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HomeMy WebLinkAbout2019 CON Ameresco - Energy Services Agreement Phase II - Notice of CompletionPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: City Engineer City'of National City 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: City Engineer City of National City 1243 National City Blvd. National City, CA 91950 DOC# 2019-0422275 IIIII II IIIII IIIII �111 IIIII IIIII Ill l I III I III III I IIII IIII IIII Sep 25, 2019 10:51 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) THIS SPACE FOR RECORDER'S USE ONLY PAGES: 3 (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) NOTICE OF COMPLETION AMERESCO ENERGY SERVICES AGREEMENT CIP 17-03 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECORDING REQUESTED BY WHEN RECORDED MAIL. TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 9204 NOTICE IS HEREBY GIVEN of the completion on March 1, 2019 of the Ameresco Energy Services Agreement CIP No. 17-03 Work of improvement or portion of work of improvement under construction or alteration. Ameresco performed certain energy conservation services and installations at those Cit_ facilities attached hereto as Attachment A. Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Ameresco, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: general laborer. Materials: HVAC Mechanical Equipment, solar panels, interior and exterior lights, and irrigation lines. Services: Installation of Civic Center HVAC & Controls Upgrades, Solar Panels, Interior Lighting Upgrades, Exterior Lighting Upgrades, HVAC Equipment Replacements, Irrigation Controls as well as the implementation of Domestic Water Conservation measures. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: August 20, 2019; Joint tenants, teri,?rtlirt/common other owners S i gn at u er City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, declare: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. Executed on August 20, 2019 at, onal City. Calit) rnia. Signature: ALEJANTELO-SOLIS, MAYOR ATTACHMENT A PROPERTY DESCRIPTION The Scope of Work was performed at the following locations: 1 Building Name Civic Center National City Address 1243 National City Boulevard National City, CA 91950 2 MLK Community Center 140E 12th Street National City, CA 91950 3 Kimball Senior Center 1221 D Avenue National City, CA 91950 4 Casa de Salud 1408 Harding Avenue National City, CA 91950 5 Public Library 1401 National City Boulevard National City, CA 91950 6 Police Department 1200 National City Boulevard National City, CA 91950 7 Fire Station 34 343E 16th Street National City, CA 91950 8 Fire Station 31 2333 Euclid Avenue National City, CA 91950 9 Arts Center 200 E 12th Street National City, CA 91950 10 Kimball Park 140 E 12th Street National City, CA 91950 11 Las Palmas Park 2101 Palm Avenue National City, CA 91950 12 Public Works Yard 1726 Wilson Avenue National City, CA 91950 RESOLUTION NO. 2019 —121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK PERFORMED BY AMERESCO, INC. FOR THE ENERGY SERVICES AGREEMENT, PHASE II, CIP NO. 17-03; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $5,440,535.54; 3) AUTHORIZING THE RELEASE OF RETENTION IN THE AMOUNT OF $272,026.78; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Ameresco Inc., for the total final contract amount of $5,440,535.54, for the Energy Services Agreement, Phase II, CIP No. 17-03. has been completed, the City Council of National City hereby accepts said work, ratifies the release of the retention in the amount of $272,026.78, authorizes the Mayor to execute the Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 20th day of August, 201 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS T• FORM: A gil : orris- ones Cit ttorney Passed and adopted by the Council of the City of National City, California, on August 20, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-121 of the City of National City, California, passed and adopted by the Council of said City on August 20, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT e., 2OIS -7V MEETING DATE: August 20, 2019 AGENDA ITEM NO. is EM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work performed by Ameresco, Inc. for the Energy Services Agreement, Phase II, CIP No. 17-03; 2) approving the final contract amount of $5,440,535.54; 3) authorizing the release of retention in the amount of $272,026.78; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Jose Lopez, P. PHONE: 619-336-4312 EXPLANATION: See attached. ssociate Civil Engineer DEPARTMENT: Engineering/Public Works APPROVED BY: a VANCIAL STATEMENT: ACCOUNT NO. 1N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Ameresco, Inc. for the Energy Services Agreements, Phase II, CIP No. 17-03 and approving the final contract amount of $5,440,535.54. