THIRD AMENDMENT TO SERVICES AGREEMENT BETWEEN THE RIALTO UTILITY AUTHORITY AND DOPUDJA AND WELLS This Third entered into this 12th day of September 2023 by and between the Dopudja and Wells Consulting, ority RECITALS A. The Parties entered into the Services Agreement for engineering and as-needed support services on the 13th of A B. A First Amendment was executed on the 8th of February 2022, and a Second Amendment executed on the 13th of September the same year. C. The Parties mutually desire to amend the Agreement to provide additional support for as-needed consulting, development of a Water Supply Assessment (WSA) for the Foothill Specific Plan Update, and additional design services for the Rialto Habitat and Nature OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises set forth herein, the Parties do hereby enter into this Third 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, the Water Supply Assessment, and the Final Design of RHNC: Scope of Work The following tasks comprise the scope of work required for the respective projects outlined above. Task 1: As-Needed Support - $200,000 Meeting Attendance, Coordination and On-Going Staff Support, Review of Reports and Statements, Engineering Studies and Planning Support Services, and Triennial Inspection Support Services. 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.
Task 2: Development of a Water Supply Assessment for the Foothill Central Specific Plan - $66,470 City staff requested that Dopudja Wells Consulting develop a Water Supply Assessment (WSA) in accordance with Senate Bill 610 (SB 610) and related provisions of the California Environmental Quality Act for the Rialto Foothill Central Specific Plan Update. The services to develop this WSA will consist of: Identify Existing and Future Water Supplies for the proposed Specific Plan Update, Establish Current and Determine Future Water Demands, Perform Water Supply Analysis, Develop a Water Supply Assessment Report for the Specific Plan Update, and Project Control. Task 3. Rialto Habitat Nature Center Supplemental Design Services $488,411 Below is a list of additional tasks required to complete the design of the Rialto habitat nature Center. Addition of a soil retention wall to create space for a community center building and construction of the proposed IEUA recycled water pump station. A portion of this revision will be reimbursed by IEUA to accommodate their pump station facility. Plan additions for the proposed community center building, IEUA recycled water pump station, and Southern California Edison site access conditions. Including additional design services associated with geotechnical, site improvements, planting and irrigation plans. A portion of this revision will be reimbursed by IEUA to accommodate their pump station facility. Perform additional survey and topographical services as necessary for the proposed plan additions. A portion of this revision will be reimbursed by IEUA to accommodate their pump station facility. Additional design services to create accessible public parking from Agua Mansa complying with the Americans with Disabilities Act (ADA). Include an optional task to develop plans for accessible public parking from Santa Ana Avenue. Refer to Task 2 for additional information. Prepare a hydrology study to quantify estimated runoff into the Wastewater Treatment Plant (WWTP) and associated project area. Using findings from the hydrology study, prepare a Preliminary Design Report (PDR) to identify recommended upgrades to the two existing onsite stormwater pump stations. Update the preliminary design for the proposed Lake Rialto discharge pump station and update site improvement plans based on the proposed recommendations. Due to the increased number of anticipated operational scenarios for the operations of the lake (normal, draining, storm events, pulse flows, etc.), the proposed package pump station will have more complex operational circumstances than originally anticipated. An updated preliminary design is required to address these scenarios. Additionally, the original location of the proposed package pump station, near the Rialto channel poses hydraulic challenges, due to the elevation compared to the water surface elevation of the wetland. The revised preliminary design will cover the updated hydraulics and relocation of the pump station. Final specification and design of the package pump station will follow. Additional design services to construct three groundwater monitoring wells as recommended by the geotechnical exploration and review report, January 16, 2023. The proposed wells will monitor surrounding groundwater elevation near the eastern basin to actively manage against any slope stability issues.
