HomeMy WebLinkAboutItem No. 04 - Approving the First Amendment to CSA
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 1, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Adopt a Resolution Approving the First Amendment to CSA
with Paragon Partners, Ltd.
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-54 authorizing the City Manager to execute the
First Amendment to the Consultant Services Agreement with Paragon Partners , Ltd.,
extending their contract term to December 30, 2021.
Background
On September 5, 2018, the Mayor and City Council adopted Resolution No. 2018 -248
approving an agreement with Paragon Pa rtners, Ltd. in the amount of $123,100 to
perform all right-of-way tasks that are necessary to obtain the required right -of-way for
the project. Paragon Partners has completed a number of the right -of-way acquisitions
and is currently in the process of completing additional acquisitions for the project. An
extension of the contract term is required to complete the right-of-way tasks for the
project.
Discussion
The services provided by Paragon Partners support the 40th Street Widening Project
between Johnson Street and Electric Avenue, to provide two through lanes in each
direction, and a two-way left-turn lane. The project requires right-of-way acquisition to
accommodate under-grounding overhead utility lines, area to support pavement
widening, construction of curb & gutter, and installation of sidewalk, and street lights.
ADA accessible ramps, drainage improvements, signing and striping, and modification
of the traffic signal modifications will also be addressed.
Staff recently became aware that the Consultant Services Agreement with Paragon
Partners expired on December 31, 2019. Due to the size of the project, and the
number of properties requiring negotiation, the right-of-way acquisition process is taking
longer than originally estimated. Staff is requesting that the agreement be amended to
extend the term of the agreement with Paragon Partners, Ltd., through December 30,
2021.
2020-2025 Strategic Key Targets and Goals
This project is consistent with Key Target No 1e: Create an asset management plan by
allowing the City to move forward with the 40th Street widening, which will improve a
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City-owned roadway asset.
Fiscal Impact
There is no General Fund Impact.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-54 authorizing the City Manager to execute the
First Amendment to the Consultant Services Agreement with Paragon Partners , Ltd.,
extending their contract term to December 30, 2021.
Attachments
Attachment 1 Resolution 2020-54; Exhibit “A” - Amendment
Attachment 2 Location Map
Attachment 3 Original Consultant Agreement
Ward: 4
Synopsis of Previous Council Actions:
September 5, 2018 Mayor and City Council adopted Resolution No. 2018-248
approving a Consulting Services Agreement with Paragon Partners,
Ltd., for right-of-way acquisition services
Resolution No. 2020-XX
RESOLUTION NO. 2020-XX
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FIRST AMENDMENT TO THE CONSULTANT
SERVICES AGREEMENT WITH PARAGON PARTNERS,
LTD. EXTENDING THE CONTRACT TERM TO
DECEMBER 30, 2021
WHEREAS, on June 20, 2018, the Mayor and City and Council adopted Resolution No.
2018-189 approving the Operating Budget and Capital Improvement Program (CIP) for FY
2018/19; and
WHEREAS, funding for 40th Street Widening Between Johnson Street and Electric
Avenue has been approved as part of the City’s CIP; and
WHEREAS, plan, specifications and environmental have been completed for 40th Street
Widening Between Johnson Street and Electric Avenue; and
WHEREAS, on September 05, 2018, the Mayor and City Council adopted Resolution
No. 2018-248 approving an Agreement with Paragon Partners, Ltd. in the amount of $123,100
to perform all Right-of-Way (R/W) functions that are necessary to obtain required R/W for the
40th Street Widening Between Johnson Street and Electric Avenue (SS04-014 (“Project”); and
WHEREAS, the City now wishes to extend the term of the Agreement through
December 31, 2021 enter into a First Amendment to Consultant Services Agreement with
Paragon Partners, to memorialize the extended the term.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or her designee is hereby authorized and directed to
approve First Amendment to Consultant Services Agreement with Paragon Partners, Ltd. to
extend the contract to December 30, 2021, a copy of which is attached as Exhibit “A” and
incorporated herein.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
Resolution No. 2020-XX
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
Resolution No. 2020-XX
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
EXHIBIT A
FIRST AMENDMENT
TO THE
CONTRACTOR SERVICES AGREEMENT
City of San Bernardino
and
Paragon Partners, Ltd.
CITY: CITY OF SAN BERNARDINO
290 North “D” Street, 3rd Floor
San Bernardino, California 92401
CONSULTANT: Paragon Partners, Ltd.
5660 Katella Avenue, Suite 100,
Cypress, CA 90630
SERVICES: Right Of Way Acquisition Services for the widening of Fortieth Street
between Johnson street and Electric Avenue (SS04-014)
AMOUNT: $123,100.00
EXPIRATION DATE: Until completion of the Scope of Services or December 30, 2021,
whichever is the earliest (as amended)
MANAGING DEPARTMENT: Public Works
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND PARAGON PARTNERS,LTD.
First Amendment to the Consultant Services, dated as of April 01, 2020 (the
“Amendment”), between the City of San Bernardino, a charter city and municipal
corporation organized under the Constitution of the State of California (“City”), and
Paragon Partners, Ltd.. (“Contractor,” and together with City, the “Parties,” and each, a
“Party”).
WHEREAS, the Parties have entered into an Agreement, dated as of September 05,
2018, to perform all right-of-way tasks that are necessary to obtain requested right-of-way
for the 40th Street Widening Project from Johnson Street and Electric Avenue (SS04-014)
(the “Existing Agreement”); and
WHEREAS, the Parties hereto desire to amend the Existing Agreement to extend
the expiration date on the terms and subject to the conditions set forth herein; and
WHEREAS, pursuant to Section 12.12 of the Existing Agreement, the amendment
contemplated by the Parties must be contained in a written agreement.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
1. Definitions. Capitalized terms used and not defined in this Amendment have the
respective meanings assigned to them in the Existing Agreement.
2. Amendment to the Existing Agreement. The Existing Agreement is hereby amended as
follows:
ARTICLE IV PERFORMANCE PERIOD (Verbatim) “A”
is amended to replace the term
This contract shall go into effect on the date approved by the Mayor and City
Council, contingent upon approval by LOCAL AGENCY, and CONSULTANT
shall commence work after notification to proceed by LOCAL AGENCY’S
Contract Administrator. The contract shall end on June 30, 2020, unless
extended by contract amendment.
with the term
This contract shall go into effect on the date approved by the Mayor and City
Council, contingent upon approval by LOCAL AGENCY, and CONSULTANT
shall commence work after notification to proceed by LOCAL AGENCY’S
Contract Administrator. The contract shall end on December 30, 2021, unless
extended by contract amendment.
3. Date of Effectiveness; Limited Effect. This Amendment will become effective as of the
date fully executed by the Parties (the “Effective Date”). Except as expressly provided in
this Amendment, all of the terms and provisions of the Existing Agreement are and will
remain in full force and effect and are hereby ratified and confirmed by the Parties.
Without limiting the generality of the foregoing, the amendments contained herein will not
be construed as an amendment to or waiver of any other provision of the Existing
Agreement or as a waiver of or consent to any further or future action on the part of either
Party that would require the waiver or consent of the other Party. On and after the
Effective Date, each reference in the Existing Agreement to “this Agreement,” “the
Agreement,” “hereunder,” “hereof,” “herein,” or words of like import will mean and be a
reference to the Existing Agreement as amended by this Amendment.
IN WITNESS WHEREOF, this Agreement is executed by City and Contractor
acting by and through their authorized officers.
CITY OF SAN BERNARDINO: Paragon Partners, Ltd.
Date: _____ / _____ / 2020 Date: _____ / _____ / 2020
_________________________________ By: ________________________________
Teri Ledoux, City Manager
Its: ________________________________
APPROVED AS TO FORM:
Sonia Carvalho , City Attorney
By: ______________________________
CITY:
CONSULTANT:
SERVICES:
AMOUNT:
CONSULTANT SERVICES AGREEMENT
City of San Bernardino
and
Paragon Partners, LTD
CITY OF SAN BERNARDINO
290 North "D" Street
San Bernardino, California 92401
Paragon Partners
5660 Katella Avenue, Suite 100
Cypress, CA 90630
Phone No. 714-379-3376
Right-of-Way Acquisition Services for the Widening of Fortieth Street
between Johnson Street and Electric Avenue (8804-014)
$123.100.00
EXPIRATION DATE: Until completion of the Scope of Services or December 31, 2019,
whichever is earliest.
MANAGING DEPARTMENT: Public Works
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