FIFTH AMENDMENT TO THE SERVICES AGREEMENT
BETWEEN THE RIALTO UTILITY AUTHORITY AND
DOPUDJA AND WELLS CONSULTING
PARTIES AND DATE.
This Fifth Amendment to the Services Agreement (“Fifth Amendment”) is made and entered into this 13th day of August 2024, by and between the Rialto Utility Authority, a joint powers authority (“RUA”) and Dopudja and Wells Consulting, a California Corporation, (“Consultant”). RUA and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Fifth Amendment.
RECITALS.
Agreement. RUA and Consultant entered into that certain Services Agreement dated April 13, 2021, (“Agreement”), whereby Consultant agreed to provide services to the RUA related to engineering and as-needed support services.
Amendment. RUA and Consultant desire to amend the Agreement by this Fifth Amendment to include additional tasks for the project as set forth in “Exhibit A”, and to increase the total amount of compensation for the Agreement.
AMENDMENT.
Scope of Services. In addition to the Scope of Services set forth in the Agreement, Consultant shall perform the additional services included in this Fifth Amendment to the Agreement and described in “Exhibit A,” attached hereto and incorporated herein by this reference.
Payment Terms. Consultant shall be compensated for the additional services included in this Fifth Amendment in an amount not to exceed Eight Hundred Forty-Four Thousand, Four Hundred Sixty Dollars and Zero Cents ($844,460.00). The total compensation, including reimbursement for actual expenses, the RUA will pay Consultant pursuant to the Agreement as amended by the Fifth Amendment shall not exceed Three Million Three Hundred Sixty-Six Thousand, Four Hundred Thirty-Eight Dollars and Zero Cents ($3,366,438.00).
Time for Performance. The time to complete the additional services included in the Fifth Amendment shall begin immediately upon the RUA Council’s approval of the Fifth Amendment and shall be completed by the following dates:
Task 1:
Utility Manager support – December 31,2024
As-Needed support – June 30, 2025
Task 2:
Rialto Habitat Nature Center – June 30, 2025
MISCELLANEOUS TERMS.
Continuing Effect of Agreement. Except as amended by this Fifth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Fifth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fifth Amendment.
Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Fifth Amendment.
Counterparts. This Fifth Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
Conflict of Interest. Pursuant to Rialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the RUA or City of Rialto by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any RUA or City of Rialto elected or appointed official or employee, except as specifically disclosed to the RUA and the City of Rialto in writing.
Corporate Authority. The persons executing this Fifth Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Fifth Amendment on behalf of said party, (iii) by so executing this Fifth Amendment, such party is formally bound to the provisions of this Fifth Amendment and (iv) the entering into this Fifth Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS THEREOF, the parties have caused their authorized representative to execute this agreement the day and year first above written.
RIALTO UTILITY AUTHORITY,
a joint powers authority
DOPUDJA AND WELLS
CONSULTING, a California Corporation
By: By: _________________________________
Michael Milhiser, Interim Rialto Signature Utility Authority Executive Director ATTEST: Stephen Dopudja
By:
Barbara A. McGee, Rialto Utility Chief Executive Officer Authority Board Secretary Title APPROVED AS TO FORM:
By: ________________________________
Burke, Williams & Sorensen, LLP Signature
By: Jon Wells Eric S. Vail, Rialto Utility Name
Authority General Counsel
Chief Financial Officer Title
**Two signatures are required if a corporation**
EXHIBIT “A”
SCOPE OF SERVICES
TASK 1: AS-NEEDED SUPPORT SERVICES - $600,000
Additional Staffing Support Services during the on-going vacancy of the Utilities Manger position through December 31, 2024 - $350,000.
As-Needed Staffing Support Services Through June 30, 2025. - $250,000.
Advise on City/RUA’s utility operations and the Concession Agreement; Meeting Attendance, Coordination, and On-Going Staff Support; Review of Reports; and
Engineering Studies and Planning Support Services.
Specifically, Consultant shall provide those services as outlined in its proposal included on the following pages.
Task 2: Rialto Habitat Nature Center Supplemental Design Services - 244,460 The following tasks comprise the additional scope of work required to complete final design for the Rialto Habitat Nature Center Project:
Update Civil and Mechanical Plans
Final design for electrical , instrumentation and controls Lake flow routing, temperature, and water quality modeling Coordinate a preliminary outline of operation and maintenance plan with RWS/Veolia staff Regulatory agency support, permits, and operational agreements Project Management
Specifically, Consultant shall provide those services as outlined in its proposal included on the following pages.
Exhibit “B”
BILLING RATES SCHEDULE
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