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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 1, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 4 to the Agreement with RHA Landscape Architects – Planners Inc. for Nicholson
Park Design Services in the amount of $100,000 for a
total amount not to exceed $584,845 (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 4 to the Professional Design Services Agreement with RHA Landscape Architects – Planners Inc. in the amount of $100,000 for Nicholson Park, and extending the term of the agreement to June 30, 2027; and
2. Authorize the City Manager or designee to execute all documents with RHA Landscape Architects – Planners Inc.
Executive Summary:
Amending the Agreement for Design Services for the Nicholson Park Project would provide additional funding and extend the timeframe for services required to complete the ongoing and upcoming construction of the Nicholson Park and Community Center Improvement Projects.
The additional funding would allow RHA Landscape Architects – Planners Inc. (RHA) to provide additional design and construction support services that are needed during the final stages of the construction of the Nicholson Park Improvement project. The same services will also be provided for the construction phase of the community center. The use of the funding will be authorized on an as- needed basis throughout the duration of each project. Approximately $25,000 is expected to be utilized for the Nicholson Park Improvements Projects, leaving approximately $75,000 for use during the Community Center construction. 2 9
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Background
Nicholson Neighborhood Park, located at 2737 West 2 nd Street, is a City-owned
9.52 acre park facility that includes recreational amenities and a community center.
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, picnic tables, barbeque grills, a playground area, restrooms, and parking lot. While the park area continued to see some general community use, the community center building was closed for several years to financial challenges.
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. 2021-037 approving award of a Design Services Agreement with RHA Landscape Architects – Planners, Inc. for the Nicholson Park Improvements in the amount of $215,295.
Funding was provided by previously allocated CDBG and Insurance Claim funds.
On February 2, 2022, the Mayor and City Council adopted Resolution No. 2022-026 allocating $8,850,000 in ARPA (American Rescue Plan Act) 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. Funding was provided by previously allocated CDBG and Insurance Claim funds.
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. Funding was provided by previously allocated CDBG and Insurance Claim funds.
On December 6, 2023, the Mayor and City Council approved the construction award to Urban Habitat in total amount of $9,437,197.56 for project construction, construction contingencies, and construction management costs. This award was funded by a combination of previously allocated ARPA, CDBG, and Insurance Claim funding.
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On February 21, 2024, the Mayjor and City Council approved an award for Construction Management and Construction Inspection Services to Z&K Consultants Inc. in the amount of $471,876.00, which was paid for by previously approved ARPA funding.
On April 17, 2024, the Mayor and City Council approved the proposed substantial amendment to fiscal years 2023-2024 and 2020-2021 annual action plan associated with CDBG funds.
On September 4, 2024, the Mayor and City Council approved to increase the construction contingency and construction management budget for this project from $1,290,000 to the total amount of $2,139,564.87. To provide sufficient budget for the increase, additional funds were allocated in the amount of $745,128 from the Measure S fund balance.
On November 20, 2024, May and City Council approved Amendment No. 3 to the Professional Design Services Agreement with RHA Landscape Architects – Planners Inc. in the amount of $20,000 and extended the term to December 30, 2025. An additional $5,000 was authorized for contingencies. Funding was provided by the previously allocated Measure S funds.
Discussion
Funding is needed for additional design and construction support services provided by RHA. The additional services will be authorized on an as needed basis and will be used for both the ongoing construction of the Nicholson Park Improvements, and future construction of the Nicholson Park Community Center.
The additional services may include, but are not limited to:
Response to contractor questions
Review of construction submittals
Design calculations
Permitting support
A total of $25,000 is anticipated to be needed for the ongoing park construction and the remaining $75,000 will be for community center construction. The total cost of the additional design and construction support services is $100,000. The new not-to- exceed amount, including the previous Amendments is $584,845.00.
RHA Agreement Funds
Original Agreement – CDBG, Insurance Claim $215,295.00
Amendment No. 1 – CDBG, Insurance Claim $197,250
Amendment No. 2 – CDBG, Insurance Claim $47,300
Amendment No. 3 – Measure S $25,000
Amendment No. 4. – Measure S $100,000
New Not-to-Exceed Amount $584,845
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Sufficient funding is available in the existing budgets for both the ongoing Nicholson Park Improvements construction, and upcoming Nicholson Park Community Center construction projects.
Project Budgets
Nicholson Park Improvements (Measure S) $745,128
Nicholson Park Community Center (Measure S) $1,000,000
Amendment No. 3 ($25,000)
Amendment No. 4 (100,000)
Remaining Funds $1,620,128
The term of the agreement will be extended through June 30, 2027, to provide sufficient contract time to provide services through the bidding, award, and construction of the community center.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this amendment aligns with Key Target No. 4: Economic Growth & Development. The additional amenities to Nicholson Neighborhood Park will improve community participation for new recreational activities.
Fiscal Impact
The total fiscal impact associated with this action is $100,000 from the Measure S fund. There is sufficient budget in the previously approved FY 2025/26 CIP budget in the amount of $1,745,128.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 4 to the Professional Design Services Agreement with RHA Landscape Architects – Planners Inc. in the amount of $100,000 for Nicholson Park, and extending the term of the agreement to June 30, 2027; and
2. Authorize the City Manager or designee to execute all documents with RHA Landscape Architects – Planners Inc.; and
Attachments
Attachment 1 Amendment No. 4 To Agreement with RHA Landscape Architects – Planners Inc.
Attachment 2 Amendment No. 3 To Agreement with RHA Landscape Architects – Planners Inc.
Attachment 3 Amendment No. 2 To Agreement with RHA Landscape 2 9
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Architects – Planners Inc.
Attachment 4 Amendment No. 1 To Agreement with RHA Landscape Architects - Planners Inc
Attachment 5 Agreement with RHA Landscape Architects – Planners Inc Attachment 6 Location Map
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
April 15, 2020 Mayor and City Council approved the City’s GY 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 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 Nicholson Park Design (Ward 6)
August 2, 2023 Amendment No. 2 Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design (Ward 6)
December 6, 2023 Award of Agreement for Construction of Nicholson Neighborhood Park Improvements (Ward 6)
February 21, 2024 Award of Agreement for Construction Management and Inspection Services for the Nicholson Park Improvements (Ward 6)
April 17, 2024 Proposed Substantial Amendment to Fiscal Years 2023-2024 and 2020-2021 Annual Action Plan Associated with Community
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Development Block Grant and Community Development Block Grant (All Wards)
September 4, 2024 Recommendation to Increase the Construction Contingency and Construction Management Budget for Nicholson Park
Improvements Project (Ward 6)
November 20, 2024 Amendment No. 3 Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design (Ward 6)
cc: Eric Levitt, City Manager