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HomeMy WebLinkAbout2020 CON Countywide Mechanical Systems, Inc. - HVACFOURTH AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COUNTYWIDE MECHANICAL SYSTEMS, INC. THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 17th day of November, 2020, by and between the CITY OF NATIONAL CITY,, a municipal corporation ("CITY"), and COUNTYWIDE MECHANICAL SYSTEMS, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on August 15, 2017, ("the Agreement"), per City Council Resolution No. 2017-163, to provide heating, ventilation, and air conditioning (HVAC) preventative maintenance services to CITY facilities for a not -to -exceed amount of $170,412, for an initial term of one year, with the option to extend for up to two (2), one-year extensions; and WHEREAS, on July 17, 2018, the City Council adopted Resolution No. 2018-123, approving the First Amendment to the Agreement extending the term of the Agreement by one year to August 31, 2019; and WHEREAS, on August 20, 2019, the City Council adopted Resolution No. 2019- 116, approving the Second Amendment to the Agreement extending the term of the Agreement by one year to August 31, 2020; and WHEREAS, on May 5, 2020, the City Council adopted. Resolution No. 2020-83, approving the Third Amendment to the Agreement increasing the not -to exceed amount by $50,000 and extending, the term -of the Agreement by six months to February 28, 2021; and WHEREAS, due to the immediate need for continuous services to address the demands of the COVID-19 pandemic the parties desire to increase the not -to -exceed amount of the Agreement by $200,000, expand the scope of work which includes but is not limited to all specialized services offered to all City -owned facilities, and extend the term of the Agreement by one year to February 28, 2022. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The not -to -exceed amount of the Agreement is hereby increased by $200,000, for a total Agreement amount of $420,412 due to the immediate need for continuous services to address the demands of the COVID-19 pandemic. 2. The term of the Agreement is hereby extended to February 28, 2022. 3. Exhibit "A" of Section 3 of the August 15, 2017 Agreement is hereby amended to now include all City -owned facilities and providing expansion of the scope of work to include all specialized services offered. 4. The parties further agree that, other than as previously amended by the City Council, each and every term and provision of the August 15, 2017 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY COUNTYWIDE MECHANICAL SYSTEMS, INC., A CALIFORNIA CORPORATION (Signatures of two corporate officers required) By: V0J() By: Alejandra Sotelo-Solis, Mayor (Signs ure) APPROVED AS TO FORM: By: A , o i'-Jones Cit ' torney By: RANDALL A. SIGNORE (Print Name) VP - SERVICE OPERATIONS (Title) PAUL B. DUKE (Print Name) PRESIDENT (Title) RESOLUTION NO. 2020 - 204 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH COUNTYWIDE MECHANICAL SYSTEMS, INC., INCREASING THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $200,000, FOR A TOTAL AGREEMENT AMOUNT OF $420,412, EXPANDING THE SCOPE OF WORK WHICH INCLUDES, BUT IS NOT LIMITED TO, ALL SPECIALIZED SERVICES OFFERED TO ALL CITY -OWNED FACILITIES, AND EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO FEBRUARY 28, 2022, DUE TO THE IMMEDIATE NEED FOR CONTINUOUS SERVICES TO ADDRESS THE DEMANDS OF THE COVID-19 PANDEMIC WHEREAS, on August 15, 2017, per City Council Resolution No. 2017-163, the City of National City entered into an Agreement with Countywide Mechanical Systems, Inc., to provide heating, ventilation, and air conditioning (HVAC) preventative maintenance services to city -owned facilities; and WHEREAS, the original Agreement is for a not -to -exceed amount of $170,412, and for an initial term of one year, with the option to extend for up to two, one-year extensions; and WHEREAS, on July 17, 2018, per Resolution No. 2018-123, City Council approved the First Amendment to the Agreement extending the term of the Agreement for one (1) year to August 31, 2019. WHEREAS, on August 20, 2019, per Resolution No. 2019-116, City Council approved the Second Amendment to the Agreement extending the term of the Agreement for one (1) year to August 31, 2020. WHEREAS, on May 5, 2020, per Resolution No. 2020-83, City Council approved the Third Amendment to the Agreement increasing the not -to -exceed amount by $50,000 and extending the term of the Agreement IN six months to February 28, 2021; and WHEREAS, due to the immediate need for continuous preventative maintenance and repair services to address demands of the COVID-19 Pandemic, City staff are requesting City Council approval of a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc., increasing the not -to -exceed amount of the Agreement