the Provisions entitled,"REQU ED USE OF AMERICAN IRON, STEEL,,AND MANUFACTLIRED GOODS–SECTION 1605 DE THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009'"and""REQUIRED USE OF AMERICAN IRON,STEEL,,AND MANUFACTURED GOODS COVERED UNDER INTERNATIONAL AGREEMENTS)–SECTION 1 605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009'will be done upon definition and review of final activities. 14.REQUERED USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS– SECTION 1605 OF THFj AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Recipient determines at any time that any construction,alteration, or repair activity on a public building or public works will be performed during the course of the project, the Recipient shall notify the Contracting Officer prior to commencing such work and the following provisions shall apply. (a)Definitions. used in this award terra and condition— (1)Manufactured good rncans a good brought to the construction site for incorporation into the building or work that has been--- i Processed into a specific form and shape; or Revised Special—Terms-and—Conditions-For Contracts and RFPs Aug2O l0.doo (H) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2)Public i building ndpr b/i work means a public building of, and a public work of, governrment entity(theLJnited States;the District of Columbia;commonwealths,territories,and minor outlying islands of the United States; Mate and local govenunent ; and multi-State,regional, or interstate entities which have govenunenW functions),'These buildings and works may include, without limitation, bridges,dam , plants,highways,parkways,streets,subways,tunnels,sewers, mains,power lines,pumping stations,heavy generators, railways, airports, terminals, deeps,piers, wharves,ways, lighthouses,buoys,jetties, breakwaters,levees, and canals, and the construction, alteration,maintenance, or repair of such buildings and works. (3)Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) preference. l This award term and condition implements Seetlou 1 605 of the Ameticen Recovery and Reinvestment Act of 2009(Recovery diet) (Pub. L, 111-5), by ire in'ng that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph(b)(3)of this section and condition. (2)This requirement sloes not apply to the material listed by the Federal Government as follows; To Be Determined (3)The award official l mar add other iron,steel, and/or manufactured goods to the list in paragraph (b)(2)of this section and condition if the Federal Government determines that- (i)The cost of the domestic iron, steel,and/or manufactured goods would be unreasonable.The cost of domestic iron,steel,or manufactured goods used in the project is unreasonable when the cumulative cost of such material evil i increase the cost of the overall project by more 2 percent; (H)The iron, steel,and/or manufactured good is not produced,or manufactured in the United Mates in sufficient and reasonably available quantities and of a satisfactory quality; or (iii)The application of the restriction of section 1605 of the Recovery Act would be inconsistent wi i (D)Cost; (E)Time of delivery or availability; (F)Location of the project; (G)Larne and address of the proposed supplier; and (H)A detailed justification of the reason for use of foreign iron, steel,and/or manufactured goods cited in accordance with paragraph b of this section. (ii)A request based on unreasonable cost shall include a reasonable survey of the market and completed cost comparison table in the format in paragraph d of this section. (iii)The cost of iron, steel,and/or manufactured goods material shall include all del iver costs to the construction site and any applicable duty. iv Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for cow tructior4 alteration,maintenance,or repair shall explain why the recipient could not reasonably foresee the need for such detcrmination and could not have requested the determination before the funds were obligated, if the recipient does not submit a satisfactory explanation,the award official need not make a determination. (2)ff'the Federal Govcmment determines after funds have been obligated for a project for construction, alteration, maintenance,or repair that an exception to section 1605 of the Recovery Act applies,the award official will amend the award to allover use of the foreign iron, steel,and/or relevant manufactured goods. When the basis for the exception is nona availability or public i good Domestic c steel, iron, or manufactured good Item Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Dist name,address, telephone number,email addres , and