SECOND AMENDMENT TO SERVICES AGREEMENT
BETWEEN THE RIALTO UTILITY AUTHORITY AND
DOPUDJA AND WELLS
This Second Amendment to the Services Agreement (“Second Amendment”) is hereby entered into this 13th day of December 2022 by and between the Dopudja and Wells Consulting, a California Corporation (“Consultant”), and the Rialto Utility Authority, a joint powers authority (“RUA”), on the terms and conditions stated below. RUA and Consultant are hereinafter collectively referred to as the “Parties.”
RECITALS
The Parties entered into the Services Agreement for engineering and as-needed support services on the 13th of April 2021 (the “Agreement”).
A First Amendment was executed on the 8th of February 2022.
The Parties mutually desire to amend the Agreement to provide additional compensation for an increased level of assistance and as-needed support services to RUA and for providing the Final Design services of Lake Rialto Project.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises set forth herein, the Parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows:
AMENDMENT. The Agreement is hereby modified and amended as follows:
Exhibit A is hereby amended to include the new scope of work for As-Needed Support and the Final Design of Lake Rialto Project:
Scope of Work
The following tasks comprise the scope of work required for the respective projects outlined above.
Task 1. As-Needed Support
Sub-Task 1.1 Meeting Attendance, Coordination and On-Going Staff Support Dopudja & Wells will provide as-needed staff support, assistance, and any attendance at the following meetings, when requested:
Meetings for Facility/Capital Improvement Plans and Operations City Staff Meetings
City Council Meetings
Water Subcommittee Meetings
Utility Commission Meetings
Miscellaneous/Other meetings at the request of the City This effort will be charged on a time and materials hourly basis, with support to be utilized at the request of the City. Any non-utilized support will not be billed to the City.
Sub-Task 1.2 Review Reports and Statements
Dopudja & Wells may be requested to provide supplemental assistance with the review of various reports and projected budgets, as needed. Reports may include, but would not be limited to, the following:
Monthly and Annual Operations & Maintenance and Customer Service Reports Electrical Settlement Statements
Quarterly Asset Management Reports to Verify conformance with the Concession Agreement Schedules A.6.3 and B.6.3 Annual Wastewater Chemical Settlement Statement to verify conformance with the Concession Agreement Article VIII, Section 8.13, Part a.
Annual Water Chemical Settlement Statement to verify conformance with the Concession Agreement Article XIV, Section 14.13, Part a.
Sub-Task 1.3 Engineering Studies and Planning Support Services Upon request of the City Manager, Deputy City Manager or the Utilities Manager, Dopudja & Wells will conduct miscellaneous engineering studies for the City. Potential subjects include, but are not limited to, on-going hydraulic modeling, load analysis of the City’s water distribution and wastewater collection systems.
Task 1.1, 1.2 and 1.3 Deliverables: Miscellaneous reports, memoranda and documents, as required.
Sub-Task 1.4 Triennial Inspection Support Services
agreeable to using an alternate consultant for scheduling purposes, but has requested Dopudja & Wells to provide some oversight of the process and findings. Our team will shadow Arup staff and review materials provided to Arup from RWS/Veolia. We will evaluate the draft report for consistency with observations of backup materials and site visits. Task 1.4 Deliverables: Review of Triennial Inspection.
Task 2. Lake Rialto Supplemental Survey and Geotechnical Services During the final design phase of Lake Rialto, it has become necessary to perform additional surveying and geotechnical services. The additional surveying will occur in three areas. The first is to survey the invert and top of the pipe of the effluent discharge pipeline to the Rialto Channel. The City does not have the record plans and this information is necessary to design the diversion structure. The second area is the empty lot north of the wastewater treatment plant and the access road along the Rialto Channel. This second area may become necessary if additional parking and access is necessary. This consideration came from comments from the City’s Public Works department, during the project review. If this option does not become necessary, the work will not be performed.
Some additional effort is also required to the Base Geotechnical Engineering. From the preliminary design phase through now, additional field effort was required due to necessary grading modifications to the bottom and south side of Lake Rialto. This additional effort is reflected in the current grading plans.
Task 2 Deliverables: Supplemental survey files and data. Updated Geotechnical Report.
Exhibit “C” is hereby amended as follows:
Section I is hereby amended to provide additional compensation for an increased level of assistance and as-needed support services to RUA in the amount of $200,000 and additional compensation for the Final Design services for Lake Rialto Project in the amount of $35,150 as shown in Table 1 below:
Table 1 - Fees for Services
Task
Description
Amount ($)
1 As-Needed Support
$200,000
2 Lake Rialto Supplemental Survey and Geotechnical Services $35,150
Reimbursables, mileage, travel, etc.
$2,333
Total
$237,483
Section IV is hereby amended and restated in its entirety to read as follows:
“Subject to any limitations set forth in this Agreement, RUA agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C-1” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Million, Four Hundred and Forty-One Thousand, Three Hundred and Forty-Seven Dollars and Zero Cents ($1,441,347.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.” GENERAL PROVISIONS.
Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.
Integration. This Second Amendment consists of pages 1 through 9 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment.
Effective Date. This Second Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the RUA and Dopudja and Wells.
Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment.
References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. [SIGNATURES ON FOLLOWING PAGE]
FOR THE RIALTO UTILITY AUTHORITY,
a Municipal Corporation FOR Dopudja & Wells
____________________________ _____________________________ Marcus Fuller, Rialto Utility Authority Name: Stephen Dopudja Executive Director
Date: __________________ Title: Chief Executive Officer Date:_____________________
ATTEST:
____________________________ ______________________________ Barbara McGee, Rialto Utility Authority Name: Jon Wells Board Secretary
Date:___________________ Title: Chief Financial Officer Date:_____________________
APPROVED AS TO FORM
Burke, Williams & Sorensen, LLP
____________________________
Eric S. Vail, Rialto Utility Authority
General Counsel
Date:___________________
RIV #4826-2789-2216 v1
Exhibit “C-1”
Billing Rates Schedule
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