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution , c /uo4cn ?tv. 3o/q -(al EXPLANATION In accordance with the City's Energy Roadmap and Climate Action Plan, Council directed staff on June 3, 2014 to "solicit proposals pursuant to California Government Code 4217, to design, install, and finance sustainability improvements within municipal facilities." In July 2014, the City's Engineering and Public Works Department advertised a Request for Statement of Qualifications (SOQ) for an energy services contract to make sustainability improvements to City facilities under a guaranteed energy savings contract. Proposals were solicited to provide energy -related capital improvement services through performance - based contracting. These services would include design, installation, maintenance, and monitoring of energy and water saving upgrades at City facilities with a guarantee that monetary savings will cover the cost of the upgrades. The City received two responses which were evaluated by a five member selection committee consisting of city staff, councilmembers and outside consultants. The panel gave Ameresco Inc. the highest overall rating. Accordingly, City staff and Ameresco negotiated an Energy Audit Agreement (Phase 1). Following execution of the Energy Audit Agreement, Ameresco conducted an Energy Audit of City facilities, developed a project scope of energy and water saving measures, forecasted savings, presented a financing solution, and offered specific technical and financial assurances to reduce performance risk. The Energy Audit provided the City with the information it needed to evaluate the costs and benefits of proceeding with wide ranging sustainability improvements for municipal facilities in Phase 2 through an Energy Services Agreement (ESA). After the completion of the Energy Audit, Ameresco presented City staff with several viable project options. Staff evaluated tho options and narrowed the options down to two, taking into consideration the best financial performance and priorities for the City. The two options were presented to City Council on September 20, 2016, where City Council gave direction to proceed with the staff recommendation of the full program scope of work (Option 2 per PowerPoint presentation presented September 20, 2016). The selected program, Option 2 (the "Project") included the following Energy Conservation Measures (ECMs): • ECM 1: Civic Center HVAC & Controls Upgrades • ECM 4: Solar PV • ECM 6: HVAC Controls • ECM 8: Interior Lighting Upgrades • ECM 9: Exterior Lighting Upgrades • ECM 10: HVAC Equipment Replacements • ECM 11: Domestic Water Conservation • ECM 12: Irrigation Controls In March of 2017, the City submitted an application to the IRS to obtain tax credit financing through the Clean and Renewable Energy Bond ("CREB") program for a portion of the project that was eligible. On April 17, 2017, the City received approval from the IRS to issue up to $1,800,000 in CREBS. -1- On June 17, 2017 the City Council adopted Resolution No. 2017-129 entering into an Energy Services Agreement with Ameresco, Inc. in the amount of $5,403,308. The Notice to Proceed with construction was issued on July 13, 2017. Construction started on July 17, 2017 and was completed on February 28, 2019. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $37,227.54.This results in a 0.69% contract increase for a final contract balance of $5,440,535.54. As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work of Ameresco, Inc., for the Energy Services Agreements, Phase II, CIP No. 17-03; 2) approve the final contract amount of $5,440,535.54; 3) authorize the release of retention in the amount of $272,026.78; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. -2- RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 9204 NOTICE IS HEREBY GIVEN of the completion on March 1, 2019 of the Ameresco Energy Services Agreement CIP No. 17-03 Work of improvement or portion of work of improvement under construction or alteration. Ameresco performed certain energy conservation services and installations at those City facilities attached hereto as Attachment A. Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Ameresco, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: general laborer. Materials: HVAC Mechanical Equipment, solar panels, interior and exterior lights, and irrigation lines. Services: Installation of Civic Center HVAC & Controls Upgrades, Solar Panels, Interior Lighting Upgrades, Exterior Lighting Upgrades, HVAC Equipment Replacements, Irrigation Controls as well as the implementation of Domestic Water Conservation measures. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: August 20, 2019; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, declare: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. Executed on August 20, 2019 at, National City, California. Signature: ALEJANDRA SOTELO-SOLIS, MAYOR -3- FINAL CONTRACT BALANCE DATE: August 20, 2019 PROJECT: ENERGY SERVICES AGREEMENT, PHASE II FY 18/19 CIP No. 17-03 TO: Ameresco, Inc. 111 Speen St. Framingham, MA 01701 ORIGINAL CONTRACT AMOUNT: START DATE: ORIGINAL CONTRACT COMPLETION DAY: COMPLETION DATE: EXTENSION OF WORK DAYS: DESCRIPTION: $5,403,308 July 17, 2017 August 14, 2018 February 28, 2019 132 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1. 1. Public Library Wattstopper System Repairs: The City asked Ameresco for a scope and price to repair and improve the existing Wattstopper lighting control system at the Public Library; 2. MLK Community Center Temperature Sensor Additions: During wireless thermostat construction at the MLK Community Center, Ameresco discovered that the placement of three wall -mounted thermostats was not good for proper system operation. At the City's direction, Ameresco added three duct -mounted sensors to address the issue; 3. Extension of Time: The City and Ameresco mutually agreed in March 2018 that it was in the City's best interest for the City to re -roof the Civic Center and Police Station before Ameresco installed solar power systems on the two buildings. The City and Ameresco agreed in principal that Ameresco would extend the duration of its work at no additional cost to the City, provided that the City would extend the project completion date. This Change Order total amount was $6,124.00. Change Order #2. During the Civic Center Roof Replacement project (separate contract), failed electrical conduits were exposed on the roof. Ameresco contracted with Baker Electric through West Coast Air to perform the repair as a change order under their agreement on a time and materials basis. Baker Electric completed the repair on 8/8/18 to help keep the City's roofing project on track. This Change Order total amount was $ 1,209.90. -4- FINAL CONTRACT BALANCE Westside Mobility Improvements Specification No. 17-04 Change Order #3. This attached Change Order Request No. 3 was agreed upon by the City and Ameresco to facilitate the City's purchase of 96 light fixtures for Camacho Recreation Center. This Change Order total amount was $8,000.00. Change Order #4. Not Issued. Changer Order #5. Unforeseen asbestos abatement and disposal in the Civic Center during August 2018 not included in the base contract. The abatement was necessary to complete the HVAC improvements in the Civic Center. This Change Order total amount was $16,034.51. Change Order #6. Additional asbestos abatement activities that were necessary to facilitate HVAC improvements in the Civic Center. This Change Order No. 6 also includes a deduction for asbestos abatement completed by the City in the Civic Center Council Chambers and Large Conference Room, as a result of a disturbance by Ameresco's subcontractor. Additionally, while removing one of the rooftop air handling units, a sewer vent was discovered that needed to be extended through the penthouse roof. This Change Order total amount is $5,859.13. All Change Orders listed above increased the total contract amount $37,227.54. CONTRACT ADJUSTMENT: As a result of the above change orders, the contract price is adjusted as follows: 1. The final contract price is adjusted to $5,440,535.54 2. As a result of the satisfactory completion of said project, a retention amount of $272,026.78 is set for invoice processing and payment upon the receipt of signatures and City Council's approval of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Ameresco, Inc. will not be entitled to damages or additional payment for delays as described in the 2015 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. -5- RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK PERFORMED BY AMERESCO, INC. FOR THE ENERGY SERVICES AGREEMENT, PHASE II, CIP NO. 17-03; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $5,440,535.54; 3) AUTHORIZING THE RELEASE OF RETENTION IN THE AMOUNT OF $272,026.78; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Ameresco Inc., for the total final contract amount of $5,440,535.54, for the Energy Services Agreement, Phase II, CIP No. 17-03. has been completed, the City Council of National City hereby accepts said work, ratifies the release of the retention in the amount of $272,026.78, authorizes the Mayor to execute the Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 20th day of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 111, ,1U ���• H \\\,, CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk AMERESCO, INC. Energy Services Agreement, CIP 17-03 Ameresco has a copy of the recorded Notice of Completion.