HomeMy WebLinkAboutContract 29110-A7STATE OF TEXAS
COUNTY OF TARRANT §
AMENDMENT NO.7
CITY SECRETARY CONTRACT NO. 0�1 � I (� '
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 the City Council by M&C C-
19739 on the 2nd day of September, 2003; and
WHEREAS, the Contract involves energy savings performance evaluation and
services for the following:
Phase Vi-b for various City Facilities,
WHEREAS, it has become necessary to execute Amendment No. 7 to said Contract
to include Phase VI-b City facilities for an increased scope of work, revised maximum fee,
and revised MNVBE and DBE participation;
NOW THEREFORE, City and JCI, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends the
Contract:
1.
Section 1 of the Contract is amended to include the additional Phase VI-b services
authorized by City Council on January 25, 2011, M&C C-24718 and specified in Schedules
1.7 thru 4.7, inclusive, attached hereto and incorporated herein by this reference.
Additionally, all references to Schedules 1, 2, 3, and 4 shall be amended for Phase VI-b to
be and read 1.7, 2.7, 3.7, and 4.7 respectively. The cost to City for the Phase VI-b
services to be performed by JC1 total $3,085,591.00
2.
Section 2 "Scope of the Agreement" of the Contract is amended to include the
Exhibit A attached to this contract amendment providing for additional Federal
requirements for use of Energy Efficiency Community Development Block Grant funds,
which are utilized on this project.
3.
Section 2 "Term" of the Contract is amended to include a substantial completion
date for this Amendment 7 Phase VI-b to be and read:
JCI ESPC AMENDMENT NO. 7
PHASE VI-b SERVICES
1/31/2011
Page 1 of 3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth — Phase Vib Performance Contract
RESPONSIBILITIES OF JCI AND THE CITY
Schedule 2.7
Exhibit 8
This Exhibit details the individual responsibilities of JCI 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.
I . Provide annual savings reports
based on savings methodology
described in this Performance
Contract.
2. Regular monitoring of
improvement measures to
maintain peak operating
efficiency.
3. Report any operational or retrofit
opportunities that would further
increase the efficiency of the
facilities.
4. Meet all contractual obligations.
City of Fort Worth
I . Provide to JCI reports of any significant changes in facility
renovations, schedules, operating hours, process changes,
conditioned area, personnel levels, lab analysis methods or
any other item which may have an impact on utility
consumption and other operating costs.
2. Provide access to designated Johnson Controls employees for
the purpose of verifying, adjusting and or maintaining the
improvement measures employed at the various facilities.
3. Notify Johnson Controls, Inc. within 48 hours of the failure of
any equipment, controls or strategies that might impact
avoided costs.
4. Continue manufacturer recommended preventive maintenance
on all new mechanical and electrical equipment associated
with this Performance Contract.
5. Continue manufacturer recommended preventative
maintenance on existing equipment.
Johnson WAv
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City of Fort Worth — Phase Vib Performance Contract Schedule 3.7
SERVICES SCHEDULE
1. SCOPE OF SERVICE. JCI and the City agree that the services checked below will be provided by
JCI at the City's facilities.
O Primary Air Conditioning Equipment (PRIME)
O Primary Air Conditioning Equipment (Basic)
O Fire Detection and Management Systems (Premium)
O Fire Detection and Management Systems (Basic)
D Facility Operations
O Reciprocating Air Conditioning Equipment (Premium)
D Reciprocating Air Conditioning Equipment (Basic)
O Associated Air Conditioning and Heating Covered Equipment (Premium)
O Associated Air Conditioning and Heating Covered Equipment (Basic)
O Maintenance Management Services
O Primary Heating Covered Equipment (Premium)
O Primary Heating Covered Equipment (Basic)
D Automatic Temperature Controls (Premium)
D Automatic Temperature Controls (Basic)
D Training
O Facility Management Systems (Premium)
D Facility Management Systems (Basic)
O Security Management Systems (Premium)
O Security Management Systems (Basic)
Cll Assured Performance Guarantee
O Energy System Management Services
o Metasys Training
2. EXTENDED SERVICE OPTIONS FOR PREMIUM AND PRIME COVERAGES. On -site repair
services will be provided during JCI's normal business hours, unless one of the following options is
checked:
O 24-5 Extended Service--JCI will provide on -site response 24 hours a day, 5 days a week
(Monday thru Friday, except JCI holidays)
O 24-7 Extended Service--JCI will provide on -site response 24 hours a day, 7 days a week
(including holidays)
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City of Fort Worth — Phase Vib Performance Contract Schedule 3.7
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.
EQUIPMENT FAILURE 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.
SCHEDULED SERVICE VISITS include labor required to perform inspections and
preventive maintenance on Covered Equipment.
SCHEDULED SERVICE MATERIALS include materials required to perform Scheduled
Service Visits on Covered Equipment.
REPAIR LABOR includes labor necessary to restore Covered Equipment to working
condition following an equipment failure and excludes total equipment replacement due to
obsolescence or unavailability of parts.
REPAIR MATERIALS include materials necessary to restore Covered Equipment to
working condition following an equipment failure and excludes total equipment replacement
due to obsolescence or unavailability of parts. At JCI's option, Repair Materials may be
new, used, or reconditioned. All Repair Materials are covered by the warranty as described
below.
BASIC COVERAGE includes Scheduled Service Visits, plus Scheduled Service Materials if
otherwise noted in this Services Schedule, for Covered Equipment.
PREMIUM LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus
Repair Material if otherwise noted in this Services Schedule, for Covered Equipment.
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
JCI is not responsible for under this Services Schedule, City agrees to pay JCI'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 JCI'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)
JCI will analyze diagnostic tests including Pre Vue Vibration Analysis and
spectrochemical oil analysis megohm readings. All diagnostic tests must be performed
at JCI-prescribed frequencies and to JCI-specified test standards. Coverage will
include Repair Labor and Repair Material for heat exchanger tubes if an Eddy Current
Analysis, acceptable to JCI, has been performed in the three years prior to this
Services Agreement Schedule and is provided to JCI, or such a test will be performed
as part of this Services Agreement Schedule.
(ii) Should JCI's analysis suggest the existence or the possibility of equipment
deterioration outside anticipated or acceptable conditions, JCI may at its option take
corrective steps necessary to prevent further deterioration or breakdown of the
Covered Equipment. JCI 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.
Johnson '/)���
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City of Fort Worth — Phase Vib Performance Contract Schedule 3.7
0) 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
JCI is not responsible for under this Services Schedule, City agrees to pay JCI'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. JCI warrants that its services will be provided in a good and workmanlike manner and
that parts repaired or replaced by JCI will be free form 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 ON THE EQUIPENT FURNISHED UNDER THIS AGREEMENT,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
5. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES. JCI 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 JCI finds any Covered Equipment not in working
order or in need of repair. With the City's approval, JCI will perform 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 JCI for its repair, this work will be done at JCI's standard fee for
parts and labor in effect at that time. If the City does not want JCI 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 will 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 Covered Equipment according to the manufacturer's 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 water treatment, as necessary, for the proper functioning of
Covered Equipment, if such services are not JCI'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 make changes or alterations to the Covered Equipment. If, in JCI's
opinion, such changes or alterations substantially affect JCI's services or obligations, JCI shall have
the right to make appropriate changes to the scope or to the pace of this Services Schedule or to
both.
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City of Fort Worth --- Phase Vib Performance Contract Schedule 3.7
8. ACCESS. The City will give JCI full access to all equipment that is either Covered Equipment or
associated with it when JCI makes 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. Matters affecting JCI'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
JCI's duties for this reason will not cancel or suspend any of the City's obligations under this Services
Schedule.
9. EXCLUSIONS. JCI'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 of operator -level preventive maintenance, site -related problems, or
operator error;
(c) 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 JCI;
(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;
(fj service calls resulting from attachments made to Covered Equipment or other equipment not
covered by this Services Schedule;
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 what is prevented by JCI's
normal maintenance;
work caused by any operation of, adjustments to, or repair to, Covered Equipment by others
not authorized in advance by JCI;
0) work caused by the negligence of others, including but not limited to equipment operators
and water 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 JCI's control, and
service calls required because JCI had previously been denied access to the Covered
Equipment; and
(I) disposal of hazardous wastes. Hazardous wastes remain the property and the responsibility
of the City even when removed from equipment or replaced by JCI 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 or
uncontaminated refrigerant, and PCBs.
(g)
0)
The following Exhibits are attached and made part of this Schedule:
Exhibit 1 Assured Performance Guarantee
Johnson ')k -
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City of Fort Worth — Phase Vib Performance Contract
Schedule 3.7
Exhibit 1
ASSURED PERFORMANCE GUARANTEE
JCI Assured Performance Guarantee (APG) Services includes the following:
Measurement & Verification (M&V) Services
Construction Period Training
1. Near the end of the construction period, JCI will provide two (2) days of on -site training on the City
requirements for the management and administration of the Assured Performance Guarantee.
Performance Reporting Services
1. Provide annual savings reports for years 1 through 15. Reporting shall include the following:
• Project Benefits calculations for period compared to targets.
• Status of energy and operational savings strategies implemented by JCI.
Performance Assurance Services
1. Monitoring of improvement measures implemented by JCI:
• Review Historical Trending Data reports of selected equipment.
• Site visits to review improvement measures and consultation with City personnel.
• On -site measurements as required by the M&V methodology.
• Review of status and operation of energy and operational savings measures implemented by JCI.
Implement corrective actions as needed.
• Report any operational or retrofit opportunities that would increase energy savings.
2. Training
• City consultation.
• Telephone support as required.
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City of Fort Worth -- Phase Vib Performance Contract Schedule 4.7
TERM AND PAYMENT SCHEDULE
1. PRICE AND PAYMENT TERM. The City shall make payments to JC1 for Work performed as specified in
Schedule 1.7, as well as payments for Services rendered as identified in Schedule 3.7.
(a) Progress Payments
The price to be paid by the City for the Work specified in Schedule 1.7 shall be $3,085, 591.
JC1 will submit a Schedule of Values with each invoice for approval by the City.
JC1 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.
JC1 may submit invoices twice per month. The City will make 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 will make
payments up to a maximum of 85% of the value of the materials and equipment. Such payments shall
be conditioned upon submission by JC1 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.
JC1 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 JC1, free and clear of all liens, claims, security interests or encumbrances hereinafter
referred to as "liens"; and that no Work, materials or equipment covered by an Application for Payment
will have been acquired by JCI, 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 JC1 or such other person.
JC1 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 JC1 within 45 days
after the Substantial Completion Date. Payments may be withheld on account of any breach of this
Agreement by JC1 and claims by third parties (including JCI subcontractors and material suppliers), but
only to the extent that written notice has been provided to JC1 and JC1 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 JC1 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, JC1 shall be liable to the City for damages suffered by City by reason of such
delay. JC1 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 a
reasonable forecast of just compensation for the harm that would be caused by JC1's failure to achieve
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 ($476 per day).
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City of Fort Worth — Phase Vib Performance Contract Schedule 4.7
JCI and the City agree that JCI's liability will be limited to the extent the delay is caused by the action or
in action of JCI, its agents, or subcontractors. JCI and the City also agree that JCI will not be liable
unless it is provided ten (10) uninterrupted days (excluding weekends and holidays) in which to resolve
the delay.
(b) Services
The total price for JCI's Assured Performance Guarantee Services during the Term of this Agreement
is $224,489. This amount will be paid to JCI based upon completed services. The payment amounts
for each year are shown below.
Assured
Performance
Guarantee
Year Services
1 $ 12,070
2 $ 12,432
3 $ 12,805
4 $ 13,189
5 $ 13,585
6 $ 13,992
7 $ 1 4,41 2
8 $ 14,845
9 $ 15,290
10 $ 15,749
11 $ 16,221
12 $ 16,708
13 $ 17,209
14 $ 17,725
15 $ 18,257
Totals $ 224,489
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.
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Exhibit A
Energy Efficiency and Conservation Block
Grant Program
Special Instructions
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM
SPECIAL INSTRUCTIONS
ADDITIONAL REQUIREMENTS
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) — AMERICAN
RECOVERY AND REINVESTMENT ACT (ARRA) PROJECT
All contracts funded in whole or in part by EECBG funds shall comply with the following:
1. Ensure the safety and structural integrity of any repair, replacement, construction, and or alteration
performed.
2. Comply with provisions of the City of Fort Worth EECBG Waste Stream Plan attached hereto.
3. Submit Information in Support of ARRA Reporting by the 4th day of each month, including
financial, job creation/retention and performance progress reports. Submit backup documentation
for expenditures of funds under AI RA including such items as timecards, invoices, and validation
of purchasing American made goods.
4. Submit to City on a weekly basis: (1) Payroll, (2) Statement of Compliance -for each payroll, as
applicable for all laborers and mechanics, for services and activities accomplished by Contractor
in performance of this Contract. Payroll and the Statement of Compliance must be signed by a
duly authorized agent of the Contractor and submitted each Friday of the week following the week
being reported.
5. Upon identification of possible breaches of contract, and prior to exercising its termination rights
under this Contract for breach, City may elect to exercise any of the following administrative
remedies:
a. issuance of warning letter indicating that further failure to comply with applicable
requirements will result in serious sanction and giving Contractor a limited time to
correct the deficiency;
b. placing conditions upon award of future grants;
c. directing Contractor to stop incurring costs until the deficiency is corrected and the
correction is verified;
d. requiring repayment of previously reimbursed grant funds; or
e. reducing the amount of pending grant awards or disallowing future awards to
Contractor.
f. The City's election to exercise any, all, or none of the aforementioned administrative
remedies does not act as a waiver of any of City's other rights or remedies under the
law or this Contract for the enforcement of this Contract or the recovery of any damages
relating to Contractor's actions or inactions relating to the Program, EECBG funds,
and/or this Contract.
Revised Special_Terms and__Conditions jorSontracts and RFPs Aug2010. doc 1
6. Follow mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Action (Pub. L. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR
19639, 19642, Apr. 19, 1995).
7. Comply with 10 CFR 600 which outlines DOE requirements and regulations pertaining to patent
rights with respect to any discovery or invention which arises or is developed in the course of or
under this contract.
8. Comply with 10 CFR 600 which outlines DOE requirements and regulations pertaining to
copyrights and rights in data.
SUBRECIPIENT OR SUBCONTRACTOR FLOWDOWN REQUIREMENTS
Subawardees who receive federal funds under an assistance agreement shall comply with the flow
down requirements for subawardees specified in the "Special Provisions Relating to Work Funded
under American Recovery and Reinvestment Act of 2009" which apply to this award. Additionally, as
required by 10 CFR 600.2(b), 10 CFR 600.236, and 10 CFR 600.237, any new, continuation, or
renewal award and any subsequent subaward shall comply with any applicable Federal statute, Federal
rule, Office of Management and Budget (OMB) Circular and Government --wide guidance in effect as
of the date of such award. These requirements include, but are not limited to the following:
a. DOE Assistance Regulations, 10 CFR Part 600 at http:llecfr.gpoaccess.gov.
b. In addition to 10 CFR 600, Appendix A, Generally Applicable Requirements, the National
Policy Assurances to Be Incorporated as Award Terms in effect on date of award at
http:llmanagement.enerev. govlbusiness doe/1374.htm apply.
c. 2 CFR 215, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB
Circular A-110)."
d. OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments" Common Rules.
e. OMB Circular A-21, "Cost Principles for Educational Institutions," OMB Circular A-87, "Cost
Principles for State , Local, and Indian Tribal Governments," OMB Circular A-122, "Cost
Principles for Non -Profit Organizations," or FAR at 48 CFR Part 31, "Contract Cost Principles
and Procedures," for Profit Organizations, as applicable.
f. OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
g. Subawardee Application/proposal as approved by DOE.
Revised Special _Terms_and_Conditions For Contracts and RFPs Aug2010.doc 2
SUBGRAIsIT FLOWDOWN PROVISIONS FOR EECBG FINANCIAL ASSISTANCE
AWARDS
SPECIAL TERMS AND CONDITIONS
Table of Contents
Number Sub lq Paue
1. RESOLUTION OF CONFLICTING CONDITIONS 4
2. STATEMENT OF FEDERAL STEWARDSHIP 4
3. SITE VISITS 4
4. REPORTING REQUIREMENTS 4
5. PUBLICATIONS 4
6. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 5
7. LOBBYING RESTRICTIONS .... .... 5
8. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS ....5
9. HISTORIC PRESERVATION... 5
10. WASTE STREAM 6
11. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AIVIERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009) . 6
12. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT 9
13. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS .... 9
14. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS —
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
9
15. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS) -- SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 . ...12
16. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
16
17. DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY STANDARD ACT
16
18. PROCUREMENT 25
Revised Special_Terms_and Conditions_For Contracts and RFPs Aug20 i O.doc 3
1. RESOLUTION OF 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 contract and federal statutes, regulations,
or the terms and conditions of the applicable DOE funding award (collectively referred to as
"federal requirements"), then the federal requirements shall prevail.
2. STA t i wIENT OF FEDERAL STEWARDSHIP
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
performance 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 accomplished.
3. SITE VISITS
The City of Fort Worth and the DOE's authorized representatives have the right to make site visits
at reasonable times to review project accomplishments and management control systems and to
provide technical assistance, if required. You must provide, and must require your subawardees to
provide, reasonable access to facilities, office space, resources, and assistance for the safety and
convenience of the government representatives in the performance of their duties. All site visits
and evaluations must be performed in a manner that does not unduly interfere with or delay the
work.
4. REPORTING REQUIREMENTS
a. Requirements. 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
termination of the current award, and withholding of future 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."
S. PUBLICATIONS
An acknowledgment of DOE support and a disclaimer must appear in the publication of any
material, whether copyrighted or not, based on or developed under this project, as follows:
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Acknowledgment: "This material is based upon work supported by the Department of
Energy under Award Number DE-EE0000963."
Disclaimer: "This report was prepared as an account of work sponsored by an agency of
the United States Government. Neither the United States Government nor any agency
thereof, nor any of their employees, makes any warranty, express or implied, or assumes
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
infringe 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 Government or any agency thereof. The views and opinions of authors expressed
herein do not necessarily state or reflect those of the United States Government or any
agency thereof."
6. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits, ensure the safety and structural integrity of any repair,
replacement, construction and/or alteration, and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this award.
7. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award shall
be expended; 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.
8. NATIONAL ENVIRONMENTAL PQLICY ACT (NEPA) REQUIREMENTS
The work to be performed under this contract has been evaluated under National Environmental
Policy Act requirements and has been deemed to be 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. fIISTGRIC PRESERVATION
Contractor shall avoid taking any action that results in an adverse effect to historic properties in
violation of the National Historic Preservation Act (NHPA).
Prior to the expenditure of Project funds to alter any historic structure or site, the Recipient or
subrecipient shall ensure that it is compliant with Section 106 of the National Historic Preservation
Act (NHPA), consistent with DOE's 2009 letter of delegation of authority regarding the NHPA.
Section 106 applies to historic properties that are listed in or eligible for listing in the National
Register of Historic Places. If applicable, the Recipient or subrecipient must contact the State
Historic Preservation Officer (SHPO), and the Tribal Historic Preservation Officer (THPO) to
Revised Special_Terms and_Conditions For Contracts and RFPs Aug2414.doc 5
coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact information is
available at the following link: http://www.ncshpo.orw/find/index.htm. THPO contact information
is available at the following link: http://www.nathpo.orelmap.html . Section 110(k) of the NHPA
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
THPG for the Project.
10. WASTE STREAM
The Recipient assures that it will create or obtain a waste management plan addressing waste
generated by a proposed Project prior to the Project generating waste. This waste management
plan will describe the Recipient's or subrecipient's plan to dispose of any sanitary or hazardous
waste (e.g., construction and demolition debris, old light bulbs, lead ballasts, piping, roofing
material, discarded equipment, debris, and asbestos) generated as a result of the proposed Project.
The Recipient shall ensure that the Project is in compliance with all Federal, state and local
regulations for waste disposal. The Recipient shall make the waste management plan and related
documentation available to DOE on DOE's request (for example, during a post -award audit).
11. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
A. Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any
private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or
swimming pool.
B. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the funds
appropriated or otherwise made available by the American Recovery and Reinvestment Act of
2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under
section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General
is authorized --
(1) to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to, and involve
transactions that relate to, the subcontract, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency
regarding such transactions.
C. Publication
An application may contain technical data and other data, including trade secrets and/or privileged
or confidential information, which the applicant does not want disclosed to the public or used by
the Government for any purpose other than the application. To protect such data, the applicant
should specifically identify each page including each line or paragraph thereof containing the data
to be protected and mark the cover sheet of the application with the following Notice as well as
Revised Special Terms_and_Conditions For Contracts and RFPs Aug2O1O.doc 6
referring to the Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
All information provided 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 least a 14 point font. In
addition, the report or collection of data claimed as proprietary must be prefaced with a cover
stating that such claimed proprietary information is contained in pages identified by the
document's page number. Information provided by the Contractor is subject to the Texas Public
Information Act and may be disclosed as allowed or required by law. Contractor agrees that
determinations of public information shall be at the sole discretion of the City and that
determination of status as public information by the Office of the Attorney 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 right 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 subject to disclosure
under sections 552 and 552a of title 5, United States Code.
