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Home My WebLink About20-Public Works rr- � CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Nadeem Majaj, Director Subject: Resolution approving Jurisdiction Master Agreement No. C12024 with the San Dept: Public Works—Traffic Engineering Bernardino County Transportation Authority and the City of San Bernardino for partial Date: August 3, 2011 funding of eligible projects identified in the Measure I 2010-2040 Strategic Plan under the Valley Major Street Program-Arterial Sub-Program. MCC Date: September 6, 2011 Synopsis of Previous Council Action: 11-04-10 Resolution No. 2010-365 adopted approving Jurisdiction Master Agreement No. C10254 but was not executed by SANBAG. Recommended Motion: Adopt Resolution. ignature Contact person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Attachments 1& 2, Resolution, Ward: All Jurisdiction Master Agreement C 12024 FUNDING REQUIREMENTS: Amount: _32.4% of Project Cost Source: Regional Circulation System Fee Fund Acct. Description: Council Notes: � eso poi i— d2 5'`7 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution approving Jurisdiction Master Agreement No. C12024 with the San Bernardino County Transportation Authority and the City of San Bernardino for partial funding of eligible projects identified in the Measure I 2010-2040 Strategic Plan under the Valley Major Street Program-Arterial Sub-Program. BACKGROUND: The San Bernardino County Transportation Authority, also known as the San Bernardino Associated Governments (SANBAG), has requested execution of Jurisdiction Master Agreement with the City of San Bernardino for reimbursement of eligible expenditures related to Measure I 2010-2040 Major Street Program-Arterial Sub-Program revenues. Agreement C10254 between SANBAG and the City was previously approved by the City, but it expired because it was not executed by SANBAG. The agreement was revised by SANBAG and submitted to member agencies for approval. This Jurisdiction Master Agreement is required by Measure I Strategic Plan Policy 40006 before reimbursement with Measure I funds for the Arterial Sub-Program. This Agreement will serve as a multi-year agreement throughout the remaining life of the Measure 1 2010-2040. This multi- year agreement also eliminates the need to execute annual amendments; however, SANBAG will annually adopt the allocation and project list developed in consultation with local jurisdiction staff. The funding allocation for FY 2011-2012 and project list are shown in Attachments 1 and 2, respectively, based upon the cities' annually adopted Capital Project Needs Assessments (CPNA). The City of San Bernardino's share of the cost will be 32.4 percent of total eligible project expenses, which represents the share expected from new development as required by Measure I. This cost is expected to be funded by new development through the Regional Circulation System Fee Fund. The remaining 67.6 percent of total eligible expenses will be reimbursed by SANBAG under the Valley Major Street Program-Arterial Sub-Program. FINANCIAL IMPACT: The City's portion of the cost for individual projects will be funded by the Regional Circulation System Fee Fund as identified in the FY 2011/2012 Capital Improvement Program. RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Attachments 1 & 2 Resolution Jurisdiction Master Agreement No. C 12024 2 ATTACHMENT 1 FUNDING ALLOCATION FOR FY 2011-2012 Allocations for the Measure I Major Street/Arterial Program for FY 2011-2012 (Dollars are in 1,000s) FY 10/11 FY 11/12 Cumulative Jurisdiction Equitable Share Allocation Allocation Allocation (Approved Last (Column Being (Total of Both Year) Approved)* Years) Chino 7.60% $482.68 $638.40 $1,121.08 Chino Hills 2.20% $139.72 $184.80 $324.52 Colton 250% $158.78 $210.00 $368.78 Fontana 19.50% $1;238.45 $1,638.00 $2,876.45 Grand Terrace 1.40% $88.91 $117.60 $206.51 Highland 6.80% $431.87 $571.20 $1,003.07 Loma Linda 4.10% $260.39 $344.40 $604.79 Montclair 0.60% $38.11 $50.40 $88.51 Ontario 12.30% $781.17 $1,033.20 $1,814.37 Rancho Cucamong 5.10% $323.90 $428.40 $752.30 Redlands 4.90% $311.20 $411.60 $722.80 Rialto 3.90% $247.69 $327.60 $575.29 San Bernardino 7.90% $501.73 $663.60 $1,165.33 Upland 2.30% $146.07 $193.20 $339.27 Yucaipa 6.00% $381.06 $504.00 $885.06 County 12.90% $819.28 $1,083.60 $1,902.88 Total 1 100.00% $6,351.00 $8,400.00 $14,751.00 ATTACHMENT 2 Measure I Valley Major Street/Arterial Project List for Application to Jurisdiction Master Agreements for FY 2011-2012 (Note: Jurisdictions may be reimbursed in FY 11-12 for expenditures on projects in Prior, 11-12, or 12-13 columns) Widen Edison Avenue from Pipeline to Ramona Ave Chino from 4 lanes to 6 lanes $ 130 Widen Edison Avenue from Ramona Ave to Central Chino from 4 lanes to 6 lanes (spot widening) $ 97 Widen Edison Avenue from Central Ave to Euclid Chino Avenue from 4 lanes to 6 lanes $ 324 Widen Pine Avenue from Euclid Avenue to SR 71 Chino from 2 to 4 lanes $ 640 Widen Schaefer Avenue from Benson Avenue to Chino Euclid Avenue(Stae Route 83)from 2 lanes to 4 $ 2,236 Construct Traffic Signal at the intersection of El Chino Prado Road and Kimball Avenue $ 162 Construct traffic signal at the intersection of Fern Chino Avenue and Riverside Drive $ 483 Construct Traffic Signal at the Intersection of Kimball Chino and Main $ 211 Construct Traffic Signal at the Intersection of Kimball Chino and Mill Creek Road $ 153 Construct Traffic Signal at the Intersection of Pine Chino Avenue and Hellman Avenue $ 153 3187 $ $5 551' Chino Hills None Chin' ,,,777777Totav Realign Reche Canyon Rd to Hunts Ln from Colton Washington St to City limit and Widen Reche Canyon $ 234 $ 276 $ 689 Widen La Cadena Dr from Rancho Ave to Iowa split Colton including bridge over Santa Ana River from 4 to 6 $ 506 Widen East side of Riverside Ave from Riverside Calton County Line to Agua Mansa Rd including bridge from $ 530 $ 624 Widen San Bernardino Ave from Pepper Ave to Colton Rancho Ave from 2 to 4 lanes $ 101 $ 119 Colton Extend Washington St to La Cadena Dr $ 1,132 $ 1,334 Widen Washington St from Waterman Ave to 1-215 Colton from 4 to 6 lanes and Intersection Improvements $ 282 $ 332 Widen C Street from City limits West of Rancho Ave Colton to Pennsylvania Ave from 2 to 4 lanes $ 65 $ 76 Widen Agua Mansa Rd from Rancho Ave to Riverside Colton Ave from 2 to 4 lanes $ 167 $ 195 $ 489 Extend Pepper Ave from 1-10 to Agua Mansa Rd and Colton Widen from 1-10 to Slover Ave from 2 to 4 lanes. $ 296 $ 348 Widen and Reconstruct Slover Ave from Pepper Ave Colton to Riverside Ave from 2 to 4 lanes $ 151 $ 178 tGll��t'� ? rya ,f€ . Taal � w�» w ,� Ph1:Widen Slover Avenue, north side,from Cedar County Ave to Larch Ave from 1 to 2 lanes(Phase 1 of Widen $ 393 CPNA Measure!Need by FY($1,000) Project Prior 11-12 12-13 Ph2:Widen Slover Avenue from Alder Ave to Cedar County Ave(Phase 2 of Widen Slover Ave from Alder Ave to $ 3,214 Ph 1:Widen North Side of San Bernardino Ave from County Cherry Ave to Fontana city limit from 1 to 2 lanes $ 124 $ 1,105 Ph 1:Widen Reche Cnyn Rd from .67M S, Barton Rd County N .25M (Prado Ln)-(Phase I of Widen Reche Canyon $ 76 $ 408 Ph 1: Widen Colton Avenue from Wabash Ave to County King/Agate from 2 to 4 lanes(part of Widen Colton $ 611 Widen State St from Highland Ave to Cajon Blvd County from 2 to 4 lanes $ 167 Widen Cherry Ave bridge from Merrill Ave to County Whittram from 4 to 6 lanes $ 785 $ 1,500 $ 9,000 Fontana Arrow:Alder to Maple Widen from 2 to 4 lanes $ 510 $ 290 Cherry:South Highland to 115 Widen from 2 to 6 Fontana lanes $ 210 Fontana Citrus:Jurupa to Slover Widen 2 to 4 lanes $ 3,399 $ 565 Fontana Cypress:Jurupa to Slover Widen 2 to 4 lanes $ 274 $ 425 $ 1,000 Fontana Duncan Canyon: 115 to Citrus Widen 2 to 4 lanes $ 328 Widen Foothill Blvd from Citrus Ave to Maple Ave Fontana from 4 to 6 lanes $ 530 Widen Sierra Ave from Foothill Blvd to Baseline Rd Fontana from 4 to 6 lanes $ 122 Widen Sierra Ave from Valley Blvd to San Bernardino Fontana Ave from 4 to 6 lanes $ 288 Widen Slover Ave from Etiwanda Ave to 800'east of Fontana Etiwanda Ave from 2 to 4 lanes $ 213 Widen Michigan Ave from Commerce Way to Van Grand Terrace Buren St from two lanes to four lanes $ 89 $ 90 $ 90 Grand Terrace Total Highland Widen Bridge at City Creek on Baseline $ 249 Highland Widen Bridge at City Creek on Boulder $ 551 Highland Widen Bridge at City Creek on Greenspot $ 1,517 Highland Total $ 2,068 $ 249 $ - Extend Evans St from Redlands Blvd to Barton Rd Loma Linda from 0 to 4 lanes $ 46 Widen Intersection of Redlands Blvd and California Loma Linda St $ 73 LYirrlai Limas _< ,1.19 .$ $ Montclair Monte Vista ROW for UPRR Grade Separation $ 38 Widen Monte Vista Ave from San Bernardino St to Montclair Arrow Hwy from 4 to 6 lanes $ 8 i CPNA Measure I need by FY($1,000) city _J _ prior 11 42 12-13 Montclair 1T0taL 1 $ 38 E Y 8 1 S - I Grove Avenue from 4th Street to Holt Blvd -Widen Ontario from 4 to 6 lanes $ 22 $ 50 $ 45 Mission Blvd (Benson to Milliken),Widen from 4 to 6 Ontario lanes-Phase I Have to Archibald $ 125 $ 250 ;Ontario Total $ 146 $ 300 . $ 45. Rancho Cucamonga Foothill Blvd at Malachite-Install new traffic signal $ 182 Rancho Cucamonga Hermosa Ave at Church St- Install new traffic signal $ 171 Widen Wilson Ave from East Ave to Warman Bullock Rancho Cucamonga Rd from 0 to 2 lanes $ 2,052 Install traffic signal at intersection of Church St and Rancho Cucamonga Terra Vista Pkwy $ 178 T t 1 2,Z3fl $ 182 $ 17 Redlands Traffic Signal at 6th and 1-10 EB Ramp $ - $ 173 Redlands Traffic Signal at 6th and 1-10 WB Ramp $ - $ 173 Redlands Traffic Signal at Ford Street and 1-10 WB Ramp $ 177 1 177 Widening-Alder Ave from Baseline to SR-30 from 2 Rialto to 6 Lanes $ 3,204 Widening-Ayala Rd from Baseline Rd to Easton Ave Rialto from 2 to 4 lanes $ 1,656 Widening/Reconstruct-Footlhill Blvd from West Rialto City Limits to East City Limits from 4 to 6 Lanes $ 459 $ 689 Install a traffic signal at the intersection of Sycamore Rialto Ave and Merrill Ave $ 212 Install a traffic signal at the intersection of Valley Rialto Blvd and Cactus Ave $ 212 Install a traffic signal at the intersection of Riverside Rialto Ave and Locust Ave $ 127 San Bernardino Mount Vernon Viaduct Bridge Replacement $ 480 $ 63 Widen 40THStreet between Acre Ln and Electric Ave San Bernardino from 2 to 4 lanes. $ 462 $ 340 Widen "H"Street between Kendall Dr and 40th St, San Bernardino from 2 lanes to 4 lanes. $ 318 Extension of State Street between Foothill Blvd and San Bernardino 16TH St,from 0 lanes to 4 lanes. $ 1,179 San Bernardino Total 2,121 $ 63 $ X58 Widen Arrow Route from County Line to Central j Upland Avenue;from 2 to 4 lanes. $ 200 $ 900 l [gland "Total . �a, 200 :$ 90Q. - Yucaipa Blvd improvements,widen from 4 to 6 Yucaipa lanes, 15th Street to 1-10 1 $ 303 $ 300 $ 280 CPNA Measure I Need by FY($1,000) city Project Prior 11-12 12-13 Avenue E Intersection Improvements, Between 5th Yucaipa Street and Bryant Street,widen from 2 to 4 lanes $ 353 $ Widen Yucaipa Blvd from 12th St to 15th St from 4 ._..__— Yucaipa to 6 lanes $ 545 Yucaipa Total $ 1,201 $ 380 $ 380 1 RESOLUTION NO. a 2 RESOLUTION APPROVING JURISDICTION MASTER AGREEMENT NO. C12024 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION 3 AUTHORITY AND THE CITY OF SAN BERNARDINO FOR PARTIAL FUNDING OF ELIGIBLE PROJECTS IDENTIFIED IN THE MEASURE I 2010-2040 STRATEGIC 4 PLAN UNDER THE VALLEY MAJOR STREET PROGRAM-ARTERIAL SUB- S PROGRAM. 6 WHEREAS, the San Bernardino County Transportation Authority (SANBAG) has 7 requested that the City of San Bernardino (CITY) execute Jurisdiction Master Agreement No. 8 C12024, attached hereto as Exhibit "A" and made a part hereof, defining the obligations of 9 SANBAG and CITY with respect to the reimbursement of eligible project costs in accordance 10 with the Measure 12010-2040 Strategic Plan. 