HomeMy WebLinkAbout2017 CON Ameresco - Energy Services Agreement - Payment and Performance BondsAMERESCO
Green • Ciean • Sustainable
111 Speen Street • Suite 410 • Framingham • MA • 01701
Direct Dial: 508-661-2220 • Facsimile: 508-598-3220
DATE:
RE:
TO:
TRANSMITTAL LETTER
Monday, August 14, 2017
Energy Services Agreement - Payment and Performance Bonds
Jose Lopez
City of National City
1243 National City Boulevard
National City, CA 91950
WE TRANSMIT:
® Herewith
FOR YOUR:
❑ Approval
❑ Review & Comment
THE FOLLOWING:
❑ Cert. of Substantial Completion
❑ Drawing(s)
❑ Confidentiality Agreement
❑ In accordance with your request
El Distribution
® Records
❑ Certified Payroll(s)
❑ Purchase Order
® Other: Performance and Payment Bonds
❑ Information
® Use
❑ Change Order
❑ Specifications
Copies
DocumentD
ate
Rev.
No.
Description
Action
Code
1
08/10/17
N/A
Performance and Payment Bond Nos. 300021461 & 012027013
A
ACTION CODE:
(A) No action required.
(B) For signature and forwarding as noted in remarks.
(C) Please sign both originals and return one fully executed original.
(D) Please see remarks below.
(E) Return with Performance & Payment Bond.
(F) Return with Certificate of Liability Insurance.
REMARKS: THANK YOU.
COPIES TO: (W/Enclosures)
Scott Wentworth
Sheri Cole
Nancy Rorabaugh
BY: John Abate
Manager — Contract Administration
PERFORMANCE BOND
Western Surety Company # 30021461
Liberty Mutual Insurance Company # 012027013
WHEREAS, the City Council of the City of National City, by Resolution No.
, passed the 20th day of June, 2017 has awarded to Ameresco, Inc.,
hereinafter designated as the "Principal", the
AMERESCO ENERGY SERVICES AGREEMENT
WHEREAS, said Principal is required under the terms of said contract to furnish a
bond for the faithful performance of said contract.
NOW, THEREFORE, we, the Principal and Western Surety Company and Liberty
Mutual Insurance Company as sureties, are held and firmly bound unto the City Council
of the City of National City, hereinafter called the "Council", in the penal sum of
Five Million Four Hundred Three Thousand Three Hundred Eight and 00/100
Dollars($5,403,308.00) lawful money of the United States, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden
Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants,
conditions and agreements in the said contract any alteration thereof made as therein
provides, on his or their part, to be kept and performed at the time and in the amount
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of National City, the City Council, their
officers, agents, and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and virtue.
It is understood and agreed that the Sureties obligation under this bond is subject
to terms and conditions of Contract Section 15 (b) (vii).
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the
work to be performed herein or the specifications accompanying the same shall in any
wise affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or additions to the terms of the contract or to the
work or to the specifications.
In the event suit is brought upon this bond by the City of National City and judgment is
recovered, the surety shall pay all costs incurred by the Council in such suit, including a
reasonable attorney's fee to be fixed by the Court.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on the 101 day of August, 2017.
Ameresco, Inc., Principal
Western Suret
Michel F. Carney, Attorn -y-in-Fa t
Liberty Mutual Insur..:►•ia ompany, Surety
BY
Michael F. Car
y,
A . rney-in act
PERFORMANCE BOND
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF Massachusetts )
COUNTY OF Middlesex )
) ss
On this 10th day of August, 2017, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Michael F. Carney known to me to be the
person whose name is subscribed to the within instrument as the attorney -in -fact of the
Western Surety Companyand Liberty Mutual Insurance Company, the corporations
named as Sureties in said instrument, and acknowledged to me that he subscribed the
name of said corporation thereto as Surety, and his own name as attorney -in -fact.
NOTE: Signature of those executing for
Surety must be properly
acknowledged.
Signature:
Name (Type or Print): Maria L. O'Brien
NOTE: The Attorney -in -fact must attach a
certified copy of the Power of
Attorney.
Notary Public in and for said County and State
My Commission expires:
MARIA L O'BRIEN
Nclzy Pull Garrournaith of hiamadualis
My Cornission Expires Sept. 9. 2022
PAYMENT BOND
Western Surety Company # 30021461
Liberty Mutual Insurance Company # 012027013
WHEREAS, the City Council of the City of National City, by Resolution No.
, passed the 20th day of June, 2017 has awarded to Ameresco, Inc.,
hereinafter designated as the "Principal", the
AMERESCO ENERGY SERVICES AGREEMENT
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225)
and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California
Civil Code to furnish a bond in connection with said contract;
NOW, THEREFORE, we, the Principal and Western Surety Company and Liberty
Mutual Insurance Company as sureties, are held and firmly bound unto the City Council
of the City of National City, hereinafter called the "Council", in the penal sum of
Five Million Four Hundred Three Thousand Three Hundred Eight and 00/100
Dollars($5,403,308.00) lawful money of the United States, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its
subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
any of the persons named in Section 3181 of the California Civil Code, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed by
any such claimant, or for any amounts required to be deducted, withheld, and paid over
to the Franchise Tax Board from the wages of employees of the Contractor and his
subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with
respect to such work and labor the Surety will pay for the same in an amount not
exceeding the sum hereinafter specified, and also, in case suit is brought upon this
bond, a reasonable attorney's fee, to be fixed by the Court.