D. Protecting State and Local Government 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 funds
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 their
representatives information that the employee believes is evidence of:
- gross management of an agency contract or grant 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 covered funds;
- an abuse of authority related to the implementation or use of covered funds; or
- as violation of law, rule, or regulation related to an agency contract (including the competition
for or negotiation of a contract) or grant, awarded or issued relating to covered funds.
Revised Special Terms and_Conditions For Contracts and RFPs Aug201 o.doc 7
Agency Action: Not later than 30 days after receiving an inspector general report of an 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 following
actions:
- Order the employer to take affirmative action to abate the reprisal.
- Order the employer to reinstate the person to the position that the person held before the
reprisal, together with compensation including back pay, compensatory damages, employment
benefits, and other terms and conditions of employment that would apply to the person in that
position if the reprisal had not been taken.
- Order the employer to pay the employee an amount equal to the aggregate amount of all costs
and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by
the employee for or in connection with, bringing the complaint regarding the reprisal, as
determined by the head of a court of competent jurisdiction.
Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring Arbitration:
Except as provided in a collective bargaining agreement, the rights and remedies provided to
aggrieved employees by this section may not be waived by any agreement, policy, form, or
condition of employment, including any predispute arbitration agreement. No predispute
arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out
of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under
the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the
rights and remedies as required therein. (Refer to section 1553 of the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this
section and prescribed language for the notices.).
E. False Claims Act
Recipient and sub -recipients shall promptly refer to the DOE or other appropriate Inspector
General any credible evidence that a principal, employee, agent, contractor, sub -grantee,
subcontractor or other person has submitted a false claim under the False Claims Act or has
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity or similar misconduct involving those funds.
F. Information in Support of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under the
Recovery Act including such items as timecards and invoices. Recipient shall provide copies of
backup documentation at the request of the Contracting Officer or designee.
G. Additional Funding Distribution and Assurance of Appropriate Use of Funds
Certification by Governor — For funds provided to any State or agency thereof by the American
Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify
that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to
create jobs and promote economic growth.
Revised Speciat Terms_and_Conditions For Contracts and RFPs Aug2O1O.doc 8
Acceptance by State Legislature -- If funds 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 State will
be for distribution to local governments, councils of government, public entities, and public -private
entities within the State either by formula or at the State's discretion.
12. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF
THE RECOVERY ACT
(c) Recipients and their first -tier subrecipients must maintain current registrations in the Central
Contractor Registration (http://www.ccr.gov) at all times during which they have active federal
awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System
(DUNS) Number (ht!p:I/www.dnb. com) is one of the requirements for registration in the Central
Contractor Registration.
13. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS -- SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products
purchased with funds made available under this award should be American -made.
*Special Note: Definitization of the Provisions entitled, "REQUIRED USE OF AMERICAN
IRON, STEEL, AND MANUFACTURED GOODS — SECTION 1605 OF THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009" and "REQUIRED USE OF AMERICAN
IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL
AGREEMENTS) — SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009" will be done upon definition and review of final activities.
14. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS —
SECTION 1605 OF THE 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. As used in this award term and condition—
(1) Manufactured good means 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 Aug2O1O.doc 9
(ii) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories, and
minor outlying islands of the United States; State and local governments; and multi -State, regional,
or interstate entities which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers,
mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, 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) Domestic preference. erence. (1) This award term and condition implements Section 1 605 of the
American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring
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 does not apply to the material listed by the Federal Government as follows:
To Be Determined
(3) The award official may 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 will increase the cost of the overall project by more than 25
percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States
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
with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act . (1)(i) Any
recipient request to use foreign iron, steel, and/or manufactured goods in accordance with
paragraph (b)(3) of this section shall include adequate information for Federal Government
evaluation of the request, including —
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
Revised Special Terms and Conditions_For Contracts and RFPs Aug2O1O.doc 10
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name 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 (bX3) of this section,
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
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 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 determination before the funds were obligated. If the recipient does not submit a
satisfactory explanation, the award official need not make a determination.
(2) If the Federal Government 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 basis for the exception is nonavailability or public interest,
the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds,
and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel,
and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of
the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or
redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery
Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section
1605 of the American Recovery and Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the Recipient shall include the following information and any applicable
supporting data based on the survey of suppliers:
Item 1:
Foreign and Domestic Items Cost Comparison
Description
Foreign steel, iron, or manufactured
Unit of
measure
Cost
Quantity (dollars)*
Revised Special_Tenns and_Conditions For Contracts and RFPs Aug201 Q.doc 11
Item 2:
good
Domestic steel, iron, or manufactured
good
Foreign steel, iron, or manufactured
good
Domestic steel, iron, or manufactured
good
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach
copy of response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
15. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS) -- SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT O' 2009
(a) Definitions. As used in this award term and condition —
Designated counter (1) A World Trade Organization Government Procurement Agreement
country (Aruba, Austria, Belgium, Bulgaria, Canada, 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, Spain, Sweden, Switzerland,
and United Kingdom;
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua,
Oman, Peru, or Singapore); or
(3) A United States -European Communities Exchange of Letters (May 15, 1995) country: Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland,
Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods (1) Is wholly the growth, product, or
manufacture of a designated country; or
(2) In the case 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 different
manufactured good distinct from the materials from which it was transformed.
Revised Special _Terms_andSonditions For Contracts and RFPs Aug2010.doc 12
Domestic iron, steel, and/or manufactured good (1) Is wholly the growth, product, or
manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another
country, has been substantially transformed in the United States into a new and different
manufactured good distinct from the materials from which it was transformed. There is no
requirement with regard to the origin of components or subcomponents in manufactured goods or
products, as long as the manufacture of the goods occurs in the United States.
Foreign iron, steel, andior manufactured good means iron, steel and/or manufactured good that is
not domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been—
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying
islands of the United States; State and local governments; and multi -State, regional, or interstate
entities which have governmental functions). These buildings and works may include, without
limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction,
alteration, maintenance, or repair of such buildings and works.
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and
may include other elements.
(b) Iron, steel, and manufactured goods. (1) The award term and condition described in this section
implements—
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are
produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner
consistent with U.S. obligations under international agreements. The restrictions of section 1605 of
the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The
Buy American requirement in section 1605 shall not be applied where the iron, steel or
manufactured goods used in the project are from a Party to an international agreement that
obligates the recipient to treat the goods and services of that Party the same as domestic goods and
services. This obligation shall only apply to projects with an estimated value of $7,443,000 or
more.
Revised Specia1_Terrns and_Conditions For Contracts and RFPs Aug2414.doc 13
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods
in performing the work funded in whole or part with this award, except as provided in paragraphs
(b)(3) and (b)(4) of this section.
(3) The requirement in paragraph (bX2) of this section does not apply to the iron, steel, and
manufactured goods listed by the Federal Government 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 is unreasonable when the
cumulative cost of such material will increase the overall cost of the project by more than 25
percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States
in sufficient and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy
American Act. (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in
accordance with paragraph (b)(4) of this section shall include adequate information for Federal
Government evaluation of the request, including —
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(I-) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods
cited in accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph (d) of this section.
Revised Special Terms_and_Conditions For Contracts and RFPs Aug2010.doe 14
(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 determination before the funds were obligated. If the recipient does not submit a
satisfactory explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1 605 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 basis for the exception is nonavailability or public interest,
the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds,
and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is the
unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust
the award amount or redistribute budgeted funds, as appropriate, by at least the differential
established in 2 CFR 176.110(0.
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery
Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country
iron, steel, and/or manufactured goods is noncompliant with the applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the applicant shall include the following information and any applicable
supporting data based on the survey of suppliers:
Item 1:
Item 2:
Foreign and Domestic Items Cost Comparison
Description
Foreign steel, iron, or manufactured
good
Domestic steel, iron, or manufactured
good
Foreign steel, iron, or manufactured
good
Domestic steel, iron, or manufactured
good
Unit of
measure
Cost
Quantity (dollars)*
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach
copy of response; if oral, attach summary.
Revised special Terms and_Conditions For Contracts and RFPs Aug2014.doc 15
Include other applicable supporting information.
*Include all delivery costs to the construction site.
16. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by
contractors and subcontractors on projects funded directly by or assisted in whole or in part by and
through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less
than those prevailing on projects of a character similar in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of
Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis -Bacon and related
Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -
Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative
agreements, and loans under the Recovery Act shall ensure that the standard Davis -Bacon contract
clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in
excess of $2,000 for construction, alteration or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of section 1606, contact your awarding
agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries
concerning the application of Davis -Bacon requirements to a particular federally assisted project to
the Federal agency funding the project. The Secretary of Labor retains final coverage authority
under Reorganization Plan Number 14.
17. DAVIS-BACON ACT AND CONTRACT WORT HOURS AND SAFETY STANDARD
ACT
Definitions: For purposes of this provision, "Davis Bacon Act and Contract Work Hours and Safety
Standards Act," the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment agreement
made with Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such
Award must require compliance with the labor standards clauses and wage rate requirements
of the Davis -Bacon Act (DBA) for work performed by all laborers and mechanics employed
by Recipients (other than a unit of State or local government whose own employees perform
the construction) Subrecipients, Contractors, and subcontractors.
(2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses,
Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and
Recipients' or Subrecipients' contractors, subcontractors, and lower -tier subcontractors.
"Contractor" does not mean a unit of State or local government where construction is
performed by its own employees."
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or
any tier subcontractor for construction, alteration, or repair. It may also mean (as applicable)
(i) financial assistance instruments such as grants, cooperative agreements, technology
investment agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued
Revised Special Terms_and_ConditionsFor Contracts and RFPs Aug2010.doc 16
under financial assistance agreements. "Contract" does not mean a financial assistance
instrument with a unit of State or local government where construction is performed by its
own employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf
of DOE and who is responsible for the business management and non -program aspects of the
financial assistance process.
(5) "Recipient" means any entity other than an individual that receives an Award of Federal
funds in the form of a grant, cooperative agreement, or technology investment agreement
directly from the Federal Government and is financially accountable for the use of any DOE
funds or property, and is legally responsible for carrying out the terms and conditions of the
program and Award.
(6) "Subaward" means an award of financial assistance in the form of money, or property in
lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a
Subrecipient to a lower -tier subrecipient. The term includes financial assistance when
provided by any legal agreement, even if the agreement is called a contract, but does not
include the Recipient's procurement of goods and services to carry out the program nor does
it include any form of assistance which is excluded from the definition of "Award" above.
(7) "Subrecipient" means a non -Federal entity that expends Federal funds received from a
Recipient to carry out a Federal program, but does not include an individual that is a
beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under
the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less
often than once a week, and, without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued by the Secretary
of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the Contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred
for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and mechanics shall be paid
the appropriate wage rate and fringe benefits on the wage determination for the
Revised Speciai_Terrns_and_Conditions For Contracts and RFPs Aug2010.doc 17
classification of work actually performed, without regard to skill, except as provided in
§ 5.5(aX4). Laborers or mechanics 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 conformed under paragraph
(a)(I)(ii) of this section) and the Davis -Bacon poster (WH4321) shall be posted at all
times by the Contractor and its subcontractors 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 wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears 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 where appropriate), a report of the action taken 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 Administrator, 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 30-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 views of all interested parties and the recommendation of the
Contracting Officer, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so
advise the Contracting Officer or will notify the Contracting Officer within the 30-
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraphs (a)(1)(ii)(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 Terms and___Conditions___For Contracts and RFPs Aug2O1O.doc 18
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, provided that the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own
action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the Contractor under this Contract or any other Federal
contract with the same prime contractor, or any other federally -assisted contract subject to
Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the Contract. In the event of failure to pay
any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on
the site of the work (or under the United States Housing Act of 1937 or under the Housing Act
of 1949 in the construction or development of the project), all or part of the wages required by
the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to
the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor
during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the
Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in
section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which
show that the commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
Revised SpecialTerms_and_ConditionsFor Contracts and RFPs Aug24l o.doe 19
registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in
the applicable programs.
(ii) (A) 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 is 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 case may be, for transmission to the Department of
Energy. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full
social security numbers and home addresses shall not be included on weekly
transmittals. Instead, the payrolls shall only need to include an individually
identifying number for each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll information may be submitted
in any form desired. Optional Form WH-347 is available for this purpose from the
Wage and Hour Division Web site at
http://www.dol.goviesa/whd/forms/wh347instr.htm or its successor site. The prime
Contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social security
number and current address of each covered worker, and shall provide them upon
request to the Department of Energy if the agency is a party to the Contract, but if
the agency is not such a party, the Contractor will submit them to the Recipient or
Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for
transmission to the Department of Energy, the Contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section
for a prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without weekly
submission to the sponsoring government agency (or the Recipient or Subrecipient
(as applicable), applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the Contract and shall certify the
following:
(1) That the payroll for the payroll period contains the information required to
be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate
information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the Contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth. in Regulations, 29 CFR
part 3;
Revised Special_Terms__and_ConditionsFor Contracts and RFPs Aug201 d.doc 20
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
the Contract.
(C) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission
of the "Statement of Compliance" required by paragraph (a)(3)(il)(B) of this section.
(D) The falsification of any of 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 paragraph
(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 representatives to interview employees during working hours on the job. If
the Contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the Contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of
any further 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. Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of Apprenticeship Training,
Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the Contractor as to the
entire work force under the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually
performed. Where a Contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at
not less than the rate specified in the registered program for the apprentice's level of
Revised Special Terms_and_Conditions Far Contracts and RFPs Aug2O I O.doc 2
progress, expressed as a percentage of the journeymen hourly rate specified in the
applicable wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator
determines that a different 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 permitted to utilize apprentices at less than the
appl icabl a predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the T.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount
of fringe benefits listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not less than
the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training
program, the Contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and
Subrecipient's contractors and subcontractor shall insert in any Contracts the clauses contained
herein in(a)(1) through (10) and such other clauses as the Department of Energy may by
Revised Special_Terms and_Conditions For Contracts and RFPs Aug2414.doc 22
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 termination: 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) Compliance with Davis -Bacon and Related Act requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are
herein incorporated by reference in this Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions
of this Contract shall not be subject to the general disputes clause of this Contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Labor set
forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the Recipient, Subrecipient, the Contractor (or any of its subcontractors), and the
contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the Contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers
and mechanics include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer
or mechanic receives compensation at a rate not less than one and one-half times the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (b)(1) of this section, the Contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
Revised Special Terms and_Conditions_For Contracts and RFPs Aug2O1O.doc 23
mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek 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 an authorized
representative of the Department 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)(2) of this section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and
Subrecipient's contractor or subcontractor shall insert in any Contracts, the clauses set forth in
paragraph (b)(1) through (4) of this section and also a clause requiring 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 number
of hours worked, deductions made, and actual wages paid. The records to be maintained under
this paragraph shall 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
interview employees during working hours on the job.
(c) Recipient Responsibilities for Davis Bacon Act
(1) On behalf of the Department of Energy (DOE), Recipient shall perform the following
functions:
(i) Obtain, maintain, and monitor all Davis Bacon Act (DBA) certified payroll records
submitted by the Subrecipients and Contractors at any tier under this Award;
(ii) Review all DBA certified payroll records for compliance with DBA requirements,
including applicable DOL wage determinations;
(iii) Notify DOE 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 (ii) above;
Revised Special Terms and__Canditians For Contracts and RFPs Aug2010.doc 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 complaints filed regarding
noncompliance by Subrecipients and Contractors with DBA requirements;
(vii) Perform audit services as necessary to ensure compliance by Subrecipients and
Contractors with DBA requirements and as requested by the Contracting Officer; and
(viii) Provide copies of all records upon request by DOE or DOL in a timely manner.
(d) Rates of Wages
The prevailing wage rates determined by the Secretary of Labor can be found at http://www.wdol.govi.
18. PROCUREMENT (10 CFR 600.236, Section (i) "Contract Provisions," numbers 1-13)
(i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in 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 terms, and provide for such 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 subgrantee including the manner by
which it will be effected and the basis for settlement. (All contracts in excess of $10,000)
(3) Compliance with Executive Order 11246 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 (41 CFR chapter 60). (All construction contracts awarded in excess
of $10, 0 00 by grantees and their contractors or subgrantees)
(4) Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or
repair)
(5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department
of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000 awarded by grantees
and subgrantees when required by Federal grant program 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 CFR Part 5). (Construction
Revised Speciai_Terms and_Conditions For Contracts and RFPs Aug2010.doc 25
contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other
contracts which involve the employment of mechanics or laborers)
(7) Notice of awarding agency requirements and regulations pertaining to reporting.
(8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to
any discovery or invention which arises or is developed in the course of or under such contract.
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in data.
(10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the
United States, 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, excerpts, and transcriptions.
(11) Retention of all required records for three years after grantees or subgrantees 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 (33 U.S.C. 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts,
subcontracts, and subgrants of amounts in excess of $100,000).
(13) Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L.
94-163, 89 Stat. 871).
Revised Special_ _Terms and Conditions For Contracts and RFPs Aug2O14.doc 26
CITY OF FORT WORTH EECBG WASTE STREAM PLAN
To the greatest extent possible, materials generated as a result of implementation of Energy Efficiency
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, state, and federal laws and regulations regarding the disposal of waste
including, but is not limited to, old light bulbs, lead 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, HVAC, 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 transported by a company licensed to operate in
the City of Fort Worth (Attachment 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. Based on the classification of the
waste it will be disposed in the following manners:
1. Salvageable
a. Salvageable materials will be determined by available markets at the time of the project.
Materials may include but not be limited to a variety of metals, cardboard, concrete, and
other recyclable materials.
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 taken and the weight salvaged.
c. All materials containing refrigerants will be handled with care to prevent the
involuntary release of hazardous gases. The refrigerants will be recovered whenever
possible in accordance with the Clean Air Act requirements. Once recovered, the
remaining 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 will be taken to segregate building materials from putresible wastes.
1. Inert, uncontaminated building materials will be disposed at a landfill
permitted by the Texas Commission on Environmental Quality (TCEQ).
2. Putresible wastes will be disposed at a landfill permitted by TCEQ
3. Permitted disposal sites within 40 miles of Fort Worth are included as
Attachment b
c. Weight tickets will be used to document final disposal for all non -salvageable wastes.
3. Hazardous
a. Hazardous materials may include but shall not be limited to PCB -containing light
ballasts, Fluorescent tubes, refrigerant, and used oil.
Revised Special Terms_and_Conditions jorSontracts and RFPs Aug2O l O.doc 27
b. All hazardous materials will be containerized to prevent spillage. A TCEQ certified
hazardous materials handling vendor will be contracted to transport and recycle and /or
dispose of the collected items.
c. .
All waste disposal must be certified by the contractor to The City of Fort Worth. Certification
documentation may include bills of lading, weight tickets, or other approved documentation.
Certification must include quantities and final salvage or disposal locations.
Revised Special Terms and_Conditions_ForContracts and RFPs Aug2Ol O.doc 28
Attachment A
Companies licensed to collect waste within the City of Fort Worth
DUNCAN DISPOSAL
1212 HARRISON AVE
ARLINGTON, TX 76011
BRENDA HOANG
817-317-2066
HOANG BPREPSRV.COM
IESI
4001 OLD DENTON ROAD
HALTOM CITY, TX 76117
LARRY ANDREWS
817-547-9013
LANDREWSOIESI.COM
BLUEBONNET WASTE
1600 SINGLETON BLVD
DALLAS, TX 75212
DELIA SEWELL
214-748-5221
BLUEBONNETWASTE AOL.COM
EMPIRE DISPOSAL
5301 SUN VALLEY DR
FORT WORTH,TX 76119
MONA CARTER
817-478-1266
MONAEMPI RED1S POSAL.COM
SERVICE WASTE
3236 CHAMBERS ST
VENUS, TX 76084
ROBERT DUNLAP
817-924-2717
RO B ERTDOSERVI C EWAST E. COM
WASTE MANAGEMENT
1600 "C" RAILROAD
LEWISVI LLE, TX 75067
GREG ROSS
972-315-5400
GROSSI OWM.COM
AREA WASTE SOLUTIONS
P.O. Box 1149
BURLESON, TX 76097
JASON L BAG L EY
817-295-5900
JASO N CcAR EAWAST E. CO M
REPUBLIC SERVICES.
6100 ELLIOTT REEDER RD
PORT WORTH, TX 76117
CHANDLER PETERSON
817-332-7301
chandler. beterson CadreDUb 11cservlces. cam
Revised Special Terms_andSonditions For Contracts and RFPs Aug201 O.doc
29
March 2010
Attachment B
Permitted Disposal Facilities within 40 miles of Fort Worth
Source: httn://www.nctcoa.org/envir/SEELT/disposal/facilities/landfills.asp?Status=Active
Site Name
121 Regional Disposal Facility
Arlington Landfill
1 Camelot Landfill (Farmers Branch)
Charles M. Hinton Jr., Regional Landfill
Corsicana Regional Landfill
Denton Landfill
DFW Recycling and Disposal Facility
ECD Landfill, Inc.
Fort Worth Southeast Landfill
Grand Prairie Sanitary Landfill
IESI Fort Worth C & D Landfill
IESI Weatherford Landfill
living Hunter -Ferrell Landfill
Itasca Landfill
Lewisville Landfill
I Malay Landfill
McCommas Bluff Landfill
Republic CSC Disposal & Landfill
Skyline Landfill and Recycling Facility
Stephenville Landfill
Turkey Creek Landfill
Operator
North Texas Municipal Water District
City of Arlington/Republic Waste
Republic! Farmers Branch
City of Garland
City of Corsicana
City of Denton
Waste Management of Texas
Republic/Allied
City of Ft. Worth/Allied
City of Grand Prairie
IESI TX Landfill, LP
IESI Corp.