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 12 CITY OF SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. The City Manager is hereby authorized and directed to execute said 14 Agreement on behalf of the City. 15 SECTION 2. The authorization to execute the above referenced Agreement is 16 rescinded if it is not executed within ninety (90)days of the passage of this resolution. 17 18 19 20 21 22 23 24 25 I RESOLUTION...APPROVING JURISDICTION MASTER AGREEMENT NO. C12024 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION 2 AUTHORITY AND THE CITY OF SAN BERNARDINO FOR PARTIAL FUNDING OF ELIGIBLE PROJECTS IDENTIFIED IN THE MEASURE I 2010-2040 STRATEGIC 3 PLAN UNDER THE VALLEY MAJOR STREET PROGRAM-ARTERIAL SUB- 4 PROGRAM. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2011, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 JENKINS 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 18 Rachel Clark, City Clerk 19 The foregoing resolution is hereby approved this day of , 2011. 20 21 Patrick J. Morris, Mayor City of San Bernardino 22 Approved as to form: 23 24 J MES F. PENMAN, 25 (1 ity Attorney Exhibit "A" JURISDICTION MASTER AGREEMENT NO. C12024 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY i AND CITY OF SAN BERNARDINO THIS AGREEMENT is made and entered into as of the effective date, as defined herein, by and between the San Bernardino County Transportation Authority (hereinafter referred to as "SANBAG") and the City of San Bernardino (hereinafter referred to as "CITY"). RECITALS WHEREAS, the Measure I 2010-2040 Strategic Plan identified Valley Major Street Program- Arterial Sub-program projects eligible for partial funding from Measure 12010- 2040 revenues; and WHEREAS, this Jurisdiction Master Agreement (AGREEMENT) is to be carried out in accordance with the policies in the most current Measure 12010-2040 Strategic Plan, as adopted by the SANBAG Board of Directors; and WHEREAS, SANBAG will annually adopt a Measure I funding allocation and project list for the Valley Major Street Program — Arterial Subprogram, based on SANBAG's annual budget and CITY'S Capital Project Needs Analysis (CPNA); and WHEREAS, SANBAG will reimburse CITY for the public share of eligible project expenditures with Measure I 2010-2040 Major Street Program- Arterial Sub-program funds in an amount that is determined by SANBAG as part of its annual approval of the Measure I allocation for that program; NOW, THEREFORE, SANBAG and CITY agree to the following: C 12024 Page 1 of 6 SECTION I SANBAG AGREES: L To reimburse CITY, as provided for in Section III, within thirty (30) days after CITY submits to SANBAG an original and two copies of the signed invoices in the proper form covering those actual allowable project expenditures that were incurred by CITY, consistent with the invoicing requirements of the Measure I 2010-2040 Strategic Plan, including backup information. Invoices may be submitted to SANBAG as frequently as monthly. 2. To annually adopt a Measure I funding allocation and project list (hereinafter referred to as "FUNDING ALLOCATION AND PROJECT LIST") for the Valley Major Street Program — Arterial Subprogram, based on SANBAG's annual budget and CITY'S Capital Project Needs Analysis (CPNA) submittal to SANBAG for the applicable fiscal year. SANBAG will notify CITY of the Measure I allocation and the list of projects eligible for reimbursement within approximately thirty (30) days of such action, which will also constitute authorization for CITY to begin invoicing for the applicable fiscal year. 3. Except as provided below in Section II Article 8, when conducting an audit of the costs claimed under the provisions of this AGREEMENT, to rely to the maximum extent possible on any prior audit of CITY performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to SANBAG when planning and conducting additional audits. SECTION II CITY AGREES: 1. That only eligible project-specific work activities, as set forth in SANBAG's annually adopted FUNDING ALLOCATION AND PROJECT LIST, that also conform to the SANBAG Nexus Study and are included as projected expenditures in the first two years of the applicable Capital Project Needs Analysis (CPNA) or referenced as "prior" expenditures in the CPNA will be eligible for reimbursement with Measure I Major Street Program- Arterial Sub- program funds. Prior expenditures must be eligible under the Advance Expenditure policies in Section V.0 of the SANBAG Measure I 2010-2040 Strategic Plan Policy 40002. 