Ordinance No. 11,766ORDINANCENC). 11,766
AN ORDINANCE OFTI-11"CITY COUNCIL OFTHI CITY 0 F 13 A YTO WN, TE XA S,
AUTHORIZING AND DIREV'I"ING THE CITY MAP AGF'R TO FIXECU"I'Li AND
THE, CITY CLERK TO A FI. ' STTOTI ll�`. AME`NDML:NTT0TI 11- PERFORMANCI"'
CONTRACT WITH 301-INSoN CONTROLS, INC.; AUTHORIZING PAYMENT BY
TIR" CITY OF BAYTOWN IN AN ANIOUNT IN ACCORDANCE WITH SIX. 1 11
ANIF"NDMENT; AND PROVIDING FORTI-11", 1.:F1 11'(,1T1VF1' DATE''ITIERI-101'.
1,31: ITORDAINED BY TI It CITY COUNCIL OFTI 11", (.']'I'N'01,' BAY 'I' OWN, ']"I-"'XAS:
Section 1: That the City Council cal" the: City ofBaytown, 4'exas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the Amendment to the Performance
Contract with Johnson Controls, Inc. A copy ofthe amendincia is attached hereto, marked Exhibit "A,"
and madea part hereof for all iniciasand purposes,
Section 2: That the City y (I ouncit of the City offlaylown authorizes payment to Johnson
Controls, Inc., in accordance with the amendment authorized in Section I hercinabove.
INTRODUCEID, READ, and PASSEL) by the affirmative vote of the Council of the City of
Baytown, this the 22"d day of September, 7011
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S'1'1111)111-,X 1-1, DONCARLOS, Mayor
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AMENDMENT TO PERFORMANCE CONTRACT
THIS AMENDMENT TO PERFORMANCE CONTRACT (the "Amendment") is entered into and
effective on this 1st day of October, 2010 by and between Johnson Controls, Inc., a Wisconsin
corporationiiicerr�ayed and authorized to conduct business in the State of Texas, ("JCI") and the City of
Baytown, _ �"Owner" of"City of Baytown").
RECITALS
WHEREAS, JCI and Owner entered into that certain Performance Contract Number 6818-0054,
dated October 28, , 2008(the "Contract"); and
WHERAS,JCI Owner wish to amend certain of the terms and conditions set forth in the Contract.
NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein
contained and for other and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,JCI and Owner agree to amend the Contract as follows:
The contract is hereby modified as follows:
A. Page 89, entitled "FIM #1 & 2 — Lighting (Interior' Exterior) and Lighting Controls Systems
Improvements" :
1. On Line 2, "FEMP OPTION B" is modified to read `TEMP OPTION A"
2. The fourth paragraph, which commences with "Post-Retrofit," the term "once" in the final
sentence is hereby stricken and replaced with "one time only" so that the last sentence
reads "The measurement portion of this retrofit will occur one time only, after installation
has been completed and the equipment has operated for at least 100 hours."
3. In the fourth paragraph, the following sentence is hereby added at the end of the
paragraph: "Once measurements are complete, post-retrofit kW will be applied to the
lighting savings for the remainder of the contract term."
4. The fifth paragraph, which commences with "Measurements will be performed
annually..." is hereby deleted in its entirety.
B. Page 95 of the contract, entitled "FIM#8—AHU/DX/Packaged/Roof Top Units
Improvements" :
1. On Line 2, "FEMP OPTION B" is modified to read "FEMP OPTION A"
2. In The fourth paragraph, which commences with "Post-Retrofit" ,the last sentence is
hereby modified to read "Post-retrofit measurements will be performed on one time
only".
C. Page 103 of the contract, entitled "PRICE AND PAYMENT TERMS SCHEDULE":
1. Paragraph 4(b) contains the total cost of services for this contract. The current value
contained within paragraph 4(b) is"$1,259,747 is changed to "$1,200,545."
2. Below that paragraph is a table which shows the annual service costs for years 1
through 13 of the contract. The values shown for years 2 through 13 need to be
changed as shown:
a. Year 2—the value is hereby changed from "$83,081"to "$78,909"
b. Year 3—the value is hereby changed from "$85,573"to "$81,277"
c. Year 4—the value is hereby changed from "$88,140"to "$83,715"
d. Year 5—the value is hereby changed from "$90,785"to "$86,226"
e. Year 6—the value is hereby changed from "$93,508"to "$88,813"
f. Year 7—the value is hereby changed from "$96,313"to"$91,478"
g. Year 8—the value is hereby changed from "$99,203"to "$94,222"
h. Year 9— the value is hereby changed from "$102,179"to "$97,049"
i. Year 10—the value is hereby changed from "$105,244"to"$99,960"
j. Year 11—the value is hereby changed from "$108,402"to"$102,595"
k. Year 12—the value is hereby changed from "$111,654"to"$106,048"
I. Year 13—the value is hereby changed from "$115,003"to"$109,229"
D. The following is hereby added to the end of the Contract:
Schedule 2
Exhibit 6
FIM#10—DDC CONTROL SYSTEM IMPROVEMENTS
FEMP OPTION B
This measure will install programmable thermostats to buildings which are not occupied 24 hours a day
to set back the temperature set points for both heating and cooling in these buildings during periods of
non-occupancy. A detailed list of thermostat installations can be found in Schedule 1 of this document.
Project Benefit Calculations
The savings for this FIM are based upon the reduction in heating and cooling requirements for building
during unoccupied hours. The typical occupancy hours and estimated after hours occupancy were
derived from interviews with City of Baytown personnel.
Pre-retrofit: JCI will calculate the difference in energy consumption for each building. These energy
savings will be translated into dollar savings based on the current utility rates for the City of Baytown.
Post-retrofit: JCI will verify that the programmable thermostats are installed and working properly and
that the temperature set backs are correct as per Schedule 1 of this document. Additionally, JCI will
confirm with City of Baytown personnel that the set points and schedules have not been adjusted.
Calculations will be based on the occupancy hours established in the pre-retrofit calculations. Post-
retrofit calculations will occur annually.
1
Customer Responsibilities
City of Baytown is responsible for maintaining the established set points and schedules. JCI will not
reduce savings calculations for changes in setpoints from contractual requirements, nor for lack of
maintenance.
Energy Savings Calculations
The savings in this improvement come from decreasing the heating and cooling requirements for each
building during hours of non-occupancy. Detailed savings calculations are shown in Appendix A of this
document.
Energy Savings Summary
Annual Electrical Consumption Savings—707,540 kWh
Annual Natural Gas Savings—68 MMBTUH
Total Annual Cost Savings-$52,106
II. Except as modified or otherwise provided herein, the existing terms, covenants,
agreements, responsibilities and obligations contained in the Contract shall remain in full
force and effect through the term of the Contract. In the event of conflict between the
terms and conditions of the Contract and the terms and conditions of this Amendment,the
terms and conditions of this Amendment shall prevail.
On October 1,2010.
Ill. This Amendment is effective
IN WITNESS WHEREOF, the parties have cause this Amendment to be duly executed by their duly
authorized representatives on the dates written below:
JOHNSON CONTROLS, INC. CITY OF BAYTOWN
7114 Q
By: Michael Crowe By: 74 Le rt r
Title: Regional VP&GM Solutions Title: � r// r"
Date: June 24, 2011 Date: 47:9 2 //