Loading...
HomeMy WebLinkAboutRES 09-347 RESOLUTION NO. 09-347 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Johnson Controls, Inc., in the amount of $72,352 for a Detailed Evaluation Study of City facilities. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of November, 2009. A C� T lei ayor Becky Ames - �� w RICH WITH OPPORTUNITY [I ILI ► � T - E - X - A - S INTER-OFFICE MEMORANDUM City of Beaumont, Texas Date: November 19, 2009 To: Kyle Hayes, City Manager From: Brenda Beadle, Capital Projects Manager Subject: Johnson Controls COMMENTS On November 17, 2009 by Resolution No. 09-347, City Council approved the execution of a contract with Johnson Controls, Inc. for a detailed evaluation study of City facilities in the amount of$72,352. The detailed audit report will provide a comprehensive analysis of each City-owned facility that will clearly lay out options available to the City for energy savings. Attached for your review and approval is a copy of the Project Development Agreement Between the City of Beaumont and Johnson Controls, Inc. If you require any additional information, please call. Otherwise, your signature on the attached contract will signify your approval. BB:tw Attachments PROJECT DEVELOPMENT AGREEMENT BETWEEN City of Beaumont Johnson Controls, Inc. 801 Main St. AND 3021 W Bend Drive Beaumont, Texas 77701 Irving, TX 75063 Johnson Controls, Inc. (JCI) and the Customer named above agree as follows: 1. Scope of Work JCI agrees to perform a Detailed Evaluation Study (Study) of the City's premises identified in Exhibit 1. JCI will analyze the operational expenditures and characteristics of the existing and new Premises and identify facility improvement measures and operating and maintenance services that can be provided to improve the infrastructure, and reduce operating costs. City agrees to provide its complete cooperation in the conduct and completion of the Study. JCI will provide to the Customer written documentation, which will include: a) A brief summary/description of facility improvement measures that JCI proposes to install or recommends for installation; b) A brief summary/description of the operating and maintenance services that can reduce operating costs at the Premises; and c) An estimate of the reduced operating costs and cost avoidance as a result of installing and/or implementing the recommended improvement measures and services. JCI will investigate the facility improvement measures and services identified in Table 1 (attached) as part of the Study. The City retains the right to add or delete facilities as necessary. 2. Records and Data During the Study, City will furnish to JCI upon its request, accurate and complete data concerning operational expenditures from and revenues for the Premises, including the following data for the most recent three years from the effective date of this Agreement: • Occupancy and usage information; • Descriptions of any changes in the building structure or its heating, cooling, lighting, or other systems; • Actual utility bills supplied by the utility and other relevant utility records; • Descriptions of relevant operational or maintenance procedures utilized on the Premises; • Summary of annual expenditures for operating the Premises; • Copies of representative current tenant leases, if any; and • Prior efficiency audits or studies of the Premises and/or operating procedures, if any. 3. Price and Payment Terms City agrees to pay to JCI the sum, not to exceed $72.352.00 within (60) days after the delivery to the City of the documentation described under the Scope of work of this Agreement. {409678.0038/A0271030_3} 1 Funds for payment are provided by the City of Beaumont budget approved by City Council for this fiscal year only. The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end of the current City of Beaumont fiscal year will be subject to budget approval. In the event the obligation extends beyond this fiscal year, the City will seek budget approval for the obligation in the next fiscal year's budget. 4. Indemnification/Liability JCI shall save harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from an error omission, or negligent act of JCI or of any person employed by JCI. JCI shall also save harmless the City from any and all expenses including attorney fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the /city as result of such activities by JCI, their agents, or employees. JCI shall within one (1) week after signing the contract and before any work shall start, furnish the City with certificates of insurance naming the City as additional insured, with respect to liability arising out of operations performed for the City or on behalf of JCI, but only to the extent of damages directly caused by the negligence of JCI, satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance and Comprehensive General Liability Insurance. Such insurance shall be at JCI's expense. The limits shall be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $250,000 per incidentt$500,000 per occurrence. These certificates shall contain a provision that the City shall be notified thirty (30) days before cancellation of insurance. JCI shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30) days written advance notice to the City. 5. Miscellaneous Provisions This Agreement cannot be assigned by either party without the prior written consent of the other party. This Agreement is the entire Agreement between JCI and the City and supersedes any prior oral understandings, written agreements, proposals or other communications between JCl and the City. Any change or modification to this Agreement will not be effective unless made in writing. This written instrument must specifically indicate that it is an amendment, change, or modification to this Agreement. K 16 Nye JOHNSON CONTROLS, INC. City of Beaumont y i By: MAatek CA-0 By: Signature: �j� � _ Signature: Title: ( W Title: Date: ()-O© Date: {409678.0038/A0271030_3} 2 JCI will investigate the following potential facility improvement measures (FIMs) listed in Table 1 during the Study outlined in this Agreement. Table 1 Fabililtcy-improvement",M+easums�(FiMs) HVAC Improvements Lighting Improvements O&M Improvements Utility Rate Improvements {409678.0038/A0271030_3} 3