by $200,000, for a total Agreement amount of $420,412, expanding the scope of work to include all specialized services offered to all city -owned facilities, and extending the term of the Agreement by one (1) year to February 28, 2022. Resolution No. 2020 — 204 Page Two NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc., increasing the not -to -exceed amount of the Agreement by $200,000, for a total Agreement amount of $420,412, expanding the scope of work which includes, but is not limited to, all specialized services offered to all city -owned facilities, and extending the term of the Agreement by one year to February 28, 2022, due to the immediate need for continuous services to address the demands of the COVID-19 Pandemic. PASSED and ADOPTED this 17th day of November, 2020. Alejandra SoteTo-'Solis, Mayor ATTEST: Michael R. Dalla, Cit i lerk APPROVED AS TO FORM: City Charles E. Bell Jr., gfney Passed and adopted by the Council of the City of National City, California, on November 17, 2020 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 BY: MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-204 of the City of National City, California, passed and adopted by the Council of said City on November 17, 2020. City Clerk of the City of Na nal City, California By: Deputy CITY OF NA IONAL CITY, CALIFORNIA C7_0 ) 4 - (Q ( COUNCIL AGENDA STATEMENT MFETING DATE: November 17, 2020 AGENDA ITEM NO i fEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc., increasing the not -to -exceed amount of the Agreement by $200,000, for a total Agreement amount of $420,412, expanding the scope of work which includes, but is not limited to, all specialized services offered to all City -owned facilities, and extending the term of the Agreement by one year to February 28, 2022, due to the immediate need for continuous services to address the demands of the COVID-19 Pandemic. PREPARED BY Tirza Gonzales, Management Analyst II PHONE: 619-336-4318 EXPLANATION. See attached. DEPARTMENT: Engin APPROVED BY: blic Works FINANCIAL STATEMENT: APPROVED: �,l�t�,��C `� Finance ACCOUNT NO. APPROVED: Funds are appropriated in various accounts for FY2021; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. ENVIRONMENTAL REVIEW: N/A ORDINANCE INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt Resolution executing a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc. BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: 1. Explanation 2. Fourth Amendment to Agreement 3. Resolution Explanation: On August 15, 2017, per City Council Resolution No. 2017-163, the City of National City entered into an Agreement with Countywide Mechanical Systems, Inc., to provide heating, ventilation, and air conditioning (HVAC) preventative maintenance services to city -owned facilities. The original Agreement is for a not -to -exceed amount of $170,412, and for an initial term of one year, with the option to extend for up to two, one-year extensions. On July 17, 2018, per Resolution No. 2018-123, City Council approved the First Amendment to the Agreement extending the term of the Agreement for one year to August 31, 2019. On August 20, 2019, per Resolution No. 2019-116, City Council approved the Second , Amendment to the Agreement extending the term of the Agreement for one year to August 31, 2020. On May 5, 2020, per Resolution No. 2020-83, City Council approved the Third Amendment to the Agreement increasing the not -to -exceed amount by $50,000 and extending the term of the Agreement by six months to February 28, 2021. Due to the immediate need for continuous preventative maintenance and repair services to address demands of the COVID-19 Pandemic, staff is requesting City Council approval of a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc., increasing the not -to -exceed amount of the Agreement by $200,000, for a total Agreement amount of $420,412, expanding the scope of work to include all specialized services offered to all City -owned facilities, and extending the term of the Agreement by one year to February 28, 2022. Funds are appropriated in various accounts for FY 2021; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. FOURTH AMENDMENT TO THE AGREEMENT BAY AND BETWEEN THE CITY OF NATIONAL CITY AND COUNTYWID MECHANICAL SYSTEMS, INC. THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 17th day of November, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and COUNTYWIDE MECHANICAL SYSTEMS, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on August 15, 2017, ("the Agreement"), per City Council Resolution No. 2017-163, to provide heating, ventilation, and air conditioning (HVAC) preventative maintenance services to CITY facilities for a not -to -exceed amount of $170,412, for an initial term of one year, with the option to extend for up to two (2), one-year extensions; and WHEREAS, on