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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 2 to the Agreement with Z & K Consultants, Inc. for Nicholson Park Construction
Management and Construction Inspection Services for
$167,156.21 for a total amount not to exceed $844,794
(Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 2 to the Professional Services Agreement with Z & K Consultants, Inc. in the amount of $167,156.21 for the Construction Management and Construction Inspection Services for Nicholson Park Improvements, increasing the not to exceed amount to $844,794 (Project); and
2. Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and
3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Executive Summary
Approval of this Amendment will enable Z & K Consultants to complete the revised project scope and extend their term through March 31, 2026. The Amendment is funded by the previously approved Measure S contingency budget. Additional services were required to address items identified during inspection of the electrical facilities. Additionally, the City intends to utilize the construction management and inspection services through the landscape maintenance period, and to provide support for information that is required for grant reporting. 2 6
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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 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 construction contingencies and construction management costs in the amount of $1,290,000 from the previously approved ARPA allocation.
On February 21, 2024, the Mayor and City Council awarded a Professional Services Agreement to Z & K Consultants, Inc. in the amount of $471,876.00 and approved additional funds for construction management and inspection services contingency costs in the amount of $47,187.00.
On September 4, 2024, the Mayor and City Council authorized allocating an additional $745,128 from Measure S funds to increase the construction contingency and construction management budget for this project.
On June 4, 2025, the Mayor and City Council approved Amendment No. 1 to the Professional Services Agreement with Z&K in the amount of $144,158.90 and authorized additional project contingencies in the total amount of $14,415.89. This amendment was funded by the previously approved Measure S contingency budget, and extended the existing construction management and construction inspection services term through July 31, 2026.
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Discussion
Additional services are needed due to revisions that were identified by Southern California Edison during their inspection of the electrical service equipment. These revisions required the relocation and addition of items to receive power at the site.
These revisions caused a shift in the construction schedule, which has resulted in a need to extend the services provided by Z&K Consultants. Additionally, the City has requested Z&K Consultants provide services through the landscaping establishment and maintenance period on an as needed basis. They will also provide services to support project closeout tasks related to grant funding requirements.
Amendment No. 2 for Z&K Consultants includes an additional amount of $167,156.21 for the services. This amendment will extend their term from July 31, 2025, to March 2026. This extends the service period beyond construction through to project closeout to help meet grant requirements. The new construction management and inspection services bring the Project total to $844,794.
Construction Management & Inspection Services Cost
Original Agreement – ARPA $471,876.00
Initial Contingency – ARPA $47,187.00
Amendment No. 1 – Measure S $144,158.90
Additional Contingency – Measure S $14,415.89
Amendment No. 2 – Measure S $167,156.21
Total $844,794.00
The starting Measure S balance was $744,847.21. The remaining Measure S balance after accounting for previously approved expenditures and Amendment No. 2 is $419,116.21, which is still available for future project needs or expenditures.
Measure S Budget
Measure S $744,847.21
Amendment No. 1 ($144,158.90)
Additional Contingency ($14,415.89)
Amendment No. 2 ($167,156.21)
Remaining in Measure S $419,116.21
2021-2025 Strategic Targets and Goals
Approving Amendment No. 2 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
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The fiscal impact associated with this item is $167,156.21 which will be funded from the Measure S Fund. There is sufficient budget available in the FY25/26 Capital Improvement Program (CIP) budget under the Nicholson CIP project to fully cover the cost of this second amendment. The budget expected to carryover from FY24/25 into FY25/26 is $744,847.21.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the Professional Services Agreement with Z & K Consultants, Inc. in the amount of $167,156.21 for the Construction Management and Construction Inspection Services for Nicholson Park Improvements, increasing the not to exceed amount to $844,794 (Project); and
2. Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and
3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Attachments
Attachment 1 Amendment No. 2
Attachment 2 Proposal from Z & K Consultants, Inc.
Attachment 3 Original Professional Services Agreement
Attachment 4 Location Map
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
December 6, 2023 Award of Agreement with Urban Habitat for Construction of Nicholson Neighborhood Park Improvements (Ward 6)
February 21, 2024 Approval of Agreement for Construction Management and Inspection Services for the Nicholson Park Improvements (Ward 6)
September 4, 2024 Recommendation to Increase the Construction Contingency and Construction Management Budget for Nicholson Park
Improvement Project (Ward 6)
June 5, 2025 Amendment No. 1 to the Professional Services Agreement with Z&K in the amount of $144,158.90 and
authorization of additional project contingencies in the total amount of $14,415.89.
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CC: Eric Levitt, City Manager