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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 6, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 5 to Agreement with
Engineering Resources of Southern California Inc. for
University Parkway Median for Design Services in the
amount of $34,982.00 (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 5 to the Professional Services Agreement with Engineering Resources of Southern California (ERSC), for additional design services and construction support services, including surveying in the amount of $29,982.00 for University Parkway Median Improvements, increasing the not to exceed amount of $384,977.00 (Project); and
2. Authorizing additional construction contingencies in the total amount of $5,000, for construction support services of the Project; and
3. Authorize the City Manager or designee to execute all documents with Engineering Resources of Southern California (ERSC); and
4. Authorize the City Manager or designee to expand the contingency fund, if necessary, to complete the Project.
Executive Summary:
The University Parkway Median Improvement Project requires design and construction support services due to unforeseen complexities involving a Department of Water Resources (DWR) easement and a 108-inch water line beneath the roadway. 1 3
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Extensive review comments from DWR over multiple submittals have necessitated revisions to the landscaping design. To address these requirements and complete the second phase of the project, Engineering Resources of Southern California (ERSC) has requested additional compensation for work beyond the original scope.
Amendment No. 5 provides the necessary funding to incorporate these changes and ensure compliance with DWR standards. The cost of this amendment, in the amount of $34,982.00, will be funded through the Regional Circulation Fund.
Background
University Parkway is identified as a major arterial roadway in the City’s General Plan Circulation Element. Previously terminating at 16th Street, it has recently been extended south to Baseline Street as part of the first phase of a larger, four-phase project. The goal is to extend University Parkway further south to connect with Foothill Boulevard. However, the total cost of completing all phases exceeds the City’s available resources, and future grant funding will be essential to fully implement the project.
On December 5, 2018, the Mayor and City Council adopted Resolution No. 2018- 310 approving an agreement with ERSC to provide Environmental Clearance under the California Environmental Quality Act (CEQA) and preparation of Plans, Specifications, and Estimates (PS&E) for University Parkway extension between Baseline Street and 16th Street in the amount of $204,533.
On December 4, 2019, the Mayor and City Council adopted Resolution 2019-347 approving the First Amendment to the Professional Services Agreement with ERSC to increase compensation by $24,681 for University Parkway extension. This first amendment provided $24,681 in additional compensation for out-of-scope work related to the modification of the traffic signal at Baseline Street and State Street, which required alterations to the Lytle Creek Levee. The amendment covered ERSC’s efforts to coordinate with the Army Corps of Engineers (ACOE) for a Section 408 permit, including preparation of NEPA documentation, structural and geotechnical reports, and related submittals.
On September 2, 2020, the Mayor and City Council adopted Resolution 2020-214 approving the Second Amendment to the Professional Services Agreement with ERSC to increase compensation by $6,048 for University Parkway extension.
Amendment No. 2 added $6,048 to the agreement to conduct a presence-absence survey for the San Bernardino Kangaroo Rat (SBKR), as required by the California Department of Fish and Wildlife despite prior surveys showing no presence. The amendment allowed ERSC to retain a qualified biologist to perform a five-night trapping survey in compliance with U.S. Fish and Wildlife Service protocol.
On June 1, 2022, the Mayor and City Council Approved Resolution 2020-214 approved the Third Amendment to the Professional Services Agreement with ERSC to increase compensation by $31,248 for University Parkway extension.
Amendment No. 3 increased the contract amount by $31,248 and extended the 1 3
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agreement to December 31, 2024, to address additional design services required by the Department of Water Resources (DWR) as part of their encroachment permit process. The added scope included potholing, surveying, hydrology analysis, and design modifications to meet DWR’s clearance and infrastructure requirements.
On August 16, 2023 the Mayor and City Council authorized the City Manager to execute Amendment No. 4 to the Professional Services Agreement with ERSC, adding engineering and construction support services in the amount of $83,485 to the agreement to cover additional design and construction support services requested by the City to prevent project delays and incorporate new project features.
The scope included further DWR permit-related design modifications, SCE pole shoring designs, construction support, intersection improvements at State Street and Hanford Street, and expanded landscape and irrigation design.