City of Irving
Republic
Republic/Allied
Republic
City of Dallas
Republic Waste Industries
Waste Management of Texas
City of Stephenville
IESI Corp.
30
Status
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
IActive
Active
Davis Bacon Act / Minimum wages
las referred to in #17. DAMS -BACON
ACT AND CONTRACT WORK HOURS
AND SAFETY STANDARD ACT,
Paragraph,
17. (a) (1) (i)1
Page 1 of 4
General Decision Number: TX100059 01/07/2011 TX59
Superseded General Decision Number: TX20080059
State: Texas
Construction Type: Building
Counties: Johnson, Parker and Tarrant Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories). Use
current heavy and highway General Wage Determination for Paving
Incidental to Building Construction in Tarrant County and for
Paving and Utilities incidental to Building Construction in
remaining Counties.)
Modification Number Publication Date
0 03/12/2010
1 03/26/2010
2 04/02/2010
3 06/04/2010
4 08/13/2010
5 01/07/2011
BRTX0001--007 05/01/2009
Rates Fringes
BRICKLAYER $ 21.06 6.93
CARP1421-001 04/01/2010
Rates Fringes
MILLWRIGHT $ 23.85 7.25
ELE00020-004 06/01/2010
Rates Fringes
Electricians:
Cable Splicer $ 26.41 4.50+12.5%
Electrician $ 24.25 4.50+12.5%
IRON0263--001 06/01/2009
Rates Fringes
http://www.wdol.gov/wdoUscafiles/davisbacon/TX59.dvb 2/11/2011
Page 2 of 4
IRONWORKER (Structural) $ 21.60 4.40
* SFTX0669-001 01/01/2011
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) $ 25.40 15.85
SCJTx198 9-001 11/01/1989
Rates Fringes
Acoustical Installer $ 11.23
CARPENTER
(Excluding drywall
hangers, acoustical
installers & batt
insulators) $ 12.27 2.22
doing drywall hanging only$ 10.00
CEMENT MASON/CONCRETE FINISHER$ 10.16 .76
DRYWALL FINISHER/TAPER... $ 11.18 2.21
GLAZIER $ 11.37 1.31
LABORER (Including Mason
Tenders & Pipelayers) ... $ 7.46 1.00
Landscape Laborer $ 7.25
Mechanical Insulator.. $ 10.92 1.00
PAINTER (Brush and Spray)
(excluding Drywall Finishing) $ 10.47 2.21
PLASTERER $ 11.50
Plumbers and Pipefitters
(Including HVAC work) $ 13.34 2.15
Power equipment operators:
Backhoes $ 12.30 1.82
Cranes $ 14.26 2.44
Foundation Drill operators$ 8.54
Graders $ 11.69 1.80
http://www.wdol.gov/wdol/scafiles/davisbacon/TX59.dvb 2/11/2011
Page 3 of 4
ROOFER, Including Built Up,
Composition and Single Ply
Roofs $ 9.50 .99
Sheet metal worker (Including
HVAC Duct Work)..... $ 12.63 2.10
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR - 5. 5 (a) (1) (ii)) .
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERIINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
• an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
http://www.wdoLgov/wdol/scafiles/davisbacon/TX59.dvb 2/ 11 /2011
Page 4 of 4
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington,'DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
http://www.wdol.gov/wdol/scafiles/davisbacon/TX59.dvb 2/ 11/2011
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
Fowr %%o RIB
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COUNCIL ACTION: Approved on 1/25/2011
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��zaac;x•:•^�k•.;�;•, �c..� ..��„ �'���•�...,a4 _ •:.:.:��`,.ra��':'�:. �.�'� �'`: ..w.,�,::,s.�,:w.�.'rw.•:.... �.v...�: M mc:;sicyx�,..r`�'`F"�`K:r:xcaitr;�:, ;;K�:,.?�tiix,.a"�r . `ors • .: .,s�"�'x. '`�",�=�:�.':�:�.w� ,...,,..,..: ��;,�,, ;�.�':�:�%' .. .�:�:
DATE: 1/25/2011 REFERENCE NO.: C-24718 LOG NAME: 20ESPC6B
PUBLIC NO
CODE: C TYPE: NON -CONSENT NEARING:
SUBJECT: Authorize Amendment No. 7 to City Secretary Contract No. 29110 with Johnson Controls,
Inc., in the Amount of $3,085,591.00, Plus $125,000.00 in Contingency Funds, to
Implement Phase VI-b of the City's Energy Savings Performance Contract at Selected City -
Owned Facilities (ALL COUNCIL DISTRICTS)
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a"�`��::�"�....�..«.............�:�..�:::a��aa�a�.,�"�'�.'�,x�'aaraa�"" ,.�..:�acss�...xw,...�,. �.a:aF .,�2:a.�.e:�o°"ar'z'�•�'f' .. •:.se�:,,::;:a..:..�.w.... u.. � ' ad;�:w • ^•^' ..�.::�z.xas�., ��:.,:,
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Amendment No. 7 to
City Secretary Contract No. 29110 with Johnson Controls, Inc., in the amount of $3,085,591.00, plus
$125,000.00 in contingency funds, to implement Energy Savings Performance Contract, Phase VI-b
at selected City -owned facilities.
DISCUSSION:
On September 2, 2003, (M&C C-19739) the City Council authorized the City's first Energy Savings
Performance Contract (ESPC) with Johnson Controls, Inc., (JCI), ESPC Phase I. Subsequently,
ESPC Phases II, Ill, IV,-V (Sections 1 and 2) and VI -a were approved, respectively, through
Amendment Nos. 1 through 6.
On May 26, 2009, (M&C C-23554) the City Council authorized application for and acceptance of a
$6,738,300.00 grant from the United States Department of Energy (DOE) through their Energy
Efficiency and Conservation Block Grant (EECBG) Formula Program. 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 28, 2009, (CSC No.39311) the
resulting grant award Assistance Agreement authorizes implementation of specific activities in
accordance with the application's Energy Efficiency and Conservation Strategy (EE&CS).
On May 18, 2010, (M&C C-24229) the City Council authorized a contract with JCI to conduct a
detailed energy study of DOE -approved EECBG activities in development of Phase Vi-b of the City's
successful ESPC. The resulting study, the Utility Assessment Report (UAR), dated November 19,
2010, has been reviewed and approved by City staff. Kinsman and Associates Engineering
Consultants were retained by the City as an independent third -party reviewer of the UAR and contract
amendment. They have reviewed the report and verified that the project costs, guaranteed savings,
and measurement and verification (M&V) methods are appropriate.
On January 4, 2011, (IR No. 9346) the City Council was informed of City staffs intent to forward an
M&C seeking authorization to execute an agreement to implement the ESPC Phase VI-b project at
selected City -owned facilities as part of the City's overall Resource Conservation Program. Following
are the Federally -approved EECBG-funded Activities to be performed by JCI as part of their project
scope of work, along with their associated contract amounts:
Activity No.lb: Planning and Strategy Initiative to benchmarking of ESPC project facilities through
an Environmental Protection Agency (EPA) Program at a cost of $29,569.00;
Activity No. 2: Facility Energy Efficient Operations Improvement Initiative to expand the existing
on -site City ESPC Building Efficiency Specialist at a cost of $109,681.00;
Activity No. 4b: Lighting Improvement Initiatives to implement energy efficient/solar lighting pilots
at 25 City parking lots, one parking garage, and an energy efficient lighting pilot at one City
parking lot, at a cost of $872,393.00;
Page 1 of 3
Activity No. 5: High -Performance Building Initiative to implement the Greening of both the Fort
Worth Convention Center and the downtown Central Library at a cost of $1,137,656.00;
Activity No. 9: Renewable Energy Initiatives to implement solar water -heating pilots at three City
community centers and solar photo -voltaic (PV) power pilots at two City library and at six parks
facilities, at a cost of $936,292.00.
The total JCI contract amount for Phase VI-b is $3,085,591.00 and includes $183,651.00 for Final
Engineering, Construction Management, Performance and Payment Bonds, and M&V Services. After
implementation of the improvements, the first -year electricity and water savings are contractually
guaranteed to be at least $173,793.00 for a simple payback equating to 17.8 years. This is within the
20-year limit specified by Texas Local Government Code, Chapter 302.
This ESPC Amendment is contingent upon approval of the Appropriation Ordinance related to
Special Trust Fund (FE72), that is included as M&C G-17179 on today's agenda. Absent the
availability of these funds from FE72, this project will not be financially viable.
The overall project budget is expected to be:
Construction $ 3,085,591.00
Construction Inspectors $ 82,000.00
Third Party Review $ 22,000.00
Contingency $ 125.000.00
Total $ 3,31 5,091.00
As part of the recommended contract, in accordance with applicable Texas state law, JCI will
guarantee projected savings to the City and will perform on -going M&V services under an annually -
renewable Assured Performance Guarantee service agreement. The Year One cost is $12,070.00;
costs for the term of the agreement total $224,489.00.
Johnson Controls, Inc., is in compliance with the City' s DBE Program by committing to 15 percent
DBE participation on this project. The City's DBE goal on this project is 14 percent.
The selected City -owned project facilities are located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budgets, as appropriated, of the Grants Fund, Culture and Tourism Fund, and Special Trust Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GR76 531200 020484371170
GR76 531200 020484371270
GR76 531200 020484371470
GR76 531200 020484371970
$29, 569.00
$109, 681.00
$872, 393.00
$735,042.00
GR76 531200 020484371570 $1, 023, 358.00
FE72 531200 020543008000
FE72 511080 020543008000
GG04 539120 0246000
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head:
$348, 750.00
$82.000.00
$114298.00
Page 2 of 3
William Verkest (7801)
Additional Information Contact:
sr -
ATTACHMENTS
2OESPC 6B Facility List.doc
James Masters (8076)
Glenn Balog (2028)
Page 3 of 3
Facility Listing
Facility Building Lighting High Renewable
Benchmarking Efficiency Improvement Performance Energy
Specialist Initiatives Building Initiatives
Initiatives
City Dept Facility Name Activity lb Activity 2 Activity 4b Activity 5 Activity 9
TPW Municipal Parking Garage x x x
Police NW.FGB, N.Division HQ x x
Police NW.FGB, W.Division HQ, NPD.11 x x
Police SE.FGB, S.Division HQ, NPD.09 x x
Police SE.FGB, E.Division HQ, NPD.05 x x
Police Police Administration x x
Fire Support Svcs. -Fire Alarm x x
Fire Battalion No.1, Fire Station No.04 x x
Fire Battalion No.1, Fire Station No.10 x x
Fire Battalion No.1, Fire Station No.17 x x
Fire Battalion No.1, Fire Station No.21 x x
Fire Battalion No.1, Fire Station No.28 x x
Fire Battalion No.1, Fire Station No.29 x x
Fire Battalion No.2, Fire Station No.01 x x
Fire Battalion No.2, Fire Station No.02 x x
Fire Battalion No.2, Fire Station No.08 x x
Fire Battalion No.2, Fire Station No.14 x x
Fire Battalion No.3, Fire Station No.06 x x
Fire Battalion No.3, Fire Station No.11 x x
Fire Battalion No.3, Fire Station No.12 x x
Fire Battalion No.3, Fire Station No.13 x x
Fire Battalion No.3, Fire Station No.15 x x
Fire Battalion No.3, Fire Station No.18 x x
Fire Battalion No.3, Fire Station No.19 x x
Fire Battalion No.3, Fire Station No.40 x x
Fire Battalion No.4, Fire Station No.03 x x
Fire Battalion No.4, Fire Station No.07 x x
Fire Battalion No.4, Fire Station No.20 x x
Fire Battalion No.4, Fire Station No.22 x x
Fire Battalion No.4, Fire Station No.24 x x
Fire Battalion No.4, Fire Station No.33 x x
Fire Battalion No.5, Fire Station No.16 x x
Fire Battalion No.5, Fire Station No.23 x x
Fire Battalion No.5, Fire Station No.26 x x
Fire Battalion No.5, Fire Station No.30 x x
Fire Battalion No.5, Fire Station No.32 x x
Fire Battalion No.5, Fire Station No.36 x x
Fire Battalion No.5, Fire Station No.39 x x
Fire Battalion No.6, Fire Station No.09 x x
Fire Battalion No.6, Fire Station No.25 x x
Fire Battalion No.6, Fire Station No.31 x x
Fire Battalion No.6, Fire Station No.35 x x
Fire Battalion No.6, Fire Station No.37 x x
Fire Battalion No.6, Fire Station No.44 x x
Fire Support Svcs. -Vehicle Maint. x x
Fire Support Svcs. -Supply x x
Code Animal Care & Control Center x x
PaCS Comm.Svcs., Southside CC x x x x
PaCS Comm.Svcs., "Doc" Sessions Ctr. x x x x
PaCS Comm.Svcs., Fellowship Corner x x
PaCS Comm.Svcs., Northside CC x x x
PaCS Comm.Svcs., Como CC x x x
PaCS Comm.Svcs., North Tri-Ethnic CC x x x x
PaCS Comm.Svcs., Worth Heights CC x x x
PaCS Comm.Svcs., Martin Luther King CC x x x
Facility Listing
City Dept
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
PaCS
Library
Library
Library
Library
Library
Library
Library
Library
Library
Library
Library
Code
Info. System &
Services
TPW
TPW
TPW
TPW
Public
Events
Public
Events
Public
Library
PaCS
Facility Name
SW Region, West District Park
Operations
SW Region, Fire Station CC
SW Region, R.D.Evans CC
SW Region, Thomas Place CC
SW Region, Highland Hills CC
SW Region, Greenbriar CC
SW Region, Southwest CC
SW Region, Central District
Operations
SW Region, Botanic Garden Center
SW Region, Rock Springs Ctr. for
Education
NE Region, North District Park
Operations
NE Region, Bertha Collins CC
NE Region, Diamond Hill CC
NE Region, Riverside CC
NE Region, East District Park
Operations
NE Region, Eugene McCray CC
NE Region, Handley-Meadowbrook
CC
NE Region, Hillside CC
NE Region, Sycamore CC
NE Region, Charles Haws Athletics
Center
P&RM, Rolling Hills Service Center
Branch Library, Wedgwood
Branch Library, Meadowbrook
Branch Library, Riverside
Branch Library, Northside
Branch Library, Seminary South
Branch Library, East Berry
Branch Library, Ridglea
Branch Library, Diamond Hill/Jarvis
Branch Library, Summerglen
Regional Library, Southwest
Regional Library, East
Code Enforcement Administration
Communications -Bldg__ . C
City Hall
Public Safety
Municipal Annex
Meacham Terminal
Will Rogers Memorial Center
Ft. Worth Convention Center
Central Library
Facility
Benchmarking
Activity lb
Building Lighting High Renewable
Efficiency Improvement Performance Energy
Specialist Initiatives Building Initiatives
Initiatives
Activity 2 Activity 4b Activity 5 Activity 9
x x
x x
x x
x x
x x
x x
x x
x x
x x
x x
x x
x
x
x
x
x
Fort Worth Nature Center x
The Substantial Completion date for all Phase VI--b scope of work projects
identified in Schedule 1.7 will be September 28, 2012.
4.
Section 19 of the Contract is amended to add an additional paragraph for Phase
VI-b DBE participation to be and read:
PHASE VI-b DISADVANTEGED BUSINESS ENTERPRISE (DBE)
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. JCI acknowledges the DBE goal established for this Amendment
7 to this Contract for Phase VI-b and its commitment to meet that goal. JCI
will comply with the City's DBE Ordinance by committing to a 15% DBE from
the total award for construction and supplies. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by
JCI may result in the termination of this Contract and debarment from
participating in City contracts for a period of time of not less than three (3)
years.
5.
All other provisions of the Contract, which are not expressly amended herein, shall
remain in full force and effect.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
JCI ESPC AMENDMENT NO. 7
PHASE VI-b SERVICES
1 /31 /2011
Page 2 of 3
ff 4
~yam -
EXECUTED on this the 5 day of
Worth, Tarrant County, Texas.
ATTEST:
Marty Hendri
City Secretary
APPROVED AS TO FORM
AND LEGA TY:
Douglas W. Black
Assistant City Attorney
contract Authorization
Dato
JCI ESPC AMENDMENT NO. 7
PHASE VI-b SERVICES
1/31/2011
Page 3 of 3
,2011,inFort
CITY OF FORT WORTH
-m1114 By: 17A0‘46.1‘i
Q00000QQo,� �� Fernando Costa
''�' ° Assistant City Manager
o
---
4 APPROVAL RECOMMENDED:
illiam A. Verkes , ,Dir for
Transportation and Public Works
JOHNSON CONTROLS, INC.
By: /U///,'
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth — Phase Vila Performance Contract
SCHEDULES 1.7-4.7 SIGNATURE PAGE
JCI AND CUSTOMER WARRANT AND ACKNOWLEDGE THAT EACH HAS READ AND REVIEWED THE
CONTENTS OF SCHEDULES 1.7 THROUGH 4.7, PAGES 2 THROUGH 64.
IN LIEU OF INITIALIZING PAGES 2 THROUGH 64, JCI AND CUSTOMER EXECUTE THIS SIGNATURE PAGE.
Johnson Controls, Inc.
/7t/ic
Signature:
Printed Name: Daniel Hamil
Title:
Date:
Regional Solutions Operations Manager
02/08/2011
City of Fort Worth City of Fort Worth
r
Signature: _- i - Signature:
Printed Name: Fernando Costa Printed Name: William Verkest
Title: Assistant City Manager Title:
Date: ZAd,4 Date:
City of Fort Worth
Director, Transportation &
Public Works
City of Fort Worth
Signature: Signature:
Printed Name: , ,�� Printed Name:
Title: Assistant City Attorney Title:
4z''''"z1W.T:1•111
-170*0 t"ialt
iii4 0'3 %CI 0
Date: Date: gPIAo %
P06.0 2 fl..4 0
#2'00
40----°00.
o°. 47, qa ' y
i OFFICIAL RECORITDaallwz.v0-
Controls Confidential and Proprietary CITY SECRETARY 1
FT. WORTHS TX
Johnson ArtaA
Marty Hendrix
City Secretary
City of Fort Worth -- Phase Vib Performance Contract Schedule 1.7
SCOPE OF WORK SCHEDULE
JCI will provide the City with the scope of work (Work) identified on this Schedule. JCI 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. JCI 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 codes.
General Work includes the following:
• Final engineering work for each Activity. Once final engineering work is completed, some minor
modifications to Work may be required. No modifications will be made to Work without prior
acceptance by the City.
• Three (3) copies of construction drawings, equipment submittals, performance specifications and
sequences of operation for each Activity will be provided for City's review and acceptance at the
completion of the final engineering design phase.
• Three (3) copies of O&M manuals and as -built construction drawings for each Activity will be
submitted to City at completion of construction phase.
• One (1) copy of electronic CAD as -built construction files for each Activity 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 other
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 new.
• Necessary protection will be provided to avoid damage to adjacent services in the surrounding work
areas.
• Work will be performed in accordance with all applicable codes and standards.
General Exclusions:
• HAZARDOUS MATERIALS. Unless specifically noted in this Schedule, JCI'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, in or on the premises.
• Any structural modifications to existing equipment and infrastructure that is required due to previously
unknown 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.
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 covers shall be
installed at new indoor pipe fittings and aluminum fitting covers at new outdoor pipe fittings.
• All new chilled water pipe insulation shall be "closed cell" insulation.
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City of Fort Worth — Phase Vib Performance Contract Schedule 1.7
• Provide and install piping identification with flow 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 larger than 2" and screw piping with malleable fittings
where piping is 2" or smaller.
• All new high pressure steam piping shall be schedule 80 (class 300).
• All new high pressure steam welds are to be performed by certified welders.
• All new domestic water piping for solar heating systems will be copper with EDPM insulation.
• 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 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 electrical conduit and equipment.
• Provide flexible conduit with PVC jacket & ground wiring at all new motion equipment.
• All work is to be performed by licensed electricians or apprentices.
Johnson Wart,
Controls
Confidential and Proprietary 3
City of Fort Worth — Phase Vlb Performance Contract Schedule 1.7
SUMMARY OF WORK:
The following Activities will be included in this Agreement:
Activity # Activity Description
I b Facility Benchmarking
2 Building Efficiency Specialist
4b Energy Efficient Parking Lot Lighting
5 Greening of Fort Worth Convention Center and Central Library
o Water Fixture Upgrades
o Lighting Retrofits
O Occupancy Sensors at Fort Worth Convention Center
O Occupancy Sensors at Fort Worth Central Library
o Commissioning — Convention Center and Library
o Daylight Sensor Repair in Fort Worth Convention Center Parking Garage
9 Solar Renewable Energy
Johnson �1r
I
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Confidential and Proprietary 4
City of Fort Worth -- Phase Vib Performance Contract Schedule 1.7
ACTIVITY #: lb
ACTIVITY NAME: Facility Benchmarking
ACTIVITY DESCRIPTION:
Implementation of this Activity will include benchmarking of all facilities included in Phases I through IV in
the US Environmental Protection Agency's (EPA) Energy Star Portfolio Manager Program.