It is understood and agreed that the Sureties obligation under this bond is
subject to terms and conditions of Contract Section 15 (b) (vii).
This Bond shall inure to the benefit of any of the persons named in Section 3181
of the California Civil Code, so as to give a right of action to such persons or their assigns
in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of
time for performance, addition, alteration or modification in, to, or of any contract,
plans, specifications, or agreement pertaining or relating to any scheme or work of
improvement hereinabove described or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, not by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement hereinabove described, nor by any rescission or attempted
rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise
entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all
persons for whose benefit such bond is given, and under no circumstances shall Surety
be released from liability to those for whose benefit such bond has been given, by
reason of any breach of contract between the owner of Public Entity and original
contractor or on the part of any obliges named in such bond, but the sole conditions of
recovery shall be that claimant is a person described in Section 3110 or 3112 of the
California Civil Code, and has not been paid the full amount of his claim and that Surety
does hereby waive notice of any such change, extension of time, addition, alteration or
modification herein mentioned.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on the 10th day of August, 2017.
Ameresco, Inc., Principal
Western Surety Com • .;�� Syr�ty
Mic1 ael F. Carney, Attorney -in -
liberty Mutual
BY
suraCompany, Surety
Michael F. Carney, Attorney -in act
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF Massachusetts
) ss
COUNTY OF Middlesex
On this 10th day of August, 2017, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Michael F. Carney known to me to be the
person whose name is subscribed to the within instrument as the attorney -in -fact of the
Western Surety Companyand Liberty Mutual Insurance Company, the corporations
named as Sureties in said instrument, and acknowledged to me that he subscribed the
name of said corporation thereto as Surety, and his own name as attorney -in -fact.
NOTE: Signature of those executing for
Surety must be properly
acknowledged.
NOTE: The Attorney -in -fact must attach a
certified copy of the Power of
Attorney.
Signature:
Name (Type or Print): Maria L. O'Brien
Notary Public in and for said County and State
My Commission expires:
A
MARIA L O'BRJEN
boy Mc, diilassens*
coiai ssiw E ss Sept. 9, 2022
ONDS
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Gregory D Juwa, Richard F Caruso, James J Axon, Michael F Carney, Wilder Parks Jr,
Michael T Gilbert, Adam W De Sanctis, Christine B Gallagher, Bryan F Juwa, Paul
A Patalano, David A Boutiette, Rebecca Shanley, Jonathan E Duggan, Individually
of Woburn, MA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 23rd day of June, 2016.
State of South Dakota
County of Minnehaha
}
ss
WESTERN SURETY COMPANY
aul T. Bruflat, Vice President
On this 23rd day of June, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires
June 23, 2021
J. MOHR
SEOl SOUTH NO rAITY �L
CERTIFICATE
J. Mohr, Notary Public
I, L. Nelson, Assistant Secretary of WESTERN SUREi'Y COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation pri the reverse hereo still in force testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this Q / day of all y f / 02 0 / 7.
WESTERN SURETY COMPANY
2121-14"4771"..1
L. Nelson, Assistant Secretary
Form F4280-7-2012
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
-
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,
organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority
Adam W. DeSanctis; Bryan F. Juwa; Christine B. Gallagher; David A. Boutiette; Gregory D. Juwa;
in the manner and to the extent herein stated.
Certificate No. 7564796
Insurance Company
organized under the laws of the State of New Hampshire, that
and West American Insurance Company is a corporation duly
herein set forth, does hereby name, constitute and appoint,
James J. Axon; Jonathan Duggan; Lesliann Ortiz;
Lindsay A. Knowlton; Michael F. Carney; Michael T. Gilbert; Paul A. Patalano; Rebecca Shanley; Richard F. Caruso; Tonya DeGrazia; Wilder Parks, Jr
all of the city of Woburn state of MA each individually
if there be more than one named, its true
undertakings, bonds, recognizances and
and attested by the secretary of the
officer or official of the Companies
David M. Carey, who acknowledged
and that he, as such, being authorized
officer.
seal at King of Prussia, Pennsylvania,
COMMONWEALTH OF PENNSYLVANIA
and lawful attorney -in -fact to make, execute, seal, acknowledge
other surety obligations, in pursuance of these presents and shall
Companies in their own proper persons.
and the corporate seals of the Companies have been affixed
The Ohio Insurance Com an
Company
Liberty Mutual Insurance Company
West me'irccaannn InsuranceCompany
By: 'APl' C
and deliver, for and on its behalf as surety and as its act and deed, any and all
be as binding upon the Companies as if they have been duly signed by the president
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized
thereto this 8th day of December 2016
To confirm the validity of this Power of Attorney call
1-610-832-8240 between 9:00 am and 4:30 om EST on anv business day.
