Document Missoula_doc_df369104c8

Johnson Controls, Inc. Initials: Customer Initials: Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. 1 PERFORMANCE CONTRACT This Performance Contract (this “Agreement”) is made this of November 2010 between: PARTIES JOHNSON CONTROLS, INC. (“JCI”) 10289 West Centennial Road Littleton, CO 80127 and CITY OF MISSOULA, MONTANA (“Customer” or “City”) 435 Ryman Street Missoula, MT 59802 RECITALS WHEREAS, Customer desires to retain JCI to perform the work specified in Schedule 1 (Scope of Work) hereto (the “Work”) relating to the installation of the improvement measures (the “Improvement Measures” or “Energy Conservation Measures” or “ECMs”) described therein; and WHEREAS, Customer is authorized and empowered under applicable Laws (as defined below) and specifically Montana Code Annotated 90-4-1101 et. seq. to enter into this Agreement, and has taken all necessary action under applicable Laws to enter into this Agreement; and WHEREAS, Customer has selected JCI to perform the Work after it determined JCI’s proposal was the most advantageous to Customer in accordance with all applicable procurement and other Laws. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: AGREEMENT 1. SCOPE OF THE AGREEMENT. JCI shall perform the Work set forth in Schedule 1. After the Work is Substantially Complete (as defined below) and the Certificate of Substantial Completion is executed by Customer and JCI, JCI shall provide the assured performance guarantee (the “Assured Performance Guarantee”) and the measurement and verification services (the “M&V Services”) set forth in Schedule 2 (Assured Performance Guarantee). Customer shall make payments to JCI for the Work and the M&V Services in accordance with Schedule 4 (Price and Payment Terms). 2. AGREEMENT DOCUMENTS: In addition to the terms and conditions of this Agreement, the following Schedules are incorporated into and shall be deemed an integral part of this Agreement: Schedule 1 – Scope of Work Schedule 2 – Assured Performance Guarantee Schedule 3 – Customer Responsibilities Schedule 4 – Price and Payment Terms ---PAGE BREAK--- Johnson Controls, Inc. Initials: Customer Initials: Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. 2 3. NOTICE TO PROCEED; SUBSTANTIAL COMPLETION; M&V SERVICES. This Agreement shall become effective on the date of the last signature on the signature page below. JCI shall commence performance of the Work within ten (10) business days of receipt of Customer’s Notice to Proceed, a form of which is attached hereto as Attachment 1, and shall achieve Substantial Completion of the Work by the Substantial Completion date, which shall be the earlier of: the date on which Customer executes a Certificate of Substantial Completion substantially in the form attached hereto as Attachment 2; or 10 months after JCI’s receipt of Customer’s Notice to Proceed, subject to adjustments set forth in Section 4 and Section 5 below. For purposes of this Agreement, “Substantial Completion” means that JCI has provided sufficient materials and services to permit Customer to operate the Improvement Measures. The M&V Services shall commence on the first day of the month following the month in which Customer executes a Certificate of Substantial Completion and shall continue throughout the Guarantee Term, subject to earlier termination of the Assured Performance Guarantee as provided herein. Customer acknowledges and agrees that if, for any reason, it cancels or terminates receipt of M&V Services, (ii) fails to pay for M&V Services in accordance with Schedule 4, (iii) fails to fulfill any of Customer’s responsibilities necessary to enable JCI to complete the Work and provide the M&V Services, or (iv) otherwise cancels, terminates or materially breaches this Agreement, the Assured Performance Guarantee shall automatically terminate and JCI shall have no liability there under. 4. DELAYS AND IMPACTS. If JCI is delayed in the commencement, performance, or completion of the Work and/or M&V Services by causes beyond its control and without its fault, including but not limited to inability to access property; concealed or unknown conditions encountered at the project, differing from the conditions represented by Customer in the bid documents or otherwise disclosed by Customer to JCI prior to the commencement of the Work; a Force Majeure (as defined below) condition; failure by Customer to perform its obligations under this Agreement; or failure by Customer to cooperate with JCI in the timely completion of the Work, JCI shall provide written notice to Customer of the existence, extent of, and reason for such delays and impacts. Under such circumstances, an equitable adjustment in the time for performance, price and payment terms, and the Assured Performance Guarantee shall be made. Customer shall not be responsible for third party delays. 5. ACCESS. Customer shall provide JCI, its subcontractors, and its agents reasonable and safe access to all facilities and properties in Customer’s control that are subject to the Work and M&V Services. Customer further agrees to assist JCI, its subcontractors, and its agents to gain access to facilities and properties that are not controlled by Customer, but are necessary for JCI to complete the Work and provide the M&V Services. An equitable adjustment in the time for performance, price and payment terms, and Assured Performance Guarantee shall be made as a result of any failure to grant such access. 6. PERMITS, TAXES, AND FEES. Unless otherwise specified in Schedule 3 (Customer Responsibilities), JCI shall be responsible for obtaining all building permits, and contractor registration, required for it to perform the Work. Unless otherwise specified in Schedule 1 (Scope of Work), Customer shall be responsible for obtaining all other permits, licenses, approvals, permissions and certifications, including but not limited to, all zoning and land use changes or exceptions required for the provision of the Work or the ownership and use of the Improvement Measures. JCI shall not be obligated to provide any changes to or improvement of the facilities or any portion thereof required under any applicable building, fire, safety, sprinkler or other applicable code, standard, law, regulation, ordinance or other requirement unless the same expressly regulates the installation of the Improvement Measures. Without limiting the foregoing, JCI’s obligations with respect to the Work is not intended to encompass any changes or improvements that relate to any compliance matters (whether known or unknown) that are not directly related to the installation of the Improvement Measures or which have been imposed or enforced because of the occasion or opportunity of review by any governmental authority. Customer shall be responsible for and shall pay when due all assessments, charges and sales, use, property, excise, or other taxes now or hereafter imposed by any governmental body or agency upon the provision of the Work or the M&V Services, implementation or presence of the Improvement Measures, the use of the ---PAGE BREAK--- Johnson Controls, Inc. Initials: Customer Initials: Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. 3 Improvement Measures or payments due to JCI under this Agreement, other than taxes upon the net income of JCI. Customer shall also be responsible for real or personal property taxes relating to equipment or material included in the Improvement Measures. Any fees, taxes, or other lawful charges paid by JCI on account of Customer shall become immediately due from Customer to JCI. 7. WARRANTY. JCI warrants materials and equipment furnished by JCI will be of good quality and new. JCI will perform the Work in a professional, workman-like manner. JCI will re-perform any non-conforming Work for no charge, as long as Customer provides written notice to JCI within one year following Substantial Completion or such other period identified in Schedule 1. If JCI installs or furnishes goods or equipment under this Agreement, and such goods or equipment are covered by an end-user warranty from their manufacturer, JCI will transfer the benefits of such warranty to Customer. The foregoing remedy with respect to the Work, together with any remedy provided by goods or equipment manufacturers, shall be Customer’s sole and exclusive remedies for warranty claims. Customer agrees that the one year period following Substantial Completion, or such other period identified in Schedule 1, shall be a reasonable time for purposes of submitting valid warranty claims with respect to the Work. These exclusive remedies shall not have failed of their essential purpose so long as JCI transfers the benefits of any goods or equipment end-user warranty to Customer and remains willing to re-perform any non-conforming Work for no charge within the one year period described above or such other period identified in Schedule 1. JCI agrees to assist the Customer in pursuing rights and remedies against the manufacturer and supplier of the equipment under the warranties in the event of equipment malfunction or improper or defective function, and defects in parts and performance. JCI will bear the cost of any damage to the equipment, including damage to the property, caused by JCI. NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE PROVIDED BY JCI. This warranty does not extend to any Work that has been abused, altered, or misused, or repaired by Customer or third parties without the supervision or prior written approval of JCI. Except with respect to goods or equipment manufactured by JCI and furnished to Customer hereunder, for which JCI shall provide its express written manufacturer’s warranty, JCI shall not be considered a merchant or vendor of goods or equipment. 8. CLEANUP. JCI shall keep the premises and the surrounding area free from accumulation of waste materials or rubbish caused by the Work and, upon completion of the Work, JCI shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials. 9. SAFETY; COMPLIANCE WITH LAWS. JCI shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work and M&V Services. Each of JCI and Customer shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities (collectively, “Laws”) in connection with its performance hereunder. 10. ASBESTOS-CONTAINING MATERIALS AND OTHER HAZARDOUS MATERIALS. Asbestos-Containing Materials: Neither party desires to or is licensed to undertake direct obligations relating to the identification, abatement, cleanup, control, removal or disposal of asbestos-containing materials Consistent with applicable Laws, Customer shall supply JCI with any information in its possession relating to the presence of ACM in areas where JCI undertakes any Work or M&V Services that may result in the disturbance of ACM. It is JCI’s policy to seek certification for facilities constructed prior to 1982 that no ACM is present, and Customer shall provide such certification for buildings it owns, or aid JCI in obtaining such certification from facility owners in the case of buildings that Customer does not own, if JCI will undertake Work or M&V Services in the facility that could disturb ACM. If either Customer or JCI becomes aware of or suspects the presence of ACM that may be disturbed by JCI’s Work or M&V Services, it shall stop the Work or M&V Services in the affected area and notify the other in writing. As between Customer and JCI, Customer shall be responsible at its sole expense for addressing the potential for or the presence of ACM in conformance with all applicable Laws and addressing the impact of its disturbance before JCI continues with its Work or M&V Services, unless JCI had actual knowledge that ACM was present and acted with intentional disregard of that knowledge, in which case JCI shall be responsible at is sole expense for remediating areas impacted by the disturbance of ---PAGE BREAK--- Johnson Controls, Inc. Initials: Customer Initials: Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. 4 the ACM, and (ii) Customer shall resume its responsibilities for the ACM after JCI’s remediation has been completed. Other Hazardous Materials: JCI shall be responsible for removing or disposing of any Hazardous Materials (as defined below) that it uses in providing Work or M&V Services (“JCI Hazardous Materials”) and for the remediation of any areas impacted by the release of JCI Hazardous Materials. For other Hazardous Materials that may be otherwise present at Customer’s facilities (“Non-JCI Hazardous Materials”), Customer shall supply JCI with any information in its possession relating to the presence of such materials if their presence may affect JCI’s performance of the Work or M&V Services. If either Customer or JCI becomes aware of or suspects the presence of Non-JCI Hazardous Materials that may interfere with JCI’s Work or M&V Services, it shall stop the Work or M&V Services in the affected area and notify the other. As between Customer and JCI, Customer shall be responsible at its sole expense for removing and disposing of Non-JCI Hazardous Materials from its facilities and the remediation of any areas impacted by the release of Non-JCI Hazardous Materials, unless JCI had actual knowledge that Non-JCI Hazardous Materials were present and acted with intentional disregard of that knowledge, in which case JCI shall be responsible at its sole expense for the remediation of any areas impacted by its release of such Non-JCI Hazardous Materials, and (ii) Customer shall remain responsible at its sole expense for the removal of Non-JCI Hazardous Materials that have not been released and for releases not resulting from JCI’s performance of the Work or M&V Services . For purposes of this Agreement, “Hazardous Materials” means any material or substance that, whether by its nature or use, is now or hereafter defined or regulated as a hazardous waste, hazardous substance, pollutant or contaminant under applicable Law relating to or addressing public or employee health and safety and protection of the environment, or which is toxic, explosive, corrosive, flammable, radioactive, carcinogenic, mutagenic or otherwise hazardous or which is or contains petroleum, gasoline, diesel, fuel, another petroleum hydrocarbon product, or biphenyls. “Hazardous Materials” specifically includes mold and lead-based paint and specifically excludes ACM. JCI shall have no obligations relating to the identification, abatement, cleanup, control, removal, or disposal of mold, regardless of the cause of the mold. Environmental Indemnity: To the fullest extent permitted by Law, Customer shall indemnify and hold harmless JCI and JCI’s subcontractors, and their respective directors, officers, employees, agents, representatives, shareholders, affiliates, and assigns and successors, from and against any and all losses, costs, damages, expenses (including reasonable legal fees and defense costs), claims, causes of action or liability, directly or indirectly, relating to or arising from the Customer’s use, or the storage, release, discharge, handling or presence of ACM, mold (actual or alleged and regardless of the cause of such condition) or Non-JCI Hazardous Materials on, under or about the facilities, or Customer’s failure to comply with this Section 10. 