GOALS:
• Improve the visibility of the City's energy conservation efforts
• Maintain a data base for documented conformance with Texas Senate Bill 12
ASSUMPTIONS:
JCI will complete all the Energy Star application requirements; however, JCI does not guarantee that the
City will receive the Energy Star labels.
FINAL ENGINEERING:
Not applicable
SCOPE OF WORK:
General Scope
• Benchmarking to include all Phase I - Phase IV facilities from January 2002 to present.
• All data is to be provided to Johnson Controls by the City in a timely manner.
• Johnson Controls will provide full access to the Energy Star database created for the City of Fort
Worth upon completion of this service.
• Johnson Controls will provide engineering services required for one year of certification
documentation of in -scope buildings which are eligible for Energy Star Certification.
DEMOLITION:
Not applicable
EXCLUSIONS:
• Any benchmarking for which well organized utility bills are not available from the City.
• Engineering certification for buildings that become eligible for Energy Star after September 30, 2012
COMMISSIONING:
Not applicable
TRAINING:
Not applicable
WARRANTIES:
Not applicable
Johnson OyA
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Controls
Confidential and Proprietary 5
City of Fort Worth — Phase Vlb Performance Contract Schedule 1.7
ACTIVITY #: 2
ACTIVITY NAME: Building Efficiency Specialist
ACTIVITY DESCRIPTION:
Presently, the BES serves part time to maintain specific measurement and verification functions at the
Phase I through Phase IV facilities. This Activity would serve to increase the BES time to a full time
position. As part of this Agreement, BES on -site services will be increased an average of 8 hours / week
during Budget Period 2 (1/1/2011 — 9/30/2011) and increased an average of 12 hours / week during
Budget Period 3 (10/1/2011 — 9/30/2012).
GOALS:
• Optimize savings of all previous ESPC improvements.
• Educate and train City personnel on energy efficiency.
ASSUMPTIONS:
Not applicable
FINAL ENGINEERING:
Not applicable
SCOPE OF WORK:
General Scope
1. Energy Tracking
a. Measure and verify Performance Contract managed systems
b. Set up Run Time Totalization on selected equipment
c. Develop Trending reports and graphs
2. Testing and Inspection
a. Develop and maintain effective and efficient control strategies and schedules
b. Testing and inspection of Metasys system
c. System verification of Metasys control logic
3. System Support and Planning
a. Provide owner support and consulting for system operation, troubleshooting and facility planning
b. Standardize all Metasys applications in new construction or retrofit projects
c. Technical support for operations team, supporting out of scope service requirements
d. Identify and recommend additional savings opportunities in the facilities to enhance system
performance
4. System Repairs
a. Provide labor for replacement of all Metasys parts installed under previous JCI ESPC
Performance Contract Agreements
Johnson CO
Controls
Confidential and Proprietary 6
City of Fort Worth — Phase Vib Performance Contract Schedule 1.7
5. System Enhancements
a. Program Metasys system enhancements
b. Enhance graphics and reports that make system more user friendly
c. Fully integrate advanced features of Metasys to improve operational efficiency
6. Introduce New Technology
a. Educate and demonstrate new technologies available to Customer facilities
DEMOLITION:
Not applicable
EXCLUSIONS:
Not applicable
COMMISSIONING:
Not applicable
TRAINING:
Not applicable
WARRANTIES:
Not applicable
Johnson ',�
Controls
Confidential and Proprietary 7
City of Fort Worth -- Phase Vib Performance Contract Schedule 1.7
ACTIVITY #: 4b
ACTIVITY NAME: Energy Efficient Parking Lot Lighting
ACTIVITY DESCRIPTION:
This improvement measure will include new LED lighting fixtures in twenty-five (25) parking lots
throughout the City, as well as, the Municipal Parking Garage. Additionally, the City Hall parking lot will
be retrofitted with new solar powered LED lights.
GOALS:
• Improve the general quality of lighting
• Maintain appropriate levels of lighting
• Increase useful life
• Reduce lighting system maintenance costs
ASSUMPTIONS:
Not applicable
FINAL ENGINEERING:
• Development of light fixture drawings.
• Final design of location and number of poles and fixtures in the City Hall solar powered lot.
• Development of equipment submittals.
SCOPE OF WORK:
General Scope
• New light levels will meet IES standards.
• Solar photo -voltaic (PV) powered LED parking lot lights will be installed in the City Hall parking lot
only.
• New poles will be installed in the City Hall parking lot only.
• New LED lights will be in accordance with IESNA guidelines for parking lot lighting.
• Bi-Level Occupancy Sensors at all locations.
The following new lighting systems and lighting retrofits are included in this Activity:
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City of Fort Worth — Phase Vib Performance Contract Schedule 1.7
COFW Facility
Municipal Parking Garage
City hall parking lot
Comm.Svcs., Southside CC
Comm.Svcs., Andrew "Doc"
Sessions Ctr.
Comm.Svcs., Northside CC
Comm.Svcs., Como CC
Comm.Svcs., Como CC
Comm.Svcs., North Tri-
Ethnic CC
Comm.Svcs., Worth Heights
CC
Comm.Svcs., Martin Luther
_ King CC
SW Region, R. D. Evans CC
SW Regn, Thomas Place CC
SW Reg, Highland Hills CC
SW Region, Greenbriar CC
SW Region, Southwest CC
NE Region, Bertha Collins
CC
NE Region, Diamond Hill CC
NE Region, Riverside CC
NE Reg, Eugene McCray CC
NE Reg, Eugene McCray CC
NE Region, Handley-
Meadowbrook CC
NE Region, Hillside CC
NE Region, Sycamore CC
Table 4B-1 Parking Lot Lighting Retrofit
Existing Fixture
Metal Halide lamp, 100W Dual level LED Light.
High Pressure Sodium lamp, Cobra -head LED
400W Light.
Metal Halide lamp, 400W Dual level LED Light. 4
Metal Halide lamp, 400W Dual level LED Light. 5
Metal Halide lamp, 400W Dual level LED Light. 5
Metal Halide lamp, 400W Dual level LED Light. 4
Metal Halide lamp, 1000W Dual level LED Light. 2
Metal Halide lamp, 400W Dual level LED Light. 6
High Pressure Sodium lamp,
400W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Metal Halide lamp, 250W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Metal Halide lamp, 400W
Retrofit
Quantity
134
3 6
Dual level LED Light. 2
Dual level LED Light. 6
Dual level LED Light. 4
Dual level LED Light. 4
Dual level LED Light. 4
Dual level LED Light. 9
Dual level LED Light. 6
Dual level LED Light. 5
Dual level LED Light. 3
Dual level LED Light. 5
Dual level LED Light. 1
Dual level LED Light. 8
Dual level LED Light. 4
Dual level LED Light. 3
Dual level LED Light. 5
Table 4B-2 Parking Lot Lighting Retrofit (Additional Lots)
COFW Facility
Riverside Branch Library
Southwest Regional Library
East Regional Library
East Berry Branch Library
East Berry Branch Library
Diamond Hill Branch Library
Summerglen Branch Library
Johnson #(0
Controls
Existing Fixture
Mercury vapor lamp, 175w
High pressure sodium lamp, 400w
Fixture with metal halide lamp,
400w
Metal Halide lamp, 400W
High Pressure Sodium lamp,
250W
Metal Halide lamp, 400W
Metal Halide lamp, 325W
Retrofit Quantity
Dual level LED Light. 2
Dual level LED Light. 7
Dual level LED Light. 16
Dual level LED Light. 1 1
Dual level LED Light. 1 1
Dual level LED Light. 8 8
Dual level LED Light. 8 8
Retrofit
Qty
134
4
5
5
4
2
6
2
6
4
4
4
9
6
5
3
5
1
8
4
3
5
J
Retroft
Qty_
2
7
16
Confidential and Proprietary 9
City of Fort Worth -- Phase Vib Performance Contract Schedule 1.7
DEMOLITION:
• All demolition will be conducted in conformance with applicable laws.
• Existing lamps, ballasts and other materials will be removed from the site by JCI in accordance with
Federal, State, and Local regulations. It is also the responsibility of JCI, 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.
EXCLUSIONS:
• Unless specified to be replaced in this Activity, all existing wiring to the fixtures is the responsibility of
the City. If wiring and fixtures are not code compliant, it is the City's responsibility to bring them 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:
• Four (4) hours of on -site training will be provided to designated City personnel.
WARRANTIES:
• City will be responsible for installation of warranted LED Lighting bars beginning at the date of
Substantial Completion. A minimum 1 % stock of LED Lighting bars will be provided by JCI after
completion of installation to help accommodate any warranty period failures.
• Extended manufacturer warranties on LED fixtures and bars. Specific details for each warranty will
be provided in the O&M manuals.
Johnson '/���
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Confidential and Proprietary 10
City of Fort Worth -- Phase Vib Performance Contract Schedule 1.7
ACTIVITY #: 5
ACTIVITY NAME: Greening of Fort Worth Convention Center and Central Library - LEED®
ACTIVITY DESCRIPTION:
Implementation of this Activity will provide services to attempt certification of the Fort Worth Convention
Center (FWCC) and Central Library through the United States Green Building Council's (USGBC)
Leadership in Energy &Environmental Design Existing Building: Operations and Management (LEED
EB: O&M) program.
The following consulting services will be necessary for the City of Fort Worth to successfully submit a
complete LEED® -Online Certification package to the USGBC:
> LEED® Accredited Professional(s) will manage and deliver the LEED® process from the initial review
through LEED® certification submission.
> LEED® Certification process will be followed through effective management and technical guidance of
the JCl/Fort Worth team to include submission of proper documentation to the USGBC.
> Collect, edit, and approve all documentation in USGBC format including the fielding of all questions,
the submitting of credit interpretations to the USGBC, as needed, and the managing of post -
submission and USGBC review and re -submittal process, if required.
Additional improvement measures associated with this Activity will include the following:
• Water conservation — FWCC & Central Library
• Occupancy sensors — FWCC & Central Library
• Commissioning services — FWCC & Central Library
• Lighting retrofits — FWCC
• Parking garage lighting control upgrades - FWCC
GOALS:
• Improve the visibility and marketability of the City of Fort Worth's efforts to be a green city.
• Improve documentation of the LEED efforts at City facilities.
• Improved indoor environments
• Improved reliability of HVAC and lighting systems
• Utility savings
• Operation & maintenance savings
ASSUMPTIONS:
JCI does not guarantee LEED® certification of the project. The USGBC is compromised of Third Party
reviewers who will accept or reject credits which could adversely affect the level of certification or
certification in general. In sum, JCI is not liable for any decision the USGBC rules favorable or
unfavorable towards the certification of the City of Fort Worth's Convention Center or Central Library.
FINAL ENGINEERING:
• LEED® project documentation and filing.
• Development of equipment submittals.
• Development of Tight fixture drawings, where applicable.
SCOPE OF WORK:
• Collect and document information required for submitting a LEED® EB: O&M Certification Application
for the candidate LEED® EB: O&M credits.
Johnson OA
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Confidential and Proprietary 11
City of Fort Worth — Phase Vib Performance Contract Schedule 1.7
• Develop and present for acceptance to the City of Fort Worth, policies and/or operational changes
required to capture candidate LEED® EB: O&M credits. When accepted policies and/or operational
changes are in effect during the Performance Period, it will be necessary for the LEER® -AP to collect
and document information required from the City of Fort Worth for submitting a LEED® EB: O&M
Certification Application for the candidate LEED® EB: O&M credits.
• Input all obtained information in the LEEDQ-online process tool for future submission to the USGBC.
• Perform necessary documentation ACTIVITYs for additional credits submitted to the USGBC.
= Take appropriate steps for Credit Interpretation Requests (CIR) and Credit Appeals - JCI will
complete up to 2 CIR's and one appeal as a part of the contract. USGBC's cost per CIR is $200 and
$500 for each appeal and is separate from this contract. COFW is responsible for those incremental
costs if necessary.
• Collect and document information required for submitting a LEER® EB: O&M Certification Application
for the candidate LEED®EB: O&M credit, for retrofit options selected for implementation by the City.
Additional Improvement Measures
Water Conservation — FWCC & Central Library
The following water conservation retrofits are included in this Activity:
Table 5-1 Water Conservation Retrofits
Building
Total
Existing Toilet
Fixtures 1.28
Surveyed GPF
Toilet
1.6
GPF
Fort Worth
Convention 667 153 0
Center
Fort Worth
Central 85 0 12
Library
Totals 752 153 12
Retrofits
Faucets RR RR Sinks
Delay Sinks Single General
Urinal Spigot 4„ f8„ Spigot Purpose
0.5 Cold Faucet Cold Sinks
GPF only 0.5 only 1.5
0.5 GPM 0.5 GPM
GPM GPM
106 60 20 17
4 0 21 0
110 60 41 17
Lighting Retrofits - FWCC
• New light levels will meet IES standards.
The following new lighting retrofits will be installed as a part of this Activity:
Table 5-2 Lighting Retrofits
Fixture Quantity
After Retrofit
Bldg
FWCC exhibit halls
FWCC exhibit halls
FWCC exhibit halls
Johnson WAvI
Controls
Room
A
A
8
97
50
37
Shower Pedal
2.5 GPM Valve
Total
Fixtures
retrofit
30 17 10 413
13 0 0 50
43 17 10 463
Retrofit
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
Confidential and Proprietary 12
City of Fort Worth -- Phase Vib Performance Contract
Schedule 1.7
FWCC exhibit halls B
FWCC exhibit halls C
FWCC exhibit halls C
FWCC exhibit halls D
FWCC exhibit halls D
FWCC exhibit halls E
FWCC exhibit halls E
FWCC exhibit halls F
FWCC exhibit halls F
19
36
18
37
19
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
37 Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
19
36
19
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
Install a new light fixture with 6 F54T5H0 lamps and
two electronic ballasts.
Occupancy Sensors — FWCC & Central Library
Occupancy Sensors are to be installed in the following FWCC locations:
Table 5-3 FWCC Occupancy Sensor Locations
LOCATION
2 dressing room suite
2 dressing room suite
2 dressing room suite
3 Team Room
5 Telephone Rm
5 Telephone Rm
6 storage
7 storage
8 Stage Hands Office
9 Stage Hands Office
10 Stage Hands Office
11 dressing room suite
12 dressing room suite
13 storage
17 electrical storage, Andy's room
21 storage
26 press room
26 press room
27wrr
28 mrr
29 storage
30 storage
32 Bramah's team room
34 dressing room suite
34 dressing room suite
35 dressing room suite
Johnson ',t�
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LOCATION
61 MRR
62 storage
64 concessions
66 team storage
68 dressing room suite
68 dressing room suite
68 dressing room suite
70 concession
71 dressing room suite
71 dressing room suite
71 dressing room suite
73 battery charger
74 janitor closet
74 janitor closet
75 WRR
75 WRR
76 MRR
76 MRR
81 MRR
81 MRR
82 WRR
82 WRR
83 storage
88 WRR
91 WRR
94 concessions storage
LOCATION
1030a closet
1030b hall
1034 WRR
1034 WRR
1035 Storage
1036 MRR
1036 MRR
1037 WRR
1037 WRR
1038 Storage
1039 MRR
1039 MRR
1039 MRR
1040 Janitor closet
2002 control booth
1056 break room
1057 break room storage
1066 WRR
1067 MRR
1069 storage
1070 storage
1071 dishwasher
1074 ARA storage
1079 paint storage
1080 shop office
1080A paint storage
LOCATION
44 storage
45 storage
46 storage
47 rr
53 storage
55 hall
55 hall
55 hall
56 wrr
56 wrr
56 wrr
56a janitor
57 mrr
57 mrr
57 mrr
57a janitor
66 storage
67 storage
68 storage
69 storage
70 wrr
70 wrr
70 wrr
71 mrr
71 mrr
71 mrr
Confidential and Proprietary 13
City of Fort Worth - Phase Vib Performance Contract Schedule 1.7
LOCATION LOCATION LOCATION LOCATION
37 storage 96 first aid 1082 storage 77 storage
38 make up 97 concessions 1089 MRR 78 storage
38 make up 99 hall 1 089 MRR 82 wrr
38 make up rr 100 MRR 1090 WRR 83 mrr
39 dressing room suite 100 MRR 1090 WRR 84 janitor
39 dressing room suite 1001 WRR 1093 first aid 86 mrr
39 dressing room suite 1002 storage 1094 janitor's closet 86 mrr
41 concession 1003 hall 1096 WRR 86 mrr
42 dressing room suite 1004 WRR 1096 WRR 87 wrr
42 dressing room suite 1005 MRR 1097 MRR 87 wrr
42 dressing room suite 1010 MRR 1097 MRR 1401 plant mgr. off.
43 first aid 1010 MRR 1098 sound & video 1402 plant office
44 concession storage 1011 WRR 1099 concessions 1403 central plant rr
47 concessions 1011 WRR 1099 concessions 1403 central plant rr
49 MRR 1013 WRR 1099 concessions 1406 plant parts
49 MRR 1013 WRR 1099 concessions 1300 hall
51 concessions 1014 Storage ____ 1102 WRR 1305 janitor
54 team storage 1016 MRR 1102 WRR M57A NEW OFFICE
55 WRR 1020 Storage 1102A MRR 1600 storage
56 MRR 1025 ticket sales 1102A MRR 1600 storage
56 MRR 1026 ticket sales 1105 private telecom co. 1601 storage
58 storage 1027 ticket sales 1106 MRR 1602 break room
60 concessions 1028 ticket sales 1106 MRR 1605 restroom
61 MRR 1030 ARA offices 1107 WRR 1302 dress
1107 WRR M67 confrence rm 20 hall 1304 dress
1108 storage M67 confrence rm 20 hall 1302 dress
1110 old office M69 office 20 hall 87 wrr
1111 old office M70 storage 20A hall 91 storage
1112 old office — M71 office 20A hall 92 storage
1114 storage M73 confrence rm 31 wrr 93 storage
1123 concessions M74 open office_ 31 wrr 94 storage
1123 concessions M77 office 31 wrr 95 storage
1124 WRR M78 office 31a janitor 1300 hall
1124 WRR M79 office 32 mrr 1301 dress
1127 Janitor's closet M80 office 32 mrr M08 mrr
1128 Janitor's closet M81 open office 32 mrr M09 wrr
1129 MRR M83 open office 32a janitor M 13 mrr
1129 MRR M85 office 33 telephone M14 wrr
1134 storage M86 office 34 storage M47 storage
1137 MRR _ M92 wrr 35 storage M51 a office
1137 MRR M93 mrr 5 scullery M52 office
1137 MRR M94 storage 6 hall M53 office
1138 WRR M95 storage 6 hall M55 open office
1138 WRR M98 storage 6a staging #4 M56 open office
1138 WRR M99 storage 7 food prep M56a office
1152 MRR M100 storage 9 hall M56b office
1152 MRR M101 storage 9 hall M56c office
1152 MRR M102 mrr 9 staging #3 M57 confrence rm
1153 WRR M103 wrr 14 beverage M58 office
1153 WRR M104 office 16 stagy/9 #2 M59 office
1153 WRR M105 office 16 staging #1 M60 office
1155 Janitor closet M106 office 16 hall M61 office
Johnson '/� A -
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City of Fort Worth — Phase Vib Performance Contract
Schedule 1.7
LOCATION
1157 RR
1158 Audio Rm
1159 storage
1180 MRR
1183 storage
LOCATION
M107 office
M108 office
1161 MRR
1161 MRR
1190 Storage
LOCATION
16 hall
19 food prep
1186 corridor
1187 WRR
1188 Storage
Table 5-4 FWCC Occupancy Sensor Quantities
COFW FWCC
Area Type
PRIVATE OFFICE
MEETING ROOM
OPEN OFFICE
RESTROOM
STORAGE
HALLWAY
Total
Wall
Qty.
25
3
5
33
65
1
132
Sensor Devices
Ceiling
Qty.
15
1
28
130
58
62
294
Power Packs
Qty.
