HomeMy WebLinkAboutChange Order No 1 - MPAC Guaranteed Energy Savings Contract Proj No. 121-030 - Ameresco, Inc.
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
April 11, 2023
Mr. Jay Fleishman
Ameresco, Inc.
10 S. LaSalle St., Suite 3450
Chicago, IL 60603
jfleishman@ameresco.com; zmafraji@ameresco.com
RE: Change Order No. 1 – Morris Performing Arts Center Guaranteed Energy Savings
Contract – Project No. 121-030
Dear Mr. Fleishman:
At its April 11, 2023 meeting, the Board of Public Works approved the above referenced
Change Order be increased by $25,410, bringing the revised contract amount to $5,386,410.
Enclosed is a copy of the Change Order for your records.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
Confidential & Proprietary Information of Ameresco, Inc.
Page 1 of 7
CHANGE ORDER #1
(Agreement for change in Scope of Services)
CUSTOMER: City of South Bend
Ameresco Project No. 33433
I. REQUEST Date: January ____, 2023
(a) Requested by City of South Bend pursuant to Section 8 of the Energy
Services Agreement dated October 26, 2021
(b) Description of change MAU connect to existing hot water loop
II. AMERESCO’S AGREEMENT
For all costs involved in this change including extensions of time herein requested, Ameresco proposes
to perform the additional work described in the Attachments listed below (which are hereby
incorporated herein by reference into the Agreement resulting from this Change Order #1),
accordance with the provisions of the Agreement entered into October, 26 2021, (excluding the
original Attachments, except where indicated, but including the Attachments listed below) for the
Contract Cost as follows.
Payment shall be made on the basis of:
(x) Predetermined lump sum total of (add) TWENTY FIVE THOUSAND FOUR
HUNDRED TEN AND 00/100 DOLLARS ($25,410.00).
ATTACHMENTS
ATTACHMENT A-1 PROPERTY DESCRIPTION
ATTACHMENT B-1 SCOPE OF SERVICES
ATTACHMENT E-1 NOTICE TO PROCEED
ATTACHMENT K-1 CONTRACT SUMMARY
Capitalized terms not defined herein shall have the same meaning as those set forth in the Agreement.
All references in the Agreement to Attachments shall also mean and refer to Attachments A-1, B-1,
etc., included in this Change Order as a separate Scope of Services.
All other provisions of the Agreement not expressly modified by this Change Order #1 shall remain
in full force and effect including but not limited to, Section 25 of the Agreement, Representations and
Warranties, which representations and warranties are incorporated herein by reference with respect to
this Change Order #1.
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IN WITNESS WHEREOF, the Parties hereto have caused this Change Order #1 to be duly executed
and delivered by their proper and duly authorized officers as of the date first written above.
Contract Award $5,361,000.00
Previous Additions $0.00
Previous Deductions $0.00
Net Total $5,361,000.00
This Change $25,410.00
Total $5,386,410.00
AMERESCO, INC.
_____________________________
Authorized and Required Signature
Name: Louis P. Maltezos
Title: Executive Vice President Date: ________________________
CITY OF SOUTH BEND
_____________________________
Authorized and Required Signature
Name: ________________________
Title: _________________________
April 11, 2023
Confidential & Proprietary Information of Ameresco, Inc.
Page 3 of 7
ATTACHMENTS TO ENERGY SERVICES AGREEMENT
BETWEEN
AMERESCO, INC.
AND
CITY OF SOUTH BEND
ATTACHMENT A-1
PROPERTY DESCRIPTION
The following buildings, facilities, and areas, which are owned and operated by CUSTOMER, are
included in the Scope of Services set forth in Attachment B-1:
Building Name Address City, State, Zip Code
Morris Performing Arts Center 211 N. Michigan St. South Bend, IN 46601
Confidential & Proprietary Information of Ameresco, Inc.
Page 4 of 7
ATTACHMENT B-1
SCOPE OF SERVICES
This Attachment sets forth a description of the Energy Conservation Measures (ECM) and related
equipment to be installed by Ameresco at the buildings, facilities, and areas set forth in Attachment A
within the Property. Installation of the ECM(s) and the included equipment is subject to change if
Ameresco discovers unforeseen conditions at the Property that render its preliminary analysis of the
Property inaccurate, or significantly affect achievement of the Guaranteed Savings. Any changes to the
installation of the ECM(s) and the included equipment are subject to approval of Customer and
issuance of a Change Order, which approval shall not be unreasonably withheld, conditioned or
delayed.
The ECMs described below are included in the Scope of Services:
ECM 1: MAU connection to hot water loop
Ameresco will remove the existing non-functional hot water heater and associated piping to the
makeup air unit and connect the makeup air unit heating hot water coil to the existing main hot water
loop of the building via new piping and a plate and frame heat exchanger.
This scope includes:
1. Demolish existing heating hot water heater
2. Demolish existing piping and valving to MAU
3. Demolish the existing hot water circulation pump
4. Existing gas supply to be capped at the location of the existing water heater. Gas piping to
this location will remain.
5. Existing gas flue to be capped in place
6. Furnish and install one (1) new plate and frame B&G BP410-30 heat exchanger with
maximum capacity of 500,000 BTU and two (2) new associated circulation pump to tie into
the existing hot water of the building in the nearby corridor. MAU side pump to be NBF-22,
1/25 HP. Source side pump to be NRF-36, 1/6 HP
7. Connect new valving and new pump to nearest existing building automation system (BAS)
controller and provide programming and graphics
8. Heating loop will contain a 35% glycol solution to prevent freezing
9. Valving will only open and pump will only energize when MAU calls for heat. Valving will
modulate to maintain a set temperature loop in the MAU
10. No changes to MAU operation or controls as installed under base contract
Confidential & Proprietary Information of Ameresco, Inc.
