REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 6, 2026
FROM
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Freeway Maintenance Agreement with the State of California Department of Transportation - Interstate 10 Corridor
End
RECOMMENDATION(S)
Recommendation
Approve Freeway Maintenance Agreement (State Freeway Agreement No. TR 08 26-OI05) with the State of California Department of Transportation, including non-standard terms, to define maintenance responsibilities for portions of Interstate 10 and related facilities within San Bernardino County’s jurisdictional limits, effective upon final execution by both parties and continuing until terminated by mutual written consent, which supersedes Freeway Maintenance Agreement No. 15-668.
(Presenter: Noel Castillo, Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Foster Sustainable Development Through Strategic Partnerships.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). Consistent with previous versions of this Agreement, the proposed Freeway Maintenance Agreement with the State of California Department of Transportation (Caltrans) (Agreement) requires each party to perform and fund its assigned maintenance responsibilities, unless otherwise expressly provided. The County’s maintenance obligations under the Agreement will be funded utilizing Gas Tax revenues; sufficient revenue and appropriation are included in the Department of Public Works (Department) 2026-27 Road Operations budget (6650002000).
BACKGROUND INFORMATION
San Bernardino County and Caltrans previously entered into a Freeway Maintenance Agreement No. 15-668 (FMA) on September 15, 2015 (Item No. 49), which documented the planned traffic circulation features of Interstate 10 and the adjustments required to the local street and road system.
On August 22, 2017 (Item No. 42), the Board of Supervisors approved a revised Exhibit A of the FMA No. 15-668 clarifying County and Caltrans road maintenance responsibility of Etiwanda Avenue within the County’s right-of-way. The proposed Agreement will supersede the prior FMA and clarify the maintenance responsibilities of each party for State Highway System facilities and County maintained facilities along Interstate 10.
The Agreement applies to portions of Interstate 10 within the County’s jurisdictional limits. The facilities represented in Exhibit A are Etiwanda Avenue Overcrossing at State postmile 11.1, Cedar Avenue Overcrossing at State postmile 18.5, Pepper Avenue Overcrossing at State postmile 21.0, and Rancho Avenue Overcrossing at State postmile 22.0.
Under the Agreement, Caltrans remains responsible for the structural components of overcrossings, including the deck, superstructure, and substructure. The County is responsible for maintenance of certain roadway and surface-level improvements on or above the bridge deck, including road surfaces, sidewalks, pavement markings, striping, lighting, traffic controls, drainage facilities, graffiti removal, debris removal, and other County facilities identified in the Agreement and Exhibit A.
The Agreement also defines responsibilities related to under crossings, walls, soundwalls, retaining walls, bicycle and pedestrian facilities, landscape areas, streetlighting, weed abatement, graffiti removal, and unsheltered encampments. The Agreement requires each party to perform its assigned obligations at its own cost unless otherwise expressly stated.
The Agreement also contains the following non-standard contract terms:
1. The Agreement requires mutual indemnification for claims arising from each party’s respective acts or omissions under the Agreement.
• County Standard: Contractors generally indemnify the County.
• Potential Impact: The County may be required to defend and indemnify Caltrans for claims arising from County activities. The provision is reciprocal and allocates responsibility based on each party’s conduct and is consistent with mutual indemnification between governmental entities.
2. The Agreement requires the County and its contractors to maintain specified liability coverage, name the State as an additional insured, and provide evidence of coverage acceptable to Caltrans.
• County Standard: County insurance provisions generally require the contracting party to provide insurance protecting the County.
• Potential Impact: The County must maintain the required coverage and provide evidence acceptable to Caltrans. The County is self-insured as reflected in Exhibit B.
3. The Agreement has no fixed expiration date and may be terminated only by mutual written consent.
• County Standard: County contracts generally have a maximum five-year term and allow termination for convenience upon 30 days’ notice.
• Potential Impact: The County cannot unilaterally terminate the Agreement and remains obligated until both parties agree to termination.
4. If a party fails to perform and does not cure within 30 days, the other party may perform the obligation and seek reimbursement. Emergency work may be performed without advance notice.
• County Standard: The County’s standard contract terms do not generally provide this reciprocal self-help and reimbursement remedy.
• Potential Impact: The County may be required to reimburse Caltrans for costs incurred to perform County-assigned maintenance obligations.
5. The parties may revise or replace Agreement exhibits without a formal amendment if signed by authorized representatives.
• County Standard: Material contract changes generally require a written amendment approved through the applicable County authority.
• Potential Impact: Maintenance exhibits may be updated without formally amending the Agreement, allowing future maintenance responsibilities or limits to be revised through signed exhibit changes.
The Department recommends approval of the Agreement, including the non-standard terms, because the Agreement establishes a clear and current framework for allocating ongoing maintenance responsibilities between the County and Caltrans. The non-standard provisions are appropriate for the governmental relationship between the parties, are reciprocal where applicable, and support the efficient administration of long-term maintenance obligations for facilities within and adjacent to State right-of-way.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on September 30, 2026; Risk Management (Arrissia Beaven, Staff Analyst II) on September 25, 2026; and County Finance and Administration (Scott Bruckner, Administrative Analyst, 387-4020) on September 17, 2026.