Standard Contract Page 1 of 7
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
San Bernardino County
Flood Control District
Department Contract Representative Michael B. Fam
Telephone Number 909-387-8120
Contractor City of Ontario
Contractor Representative Tricia Maruki
Telephone Number 909-395-2188
Contract Term Not Applicable
Original Contract Amount $21,900,000
Amendment Amount $4,162,500
Total Contract Amount $26,062,500
Cost Center 1910002518 F02699
Contractor City of Chino
Contractor Representative Hye Jin Lee
Telephone Number 909-334-3310
Contract Term Not Applicable
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
AGREEMENT 21-89 – AMENDMENT NO. 1
WHEREAS, on January 26, 2021, the San Bernardino County Flood Control District (DISTRICT), the City of Chino (CHINO) and the City of Ontario ( ONTARIO), and may hereinafter be individually referred to as a “PARTY” and, collectively referred to as the “PARTIES” entered into Contract No. 21- 89 (AGREEMENT) under which the PARTIES agreed to cooperate and jointly participate in the development, funding, and construction of a drainage facility, generally referred to as the San Antonio Avenue Storm Drain, located on San Antonio Avenue, running northerly from the Sultana-Cypress Storm Drain in the City of Chino to Phillips Contract Number
SAP Number
Street and easterly on Phillips Street to Oakland Avenue in the City of Ontario (hereinafter referred to as the “PROJECT”); and
WHEREAS, Sections 4.10 and 4.14 of the AGREEMENT authorize the PARTIES to amend the AGREEMENT to modify the PROJECT cost so long as such written amendment is approved by the PARTIES; and
WHEREAS, ONTARIO and CHINO now desire to amend the PROJECT cost including contingency cost due to increased material and construction costs; and
WHEREAS, the new estimated PROJECT cost is Thirty -Four Million Seven Hundred and Fifty Thousand Dollars ($34,750,000); and
WHEREAS, the PARTIES agree that the DISTRICT will contribute to the total PROJECT costs by reimbursing ONTARIO 75% of the estimated PROJECT cost, in an amount not to exceed Twenty-Six Million and Sixty-Two Thousand and Five Hundred Dollars ($26,062,500), as illustrated in Exhibits A and B to the AGREEMENT; and
WHEREAS, the PARTIES agree that CHINO and ONTARIO will share in the total PROJECT costs by contributing 25% of the estimated PROJECT cost, in the amount of Eight Million Six Hundred and Eighty-Seven Thousand and Five Hundred Dollars ($8,687,500), at the cost sharing ratio of 10% (CHINO) to 90% (ONTARIO), as illustrated in Exhibit A to the AGREEMENT; and
WHEREAS, the PARTIES understand that the DISTRICT does not currently have the full funding available for its share of the cost to fund the PROJECT within its Flood Control Zone 1 construction budget and, therefore, will reimburse ONTARIO per the reimbursement schedule, as stipulated under Section 2.1 of the AGREEMENT and outlined in Exhibit B to this Amendment No. 1; the DISTRICT reserves the right to amend the reimbursement schedule should an event occur that requires the DISTRICT to re-allocate funding from improvement projects, such as this PROJECT, to maintain and repair its facilities; and
WHEREAS, the DISTRICT is currently reviewing Flood Control Permit FCCON- 2023-00121 for the PROJECT; and
WHEREAS, the increased PROJECT cost will not have any negative impact to the PROJECT schedule; and
WHEREAS, the PARTIES agree that increasing the PROJECT cost including contingency cost will have mutual benefit to all PARTIES; and
NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS:
1. The Fifth Recital of the AGREEMENT is hereby deleted and replaced with the following:
WHEREAS, the estimated PROJECT cost is Thirty-Four Million Seven Hundred and Fifty Thousand Dollars ($34,750,000) as shown on Exhibit A; and
2. The Seventh Recital of the AGREEMENT is hereby deleted and replaced with the following:
WHEREAS, the PARTIES agree that the DISTRICT will contribute to the total PROJECT costs by reimbursing ONTARIO 75% of the estimated PROJECT cost, in an amount not to exceed Twenty-Six Million and Sixty-Two Thousand and Five Hundred Dollars ($26,062,500), which includes contingency costs, as illustrated in Exhibits A and B; and
