The URL can be used to link to this page

Home My WebLink AboutPCA - MPAC Guaranteed Energy Savings Contract Proj No. 121-030 - Ameresco, Inc.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 9, 2024 Mr. Jay Fleishman Ameresco, Inc. 10 S. LaSalle St., Suite 3450 Chicago, IL 60603 jfleishmangameresco.com; zmafrajigameresco.com RE: Project Completion Affidavit — Morris Performing Arts Center Guaranteed Energy Savings Contract —Project No. 121-030 Dear Mr. Fleishman: At its April 9, 2024 meeting, the Board of Public Works approved the Project Completion Affidavit for this project in the amount of $5,386,410. A copy of the Project Completion Affidavit is enclosed for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Hefner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Rebecca Plantz, Senior Project Engineer SUBJECT: Project Completion, Project No. 121-030 Morris Performing Arts Center Guaranteed Energy Savings Contract DATE: March 27, 2024 The Guaranteed Energy Savings Contract with Ameresco, Inc. was effective on October 26, 2021, setting the guaranteed maximum price for the cost of work at $5,361,000. The annual guaranteed savings amount is made up of energy savings and operating cost savings. These savings will be reported to the State of Indiana by Ameresco on the City's behalf. The energy conservation measures included boiler and pump replacement, air handling unit replacements, rooftop and makeup air unit replacements, heatpump controls upgrades, new building automation system, plumbing fixture replacements, roofing replacement, fire alarm system replacement, and LED lighting upgrades. The first and only change order removed a failing water heater and looped that area into the building's existing system, bringing the guaranteed maximum price to $5,386,410.00. The GESC approach promoted collaborative problem solving, permitted flexibility as unknowns were exposed, and made sustainable solutions more achievable for the building's assets. This project's qualification review was published and performed prior to the enactment of the City's MWBE program and therefore, no goals were associated with this project. Overall, the success of the Morris Performing Arts Center Guaranteed Energy Savings Contract provided benefits to the asset and funds supporting it. Please call with your questions (5998). CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Morris Performing Arts Center Guaranteed Energy Savings Contract PROJECT NO 121-030 FINAL COST $5,386,410.00 CONTRACT SIGNED October 26, 2021 MAINTENANCE AGREEMENT ENDS PROJECT DESCRIPTION _Aijennerov savin- WITNESSETH: Performing Arts Center The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the City of South Bend which were a part of the above Contract. Executed this f, day of Company Name Signaturel i/ 4L 4 ,�� - lZ/ Company Address Printed Name WITNESSES& Before me, the undersigned Notary Public in and fo Ci:2ir1 ilryt, �,C: , and acknowledged his/her the to day of.fflQt7' ti , 201<�_2. Notar 'Signature •+-f'VtE'.lCz.. 11Ct�'`r=:';r" �'UCt.i't'�' Printed Name ti s, ANGELADARLENE WYANT r said country and state, perso d l� red !rotary Public - Arizona signature to the above Project Affy K county is it 596217 my Comm. Expires Mar ta. 2025 My Commission Expires l.- ' ot t'ok) 1q County of Residence L0,7C / 1Lf ("_ If the Contractor is a corporation, the following certificate will be executed. I, certify that I am Secretary of the Corporation executing this release; that who signed this release on behalf of the contractor was then of said Corporation.