CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Amendment No. 1 to Agreement with Infrastructure Engineers, A Bowman Company (Wards 1, 2, 3, 6 & 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the extension of Amendment No. 1 Professional Services Agreement with Infrastructure Engineers, A Bowman Company, until October 18, 2024, for construction management and inspections services for the creation and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.
Executive Summary
Advanced Dilemma Zone Detection Systems improve safety by measuring vehicle speeds and flows and adjusting yellow-signal phases based on these observations to reduce rear-end crashes associated with unsafe stopping, and angle crashes due to vehicles illegally continuing into the intersection during the red phase.
This project involves the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue. The extension of the Professional Service Agreement will provide construction management and inspections services for the project and not lead to any costs beyond the amount initially awarded by the Mayor and the City Council.
Background
The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including roads not owned by the State and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance.
The HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C. 148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR 924). The HSIP consists of three main components: the Strategic Highway Safety Plan (SHSP), State Highway Safety Improvement Projects (HSIP), and the Railway- Highway Crossing Program (RHCP). In addition, some states also have a High-Risk Rural Roads (HRRR) program if an area has had an increase of fatalities on rural roads.
The announcement for project submissions from HSIP Cycle 9’s came in May of 2018.
In August 2018, the City of San Bernardino submitted an application to obtain funding for construction and installation of an Advanced Dilemma Zone Detection System for 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue. On December 27, 2018, the City received a HSIP grant in the amount of $4,341,400 to carry out the project.
On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget included the Capital Improvement Plan (CIP) TC20-008 project to provide construction and installation of Advanced Dilemma Zone Detection systems at 49 signalized intersections on three corridors: Baseline Street, Mt. Vernon Avenue, and Highland Avenue; and established $4,341,400 in HSIP Grant funds to support the project. The Design for the project was completed in July 2021 by Iteris Corporation at a total cost of $339,547.
Discussion
On June 15, 2022, the Mayor and City Council awarded Infrastructure Engineers a Professional Services Agreement for overseeing construction management (CM) and inspection services related to the installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections along three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue. Additionally, on the same date, Elecnor Belco Electric Inc. was granted a construction contract for implementing the improvements necessary for the dilemma zone project.
Following a pre-construction meeting held between City staff and the CM team, Elecnor Belco Electric Inc. requested the termination of their contract on September 13, 2022, citing price escalations for traffic signal poles, traffic signal controller cabinets, traffic signal controllers, software, conflict monitors, and additional labor cost increases.
Construction was subsequently delayed as these issues were being addressed.
Infrastructure Engineers’ responsibility for project oversight was placed on hold during this period while efforts were made to resolve Elecnor Belco Electric Inc.'s concerns.
After an extensive period of legal assistance provided by the City's legal team spanning from September 2022 to August 2023, along with consultations involving staff from Caltrans District 8 and the Federal Highway Administration, a consensus was reached.
It was determined that the most favorable course of action for both the City and Elecnor Belco Electric Inc. was to proceed with the construction phase. With input from Caltrans District 8 staff, it was concluded that Elecnor Belco Electric Inc. had no valid grounds for requesting a cost increase prior to commencing construction. As a result, Caltrans recommended to proceed with the construction project in accordance with the original bid documents. Elecnor Belco Electric Inc. was duly notified of this decision, and a Notice to Proceed has been issued to initiate the procurement of materials for the project.
During the dispute, the Infrastructure Engineers' contract expired on June 15, 2023. To continue work on the project, it is recommended that the contract be extended to October 18, 2024.
The total design and construction cost for the project is estimated to be $4,340,947.
The design phase of the project was completed at cost amount of $339,547, leaving $4,001,400 for the construction cost. The overall construction costs of the project are as follows:
Construction Bid Amount $3,757,314.00
Construction Contingency $122,026.00
Construction Engineering & Inspections $122,060.00
Total Construction Project Cost $4,001,400.00
Total Design Cost $339,547.00
Total Construction Cost $4,001,400.00
Total Design and Construction Cost $4,340,947.00
Available Grant Fund Amount $4,341,400.00
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d: Improved Operational & Financial Capacity – Create a framework for spending decisions. Approval of this resolution will result in the execution of public improvements which minimize risk and litigation exposure by upgrading the existing traffic signals on various arterials within the City.
Fiscal Impact
There is no General Fund impact associated with this item. The extension of the proposed term also has no impact on the cost of the project.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the extension of Amendment No. 1 Professional Services Agreement with Infrastructure Engineers, A Bowman Company, until October 18, 2024, for construction management and inspections services for the creation and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.
Attachments
Attachment 1 Amendment No. 1 to Agreement – Infrastructure Engineers Attachment 2 Professional Services Agreement with Infrastructure Engineers Ward:
First Ward; Second Ward; Third Ward; Sixth Ward; Seventh Ward Synopsis of Previous Council Actions:
June 19, 2019 Mayor and City Council adopted Resolution No. 2019-168 approving Capital Program FY 2019/20.
June 15, 2022 Mayor and City Council awarding Professional Services Agreement to Infrastructure Engineers for construction
management and inspection services for the installation of advanced dilemma zone detection at 49 intersections to on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.