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HomeMy WebLinkAboutItem No. 04 - Approving the First Amendment to CSA Page 1 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 6645 Page 2 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 ft;wRN ---