contact for suppliers surveyed. Attach copy of response;if oral,attach summary. Include other applicable supporting information. *Include all delivery cosh to the construction site. 15.REQUIRED USE OF AMERICAN IRON,STEEL,AND I A U AC RED GOODS (COVERER UNDER INTERNATIONAL AGREEMENTS)–SECTION 1 605 of THE AMERICAN RECOVER'AND REINVESTMENT ACS'OF 2009 (a)De As used in phis award term and condition— Designated t d country— 1 A world Trade Organization government procurement Agreement country(Aruba,Austria, Belgium, Bulgaria,Ada, Cyprus,Czech Republic, Denmark,Estonia, Finland,France, Germany, Greece,Hong Kong, Hungary,Iceland, Ireland, Israel, Italy,Japan, Korea(Republic of), Latvia,Liechtenstein, Lithuania,Luxembourg, Malta,Netherlands,Norway, Poland,Portugal,Romania, Singapore, Slovak Republic, Slovenia, Spam, Sweden, Switzerland, and United Kingdom; (2)A Free Trade Agreement(FTA)country (Australia, Bahrain,Canada, Chile,Costa Rica, Uo im"can Republic, El Salvador, Guatemala, Honduras,Israel, Mexico, Morocco,Nicaragua, Oman,Peru, or Singapore); or (3) A United States-European Communities Exchange of Letters (May 15j, 1 995)country: Austria, Belgium,Bulgaria, Cyprus,Czech Republic,Denmark, Estonia,Finland,France, Germany, Greece,Hungary, Ireland, Italy,Latvia,Lithua ia, Luxembourg,Malta,Netherlands,Poland, Portugal,Ror awsSlovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel, andlor rnanufactured goods— l Is wholly the growth, product,or manufacture of designated country; or (2) In the arse of a manufactured good that consist in whole or in part of materials from another country,has been substantially transformed in a designated country into a new and differcnt manufactured good dis nct from the materials from which it was transformed. Devised Special Term and ndition For Contracts and RFPs u =O.doc 12 { Domestic iron, steel, ardlor manufactured good l Is wholly the growth,product,or manufacture of the United States; or (2)In the ease of a manufactured good that consists in whole or in part of materials from another country: has been substantially transformed in the United Mates into a new and different manufactured good dis root from the materials from which it was transformed. There is no requirement with regard to the ori (2)The recipient shall use only domestic or designated country iron,steel,and manufactured goods in perforYning the work funded in whole or part with this a ward,except as provided in paragraphs (b)(3) and b of this section. (3)The requirement in paragraph b2 of this section does not apply to the iron, steel,and manufactured goods listed by the Federal Govenunent as follows: To Be Determined (4)The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3)of this section if the Federal Government determines that, i The cost of domestic iron, steel,and/or manufactured goods would be unreasonable.The cost of domestic iron,steel, and/or manufactured goods used in the project t i unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 2 percent; (U"')The iron, steel, and/or mmufactured good is not produced,or manufactured in the United Mates in sufficient and reasonably available commercial quantities of a satisfactory quality;or (iii)The application of the restriction of section 1 605 of the Recovery Act would be inconsistent with the public interest. (c)R q st for determination of inapplicability of ion 1605 of the Recovery Act or the Buy American Act. (1)(i)Any recipient request to use foreign Troll,steel,and/or nanufactnred goods in accordance with paragraph(b)(4)of this section shall include adequate in or ation for Federal Government evaluation of the request,including— (A) descri (iii) The cost of iron,steel,or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv)any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration,maintenance,or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the dctermination before the funds were obligated. If the recipient does not submit satisfactory explanation, the award official need not make a determination. (2)If the Federal xovernment determines after funds have been obligated for a project for construction,alteration,maintenance,or repair that an exception to section 1605 of the Recovery Act applies,the award official will amend the award to allow use of the foreign iron,steel,and/or relevant manufactured goods. When the bads for the exception is nonaailability or public interest, the amended award shall reflect adjust rr ent of the award amount,redistribution of budgeted funds, and/or other appropriate actions taken to cover cosh associated with acquiring or using the foreign