Not valid for mortgage, note, loan, letter of credit,
currency rate, interest rate or residual value guarantees.
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2016 before me personally appeared
STATE OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 8th day of December
David M. Care ; Assistant Secretary
himself to be the Assistant Secretary of Liberty Mutual Insurance
so to do, execute the foregoing instrument for the purposes
on the day and year first above written.
By:
Company, The Ohio Casualty
therein contained by signing
IN WITNESS WHEREOF,
This Power of Attorney
Insurance Company, and
ARTICLE IV — OFFICERS
to such limitation as the
acknowledge and deliver
powers of attorney, shall
executed, such instruments
the provisions of this
ARTICLE XIII — Execution
and subject to such limitations
seal, acknowledge and
respective powers of
executed such instruments
Certificate of Designation
fact as may be necessary
obligations.
Authorization — By unanimous
Company, wherever appearing
the same force and effect
I, Renee C. Llewellyn,
hereby certify that the
has not been revoked.
IN TESTIMONY WHEREOF,
Company,
on behalf of
I have hereunto
is made and executed
West American
— Section 12.
Chairman or the
as surety any and
have full power
shall be as binding
article may be revoked
of Contracts —
as the chairman
deliver as surety
attorney, shall have
shall be as binding
— The President
to act on behalf
consent
upon a certified
as though manually
the undersigned,
original power of attomey
I have hereunto
tNSU
1912 $
� '4:.
) SAL1i4Y Sid
,
and West American Insurance Company,
the corporations by himself as a duly authorized
subscribed my name and affixed my notarial
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OF
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Notarial Seal
Teresa Pastella, Notary Public
Upper Merion Twp., Montgomery County
My Commission Expires March 28, 2017
Teresa Pastella, Notary Public
of The Ohio Casualty Insurance Company, Liberty Mutual
as follows:
purpose in writing by the Chairman or the President, and subject
to act in behalf of the Corporation to make, execute, seal,
-in -fact, subject to the limitations set forth in their respective
and to attach thereto the seal of the Corporation. When so
or authority granted to any representative or attorney -in -fact under
granting such power or authority.
for that purpose in writing by the chairman or the president,
be necessary to act in behalf of the Company to make, execute,
Such attorneys -in -fact subject to the limitations set forth in their
and to attach thereto the seal of the Company. When so
David M. Carey, Assistant Secretary to appoint such attorneys -in -
any and all undertakings, bonds, recognizances and other surety
reproduced signature of any assistant secretary of the
surety bonds, shall be valid and binding upon the Company with
Insurance Company, and West American Insurance Company do
executed by said Companies, is in full force and effect and
of 11 a '' 20 1 7 .
Member, Pennsylvania Association of Notaries
of the following By-laws and Authorizations
are now in full force and effect reading
official of the Corporation authorized for that
such attorneys -in -fact, as may be necessary
and other surety obligations. Such attorneys
and execution of any such instruments
attested to by the Secretary. Any power
the President or by the officer or officers
Any officer of the Company authorized
shall appoint such attorneys -in -fact, as may
and other surety obligations.
signature and execution of any such instruments
attested by the secretary.
the Bylaws of the Company, authorizes
seal, acknowledge and deliver as surety
Company consents that facsimile or mechanically
by the Company in connection with
Insurance Company, Liberty Mutual
true and correct copy of the Power of Attomey
of said Companies this J /) day
pursuant to and by authority
Insurance Company which resolutions
Power of Attorney. Any officer or other
President may prescribe, shall appoint
all undertakings, bonds, recognizances
to bind the Corporation by their signature
as if signed by the President and
at any time by the Board, the Chairman,
SECTION 5. Surety Bonds and Undertakings.
or the president may prescribe,
any and all undertakings, bonds, recognizances
full power to bind the Company by their
as if signed by the president and
of the Company, acting pursuant to
of the Company to make, execute,
of the Company's Board of Directors, the
copy of any power of attorney issued
affixed.
Assistant Secretary, The Ohio Casualty
of which the foregoing is a full,
set my hand and affixed the seals
i,
_
By.
Y INSU
J�cu,o-II,J,p
O 1919 n
O\ e"
`� �"�.SM?Sx 4,
�`oy,yv
1991
NDIANP
Renee C. Llew istant Secretary
130 of 300
LMS_12873_082016
Engineering Department
1243 National City Boulevard, National City, CA 91950
DATE: August 14, 2017
TO: Michael Dalla, City Clerk
FROM: Kuna Muthusamy, Engineering Department
PROJECT: AMERESCO Energy Services Agreement
Enclosed are the Performance and Payment Bond No. 300021461 & 012027013 for your files. If
you have any questions please call me at (619) 336-4383.
Sincerely,
Kuna Muthusamy
City Engineer