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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Amendment No. 2 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 Amendment No. 2 to the Professional Services Agreement with Infrastructure Engineers, A Bowman Company, extending the term until June 30, 2025 to continue the provision of 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 use sensors and real-time data analysis to identify vehicles approaching intersections in situations where it is unclear whether they should stop or proceed, optimizing traffic signal timing to improve flow and reduce delays. 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 2 4
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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 Capital Improvement Plan (CIP) TC20-008 project provide construction and installation of Advanced Dilemma Zone Detection system 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.
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 the contractor'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 the contractor was to proceed with the construction phase. With input from Caltrans District 2 4
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8 staff, it was concluded that the contractor 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.
The contractor 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 June 30, 2025.
On October 18, 2023, the City Council approved Amendment No. 1 to the agreement with Infrastructure Engineers, A Bowman Company, for time extension. Amendment No. 1 allotted additional time to complete the initial phase of the project, which focused on assessing and addressing construction concerns within the Advanced Dilemma Zone and extended the project term until October 18, 2024.
Discussion
The extension of the contract with Infrastructure Engineers is necessary to ensure the successful completion of the Advanced Dilemma Zone Detection System project, which has faced delays due to contractor disputes and price escalations. Infrastructure Engineers’ oversight of construction management and inspection services is critical to maintaining project quality, ensuring regulatory compliance, and coordinating with stakeholders such as the City, contractors, Caltrans, and the Federal Highway Administration. Given their technical expertise and familiarity with the project, extending their contract through June 30, 2025, will allow them to continue addressing the necessary adjustments and help bring the project to a successful conclusion in line with the Highway Safety Improvement Program (HSIP) requirements.
Approval of Amendment No. 2 extends the term of the original contract but does not introduce, modify, or authorize any new scope of work. Following the additional time granted under Amendment No. 1, the construction was completed in full. As a result, the required services from Infrastructure Engineers, A Bowman Company, have been reduced in scope due to the completion of construction. While most of the work has been finalized, the company is still obligated to submit the necessary closeout documentation, which is essential for ensuring compliance with grant requirements and auditing procedures. Completing the closeout documentation is one aspect of construction management.
The project completion date remains unchanged, with the period of performance set to end on June 1, 2025. The proposed amendment will extend the agreement through June 30, 2025. Infrastructure Engineers' scope of work is based on the Caltrans Post Construction Review Checklist from the Local Assistance Procedures Manual. The reversion date, which is set for June 30, 2027, refers to the period during which grant funds can still be utilized. Any work completed before this date is eligible for reimbursement.
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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. Also, the extension of the proposed term has no impact on the cost of the project. 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 a cost of $339,547, leaving $4,001,400 remaining 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 and Construction Cost $ 4,340,947.00 Available Grant Fund Amount $ 4,341,400.00
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 2 to the No. 2 Professional Services Agreement with Infrastructure Engineers, A Bowman Company, extending the term until June 30, 2025 to continue the provision of 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. 2 to Agreement – Infrastructure Engineers, A Bowman Company
Attachment 2 Amendment No. 1 to Agreement – Infrastructure Engineers, A Bowan Company
Attachment 3 Professional Services Agreement with Infrastructure Engineers, A Bowman Company
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
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June 15, 2022 Mayor and City Council Award Professional Services Agreement for Construction Management and Inspections Services for the Installation of Advanced Dilemma Zone Detection at 49
Intersections on Three Corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue (Wards 1,2,3, 6, & 7)
January 18, 2023 Mayor and City Council Approved Amendment No. 1 to Agreement with Infrastructure Engineers, A Bowman Company (Wards 1,2,3, 6, & 7)