11. CHANGE ORDERS. The parties, without invalidating this Agreement, may request changes in the Work to be performed under this Agreement, consisting of additions, deletions, or other revisions to the Work (“Change Orders”). The price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee, shall be equitably adjusted in accordance with the Change Order. Such adjustments shall be determined by mutual agreement of the parties. JCI may delay performance of Work affected by the Change Order until adjustments arising out of the Change Order are clarified and agreed upon. Any Change Order must be signed by an authorized representative of each party. If concealed or unknown conditions are encountered at the project, differing from the conditions represented by Customer in the bid documents or otherwise disclosed by Customer to JCI prior to the commencement of the Work, price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee, shall be equitably adjusted. Claims for equitable adjustment may be asserted in writing within a reasonable time from the date a party becomes aware of a change to the Work by written notification. Failure to assert a request for equitable adjustment, however, shall not constitute a waiver of any rights to seek any equitable adjustment with respect to such change. 12. CUSTOMER FINANCING; TREATMENT; TAXES. The parties acknowledge and agree that JCI is not making any representation or warranty to Customer with respect to matters not expressly addressed in this Agreement, including, but not limited to: ---PAGE BREAK--- Johnson Controls, Inc. Initials: Customer Initials: Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. 5 Customer’s ability to obtain or make payments on any financing associated with paying for the Improvement Measures, related services, or otherwise; Customer’s proper legal, tax, accounting, or credit rating agency treatment relating to this Agreement; and The necessity of Customer to raise taxes or seek additional funding for any purpose. Customer is solely responsible for its obligations and determinations with respect to the foregoing matters. In addition, the parties acknowledge and agree that Customer shall be responsible to comply, at its cost and expense, with all Laws that may be applicable to it relating to performance contracting, including, without limitation, any requirements relating to the procurement of goods and/or services and any legal, accounting, or engineering opinions or reviews required or obtained in connection with this Agreement. 13. INSURANCE. JCI shall maintain insurance in amounts no less than those set forth below in full force and effect at all times until the Work has been completed, and shall provide a certificate evidencing such coverage following Customer’s request therefor. COVERAGES LIMITS OF LIABILITY Workmen's Compensation Insurance or self insurance, including Employer's Liability Statutory Commercial General Liability Insurance $5,000,000 Per Occurrence $5,000,000 Aggregate Comprehensive Automobile Liability Insurance $5,000,000 Combined Single Limit The above limits may be obtained through primary and excess policies, and may be subject to self-insured retentions. Customer shall be responsible for obtaining builder's risk insurance coverage for the Improvement Measures and shall at all times be responsible for any loss or casualty to the Improvement Measures. Customer shall also maintain insurance coverage, of the types and in the amounts customary for the conduct of its business, throughout the term of this Agreement. 14. INDEMNIFICATION. To the fullest extent permitted by applicable Law, each party shall indemnify the other with respect to any third party claim alleging bodily injury, including death, or property damage to the extent such injury or damage is caused by the negligence or willful misconduct of the indemnifying party. A condition precedent to any obligation of a party to indemnify the other pursuant to this Section 14 shall be for the indemnified party to advise the indemnifying party of the claim pursuant to the notice provision of this Agreement. 15. LIMITATION OF LIABILITY. NEITHER JCI NOR CUSTOMER WILL BE RESPONSIBLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE, PUNITIVE, EXEMPLARY, LOSS OF PROFITS OR REVENUE, LOSS OF USE, OR SIMILAR DAMAGES, REGARDLESS OF HOW CHARACTERIZED AND REGARDLESS OF A PARTY HAVING BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSSES OR RELIEF, ARISING IN ANY MANNER FROM THIS AGREEMENT, THE WORK, THE ENERGY CONSERVATION MEASURES, THE PREMISES, THE M&V SERVICES, OR OTHERWISE. WITHOUT LIMITING JCI'S EXPRESS OBLIGATIONS UNDER THE ASSURED PERFORMANCE GUARANTEE. JCI'S LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED THREE TIMES THE CONTRACT PRICE SET FORTH UNDER SCHEDULE 4. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS BY THIRD PARTIES. If this Agreement covers fire safety or security equipment, Customer understands that JCI is not an insurer regarding those services, and that JCI shall not be responsible for any damage or loss that may result from fire safety or security equipment that fails to prevent a casualty loss. The foregoing waivers and limitations are fundamental elements of the basis for this Agreement between JCI and Customer, and each party acknowledges that JCI would not be able to provide the work and services contemplated by this Agreement on an economic basis in the absence of such waivers and limitations, and would not have entered into this Agreement without such waivers and limitations. ---PAGE BREAK--- Johnson Controls, Inc. Initials: Customer Initials: Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. 6 16. FORCE MAJEURE. Neither party will be responsible to the other for damages, loss, injury, or delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence of that party. Such conditions (each, a “Force Majeure”) include, but are not limited to: acts of God; acts of government agencies; strikes; labor disputes; fires; explosions or other casualties; thefts; vandalism; riots or war; acts of terrorism; electrical power outages; interruptions or degradations in telecommunications, computer, or electronic communications systems; changes in Laws; or unavailability of parts, materials or supplies. 17. JCI'S PROPERTY. All materials furnished or used by JCI personnel and/or JCI subcontractors or agents at the installation site, including documentation, schematics, test equipment, software and associated media remain the exclusive property of JCI or such other third party. Customer agrees not to use such materials for any purpose at any time without the express authorization of JCI. Customer agrees to allow JCI personnel and/or JCI subcontractors or agents to retrieve and to remove all such materials remaining after installation or maintenance operations have been completed. Customer acknowledges that any software furnished in connection with the Work and/or M&V Services is proprietary and subject to the provisions of any software license agreement associated with such software. 18. DISPUTES. JCI and Customer will attempt to settle any controversy, dispute, difference, or claim between them concerning the performance, enforcement, or interpretation of this Agreement (collectively, “Dispute”) through direct discussion in good faith, but if unsuccessful, will submit any Dispute to non-binding mediation in the nearest major metropolitan area of the state where the project is performed. If the parties are unable to agree on a mediator or a date for mediation, either party may request JAMS, Inc. to appoint a mediator and designate the time and procedure for mediation. Such mediator shall be knowledgeable, to each party’s reasonable satisfaction, with respect to matters concerning construction law. If mediation is unsuccessful the parties shall submit such Dispute to arbitration in accordance with Montana law. Neither JCI nor Customer will file a lawsuit against the other until not less than sixty (60) days after the mediation referred to herein has occurred, unless one or both parties is genuinely and reasonably concerned that any applicable statute of limitations is on the verge of expiring. 19. GOVERNING LAW. This Agreement and the construction and enforceability thereof shall be interpreted in accordance with the laws of the state of Montana. 20. CONSENTS; APPROVALS; COOPERATION. Whenever Customer’s consent, approval, satisfaction or determination shall be required or permitted under this Agreement, and this Agreement does not expressly state that Customer may act in its sole discretion, such consent, approval, satisfaction or determination shall not be unreasonably withheld, qualified, conditioned or delayed, whether or not such a “reasonableness” standard is expressly stated in this Agreement. Whenever one party’s cooperation is required by the other in order to carry out the obligations of the other pursuant to this Agreement, the parties agree they shall act in good faith and reasonably in so cooperating with the other and/or the other’s designated representatives or assignees or subcontractors. Customer shall furnish decisions, information, and approvals required by this Agreement in a timely manner so as not to delay the performance of the Work or M&V Services. 21. FURTHER ASSURANCES. The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement. 22. INDEPENDENT CONTRACTOR. The relationship of the parties hereunder shall be that of independent contractors. Nothing in this Agreement shall be deemed to create a partnership, joint venture, fiduciary, or similar relationship between the parties. ---PAGE BREAK--- Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. 7 23. POWER AND AUTHORITY. Each party represents and warrants to the other that it has all requisite power and authority to execute and deliver this Agreement and perform its obligations hereunder, (ii) all corporate, board, body politic, or other approvals necessary for its execution, delivery, and performance of this Agreement have been or will be obtained, and (iii) this Agreement constitutes its legal, valid, and binding obligation. 24. SEVERABILITY. In the event that any clause, provision, or portion of this Agreement or any part thereof shall be declared invalid, void, or unenforceable by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Agreement unless the result would be manifestly inequitable or materially impair the benefits intended to inure to either party under this Agreement. 25. COMPLETE AGREEMENT. It is understood and agreed that this Agreement contains the entire agreement between the parties relating to all issues involving the subject matter of this Agreement. No binding understandings, statements, promises or inducements contrary to this Agreement exist. This Agreement supersedes and cancels all previous agreements, negotiations, communications, commitments and understandings with respect to the subject matter hereof, whether made orally or in writing. Each of the parties to this Agreement expressly warrants and represents to the other that no promise or agreement which is not herein expressed has been made to the other, and that neither party is relying upon any statement or representation of the other that is not expressly set forth in this Agreement. Each party hereto is relying exclusively on the terms of this Agreement, its own judgment, and the advice of its own legal counsel and/or other advisors in entering into this Agreement. Customer acknowledges and agrees that any purchase order issued by Customer associated with this Agreement is intended only to establish payment authority for Customer’s internal accounting purposes. No purchase order shall be considered a counteroffer, amendment, modification, or other revision to the terms of this Agreement. 26. HEADINGS. The captions and titles in this Agreement are for convenience only and shall not affect the interpretation or meaning of this Agreement. 27. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one single agreement between the parties. 28. NOTICES. All notices or communications related to this Agreement shall be in writing and shall be deemed served if and when sent by facsimile or mailed by certified or registered mail: to Johnson Controls, Inc. at the address listed on the first page of this Agreement, ATTN: Regional Solutions Manager, with a copy to Johnson Controls, Inc., ATTN: General Counsel – Building Efficiency Americas, 507 East Michigan Street, Milwaukee, Wisconsin, 53202: and to Customer at the address listed on the first page of this Agreement. CITY OF MISSOULA, MONTANA JOHNSON CONTROLS, INC. Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: ---PAGE BREAK--- Schedule 1 Page 8 of 26 Performance Contract (Rev 14) SCOPE OF WORK SCHEDULE 1. SUMMARY OF WORK: The following summarizes the Work to be provided by JCI under this Agreement, as further defined below: Scope Of Work Summary: 1. Interior / Exterior Lighting & Lighting Control Improvements 2. HVAC & Other Mechanical Improvements 3. Water Conservation (35 GPM Wells, Smart Irrigation Systems) 4. Building Envelope 5. Pool Cover & Reel System at Splash Montana 6. Other Improvements (Vending Miser) Energy Conservation Measures (ECMs) are identified within three City buildings, the City of Missoula Parks Department, and City of Missoula Parking Commission, including; interior lighting, building envelope, HVAC / Mechanical, Vending Machine Power Management. Additionally, ECMs are identified at the City of Missoula Parks Department that includes the following; Exterior Lighting at Parks and Trails, 35 GPM Irrigation Wells, Smart Irrigation Controls, Pool Cover & Reel System at Splash Montana. ECMs are listed below by building and the work to be provided by JCI is identified under each building / location and type of ECM. All work provided by JCI and their subs shall be complete and in good working order with attributes, performance and/or operational strategy which shall bear the economic benefit of the ECM. All ECMs installed shall meet state, federal and local code guidelines and standards. Each ECM shall be accompanied with start-up, test, and checkout and commissioning. Customer shall receive training on each ECM and its strategies. As-Built documents along with operational and maintenance manuals shall be provided to the owner for all ECMs. ---PAGE BREAK--- Schedule 1 9 Building Hours: Building Year Built Area Hours of Operation Central Maintenance 1990 44,125 Typically 6:00 AM-10:00PM Mon – Thurs; Fri, 6:00 AM – 4:30 PM; Closed Sat, Sun-Holidays. MRA Council Chambers 1956, Remodeled - 2006 10,462 Typically 8:00 AM-5:00PM Mon-Fri, Closed Sat, Sun, Holidays, Council Meetings first four Mondays of the month at 7:00 PM, except legal holidays Cemetery Shop 1972 4,000 Typically 8:00 AM-4:30 PM Mon-Fri, Open Sat, for burials. Currents 2007 19,055 Typically 6:00 AM - 8:00PM Mon-Fri, 7:45 AM – 6:00 PM Sunday; 11:00 AM – 6:00 PM Sunday Splash 2007 66,000 Beginning Memorial Day Weekend, May 29 - June 11, weather permitting. Hours are 12:00 p.m. to 6:00 p.m. Summer Hours June 12 - August 29 The Lake, the Pond, and Lazy River and Waterslides Open June 12 – August 30. Hours are Monday - Friday, 11:00 a.m. - 7:30 p.m.; Saturday and Sunday, 11:00 a.m. - 6:00 p.m. Lap Swim In response to citizen requests, The Lake 50-meter pool will be open (unheated) Saturdays and Sundays, May 29 through June 11, 12 p.m to 6 p.m. The 50-meter pool will be heated beginning June 12. Parking Commission 24x7x365 Total Sq ft * 143,642 * Excluding Parks, Trails, & River Front **This is the agreed upon typical schedule for the facilities all year. ---PAGE BREAK--- Schedule 1 10 ENERGY CONSERVATION MEASURES By Building / Energy Conservation Measure ---PAGE BREAK--- Schedule 1 11 CENTRAL MAINTENANCE ECM 1.0 - Lighting & Controls Existing Conditions: High efficiency lighting, including lamps and ballasts are installed in approximately 80% of the Central Maintenance building. Although, inefficient lighting is identified and it is recommended that all metal halide be upgraded to efficient T5 lighting systems installed by the City in other high bay areas. Additionally, it is recommended that older T12 lighting systems be upgraded to high efficiency Super T8 lighting systems and high efficiency ballasts. For actual counts and additional scope of work see table below: Site Name Area Description Fixture type Existing Lamps Watts Exist Qty Retrofit Description Watts Proposed CENTRAL MAINT. FACILITY STREET DEPT. BLDG 2X4 SURF BOX 432S 112 13 Retrofit Fixture w/ F32T8/8XX/XL/HL, 2L-HP-HE- IS & 2x4 White Reflector Kit 74 CENTRAL MAINT. FACILITY STREET DEPT. BLDG 2X2 SURF BOX 232U6S 59 6 Retrofit Fixture w/ F17T8/8XX/XL/HL, 3L-STND- HE-IS & 2x2 White Refl Kit 44 CENTRAL MAINT. FACILITY VEHICLE MAINT BLDG HOOK HIGHBAY 1320PSMH 365 34 Install New 1x4 Lensed High Bay Fixture w/ F54T5HO Lamps & Programmed Start Electronic Ballast (480V) 234 CENTRAL MAINT. FACILITY VEHICLE MAINT BLDG HOOK HIGHBAY 11000MH 1080 7 Install New Lensed 2x4 High Bay w/ 54W T5 Lamps, Programmed Start Ballast (480V) 351 CENTRAL MAINT. FACILITY VEHICLE MAINT BLDG 2X4 CABLE HIGHBAY 654T5 351 0 No Retrofit at this time 351 CENTRAL MAINT. FACILITY VEHICLE MAINT BLDG HOOK HIGHBAY 1400MH 458 7 Install New 1x4 Lensed High Bay Fixture w/ F54T5HO Lamps & Programmed Start Electronic Ballast (480V) 234 CENTRAL MAINT. FACILITY VEHICLE MAINT BLDG 1X4 REC TROF 334E 115 12 Retrofit Fixture w/ F32T8/8XX/XL/HL & 3L-LP-HE- IS (difficult Install) 73 CENTRAL MAINT. FACILITY VEHICLE MAINT BLDG WM WALLPACK 1400MH 458 4 Retrofit fixture w/ 320W Pulse Start Metal Halide Lamp & Ballast (480V) 365 TOTAL 2998 83 1726 “Existing Lamps” column xx, ABCD) of lamps, wattage, Type) ECM 11.0 - Building Envelope Work shall consist of JCI furnishing all equipment, materials, tools, labor and transportation, and in performing all operations in connection with the satisfactory installation of the building envelope solutions described below. Street Maintenance Building Door • Leakage identified around older front and back doors. • Seal doors marked on floor plan with DX1000 extruded weather-strip material – 2. Traffic Services & Vehicle Maintenance Doors • Daylight visible around all exterior doors. • Weather-strip all doors as marked on floor plan – 8. Overhead Doors • Damaged door weather-strip resulted in leakage. • Some doors only leaked at top and sides. • Weather-strip all sides of doors marked on plan 24’. • Weather-strip top and sides of doors indicated on plan (1@16’x14’, 1@16’x18’) – 96’. ---PAGE BREAK--- Schedule 1 12 Window • Seal perimeter of window in office as detailed on floor plan (2’x4’) – 12’. Roof • Seal perimeter of roof top ventilators (2 @ 2’x2’) -16’. • Steel roof caps cover previous sky lights. • Seal 3’x3’ steel roof caps to fiberglass curbs to prevent leakage- 11. ---PAGE BREAK--- Schedule 1 13 MRA / COUNCIL CHAMBERS ECM 20.0 - 3 NEW PACKAGED RTUS (A/C & NG FURNACES PACKAGES & DDC CONTROLS ON 4 PACKAGED RTUS) Work shall consist of JCI furnishing all equipment, materials, tools, labor and transportation, and in performing all operations in connection with the satisfactory installation three packaged Roof Top Units and JCI Metasys DDC controls on three new Roof Top Units and one existing Roof Top Unit serving the Council Chambers. • Furnish and install 4 Ton heating and cooling Roof Top Unit to replace the existing RTU-2 at the City of Missoula Council Chambers. Furnish and install one TEC networked thermostat and interface into the NCE controller for this facility. • Furnish and install 5 Ton heating and cooling, Roof Top Unit to replace the existing RTU-3 at the City of Missoula Council Chambers. Furnish and install one TEC networked thermostat and interface into the NCE controller for this facility. • Furnish and install 5 Ton heating and cooling, Roof Top Unit to replace the existing RTU-4 at the City of Missoula Council Chambers. Furnish and install one TEC networked thermostat and interface into the NCE controller for this facility. • Furnish and install NCE Supervisory controller and sensors to control the existing Council Chambers Lennox RTU-1. Furnish and install new OSA sensor, Discharge sensor, Mixed Air sensor, Space sensor, Occupancy sensor, CO2 sensors, and duct static pressure sensors to be mounted at the inlet of each duct sox for controlling this unit. • Furnish and install Variable Frequency Drive in a 3R enclosure for outside application for the Supply Fan of this existing unit. Supply fan shall be controlled between 100% and 70% (30% reduction in CFM / Volume). • Furnish a crane to demo the existing units and place the new RTU’s on the Council Chambers. • Reclaim refrigerant in the existing RTU’s and dispose of it. • Furnish electrical material and labor for the new RTU installation. • Furnish a permit for the RTU installation. ---PAGE BREAK--- Schedule 1 14 MISSOULA CEMETERY ECM 1.0 – LIGHTING & CONTROLS Existing Conditions: It is identified that there is an opportunity to upgrade existing lighting systems at the cemetery office and shop. The office and shop mainly consists of in-efficient T12 lighting systems and a few high wattage incandescent bulbs. It is recommended that the existing systems T12 systems be upgraded to 32 Watt Super T8s and hi-efficiency ballasts. Also, it is recommended that the standard incandescent bulbs be upgraded to low wattage CFLs. For actual counts and additional scope of work see table below: Area Description Fixture Type Existing Lamps Watts Exist Qty Retrofit Desc Watts Proposed OFFICE BLDG 1X4 SURF WRAP 234E 72.0 7 Retrofit Fixture w/ F32T8/8XX/XL/HL & 2L-LP-HE-IS 48.0 OFFICE BLDG 4 SURF WRAP 434E 144.0 4 Retrofit Fixture w/ F32T8/8XX/XL/HL, 2L-STND-HE-IS & Remove extra sockets 54.0 OFFICE BLDG SURF DRUM 160A 60.0 7 Install new 2L 13W CF Drum Fixture 31.0 OFFICE BLDG 2X4 REC TROF 434E 144.0 4 Retrofit Fixture w/ F32T8/8XX/XL/HL, 2L-STND-HE-IS & 2x4 White Reflector Kit 54.0 OFFICE BLDG 1X2 SURF WRAP 220E 56.0 1 Retrofit Fixture w/ F17T8/8XX/XL/HL & 2L-LP-HE-IS 26.0 OFFICE BLDG 8' SURF STRIP 234E 72.0 1 Retrofit Fixture w/ F32T8/8XX/XL/HL & 2L-LP-HE-IS 48.0 SHOP BLDG HOOK HIGHBAY 1400MH 458.0 2 Install New High Bay w/ F32T8/8XX/XL/HL Lamps & 3L-HP- HE-IS Ballast 218.0 SHOP BLDG 8' CHAIN STRIP 260E 123.0 14 Retrofit Fixture w/ F32T8/8XX/XL/HL, 2L-STND-HE-IS & 8' 2L Industrial Hood Kit 54.0 SHOP BLDG 1X4 SURF WRAP 234E 72.0 1 Retrofit Fixture w/ F32T8/8XX/XL/HL & 2L-LP-HE-IS 48.0 SHOP BLDG SURF DRUM 160A 60.0 2 Install new 2L 13W CF Drum Fixture 31.0 SHOP BLDG 2X4 REC TROF 434E 144.0 2 Retrofit Fixture w/ F32T8/8XX/XL/HL, 2L-STND-HE-IS & 2x4 White Reflector Kit 54.0 Total 1405 45 666 “Existing Lamps” column xx, ABCD) of lamps, wattage, Type) ---PAGE BREAK--- Schedule 1 15 ECM 28.0 - IRRIGATION PUMP REPL. W/NEW HI EFFICIENCY 60HP PUMP MOTOR Work shall consist of JCI furnishing all equipment, materials, tools, labor and transportation, and in performing all operations in connection with the satisfactory installation of 60HP well pump motor and testing, at the Missoula Cemetery. JCI shall provide and replace the existing standard efficiency GE 60HP pump motor with a new premium efficiency GE 60HP pump motor with a nominal efficiency 0f 94%. The existing pump motor is located in the pump house located east of the cemetery shop. ---PAGE BREAK--- Schedule 1 16 CURRENTS ECM 1.0 – LIGHTING & CONTROLS Existing Conditions: The Pool Area lighting consists of 1 lamp 400 watt pulse start metal halide and on the exterior sun deck is 1 lamp 175 watt metal halide. For actual counts and additional scope of work see table below: Site Name Area Description Fixture type Existing Lamps Watts Exist Qty Retrofit Description Watts Proposed CURRENTS AQUATIC CENTER POOL AREA 1 PENDANT PRISM GLOW 1400PSMH 456 15 Retrofit fixture w/ 200W Induction Lamp & Pendant Prism Glow Fixture Kit 208 CURRENTS AQUATIC CENTER POOL AREA Sensor 0 15 Install Photocell (included with fixture) 0 CURRENTS AQUATIC CENTER EXTERIOR, SUN DECK 1 POLE SHOEBOX 1175MH 215 2 Install new Shoe Box Fixture w/ 80W Induction 84 TOTAL 671 32 292 “Existing Lamps” column xx, ABCD) of lamps, wattage, Type) ---PAGE BREAK--- Schedule 1 17 SPLASH ECM 31.0 –POOL COVER / REEL SYSTEM ON 50M POOL. Work shall consist of JCI furnishing all equipment, materials, tools, labor and transportation, and in performing all operations in connection with the satisfactory construction installation of an Insulating Pool Cover and Reel System. JCI shall provide quantity ten (10) insulating pool covers at the following dimensions (Length x Width) 82’ x 16’4.5” each. Quantity three triple winders reel systems at the following dimensions (Length x Width x Height) 18’ x 46.5” x 49”. The solution will significantly reduce the amount of fuel energy needed to maintain the temperature of 85 Deg F. The system shall be Lincoln Aquatics Insulated Floating Pool Cover and Triple shafted Storage Reel system. INSULATED POOL COVER – Floating, non-safety, insulated swimming pool cover used to provide water and chemical evaporation reduction and heat retention. Blanket Material shall be as follows: three layer composite, laminated material consisting of foam middle layer protected on both sides by a woven outer layer. Finished material shall be blue in color on one side and black on the other. Outer layers shall be a woven, high-density, ultra-violet stabilized polyethylene substrate coated on both sides with a 1.5 mil polyethylene film. Substrate density shall be measured per square inch. Middle Layer shall be 0.140" thick (before laminating), cross-linked, 2 pound per cubic foot polyethylene foam. STAINLESS STEEL STORAGE REELS — Specifically designed for easy removal and storage of your insulating pool blanket. All-welded reels are constructed of 1.90" O.D. x .120" wall thickness tubing. Type 304 stainless steel. Each reel is supplied with two 24" diameter hand wheels for safety and ease of handling. On multiple shaft reels, the hand wheels can be moved to another shaft by means of a quick-release hand wheel locking pin. The winding tube is constructed of 4" diameter Type 304 stainless steel, with three pool cover attaching straps on each tube. Each reel has two stainless steel screw jack brakes on each end for securely holding reel in place. Double/triple reels come with 6 - 950 lb. casters. Maximum cover width is 19'. Maximum capacity for each reel is 150 lineal feet per winding tube. 10 year warranty. ---PAGE BREAK--- Schedule 1 18 PARKS DEPARTMENT ECM 1.0 – LIGHTING & CONTROLS Parks exterior lighting consists mainly of older metal halide and mercury vapor lamps, with a lamp life of between 10 to 20 thousand hours. It is recommended that these existing lighting systems be replaced with new high efficiency 65 watt induction lighting systems with a lamp life of approximately 100 thousand hours. The Induction system offers a full coverage comprehensive warranty