iron,steel,and/or relevant manufactured goods. when the basis for the exception i { Include other applicable supporting information. *Include all delivery costs to the construction site. 16,WAGE RATE REQ TIRE IRNTS UNDER SECTION 1606 OF RECOVERY ACT (a) Section 1606 of the Recovery Act requires that all labomrs and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or ire part by and through the Federal Govenunent pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character sh under financial assistance agreements."Contract'' does not mean a financial assistance instrument with a unit of State or local government where construction is perfon ed by its own employees. (4) "Contracting Officee"means the DOE offici classification of work actually performed, without regard to skill,eept as provided in . a . Laborers or rnechauies performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein,provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination (including any additional classification and wage rates conforrned under paragraph (a)(1)(ii)of this section)and the Davis-Bacon poster(WE-132 1 shall be posted at all tunes by the Contractor and its subeontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A)The Contracting Officer shall require that any class of laborers or mechanics, including helpers,which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the gage determination; (2)The classification is utilized in the area by the construction industry; and (3)The proposed wage rate, including any bona fide fnge benefits,burs a reasonable relationship to the wage rates contained in the wage determination. (B)If the Contractor and the laborers and mechanics to be employed in the classification if known),or their representatives,and the Contracting Officer agree on the classification and wage rate(including the amount designated for fringe benefits whcrc appropriate), a report of the action takcn shall be sent by the Contracting Officer to the Administrator of the wage and Hour Division,U.S. Department of Labor, Washington,DC 20210.The AdIministmtor,or an authorized representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the -day period that additional time is necessary. (C)In the event the Contractor,the laborers or mechanics to be employed In the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the Contracting Officer shall refer the questions, including the dews of ill interested parties and the recommendation of the Contracting Officer,to the Administrator for detern-dnation.The Administrator, or an authorized representative,wi11 issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer wxtlxin the 30- day period that additional time is necessary. M The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs alii (B)or C of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. Revised Special jenms—and Conditions For Contracts and RFPs Aug2 10.dorc 19 (iii)whenever the miru* S registration of apprenticeship programs certification of trainee programs,the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. ii The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Department of Energy'if the agency i's a party to the Contract,but if the agency is not such a party,the Contractor will submit the payrolls to the Recipient or Subrecipient as applicable), applicant, sponsor,or owner,as the ease may be, for transmission to the Department ent of Energy. The payrolls submitted shall set out accurately and completely all of the information requi i (3)That each laborer or mecham"c has been paid not less than the applicable gage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the appheable wage determination incorporated into the Contract. (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WN-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph a it of this section. (D)The falsification of a any ef'the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United States Code. (iii The Contractor or subcontractor shall make the records required under pare -aph (a)(3)(i)of this section available for inspection,copying,or transcription by authorized representatives of the Department of Energy or the Department of Labor,and shall permit such representative&to interview employees during working hours on the job.If the Contractor or subcontractor fails to submit the required records or to make them mailable, the Federal agency may, after written notice to the Contractor, sponsor, apptic nt, or owner,take such action as may be necessary to cause the suspension of any f rther payment advance, or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees - (i) Apprentices will be pernr progress,expressed as at percentage of the joumeymen urly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. I `the apprenticeship program does not specify fringe benefits,apprentices must be paid the full arnount of fringe benefits listed on the wage determination for the applicable classification.if the Administrator determines that a different nt practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services,or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be pitted to utilize apprentices at less than the applicable predete iined rate for the work performed until an acceptable program is approved. (ii appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause. (7) Contract tenTx oration: debarment.A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compli M mechanic, including watchmen and guards,employed in violation of the clause set forth in paragraph(b)(1)of this section, in the sure of 10 for each calendar day on which such individual was required or permitted to work in excess of the standard work-week of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1)of this section. (3)Withholding for unpaid wages and liquidated damages.The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of n authorized representative of the Iep ,rtrrnt of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(b ( of this section. (4)Contracts and Subcontracts,The Recipient, Subrecipient,and Recipient's and Subrecipient's contractor or subcontractor shad.] insert in any Contracts,the clauses set forth in paragraph(b)(1)through of this section and also a clause requirmg the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through(4)of this section. (5)The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the Contract for all laborers and mechanics,including guards and watchmen,working on the Contract. Such records shall contain the name and address of each such employee, social security number,correct classifications,hourly rates of wages paid, daily and weekly numb r of hours worked,deductions made, and actual wages paid.The records to be maintained under this paragraph shah be made available by the Contractor or subcontractor for inspection, copying,or transcription by authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or subcontractor will permit such representatives to mterview employees during working hours on the job (c)Recipient Responsibilities for Davis Bacon Act (1) On behalf of the Department o Energy (DOE), Recipient shall perform the following functions: (i) Obtain, maintain, and monitor all Davis Bacon Act(Dl certified payroll records submitted by the Subrecipients and Contractors at any tier under this Award; (U"") Review all DBA certified payroll records for compliance with DBA requirements, including applicable DL wage detenninations; (iii Notify DOB of any non-compliance with DBA requirements by Subrecipients or Contractors at any tier, including any non-compliances identified as the result of reviews performed pursuant to paragraph( above; Revised Special Terms and-Conditions Forsonlracts and RFPs Au&20 IO.doe 24 (iv) Address any Subrecipient and any Contractor DBA non-compliance issues; if DBA non-compliance issues cannot be resolved in a timely manner, forward complaints, summary of investigations and all relevant information to DOE; (v) Provide DOE with detailed information regarding the resolution of any DBA non- compliance issues; (vi) Perform services in support of DOE investigations of wmpla nts filed regarding noncompliance by Subrecipients and Contractors with DBA requirements; (vu"') Perform audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA requirements and as requested by the Contracting Officcr; and (viii) Provide copies of all records upon request by DOE or L xn atimely manner. (d) Rates of Wages The prevailing wage rates determined by the Secretary of Labor can be found at,h=://www.wdol. ov/. 