Page 5 of 7
General Scope of Services Comments:
• Unless specifically noted in the Scope of Services – abatement of ACM and other hazardous
materials is excluded.
• As final engineering is not started and equipment is not ordered until Ameresco has a signed
contract / notice to proceed - Ameresco cannot guarantee delivery dates / system start-up and
is not responsible for costs associated with additional mobilizations, temporary equipment,
etc. if long lead times affect construction schedule.
• Material ordering and final scheduling will not occur until a signed agreement is received.
• Ameresco pricing assumes 100% availability of rooms to do the work. Unless noted otherwise,
pricing based on first shift only (Monday through Friday).
• Unless specifically noted in the Scope of Services – paint / patch is excluded. If noted in the
Scope of Services – only the affected areas will be addressed (not the entire area / wall). Paint
will match existing adjacent as close as possible but an exact match cannot be guaranteed.
• Piping / conduit / wire mold may be run exposed in occupied spaces (as applicable).
• Unless specifically noted in the Scope of Services – conduit / wire mold is un-painted.
• Some existing equipment may be left abandoned in place.
• Unless specifically noted in the Scope of Services – no piping covers have been included.
• If applicable - tile and carpet in-fill strips will match adjacent existing as close as possible but
an exact match cannot be guaranteed.
• If applicable - existing ceiling tiles will be removed and reinstalled. New ceiling / grid is not
included in the Scope of Services unless specifically noted.
Confidential & Proprietary Information of Ameresco, Inc.
Page 6 of 7
ATTACHMENT E-1
NOTICE TO PROCEED
MONTH DAY YEAR
Jay Fleishman
Vice President - Operations
Ameresco, Inc.
10 S. LaSalle Street, Suite 3450
Chicago, IL 60603
SUBJECT: NOTICE TO PROCEED
Mr. Fleishman:
In accordance with the terms of the Energy Services Agreement dated July 1, 2021 , Customer
hereby issues this Notice to Proceed to Ameresco in relation to the Scope of Services for this Phase
set forth in Change Order #1 to such Agreement.
Sincerely,
CITY OF SOUTH BEND
_____________________
Signature
_____________________
Name
_____________________
Title
Confidential & Proprietary Information of Ameresco, Inc.
Page 7 of 7
ATTACHMENT K-1
CONTRACT SUMMARY
Item Contract
Amount ($)
Energy Savings
($)
Operating Cost
Savings ($)
Total
Guaranteed
Savings ($)
ESA $5,361,000 $47,448 $199,866 $247,314
Change Order 1 $25,410 $0 $0 $0
Total $5,386,410 $47,448 $499,866 $247,314
City of South Bend
Department of Administration & Finance
Change Order Request Form
Multiple PO lines:
Project POs:
PO Number 14130
Line Number 3
Original Dollar Amount $0.00
New Dollar Amount
(For liquidation request, enter $0)$25,410.00
Reason Code (if changed)
Financial Dimensions (fund-dept-
division-subdivision-main account)101-04-040-040-443001-ARP019
Project Code (if applicable)PROJ-297
Description of change (include
budget impact)MAU connect to existing hot water loop
APPROVED BY PROJECT
ACCOUNTING TEAM (if applicable)(PAT member's name and date to be completed by PAT member)
PO Number
Line Number
Original Dollar Amount
New Dollar Amount
(For liquidation request, enter $0)
Reason Code (if changed)
Financial Dimensions (fund-dept-
division-subdivision-main account)
Project Code (if applicable)
Description of change (include
budget impact)
APPROVED BY PROJECT
ACCOUNTING TEAM (if applicable)(PAT member's name and date to be completed by PAT member)
PO Number
Line Number
Original Dollar Amount
Changing the line amount:
You can only change a line amount if it has NOT been invoiced against.
• If the line has NOT been invoiced – reduce the line amount to equal what it should be.
• If the line has been invoiced – cancel the delivery remainder and finalize the individual line, then add a new line for the
amount that should be remaining.
If you have changes to more than one line on the same PO, fill out a separate section for each line affected by the change
order.
For change orders on project-related POs, this form must be approved by the Project Accounting Team as described in
Supplement 508.
Change Order Request Form - MPAC GESC PO 14130 1 of 3
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 04/03/2023
Name Becca Plantz Department Public Works
BPW Date 04/11/2023 Phone Extension 5998
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name Michael Patton BPW Attorney Attorney Name Michael Schmidt
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. 1 Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name Ameresco, Inc.
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Morris Performing Arts Center Guaranteed Energy Savings Contract
Project Number 121-030
Funding Source American Rescue Plan, Morris Capital
Account No. PROJ-297
Amount
Terms of Contract Guaranteed Maximum
Purpose/Description _Increase for connecting out of scope makeup air unit to existing hot water
loop.
For Change Orders Only
Amount of X
Increase
Decrease
$ 25,410.00
($ )
Previous Amount $ 5,361,000.00
Current Percent of Change:
Increase
Decrease
0.47%
( %)
New Amount $ 5,386,410.00
Total Percent of Change:
Increase
Decrease
0.47%
( %)
Time Extension Amount:
New Completion Date: