REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
February 25, 2025
FROM
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Amendment to Cooperative Agreement with the San Bernardino County Transportation Authority for the Glen Helen Parkway Rail-Highway Grade Separation Project
End
RECOMMENDATION(S)
Recommendation
Approve Amendment No. 2 to Contract No. 12-459 (Cooperative Agreement No. C12229) with the San Bernardino County Transportation Authority for the Glen Helen Parkway Rail-Highway Grade Separation Project, increasing the construction funding agreement by $2,338,317, from $22,785,000 to $25,123,317, and adding a new provision requiring the County to include naming San Bernardino County Transportation Authority as an additional insured under the general liability insurance policies for the Phase I storm drain work in all contracts between the County and its contractors, with no change to the contract period of July 11, 2012 through completion of the project close out phase and receipt of final payment.
(Presenter: Noel Castillo, Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
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 additional Discretionary General Funding (Net County Cost). Amendment No. 2 (Amendment) to Contract No. 12-459 (Contract) will increase the Glen Helen Parkway Rail-Highway Grade Separation Project (Project) costs by $2,338,317, from $22,785,000 to $25,123,317. The County’s increased share of costs is $650,052 and will be funded by the $10 million allocation from the Community Service Upgrades General Fund Reserve approved by the Board of Supervisors (Board) on July 23, 2024 (Item No. 52). The increased Project cost of $2,338,317 in the Amendment will be shared as follows:
|
Agency |
Original Share of Cost |
Amendment No.1 |
Amendment No. 2 |
Total Revised Share of Cost |
|
Burlington Northern Santa Fe/Union Pacific Railway |
$0 |
$2,320,000 |
$0 |
$2,320,000 |
|
County |
$5,486,330 |
$202,940 |
$650,052 |
$6,339,322 |
|
San Bernardino County Transportation Authority |
$14,248,670 |
$527,060 |
$1,688,265 |
$16,463,995 |
|
Total |
$19,735,000 |
$3,050,000 |
$2,338,317 |
$25,123,317 |
San Bernardino County Transportation Authority (SBCTA) agrees to pay the County an additional $1,688,265 towards SBCTA’s Public Share of the Project cost increase. Sufficient appropriation and revenue are included in the Department of Public Works’ (Department) 2024-25 Road Operations Budget (6650002000 H14057).
BACKGROUND INFORMATION
The Project was the number one priority grade separation project for the receipt of State Trade Corridor Improvement Funds based upon traffic projections in 2012. The purpose of the Project was to mitigate long delays of vehicular traffic resulting from the passage of freight trains passing Glen Helen Parkway. The Project was separated into two phases. Phase I, the Burlington Northern Santa Fe/Union Pacific Railway (UPRR) grade separation, was completed on May 14, 2015, except for storm drain work.
The storm drain, referred to in the Amendment as Southerly Project Work, was delayed because the environmental permits were not obtained in time for completion in Phase I. Phase II reconstructs the two-lane to a four-lane bridge and the storm drain construction will be included with this work. The Amendment to the Contract only pertains to the Phase I storm drain cost increase. The Project’s Phase II Bridge costs are not part of the Amendment. The new storm drain will redirect storm water underneath the UPRR tracks and drain into the Cajon Wash to mitigate flooding.
The Amendment to the Contract increases the estimated total Project cost by $2,338,317, bringing it from $22,785,000 to $25,123,317. This covers the construction of the storm drain, originally planned for Project’s Phase I but now set to be completed with the Bridge work under Phase II, and additional flagging services from UPRR. In addition, the Amendment also adds Paragraph 14 to Section II of the Contract, which requires the County to name SBCTA as an additional insured under the general liability insurance policies in all its contracts between the County and its contractors for the Southerly Project Work that are maintained by the contractor for the Project. All other terms and provisions of the Contract remain unchanged.
On August 12, 2008 (Item No. 25), the Board approved Cooperative Agreement No. 08-211 (County Contract No. 08-885) between the County and SBCTA, that committed both parties to provide financial support for the design and environmental phases of the Project. On August 23, 2011 (Item No. 56), the Board approved Amendment No. 1 to Cooperative Agreement No. 08-211 increasing the funding agreement amount by $125,378 for design engineering and environmental services for the Project.
On November 16, 2010 (Item No. 43), the Board adopted a finding of statutory exemption under the California Environmental Quality Act (CEQA) and directed the Clerk of the Board to post the Notice of Exemption for the Project.
On July 10, 2012 (Item No. 36), the Board approved the Contract with SBCTA, which became effective July 11, 2012 after execution by SBCTA, set forth the funding and administration of the construction phase of the Project. Under this agreement the County agreed to serve as the lead agency and the County and SBCTA will share the Project cost, $5,486,330 and $14,248,670, respectively, towards the $19,735,000 estimated cost for construction and construction support services.
On March 17, 2015 (Item No. 35), the Board approved Amendment No. 1 to the Contract, increasing the Project’s construction costs by $3,050,000, from $19,735,000 to $22,785,000, and extending the Contract’s termination date from June 30, 2016, to completion of the Project close out phase and receipt of final payment.
On July 23, 2024 (Item No. 52), the Board authorized $10 million of the Community Service Upgrades Geral Fund Reserve to fund a portion of the County’s share cost for the Project’s Phase II Bridge, of which approximately $650,052 of the $10 million allocation will be applied to the storm drain construction.
Approval of this item aligns with the County and the Chief Executive Officer’s goals and objectives by working cooperatively with the SBCTA in securing necessary funds to proceed with the Project and as well as improving traffic movement along the Glen Helen Parkway, south of Cajon Boulevard in the Devore area.
The SBCTA Board of Directors at its regular meeting held on February 5, 2025, approved the subject Amendment.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on February 12, 2025; Finance (Kathleen Gonzalez, Administrative Analyst, 387-4222) on February 6, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on February 7, 2025.