18,PROCUREMENT(10 CFR 600.236,Section i "Contract Provisions,"' numbers 1-13) (i) Contract provisions. grantee's and sub grantee's contracts roust contain provisions m paragraph (i)of this section. Federal agencies are permitted to require changes,remedies, changed conditions, access and records retention,suspension of work, and other clauses approved by the Office of Federal Procurement policy. (1)Administrative, contractual, or legal remedies in instances where contractors violate or breach contract teams, and provide for sueb sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2)Termination for cause and for convenience by the grantee or subgwtee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of 1 0,000) (3)Compliance with Executive Order 1124 6 of September 24, 1965,entitled"'Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations 1 CFR chapter 60). (All construction contracts awarded in excess Of 107000 by grantees and their contractors or subgrantees (4)Compliance with the Copeland `Anti-Kickback"Pict 0 8 U.S.C. supplemented in Department of Labor regulations CFR Part . (dill contracts and subgrants for construction or repair) (5)Compliance with the Davis-Bacon Act o U.S.C. 276a to 276a-7) supplemented by Department of Labor regulations C R Part . (Construction contracts in excess of$2000 awarded by grantees and subgantees when required by Federal grant prograrn legislation) (6)Compliance with Sections 103 and 107 of the Contract work Hours and Safety Standards Act(40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 C R Part . Construction Revised Special Terms- are ondit ms For Contracts and RFPs Aug2 1 O.doc contracts awarded by grantees and subg antees in excess of$2000, and in excess of$2500 for other contracts which involve the employment of mcchanics or laborers) (7)Notice of awarding agency requirements and regulations pertamm to reporting. (8)Notice of awarding agency requirements and regulations pertaining to patent zights with respect to any discovery or'Invention which arises or is developed in the course of or under such contract. (9)A warding agency requirements and regulations pertaining to cop n"ghts and rights in data. (10)Access by the grantee,the subgrantee,the Federal grantor agency,the Comptroller Gericral of the United Mates,or any of their duly authorized representatives to any books, documents,papers,and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, evert ,and transcriptions, (11)Retention of all rewired records for three years after grantees or sub grantees make final payments and all other pending matters are closed. (12)Compliance with all applicable standards,orders,or requirements issued under section 306 of the Clean Air Act(42 U.S.C. 1857(h)),section 508 of the Clean water Act U.S.C. 1368),Executive Order 117382 and Environmental Proteetion Agency regulations(40 CFR part 15). (Contracts, ubcontmts, and subgrants of amounts in excess of$1 00,000). (13)Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance Vn6th the Energy Policy and Conservation Act(Pub.L. 94-16311 89 Stat, 87 1 . Remised special Truss end_ onditions For Contracts and Ms Au&2010.doc 26 e r CITY OF FORT WORTH EECB x WASTE SCAM PLAT To the greatest extent possible,materials generated as a result of implementation of Energy ciency and Conservation Block Grant will be recycled. All sanitary, hazardous, or non-hazardous waste is required to be handled and managed in a manner that is compliant with all local, Mate, and federal laws and regulations regarding the dispose] of waste including,but is not limited to,old light bulbs,lewd ballasts,piping,roofing material, discarded equipment,debris,asbestos,etc.,from the upgrade/installation of energy efficiency projects. Regardless of the contractor or subcontractor selected by the City of Fort Worth, its employees,or the waste hauler, all non-hazardous waste,hazardous waste,non-hazardous with hazardous or environmentally sensitive subcomponents, such as mercury florescent bulbs, ballast, motor transformers,HVA , CFC,etc.,will be transported by a state and federally licensed waste hauler for ultimate disposal at an appropriately licensed waste site in accordance with all federal, state,county, and local regulations. All waste shall be collected and transportcd by a company liccnsed to operate in the City of Fort Worth A t hmcnt A). As projects are planned, all existing materials equipment to be removed will be categorized into one of the following: salvageable,non-salvageable,or hazardous waste. used on the classification of the waste it will be disposed in the following manners: 1. Salvageable . Salvageable materials will be determined by available markets at the time of the project. Materials may include but not be liinited to a variety of metals,cardboard,concrete,and other recyclable mate als. b. All salvageable metals will be containerized at the project site until a sufficient quantity is accumulated to warrant transport to a reputable scrap metal vendor. Bills of lading will be used to document the materials takcn and the weight salvaged. c. All materials containing refrigerants will be handled with care to prevent the involuntary release of hazardous gases. The re ffi er nt gill be recovered whenever possible in accordance with the Clean Air Act requirements. Once recovered, the rem adning metals will be salvaged. 