and has overall better system performance and life cycle costing than the existing system. For actual counts and additional scope of work see table below: Site Name Area Description Fixture type Existing Lamps Watts Exist Qty Retrofit Description Watts Proposed PARKS-EXTERIOR OSRPEY STADIUM TRIAL 16'' POLE GLOBE 1100MH 128 9 Retrofit existing fixture w/ custom 65W Induction kit for 68 PARKS-EXTERIOR MCCORMICK TRAIL 16'' POLE GLOBE 1100MH 128 16 Retrofit existing fixture w/ custom 65W Induction kit for 68 PARKS-EXTERIOR MOBASH SKATE PARK TRAIL 16'' POLE GLOBE 1100MH 128 1 Retrofit existing fixture w/ custom 65W Induction kit for 68 PARKS-EXTERIOR MOBASH SKATE PARK 1 POLE FLOOD 1250MH 295 4 Retrofit fixture w/ 200W Pulse Start Metal Halide Lamp & Ballast 232 PARKS-EXTERIOR MOBASH SKATE PARK 1 POLE FLOOD 1250MH 295 6 Retrofit fixture w/ 200W Pulse Start Metal Halide Lamp & Ballast 232 PARKS-EXTERIOR FIRE DEPT BOAT HOUSE 1 POLE BARNYARD 1175MV 205 1 Install New Barnyard fixture w/ 70W Metal Halide 95 PARKS-EXTERIOR MCCORMICK PARK ROPES COURSE 1 POLE COBRAHEAD 1250MH 295 1 Install New Cobra Head fixture w/ 120W Induction Lamp 126 PARKS-EXTERIOR MCCORMICK PARK PARKING LOT 1 POLE SHOEBOX 1175MH 215 4 Install new Shoe Box Fixture w/ 80W Induction 84 PARKS-EXTERIOR MCCORMICK PARK PARKING LOT 1 POLE COBRAHEAD 1250MH 295 3 Install New Cobra Head fixture w/ 120W Induction Lamp 126 PARKS-EXTERIOR CFN TRAIL 16'' POLE GLOBE 1100MH 128 18 Retrofit existing fixture w/ custom 65W Induction kit for 68 PARKS-EXTERIOR TOOLE TRIAL 16'' POLE GLOBE 1100MH 128 28 Retrofit existing fixture w/ custom 65W Induction kit for 68 PARKS-EXTERIOR GOLDSMITHS TRAIL 16'' POLE GLOBE 1100MH 128 3 Retrofit existing fixture w/ custom 65W Induction kit for 68 PARKS-EXTERIOR KIWANIS PARK 16'' POLE GLOBE 1100MH 128 12 Retrofit existing fixture w/ custom 65W Induction kit for 68 PARKS-EXTERIOR BESS RTEED PARK 16'' POLE GLOBE 1100MH 128 10 Retrofit existing fixture w/ custom 65W Induction kit for 68 PARKS-EXTERIOR CARAS TRAIL/ PARK 16'' POLE GLOBE 1100MH 128 22 Retrofit existing fixture w/ custom 65W Induction kit for 68 PARKS-EXTERIOR FOX TRAIL 16'' POLE GLOBE 1100MH 128 6 Retrofit existing fixture w/ custom 65W Induction kit for 68 PARKS-EXTERIOR ROSE PARK 1 POLE CHINAHAT 1250MH 295 3 Retrofit fixture w/ 200W Pulse Start Metal Halide Lamp & Ballast 232 PARKS-EXTERIOR CAT TAIL CORNER 1 POLE ACORN 1175MH 215 9 Install New Acorn fixture w/ 80W Induction Lamp 84 TOTAL 7191 179 5171 “Existing Lamps” column xx, ABCD) of lamps, wattage, Type) Induction lighting operating range shall be per the manufacturer’s specifications negative 31 degrees F. JCI warrants quality assembling of all fixtures (including lamps and ballasts) with induction to be free from defect in materials and workmanship under normal application use and service conditions for a period of ten (10) years after the date of manufacture printed on the Housing Label. The manufacture of the induction kits, Lighting, at its sole option either repairs or replaces any part or lamp that it determines to be defective under the terms of this Limited Warranty. The repair or replacement remedy shall be the sole and exclusive remedy provided under this Limited Warranty and shall not extend beyond the ten (10) year period set forth herein. Lighting is only responsible for replacing the defective part. ---PAGE BREAK--- Schedule 1 19 ECM 2.0 – CONVERSION (26 Sites) FLAT RATE & METERED IRRIGATION TO 35 GPM WELL Work shall consist of JCI furnishing all equipment, materials, tools, labor and transportation, and in performing all operations in connection with the satisfactory construction, development, disinfection, and testing of twenty-six (26) 35 GPM irrigation wells and the connection of the existing irrigation systems. Irrigation sites that require a well over 35 GPM will not be included and a change order will be executed during the construction of the project. JCI shall provide the following: geological study and related engineering, discovery of water rights information, permit fees, well drilling, provide submersible turbine pump 5hp at 35 GPM, electrical service, controls and wiring, trenching boring, installation and connection to existing irrigation system. For a complete list of the irrigation sites to be included in the project, see the table below: 1 200 W. Pine, 300 W. Pine, 400 W. Pine, 500 W. Pine 2 400 Dixon, 500 Dixon, 600 Dixon 3 55th and Hillview 4 Anderson 5 Bancroft Blvd and Tennis Court 6 Conner Half Circle 7 Front and Orange 8 Hart Triangle 9 Hollis 10 Lester North 11 Lester South 12 Little McCormick 13 Parks Operations (100 Hickory St) 14 1825 1/2 Arlington Dr. (39th Street East) 15 708 Stephens Ave 16 1313 1/2 Bridgecourt Way 17 North Higgins Ave 18 100 South 3rd Street West 19 Garfield and South Blvd (Malfunction Junction) 20 Old Orchard Rd. 21 Lincoln Road (Lincoln Wood Entrance) 22 2658 1/2 Sheffield (Pleasant View) 23 #2 Reserve and Broadway 24 #5 5055 N Reserve (N Side of Reserve, Starbucks Side) 25 #6 5200 BLK N Reserve South of I90 and Reserve by Deno's 26 2716 1/2 Lane Irrigation Sites TOTAL - 26 ---PAGE BREAK--- Schedule 1 20 ECM 6.0 – WATER CONSERVATION W/SMART WATER MANAGEMENT Work shall consist of JCI furnishing all equipment, materials, tools, labor and transportation, and in performing all operations in connection with the satisfactory installation of smart irrigation systems at the identified City of Missoula locations below. The smart water management system will shall be the HydroPoint WeaterTRAK plus 12 and 24 station. Solution shall include seven rain sensors and 10 years of ETE real-time satellite weather data. Location Existing Clock location & type New Model Annual ETE (10 Yrs One way Transmission) Rain Sensor North Reserve Street #6 Rainbird ESP-12MC WTPLUS-12-WM-RI 1 1 North Reserve Street #2 Rainbird ESP-12MC WTPLUS-12-WM-RI 1 1 2716 1/2 Lane Rainbird ESP-16LX WTPLUS-24-WM-RI 1 1 2400 South 3rd Street West Rainbird ESP-8C WTPLUS-12-WM-RI 1 1 Maloney Ranch Park Rainbird ESP-24 WTPLUS-24-WM-RI 1 1 Arrowhead Drive Park Rainbird ESP-12MC WTPLUS-12-WM-RI 1 1 511 Whitaker Drive Rainbird ESP-8C WTPLUS-12-WM-RI 1 1 The irrigation controller shall be installed in an indoor/outdoor locking cabinet. The controller shall have date, time, time zone and auto daylight savings inputs. The controller shall provide a customizable and independent program per each station/zone. The system shall calculate station runtimes, cycles, soak times and watering days and adjust these values based on daily ET values downloaded from the internet based management system. In this mode, the controller shall prompt users for landscape- specific data for each station. Automatic mode shall use a 50% management allowable depletion (MAD)/soil moisture depletion model based on each plant type’s root zone to determine the required watering program. ---PAGE BREAK--- Schedule 1 21 PARKING / TRAFFIC COMMISSION ECM 1.0 – LIGHTING & CONTROLS Banks Street Garage and the Central Parking Garage were audited as a part of the energy performance contract. Lighting at the Banks Street Garage on the exterior lot consists of metal halide lighting systems and it is recommended that this system be upgraded to a high efficiency induction lighting system. It is recommended that the interior metal halide systems be upgraded to new Super T8’s and high efficiency ballasts. At the Central Parking Garage exterior lighting consists mainly of metal halide and exit signs are compact fluorescent. It is recommended that the metal halide be upgraded to a new high efficiency induction lighting system and the exit signs be replaced with LED exit signs. Lighting of interior areas such as offices, elevator lobbies, the break room, the maintenance shop etc. consists mainly of incandescent and older T12 lighting technology and it is recommended that these systems be upgraded to CFLs and Super T8 and high efficiency ballasts respectively. For actual counts and additional scope of work see table below: Site Name Area Description Fixture type Existing Lamps Watts Exist Qty Retrofit Description Watts Proposed BANK STREET GARAGE EXTERIOR LOT 1 POLE DECO 1175MH 215 30 Install new Shoe Box Fixture w/ 80W Induction 84 BANK STREET GARAGE INSIDE GARAGE SURF CANOPY 1175MH 215 45 Install New 4' Sealed & Gasgeted Radial Wrap w/ F32T8/8XX/XL/HL & 2L-HP-HE-IS 74 TOTAL 430 75 158 CENTRAL PARK GARAGE ALL GARAGE FLOORS SURF CANOPY 1175MH 215 142 Install New 4' Sealed & Gasgeted Radial Wrap w/ F32T8/8XX/XL/HL & 2L-HP-HE-IS 74 CENTRAL PARK GARAGE MECH & STORAG RMS 4' SURF MOIST PROOF 248T12 82 23 Retrofit Fixture w/ F32T8/8XX/XL/HL, 1L-STND- HE-IS & 4' 1L Industrial Hood Kit 28 CENTRAL PARK GARAGE MAINT SHOP 2X4 REC TROF 434E 144 9 Retrofit Fixture w/ F32T8/8XX/XL/HL, 2L-STND- HE-IS & 2x4 White Reflector Kit 54 CENTRAL PARK GARAGE ELEVATORS REC CAN 150A 50 6 Replace lamp w/ 14W R20 Screw in CF 14 CENTRAL PARK GARAGE ELEV LOBBYS REC CAN 160A 60 34 Retrofit Fixture w/ 13W CF Lamps, Electronic Ballast, & 6" Recessed Can Retrofit Kit 17 CENTRAL PARK GARAGE ELEV LOBBYS 4' REC COVE 134E 43 24 Retrofit Fixture w/ F32T8/8XX/XL/HL & 1L-LP-HE- IS 25 CENTRAL PARK GARAGE ROOF PARKING 1 POLE SHOEBOX 1175MH 215 8 Install new Shoe Box Fixture w/ 80W Induction 84 CENTRAL PARK GARAGE BREAK ROOM 2X2 REC TROFFER 234U6E 72 8 Retrofit Fixture w/ F17T8/8XX/XL/HL, 2L-STND- HE-IS & 2x2 White Refl Kit 29 CENTRAL PARK GARAGE OFFICE AREA REC CAN 160A 60 9 Retrofit Fixture w/ 13W CF Lamps, Electronic Ballast, & 6" Recessed Can Retrofit Kit 17 CENTRAL PARK GARAGE OFFICE AREA 2X2 REC TROFFER 234U6E 72 26 Retrofit Fixture w/ F17T8/8XX/XL/HL, 2L-STND- HE-IS & 2x2 White Refl Kit 29 CENTRAL PARK GARAGE ALL GARAGE FLOORS 1 REC EXIT 1CF13 17 12 Retrofit exit sign w/ 2TIX LED exit sign kit 3 CENTRAL PARK GARAGE OFFICE AREA 1X4 SURF WRAP 234E 72 3 Retrofit Fixture w/ F32T8/8XX/XL/HL & 2L-LP-HE- IS 48 TOTAL 2998 83 1726 ---PAGE BREAK--- Schedule 1 22 DESCRIPTION OF HVAC CONTROL STRATEGIES TO BE IMPLEMENTED Strategy 1 – Economizer controls In most commercial applications, at least some interior spaces need cooling during times when the outdoor air temperature and humidity are sufficiently low to economically provide cooling without using the mechanical refrigeration cycle. Economizers use controls and supply, return and exhaust air dampers to control outside air quantities. When bringing in large quantities of outdoor air, equivalent quantities of indoor air must be exhausted at the same time. This exhaust is called "relief air." At some upper outside temperature limit, it is no longer economical to bring in 100 percent outdoor air because the energy to cool it will be greater than cooling the building return air mixed with the minimum quantity of outdoor air. This point is called the economizer changeover point and, depending on the climate, there are several ways to determine and control the changeover. • Fixed dry bulb controls shift from economizer to refrigeration cycle at a specific outdoor temperature, such as 72°F maximum outside temperature. • Differential dry bulb systems compare the dry bulb temperature of the outdoor air to the dry bulb temperature of the return air and make the changeover when the outdoor temperature is near the return temperature. Dry bulb systems are appropriate in dry climates, but may cause problems where high humidity and moderate to high outdoor temperatures occur together. • For these situations (such as the climate belt from Houston through the Southeast and into the Mid-Atlantic states), "enthalpy" controls are better, since they consider the work required to dehumidify the outdoor air. (Enthalpy is a measure of the total heat in the air, made by measuring both the dry bulb temperature and the relative humidity.) • Fixed enthalpy controls work like fixed dry bulb controls, except they consider the enthalpy of the outdoor air (in Btus per pound of air) rather than the dry bulb temperature. • Differential enthalpy controls compare the enthalpy of the outdoor air with the enthalpy of the return air and change from economizer/outside air to refrigeration whenever the outdoor air enthalpy is greater that the return air enthalpy. In humid climates, the added cost and complication of the enthalpy controller will generally be justified by increased comfort and energy savings. The existing and revised conditions are simulated with the bin calculations, by adjusting the outside air % for each of these scenarios, with the difference in energy use equal to the energy decrease or in some instances increase. There is no fan energy saving associated with this measure, as the volume of air moved is unaffected. Strategy 2 – Various temperature controls This strategy includes the incorporation of improved temperature control operation and programming where believed presently to not exist or be effective. These control improvements where applicable may be such routines as i.e. mixed air reset / cold deck reset / hot deck reset / supply air reset or zone optimization and its impact to reheat, heating lockout and cooling lockout as well as improved ventilation / economizer control where not found to exist or be effective. Both the existing base conditions and revised (effective strategies) are simulated with the bin calculations with the difference in energy use equal to the energy decrease or in some instances increase. There is no fan energy saving associated with this measure, as the volume of air moved is unaffected. ---PAGE BREAK--- Schedule 1 23 Strategy 3 - After HOURS Reduce Supply Air / Vent reduction This measure involves strategy that utilizes a concept of demand controlled ventilation (DCV) which is described as one of several ways of meeting ventilation requirements (ASHRAE). This strategy where applicable is possible as it takes into account the significant zone load and ventilation reduction associated with fan operation and service when scheduled for minimal occupants (i.e. partial occupancy) beyond the end of the normal work day. Control strategy intent utilizing VFD’s, and DDC applications