3. The Eighth Recital of the AGREEMENT is hereby deleted and replaced with the following:
WHEREAS, the PARTIES agree that CHINO and ONTARIO will share in the total PROJECT costs by contributing 25% of the estimated PROJECT cost, in the amount of Eight Million Six Hundred and Eighty-Seven Thousand and Five Hundred Dollars ($8,687,500), at the cost sharing ratio of 10% (CHINO) to 90% (ONTARIO), as illustrated in in Exhibit A; and
4. Section 2.1 of the AGREEMENT is hereby deleted and replaced with the following:
2.1 Pay to ONTARIO the amounts within the given Fiscal Year upon availability of funds as outlined in Exhibits A and B starting in Fiscal Year 202 3/2024 for DISTRICT’s share of the cost of the PROJECT. DISTRICT’s total funding participation under this AGREEMENT shall not exceed Twenty- Six Million and Sixty -Two Thousand and Five Hundred Dollars ($26,062,500) , which includes contingency costs, as illustrated in Exhibits A and B ., ONTARIO shall submit details of potential contingencies in writing and receive written approval from the DISTRICT prior to incurring any such costs. DISTRICT’s reimbursement payments, up to the maximum per fiscal year, will be made no more frequently than quarterly, pursuant to Section 1.16. ONTARIO and CHINO shall be responsible for and pay the total cost for the PROJECT and pre-approved contingencies in excess of DISTRICT’s share per the RATIO and as stipulated in this paragraph. DISTRICT’s financial obligations for payments for Fiscal Year 2024 /2025 and thereafter are subject to and limited by the DISTRICT’s Board of Supervisors budgetary and appropriation process.
5. Section 2.3 of the AGREEMENT is hereby deleted and replaced with the following:
2.3 Pay its share of PROJECT costs based on the RATIO as shown in Exhibit A; the DISTRICT’s share of funding for the PROJECT shall not exceed Twenty-Six Million and Sixty-Two Thousand and Five Hundred Dollars ($26,062,500), which includes contingency costs, as illustrated in Exhibits A and B.
6. Section 3.1 of the AGREEMENT is hereby deleted and replaced with the following:
3.1 Pay the amounts within the given Fiscal Year upon availability of funds as outlined in Exhibit B starting in Fiscal Year 2023 /2024 to ONTARIO for its share of the cost of the PROJECT . CHINO’s funding participation shall be a minimum of 2.5 percent (2.5%) towards the estimated PROJECT cost or $868,750, plus an additional amount of pre- approved project contingencies per the RATIO.
ONTARIO shall submit details of potential contingencies in writing and receive written approval from the DISTRICT and CHINO prior to incurring any such costs. CHINO’s reimbursement payments, up to the maximum per fiscal year, will be made no more frequently than quarterly, pursuant to Section
1.16. ONTARIO and CHINO shall be responsible for and pay the total cost for the PROJECT and pre- approved contingencies in excess of DISTRICT’s share per the RATIO and as stipulated in this Section 3.1. CHINO’s financial obligations for payments are subject to and limited by CHINO’s City Council’s budgetary and appropriation process.
7. Section 4.2 of the AGREEMENT is hereby deleted and replaced with the word, “Reserved.”
8. Section 4.10 of the AGREEMENT is hereby deleted and replaced with the following:
The PARTIES acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increase bid prices or change orders (but not unforeseen conditions or requested additional work by a PARTY which are addressed in Section 4.11 below) over the estimated total PROJECT cost shall be borne by each PARTY as provided in Exhibits A and B. Notwithstanding the foregoing, the DISTRICT’s share of the PROJECT shall not exceed Twenty-Six Million and Sixty-Two Thousand and Five Hundred Dollars ($26,062,500), which includes contingency costs, as illustrated in Exhibits A and B.
9. Exhibits A and B of the AGREEMENT are deleted and replaced with the attached Exhibits A and B.
10. Unless amended as set forth herein, all terms and conditions of the AGREEMENT shall remain unchanged and in full force and effect.
11. The PARTIES agree that this Amendment No. 1 may be executed in counterparts, each of which shall be deemed to be an original, but both of which together shall constitute one and the same instrument,
and that a photocopy or facsimile may serve as an original. If this Amendment No. 1 is executed in counterparts, no signatory hereto shall be bound until all PARTIES have fully executed a counterpart of this Amendment No. 1. The Parties shall be entitled to sign and transmit an electronic signature of this Amendment No. 1 (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment No . 1 upon request.
12. This Amendment No. 1 shall take effect on the date it is signed by the PARTIES.
[Signatures continued on next page]
IN WITNESS WHEREOF, this Amendment No. 1 has been fully executed on behalf of the DISTRICT , CHINO, and ONTARIO by their duly authorized officers, effective as of the last date hereunder written.
Approved as to Legal Form Attested by the CITY Clerk
______________________________________
The CITY Attorney
______________________________________
The CITY Clerk
Date Date
CITY OF ONTARIO
(Print or type name of corporation, company, contractor, etc.) By
(Authorized signature - sign in blue ink)
Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address
Approved as to Legal Form Attested by the CITY Clerk
______________________________________
The CITY Attorney
______________________________________
The CITY Clerk
Date Date
CITY OF CHINO
(Print or type name of corporation, company, contractor, etc.) By
(Authorized signature - sign in blue ink)
Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by District
Sophie A. Curtis, Deputy County Counsel Andy Silao, P.E. Noel Castillo, Chief Flood Control Engineer Date Date Date
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
Dawn Rowe, Chair, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell, Clerk of the Board
By
Deputy
AGREEMENT 21-89 – AMENDMENT NO. 1
EXHIBIT "A"
CITY OF ONTARIO & CITY OF CHINO DRAINAGE IMPROVEMENTS
SAN ANTONIO AVENUE STORM DRAIN - SAN ANTONIO AVENUE, RUNNING NORTHERLY FROM THE
SULTANA-CYPRESS STORM DRAIN IN CHINO TO PHILLIPS STREET AND EASTERLY ON PHILLIPS STREET
TO OAKLAND AVENUE IN ONTARIO
DESCRIPTION TOTAL COST OF
PROJECT
DISTRICT
SHARE*
CITY OF
ONTARIO SHARE
CITY OF CHINO
SHARE
SAN ANTONIO
AVENUE STORM
DRAIN
$34,750,000 $26,062,500 $7,818,750 $868,750
75% 25%
90% OF 25% 10% OF 25%
*IN THE EVENT THE TOTAL ACTUAL COST OF THE PROJECT IS LESS THAN $34,750,000, THE DISTRICT AND CITIES SHARE WILL BE 75% AND 25%, RESPECTIVELY.
*IN THE EVENT THE TOTAL ACTUAL COST OF THE PROJECT IS MORE THAN $34,750,000, THE CITY OF ONTARIO AND CITY OF CHINO SHARE IN EXCESS COSTS WILL BE 90% AND 10%, RESPECTIVELY, UNLESS A WRITTEN AMENDMENT TO AGREEMENT 21-89 IS APPROVED BY THE PARTIES.
AGREEMENT 21-89 – AMENDMENT NO. 1
EXHIBIT "B"
CITY OF ONTARIO & CITY OF CHINO DRAINAGE IMPROVEMENTS
SAN ANTONIO AVENUE STORM DRAIN - SAN ANTONIO AVENUE, RUNNING NORTHERLY FROM THE
SULTANA-CYPRESS STORM DRAIN IN CHINO TO PHILLIPS STREET AND EASTERLY ON PHILLIPS STREET
TO OAKLAND AVENUE IN ONTARIO
DISTRICT* PAYMENT SCHEDULE
Fiscal Year Maximum Payment Amount
(Includes contingency)
FY 23-24 $12,234, 680
FY 24-25 $13,827,820
TOTAL $26,062,500
*FY23/24 - FIRST REIMBURSEMENT PAYMENT TO BE MADE UPON FIRST QUARTERLY INVOICE RECEIVED PURSUANT TO SECTION 2.1.
*FY24/25 - LAST REIMBURSEMENT PAYMENT MADE PURSUANT TO SECTION 2.1. *THE DISTRICT RESERVES THE RIGHT TO UNILATERALLY AMEND THE REIMBURSEMENT SCHEDULE SHOULD ITS EXPECTED FUNDING NOT BE AVAILABLE.