Discussion
Due to an existing easement for a 108-inch Department of Water Resources (DWR) waterline along State Street, an encroachment permit is required prior to any street construction. During the permitting process, DWR imposed several conditions, including additional potholing, surveying, hydrology analysis, storm drain lateral coordination, cover requirements, and clearance from an existing retaining wall.
These requirements necessitated further studies and design modifications.
Additionally, DWR issued extensive comments on the landscaping design during three consecutive reviews, requiring plan revisions to address their concerns. ERSC has incorporated these changes and will also provide construction support services throughout the project to respond to construction-related inquiries.
As a result, ERSC is requesting additional compensation of $29,982 for the added design, construction support, and surveying services with an additional $5,000 for contingency. This brings the total not-to-exceed amount to $384,977.
Proposed AmendmentItemAmountAmendment No. 5$29,982.00Contingency $5,000.00Total$34,982.00 1 3
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As a result of the new Amendment No. 5 for additional design services and construction support total reflecting the original agreement, Amendment No. 5 and contingencies is $384,977.00.
The available Regional Circulation project budget after Amendments No. 1 – 4 is $1,182,039.92. The remaining project budget after the new Amendment No. 5 is $1,147,057.92, which will be available for construction.
BudgetRegional Circulation Fund$1,532,034.92Amendments No. 1 - 4$349,995.00Regional Circulation Fund After Amendments No. 1-4$1,182,039.92Amendment No. 5$34,982.00Remianing Regional Circulation After Amendment No. 5$1,147,057.92 Design Services CostDescriptionAmountPurpose/Category Orginal Agreement $204,533.00CEQA clearance and PS&E preparation for segment from Baseline St to 16th StAmendment No. 1$24,681.00Traffic signal modification & coordination with ACOE for levee (Section 408 permit)Amendment No. 2$6,048.00Biological survey for San Bernardino Kangaroo Rat (SBKR) per CDFW/USFWS requirementsAmendment No. 3$31,248.00Additional design services for DWR permit (surveying, hydrology, and design adjustments)Amendment No. 4$83,485.00Construction support, intersection improvements, utility coordination, and landscape designAmendment No. 5$34,982.00Median design refinements and final engineering support servicesTotal Contract Amount$384,977.00 1 3
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2021-2025 Strategic Targets and Goals
Authorization of this Amendment aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize risk and litigation exposure. This Project will construct public infrastructure in the City that will minimize the risk and ligation exposure upon completion of the street improvements.
Fiscal Impact
There is no General Fund Impact associated with this action. Funding for additional design services will be provided through previously allocated funds for the project in the Regional Circulation DIF Fund which has approximately $1,182,039.92 available funds remaining.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 5 to the Professional Services Agreement with Engineering Resources of Southern California (ERSC), for additional design services and construction support services, including surveying in the amount of $29,982 for University Parkway Median Improvements, increasing the not to exceed amount of $384,977.00 (Project); and
2. Authorizing additional construction contingencies in the total amount of $5,000, for construction support services of the Project; and
3. Authorize the City Manager or designee to execute all documents with Engineering Resources of Southern California (ERSC); and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project.
Attachments
Attachment 1 Amendment No. 5 with Engineering Resources of Southern California (ERSC)
Attachment 2 Amendment No. 4 with ERSC
Attachment 3 Amendment No. 3 with ERSC
Attachment 4 Amendment No. 2 with ERSC
Attachment 5 Amendment No. 1 with ERSC
Attachment 6 Professional Services Agreement with ERSC
Attachment 7 Location Map
Ward:
Sixth Ward
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Synopsis of Previous Council Actions:
June 20, 2018 Resolution No. 2018-189 adopted the City’s final budget document for Fiscal Year 2018/2019.
December 5, 2018 Resolution 2018-310 adopted agreement with ERSC to provide Environmental Clearance under the California
Environmental Quality Act (CEQA) and preparation of
Plans, Specifications, and Estimate (PS&E) for State Street Extension between Baseline Street and 16th Street.
December 4, 2019 Resolution 2019-347 adopted First Amendment to the Professional Services Agreement with ERSC.
September 2, 2020 Resolution 2020-214 adopted Second Amendment to the Professional Services Agreement with ERSC.
June 1, 2022 Approved Amendment No. 3 to the Professional Engineering Services Agreement with ERSC
August 16, 2023 Approved Amendment No. 4 to the Professional Engineering Services Agreement with ERSC