is to reduce supply air volume and ventilation and or minimums during the extended hours of operation. High and Low space temperature monitoring limitations shall be employed. The measure and calculations account for BIN hours split between the two occupancy periods and conditions – hours at which no change occurs and hours at which change occurs. These hours represent the total hours occupied, which the fan presently serves. For the hours at which there are no changes, the calculation is the same as the existing scenario, except that the BIN- hours are adjusted. For hours at which change occurs, the volume of air supplied is reduced i.e. 50-60% of the design cfm and the ventilation minimum (when not in economizer mode) is reduced during the extended non-student hours of operation. It should also be noted that where strategy 1 is employed with strategy 2, that these strategy 1 adjustments are copied over to the strategy to account for revised and reduced energy use associated with strategy 1. This reduces the heating load on the heating-coil and also uses less fan-energy. The reduction in fan-speed is made possible by fitting the fan-motor with variable speed drives. The new fan energy for reduced volume / speed operation is calculated using Fan Affinity Laws: ; ; } { 1 2 1 2 3 1 2 1 2 CFM CFM N N N N HP HP = = HP2 – new horsepower consumed by the fan (at lower speed) HP1 – existing horsepower consumed by the fan (at design speed) N2 – new speed of the fan (reduced due to reduced airflow) N1 – existing speed of the fan (design) CFM2 – new volume of air moved by the fan (modified by strategy) CFM1 – existing volume of air moved by the fan (design) The fan and thermal savings are calculated by subtracting the sum of the fan and thermal energy for hours at which no change occurs and hours at which change occurs, from the existing values. Strategy 4 - Unoccupied morning warm-up & after-hours ventilation reduction (existing ventilation is at minimum) This measure involves the reduction of ventilation air (to no ventilation) delivered to the zones from the unit, during the unoccupied startup morning warm-up hours and after-normal business hours. The BIN hours for this measure is reduced to reflect the hours that occur during the morning warm-up hours and after-hours during the heating season. (For OSA temperature 52˚F and below night setback space setpoint conditions). For the revised calculation, the ventilation is reduced to zero (only recirc.+ damper leakage) during the morning hours and after- normal business hours. This reduces the heating load on the heating-coil, as the return air is considerably warmer than the OSA. The equation assumes a night low limit minimum condition reflected in the average return air condition. (see Night Setback) The new heating load is calculated using the heat transfer equation ) ( T mC q p ∇ = ---PAGE BREAK--- Schedule 1 24 where q – heat/cooling load (Btu/hr) m – Mass flow rate of air (cfm) Cp – 1.085 for air ∆T – temperature difference across the heating coil. The entering air temperature is a designated air stream (OSA, Return or in many cases a mixture of return and outside air temperature, and the percentage varies for every system. For the base case, the % of mixture was based on design data and/or adjusted i.e. the effectiveness of the damper position for what was observed at the site during any specific condition. Thermal savings is calculated by subtracting the new thermal energy usage from the existing thermal energy usage. There are no fan savings associated with this measure. Strategy 5 - Night Setback This measure involves the elimination of ventilation air (from minimum) delivered to the zones from the unit, during the unoccupied night operation hours (cycling) of the fan system where applicable. The BIN hours for this measure is adjusted to reflect the hours of operation of the system only at night during heating season. The existing scenario is predicated from the audit that the existing control technology or intelligence presently does not distinguish between occupied and unoccupied operation. The proposed scenario is to close the outside minimum to 0% and use 100% return air to maintain the building at the night low-limit. The fan delivers 100% of the design volume, but cycles ON/OFF (i.e. 10 - 30 minutes out of every hour) to keep the zone (building) at minimum setpoint. Savings is calculated by subtracting the new thermal load at the coil (100% RA, 0% OSA) from the existing thermal load (Min. OSA, balance is RA), and using the equation ) ( T mC q p ∇ = There is no fan savings associated with this measure. Strategy 6 - Hi-Low Volume Reduction This measure is typically employed to systems exclusively of all other daytime occupied measures. It is similar to strategy 2 in affect except that: this system, after initial space conditions are achieved, will operate as normal in a reduced volume output mode and only during manual or space temperature override will this system operate at full design volume. Applications such as gymnasiums, auditoriums and theatres are examples of good candidates. (Think of it as similar to the HI-LO Bay strategy employed with HID lighting control.). The Control strategy intent utilizing VFD’s, and DDC applications is to reduce supply air volume and ventilation and or minimums as presently this system serves spaces that are not always fully occupied during the normal scheduled business day or system operational period. Manual override (i.e. Metastat push button, 2 - 4 hour twist timer bypass and or other digital input) will allow the system to return to 100% volume for the pre-determined time. The measure and calculations accounts for BIN hours that occur during normal daytime scheduled system operation. These bin hour occurrences are split into 2 groups for full volume and reduced volume operation. These hours represent the total hours scheduled, which the fan presently operates. Reduced volume hours are supported based on audit data indicating the % of total hours during which the spaces served by the system are presently and normally fully occupied. Reduced hours of operation also employ an effectiveness (multiplier from 33% to 70%) factor based on the probable ability of this measure to operate effectively without significant occupant override. ---PAGE BREAK--- Schedule 1 25 Where improved control strategy such as that found under strategy 1 is possible with this strategy, then this calculation will adjust the temperature condition similarly to affect the control results. Using hi-low volume control reduces the cfm of air moved by the fan and thus reducing the power consumed by the motor. Also, the thermal energy needed to heat/cool lower volume of air results in savings. The new fan energy for reduced volume / speed operation is calculated using Fan Affinity Laws: ; ; } { 1 2 1 2 3 1 2 1 2 CFM CFM N N N N HP HP = = HP2 – new horsepower consumed by the fan (at lower speed) HP1 – existing horsepower consumed by the fan (at design speed) N2 – new speed of the fan (reduced due to reduced airflow) N1 – existing speed of the fan (design) CFM2 – new volume of air moved by the fan (modified by strategy) CFM1 – existing volume of air moved by the fan (design) The fan and thermal savings are calculated by subtracting the sum of the fan and thermal energy for hours at which no change occurs and hours at which change occurs, from the existing values. End of Control System ---PAGE BREAK--- Schedule 1 26 Dated , 2010 CUSTOMER: JOHNSON CONTROLS, INC.: Signature: Signature: Printed Name: Printed Name: Title: Title: End of Scope Document and Schedule 1 of APG ---PAGE BREAK--- Schedule 2 Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. ASSURED PERFORMANCE GUARANTEE I. PROJECT BENEFITS A. Certain Definitions. For purposes of this Agreement, the following terms have the meanings set forth below: Annual Project Benefits are the portion of the projected Total Project Benefits to be achieved in any one year of the Guarantee Term. Annual Project Benefits Realized are the Project Benefits actually realized for any one year of the Guarantee Term. Annual Project Benefits Shortfall is the amount by which the Annual Project Benefits exceed the Annual Project Benefits Realized in any one year of the Guarantee Term. Annual Project Benefits Surplus is the amount by which the Annual Project Benefits Realized exceed the Annual Project Benefits in any one year of the Guarantee Term. Baseline is the mutually agreed upon data and/or usage amounts that reflect conditions prior to the installation of the Improvement Measures as set forth in Section IV below. Guarantee Term will commence on the first day of the month next following the Substantial Completion date and will continue through the duration of the M&V Services, subject to earlier termination as provided in this Agreement. Installation Period is the period beginning on JCI’s receipt of Customer’s Notice to Proceed and ending on the commencement of the Guarantee Term. Measured Project Benefits are the utility savings and cost avoidance calculated in accordance with the methodologies set forth in Section III below. Non-Measured Project Benefits are identified in Section II below. The Non-Measured Project Benefits have been agreed to by Customer and will be deemed achieved in accordance with the schedule set forth in the Total Project Benefits table below. Customer and JCI agree that: the Non-Measured Project Benefits may include, but are not limited to, future capital and operational costs avoided as a result of the Work and implementation of the Improvement Measures, (ii) achievement of the Non-Measured Project Benefits is outside of JCI’s control, and (iii) Customer has evaluated sufficient information to conclude that the Non-Measured Project Benefits will occur and bears sole responsibility for ensuring that the Non-Measured Project Benefits will be realized. Accordingly, the Non- Measured Project Benefits shall not be measured or monitored by JCI at any time during the Guarantee Term, but rather shall be deemed achieved in accordance with the schedule set forth in the Total Project Benefits table below. Project Benefits are the Measured Project Benefits plus the Non-Measured Project Benefits to be achieved for a particular period during the term of this Agreement. Total Project Benefits are the projected Project Benefits to be achieved during the entire term of this Agreement. B. Project Benefits Summary. Subject to the terms and conditions of this Agreement, JCI and Customer agree that Customer will be deemed to achieve a total of $257,037 in Non-Measured Project Benefits and JCI guarantees that Customer will achieve a total of $2,261,848 in Measured Project Benefits during the term of this Agreement, for Total Project Benefits of $2,585,016. ---PAGE BREAK--- Schedule 2 28 Total Project Benefits Future Capital Operations & Annual Utility Cost Cost Maintenance Project Year Avoidance* Avoidance** Cost Avoidance** Benefits Installation 1 $94,718 - - $13,820 $108,538 2 $100,629 - - $14,235 $114,864 3 $106,930 - - $14,662 $121,592 4 $113,648 $5,511 $15,101 $134,260 5 $120,811 $5,511 $15,555 $141,876 6 $128,449 $5,511 $16,021 $149,982 7 $136,597 $5,511 $16,502 $158,610 8 $145,289 $5,511 $16,997 $167,797 9 $154,563 $5,511 $17,507 $177,581 10 $164,460 $5,511 $18,032 $188,003 11 $175,022 $5,511 $18,573 $199,106 12 $186,297 $5,511 $19,130 $210,938 13 $198,334 $5,511 $19,704 $223,549 14 $211,187 $5,511 $20,295 $236,993 15 $224,913 $5,511 $20,904 $251,328 Total $2,261,848 $66,131 $257,037 $2,585,016 *Utility Cost Avoidance is a Measured Project Benefit. Utility Cost Avoidance figures in the table above are based on anticipated increases in unit energy costs as set forth in the table in “Section IV Baseline Calculations & Utility Rates” below. **Operations & Maintenance Cost Avoidance and Future Capital Cost Avoidance are Non-Measured Project Benefits. Operations & Maintenance Cost Avoidance figures in the table above are based on a mutually agreed fixed annual escalation rate of Future Capital Cost Avoidance figures in the table above are not escalated. Within sixty (60) days of the commencement of the Guarantee Term, JCI will calculate the Measured Project Benefits achieved during the Installation Period plus any Non-Measured Project Benefits applicable to such period and advise Customer of same. Within sixty (60) days of each anniversary of the commencement of the Guarantee Term, JCI will calculate the Measured Project Benefits achieved for the applicable year plus any Non-Measured Project Benefits applicable to such period and advise Customer of same. Customer acknowledges and agrees that if, for any reason, it cancels or terminates receipt of M&V Services, (ii) fails to pay for M&V Services in accordance with Schedule 4, (iii) 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 Agreement, the Assured Performance Guarantee shall automatically terminate and JCI shall have no liability hereunder. ---PAGE BREAK--- Schedule 2 29 C. Project Benefits Shortfalls or Surpluses. Project Benefits Shortfalls. If an Annual Project Benefits Shortfall occurs for any one year of the Guarantee Term, JCI shall, at its discretion and in any combination, set off the amount of such shortfall against any unpaid balance Customer then owes to JCI, where permitted by applicable law, increase the next year’s amount of Annual Project Benefits by the amount of such shortfall, pay to Customer the amount of such shortfall, or subject to Customer’s agreement, provide to Customer additional products or services, in the value of such shortfall, at no additional cost to Customer.* (ii) Project Benefits Surpluses. If an Annual Project Benefits Surplus occurs for any one year of the Guarantee Term, JCI may, at its discretion and in any combination, apply the amount of such surplus to set off any subsequent Annual Project Benefit Shortfall during the Guarantee Term, or bill Customer for the amount of payments made pursuant to Section C(i)(c) above and/or the value of the products or services provided pursuant to clause C(i)(d) above, in an amount not to exceed the amount of such surplus.