July 17, 2018, the City Council adopted Resolution No. 2018-123, approving the First Amendment to the Agreement extending the term of the Agreement by one year to August 31, 2019; and WHEREAS, on August 20, 2019, the City Council adopted Resolution No. 2019- 116, approving the Second Amendment to the Agreement extending the term of the Agreement by one year to August 31, 2020; and WHEREAS, on May 5, 2020, the City Council adopted Resolution No. 2020-83, approving the Third Amendment to the Agreement increasing the not -to exceed amount by $50,000 and extending the term of the Agreement by six months to February 28, 2021; and WHEREAS, due to the immediate need for continuous services to address the demands of the COVID-19 pande is the parties desire to increase the not -to -exceed amount of the Agreement by $200J000, expand the scope of work which includes but is not limited to all specialized services offered to all City -owned facilities, and extend the term of the Agreement by one year to February 28, 2022. NOW, THEREFORE, the pa AGREEMENT rties hereto agree that: 1 The not -to -exceed amount of the Agreement is hereby increased by $200,000, for a total Agreement amount of $420,412 due to the immediate need for continuous services to address the demands of the COVID-19 pandemic. -2- 2. The term of the Agreement is hereby extended to February 28, 2022. 3. Exhibit "A" of Section 3 of the August 15, 2017 Agreement is hereby amended to now include all City -owned facilities and providing expansion of the scope of work to include all specialized services offered. 4. The parties further agree that, other than as previously amended by the City Council, each and every term and provision of the August 15, 2017 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney COUNTYWIDE MECHANICAL SYSTEMS, INC., A CALIFORNIA CORPORATION (Signatures of two corporate officers required) i By: � (Signa ure) By: (Signature) RANDALL A. SIGNORE (Print Name) VP - SERVICE OPERATIONS (Title) PAUL B. DUKE (Print Name) PRESIDENT (Title) -3- RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH COUNTYWIDE MECHANICAL SYSTEMS, INC., INCREASING THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $200,000, FOR A TOTAL AGREEMENT AMOUNT OF $420,412, EXPANDING THE SCOPE OF WORK WHICH INCLUDES, BUT IS NOT LIMITED TO, ALL SPECIALIZED SERVICES OFFERED TO ALL CITY -OWNED FACILITIES, AND EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO FEBRUARY 28, 2022, DUE TO THE IMMEDIATE NEED FOR CONTINUOUS SERVICES TO ADDRESS THE DEMANDS OF THE COVID-19 PANDEMIC WHEREAS, on August 15, 2017, per City Council Resolution No. 2017-163, the City of National City entered into an Agreement with Countywide Mechanical Systems, Inc., to provide heating, ventilation, and air conditioning (HVAC) preventative maintenance services to city -owned facilities; and WHEREAS, the original Agreement is for a not -to -exceed amount of $170,412, and for an initial term of one year, with the option to extend for up to two, one-year extensions; and WHEREAS, on July 17, 2018, per Resolution No. 2018-123, City Council approved the First Amendment to the Agreement extending the term of the Agreement for one (1) year to August 31, 2019. WHEREAS, on August 20, 2019, per Resolution No. 2019-116, City Council approved the Second Amendment to the Agreement extending the term of the Agreement for one (1) year to August 31, 2020. WHEREAS, on May 5, 2020, per Resolution No. 2020-83, City Council approved the Third Amendment to the Agreement increasing the not -to -exceed amount by $50,000 and extending the term of the Agreement by six months to February 28, 2021; and WHEREAS, due to the immediate need for continuous preventative maintenance and repair services to address demands of the COVID-19 Pandemic, City staff are requesting City Council approval of a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc., increasing the not -to -exceed amount of the Agreement by $200,000, for a total Agreement amount of $420,412, expanding the scope of work to include all specialized services offered to all city -owned facilities, and extending the term of the Agreement by one (1) year to February 28, 2022. Resolution No. 2020 — Page Two NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute•a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc., increasing the not -to -exceed amount of the Agreement by $200,000, for a total Agreement amount of $420,412, expanding the scope of work which includes, but is not limited to, all specialized services offered to all city -owned facilities, and extending the term of the Agreement by one year to February 28, 2022, due to the immediate need for continuous services to address the demands of the COVID-19 Pandemic. PASSED and ADOPTED this 17th day of November, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney