1 8
4 2
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Approval of Agreement for Construction Management and Inspection Services for the Nicholson Park
Improvements (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of an Agreement with Z&K Consultants in the amount of $471,876 for Nicholson Neighborhood Park Improvements (Project); and
2. Authorize the project contingencies in the total amount of $47,187 for construction of the Project; and
3. Authorize the City Manager or designee to execute all documents with Z&K Consultants; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Executive Summary:
Awarding the Agreement for construction management and construction inspection services (CMCI), for the Nicholson Park Improvements Project would allow the construction of park amenities, returning the park to a safe and attractive condition.
The Agreement would allow the City to issue Z&K Consultants a Notice to Proceed.
The agreement will include Z&K Consultant’s management and inspection services fee of $471,876. Additional funds are recommended for contingencies in the amount of $47,187. The total cost for the CMCI, including contingencies is $519,063. 1 8
4 2
Background
Nicholson Neighborhood Park, located at 2737 West 2nd Street, is a City-owned 9.52- acre park facility that includes recreational amenities and a community center building.
The recreational area of the park currently consists of two baseball diamonds with a concession/score keeper area (restroom included), a community garden, outdoor basketball court, picnic shelter, 10 picnic tables, two barbeque grills, a playground area, restrooms, and parking lot. While the park area continues to see some general community use, the community center building has been closed for programming for several years due to financial challenges.
Over the past several years, Nicholson Neighborhood Park has become a target for vandalism due to the lack of programmed activities at the site. Many of the supporting outbuildings, irrigation, and lighting systems have been damaged beyond repair.
During preparation of the FY 2020/21 Capital Improvement Program (CIP), staff recommended rehabilitation of the park to return the property to a safe and attractive condition. Restoration of the park and its amenities will assist in drawing positive activities back to the area and restore recreational opportunities for the surrounding neighborhood.
On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128 adopting the City’s Annual Operating Budget for Fiscal Year 2020/21. The budget included CIP Project PR21-006 for Nicholson Neighborhood Park Improvements (“Project”). Funding to support the Project has been established in the amount of $1,000,000 in Community Development Block Grant (CDBG) funding and $150,000 in Meadowbrook Insurance Claim funds, for a total Project budget of $1,150,000.
On March 3, 2021, the Mayor and City Council adopted Resolution No. 2021-37 approving award of a Design Services Agreement with RHA Landscape Architects - Planners, Inc. for the Nicholson Park Improvements in the amount of $215,295.
On February 2, 2022, the Mayor and City Council adopted Resolution No. 2022-26 allocating $8,850,000 in American Rescue Plan Act (ARPA) funds to complete the project.
On August 3, 2022, the Mayor and City Council approved Amendment No. 1 to the Professional Design Services Agreement with RHA Landscape Architects - Planners, Inc. adding extra design services in the amount of $197,250 and increasing the purchase order to a total amount not-to-exceed $412,545 for the preliminary design of Nicholson Park.
On August 2, 2023, the Mayor and City Council approved Amendment No. 2 to the Professional Design Services Agreement with RHA Landscape Architects – Planners, Inc. adding extra design services in the amount of $47,300 and increasing the purchase order to a total amount not-to-exceed $459,845 for the preliminary design of Nicholson Park.
On December 6, 2023, the Mayor and City Council awarded a construction agreement to Urban Habitat in the amount of $8,147,197.56 and approved additional funds for 1 8
4 2
construction contingencies and construction management costs in the amount of $1,290,000.
Discussion
This project includes the construction of various park improvements including, but not limited to, baseball fields, playground equipment, exercise equipment, lighting, parking lot, fencing, picnic tables, drinking water fountains, and restrooms. Project design was completed, and was awarded for construction in December of 2023. Construction management and inspection services are now needed to help meet project budget, schedule, and labor compliance requirements.
On December 21, 2023, the City staff requested proposals for construction management and inspection services (CMCI), for the Nicholson Park Improvements Project. Staff requested three proposals from the On-Call Consultant List and received two proposals from the following firms:
•Z&K Consultants, Inc.
•Infrastructure Engineers
During the review of the technical proposals, staff evaluated the proposals using the following criteria:
•Expertise and experience, including the firm's work on comparable engagements, quality of the firm's personnel assigned to the project, and the quality of the firm's management support personnel.
•Appropriateness of services outlined in the proposal to meet the City's need. •Distinguishing features, skills, and/or services.
•Cost reasonableness.
•Additional services beyond the scope of work, at no additional cost to the City.
Z&K was considered the most qualified based on their well-prepared proposal, excellent examples of similar engagements, constructability review of the project, comprehensive scheduling of the project, their detailed approach to the project, and their proposed staff experience of similar engagements. Compensation for CMCI contracts is based on a time and materials basis with hourly rates secured for a construction manager, senior construction inspector, and clerical support. The cost proposals submitted by all the firms consisted of estimated hours for each project and hourly rates for the positions noted below. The following table contains the estimated cost for CMCI services for the project based on hours and rates received from each proposing firm for the specific personnel assigned to manage the City’s construction projects. The hourly rates are reasonable and are comparable to the hourly rates the City is currently paying for similar services. Table 1 below summarizes the cost comparison of proposals.
Table 1 – Cost Proposal Comparison
1 8
4 2
Z&K Consultants, Inc $471,876.00
Infrastructure Engineers $390,000.00
Hernandez, Kroone & Associates Did Not Submit
A reasonable cost for CMCI services is typically 10-15% of the construction cost. With smaller, less expensive projects, this percentage is typically on the higher side. Z&K’s cost is at 5.7% of the construction cost and includes the following additional services that the other consultant’s proposal did not include:
•Labor compliance services during construction. The labor compliance services for this project were estimated to be approximately $50,000 to satisfy grant funding requirements. Z&K is providing this service for $14,430.00 allowing the City to save approximately $35,570 on these services by including them under Z&K’s contract rather than another consultant.
•Surveying quality assurance during construction.
•Pre-construction services.
•Preparing the Weekly Statement of Working Days.
•Providing a Certified Playground Equipment Inspector.
•Weekly Drones for the project.
•Weekly Newsletters summarizing project progress and updates to be distributed to City Management.
•Scheduling during construction.
Z&K’s costs for the services are well under the industry standard for similar projects and services. The cost of the other consultant was lower; however, it did not provide the above services that Z&K will be providing under this Agreement. These additional services are necessary for the project.
After the evaluation of proposals and cost, Z&K was ranked as the most qualified firm.
The panel was most impressed by the following:
•Z&K’s prior experience with the project funding (ARPA Funding and CDBG Funding)
•Z&K has delivered over 33 park projects and are currently delivering park projects for the City of Newport Beach, the City of La Habra, the City of South Gate, and the City of Lake Forest.
•The Z&K staff proposed on the project are local to the City of San Bernardino. This allows for prompt response time to project issues over the weekend or after working hours.
•Z&K’s senior construction manager and senior construction inspector both have extensive experience with park improvement projects.
•Z&K also presented a unique approach to managing the construction of the park projects by using a “risk management log.” The log is used to identify areas of risk based on lessons learned from previous projects, along with proposed solutions.
The log includes items such as utility/agency coordination, change order controls, and community outreach.
1 8
4 2
•Z&K stressed the importance of keeping the nearby residents and businesses informed of the project status and any impact on their neighborhood.
The total fee for Z&K Consultant’s construction management and inspection services is $471,876. In addition to these services, staff recommend approval of a contingency in the amount of $47,187 to provide for any unforeseen work. The total cost of the proposed services and contingency is $519,063.
Funding for the Project was previously established in FY 2020/21 CIP budget in the CDBG and Liability Insurance funds, in addition to the allocation of ARPA funds in FY 2021/22.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with Key Target No. 4: Economic Growth & Development. The additional amenities to Nicholson Neighborhood Park will improve community participation for new recreational activities and provide a safe and well-maintained community park.
Fiscal Impact
There is no General Fund impact with this item. To date, there is a budget balance of $9.6 million for this project coming from ARPA, CDBG and Meadowbrook Insurance Claim funds.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of an Agreement with Z&K Consultants in the amount of $471,876 for Nicholson Neighborhood Park Improvements (Project); and
2. Authorize the project contingencies in the total amount of $47,187 for construction of the Project; and
3. Authorize the City Manager or designee to execute all documents with Z&K Consultants; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Attachments
Attachment 1 Agreement with Z&K Consultants
Attachment 2 Z&K Proposal
Attachment 3 Location Map
Ward:
Ward 6
1 8
4 2
Synopsis of Previous Council Actions:
April 15, 2020 Mayor and City Council approved the City's FY 2020/21 CDBG Action Plan.
June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21.
March 3, 2021 Resolution No. 2021-37 adopted agreement with RHA Landscape Architects - Planners, Inc. to provide the design services for the Nicholson Neighborhood Park.
February 2, 2022 Mayor and City Council adopted Resolution No. 2022-26 assigning American Rescue Plan (ARP) funds in the
amount of $8,850,000 to the Nicholson Park Project in lieu of future grant funding.
August 3, 2022 Amendment No. 1 to agreement with RHA Landscape Architects - Planners, Inc. to provide additional design services for the Nicholson Neighborhood Park.
August 2, 2023 Amendment No. 2 Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design
December 6, 2023 Award of Agreement with Urban Habitat for Construction of Nicholson Neighborhood Park Improvements