2. To prepare and submit to SANBAG an original and two copies of signed invoices for reimbursement of those eligible project expenses contained in SANBAG's adopted FUNDING ALLOCATION AND PROJECT LIST. Invoices may be submitted to SANBAG as frequently as monthly, up to the C 12024 Page 2 of 6 I cumulative allocation limit specified in the FUNDING ALLOCATION AND PROJECT LIST. ' 3. To repay to SANBAG any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within ninety (90) days of CITY receiving notice of audit findings, which time shall include an opportunity for CITY to respond to and/or resolve the finding. Should the = finding not be otherwise resolved and CITY fail to reimburse moneys due SANBAG within ninety (90) days of audit finding, or within such other period as may be agreed between both parties hereto, SANBAG reserves the right to withhold future payments due CITY from any source under SANBAG's control. 4. To provide (select one of two options): i A. (If no specification of reserved and unreserved accounts) the percentage share of total eligible project expenses as specified in the most current, approved version of the SANBAG Development Mitigation Nexus Study, which represents the development share. B. (If reserved and unreserved accounts are specified) 50% share of total eligible project expenses allocated to the reserved account, as documented in SANBAG's annually adopted FUNDING ALLOCATION AND PROJECT LIST. 5. To maintain copies of all consultant/contractor invoices, source documents, books and records connected with its performance under this AGREEMENT for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to SANBAG or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SANBAG. Copies will be made and furnished by CITY upon request, 6. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support CITY request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of project work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by CITY. 7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible project costs expended for those activities described in the work activities, and to submit that Final Report and invoice no later than one hundred twenty (120) days following the completion of those expenditures. The Final Report of Expenditures, an original and two copies of which report shall be submitted to SANBAG, must state that these project funds were used C 12024 Page 3 of 6 in conformance with this AGREEMENT and for those project-specific work activities described. 8. To allow for the preparation of a project-specific audit by CITY or by SANBAG, at SANBAG's option and expense, and to cooperate in the audit as described in Section I Article 3, upon completion of the project. The audit must find that all funds expended on the project were used in conformance with this AGREEMENT. 9. To notify SANBAG of Project Development Team (PDT) meetings, if and when such meetings are held, and provide related communications on project progress when requested by SANBAG. 10. As an eligible project expense, to post signs when project construction begins at the boundaries of the project noting that project is funded with Measure I funds. Signs shall bear the logo of San Bernardino Associated Governments. SECTION III IT IS MUTUALLY AGREED: 1. To abide by all applicable federal, state and local laws and regulations pertaining to projects funded through this AGREEMENT, including policies in the applicable program in the Measure 1 2010-2040 Strategic Plan, as amended, as of the date of SANBAG's adoption of the FUNDING ALLOCATION AND PROJECT LIST for the applicable fiscal year. . 