- that said release was duly signed for and on behalf of said Corporation by Authority of its governing body, and is within the scope of corporate powers: Secretary's Signature Printed Name Corporate Seal DEPARTMENT OF PUBLIC WORKS APPROVAL This project is acceptable for final approval and we recommend to the Board of Public Works that it be ordained so. flV • V& Date:—3/27/2024 Project Manager CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS vA�a Elizabeth A. Maradik, President �� Qs�l-nit t Gary A. Gilot, Member 1W__ Murray L. Miller, Member 1,4; 2— r Joseph R. Molnar, Vice President Briana Micou, Member (,<i/ Attest: Theresa M. Heffner, Clerk Date: April 9, 2024 AFFIDAVIT AND WAIVER OF LIEN 0", c' State o County of�DSS: G' P, - being duly sworn that h sh is the ` (�pai I a Lo� D LI'Ja (Name of Officer) I l / (Title) of Q. F�-(?(` -P 0 having contracted with l _rl It / f �y u`� -f, �� . (Subcontractor/Supplier) (Contractor) to fumish certain materials and/or labor as follows: M p L A e for a project known as (Name of Project) located at and owned by and does hereby further state on the behalf of the aforementioned subcontractor/supplier; (PARTIAL WAIVER) that there is due from the Contractor the sum of ❑ receipt of which is hereby acknowledged; or e n . .,4 7 Dollars (S j ❑ the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned; AL WAIVER that the baJanr ue from the contractor is the sum of vF' u nd � � & �� QTI'j-tine S( S 6 f�Q� 06 ❑ receipt of which is hereby acknowledged; or the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall become effective only upon receipt of such payment THEREFORE, the undersigned waives and releases unto the Owner of said premises, any and all liens or claims whatsoever on the above -described property and improvements thereon an account of labor or material or both, furnished b the undersigned thereto, subject to limitations or conditions expressed herein, if any; and further certified that no other parry has any claim or right to a lien on account of any work performed or material furnished to the undersigned for said proje , and within the scope of this Affidavit and Waiver of Lien. CkN ere'Y 0 By 7 (Firm) (Authorized Representative) STATE OF X O ) SS: Before me, tho undersigned, a Notary Public, in and for said County and State, personally appeared and acknowledged the execution of the foregoing Affidavit and Waiver of Lien. IN WITNESS WHEREOF, I have hereunto subscribed my name and of ixrd my official seal on the day of J/ Notary Public Signature M y Commission Expires: , Residing in k 01 ✓t County, Notary Public Name COLLEEN LORMS Notary Public ° State of Ohio c, ' • :. - .�»' c My Comm. Expires >'_4ra• "' o March 25, 2025 ATTACHIH EM D (3) SUBSTANTIAL COMPLETION CERTIFICATE PROJECT NAME & ADDRESS: PROJECT NO.: Morris g Mier ormui CONTRACT DATE: Arts Cen ter 211 N. c ' Street„ DESCRIPTION: _Palais Royale_ 105 W. Colfax Avenue South Bend, IN 46601 33433 l0 ?G/2021„ The installation of [list each ECM being accepted with this certificate] under the Agreement has/have been reviewed and found to be substantially complete. The date of Substantial Completion of the forgoing ECM(s) is hereby established as: SUBSTANTIAL COMPLETION DATE: See Rage #2 for the dates per scope The date of Substantial Completion of an ECM is the date when such ECM is sufficiently complete in accordance with the Agreement so that Customer derives beneficial use thereof. The punch list items are hereby completed in accordance with the Agreement. [Customer agrees that the Energy Savings and Operating Cost Savings, as applicable, have been satisfied for the term of the Guarantee Period.] The Substantial Completion date set forth above is the date of commencement of applicable warranties for such ECM(s), as required by the Agreement. A list of items to be completed or corrected is identified below as punch list items. CONTRACTOR: Ametesco, Inc.,111 Speen Street, Suite 410, Framingham, Massachusetts 01701 AUTHORIZED NAME: CUSTOMER: AUTHORIZED NAME: N/A DATE: Zalsi Mafraj (type or print) 12/12/2023 LO DATE: (type or print) PUNCHLIST ITEMS A.«aI-u auuFuuij:[L FagctsJ as necessary. 1-4umaer of pages attached Confidential & Proprietary Information of Ameresco, Inc. Page 37 of 54 AMERESO Green . Clean . Sustainable <4 Warranty Reference Chart Customer Name and Address: Project Title: Guaranteed Energy Saving City of South Bend Ens!and Infrastructure Upgrades 219 S St. Luis Blvd South Bend, IN 46617 Project #: 33433 Start Sub-Proiect Tasks nn4a Fna n.