2. Non-salvageable a. Non-salvageable items may include but not be limited to wood, sheetrock,plastic,and packing materials. b. Care wil l be taken to segregate building=terials from putreible wastes. 1. Inert,uncontaminated building materials will be disposed at a landfill permitted by the Texas Commission on Environmental Quality fi Q . 2. l utr siblc wastes will be disposed at a landfill permitted by TC Q 3. Permitted disposal sites within 40 xrliles of Fort Worth are included as Attachment b c. Weight tiekets will be used to doeument final disposal for all non-salvageable wastes. 3. Hazardous . Hazardous materials may include but shall not be limited to PCB-containing light ballasts, Fluorescent tubes,refrigerant,and used oil. Revised special T rrns—and_ nditiorLs For Contracts and RFPs AW010.doc 27 b. All hazadous materials ► ill he containerized to prevent spillage. A TCEQ certified hazardous materials handling vendor will he contracted to transport and recycle and or dispose of the collected items. C. . Al waste disposal must he certified her the contractor to The City of Fort Worth. Certification documentation may include hills of lading,weight tickets,or other approved documentation. erti cation must include quantities and final salvage or disposal locations. Revised Special Term and— onditioans_For Contracts and RFPs Aug DI .d Attachment A Companies licensed to collect waste within the City of Fort Worth DUNCAN DISPOSAL REPUBLIC SERVICES. 1212 HARRISON E 6100 ELLIOTT I EEL ER RD ARLINGTON,TX 76011 FORT WORTH,TX 76117 BRENDA HOA G CHAN DL R,PETERSON 817-317-2066 817-332-7301 Ho .G-REPSRV.DOM chandle uetcrson(Qmubli s rvlce ,com JESI 4001 OLD DENTON ROAD HALTOM CITY,TX 76117 LARRY ANDREWS 817-547-9013 LANDREWS(&-IESI.COM BLUEBONNET WASTE 1666 SINGLETON BLVD DALLAS, TX 76212 DELIA SEWELL 214-748-5221 BLUEBONNETWASTE L.COM, EMPIRE DISPOSAL 5361 SUN VALLEY DR FORT 1 ORTH,TX 76119 MONA DARTER 817-478-1288 M I (5-E fPIREDI PO AL.DOM SERVICE WASTE 3236 CHAMBERS ST VENUS, TIC 76084 ROBERT D NLAP 817-924-2717 ROBE TDOSERVI EIS ASTE. WASTE MANAGEMENT T 1600" u RAILROAD LEI I VILLE,TX 75067 GREG ROSS 972-315-5466 GROSS1 O M. oM AREA WASTE SOLUTIONS P.O. Box 1145 BURLESON, TIC 76097 ,JASON L BAGLEY 817-295-5900 JASONOAREAWASTE.COM Rcvis d pe ial Tenms.aud.Conditions For Contracts and RFPs Aug 010.doc March 201 Attachment 13 Permitted Disposal Facilities within 40 miles of Fort Worth Source: h : v vw.n tco ,or nvir S EL,T di osal f eilities land ill .a '?Status=Active site Nam, - Operator - F Stacy 121 Regional Disposal Facility forth Texas Municipal Water District Active Arlington Landfill City of Arlingto ll epu lic Waste Active Camelot landfill(Farmers Branch) Republic/lic/Farmers Branch Active Charles M.Hinton Jr.,Regional Landfill! City of Garland Active C.orsicana Regional Landfill City of Corsicana Active Denton Landfill City of Denton Active DFW RecycUng and Disposal Facility Waste Management of Texas Active E D Landfill,Inc. l epublic Allied Active Fort Worth Southeast Landfill CRy of Ft.Worth/Allied Active Grand Prairie Sanitary Landfill City of Grand Prairie Active IESI Fort Worth C&D Landfill IESI TIC Landfill,LP Active IESI Weatherford Landfill IESI Corp. Active Irving Hunter-Ferrell Landfill City of Irving Active Itasca Landfill Republic Aire Lewisville Landfill Republic/Allied Active Maloy Landfill Republic Ache lcDom as Bluff Landfill City of Dallas Active Republic CSC Disposal&Landfill Republic Waste Industries Active Skyline Landfil and Recycling Facility Waste Management of Texas Active Stephenville Landfill City of Stephenville Active Turkey Creek Landfill IESI Corp, Active 3 City of Fort Worth, Texas Mayor and ounce 1 Com un'icat"io COUNCIL ACTION Approved on Btl712010 DATE: Tuesday, August 17, 2010 REFERENCE ENCE N .: C-24406 LOG NAME: 60ENERGY SAVINGS AT VCW TP sU JECT: Authorize Amendment No. 6 to City Secretary Contract No. 29110 with Johnson Controls, Inc., in the Amount of$1,81 5,526.00 to Implement Phase 111-a of the City's Energy Savings Performance Contract at Village Creek Wastewater Treatment Plant (ALL COUNCIL DISTRICTS) ...v._,,.ya•.ri....._..-,.,....._...,fay.y...._...w.y.,...__.»,-:.Y......._.-.. ........,...oUr,...__,-w......._.,—:..,.t....._...-,:..,.. .-.�.-,:r ,.....-....u ...-:... ....,-.._,-:,. .._...,-..t .._..... _ ________________...,...,,-.....Urt ,-:..-_r ... ,-Yr „_.L,-Wr .. RECOMMENDATION: It is recommended that the City Council authorize the City manager to execute Amendment No. 6 to City Secretary Contract N o. 29110 with John son Controls, Inc., ire the amount of $1,815,526.00 to Implement Energy Savings Performance Contract, Phase 111-a at Village Creek Wastewater Treatment Plant. .... ,.Y.ri.