2. SANBAG's financial responsibility shall be (select one of two options for each individual year of allocation): A. (if no specification of reserved and unreserved accounts) the percentage of actual cost for eligible project expenditures as specified in the most current, approved version of the SANBAG Development Mitigation Nexus Study, up to the cumulative allocation limit specified in the adopted FUNDING ALLOCATION AND PROJECT LIST. B. (if reserved and unreserved accounts are specified) 100% of actual cost for eligible project expenditures up to the limit specified in the adopted FUNDING ALLOCATION AND PROJECT LIST for the unreserved account, and 50% of actual cost for eligible project expenditures up to the limit specified in the adopted FUNDING ALLOCATION AND PROJECT LIST for the reserved account. 3. CITY may be reimbursed in a subsequent fiscal year for expenditures in excess of the cumulative allocation limit for the current fiscal year, based on invoices for eligible project expenditures. SANBAG retains the option to C 12024 Page 4 of 6 i j 3 reimburse CITY no more than 50% of the public share of excess expenditures for the current fiscal year within the first six (6) months of the subsequent fiscal year, with the remaining 50%to be reimbursed in the second six months of the fiscal year. SANBAG shall inform the jurisdiction within thirty (30) days of receipt of an invoice for the excess expenditures, if it chooses to exercise that option. 4. If CITY does not expend funds up to the cumulative allocation limit as referenced in the adopted FUNDING ALLOCATION AND PROJECT LIST within the current fiscal year, the unused portion may be applied to eligible PROJECT expenditures in the subsequent fiscal year, in addition to the allocation received for the subsequent year. Eligible project reimbursements shall include only those costs incurred by CITY for project-specific work activities that are described in the adopted FUNDING ALLOCATION AND PROJECT LIST. 5. Neither SANBAG nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SANBAG, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) or damage occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. CITY's indemnification obligation applies to SANBAG's "passive" negligence but does not apply to SANBAG's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. CITY is an authorized self- insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its programs of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. SANBAG warrants that it maintains insurance for these purposes. 6. This Agreement is expressly subordinated to any bonds, notes, certificates or other evidences of indebtedness involved in bond financings as are now outstanding or as may hereafter be issued by SANBAG. 7. The terms of this AGREEMENT represent the consent of the CITY to provide the full development share for the project required by the SANBAG Nexus Study and that failure to contribute the development share according to the terms of this AGREEMENT does not obligate SANBAG to provide ' supplemental funds or otherwise remedy that failure. SANBAG may terminate or modify this AGREEMENT if the CITY fails to perform C 12024 Page 5 of 6 according to the terms of this AGREEMENT and if this failure jeopardizes the delivery of the project according to the terms herein. 8. SANBAG shall track the CITY equitable share of the Valley Arterial Sub- program, including adjustments for the time-value of money based on time of allocation of Measure I funds in the SANBAG budget. 9. The Recitals stated above are true and correct and are incorporated by this reference into the AGREEMENT. 10. The effective date shall be the date upon which SANBAG executes this AGREEMENT. SAN BERNARDINO COUNTY CITY of SAN BERNARDINO TRANSPORTATION AUTHORITY By: By: Larry McCallon Charles E. McNeely President City Manager SANBAG Board of Directors Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: , �A-- 6� es F. Penman SANBAG Counsel ity Attorney Date: Date: CONCURRENCE: By: Kathleen Murphy-Perez Contracts Manager C 12024 Page 6 of 6