REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
April 8, 2025
FROM
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Amendments to Agreements with Speedway SBC Development, LLC and Union Pacific Railroad Company for Preliminary Engineering Services for the Auto Club Speedway Project
End
RECOMMENDATION(S)
Recommendation
1. Approve Amendment No. 1 to Cooperative Agreement No. 22-749 with the Speedway SBC Development, LLC for preliminary engineering services for the Auto Club Speedway Project in the Fontana area, adding the Napa Street crossing at the Union Pacific Railroad Company tracks, with no change to the contract amount of $62,000, or the contract term of August 9, 2022 through December 30, 2027.
2. Approve Amendment No. 1 to Cooperative Agreement No. 22-750 with the Union Pacific Railroad Company to perform preliminary engineering services for the Auto Club Speedway Project in the Fontana area, adding the Napa Street crossing at the Union Pacific Railroad Company tracks, with no change to the contract amount of $50,000, or the contract term of September 21, 2022 through December 30, 2027.
(Presenter: Noel Castillo, Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
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). There is no financial impact with the approval of this item. The Auto Club Speedway Project at the Union Pacific Railroad Crossing in the Fontana area (Project) preliminary engineering (PE) services is funded by Speedway SBC Development, LLC (Developer). On December 27, 2022, the Developer deposited $62,000 to the San Bernardino County (County) Department of Public Works (Department) for the PE services performed by Union Pacific Railroad Company (UPPR) under County Contract No. 21-750 and the Department’s staff labor costs relative to the Project. Sufficient appropriation and revenue are included in the Department’s 2024-25 Road Operations budget (6650002000 71H15191).
BACKGROUND INFORMATION
On August 9, 2022 (Item No. 41), the Board of Supervisors (Board) approved Cooperative Agreement No. 22-749 with the Developer and Cooperative Agreement No. 22-750 (collectively Agreement) with the UPRR for the advance payment and reimbursement relative to the PE services for the Project. The Developer is the lead agency for the Project; however, because the UPRR tracks intersects with San Bernardino Avenue and Napa Street, which are County-maintained roads, the agreement between the County and UPRR is required.
In accordance with Rule 3.7 of the California Public Utilities Commission Rules of Practice and Procedure, applications for modification of at-grade railroad crossings must be submitted by a municipal, county, state, or other governmental authority. Since the Developer is a privately owned company, and San Bernardino Avenue and Napa Street, which crosses the UPRR tracks, are County-maintained roads, the UPRR rules require UPRR to contract with the County for the preparation of the Project’s PE work. UPRR provides PE services for the Developer and the Developer reviews the work performed and authorizes payment to UPRR, which is disbursed from funds deposited by the Developer to the County.
Amendment No. 1 to the Agreements will update Exhibit A of the Agreements by adding Napa Street at the UPRR crossing as part of the PE services. UPRR agrees to perform the PE services along San Bernardino Avenue and Napa Street as it pertains to the Project in the Fontana area. UPRR agrees that no additional funding is required to include the Napa Street PE services as part of the original agreement’s scope of work.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on January 30, 2025; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on March 20, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on March 24, 2025.