�..,..., .... .�....v. ... .4��.Y_M�._.,�._: .... .,w... ,,..riw.�. ....�.�- r..�..mry,. .Y..ry...Y....�......._.,...�w..4_.,......ri...rw..A.....�.#,�....�,....,�. . On September 2, 2003, (M&C C-19739) City Council authorized the City's first Energy Savings Performance Contract ESPC with Johnson Controls, Inc. ,.1C1 , ESPC Phase 1. Subsequently, EBPC Phases 11, 111, IV and V(Section 1)were approved respectively through Amendment Nos. 1, 2, 3 and 4, Phase V, Section 2 is being recommended to the Mayor& Council under a separate contract to be considered Amendment No. . On September 23, 2008, (M&C C-23046} City Council authorized a contract with JC1 to conduct ar detailed energy study of the Tillage Creek Wastewater Treatment Plant WWTP as Phase V of the successful ESPD Project. The resulting study, the Utility Assessment Report A , dated November 2009, has been reviewed and approved by City staff. Kinsman and Associates Engineering Consultants were retained by the City as an independent third-party reviewer MC -23788). They have reviewed the report and verified that the project costs, guaranteed savings and measurement rid verification methods are appropriate. On May 26, 2009, M C-23554) City Council authorized application for and acceptance of a $6,738,300.00 grant from the United States Department of Energy(DOE) through the Energy Efficiency and Conservation Block Grant Formula Program EECBG . Adoption of Appropriation Ordinance No-18634-05-2009 was also authorized, increasing estimated receipts and appropriations in the City's Grants Fund by $6,738,300.00. Effective September 25, 2009 (CSC No. 9 11), the resulting grant award Assistance Agreement authorizes implementation of specific activities in accordance with the application's Energy Efficiency & Conservation Strategy EEC&S . On February 2, 20107 (IFS No. 9185) City Council was informed of City staffs intent to forward an MSC seeping authorization to execute an agreement to implement the EBPD Phase VI-a project at the Village e Creek WWTP as part of the City's overall Resource ource Conservation Program. Federally approved EECB Activity No.6 involves funding implementation of Water Utility Improvement Initiatives than include improvements to existing lighting, air-conditioning and electrical systems at the Village Creek WWTP. The total JC1 contract amount for Phase 111-a is $1,815,526.00 and includes 141,953.00 for Final Engineering, Construction Management, Performance and Payment Bonds and Measurement Verification (M&V)Services. After impler entabon of the improvements, the first-year electricity savings http://apps.cfwnet.org/ecounelI/printme.asp?id==1 t &print—true& 7`ype=print 8/241201 Page are estimated to be $205,939.00 for a simple payback of 8.8 years. This is shorter than the 1 -year rnirrrurn desirable payback for these projects. This grant-funded project requires no matching funds or cost sharing of any kind. As part of the recommended contract, in accordance with Teas Local Government Code, Chapter 302, JCI will guarantee projected savings to the city and will perform on-going M&V 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. This planned approach of utilizing the City's existing ESPC to implement the recommended project has been submitted to and approved by the DOE. ,Johnsen Controls, Inc., is in compliance with the city's MNVBE Ordinance by committing to 10 percent fWBE participation on this project. The City's II WBE goal is 10 percent. The pillage Creek wastewater Treatment Plant is located in CITE' COUNCIL DISTRICT 5 and serves ALL COUNCIL DISTF ICTS. ..'. ..............=.Y.-- _ Y..................... -.----------- FISCAL INFORMATION 1 CERTIFICATION: The Financial Management Services Director certifies that funds will be available in the current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: To Fund/Account/Centers FROM Fund/Account/Centers GR76 531200 070484371670 $13815 . .................... CERTIFICATIONS: Submitted for city Manpoei's offic Fernando Costa 122 ri Inalin Pepartrnent Head: S. Frank Crumb (8207) Additional Information contact: adelne Rafalko (8215) --.--.---------.--....._. ...,., ...__M... ATTACHMENTS 1. 60Enemy Savings at VCW TP FAR. df CFw Internal) 2. 60ENERGY SAVINGS AT VCW TP MWK df F II Internal) 3, 60Enem "S vin s tVCW TP M P_ df (Public) 4. Available Funds 60ENERGY SAVINGS AT VCWWTP.doc CFw Internal) tt :Happ s.cf net.org/ecouncil/printme- p` id=13 l &print=true& ocT pc=Print 8/24/2010