* (iii) Additional Improvements. Where an Annual Project Benefits Shortfall has occurred, JCI may, subject to Customer’s approval (which approval shall not be unreasonably withheld, conditioned, or delayed), implement additional Improvement Measures, at no cost to Customer, which may generate additional Project Benefits in future years of the Guarantee Term. *In the event JCI is providing an Assured Performance Guarantee under Schedule 2. Annual Project Benefits Shortfalls and Annual Project Benefits Surpluses under each such Schedule shall be reconciled against one another. ---PAGE BREAK--- Schedule 2 30 II. NON-MEASURED PROJECT BENEFITS Operations savings is based on the following measures. Operational savings was discussed with and agreed upon by City of Missoula Administration and JCI on August 8th, 2010. Energy Conservation Measure O&M / Future Capitcal Cost Avoidance Savings Description Lighting Retrofit $13,820 Lighting Material Savings Future Capital Cost Avoidance $66,131 Avoided Capital Expenditure Total $79,951 Lighting Operational Material Savings Maintenance cost savings were calculated for lighting measures at each facility using the estimated lamp and ballast replacement costs, half-rated equipment life expectancies and the annual operating hours of the equipment. Maintenance savings were estimated for materials only, as maintenance staffing will likely not be affected by the lighting retrofit. The existing annual maintenance cost was calculated by dividing the replacement cost by the rated life of the existing equipment, as in the formula below: Existing Annual Maintenance Cost = Equipment cost / rated life For fixtures that were to be retrofit, the relamping and reballasting costs were accounted for in the future years in which they would take place. The year of re-lamping or re-ballasting was estimated by rounding off to the nearest year the result of dividing the rated life of the equipment by the annual operating hours of the equipment. The existing and future maintenance costs were then put into a cash flow diagram and analyzed over a three year period as indicated in the table below: Customer has furnished the foregoing information to JCI, which information forms the basis of the Non-Measured Project Benefits. Customer agrees that the Non-Measured Project Benefits are reasonable and that the installation of the Improvement Measures will enable Customer to take actions that will result in the achievement of such Non- Measured Project Benefits. ---PAGE BREAK--- Schedule 2 31 III. MEASUREMENT AND VERIFICATION METHODOLOGIES The following is a brief overview of the measurement and verification methodologies applicable to the Improvement Measures set forth below. JCI shall apply these methodologies, as more fully detailed in the guidelines and standards of the International Performance Measurement and Verification Protocol (IPMVP), in connection with the provision of M&V Services hereunder. The Measurement and Verification (M&V) options described below will be utilized on a building-by-building basis as listed in the table below. These M&V methods have been selected based upon the measures proposed for each building or site, the expected project benefits, and the relative cost of the M&V method. The planned M&V term is 5 years. After the satisfactory demonstration that the proposed energy savings has been met, the energy savings will be agreed upon throughout the remainder of the term. A detailed description of the planned M&V activities is included below the IPMVP Option Descriptions. Building Option A (One Time Measurement) Central Maintenance (Building Envelope) X MRA Council Chambers X Cemetery Shop X Currents X Splash X Parks Department X Parking Commission X 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 measurement and verification plan, along with analysis of the significance of the error they may introduce. Engineering calculations using short-term pre and post-retrofit measurements and stipulations are used to calculate Measured Project Benefits for the duration of the Guarantee Term. ---PAGE BREAK--- Schedule 2 32 Measured Project Benefits from the following Improvement Measures will be calculated using Option A: Building Energy Conservation Measure ECM # CENTRAL MAINTENANCE LIGHTING & CONTROLS ECM 1.1 CENTRAL MAINTENANCE BUILDING ENVELOPE ECM 1.2 COUNCIL CHAMBERS 3 NEW PACKAGED RTUS & DDC CONTROLS ECM 2.2 CEMETERY LIGHTING & CONTROLS ECM 3.1 CEMETERY HI-EFFICIENCY 60HP IRRIGATION PUMP MOTOR REPLACEMENT ECM 3.2 CURRENTS LIGHTING CONTROLS ECM 6.1 CURRENTS VENDING MACHINE POWER MANAGEMENT ECM 6.3 SPLASH 50M POOL COVER AND REEL SYSTEM ECM 7.2 PARKS DEPT PARKS EXTERIOR LIGHTING & (PARKS, TRAILS, RIVER FRONT) ECM 8.1 PARKS DEPT CONVERSION (27 Sites) FLAT RATE & METERED TO 35 GPM WELL ECM 8.2 PARKS DEPT SMART IRRIGATION SYSTEMS AT SEVEN SITES ECM 8.3 PARKING COMMISSION LIGHTING – BANKS & CENTRAL PARKING GARAGES ECM 9.1 Option B Retrofit Isolation This Option is not applicable to this project. Project Benefits are determined by field measurement of the energy use of the systems to which the improvement measure was applied; separate from the energy use of the rest of the facility. Engineering calculations using short term, long-term or continuous pre & post-retrofit measurements will be used to calculate the Project Benefits for the life of the contract. Option C This Option is not applicable to this project. Option C involves use of utility meters or whole building sub-meters to assess the energy performance of a total building. Option C assesses the impact of any type of improvement measure, but not individually if more than one is applied to an energy meter. This option determines the collective Project Benefits of all improvement measure’s applied to the part of the facility monitored by the energy meter. Also, since whole building meters are used, Project Benefits reported under Option C include the impact of any other change made in facility energy use (positive or negative). ---PAGE BREAK--- Schedule 2 33 CHANGES IN USE OR CONDITION; ADJUSTMENT TO BASELINE AND/OR ANNUAL PROJECT BENEFITS Customer agrees to notify JCI, within fourteen (14) days, of any actual or intended change, whether before or during the Guarantee Term, in the use of any facility, equipment, or Improvement Measure to which this Schedule applies; (ii) any proposed or actual expansions or additions to the premises or any building or facility at the premises; (iii) a change to utility services to all or any portion of the premises; or (iv) any other change or condition arising before or during the Guarantee Term that reasonably could be expected to change the amount of Project Benefits realized under this Agreement. Such a change, expansion, addition, or condition would include, but is not limited to: changes in the primary use of any facility, Improvement Measure, or portion of the premises; changes to the hours of operation of any facility, Improvement Measure, or portion of the premises; changes or modifications to the Improvement Measures or any related equipment; changes to the M&V Services provided under this Agreement; failure of any portion of the premises to meet building codes; changes in utility suppliers, utility rates, method of utility billing, or method of utility purchasing; insufficient or improper maintenance or unsound usage of the Improvement Measures or any related equipment at any facility or portion of the premises (other than by JCI); changes to the Improvement Measures or any related equipment or to any facility or portion of the premises required by building codes or any governmental or quasi-governmental entity; or additions or deletions of Improvement Measures or any related equipment at any facility or portion of the premises. Such a change or condition need not be identified in the Baseline in order to permit JCI to make an adjustment to the Baseline and/or the Annual Project Benefits. If JCI does not receive the notice within the time period specified above or travels to either Customer’s location or the project site to determine the nature and scope of such changes, Customer agrees to pay JCI, in addition to any other amounts due under this Agreement, the applicable hourly consulting rate for the time it took to determine the changes and to make any adjustments and/or corrections to the project as a result of the changes, plus all reasonable and documented out-of pocket expenses, including travel costs. Upon receipt of such notice, or if JCI independently learns of any such change or condition, JCI shall calculate and send to Customer a notice of adjustment to the Baseline and/or Annual Project Benefits to reflect the impact of such change or condition, and the adjustment shall become effective as of the date the change or condition first arose. Should Customer fail to provide JCI with notice of any such change or condition, JCI 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. ---PAGE BREAK--- Schedule 2 34 IV. BASELINE CALCULATIONS AND UTILITY RATES Unit energy costs for all meters and all buildings are listed below. This may be used in support of baseline development or a more recent annual period may be chosen. The unit cost data shown below shall be used for all calculations made under this Schedule except where during baseline development, actual rate is greater. In either case, unit costs in this table or actual unit cost where greater shall establish the minimum unit cost. These unit cost rates shall be escalated each year by the scheduled minimum % as set forth in the table below. This table shall establish the new minimum unit cost rates for which all future escalation percentages (as set forth in table below) shall be based on. In the case where actual utility unit cost increase exceeds the calculated unit minimum as escalated within the table, the greater value shall be used. Where electrical power ratchet exists, this cost shall not be computed in baseline or future costs or unit costs. Facility Electric (kWh) Demand (KW) Natural GAS (Dkt) Water (ccf) All Areas / Buildings $0.065 $7.51 $0.76 $1.6908 Utility Rate Escalation The following table lists the escalation rates to be used in calculating the minimum utility rates used in the energy savings calculations. Year Electric Demand Natural Gas Water 1 4.5% 4.5% 4.5% 7.5% 2 4.5% 4.5% 4.5% 7.5% 3 4.5% 4.5% 4.5% 7.5% 4 4.5% 4.5% 4.5% 7.5% 5 4.5% 4.5% 4.5% 7.5% 6 4.5% 4.5% 4.5% 7.5% 7 4.5% 4.5% 4.5% 7.5% 8 4.5% 4.5% 4.5% 7.5% 9 4.5% 4.5% 4.5% 7.5% 10 4.5% 4.5% 4.5% 7.5% 11 4.5% 4.5% 4.5% 7.5% 12 4.5% 4.5% 4.5% 7.5% 13 4.5% 4.5% 4.5% 7.5% 14 4.5% 4.5% 4.5% 7.5% 15 4.5% 4.5% 4.5% 7.5% Primary Operations Schedules Pre & Post Retrofit The Post Baseline Standards of Occupancy, Service & Comfort included in this section, identified by Building and System, defines the expected operational aspects of each system as it relates to need for occupancy use, comfort and energy use. Each system has a reasonable expected maximum run time operation along with any relevant schedule for start-up (unoccupied and occupied, Night-low limit NLL) as well as extended hours of operation beyond normal scheduling as it relates to historical facility area use and occupancy times of same as served by these systems. It is critical that these schedules are not significantly deviated from (without advance notice, concurrence and approval, with adjustment as required) in order to generate savings while maintaining comfort. ---PAGE BREAK--- Schedule 2 35 In general, all buildings follow the hours of operation as identified in the table below: Building Hours of Operation Central Maintenance Typically 6:00 AM-10:00PM Mon – Thurs; Fri, 6:00 AM – 4:30 PM; Closed Sat, Sun-Holidays. MRA Council Chambers Typically 8:00 AM-5:00PM Mon-Fri, Closed Sat, Sun, Holidays, Council Meetings first four Mondays of the month at 7:00 PM, except legal holidays Cemetery Shop Typically 8:00 AM-4:30 PM Mon-Fri, Open Sat, for burials. Currents Typically 6:00 AM - 8:00PM Mon-Fri, 7:45 AM – 6:00 PM Sunday; 11:00 AM – 6:00 PM Sunday Splash Beginning Memorial Day Weekend, May 29 - June 11, weather permitting. Hours are 12:00 p.m. to 6:00 p.m. Summer Hours June 12 - August 30 The Lake, the Pond, and Lazy River and Waterslides Open June 12 – August 30. Hours are Monday - Friday, 11:00 a.m. - 7:30 p.m. and Saturday and Sunday, 11:00 a.m. - 6:00 p.m. Lap Swim In response to citizen requests, The Lake 50-meter pool will be open (unheated) Saturdays and Sundays, May 29 through June 11, 12 p.m to 6 p.m. The 50-meter pool will be heated beginning June 12. Parking Commission 24x7x365 For the areas that are on a schedule, Holidays shall be unoccupied for this site for certain areas that do have occupied/unoccupied / Holiday schedules and are recognized for the following days: • New Years Day (celebrated) • Martin Luther King Day • President’s Day • Memorial Day • July 4th (celebrated) • Labor Day • Columbus Day • State General Election Day • Veterans Day • Thanksgiving Day & day after • Christmas Day (celebrated) and day after Trending In Support Of M&V and Programmed operations All systems connected to Metasys and serving buildings, within this contract shall be trended and logged relative to the following attributes. All programs, schedules, set points and algorithms must be maintained. All critical points of control shall be locked out relative to programming access and only short term overrides with time-out return to normal shall be provided to customer. Customer shall leverage JCI technician expertise, service and M&V contracts for any and all corrections and changes to system operation and programming. • Fan or HVAC System Run Time- Occupied Hrs Terminal Unit – schedule ( where applicable ) • Fan or HVAC System Run Time- Unoccupied Hrs Terminal Unit – Space Temp ( where applicable ) ---PAGE BREAK--- Schedule 2 36 • % VFD Drive Output or Speed ( where applicable ) • Space Temperatures serving all systems connected – occupied • Space Temperatures serving all systems connected – un-occupied • Return air temperature ( where points specified ) • Mixed air temperature ( where points specified ) • OSA Temperature – reference for all trends • Supply Air Temperature ( where points specified ) • N2 Thermostats set point – Thermostats schedule Operational Attributes, Occupancy Schedules and Comfort Conditions General conditions and attributes relative to savings strategies, engineering analysis and quantification of benefit is based on observation, logging, estimates, site discussions and standard engineering analysis and practice. The following attributes are sample standards utilized in the development process and along with standard engineering methodology, shall be considered stipulated relative to the value and purpose they provide in the analysis and algorithms. This shall take precedent over all M&V descriptions which are not consistent with this analysis process. Lighting and Occupancy Sensors Lighting- Ballast Fixture wattages: Pre and post ANSI / Manufacturer’s (MFGR) Design Wattages Run Time: pre and post hours of operation. Light-levels: pre and post measurement of foot-candles for different space types Pre- and post measurement values to be taken and used to confirm baseline and ECM application only JCI conducted a room-by-room audit in each of the facilities to assess the existing lighting system, quantify exact number of fixtures and lamps, and to evaluate potential improvements to lighting quality and to reduce the electrical usage. Lighting operation (burn) hours are based on interviews with facility personnel and actual hours logged in representative typical locations at each facility. Occupancy sensor lighting controls reduce lighting operation hours and the reduced operation hours are listed. Lighting operation hours, controls sensors reduction and a detailed description of the existing lighting conditions are listed in the detailed lighting scope tables shown in the Lighting Calculations (Appendix). Note the lighting detailed scope tables reflect the complete audit results of the facility indicated. A lighting code indicated as “NORETRO” indicates a fixture that is not to be retrofitted. Lighting operation hours and sensor percentage reduction in operation hours indicated in section V “Primary Operations Schedule Pre and Post Retrofit” of Schedule 2 are agreed to and are therefore non-measured. HVAC / Control / Heating Plants / Cooling Plant Schedules (run time hrs defined), Operational sequences- (defined Industry standard, programmed or measured) Set points (defined , programmed or measured) Air Flow & Volume control- (defined set point or diversity specified) Power consumption (Defined mfgr name plate power ratings, motor efficiency, measurements, MFGR or Engineering standards ) Equipment Mfgr. Heating or Cooling Efficiency’s – pre and post Heating & Cooling Lockouts and limits (defined) Ventilation limits (standard or design prescribed as defined) These parameters, schedules and sequences as defined in Section V “Primary Schedule Pre and Post Retrofit” of Schedule 2 are agreed to and are therefore non-measured. ---PAGE BREAK--- Schedule 2 37 Operational Attributes, Occupancy Schedules and Comfort Conditions General conditions and attributes relative to savings strategies, engineering analysis and quantification of benefit is based on observation, estimates, site discussions and standard engineering analysis and practice. The following attributes are sample standards utilized in the development process and along with standard engineering methodology, shall be considered stipulated relative to the value and purpose they provide in the analysis and algorithms. This shall take precedent over all M&V descriptions which are not consistent with this analysis process. ---PAGE BREAK--- Schedule 2 38 V. PRIMARY OPERATIONS SCHEDULE PRE & POST RETROFIT V) PRIMARY OPERATIONS SCHEDULE PRE & POST RETROFIT - MRA COUNCIL CHAMBERS Location: MRA Building System: AC-1,2 Service : Hospital Clinic Pre-Retrofit Facility/Area Zone Occupancy: Occupied: Mon - Sun 6:45 AM - 10:00 PM Unoccupied: Lighting System Operation: 24 hrs - 7 days (Approx 5500 hrs per year) Lighting Controls: High Efficiency Lighting and Controls RTU-1,2,3,4 Packaged RTU-1,2,3,4 DX COIL, FURNACE 24 hrs - 7 days, 365 Days 7 Day Programmable Thermostat Single Speed Fan Occupied: Unoccupied Heating 70 F 62 F Cooling 74 F 82 F Post-Retrofit Facility/Area General conditions and attributes relative to savings strategies, engineering analysis and quantification to benefit is based on observation, logging, estimates, site discussions and standard engineering analysis and practice. The following attributes are considered stipulated relative to the value they provide in the analysis and algorithms. Zone Occupancy: Occupied: Mon - Fri 7:30 AM - 7:30 PM Unoccupied: Lighting System Operation: 24 hrs - 7 days (Approx 5500 hrs per year) Lighting Controls: No Change RTU-1,2,3,4 AC-1,2,3.4 DX COIL, FURNACE Mon - Fri 6:00 AM - 6:00 PM Metasys DDC Variable Speed Fan on RTU-1 Occupied: Unoccupied Heating 70 F 62 F Cooling 74 F 82 F VAV Boxes (Typical of 66) Metasys thermostat RTU-1 OSA % Volume > 82 F 100% NLL/Wkend/Holi - Off in Heating mode 12 F to 82 F 100% to 50% ON only in Econ Mode; no mech cooling < 12 F 100% during NLL Morning Htg warm-up - 50% flow estimate on an overall annual usage based on interviews with facility engineer on site. The customer shall have the capability to schedule equipment as needed in this building based on actual Event schedules. VSD Control HVAC Operation: Control Control HVAC Operation: Fan Control Fan Control Temperature Setpoints: Control Temperature Setpoints: ---PAGE BREAK--- Schedule 2 39 VI. MEASUREMENT & VERIFICATION SERVICES JCI will provide the M&V Services set forth below in connection with the Assured Performance Guarantee. 1. During the Installation Period, a JCI Performance Assurance Specialist will track Measured Project Benefits. JCI will report the Measured Project Benefits achieved during the Installation Period, as well as any Non- Measured Project Benefits applicable to the Installation Period, to Customer within 60 days of the commencement of the Guarantee Term. 2. Within 60 days of each anniversary of the commencement of the Guarantee Term, JCI will provide Customer with an annual report containing: A. an executive overview of the project’s performance and Project Benefits achieved to date; B. a summary analysis of the Measured Project Benefits accounting; and C. depending on the M&V Option, a detailed analysis of the Measured Project Benefits calculations. 3. During the Guarantee Term, a JCI Performance Assurance Specialist will monitor the on-going performance of the Improvement Measures, as specified in this Agreement, to determine whether anticipated Measured Project Benefits are being achieved. In this regard, the Performance Assurance Specialist will periodically assist Customer, on-site or remotely, with respect to the following activities: A. review of information furnished by Customer from the facility management system to confirm that control strategies are in place and functioning; B. advise Customer’s designated personnel of any performance deficiencies based on such information; C. coordinate with Customer’s designated personnel to address any performance deficiencies that affect the realization of Measured Project Benefits; and D. inform Customer of opportunities to further enhance project performance and of opportunities for the implementation of additional Improvement Measures. 4. For specified Improvement Measures utilizing an “Option A” M&V protocol, JCI will: A. conduct pre and post installation measurements required under this Agreement; B. confirm the building management system employs the control strategies and set points specified in this Agreement; and C. analyze actual as-built information and adjust the Baseline and/or Measured Project Benefits to conform to actual installation conditions final lighting and water benefits calculations will be determined from the as-built information to reflect the actual mix of retrofits encountered during installation). 5. For specified Improvement Measures utilizing an “Option B” M&V protocol, JCI will: A. confirm that the appropriate metering and data points required to track the variables associated with the applicable Improvement Measures’ benefits calculation formulas are established; and B. set up appropriate data capture systems trend and totalization data on the facility management system) necessary to track and report Measured Project Benefits for the applicable Improvement Measure. ---PAGE BREAK--- Schedule 2 40 Detailed Description of M&V Activities & Deliverables The M&V plan for this project will utilize Option A only. A detailed description of Option A is described in detail above. Option A: The buildings and measures selected for the Option A protocol will be subject to a rigorous M&V process, albeit one of a shorter duration when compared to the other protocols. Option A provides measurement of energy savings at the component level and because of this, the M&V plan needs to be more specific on precisely how and where the measurements will be taken. This method features short term or one-time measurements, and once the savings has been determined, that savings will be agreed upon over the remaining term of the performance period. The following paragraphs discuss the M&V process that will be used for each of the Energy Conservation Measures (ECMs) that are included in buildings using the Option A protocol. ECM 1.1, 3.1, 6.1, 8.1 & 9.1 - Lighting and Occupancy Sensors The M&V strategy on lighting and lighting control measures is based upon the verification of the key variables used to calculate the energy savings. The key variables on lighting projects are wattage of the existing and retrofit equipment, hours of operation, and quantity of lighting fixtures. The key variables on lighting control projects are the wattage of the fixtures being controlled, the number of fixtures being controlled, the baseline hours of operation, and the performance period hours of operation. Additionally age and how warm the fixtures are all impact the current draw of a fixture. It is expected that variables will occur resulting in considerable variation in wattage consumption. The pre and post wattage values have been established by the use of industry standard tables and/or manufacturer’s data, however, pre and post measurement sampling is planned. The hours of operation have been determined through information provided by the customer, best practices, and industry standards, building and exterior lighting schedules, and it is assumed these hours of operation have been reviewed and are agreed upon. No direct measurements of the current hours of operation are planned. The following M&V activities are planned on lighting and lighting control measures that are in Option A buildings and exterior sites. • The as-built lighting quantity and fixture types will be compared to the proposed lighting quantity and fixture types listed in the lighting calculation spreadsheets. Corrections will be made to the original building ECM spreadsheet calculations if it is determined that the overall deviation of the combined Building lighting ECM energy consumption or quantity of fixtures applied to the standard original calculations ( pre or post wattages only ) deviate so that calculated savings result in a short fall greater than 5% of the calculated savings. If updates to the calculation spreadsheets are made they will be provided to the owner in the annual M&V report and the revised energy savings will also be presented. • An inspection of buildings which have undergone a lighting retrofit will be made for the purpose of verifying the installation is complete and savings are being generated. • On buildings that have had occupancy sensors installed, an inspection and test of each occupancy sensor will be completed to ensure the sensor has been properly installed and programmed, and is capable of generating the projected savings. • Spot foot-candle readings will be taken in random locations to verify light quantity is within IESNA standards. Subject to the Customer’s approved sign-off of the proper initial installation of the proposed improvements, the savings values set forth herein will be agreed to for the duration of the Performance Period and will be restated in all reports with only the utility rate used to calculate the savings changed annually. ---PAGE BREAK--- Schedule 2 41 ECM 2.2 – HVAC System Controls The verification method employed on this ECM requires the identification of the individual control strategies specified by the Project Development Engineer. Once these are determined, trending will be enabled on the appropriate controls points and trend data will be collected and analyzed. A trend report and/or graph depicting a typical week of operation during the first year of the performance period will be provided in the year one M&V report for each control strategy that has been implemented. For example, if the control strategy is to reduce the heating set-point during nights and weekends, the one week graph would illustrate the zone temperature changes that prove the setback has been implemented. Once the energy savings strategy has been implemented and demonstrated it is the responsibility of the customer to ensure the strategy remains in place. Subject to the Customer’s approved sign-off of the proper initial installation of the proposed improvements, the savings values set forth herein will be agreed to for the duration of the Performance Period and will be restated in all reports with only the utility rate used to calculate the savings changed annually. ECM 2.2, 3.2 – Equipment Replacement The savings from these measures are based upon the difference in efficiency between the existing equipment and the new equipment replacing it. Pre and post efficiency measurements will be