8
0
27
72
17
12
136
Occupancy Sensors are to be installed in the following Central Library locations:
Table 5-5 Central Library Occupancy Sensor Locations
LOCATION
101 Vestibule
102 storage
103 janitor
103 Office
104 Closet
104 hall
104 open office
105 Kitchen
105 open office
106 Break Rm
106 confrence rm
106 MRR
107 hall
107 Janitor
107 Office
108 open office
108 WRR
109 open office
109 RR
109 storage
110 Hall
110 RR
110a storage
111 open office
111 RR
112 open office
Johnson '���#
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LOCATION
116 Office
117 open office
117 RR
118 Kitchen
118 Office
119 Office
119 projection rm
119 RR
120 Closet
120 MRR
120 Office
121 Hall
121 Office
121 WRR
122 book case
122 confrence rm
122 storage
123 break rm
123 storage
124 hall
124 storage
125 Office
126 Office
127 Office
127 storage
128 Office
LOCATION
134 Office
134 open office
134 storage
135 hall
135 Office
137 Closet
137 Office
139 Office
139 WRR
140 Hall
141 computer rm
141 Janitor
142 Office
143 Stairs
144 Hall
146 Office
147 Office
148 Office
149 Office
150 open office
151 Hall
151 open office
152 open office
153 open office
154 Office
154 open office
LOCATION
1173 WRR
1173 WRR
1177 exhibit space
Total
Devices
48
4
60
235
140
75
562
LOCATION
160 Office
161 Office
162 Closet
163 Closet
164 corridor
165 Confrence Rm
166 open office
168 book storage
168 storage
168d storage
168e storage
169 library
169 storage
170 library
170 open office
170 projection rm
170a storage
171 classroom
172 library
172 storage
173 Hall
173 library
174 library
180 Foyer
180c Foyer
181 RR
Confidential and Proprietary 15
City of Fort Worth — Phase Vib Performance Contract Schedule 1.7
LOCATION LOCATION LOCATION LOCATION
112 PT 129 hall 155 Closet 181a waiting rm.
112 stage 130 hall 155 open office 186a Closet
113 open office 131 Conf. Rm 156 Office 186b Closet
113 Receptionist 132 Conf. Rm 156 open office 187 Confrence Rm
114 locked 132 open office 157 Office 188 Confrence Rm
114 storage 132 work rm 157a storage 190 open office
115 storage 133 Office 158 Foyer 190a Office
116 Mens RR 133 STUDIO 158 Janitor 190b Office
133 Work Rm 159 RR 195b Hall
Table 5-6 Central Library Occupancy Sensor Quantities
COFW_Library Sensor Devices
Area Type Wall Ceiling Power Packs Total
Qty. Qty. Qty. Devices
PRIVATE OFFICE 30 35 22 87
MEETING ROOM 5 14 14 33
OPEN OFFICE 1 310 175 486
RESTROOM 9 11 10 30
STORAGE 34 11 7 52
HALLWAY 1 14 7 22
Total 80 395 235 710
Commissioning Services — FWCC & Central Library,
Commissioning scope will include:
• Verification of all control point functionality and reporting at operators workstation
• Calibration of all sensors: temperature, differential pressure, airflow, CO2, water flow
• Functional performance testing of VAV boxes to include sequence of operation, calibration of
airflow sensor, air valve function, heating function, and fan function.
• Functional performance testing of air handlers to include sequence of operation, total
performance measurement, chilled water valve, heating water valve, sensors, safeties, and
VFD performance where applicable.
• Functional performance testing of make-up air units to include sequence of operation, total
performance measurement, enthalpy wheel performance, chilled water valve, heating water
valve, sensors, safeties, and VFD performance where applicable.
• Functional performance testing of hydronic distribution pumps to include sequence of
operation, total performance measurement, alarm reporting, and VFD performance where
applicable.
• Functional performance testing of steam boiler and heating water heat exchanger systems to
include sequence of operation, total performance measurement, and alarm reporting.
• Functional performance testing of chilled water and condenser water systems to include
sequence of operation, total performance measurement, and alarm reporting.
• Provide condition assessment of all commissioned equipment
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• Provide an evaluation of all workstation graphics
• $120,000 allowance for necessary HVAC repairs identified during the commissioning process
• Preparation of commissioning documents and submittal of final report
• Rework of sequences of operation for higher energy efficiency
• Rework of operator workstation graphics to improve user interface
At FWCC, specific systems to be included are:
• Three (3) centrifugal chillers, Three (3) primary chilled water pumps, Three (3) condenser
water pumps
• Four (4) cooling tower cells, VFD's, isolation and bypass valves
• Two (2) steam boilers, Two (2) steam to water heat exchangers, Two (2) primary heating
water pumps
• Eight (8) secondary chilled water distribution pumps, Eight (8) VFD's
• Four (4) secondary heating water distribution pumps, Four (4) VFD's
• Thirty (30) arena upper band air handling units (AHU's)
• Seventeen (17) arena lower band air handling units (AHU's)
• Eleven (11) annex (east exhibit hall) air handling units (AHU's)
• Ten (10) main exhibit hall (eastside) air handling units (AHU's)
• Five (5) phase 1 rooftop air handling units
• Five (5) phase 1 make up air units, energy recovery units with enthalpy wheels, (MAU's)
• Seventeen (17) phase 2 air handling units and return air fans
• Six (6) phase 2 make up air units, energy recovery units with enthalpy wheels, (MAU's)
• Eighty-five (85) VAV boxes (fan powered and single duct)
• Thirty (30) double duct VAV boxes
At Central Library, specific systems to be included are:
• Two (2) centrifugal chillers, Two (2) primary chilled water pumps (VFD's), Two (2) condenser
water pumps
• Two (2) cooling tower cells, isolation and bypass valves
• Two (2) steam boilers, Two (2) steam to water heat exchangers, Two (2) primary heating
water pumps
• Four (4) Lower level air handling units (AHU's)
• Four (4) Gallery Area air handling units (AHU's)
• One (1) Meeting Room air handling unit (AHU)
• One (1) Electrical Room air handling unit (AHU)
• One (1) Computer Room air handling unit (AHU)
• One (1) Children's Area Aaon converted VAV RTU w/ VFD (RTU)
• Three (3) Split DX systems
• Four (4) relief fans
• Six (6) packaged rooftop units (BTU's)
• Twenty-four (24) double duct VAV boxes
• Forty-two (42) VAV boxes (fan powered and single duct)
• Twelve (12) duct -mounted volume dampers
Parking Garage Lighting Control Upgrades - FWCC
The FWCC parking garage was previously fitted with daylight sensors to prevent unneeded lighting
operation during daylight hours. These installed controls are no longer operational and are in need of
repairs.
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Lighting control upgrades will include:
• Replace the existing contactors and photocells so that the existing daylight control system can be
placed back into operation.
• Repair the existing controls so that the pole lights on top of the convention center parking garage do
not operate during the day
EXCLUSIONS:
The following items will be required to obtain LEED® certification but are not included in this preliminary
report and estimate. The fees listed in the following are subject to change and are outside the control of
either JCI or the City.
• In order to comply with LEED® requirements at FWCC, the City will probably be required to replace
the 1,000-ton R-1 1 chiller in the Central Plant.
• Additional LEED® points may require further commissioning of the facility. The cost of additional
commissioning is not included in this project
• The City of Fort Worth will be required to pay a fee of $900 for filing the project with the Green
Building Council.
• An additional fee of $15,000 will be paid to the USGBC by the City of Fort Worth upon project
certification.
• There are ongoing costs to the City for certification credit maintenance. These costs are not included
in this Activity.
• Water Conservation:
o Any work not associated with the standard replacement of plumbing fixtures.
o Unless stated otherwise in this Activity, any ADA modifications.
• Lighting Retrofits & Occupancy Sensors:
o Unless specified to be replaced in this Activity, all existing wiring to the fixtures is the
responsibility of the City. If wiring and fixtures are not code compliant, it is the City's
responsibility to bring them 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:
• Four (4) hours of on -site training will be provided to designated City personnel.
WARRANTIES:
• Water Conservation & Occupancy Sensors:
o One (1) year warranty on materials and labor beginning at the date of Substantial Completion.
• Lighting Retrofits:
o City will be responsible for installation of warranted lamps & ballasts beginning at the date of
Substantial Completion. A minimum 1% stock of ballasts and 2% stock of lamps will be
provided by JCI after completion of installation to help accommodate any warranty period
failures.
• Extended manufacturer warranties on lamps, ballasts and occupancy sensors. Specific details for
each warranty will be provided in the O&M manuals.
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ACTIVITY #: 9
ACTIVITY NAME: Solar Renewable Energy
ACTIVITY DESCRIPTION:
Implementation of this Activity will provide a means for the City to produce sustainable power at five (5)
City facilities. This Activity will also include the installation of solar hot water systems in three (3) City
facilities. Additionally, this Activity will provide an educational showcase for solar power production in the
City of Fort Worth.
GOALS:
• Save money every month by lowering electric bills
• Utilize free energy from the sun to reduce the effect of utility rate increases
• Protect the environment by using clean, renewable energy
• Provide a valuable teaching program to instill environmental awareness and responsibility
ASSUMPTIONS:
Not applicable.
FINAL ENGINEERING:
• Development of construction drawings & equipment submittals
• Structural load certifications
SCOPE OF WORK:
General Scope
Solar PV -
• The photovoltaic system project is comprised of five (5) separate PV systems, each serving its
respective building. The PV systems are sized as follows:
a System PV- A: (Southwest Regional Library) 50 kW DC
■ Quantity 221: 230W solar PV modules mounted on the roof of the Southwest
Regional Library roof tilted at a 10° tilt
• DC to AC conversion will be provided via (1) CEC approved, UL listed, high efficiency
50 kW inverter feeding the facility's main electrical service
o System PV- B: (East Regional Library) 50 kW DC
• Quantity 221: 230W solar PV modules mounted on the roof of the East Regional
Library roof tilted at a 10° tilt
■ DC to AC conversion will be provided via (1) CEC approved, UL listed, high efficiency
50 kW inverter feeding the facility's main electrical service
a System PV- C: (Handley-Meadowbrook Community Center) 5 kW DC
• Quantity 22: 230W solar PV modules mounted on the roof of the
Handley-Meadowbrook Facility tilted at a 10° tilt
• DC to AC conversion will be provided via (1) CEC approved, UL listed, high efficiency
5.2 kW inverter feeding the facility's main electrical service
a System PV- D: (Southwest Community Center) 5 kW DC
• Quantity 22: 230W solar PV modules mounted on the roof of the Southwest Regional
Community Center tilted at a 10° tilt
• DC to AC conversion will be provided via (1) CEC approved, UL listed, high efficiency
5.2 kW inverter feeding the facility's main electrical service
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o System PV- E: (Fort Worth Nature Center) 5 kW DC
• Quantity 22: 230W solar PV modules mounted on the roof of the Fort Worth Nature
Center tilted at a 10° tilt
• DC to AC conversion will be provided via (1) CEC approved, UL listed, high efficiency
5.2 kW inverter feeding the facility's main electrical service
Solar Thermal --
• The Solar Thermal Project is comprised of three (3) separate systems in three (3) locations.
o System th - A: (North Tri-Ethnic Community Center) 80 gallon Drainback system
• Quantity three (3) - 26 sqft. solar thermal collectors mounted on the roof
• 80 gallon hot water storage
o System th - B: (Doc Sessions Community Center) 80 gallon Drainback system
• Quantity two (2) -- 26 sqft solar thermal collectors mounted on the roof
• 80 gallon hot water storage
o System th- C: (Southside Community Center) 120 gallon Drainback system
• Quantity three (3) -- 26 sqft solar thermal collectors mounted on the roof
• 120 gallon hot water storage
• All systems shall be ballast mounted rack systems in order to minimize roof penetrations. Rack
system to include mounting rails, hardware for rack construction, and module attachment hardware.
• Performance metering and monitoring equipment will be supplied for each Solar PV system which
includes data storage for long term system monitoring as well as a community educational monitor to
be mounted on the interior of each building.
• Performance monitoring of each Solar Thermal system will be provided via third party web interface.
• Coordinate with the Oncor Solar Rebate Program regarding the program requirements and
interconnection process.
DEMOLITION:
Not applicable
EXCLUSIONS:
• Unless specified to be replaced in this Activity, all existing electrical service at each site is the
responsibility of the City. if electrical service is not code compliant, it is the City's responsibility to
bring it into compliance.
COMMISSIONING:
• Start up of Solar PV and Thermal systems and confirm system operation.
• Test all wiring and conduit connections to ensure system operates to specifications.
TRAINING:
• One (1) day of on -site training will be provided to designated City personnel.
WARRANTIES:
• One (1) year warranty on materials and labor beginning at the date of Substantial Completion.
• Extended manufacturer warranties on solar collectors and solar PV inverters. Specific details for
each extended warranty will be provided in the O&M manuals.
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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 any 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
Term.
Excess Project Benefits are the amount by which the Annual Project Benefits exceed the Annual Guaranteed
Project Benefits in any year of the Term.
Installation Period means the period between the Commencement Date and the first 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 180 months and shall commence on the first day of
the month following the Substantial Completion Date
Measured Project Benefits are calculated and verified as 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 Non -Measured Project Benefits will occur. As a result, Non -
Measured Project Benefits shall not be measured or monitored by JCI at any time during the Term, but rather
shall be deemed achieved on the Substantial Completion 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 Term.
2. GUARANTEE. JCI guarantees that the City will generate $3,624,803 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 Term are less than the Annual Guaranteed Project Benefits for that year, JCI 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 JCI 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, JCI 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 1 guarantee period.
The methods of reconciliation to be used during the Term 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, JCI may,
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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 JCI, within five (5) 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 Term, 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; changes in occupancy; changes to the
hours of operation of any facility; changes or modifications to the Equipment or Services provided under this
Performance Contract; changes 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 JCI; 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 JCI to make an adjustment.
Upon receipt of such notice, or if JCI independently learns of any such change or condition, JCI and City shall
calculate and send a notice of adjustment to 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 JCI with notice of any such change or condition, JCI and City may make
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 JCI EQUIPMENT 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 codes, JCI 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 year, JCI may apply the difference against any
unpaid balances from the City then existing under the Performance Contract. Upon the mutual agreement of
the parties, JCI may also provide additional products or services, in the value of the shortfall, at no additional
cost to the City. Where shortfalls have occurred, JCI 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 I provides the M&V approach for each Activity. JCI shall apply these methodologies, as more fully
detailed in the guidelines and standards of the International Measurement and Verification Protocol (IPMVP)
and/or the Federal Energy Management Program (FEMP), in connection with the provision of M&V Services
under this Performance Contract.
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Table 1
M&V Approach for Each Improvement Measure
Activity
# 2 - Building Efficiency Specialist
# 4b - Energy Efficient Parking Lot
Lighting
# 5 - Greening of FWCC & Central
Library
Improvement
Measure
BES services
New LED lighting
Lighting retrofits (FWCC)
Water conservation
Occupancy sensors
Parking garage lighting
controls (FWCC)
Commissioning
# 9 -• Solar Renewable Energy Solar PV & thermal systems
M&V
Methodology
See Note 1
Option A
Option A
Option A
Option A
Option A
See Note 1
Option B
Schedule 2.7
M&V
Firm
JCI
JCI
JCI
JCI
JCI
JCI
JCI
JCI
Notes:
1. Guaranteed electric and gas savings will be increased for the JCI ESPC Phase 11 & 111 projects to support the
BES and Commissioning improvement measures. M&V methodology will continue to be Option C.
2. 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 made part of this Schedule:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Annual and Total Project Benefits
Measured Specific Performance Guarantee (MSPG) Project Benefits
This exhibit purposely left out of this Performance Contract
Non -Measured Project Benefits
Unit Utility Rates and Costs
Baselines, Pre -Retrofit Conditions, Models
Post -Retrofit Conditions
Responsibilities of JCI and the City
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ANNUAL AND TOTAL PROJECT BENEFITS
Year
Construction
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Totals
Guaranteed
Utility
Cost
Savings
$191,173
$173,794
$179,008
$184,378
$189,909
$195,607
$201,475
$207,519
$213,745
$220,157
$226,762
$233,565
$240,572
$247,789
$255,222
$262,879
$3,423,553
Utility
Incentive
Cost
Avoidance
$201,250
$201,250
Total
Guaranteed
Project
Benefits
$392,423
$173,794
$179,008
$184,378
$189,909
$195,607
$201,475
$207,519
$213,745
$220,157
$226,762
$233,565
$240,572
$247,789
$255,222
$262,879
$3,624,803
Schedule 2.7
Exhibit 1
Notes:
1. For Year 1, calculation of cost avoidance shall commence on the Substantial Completion date.
2. Utility Cost Avoidance is Measured Project Benefits. 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. Utility Incentive Cost Avoidance is Non -Measured Project Benefits.
City acknowledges and agrees that if, for any reason, it (1) cancels or terminates receipt of M&V Services,
(11) fails to pay for M&V Services in accordance with Schedule 4, (Hi} fails to fulfill any of its responsibilities
necessary to enable JCI 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 JCI shall have no liability hereunder.
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Schedule 2.7
Exhibit 2
MEASURED SPECIFIC PERFORMANCE GUARANTEE (MSPG) PROJECT BENEFITS
In a Measured Specific Performance Guarantee (MSPG), 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 key performance
factors require a physical inspection and/or 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 A
Partially Measured Retrofit Isolation
Measured Project Benefits are determined by partial field measurement of the energy use of the
system(s) to which an Improvement Measure was applied separate from the energy use of the rest of the
facility. Measurements will be short-term with only one-time measurements before and after the
Installation Period.
Partial measurement means that some but not all parameters will be measured. Careful review of the
design and installation of Improvement Measures is intended to demonstrate that the stipulated values
fairly represent the probable actual values. Agreed -upon values will be shown in the 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 Term.
Measured Project Benefits from the following Improvement Measures will be calculated using Option A:
Activity
# 4b - Energy Efficient Parking Lot
Lighting
# 5 - Greening of FWCC & Central
Library
Activity #4b — New LED Lighting
Improvement
Measure
New LED lighting
Lighting retrofits (FWCC)
Water conservation
Occupancy sensors
Parking garage lighting
controls (FWCC)
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 lighting loggers.
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.
• A sample of amp loggers will be installed (one time) to verify post -retrofit lighting operating hours of
new dual level LED fixtures.
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Activity #5 - Lighting Retrofits (FWCC)
Schedule 2.7
Exhibit 2
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 lighting loggers.
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.
• Post -retrofit lighting operating hours will be the same as pre -retrofit lighting operating hours.
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.
Activity #5 - Water Conservation
Pre -Retrofit:
• JCI will utilize sample on -site water flow measurements at each facility to determine Pre -Retrofit
equipment gallons per fixture (GPF) and gallons per minute (GPM) usage. Uses per year (UPY),
minutes per use (MPU), minutes per day (MPD), days per year (DPY), and flushes per year (FPY)
were derived from site surveys and interviews with City personnel.
• For new Pedal Valves, JCI will install one (1) small meter at the convention center to determine Pre -
Retrofit MPD for all Pedal Valve installations.
Post -Retrofit:
• JCI will utilize sample on -site water flow measurements at each facility (one time) to determine Post -
Retrofit equipment gallons per fixture (GPF) and gallons per minute (GPM) usage. Except for new
Pedal Valves, Post -Retrofit UPY, MPU, MPD, DPY & FPY will be the same at Pre -Retrofit.
• For new Pedal Valves, JCI will monitor the small meter installed prior to the retrofits to (one time)
determine Post -Retrofit MPD for all Pedal Valve installations. Water heating savings are based on
actual annual kgal savings and Pre -Retrofit hot water temperature difference & heating efficiency.
Activity #5 - Occupancy Sensors & Parking Garage Lighting Controls (FWCC)
Pre -Retrofit:
• Refer to pre -retrofit measurements for Lighting Retrofits.
• Pre -retrofit lighting operating hours were determined from site lighting loggers
Post -Retrofit:
• Post -retrofit lighting kW will be the same as pre -retrofit lighting kW.
• For Occupancy Sensors, a sample of light loggers will be installed (one time) to verify post -retrofit
lighting operating hours.
• For Parking Garage Lighting Controls, a sample of amp loggers will be installed (one time) to verify
post -retrofit lighting operating hours.
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Option B
Retrofit Isolation
Schedule 2.7
Exhibit 2
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-term, long-term or continuous measurements are taken throughout the pre and post -retrofit periods.
Engineering calculations using short term, long-term or continuous pre 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 B:
ActivityImprovement
Measure
# 9 -- Solar Renewable Energy Solar PV & thermal systems
Activity #9 - Solar PV & Thermal Systems
Pre -Retrofit:
• No pre -retrofit measurements are required.
Post -Retrofit:
• Utility production meter will be continuously stored and monitored.
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NON -MEASURED PROJECT BENEFITS
Schedule 2.7
Exhibit 4
The Project Benefits identified below shall be Non -Measured Project Benefits under this Schedule.
Activity Source of Non -Measured
# Project Benefits
9 Solar Renewable Energy
Total Non -Measured Project Benefits
Utility
Incentive
Cost
Avoidance
$201,250
$201,250
Activity #9 — Solar Renewable Energy
City has already received approval from Oncor Electric Delivery to receive a total incentive of $201,250
for the installation of the new Solar PV systems.
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UNIT UTILITY RATES AND COSTS
Schedule 2.7
Exhibit 5
The unit 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 ACCOUNTS
Facility Name
Fort Worth Convention Center
Fort Worth Convention Center
Fort Worth Convention Center
Fort Worth Convention Center
Central Library
Regional Library, Southwest
Regional Library, East
Comm.Svcs., North Tri-Ethnic CC
NE Region, Handley-Meadowbrook CC
SW Region, Southwest CC
Comm.Svcs., Andrew "Doc" Sessions Ctr.
