REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 28, 2025
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Plans and Specifications and Acquisition of Replacement Easements for the National Trails Highway at 10 Bridges Project in the Unincorporated Areas of Amboy and Essex
End
RECOMMENDATION(S)
Recommendation
1. Approve the form of First Amendment to existing Acquisition Agreements with two property owners to acquire three replacement Temporary Construction Easements over portions of certain real properties totaling approximately 102,232 square feet located in an unincorporated area of Amboy (Assessor’s Parcel Numbers 0558-151-15-0000 (portion) and 0655-232-01-0000 (portion)) for a revised two-year term commencing on January 28, 2025 and expiring on the earlier of completion of the project or January 27, 2027.
2. Authorize the Director of the Real Estate Services Department to complete and execute the First Amendments to existing Acquisition Agreements in substantial conformance with the approved form in Recommendation No. 1, and any other non-substantive documents necessary to complete these transactions, subject to County Counsel review.
3. Approve the plans and specifications for the National Trails Highway at 10 Bridges Project in the Unincorporated Areas of Amboy and Essex, as signed and sealed by a registered civil engineer.
4. Authorize the Director of the Department of Public Works to advertise the National Trails Highway at 10 Bridges Project in the Unincorporated Areas of Amboy and Essex for formal bids.
(Presenter: Noel Castillo, Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The National Trails Highway at 10 Bridges Project in the Unincorporated Areas of Amboy and Essex (Project) is financed by Federal Highway Bridge Planning funds (88.53%) and Discretionary General Funds (11.47%) allocated to the Department of Public Works (Department) in the 2014-15 through 2016-17, 2018-19, and 2024-25 budgets. Sufficient revenue and appropriation are included in the Department’s 2024-25 Road Operations budget (6650002000 H14853, H14910-H14918).
BACKGROUND INFORMATION
The Project involves the replacement of 10 bridges (Bristol Ditch, Cerro Ditch, Gordo Ditch, Cerulia Ditch, Leith Ditch, Terra Ditch, Sombra Ditch, Beacon Ditch, Larissa Ditch and Adena Ditch) located on National Trails Highway (NTH) in the unincorporated areas of Amboy and Essex. This Project represents 10 of the 133 bridges on the NTH that were constructed in 1929-1930 and need replacement. The new bridges will be designed to accommodate legal load weight limits and a 100-year storm event. The Project will replace the 10 timber trestle bridges with concrete bridges on the NTH, also known as Route 66. This two-lane road holds significant historical and local circulation importance. Most of this segment of the NTH in San Bernardino County has been determined to qualify as eligible to the National Register of Historic Places, although not all bridges are eligible as contributing features.
Through the years, the bridges have been modified by various maintenance and repair work with the intent of maintaining public safety and prolonging the service life of the bridges. The proposed replacements will resolve any issues with these 10 bridges due to their age and worn conditions. Upon completion of 9 of the 10 bridges, the section of the NTH west of Cadiz Road will open. The exception will be the bridge spanning Adena Ditch, located in the currently closed section of the NTH east of Cadiz Road. All rights-of-way has been acquired for the Project.
On October 22, 2024 (Item No. 47), the Board approved the acquisition of the following temporary construction easements (TCEs), commencing on May 1, 2025 and expiring on the earlier of project completion or April 30, 2027, for the Project.
Property Owner/Last Name |
APN |
TCE No. |
Total Easement Area to be Acquired |
Cadiz Inc. |
0558-151-15-0000 (portion) |
TCE-2 |
59,851square feet |
Dalnays, as co-trustees of the Dalnay Family Trust dated 11-13-01 |
0655-232-01-0000 (portion) |
TCE-3 TCE-4 |
21,803 square feet 20,578 square feet |
Acquisition agreement templates were also approved for use by the Real Estate Services Department (RESD) to acquire the required TCEs. Acquisition Agreements were subsequently entered into with both property owners, which were signed by the RESD Director pursuant to delegated authority, whereby the property owners granted three TCEs to the County.
To align with the project's Right of Way Certification timeline, the Project must be submitted to Caltrans for certification in February 2025. As a result, the TCE commencement date needs to be revised to January 28, 2025, instead of the original date of May 1, 2025. By advancing these dates, the Department complies with Caltrans Right of Way Manual, Section 7.04.08.00, by ensuring that the TCE start dates begin on or before the Project’s right of way certification date. This ensures that the County has full possession of the property to obtain the approved right of way certification
This item seeks approval for an amendment to the existing Acquisition Agreements to acquire TCEs for a revised two-year year to commence on January 28, 2025 and expire on the earlier of project completion or January 27, 2027 and for the property owners to grant new TCEs, which will replace the previously executed TCEs at no additional cost.
On July 14, 2020 (Item No. 41), the Board of Supervisors (Board) approved Contract No. 20-591 with Dokken Engineering, in the amount not to exceed $ 2,498,918, for the period of July 14, 2020 to July 13, 2024, to provide professional engineering and environmental services.
On May 7, 2024 (Item No. 45), the Board approved the Project and determined it to be exempt in accordance with the California Environmental Quality Act (CEQA). The Clerk of the Board was directed to file and post a Notice of Exemption. Accordingly, no further action is required under CEQA.
Additionally, since this Project receives federal funding, the United States Department of Transportation Federal Highway Administration (FHWA) is the federal lead agency for purposes of National Environmental Policy Act (NEPA) review. The FHWA has adopted and issued a Finding of No Significant Impact (FONSI). Therefore, the NEPA compliance on the Project is complete.
On June 25, 2024 (Item No. 89), the Board approved Amendment No. 1 to Contract 20-591 with Dokken Engineering, extending the term of the contract to December 31, 2027 and added provisions for compliance with Executive Order N-6-22 Russia Sanctions and Senate Bill 1439 contractor information reporting, with no change to the contract scope or amount.
On October 22, 2024 (Item No. 47), the Board approved waiver valuations 24-30 and 24-31 for the necessary easements for the Project, authorized the acquisition of three temporary construction easements, and authorized the Director of the Real Estate Services Department to execute the acquisition agreements to acquire the easements.
Upon approval of this item, the Department will submit to Caltrans for right of way certification. The Department will only proceed with advertising the Project for bids after receiving Caltrans authorization to proceed with the construction phase of the Project. This step ensures compliance with all regulatory requirements and confirms the readiness of the Project to move forward.
The Project’s specifications include an allowance, in the total amount of $500,000, for Supplemental Work, Federal Trainee Program, and Payment Adjustments for Price Index Fluctuations.
PROCUREMENT
Following Caltrans approval to proceed with the construction phase, the Project will be advertised to invite formal bids in accordance with Section 22037 of the California Public Contract Code. The Department anticipates returning to the Board for an award of the construction contract in Summer 2025.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng and Aaron Gest, Deputies County Counsel, 387-5455) on January 21, 2024; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on January 10, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on January 10, 2025.