+.. ECM-11 Boiler Replacement 9/20QO22 8i1012024 ECM-1 Pump Replacement 8/1/2022 8/1/2023 ECM-2 AHU-4 Replacement 4/10/2023 41012024 ECM-3 RTU Replacement 8/1212022 $112/2027 ECM-3 MAU Replacement 3/2212023 3/2212024 ECM4 Heatpump Control Upgrades 1212/2022 12=023 ECM-6 Now Building Automation System 611/2023 6/1/2024 ECM-6 Plumping Fixture Replacement 3/30/2022 3/30/2023 ECM-7 Roofing Replacement 1011312022 10113/2042 ECM-8 Fire Alarm System Replacement 1215/2023 12/512024 ECM-9 LED Lighting Upgrade 4/1212023 411212024 This warranty chart serves as a general reference for the equipment installed as part of the contract. Please refer to the following 'ee (3) locations for specific warranty information: Subcontractor's warranty letters, equipment manufacturer's literature, and the iergy Management Services Agreement between Ameresco and the City of South Bend_ 2. Ameresco, Inc. should be the initial point of contact for all warranty issues. ATTACHMENT D Q PERCENT COMPLETE ACKNOWLEDGEMENT CERTIFICATE Customer hereby acknowledges receipt and acceptance of the All ECMs portion of the Energy Conservation Measure (the "ECM") described in Attachment B to the Energy Services Agreement (the "Agreement") dated October 26 . 2021 between Customer and Ameresco. Customer certifies that the work described in the related application for payment submitted by Ameresco has been completed in accordance with the Agreement and that the ECM(s) are ]00 percent complete, as substantiated by sufficient detail provided by Ameresco. Customer agrees to make payment to Ameresco as set forth in Section 4 of the Agreement. Date Accepted by Customer: 12/5/2023 Accepted for: City of South Bend Accepted by: Name: Title: hrlkq -I ACKNOWLEDGMENT OF AMERESCO upon percent complete for the Ameresco hereby acknowledges that the total amount due based 5,386,410 ECM's described in Attachment B, and the Notice to Proceed, hereto is 4 Date Accepted by Ameresco: Accepted for: AMERESCO, INC. Accepted by: Name. Zaki Mafraji Title: Manager - Project Management Confidential & Proprietary information of Ameresco, Inc. Accepted for: Ameresco, Inc. Doran Digitally signed by Doran Matesic Accepted by: MateSIC os e;202403- Name: Goran Matesic Title: Senior Vice President - Commercial Services Page 36 of 54 ATTACHMENT D (1) DELIVERY AND ACCEPTANCE CERTIFICATE PROJECT COMPLETION LOG Sub -Project Tasks/Punch Listitems Coxrr letiola Date None Notes (special instructions, etc.): Items furnished to CUSTOMER with this Delivery and Acceptance Certificate: �9 Receipt of owner's manuals Ele, ctronic sets. Receipt of instruction and training; IZ 5 2023 I� Completion of inspection and walk-through. IRI Receipt of warranty information. The punch list items are hereby completed in accordance with the Agreement. [Customer agrees that the Energy Savings and Operating Cost Savings, as applicable, have been satisfied for the term of the Guarantee Period.] Confidential & Proprietaty Information of Amcresco, Inc. Page 35 of 54 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 03/27/2024 Name Becca Plantz Department Public Works BPW Date 04/09/2024 Phone Extension 5998 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Michael Schmidt 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. _ ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information Inc. L] Yes L] If Yes, Approved by Purchasing ® No ❑❑ WBE Completed E-Verify Form Attached ❑❑ Neos Morris Performing Arts Center Guaranteed Energy Savings Contract 121-030 American Rescue Plan, Morris Capital PROJ-297, PO-14130 $5,386,410.00 Guaranteed Maximum Closeout of the energy savings project for mechanical, electrical, and plumbing upgrades in the Morris Performing Arts Center. For Chance Orders Onl Amount of Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: 0%