Comm.Svcs., Southside CC
Fort Worth Nature Center
Municipal Parking Garage
City hall parking lot
Comm.Svcs., Northside CC
Comm.Svcs., Como CC
Comm.Svcs., Worth Heights CC
Comm.Svcs., Martin Luther King CC
SW Region, Thomas Place CC
SW Region, R. D. Evans CC
SW Region, Highland Hills CC
SW Region, Greenbriar CC
NE Region, Bertha Collins CC
NE Region, Diamond Hill CC
NE Region, Riverside CC
NE Region, Eugene McCray CC
NE Region, Hillside CC
NE Region, Sycamore CC
East Berry Branch Library
Diamond Hill/Jarvis Branch Library
Summerglen Branch Library
Riverside Branch Library
Service Address
1101 Commerce St
1108 Commerce St
1208 Commerce St
1201 Houston St
500 W 3rd St
4001 Library Ln.
6301 Bridge St.
2950 Roosevelt Ave.
6201 Beaty St.
6300 Welch Ave.
201 S. Sylvania Ave.
959 E. Rosedale St.
9601 Fossil Ridge Rd.
901 Taylor St.
N/A
1801 Harrington St.
4900 Home St.
3551 New York Ave.
5565 Truman Dr.
4237 Lafayette Ave.
3242 Lackland Rd.
1600 Glasgow Rd.
5200 Hemphill St.
1501 Martin Luther King Fwy.
1701 NE 37th St.
3700 E. Belknap St.
4932 Wilbarger St.
1201 E. Maddox Ave.
2525 E. Rosedale Ave.
4300 E. Berry St.
1300 NE 35th St.
4205 Basswood Blvd.
2913 Yucca Ave.
ESI ID
10443720002594622
10443720002595645
10443720002595676
10443720008510973
10443720007500623
10443720005579551
10443720008811241
10443720002971738
10443720005578063
10443720005578280
10443720005598461
10443720002971800
10443720002970436
10443720005579830
Not Metered
10443720002971924
10443720005579954
10443720002971676
10443720005579768
10443720002970250
10443720006016095
10443720005334246
10443720002970312
10443720005578125
10443720005578001
10443720005578187
10443720008416702
10443720002970374
10443720005578435
10443720002971521
10443720005579272
10443720007714211
10443720005579675
ELECTRICITY RATE SCHEDULE ANALYSIS
For all electric accounts, utility bill audit was performed on recent City electric bills for the period of Aug 09 — Jul 10.
As directed by the City, avoided cost TDU Delivery Charges were determined by subtracting the total electric cost
from the cost per kWh in the contract. Per kWh charges were determined using the Retail Electric Provider (REP)
Supply Contract rate of $0.0647431 /kWh. The utility supply contract is with TXU Energy Retail Company. The
term of the sales agreement is Jun 09 through May 11.
Johnson s -
Controls Confidential and Proprietary 29
City of Fort Worth - Phase Vlb Performance Contract
Schedule 2.7
Exhibit 5
The City recently signed a new REP supply contract. The contracted rate beginning May 2011 will be
$0.05127/kWh. TDU delivery charges determined using the formula in the previous paragraph calculation will be
used to determine the future burdened cost per kWh of electricity by adding the TDU charges to the new REP
supply contract rate.
For all FIMs that generate kW demand savings, avoided cost includes TDU Delivery Charges and REP Supply
Charges. For all FIMs that generate kWh consumption savings only, avoided cost includes REP Supply Charges
from the new sales agreement.
The following Table indicates electric $/kWh charges which were utilized for savings calculations at each facility.
Facility
artyConvention
Central Libra
Tonal L brar r,
Re
ional Libra
NE Region, Handle
Comm.Svcs., Andrew "Doc" Sessions
e
East
Electric $/kWh Charges
-Meadowbrook CC
Fort Worth Nature Center
l ci
City hall parking lot
►orvs. `tort:'`d=:C(
Comm.Svcs. Como CC
Comm.Svcs., Martin Luther King CC
SW Re
ion, Thomas Place CC
��� •-----------------� may'': •. •.•f .-�:._-._.-.-. ..-a'.•Y �.
SW Re
ion, Greenbriar CC
NE Region, Diamond Hill CC
crRiverside
NE Region Eugene McCray CC
illsi
....- .::---.
NE Region, Sycamore CC
East eriy
Diamond Hill/Jarvis Branch Library
Sunmerglan Branch Lib Try
Riverside Branch Library
TDU
Charges
($/kWh)
$0 30
$0.022267
$0.028070
$O1
$_ 0. 030133
0.03 1
$0.043560
$0.047085
Supply
Charges
($/kWh)
$0.0647431
$0.0647431
.06474 1
$0.0647431
$0.0647431
,06�7431
$0.0647431
$0.064743 $0.0647431
$0.026072
$0.028785
300
$0.034889
N/A
91
$0.0647431 $0.09082
{:09688
$0.0647431 $0.09353
$0.0647431 $0.09963
New
REP
Supply
Charges
($/kWh)
$0.05127
$0012
$0.05127 $0.07934
0.`05127
$0.08140
$0.05127
Total
Charges
($/kWh)
$0.09821
$0.08701
$0 08267
$0.09281
$0 09593 --
$0.09488
$0.101?4
$0.10830 $0.05127
$ .0
$0.11183 $0.05127
$0.05127
$0.05127
$0.05127
$0.05127
New
Total
Charges
($/kWh)
$0.07354
6'
$0.09483
0 081-0
$0.09836
$0.05127
$0.07734
1
$0.08006
$0
$0.08616
$0.030873 $0.0647431 $0.09562 $0.05127 $0.08214
$ :0
:6474,11. ::$.. 068'l 127:.::,..z: 0.0
$0.025421 $0.0647431 $0.09016 $0.05127 $0.07669
irw ter.:-:.+.�..ti•r. 1 .,. :w... a.. .��.y ,rr - ---�: � :. .. � -. r.._ •� ...... Y''-" '""'T` - i ...,
$0.034135 $0.0647431 $0.09888 $0.05127 $0.08540
$0.024617 $0.0647431
$0.025019 $0.0647431
$ .022999 $0.0647431
$0.025583 $0.0647431
$0.08936
$9,9
$0.08976
$0. 7/ 774
$0.09033
$0.05127
$0.0 1
$0.05127
0.05127
$0.05127
$0.07589
$0.07629
$0.014 7
$0.07685
Johnson ',k •
Controls Confidential and Proprietary 30
City of Fort Worth — Phase Vib Performance Contract
Schedule 2.7
Exhibit 5
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 — 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 95%
lagging as measured at Meter, or, if Retail Customer fails to correct its Power Factor consistent with this
standard, the demand associated with Retail Customer's use of Delivery Service, as determined in the
appropriate Rate Schedules in Section 6.1 RATE SCHEDULES, may be increased according to the following
formulas:
(1) Calculation of Power Factor Adjusted NCP kW.
The NCP kW applicable under the Monthly Rate section shall be modified by the following
formula:
Power Factor Adjusted = (Actual Monthly NCP kW x 0.95)/Current Month Power Factor
Monthly NCP kW
(2) Calculation of Power Factor Adjusted 4-CP kW.
Each of the Retail Customer's monthly coincident peak kW demands used to calculate the Retail Customer's
average 4 CP kW demand applicable under the Monthly Rate section shall be calculated using the following
formula:
Power Factor Adjusted = (Actual Monthly CP kW demand at time of ERGOT peak x 0.95)
Monthly CP kW /Monthly Power Factor
Power Factor Adjusted 4-CP kW = average of the Retail Customer's Monthly CP kW as
adjusted for power factor if applicable.
(3) Power Factor Adjusted Monthly NCP kW demands will be used in determining the Billing
kW 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 Customer'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 Retail 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 Retail Customer shall be required to reimburse
Company for the cost.
,J i
Johnson ,�,
Controls Confidential and Proprietary 31
City of Fort Worth -w Phase Vib Performance Contract
Schedule 2.7
Exhibit 5
6.1.1 Delivery System Charges,
Determination of Billing Demand for Transmission System Charges
Determination of NCP kW
The NCP kW applicable under the Monthly Rate section shall be the KW supplied during the 15 minute period
of maximum use during the billing month.
Determination of 4 CP kW
The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customer's
integrated 15 minute demands at the time of the monthly ERCOT system 15 minute peak demand for the
months of June, July, August and September of the previous calendar year. The Retail Customer's average
4CP demand will be updated effective on January 1 of each calendar year and remain fixed throughout the
calendar year. Retail Customers without pervious history on which to determine their 4 CP kW will be billed at
the applicable NCP rate under the "Transmission System Charge" using the Retail Customer's NCP kW.
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 NCP kW for the current
billing month or 80% of the highest monthly NCP kW established in the 11 months preceding the current billing
month (80% ratchet). The 80% ratchet shall not apply to retail seasonal agricultural customers, as determined
by the utility.
Johnson Op
Controls Confidential and Proprietary 32
City of Fort Worth -- Phase Vib Performance Contract
Sample Electric Bill
Southwest Regional Library
Schedule 2.7
Exhibit 5
Location: 4001 Library Ln.
NAME OF UTILITY
Transmission -Distribution: Oncor Electric Delivery Account No.: 4547444
Retail Electric Provider: TXU Energy Retail Company ESI ID No.: 10443720005579551
RATE SCHEDULE ANALYZED (JUN09)
Oncor Electric Delivery (TDU) Rate Code/Structure 16/G-Large: Secondary>10 kW, IDR
TXU Energy Retail Company (REP) Texas GLO Agreement Term: June 09 through May 11
SUMMARY OF BILLING COMPONENT CHARGES
Oncor Electric Delivery: TDU Customer Charge $ 24.90 per month
TDU Metering Charge $ 16.65 per month
TDU Transmission Charge IDR-metered $ 1.47 per 4CP-kW
TDU Distribution Charge $ 3.55 per Dist. -kW
TDU System Benefit Fund Rider SBF $ 0.000655 per kWh
TDU Nuclear Decommissioning Rider NDC $ 0.044 per Dist. -kW
* also reference Delivery Charge Riders TC, TRCF, EMC, SCUD, CMC
TXU Energy Retail Co.: REP Monthly Charge >500-kW $ 30.00 per month
REP Energy Charge $ 0.0647431 per kWh
REP Applicable Taxes to be determined, varies by jurisdiction
REP Over -Capacity Charge
REP Third -Party Fee
AVOIDED COST OF ENERGY TO BE USED IN CALCULATIONS
Transmission -Distribution: TDU Delivery Charges Unit Cost
Retail Electric Provider: REP Supply Charges Unit Cost
$ 0.00 per kWh
$ 0.00 per kWh
$ 0.017932 per kWh
$ 0.05127 per kWh
AVOIDED COST OF DEMAND TO BE USED IN CALCULATIONS
Transmission -Distribution: TDU Delivery Charges $ 0.00 per kW
Retail Electric Provider: REP Supply Charges $ 0.00 per kW
Comments
TDU Delivery Charge Calculation:
($46,677 / 564593 kWh) - 0.0647431 $/kWh = 0.017932 $/kWh
Johnson 0/0
Controls Confidential and Proprietary 33
City of Fort Worth — Phase Vlb Performance Contract
Facility
Fort Worth Convention Center
Fort Worth Convention Center
Central Library
NATURAL GAS UTILITY ACCOUNTS
Service Address
1 000 Commerce Street
1 000 Commerce Street
300 Lamar Street
NATURAL GAS UTILITY RATE SCHEDULE ANALYSIS
Schedule 2.7
Exhibit 5
Account #
250.3090.99.1
436.3119.99.3
I 436.6932.99.E
For all natural gas accounts, utility bill audit was performed on recent City natural gas bills for the period of Jun 09 —
May 10.
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 Jun 09 -- May 10.
The following Table indicates natural gas $/MCF charges which were utilized for savings calculations at each
facility.
FACILITY
Natural Gas $IMCF Charges
NATURAL GAS NATURAL GAS
(MCF) ($)
Fort Worth Convention Center 7,343
Central Library 776
$49,879
$5,537
NATURAL GAS
CHARGES
Winn
$6.7707
$6.9265
Johnson j s(�
Controls Confidential and Proprietary 34
City of Fort Worth — Phase Vib Performance Contract
Central Library
NAME OF UTILITY
Supply -Distribution:
Sample Natural Gas Bill
Atmos Energy
RATE SCHEDULE ANALYZED (SEP08)
Atmos Energy (Tariff for Gas Service):
SUMMARY OF BILLING COMPONENT CHARGES
Atmos Energy:
AVOIDED COST OF ENERGY TO BE
All Charges
Customer Charge
Consumption Charge
Gas Cost Recovery
Weather Normalized Adjustment
Rate Case Expense Surcharge
Franchise Fee
Occupation Tax
USED IN CALCULATIONS
AVOIDED COST OF DEMAND To BE USED IN CALCULATIONS
Supply -Delivery: All Demand Charges
COMMENTS
Avoided Cost of Energy Calculation:
($5,537 — ($13.50 x 12 months)) / 776 MCF = 6.9265 $/MCF
Schedule 2.7
Exhibit 5
Address:
Account No.: 436.6932.99
Tarriff 20426, Rate C - Commercial
All mcf
Monthly Variable
Monthly Variable
Monthly Variable
500 W 3rd St
$ 13.50 per month
$ 0.98090 per mcf
$ per mcf
+1- $ per mcf
+1- $ per mcf
$ 0.051020 per $
$ 0.020370 per $
$6.9265 per mcf
Johnson '`)��i
Controls Confidential and Proprietary 35
NA
City of Fort Worth — Phase Vib Performance Contract
WATER/SEWER UTILITY ACCOUNTS
Schedule 2.7
Exhibit 5
Facility Customer Location Meter# Meter Service Service Address
# # Size Type
Fort Worth Convention Center 646627 5130 23623207R 2" Irrigation 1100 Commerce Street
02965455M 1" Blowdown Central Plant
WD96250221 1" Water
Deduct
E13769290 4" Water
Fort Worth Convention Center 646627 5132 97801355P 1.5" Irrigation 1100 Commerce Street
01116666R 4" Water Arena, Exhibit Halls B-F
Exhibit Annex
Fort Worth Convention Center 646627 5144 10785388E 3" Water 101 E 3rd St
Remainder of building
Central Library 5871 5796 13872014B 3" Water 301 Burnett St
30035089T 1.5" Water
Deduct
WATER/SEWER UTILITY RATE SCHEDULE ANALYSIS
For water & sewer accounts, utility bill audit was performed on recent City water/sewer bills for the period of AUC09
— AUG10.
As directed by the City, avoided cost water/sewer charges were determined using the following City of Fort Worth
Water Department new rate structure which became effective on January 1, 2010.
Water & Sewer Consumption Rates
Water $2.15 / ccf
Wastewater $3.161 ccf
Irrigation (0-100 ccf) $2.66 / ccf
Irrigation (> 100 ccf) $3.28 / ccf
Johnson
Controls Confidential and Proprietary 36
City of Fort Worth - Phase Vib Performance Contract
Sample Water/Sewer Bill
Schedule 2.7
Exhibit 5
FWCC — Central Plant Address: 1101 Commerce St.
NAME OF UTILITY
Supply -Distribution:
Fort Worth Water Dept
Account No: 646627
Location No: 5130
RATE SCHEDULE ANALYZED (JAN09)
Fort Worth Water Dept: Commercial in Fort Worth
SUMMARY OF BILLING COMPONENT CHARGES
Fort Worth Water Dept:
Customer Charge -Water 4" meter $ 102.25 per month
Customer Charge -Sewer $ 27.00 per month
Customer Charge -Irrigation 2" meter $ 27 per month
Water Consumption Charge $ 2.15 per ccf
Sewer Consumption Charge
Irrigation Consumption Charge
$ 3.16 per ccf
0.0-100.0 ccf $ 2.66 per ccf
>100 ccf $3.28 per ccf
AVOIDED COST To BE USED IN CALCULATIONS
Water $ 2.15 per ccf
Sewer $ 3.16 per ccf
Irrigation $ 3.28 per ccf
COMMENTS
FWCC — Central Plant includes the Central Plant only
This account includes a 1" water deduct meter to eliminate sewer charges for makeup water to
Central Plant equipment and a 1" blowdown meter to account for boiler blowdown sewer charges.
Both meters are read by Central Plant personnel.
Johnson tt#
Controls Confidential and Proprietary 37
City of Fort Worth -- Phase Vib Performance Contract
Schedule 2.7
Exhibit 5
Table 4
Annual Utility Escalation Rates f %1
The following table identifies the percentage increases that will be made to the Utility Cost Avoidance for each
succeeding year of the Guarantee.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
0% 0% 0%
3% 3% 3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
3%
Notes:
1. According to DOE historical data, consumer prices for retail electricity increased an average of 5.5%
per year from 1970 —2001.
2. As defined earlier in this Schedule, for all FIMs that generate kW demand savings, avoided cost includes
TDU $IkWh charges.
ff
Johnson Ae' ,
Controls Confidential and Proprietary 38
City of Fort Worth - Phase Vib Performance Contract
Facility Name -
Date
Month Year
BASELINES, PRE -RETROFIT CONDITIONS, MODELS
Pre -Retrofit Electric. Natural Gas. and Water/Sewer Baselines
Fort Worth Convention Center
Electrical
Consumption Demand Total Cost
(kWh) (kW) ($)
Natural Gas
Cons. Cost
(MCF) ($)
Schedule 2.7
Exhibit 6
Water/Sewer/Irrigation
Water Water Sewer
Consumption Cost Cost
(CCF) ($) ($)
August 2009 1,476,818 3,664 $137,799.18 123 $949 4,478.5 $3,905.14 $5,739.64
September 2009 1,001,687 3,268 $95,862.24 123 $937 3,159.3 $2,756.74 $4,051.76
October 2009 807,934 3,422 $82,040.73 123 • $921 2441.4 $2,131.59 $3,132.94
November 2009 618,149 1,911 $69,272.20 149 $1,283 2372.5 $2,009.97 $2,954.19
December 2009 414,802 2,389 $55,683.38 297 $2,306 2089.6 $1,715.12 $2,520.83
January 2010 542,680 2,331 $65,002.55 1,230 $8,942 1949.9 $1,704.12 $2,504.66
February 2010 664,032 3,283 $72,587.54 2,438 $16,789 1835.2 $1,595.57 $2,345.11
March 2010 776,291 3,902 $80,829.09 2,202 $13,700 1300.7 $1,182.99 $1,738.71
April 2010 1,179,707 2,661* $105,209.59 316 $2,012 2175.1 $1,855.07 $2,726.53
May 2010 862,296 3,726* $82,311.33 123 $777 2359.5 $1,995.05 $2,932.27
June 2010 1,133,403 4,485* $99,576.78 90 $565 2967.5 $2,485.51 $3,653.12
July 2010 1,277,858 4,267* $110,117.28 97 $790 4060.7 $3,398.78 $4,995.41
1 I I 10,755,656 I 39,309 1 $1,056,291.89 I 7,311 I $49,971 I 31,189.90 1 $26,735.65 I $39,295.17 I
Facility Name- Fort Worth Central Library
Date Electrical Natural Gas
Month Year Consumption Demand Total Cons. Cost
(kWh) (kW) Cost (MCF) ($)
($)
August 2009 278,330 716 $25,069.31 1 0 $15
September 2009 260,412 652 $23,619.16 i 0 $15
October 2009 228,163 598 $19,479.59 0 $15
November 2009 194,150 522 $17,211.53 49 $422
December 2009 219,060 547 $18,876.10 70 $46
January 2010 204,232 542 $17,887.18 220 $1,651
February 2010 196,323 553 $17,358.63 172 $1,195
March 2010 197,412 551 $17,464.33 240 $1,501
April 2010 202,153 556 $17,781.15 25 $172
May 2010 227,996 679* $19,568.80 0 $15
June 2010 282,179 653* $23,233.39 0 $15
July I 2010 264,767 754* $22,178.31 0 $15
I ' I 2,755,177 I 7,323 I $239,727.48 1 776 I $5,537
Regional Library, Southwest Address: 4001 Library Ln.
Distribution Commercial
Service Month Billed kWh Billed kW Charge Charge
JuI-09 60,548 116.1 $850.19 $4,337.05
Aug-09 53,910 125.1 $875.54 $3,861.56
Sep-09 53,123 99.9 $688.57 $3,515.18
Oct-09 48,578 93.6 $675.95 $3,214.41
Nov-09 47,745 95.4 $677.83 $3,159.32
Dec-09 47,160 102.6 $699.38 $3,120.61
Jan-10 45,428 81.9 $668.99 $3,005.97
Feb-10 30,285 1 81.0 $657.46 $2,003.97
Mar-10 41,265 92.7 $682.81 $2,730.53
Apr-10 41,108 95.2 $686.00 $2,720.11
May-10 42,368 101.7 $707.66 $2,803.48
Jun-10 53,078 1 122.4 $822.75 $3,512.20
Total 1 564,593 1,207.6 $8,693.13 $37,984.39
Water
Consumption
(CCF)
360.5
322.9
176.0
140.1
84.8
93.3
93.3
92.9
153.8
217.9
346.0
376.7
2,458.2 I
Water/Sewer/Irrigation
Water Sewer
Cost Cost
($) ($)
$314 $461
$281 $413
$153 $225
$122 $179
$74 $108
$81 $119
$81 $119
$66 $97
$134 $197
$190 $279
$301 I $443
$328 $482
$2,125 I $3,123
ES I I D: 10443720005579551
Total Charge
$5,187.24
$4,737.10
$4,203.75
$3,890.36
$3,837.15
$3,819.99
$3,674.96
$2,661.43
$3,413.34
$3,406.11
$3,511.14
$4,334.95
$46,677.52
Johnson Oita
Controls Confidential and Proprietary 39
City of Fort Worth - Phase Vlb Performance Contract
Location: Regional Library,
East Address: 6301 Bridge St.
Distribution
Service Month Billed kWh Billed kW Charge
Aug-09 39,270 112.500 $782.13
Sep-09 34,320 110.100 $733.08
Oct-09 22,815 94.200 $682.59
Nov-09 20,745 84.900 $666.79
Dec-09 21,375 74.100 $663.73
Jan-10 19,905 63.750 $646.71
Feb-10 23,610 66.750 $656.51
Mar-10 23,490 76.800 $635.55
Apr-10 22,740 85.350 $648.19
May-10 27,375 111.900 $744.28
Jun-10 38,400 122.550 $819.27
Jul-10 I 33,075 123.600 $821.95
Total 327,120 1,127 $8,500.78
Comm.Svcs., North Tri-Ethnic CC
Service Month
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Jul-10
Total
Billed kWh
37,440
33,600
19,680
15,840
32,160
47,520
46,176
25,020
18,864
19,116
29,880
39,060
364,356
Address: 2950 Roosevelt Ave.
Distribution
Charge
$914.24
$873.48
$864.36
$862.93
$873.61
$907.89
$1,024.91
$1,024.50
$1,020.47
$1,020.63
$1,004.73
$1,010.74
$11,402.49
Billed kW
129.6
129.6
129.6
129.6
129.6
134.4
192.0
154.1
154.1
154.1
154.1
154.1
1,744.8
NE Region, Handley-Meadowbrook CC
Service Month
Jul-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
Billed kWh
25,758
24,012
13,302
8,640
11,124
13,446
11,826
10,530
7,470
7,992
19,296
23,220
176,616
Commercial
Charge
$2,812.90
$2,270.98
$1,509.68
$1,372.72
$1,414.40
$1,317.13
$1,562.29
$1,554.35
$1,504.72
$1,811.42
$2,540.96
$2,188.59
$21,860.14
Commercial
Charge
$2,681.82
$2,223.34
$1,302.23
$1,048.15
$2,128.05
$3,144.43
$2,291.62
$1,655.59
$1,248.24
$1,264.92
$1,977.18
$2,584.63
$23,550.20
Address: 6201 Beaty St.
Distribution
Billed kW Charge
69.840 $510.78
63.000 $463.29
45.540 $ 376.42
47.880 $377.03
23.760 $340.12
26.640 $354.36
41.760 $377.38
23.940 $348.54
46.440 $ 382.71
46.620 $ 384.70
63.180 $437.01
64.440 $445.75
563 $4,798.09
Schedule 2.7
Exhibit 6
ESIID: 10443720008811241
Total Charge
$3,595.03
$3,004.06
$2,192.27
$2,039.51
$2,078.13
$1,963.84
$2,218.80
$2,189.90
$2,152.91
$2,555.70
$3,360.23
$3,010.54
$30,360.92
ESIID: 10443720002971738
Total Charge
Commercial
Charge
$1,845.03
$1,719.97
$880.20
$571.72
$736.08
$889.74
$782.53
$696.77
$494.29
$528.84
$1,276.83
$1,536.48
I $11,958.48
$3,596.06
$3,096.82
$2,166.59
$1,911.08
$3,001.66
$4,052.32
$3,316.53
$2,680.09
$2,268.71
$2,285.55
$2,981.91
$3,595.37
$34,952.69
ESIID: 10443720005578063
Total Charge
$2,355.81
$2,183.26
$1,256.62
$948.75
$1,076.20
$1,244.10
$1,159.91
$1,045.31
$877.00
$913.54
$1,713.84
$1,982.23
$16,756.57
Johnson ,4i%
Controls Confidential and Proprietary 40
City of Fort Worth - Phase Vib Performance Contract
SW Region, Southwest CC
Service Month
Jul-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
Billed kWh
31,716
28,872
15,624
11,808
10,428
14,196
10,896
9,168
9,096
12,528
28,164
28,152
210,648
Comm.Svcs., Andrew "Doc" Sessions Ctr.
Service Month
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Jul-10
Total
Comm.Svcs., Southside CC
Service Month
Jul-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
Billed kWh
14,886
13,023
10,197
9,234
19,719
17,793
22,986
8,433
5,805
7,686
14,175
12,402
156,339
Billed kWh
32,535
31,455
20,790
13,995
14,040
14,760
12,780
12,465
10,800
13,725
20,655
25,830
223,830
Address: 6300 Welch Ave.
Distribution
Billed kW Charge
89.04 $634.32
89.04 $629.27
89.04 $591.97
93.84 $620.92
89.04 $589.29
89.76 $610.02
89.04 $601.61
87.12 $591.25
89.04 $603.83
89.04 $606.08
72.00 $511.86
84.00 $572.23
1,050 $7,162.65 1
Commercial
Charge
$2,271.81
$2,068.09
$1,033.85
$781.35
$690.03
$939.36
$720.99
$606.64
$601.89
$828.99
$1,863.63
$1,862.84
$14,269.47
Address: 201 5 Sylvania Ave 76111
Distribution
Billed kW Charge
43.29 $533.90
38.52 $509.99
67.41 $553.82
70.47 $558.00
88.74 $607.39
88.92 $606.12
88.74 $612.93
88.74 $603.39
88.74 $601.67
30.51 $412.95
53.37 $453.36
53.37 $452.20
801 $6,505.72
Address: 959 E. Rosedale St.
Distribution
Billed kW Charge
93.6 $621.25
86.4 $608.97
68.9 $499.82
58.1 $478.31
44.6 $457.47
46.8 $471.36
41.9 $462.03
51.3 $478.23
42.8 $463.98
52.7 I $482.34
76.1 $518.02
85.5 $583.03
748.4 $6,124.81
Commercial
Charge
$1,066.28
$861.74
$674.74
$611.02
$1,304.82
$1,177.37
$1,520.99
$558.02
$384.12
$508.59
$937.97
$820.64
$10,426.30
Commercial
Charge
$2,330.47
$2,253.12
$1,375.69
$926.06
$929.03
$976.68
$845.66
$824.81
$714.65
$908.20
$1,366.76
$1,709.19
$15,160.32
Schedule 2.7
Exhibit 6
ESIID: 10443720005578280
Total Charge
$2,906.13
$2,697.36
$1,625.82
$1,402.27
$1,279.32
$1,549.38
$1,322.60
$1,197.89
$1,205.72
$1,435.07
$2,375.49
$2,435.07
$21,432.12
ESIID: 10443720005598461
Total Charge
$1,600.18
$1,371.73
$1,228.56
$1,169.02
$1,912.21
$1,783.49
$2,133.92
$1,161.41
$985.79
$921.54
$1,391.33
$1,272.84
$16,932.02
ESIID: 10443720002971800
Total Charge
$2,951.72
$2,862.09
$1,875.51
$1,404.37
$1,386.50
$1,448.04
$1,307.69
$1,303.04
$1,178.63
$1,390.54
$1,884.78
$2,292.22
$21,285.13
Johnson ',i•
Controls Confidential and Proprietary 41
City of Fort Worth - Phase Vib Performance Contract
Fort Worth Nature Center
Service Month Billed kWh Billed kW
Aug-09 9,000 30.0
Sep-09 6,420 25.8
Oct-09 3,240 18.0
Nov-09 2,880 15.0
Dec-09 10,200 71.4
Jan-10 17,400 49.2
Feb-10 12,780 73.2
Mar-10 8,760 39.6
Apr-10 4,380 31.2
May-10 2,880 21.6
Jun-10 7,020 30.6
Jul-10 8,400 31.8
Total 93,360 I 437
Municipal Parking Garage
Service Month Billed kWh Billed kW
Aug-09 27,864 60.1
Sep-09 24,084 56.9
Oct-09 18,612 45.7
Nov-09 15,516 49.0
Dec-09 16,200 41.0
Jan-10 14,112 39.6
Feb-10 14,220 39.2
Mar-10 16,128 48.6
Apr-10 14,652 34.9
May-10 16,452 42.8
Jun-10 24,192 53.6
Jul-10 21,276 70.6
Total 223,308 582.1
Comm.Svcs., Northside CC
Service Month
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Jul-10
Total
Billed kWh
54,225
48,300
27,000
18,750
18,375
17,550
16,875
23,625
18,525
22,425
45,600
48,900
360,150
Address: 9601 Fossil Ridge Rd.
Distribution
Charge
$292.87
$262.35
$247.83
$243.11
$478.52
$392.28
$502.46
$378.36
$360.69
$344.91
$353.77
$356.32
$4,213.47
Distribution
Charge
$449.18
$789.53
$352.70
$351.37
$338.97
$342.99
$341.45
$360.63
$336.66
$350.99
$384.75
$487.61
$4,886.83
Address: 1801 Harrington St.
Distribution
Billed kW Charge
133.5 $932.43
126.8 $820.04
104.3 $750.39
67.5 $688.12
43.5 $649.35
43.5 $664.41
43.5 $663.96
51.0 $681.57
63.0 $697.96
84.8 $736.68
80.3 $726.20
132.8 $887.78
974.3 $8,898.89
Schedule 2.7
Exhibit 6
ESIID: 10443720002970436
Commercial
Charge Total Charge
$644.66 $937.53
$424.82 $687.17
$214.39 $462.22
$190.57 $433.68
$674.94 $1,153.46
$1,151.37 $1,543.65
$845.66 $1,348.12
$ 579.66 $958.02
$289.82 $650.51
$190.57 $535.48
$464.52 $818.29
$555.83 $912.15
$6,226.81 $10,440.28
ESIID: 10443720005579830
Commercial
Charge Total Charge
$1,995.89 $2,445.07
$1,593.65 $2,383.18
$1,231.57 $1,584.27
$1,026.70 $1,378.07
$1,071.96 $1,410.93
$933.80 $1,276.79
$940.95 a $1,282.40
$1,067.21 $1,427.84
$969.54 $1,306.20
$1,088.63 $1,439.62
$1,600.81 $1,985.56
$1,407.84 $1,895.45
$14,928.55 $19,815.38
ESIID: 10443720002971924
Commercial
Charge Total Charge
$3,884.12 $4,816.55
$3,196.04 $4,016.08
$1,786.60 $2,536.99
$1,240.70 $1,928.82
$1,215.88 $1,865.23
$1,161.29 $1,825.70
$1,116.63 $1,780.59
$1,563.29 $2,244.86
$1,225.82 $1,923.78
$1,483.87 $2,220.55
$3,017.39 $3,743.59
$3,235.75 $4,123.53
$24,127.38 1 $33,026.27
Aff,Johnson t
Controls Confidential and Proprietary 42
City of Fort Worth - Phase Vib Performance Contract
Comm.Svcs., Como CC
Service Month Billed kWh
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
JuI-10
Total
Comm.Svcs., Worth Heights CC
Service Month
JuI-09
Aug-09
Sep-09
Oct-09
Nov 09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
45,918
39,060
24,066
21,132
24,012
25,290
28,260
20,466
16,866
23,004
40,590
38,268
346,932
Billed kWh
36,558
34,848
23,256
14,112
13,986 ,
14,220
13,212
14,076
14,778 I
14,454
24,102
35,280
252,882
Comm.Svcs., Martin Luther King CC
Service Month
JuI-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
Billed kWh
47,988
49,392
35,910
11,340
17,244
19,692
18,144
17,982
15,912
19,800
28,638
38,916
320,958
Address: 4900 Horne St.
Distribution
Billed kW Charge
122.0 $851.44
122.0 $809.84
87.8 $636.67
66.6 $601.82
66.6 $603.71
73.3 $627.35
65.5 $618.06
58.3 $602.33
78.1 $632.85
78.1 $951.44
94.7 $661.72
103.9 $702.11
1,017.0 $8,299.34
Address: 3551 New York Ave.
Distribution
Billed kW Charge
119.2 $826.42
109.6 $712.26
96.1 $639.93
70.6 $590.03
40.3 $572.30
40.3 $553.11
40.9 $554.05
46.3 $564.42
53.3 $576.38
69.3 $602.47
98.3 $655.85
106.6 $718.65
890.6 $7,565.87
Address: 5565 Truman Dr.
Distribution
Billed kW Charge
122.8 $801.31
127.3 $875.91
112.9 $752.54
86.6 $645.69
74.7 $630.28
58.3 $618.26
54.2 $610.82
56.3 $616.07
81.2 $655.81
77.0 $651.79
101.0 $681.84
105.3 $708.69
1057.5 $8,249.01
Commercial
Charge
$3,289.09
$2,584.63
$1,592.47
$1,398.32
$1,588.89
$1,673.45
$1,869.98
$1,354.25
$1,116.04
$1,522.19
$2,685.87
$2,532.23
$23,207.41
Commercial
Charge
$2,618.64
$2,305.91
$1,538.87
$933.80
$925.46
$940.95
$874.25
$931.41
$977.87
$956.44
$1,594.85
$2,334.50
$16,932.95
Commercial
Charge
$3,437.37
$3,537.93
$2,376.18
$750.38
$1,141.05
$1,303.03
$1,200.61
$1,189.88
$1,052.90
$1,310.17
$1,894.99
$2,575.10
$21,769.59
Schedule 2.7
Exhibit 6
ESIID: 10443720005579954
Total Charge
$4,140.53
$ 3, 394.47
$2,229.14
$2,000.14
$2,192.60
$2,300.80
$2,488.04
$1,956.58
$1,748.89
$2,473.63
$3,347.59
$3,234.34
$31,506.75
ESIID: 10443720002971676
Total Charge
$3,445.06
$3,018.17
$2,178.80
$1,523.83
$1,497.76
$1,494.06
$1,428.30
$1,495.83
$1,554.25
$1,558.91
$2,250.70
$3,053.15
$24,498.82
ESIID: 10443720005579768
Total Charge
$4,238.68
$4,413.84
$3,128.72
$1,396.07
$1,771.33
$1,921.29
$1,811.43
$1,805.95
$1,708.71
$1,961.96
$2,576.83
$3,283.79
$30,018.60
Johnson , ,.•
Controls Confidential and Proprietary 43
City of Fort Worth Phase Vib Performance Contract
SW Region, R.D.Evans CC
Service Month
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Jul-10
Total
Billed kWh
SW Region, Thomas Place CC
Service Month
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Fe b- 10
Mar 10
Apr-10
May-10
Jun-10
Jul-10
Total
Billed kWh
SW Region, Highland Hills CC
Service Month
Jul-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
6,278
5,865
3,660
2,513
3,915
4,568
3,578
3,015
3,143
3,510
6,735
6,285
53,063
10,716
7,014
4,608
3,984
4,020
3,672
4,080
3,696
4,350
5,724
8,856
9,828
70,548
Billed kWh
22,116
20,148
15,504
5,856
7,188
9,552
7,308
7,272
6,084
5,664
10,908
17,688
135,288
Address: 3242 Lackland Rd.
Billed kW Distribution
Charge
16.1 $157.97
15.7 $147.98
13.1 $117.74
11.4 $104.81
11.1 $105.72
13.7 $126.95
10.9 $107.48
10.4 $101.22
12.1 $113.93
11.8 $114.17
15.1 $133.00
13.4 $120.36
154.7 $1,451.33
Address: 4237 Lafayette Ave.
Distribution
Charge
28.1 $236.43
26.1 $199.71
25.8 $198.14
22.6 $184.05
11.9 $166.41
12.4 $169.84
12.9 $171.70
14.6 $170.56
21.6 $177.83
25.7 $203.99
27.5 $214.48
27.2 $208.97
256.4 $2,302.11
Billed kW
Address: 1600 Glasgow Rd.
Distribution
Billed kW Charge
69.6 $508.40
65.3 $440.68
54.8 $387.77
45.2 $365.85
25.4 $334.61
25.4 $343.93
25.2 $342.46
22.9 $340.08
30.8 $ 352.47
44.9 $375.20
63.2 $431.51
66.4 $454.45
539.3 $4,677.41
Commercial
Charge
$449.69
$420.12
$242.19
$166.25
$259.05
$302.23
$236.73
$199.51
$207.95
$232.26
$445.66
$415.88
$3,577.52
Commercial
Charge
$767.59
$464.12
$304.92
$263.63
$266.01
$242.98
$269.97
$244.57
$287.84
$378.76
$586.00
$650.33
$4,726.72
Commercial
Charge
$1,584.17
$1,333.20
$1,025.91
$387.50
$475.63
$632.06
$483.57
$481.19
$402.59
$374.78
$721.79
$1,170.44
$9,072.83
Schedule 2.7
Exhibit 6
ESIID: 10443720006016095
Total Charge
$607.66
$568.10
$359.93
$271.06
$364.77
$429.18
$344.21
$300.73
$321.88
$346.43
$578.66
$536.24
$5,028.85
ESIID: 10443720002970250
Total Charge
$1,004.02
$663.83
$503.06
$447.68
$432.42
$412.82
$441.67
$415.13
$465.67
$582.75
$800.48
$859.30
$7,028.83 _
ESIID: 10443720005334246
Total Charge
$2,092.57
$1,773.88
$1,413.68
$753.35
$810.24
$975.99
$826.03
$821.27
$755.06
$749.98
$1,153.30
$1,624.89
$13,750.24
Johnson J ,k��
Controls Confidential and Proprietary 44
City of Fort Worth - Phase Vib Performance Contract
SW Region, Greenbriar CC
Service Month Billed kWh
Aug-09 30,744
Sep-09 18,036
Oct-09 11,016
Nov-09 6,588
Dec-09 9,954
Jan-10 8,766
Feb-10 8,784
Mar-10 7,812
Apr-10 7,542
May-10 11,610
Jun-10 25,344
Jul-10 24,048
Total 1
NE Region, Bertha Collins CC
Service Month
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Jul-10
Total
170,244 I
Address: 5200 Hemphill St.
Distribution Commercial
Billed kW Charge Charge
68.94 $507.76 $2,202.18
64.32 $458.54 $1,193.45
55.62 $409.10 $728.93
48.06 $393.84 $435.93
26.82 $362.32 $658.66
28.98 $373.16 $580.05
23.40 $363.54 $581.24
24.30 $365.43 $516.93
33.66 $499.06 $381.70
46.26 $768.25 $404.08
57.78 $1,677.04 1 $410.16
59.22 $1,591.27 $415.48
537.36 $7,769.31 $8,508.79
Billed kWh Billed kW Charge Charge
21,798 44.1 $403.15 $1,561.39
16,524 60.7 $420.72 $1,093.40
7,038 50.0 $383.72 $465.70
3,888 50.0 $381.66 $257.27
4,806 50.0 $390.30 $318.02
3,888 50.0 , $389.70 $257.27
4,176 50.0 $391.80 $276.33
3,150 , 50.0 $391.12 $208.44
7,092 46.8 $388.78 $469.29
8,046 42.5 , $372.53 $532.40
17,190 58.5 $410.99 $1,137.47
16,812 63.0 $435.38 $1,112.46
114,408 615.8 $4,759.85 $7,689.44
NE Region, Diamond Hill CC
Service Month
Ju I-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
Billed kWh
Schedule 2.7
Exhibit 6
ESIID: 10443720002970312
Total Charge
$2,709.94
$1,651.99
$1,138.03
$829.77
$1,020.98
$953.21
$944.78
$882.36
$880.76
$1,172.33
$2,087.20
$2,006.75
$16,278.10
Address: 1501 Martin Luther King Fwy. ESIID: 10443720005578125
Distribution Commercial
Total Charge
$1,964.54
$1,514.12
$849.42
$638.93
$708.32
$646.97
$668.13
$599.56
$858.07
$904.93
$1,548.46
$1,547.84
$12,449.29
Address: 1701 NE 37th St. ESIID: 10443720005578001
Distribution Commercial
Billed kW Charge Charge Total Charge
31,788 83.8 $602.89 $2,355.18 $2,958.07
35,850 78.8 $571.22 $2,276.96 $2,848.18
21,198 76.9 $521.98 $2,567.93 $3,089.91
19,068 72.0 $517.15 $1,402.69 , $1,919.84
31,932 1 72.0 $490.48 $1,261.75 $1,752.23
14,640 76.9 $528.48 $968.74 $1,497.22
14,202 76.9 $435.25 $939.76 $1,375.01
14,196 48.0 $526.31 $939.36 $1,465.67
6,378 76.9 $460.96 $422.03 $882.99
20,550 59.6 $504.02 $1,359.81 $1,863.83
41,208 84.5 $580.78 $2,726.75 $3,307.53
37,800 84.5 $578.55 $2,501.25 $3,079.80
288,810 890.8 $6,318.07 $19,722.21 I $26,040.28
Johnson ,4i-
Controls Confidential and Proprietary 45
City of Fort Worth - Phase Vib Performance Contract
NE Region, Riverside CC
Service Month
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
JuI-10
Total
Billed kWh
33,300
24,705
19,395
10,890
13,680
12,105
12,915
11,385
12,375
16,965
30,555
28,665
226,935 1
NE Region, Eugene McCray CC
Service Month Billed kWh
Jul-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
NE Region, Hillside CC
Service Month Billed kWh
Jul-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
Address: 3700 E. Belknap St.
Distribution
Billed kW Charge
91.8 $647.53
85.1 $573.38
61.7 $510.94
39.2 $468.45
35.6 $476.32
33.8 $472.08
31.5 $470.62
42.8 $487.70
53.6 $506.43
74.7 $532.03
83.3 $567.64
81.5 $554.08
714.2 $6,267.20
Commercial
Charge
$2,385.28
$1,634.75
$1,283.38
$720.60
$905.22
$801.00
$854.60
$753.35
$818.87
$1,122.59
$2,021.85
$1,896.78
$15,198.27
Address: 4932 Wilbarger St.
Distribution Commercial
Billed kW Charge Charge
21,336 64.4 $438.11 $1,528.30
21,186 59.2 $434.21 $1,517.55
14,388 61.4 $419.32 $952.06
8,886 42.2 $340.31 $587.99
8,508 37.7 $333.65 $562.97
9,312 34.4 $334.89 $616.19
7,446 25.6 $320.82 $492.71
7,752 24.8 $320.37 $512.96
6,492 20.0 $311.32 $429.57
7,140 37.3 $339.69 $472.46
12,066 59.5 $413.79 $798.42
18,618 63.8 $442.73 $1,231.97
143,130 530.3 $4,449.21 $9,703.15
Address: 1201 E. Maddox Ave.
Distribution Commercial
Billed kW Charge Charge
27,036 67.920 $499.02 $1,936.58
27,516 65.640 $451.31 $1,820.75
14,712 58.560 $407.27 $973.50
6,720 58.560 $402.51 $444.67
6,900 31.920 $336.59 $456.58
8,400 28.680 $340.26 $555.83
7,140 31.080 $342.65 $472.46
5,976 32.040 $344.70 $395.43
6,588 45.000 $366.49 $435.93
7,812 42.480 $362.35 $435.93
15,036 56.640 $397.26 $994.95
22,656 63.600 $445.38 $1,499.16
156,492 582.1 $4,695.79 $10,421.77
Schedule 2.7
Exhibit 6
1 ESIID: 10443720005578187
Total Charge
$3,032.81
$2,208.13
$1,794.32
$1,189.05
$1,381.54
$1,273.08
$1,325.22
$1,241.05
$1,325.30
$1,654.62
$2,589.49
$2,450.86
$21,465.47
ESIID: 10443720008416702
Total Charge
$1,966.41
$1,951.76
$1,371.38
$928.30
$896.62
$951.08
$813.53
$833.33
$740.89
$812.15
$1,212.21
$1,674.70
$14,152.36
ESIID: 10443720002970374
Total Charge
$2,435.60
$2,272.06
$1,380.77
$847.18
$793.17
$896.09
$815.11
$740.13
$802.42
$798.28
$1,392.21
$1,944.54
$15,117.56
Johnson ', .��
Controls Confidential and Proprietary 46
City of Fort Worth - Phase Vib Performance Contract
NE Region, Sycamore CC
Service Month
Jul-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
East Berry Branch Library
Service Month
Jul-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
Billed kWh
46,260
31,437
24,291
10,161
9,441
12,465
9,783
9,720
9,333
9,063
16,542
26,622
215,118
Billed kWh
23,322
20,718
13,368
13,362
6,612
9,168
8,112
7,980
10,362
9,306
11,670
13,596
Diamond Hill/Jarvis Branch Library
Service Month Billed kWh
Jul-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
147,576
Address: 2525 E. Rosedale Ave.
Distribution
Billed kW Charge
107.5 $585.89
74.2 $500.46
75.3 $511.74
48.2 $418.88
36.3 $399.13
30.5 $402.13
31.0 $400.38
26.3 $393.31
35.8 $409.49
40.3 $415.90
64.8 $452.06
73.4 $503.43
643.7 $5,392.80
Address: 4300 E. Berry St.
Distribution
Billed kW Charge
49.1 $376.95
47.5 $342.07
44.4 $314.35
36.0 $288.21
39.8 $290.22
32.1 $284.91
34.1 $287.42
30.7 $283.71
38.9 $298.42
34.1 $289.51
39.2 $293.16
41.3 $297.70
467.2 $3,646.63
Commercial
Charge
$2,485.19
$2,251.83
$1,607.35
$672.36
$624.72
$824.81
$647.35
$643.17
$617.57
$599.71
$1,094.59
$1,761.59
$13,830.24
Commercial
Charge
$1,670.56
$1,484.02
$884.58
$884.18
$437.52
$606.64
$536.78
$528.04
$685.66
$615.79
$772.21
$899.66
$10,005.64
Address: 1300 NE 35th St.
Distribution Commercial
Billed kW Charge Charge
21,108 45.2 $350.32 $1,511.97
21,828 45.2 $349.17 $1,563.53
15,696 I 40.8 $297.45 $1,038.62
12,252 40.8 $295.52 $810.72
9,852 40.8 $293.94 $651.92
8,472 40.8 $298.89 $560.60
8,652 , 40.8 $299.01 $572.51
7,860 40.8 $300.05 $520.10
10,344 , 40.8 $301.68 $684.47
11,760 40.8 $302.60 $778.16
19,056 38.8 $288.96 $1,260.94
18,996 41.0 $301.23 $1,256.98
165,876 1 496.7 $3,678.82 $11,210.52
Schedule 2.7
Exhibit 6
ESIID: 10443720005578435
Total Charge
$3,071.08
$2,752.29
$2,119.09
$1,091.24
$1,023.85
$1,226.94
$1,047.73
$1,036.48
$1,027.06
$1,015.61
$1,546.65
$2,265.02
$19,223.04
ESIID: 10443720002971521
Total Charge
$2,047.51
$1,826.09
$1,198.93
$1,172.39
$727.74
$891.55
$824.20
$811.75
$984.08
$905.30
$1,065.37
$1,197.36
$13,652.27
ESIID: 10443720005579272
Total Charge
$1,862.29
$1,912.70
$1,336.07
$1,106.24
$945.86
$859.49
$871.52
$820.15
$986.15
$1,080.76
$1,549.90
$1,558.21
$14,889.34
Johnson ! �-
Controls Confidential and Proprietary 47
City of Fort Worth -- Phase Vib Performance Contract
Summerglen Branch Library
Service Month
JuI-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Total
Billed kWh
Riverside Branch Library
Service Month
Jul-09
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr 10
May-10
Jun-10
Total
Billed kWh
Address: 4205 Basswood Blvd.
Distribution Commercial
Billed kW I Charge Charge
35,076 70.3 $516.88 $2,512.48
34,380 68.6 $473.28 $2,274.95
23,388 66.5 $455.91 $1,547.60
17,412 60.1 $424.74 $1,152.17
23,808 66.4 $456.71 $1,575.39
32,652 69.4 $490.39 $2,160.61
21,876 71.4 $495.87 $1,447.55
20,604 88.8 $611.37 $1,363.38
14,892 66.5 $485.78 $985.41
13,032 46.3 $451.70 $862.33
18,408 57.1 $462.72 $'1,218.07
22,092 60.6 $471.70 $1,461.84
277,620 792.0 I $5,797.05 $18,561.78
Schedule 2.7
Exhibit 6
ES I I D: 10443720007714211
Total Charge
$3,029.36
$2,748.23
$2,003.51
$1,576.91
$2,032.10
$2,651.00
$1,943.42
$1,974.75
$1,471.19
$1,314.03
$1,680.79
$1,933.54
$24,358.83
Address: 2913 Yucca Ave. ESIID: 10443720005579675
Distribution Commercial
Billed kW Charge Charge Total Charge
18,207 41.8 $329.52 $1,304.16 $1,633.68
16,947 41.0 $298.84 $1,121.40 $1,420.24
10,458 36.0 $263.34 $692.01 $955.35
9,891 39.7 $287.84 $654.49 $942.33
8,865 34.8 $256.46 $586.61 $843.07
8,289 21.9 $235.59 $548.50 $784.09
7,848 30.4 $248.14 $519.30 $767.44
7,992 25.2 $241.16 $528.84 $770.00
9,810 30.1 $250.59 $649.13 $899.72
10,548 31.1 $252.71 $697.97 $950.68
14,301 41.4 $298.16 $946.31 $1,244.47
15,984 41.5 $299.26 $1,057.67 $1,356.93
139,140 414.9 $3,261.61 $9,306.39 $12,568.00 ,
Johnson ! ,t�
Controls Confidential and Proprietary 48
City of Fort Worth - Phase Vib Performance Contract
Building
Fort Worth Convention
Center
Fort Worth Central
Library
Municipal Parking
Garage
Regional Library,
Southwest
Regional Library, East
Comm.Svcs., North Tri-
Ethnic CC
Comm.Svcs., Andrew
"Doc" Sessions Ctr.
Comm.Svcs., Southside
CC
SW Region, Southwest
CC
NE Region, Handley-
Meadowbrook CC
Fort Worth Nature center
Pre -Retrofit Facility Occupancy Hours
Area
Admin Offices
Central Plant Office
Break Room
Public Areas
Open Offices
Private Offices
Offices
Lobby
Hertz
Entire Facility
Entire Facility
Community Center
Clinic and Office
Day Care
Community Center
Community Center
Community Center
Community Center
Nature Center
Weekday Hours
7:00 AM — 7:00 PM
7:00 AM — 7:00 PM
7:00 AM — 7:00 PM
M,W,F 10:00 AM — 6:00 PM
Tu, Th 12:00 PM — 8:00 PM
M,W,F 10:00 AM — 5:00 PM
Tu, Th 12:00 PM — 7:00 PM
8:00 AM — 5:00 PM
7:00 am - 5:30 pm
5:30 am - midnight
8:00 am - 6:00 pm
Mon - Wed, Fri 10:00 am - 6:00 pm Thu
noon - 9:00 pm
Mon - Wed, Fri 10:00 am - 6:00 pm Thu
noon - 9:00 pm
Mon, Wed, Fri 8:00 am - 9:00 pm Tues,
Thur 8:00 am - 10:00 pm
8:00 am - 5:00 pm
7:30 am - 6:00 pm
8:00 am - 5:00 pm
Mon, Tues, 8:00 am - 8:00 pm
Wed, Thur, Fri 8:00 am - 6:00 pm
Mon, Thur, 8:30 am - 8:00 pm
Tues, Wed, 1:00 pm - 8:00 pm
Fri 2:00 pm - 6:00 pm
Mon - Thu 10:00 am - 8:00 pm
Mon - Fri 9:00 am - 4:30 pm
Saturday
Hours
10:00 AM —
6:00 PM
10:00 AM —
6:00 PM
10:00 AM —
6:00 PM
10:00 AM —
6:00 PM
10:00 AM —
5:00 PM
10:00 AM —
1:00 PM
closed
closed
8:00 am -
4:00 pm
10:00 am -
6:00 pm
10:00 am -
6:00 pm
closed
closed
closed
closed
closed
9:00 AM --
1:00 PM
9:00 AM-
12:00 PM
9:00 AM -
4:30 PM
Schedule 2.7
Exhibit 6
Sunday
Hours
10:00 AM —
7:00 PM
10:00 AM —
7:00 PM
10:00 AM --
7:00 PM
1:00 PM —
5:00 PM
1:00 PM —
4:00 PM
1:00 PM —
4:00 PM
closed
closed
8:00 am -
4:00 pm
noon - 6:00
pm
noon - 6:00
pm
closed
closed
closed
closed
closed
closed
closed
12:00 PM —
4:30 PM
Weeks
per Annual
Year Hours
Notes: All Weekday, Saturday and Sunday hours are daily averages. Daily occupancy times will vary some each
week.
51 3,927
51 3,927
51 3,927
51 2,550
51 2,295
51
50
50
2,601
2,625
4,625
50 3,300
50 3,200
50 3,200
50
50
50
3,350
2,250
2,625
50 2,250
50 2,850
50 2,250
50 2,150
51 2,525
Johnson akv
�
,
Controls Confidential and Proprietary 49
City of Fort Worth - Phase Vila Performance Contract
Pre -Retrofit Lighting operating Hours - Parking Lots
Pre -Retrofit operating hours
Location (hrs/yr)
Municipal Parking Garage 7,884
City Hall parking lot 3,996
Comm.Svcs., Southside CC 3,996
Comm.Svcs., Andrew "Doc" Sessions Ctr. 3,996
Comm.Svcs., Northside CC 3,996
Comm.Svcs., Como CC 3,996
Comm.Svcs., North Tri-Ethnic CC 3,996
Comm.Svcs., Worth Heights CC 3,996
Comm.Svcs., Martin Luther King CC 3,996
SW Region, R. D. Evans CC 3,996
SW Region, Thomas Place CC 3,996
SW Region, Highland Hills CC 3,996
SW Region, Greenbriar CC 3,996
SW Region, Southwest CC 3,996
NE Region, Bertha Collins CC 3,996
NE Region, Diamond Hill CC 3996
NE Region, Riverside CC 3,996
NE Region, Eugene McCray CC 3,996
NE Region, Handley-Meadowbrook CC 3,996
NE Region, Hillside CC 3,996
NE Region, Sycamore CC 3,996
East Berry Branch Library 3,996
Diamond Hill/Jarvis Branch Library 3,996
Summerglen Branch Library 3,996
Riverside Branch Library 3,996
FWCC Parking Garage 8,760
Pre -Retrofit Lighting operating Hours - FWCC Exhibit Halls
Location
FWCC Exhibit Halls
Pre -Retrofit operating hours
(hrs/yr)
3,148
Pre -Retrofit Lighting operating Hours - FWCC
IRE;:'TYPE a v r
=:e P retrofftbof
PRIVATE OFFICE P 2,497
MEETING ROOM M 274
OPEN OFFICE 0 3,148
RESTROOM R 2,332
STORAGE S 1,142
HALLWAY H 5,151
EXTERIOR E 4,368
EXITS X 8,760
Schedule 2.7
Exhibit 6
Johnson ,4,%
Controls Confidential and Proprietary 50
City of Fort Worth — Phase Vib Performance Contract
0
v
v
8 CD L N
N i` r 1` i` CO
ty QO ,r LC]
up
0
aacuoIx
i
LU
CL 0 W
W°cc U2
Wu-0W>,
t� W 0.. w mi0<
cL 2 O (X u) r
ti
N
Pre -Retrofit Plumbing Fixture inventory
Dish -washer And Misc. Use device
Food Service Hand Sink 2.2 GPM
Food Service Prep Sink 4 GPM
Pot Wash Sink 4 GPM
Efficient Non -Adaptable Use Sinks
Shower 4 GPM
Mop Sink 5 GPM
General Purpose Sinks 2.2 GPM
Efficient! Non -Adaptable Faucets
RR Sinks Single Spigot Cold only 2.0 GPM
RR Sinks 4" 18" Faucet 2.08 GPM
RR Sinks 4"/8" Faucet 2.2 GPM
Faucets Delay Spigot Cold only 2.0 GPM
Faucets Self closing spigot Cold Only 1.5 GPM
Urinal 1.5 GPF
Urinal 1.0 GPF
Toilet 1.6 GPF
Toilet 5.0 GPF
Toilet 5.0 GPF
Total Existing Fixtures Surveyed
Building
N 0 N
to
M
0)
to
to
co
0
cD
0
M
am
M
0
C.
ti
co
as
1
Co
Z:\-1 N
C.
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WQ W
Confidential and Proprietary
City of Fort Worth - Phase Vib Performance Contract
Pre -Retrofit Plumbing Fixture Use Data
Staff Staff Staff Visitor Visitor
Facility Qty HPD DPY City HPD
Convention
Center 75 9 300 3500 5
Central
Library 60 9 360 900 2
HPD - Hours per Day
DPY - Days per Year
UPY - Uses per Year
MPU - Minutes per Use
FPY - Flushes per Year
MPD - Minutes per Day
Month
January -
February
March
April
ay
June'M
July
Augtrst
September
October
November
December
Fraction of
month
used
(0 -1)
.00
1,00
'1.00
1.00
1.00
1:+04
1.00
1..
1-.00
1:3
Solar radiation (horizontal)
Solar radiation (tithed surface)
Average temperature
Average wind speed
Visitor
DPY
Restroom
Sink
UPY
Restroom
Sink Toilet
MPU FPY
Schedule 2.7
Exhibit 6
General General
Purpose Purpose
Urinal Shower Shower Sink Sink
FPY MPD DPY MPD DPY
300 11789 0.25 6559 3008 12 300 30 300
360 16269 0.25 7592 7592 , 0 360 30 360
Pre -Retrofit Solar Weather Data
Monthly average
daily radiation
on horizontal
surface
f kWhim2ld)
MW hhm2
MW h/m2
°D
rnis
Monthly
average
temperature
6.1
6.7
3.6.'.'.
18.6
.9
°49;:
Annual
1.79
1.94
18.3
4.7
Monthly
average
relative
humidity
67.5
.5:
63.8
65.4
69,7
65.8
59.8::
59.5.
66.5
65.8
67.
675"
Season of Use
1.79
1.94
18.3
4.7
Monthly
average
wind speed
(rats)
Monthly average
daily radiation
in plane of
solar collector
(kWh/m2/d)
4.05
a/
4.63
5. 33
5.69
5.90
6.31
6.51
6.29
5. 64
5.15
4.33
3.88
Johnson �j,��
Controls Confidential and Proprietary 52
City of Fort Worth - Phase Vib Performance Contract
Schedule 2.7
Exhibit 7
POST -RETROFIT CONDITIONS
Post -Retrofit Facility Occupancy Hours
Post -retrofit Facility Occupancy Hours will be the same as Pre -Retrofit Facility Occupancy Hours shown in Exhibit
6.
Post -Retrofit Lighting Operating Hours — Parking Lots
Post -Retrofit Low Level Post -Retrofit High Level
operating hours operating hours
Location (hrs/yr) (hrslyr)
Municipal Parking Garage 5913 1,971
City Hall parking lot 2997 999
Comm.Svcs., Southside CC 2997 999
Comm.Svcs., Andrew "Doc" Sessions Ctr. 2997 999
Comm.Svcs., Northside CC 2997 999
Comm.Svcs., Como CC 2997 999
Comm.Svcs., North Tri-Ethnic CC 2997 999
Comm.Svcs., Worth Heights CC 2997 999
Comm.Svcs., Martin Luther King CC 2997 999
SW Region, R.D.Evans CC 2997 999
SW Region, Thomas Place CC 2997 999
SW Region, Highland Hills CC 2997 999
SW Region, Greenbriar CC 2997 999
SW Region, Southwest CC 2997 999
NE Region, Bertha Collins CC 2997 999
NE Region, Diamond Hill CC 2997 999
NE Region, Riverside CC 2997 999
NE Region, Eugene McCray CC 2997 999
NE Region, Handley-Meadowbrook CC 2997 999
NE Region, Hillside CC 2997 999
NE Region, Sycamore CC 2997 999
East Berry Branch Library 2997 999
Diamond Hill/Jarvis Branch Library 2997 999
Summerglen Branch Library 2997 999
Riverside Branch Library 2997 999
Post -Retrofit Lighting Operating Hours — FWCC Exhibit Halls
Post -retrofit Lighting Operating Hours will be the same as Pre -Retrofit Lighting Operating Hours shown in Exhibit 6.
Johnson / A.
Controls Confidential and Proprietary 53
City of Fort Worth — Phase Vib Performance Contract
Post -Retrofit Lighting operating Hours — FWCC
Post -retrofit
AREA TYPE Area Code : hours
PRIVATE OFFICE P 1,153
MEETING ROOM M 274
OPEN OFFICE 0 1,684
RESTROOM R 271
STORAGE . S 248
HALLWAY H 5,151
EXTERIOR E 4,368
EXITS X 8,760
Post -Retrofit Lighting operating Hours — Central Library
AREA a:
PRIVATE OFFICE P
MEETING ROOM M
OPEN OFFICE 0
RESTROOM R
STORAGE S
HALLWAY H
24-7 X
st-re
1,004
410
2,524
2,074
445
5,820
8,760
Post -Retrofit Plumbing Fixture Use Data
Schedule 2.7
Exhibit 7
Post -retrofit Plumbing Fixture Use Data will be the same as Pre -Retrofit Plumbing Fixture Use Data shown in
Exhibit 6.
Johnson ' ,/
Controls Confidential and Proprietary 54
City of Fort Worth -- Phase Vib Performance Contract
Schedule 2.7
Exhibit 7
Post -Retrofit Maximum Derate Factors for Solar PV Systems (Systems PV-A, PV-B. PV-C. and PV-D)
Component Derate Factors Component I Range of
Derate Values -; Acceptable Values
PV module nameplate DC rating
Inverter and Transformer
Mismatch
Diodes and connections
DC wiring
AC wiring
Soiling
System availability
Shading
Sun -tracking
Age
0.95
0.92
0.98
0.80 - 1.05
0.88 - 0.98
0.97-0.995
0.995
.,.0.98
0.99
0.95
0.98
1.00
1.00
y
0.99 - 0.997
0.97 - 0.99
0.98 - 0.993
0.30 - 0.995
0.00 - 0.995
0.00 - 1.00
0.95 - 1.00
0.70 - 1.00
Overall DC to AC derate factor I 0.77 (PVWA TTS Default,)
010Johnson
Controls Confidential and Proprietary 55
City of Fort Worth — Phase Vib Performance Contract
1
Schedule 2.7
Exhibit 7
Post -Retrofit Maximum Derate Factors for Solar PV Systems (System PV-E)
Component Derate Factors
PV module nameplate DC rating
Inverter and Transformer
Mismatch
Diodes and connections
DC wiring
AC wiring
Soiling
System availability
Shading 0•85
„L
Component
Derate Values
0.95
0.92
0.98
0.95
0.98
Sun -tracking too
Age
{ g
Overall DC to AC derate factor
•
1.00
0.654
Range of
Acceptable Values
0.8O-1.05
0.88 - 0.98
0.97 - 0.995
0.99 - 0.997
0.97 - 0.99
0.98-0.993
0.30 - 0.995
0.00 - 0.995
0.00 1.00
0.95 - 1.00
0.70 - 1.00
1
Johnson / A -
Controls Confidential and Proprietary 56