REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
December 16, 2025
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Amendment to Supplemental Agreement to the Public Highway Overpass Agreement and Amendment to Assignment and Assumption Agreement for the Cedar Avenue at Interstate 10 Improvement Project
End
RECOMMENDATION(S)
Recommendation
1. Approve Amendment No. 2, the Second Supplemental Agreement, to Agreement No. 22-217 with Union Pacific Railroad Company, a Delaware Corporation, for additional railroad work to be performed by the Union Pacific Railroad for the Cedar Avenue at Interstate 10 Improvement Project, at an estimated cost of $1,623,600, increasing the total estimated cost from $555,000 to $2,178,600.
2. Approve Amendment No. 2 to Contract No. 22-218 with the San Bernardino County Transportation Authority, to reflect the $1,623,600 increase in the cost of the additional railroad work for the Cedar Avenue at Interstate 10 Improvement Project, which shall be funded by San Bernardino County Transportation Authority.
3. Authorize the Director of the Real Estate Services Department to execute any non-substantive documents necessary to document the cost of the additional railroad work, in an amount not to exceed $1,623,600, for the Cedar Avenue at Interstate 10 Improvement Project, subject to County Counsel review.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The total cost increase to the County for the Second Supplemental Agreement to the Public Highway Overpass Agreement (Second Supplemental Agreement) with Union Pacific Railroad Company (UPRR) for the additional railroad work to be performed by UPRR for the Cedar Avenue at Interstate 10 Improvement Project (Project) is estimated to be $1,623,600, which will be funded by the San Bernardino County Transportation Authority (SBCTA) pursuant to Amendment No. 2 to Contract No. 22-218 with SBCTA.
BACKGROUND INFORMATION
The Project is a joint effort among the County, California Department of Transportation (Caltrans), SBCTA, the City of Fontana, and the City of Rialto. SBCTA is the lead agency for the right-of-way and construction phases, with the County’s Real Estate Service Department (RESD) assisting with right-of-way acquisition services. Caltrans provides project design services and is the lead agency for environmental compliance. The proposed Project improvements will impact the interchange at Cedar Avenue and Interstate 10, between Slover Avenue and Bloomington Avenue, and will consist of widening Cedar Avenue from Bloomington Avenue to Orange Street, adding turn lanes, widening the interstate overcrossing, replacing the UPRR/Cedar Avenue bridge, and modifying existing ramps.
On March 29, 2022 (Item No. 47), the Board of Supervisors (Board) approved the following actions for the Project:
• Temporary Construction Easement (TCE): granted SBCTA, at no cost, in accordance with section 25526.6 of the California Government Code, a TCE of approximately 24,573 square feet over a portion of County-owned property at 18313 Valley Boulevard (Assessor’s Parcel Numbers 0252-161-10-0000 and 0252-161-09-0000) in unincorporated Bloomington.
• Public Highway Overpass Agreement No. 22-217 (Overpass Agreement): approved the Overpass Agreement with UPRR for the acquisition of several easements, including approximately 21,724 square feet of TCEs, on UPRR property, effective from May 16, 2022 until the earlier of May 15, 2025, or Project completion. The Overpass Agreement included rights to construct and maintain the structure, and the slope area in support of the structure, in the amounts of $287,000 for the permanent rights and $133,000 for the temporary rights, as well as the $555,000 for the work performed by UPRR.
• Assignment and Assumption Agreement No. 22-218: approved assignment of the County’s right to construct the Project to SBCTA, with SBCTA responsible for funding all County costs for the Project under the Overpass Agreement.
• CEQA Resolution: adopted findings of fact as a responsible agency under the California Environmental Quality Act (CEQA) for the Project.
On May 20, 2025 (Item No. 76), the Board approved Amendment No. 1 (Supplemental Agreement) to Agreement No. 22-217 as the first amendment to the Overpass Agreement with UPRR to extend the term of the TCE from May 16, 2025, to the earlier of 24 months thereafter or until Project completion, for an additional payment of $89,000 increasing the total cost of the TCEs from $133,000 to $222,000, and approve a corresponding Amendment No. 1 to Contract No. 22-218 with SBCTA.
Due to delays related to the Project, in part caused by limited work windows within the UPRR right of way, SBCTA anticipates the need for additional railroad work (Additional Railroad Work) for the Project, consisting of project management, construction submittal, camera support, and inspection activities. Limiting allowable work hours and access periods within the railroad corridor would require increased coordination, repeated mobilization/demobilization, and expanded project management oversight to ensure full compliance with railroad safety and access protocols. In addition, UPRR might require more frequent inspection and flagging presence, increasing staffing and monitoring needs. As a result, SBCTA requested that RESD obtain an amendment from UPRR. UPRR has agreed to perform the Additional Railroad Work at an estimated cost of $1,623,600. All other terms of the Overpass Agreement remain unchanged.
Approval of this item will authorize the execution of Amendment No. 2 to the Supplemental Agreement with UPRR for the Additional Railroad Work at an estimated cost of $1,623,000, increasing the total contract cost from $555,000 to $2,178,600. It will also approve a corresponding Amendment No. 2 to Contract No. 22-218 with SBCTA to reflect the cost of the Additional Railroad Work, raising the total of that contract from $555,000 to $2,178,600.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng and Aaron Gest, Deputies County Counsel, 387-5455) on November 20, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on November 19, 2025; and County Finance and Administration (Eduardo Mora, 387-4376, Administrative Analyst) on November 25, 2025.
(KD: 665-0430)