taken. Measurements where possible will be for 3 load points: low, medium and high and the resulting efficiency utilized shall be an average of the 3 measurements. In the event the existing equipment is not operational at the time the reading is to be taken, the existing equipment efficiency listed in the spreadsheet calculations will be used in its place. If the efficiency difference between the existing equipment and the new equipment differ by more than 5% from the proposed values in the spreadsheet calculations, the spreadsheets will be updated and the new savings values will be presented in the first annual M&V report. Subject to the Customer’s approved sign-off of the proper initial installation of the proposed improvements, the savings values set forth herein will be agreed to for the duration of the Performance Period and will be restated in all reports with only the utility rate used to calculate the savings changed annually. ECM 1.2 – Infiltration The savings from these measures are based upon the difference in heat loss before and after fixing infiltration leaks identified during the audit. Sample pictures (pre- and post-) shall be provided to show the installation of the ECM. Savings shall be mutually agreed upon based on the spreadsheet calculations. No pre- and post-measurements shall be taken. Subject to the Customer’s approved sign- off of the proper initial installation of the proposed improvements, the savings values set forth herein will be agreed to for the duration of the Performance Period and will be restated in all reports with only the utility rate used to calculate the savings changed annually. ECM 6.3 – Vending Machine Power Management A one-time visual inspection during the post installation period will be documented in the post installation report. Ongoing measurement and verification activities will not be performed beyond the initial visual inspection. Subject to the Customer’s approved sign-off of the proper initial installation of the proposed improvements, the savings values set forth herein will be agreed to for the duration of the Performance Period and will be restated in all reports with only the utility rate used to calculate the savings changed annually. ECM 7.2 – 50M Pool Cover and Reel System A one-time visual inspection during the post installation period will be documented in the post installation report. Ongoing measurement and verification activities will not be performed beyond the initial visual inspection. Subject to the Customer’s approved sign-off of the proper initial installation of the proposed ---PAGE BREAK--- Schedule 2 42 improvements, the savings values set forth herein will be agreed to for the duration of the Performance Period and will be restated in all reports with only the utility rate used to calculate the savings changed annually. ECM 8.2, 8.3 – Water Conservation A one-time visual inspection during the post installation period will be documented in the post installation report. Ongoing measurement and verification activities will not be performed beyond the initial visual inspection. Subject to the Customer’s approved sign-off of the proper initial installation of the proposed improvements, the savings values set forth herein will be agreed to for the duration of the Performance Period and will be restated in all reports with only the utility rate used to calculate the savings changed annually. Reports and Site Visits An annual energy savings report will be generated and presented to the Customer within 60 days of the end of each year of the performance period. The proposed term for the performance period is five years. The report will list the energy savings of all measures and will compare the actual or agreed upon savings to the guaranteed savings listed on Schedule 2 – Exhibit 1. One annual site visit is planned for the JCI Performance Assurance Engineer in years one, two and three. The visit will be pre-arranged and the purpose will be to provide ongoing verification that the measures installed continue to operate as designed. Findings from these site visits will be presented in the annual report depending on the timing of the site visit. If there are any situations requiring immediate attention from the Customer they will be communicated as soon as possible, and documented later in the annual report. ---PAGE BREAK--- Schedule 3 43 CUSTOMER RESPONSIBILITIES In order for JCI to perform its obligations under this Agreement with respect to the Work, the Assured Performance Guarantee, and the M&V Services, Customer shall be responsible for providing the services below. JCI will provide to Customer a 30 day notice that requires the shutdown of Customer’s critical services. 1. Providing JCI, its subcontractors, and its agents reasonable and safe access to all facilities and properties that are subject to the Work and/or M&V Services; 2. Upon notice, providing for shut down and scheduling of affected locations during installation, including timely shutdowns of chilled water and hot water systems as needed to accomplish the Work and/or M&V Services; 3. Providing timely reviews and approvals of design submissions, proposed change orders, and other project documents; 4. To the extent required, providing the following information with respect to the project and project site as soon as practicable following JCI’s request: a. surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; b. geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the project site; c. temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the project and enable JCI to perform the Work; d. a legal description of the project site; e. as-built and record drawings of any existing structures at the project site; and f. environmental studies, reports and impact statement describing the environmental conditions, including hazardous conditions or materials, in existence at the project site. 5. Securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable JCI to perform the Work; 6. Providing assistance to JCI in obtaining any permits, approvals, and licenses that are JCI’s responsibility to obtain as set forth in Schedule 1; 7. Obtaining any permits, approvals, and licenses that are necessary for the performance of the Work and are not JCI’s responsibility to obtain as set forth in Schedule 1; 8. Properly maintaining, and performing appropriate preventative maintenance on, all equipment and building systems affecting the Assured Performance Guarantee in accordance with manufacturers’ standards and specifications; 9. Providing the utility bills, reports, and similar information reasonably necessary for administering JCI’s obligations under the Assured Performance Guarantee within thirty (30) days of Customer receipt and/or generation or JCI’s request therefore; 10. Providing all records relating to energy and/or water usage and related maintenance of the premises and relevant equipment requested by JCI; 11. Providing and installing utility sub-meters on all new construction and/or additions built during the Guarantee Term as recommended by JCI or, alternatively, paying JCI’s applicable fees for calculating necessary adjustments to the Assured Performance Guarantee as a result of the new construction; 12. Providing and maintaining a dedicated telephone line and/or TCP/IP remote connection to facilitate remote monitoring of relevant equipment; ---PAGE BREAK--- Schedule 3 44 13. notifying JCI of any change in use or condition described in Section III of Schedule 2 or any other matter that may impact the Assured Performance Guarantee; 14. Taking all actions reasonably necessary to achieve the Non-Measured Project Benefits; In addition to the foregoing, Customer is responsible for the items set forth below in connection with utility meter projects: 1. Isolating the utility system to allow for meter/valve change out, including identification of all shut-off valves; 2. Scheduling shutdowns, downtimes, and relocation of new commercial vaults; 3. Traffic safety during installation; 4. Ongoing care and maintenance of the utility system, including all meters, AMR equipment and systems, meter boxes, and meter vaults at or above manufacturers’ specifications and recommendations; ---PAGE BREAK--- Schedule 4 45 PRICE AND PAYMENT TERMS Customer shall make payments to JCI pursuant to this Schedule 4. 1. Work. The price to be paid by Customer for the Work shall be $1,135,765. Payments (including payment for materials delivered to JCI and undisputed work performed on and off-site) shall be made to JCI as follows: Payment No. Payment Month Amount 1 Nov-10 $340,730 2 Dec-10 $113,577 3 Jan-11 $113,577 4 Feb-11 $227,131 5 Mar-11 - 6 Apr-11 - 7 May-11 $56,788 8 Jun-11 $56,788 9 Jul-11 $113,577 10 Aug-11 $113,577 Total $1,135,765 2. M&V Services. The total price for JCI's M&V Services, as detailed on Schedule 2 of this Agreement, is $17,802. These payments will be due and payable when Customer receives JCI's invoice and shall be made throughout the Guarantee Term. Year Performance Reporting & Guarantee Services Semi-Annual Payments each year 1 $10,816 $5,408 2 $1,670 $835 3 $1,720 $860 4 $1,771 $885 5 $1,825 $913 Total $17,802 ---PAGE BREAK--- Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. 79 NOTICE TO PROCEED Johnson Controls, Inc. 10289 West Centennial Road Littleton, CO 80127 ATTN: Kevin Hoff Re: Notice to Proceed for City of Missoula Performance Contract Dear Mr. Hoff: This Notice to Proceed is being issued by City of Missoula, Montana (“Customer”) to Johnson Controls, Inc. (“JCI”) pursuant to that certain Performance Contract entered into between Customer and JCI 2010 for the purpose of notifying JCI to commence Work under such contract. In the event that this Notice to Proceed is delivered by Customer prior to the execution of the Performance Contract by Customer and JCI, Customer understands and expects JCI will incur significant costs and expenses in complying with this Notice to Proceed. In the event the Performance Contract is not executed by the parties, for any reason, Customer agrees to pay JCI for its costs and fees incurred in complying with this Notice to Proceed on a time and material basis. Customer also agrees JCI shall be entitled to a reasonable markup thereon for profit and overhead. Customer agrees to pay amounts billed by JCI no later than five days after Customer receives JCI’s payment application. JCI will continue to submit payment applications to Customer until the Performance Contract is executed. Once the Performance Contract is executed, JCI will begin submitting its payment applications to Customer in accordance with the terms and conditions set forth therein. Any amounts already paid by Customer will be credited towards the Performance Contract price. By signing and dating this Notice to Proceed, the parties hereto agree to these terms and represent and warrant they have the authority to execute this Notice to Proceed on behalf of their respective organizations. ACKNOWLEDGED & AGREED TO: CITY OF MISSOULA, MONTANA Signature: Printed Name: Title: Date: ACKNOWLEDGED & AGREED TO: JOHNSON CONTROLS, INC. Signature: Printed Name: Title: Date: ---PAGE BREAK--- Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. 0 CHANGE ORDER Performance Contract dated , 20 between Johnson Controls, Inc. and Customer Change Order No. Date (mo/day/yr) Customer CITY OF MISSOULA, MONTANA The above referenced Performance Contract is hereby modified to the extent described below in accordance with the Terms and Conditions of the CHANGE ORDERS section thereof. Scope of Work changed as follows: Total amount of this Change Order $ Total Performance Contract amount as revised by this Change Order $ The time for completion is: increased, decreased, unchanged. The new completion date resulting from this Change Order is: (mo, day, yr) [check if applicable] Assured Performance Guarantee changed as follows: Unless specifically changed by this Change Order, all terms, conditions and provisions of the above referenced Performance Contract remain unchanged and in full effect. JOHNSON CONTROLS, INC. CUSTOMER Signature: Signature: Printed Name: Printed Name: Title: Title: ---PAGE BREAK--- Performance Contract [Rev 15] 04/08 Johnson Controls, Inc. – Proprietary © 2008 Johnson Controls, Inc. 1 CERTIFICATE OF SUBSTANTIAL COMPLETION PARTIES: JOHNSON CONTROLS, INC. (“JCI”) 10289 West Centennial Road Littleton, CO 80127 CITY OF MISSOULA, MONTANA (“Customer”) 435 Ryman Street Missoula, MT 59802 PROJECT: City of Missoula, Montana Performance Contract dated 2010 between JCI and Customer By executing this Certificate of Substantial Completion, Customer acknowledges the following: a. The work set forth in the Performance Contract is substantially complete. b. Customer has received the manuals, warranty information, and training required under the Performance Contract. c. The following punch list items must be completed by JCI (check as applicable): punch list attached punch list complete d. Upon completion of the punch list items, or if such punch list items are complete, JCI and Customer shall sign the Certificate of Final Completion attached hereto. Dated: 2010 CUSTOMER: JOHNSON CONTROLS, INC.: Signature: Signature: Printed Name: Printed Name: Title: Title: ---PAGE BREAK--- Attachment 2 81 CERTIFICATE OF FINAL COMPLETION PARTIES: JOHNSON CONTROLS, INC. (“JCI”) 10289 West Centennial Road Littleton, CO 80127 CITY OF MISSOULA, MONTANA (“Customer”) 435 Ryman Street Missoula, MT 59802 PROJECT: City of Missoula, Montana; Performance Contract dated 20___ between JCI and Customer By executing this Certificate of Final Completion, Customer acknowledges the following: a. The work set forth in the Performance Contract has been reviewed and determined by Customer to be fully complete. b. Customer accepts the work as complete and hereby releases JCI’s obligations under any performance and payment bonds posted for the project as of the date set forth below. Dated 20___ CUSTOMER: JOHNSON CONTROLS, INC.: Signature: Signature: Printed Name: Printed Name: Title: Title: