SIXTH AMENDMENT TO THE SERVICES AGREEMENT BETWEEN THE RIALTO UTILITY AUTHORITY AND DOPUDJA AND WELLS CONSULTING 1. PARTIES AND DATE. This Sixth Amendment to the Services Agreement this 25th day of March 2025, by and between the Rialto Utility Authority, a joint powers authority , Consultant are someSixth Amendment. 2. RECITALS. 2.1 Agreement. RUA and Consultant entered into that certain Services Agreement dated April 13, 2021, (Agreement), whereby Consultant agreed to provide services to the UA related to engineering and as-needed support services. 2.2 Amendment. RUA and Consultant desire to amend the Agreement by this Sixth Amendment to include additional tasks for the project as set forth in and to increase the total amount of compensation for the Agreement. 3. TERMS. 3.1 Scope of Services. In addition to the Scope of Services set forth in the Agreement, Consultant shall perform the additional services included in this Sixth Amendment to the Agreement and described in attached hereto and incorporated herein by this reference.
3.2 Payment Terms. Consultant shall be compensated for the additional services included in this Sixth Amendment in an amount not to exceed Nine Hundred Ninety-Three Thousand Once Hundred Twenty-Five Dollars and Zero Cents ($993,125.00). The total compensation, including reimbursement for actual expenses, the RUA will pay Consultant pursuant to the Agreement as amended by the Sixth Amendment shall not exceed Four Million Three Hundred Fifty-Nine Thousand Five Hundred Sixty-Three Dollars and Zero Cents ($4,359,563.00). 3.3 Time for Performance. The time to complete the additional services included in the Sixth Amendment shall begin immediately upon the RUA Board approval of the Sixth Amendment and shall be completed by the following dates: Task 1: Additional Interim Staffing Related to the Utility Department 6 months Task 2: As-Needed and Concession Agreement Oversight Support 12 months Task 3: IEUA Effluent Assistance Phase 2 Support Per IEUA Schedule Task 4: Wildfire Preparedness and Water Quality Addendum to the Water Master Plan 6 months Task 5: Project Management and Administration-12 months 3.5 Continuing Effect of Agreement. Except as amended by this Sixth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Sixth Amendment, whenever the term Agreement appears in the Agreement, it shall mean the Agreement as amended by this Sixth Amendment. 3.6 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 Sixth Amendment. 3.7 Counterparts. This Sixth 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. 3.8 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 City 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 City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
3.9 Corporate Authority. The persons executing this Sixth 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 Sixth Amendment on behalf of said party, (iii) by so executing this Sixth Amendment, such party is formally bound to the provisions of this Sixth Amendment and (iv) the entering into this Sixth 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 Sixth above written. RIALTO UTILITY AUTHORITY, DOPUDJA AND WELLS CONSULTING, a joint powers authority a California Corporation By: By: Tanya Williams Signature Executive Director Stephen Dopudja Printed Name Attest: Chief Executive Officer Title By: Barbara McGee Board Secretary By: Signature Approved as to Form: Jon Wells Printed Name Burke, Williams & Sorensen, LLP Chief Executive Officer Title By: Eric S. Vail **Two signatures are required if a General Counsel corporation**
EXHIBITSCOPE OF SERVICES
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