Additional project management. Exhibit 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, development of a Water Supply Assessment (WSA) for the Foothill Specific Plan Update in the amount of $66,470, and additional design services for the Rialto Habitat and Nature Center in the amount of $488,411 as shown in Table 1 below: Table 1 - Fees for Services Task Description Amount ($) 1 As-Needed Support $200,000 2 Water Supply Assessment (WSA) $66,470 3 Rialto Habitat and Nature Center additional design services $488,411 Total $754,881 Article 2.1 is hereby amended and restated in its entirety to read as follows: -herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Million, One Hundred and Ninety-Six Thousand, Two Hundred and Twenty-Eight Dollars and Zero Cents ($2,196,228.00) (the unless additional compensation is approved pursuant 1. GENERAL PROVISIONS. 1.1 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. 1.2 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. 1.3 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. 1.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 1.5 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 ____________________________ _____________________________ Henry Garcia, 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 - Billing Rates Schedule
6 CITY OF RIALTODISCLOSURES REQUIRED BY PERSONS OR ENTITIES CONTRACTING WITH THE CITY OF RIALTO*Pursuant to City of Rialto Municipal Code Section 2.48.510, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity.A financial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.A non-financial interest shall mean any interest that is prohibited by City of Rialto Municipal Code Section 2.48.450.For the purpose of helping the City understand whether City personnel might have a conflict of interest in you or your organization, please disclose below whether you or any of your members, employees, paid or unpaid officers, paid or unpaid directors, or owners are (or are related to) a City elected or appointed official, a City officer, or a City employee or consultant.Affected Member, Employee, Paid or Unpaid Officer, Paid orUnpaid Director, or OwnerName of City Elected or Appointed Official, City Officer, a City Employee orConsultantRelationship Between the TwoNoneNoneNoneBy submitting this [application/proposal], or supplying any goods or services to the City, the [applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf of the entity [submitting this application/proposal or supplying any goods or services to the City] that no City of Rialto elected or appointed official, employee or consultant has a financial or non-financial interest, as such terms are defined in California Government Code Sections 1090 and 87100 and in City of Rialto Code of Ordinances Section 2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.Name of Person/Entity:Dopudja & Wells, Consulting, Inc.Title:Stephen Dopudja, PresidentSignature: Date:11/28/22Form Date 11/11/2021
2.48.450 Employee conflict of interest.(1) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest. (2) For purposes of this section, the following definitions shall apply: (a) A includes any person who holds an elected or appointed City office, a City officer, a City employee, and any person who is a consultant to the City. (b) A includes, but is not limited to, those decisions where: (i) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient; (ii) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient; (iii) A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient. (c) includes the status of a member, employee, owner, paid or unpaid officer of, paid or unpaid leadership position in, or had an ownership interest in, a grant or contract recipient. (d) A includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e) contract; negotiating, voting on, approving, or executing a grant or contract; discussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract. (3) This prohibition shall not apply to a contract let by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid. (4) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and he contract or grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The (5) The prohibitions in this section are in addition to any applicable federal or state conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq. (6) Any person who violates this section is subject to the following:(a) Public censure;(b) If the conflict of interest was in the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline; (c) If the conflict of interest was in the making of a grant, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline; (d) An administrative fine pursuant to Chapter 1.10 of this code. (7) The discipline specified herein may be imposed: (a) By the City Manager in the case of any employee or consultant who violates this section. (b) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.
1 FIRST AMENDMENT TO SERVICES AGREEMENT BETWEEN THE RIALTO UTILITY AUTHORITY AND DOPUDJA AND WELLSThis First Amendment to the Services Agreement entered into this 8th day of February 2022 by and between the Dopudja and Wells Consulting, a California Corporation Consultant, and the Rialto Utility Authority, a joint on the terms and conditions stated below. RUA and Consultant are hereinafter collectiv. RECITALS A. The Parties entered into the Services Agreement for engineering and as-needed support services on the 13th of April 2021 . B. 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 First Amendment which modifies and amends the Agreement as follows: AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 Exhibit A is hereby amended to include the new scope of work for 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: Civil and Mechanical Construction Plans Dopudja & Wells will prepare 90%, 100% and final stamped and signed plans for the LRP, based on the attached Figure 1. We will also prepare a construction cost estimate that will be provided with each of the submittals. The anticipated drawings are as follows: G01 Title Sheet with Location Map and Index of Drawings G02 Abbreviations, General Notes, Legend and Survey Control C01 to C03 Grading Sheets at a scale of 1 inch 40 feet C04 to C05 Grading Details and Cross Sections C06 to C08 Pipeline Plan and Profile Sheets 2 C09 to C11 Civil Details and Structures M01 to M03 Pump Station Mechanical and Electrical Plans M04 Pump Station Details E1 to E6 - Electrical Plans and Details I1 to I2 Instrumentation Plans The discharge Pump Station plans are proposed to be a package type pump station. Because the City is negotiating a full summer diversion pump station with IEUA, the timing of the permanent pump station versus completion of the LRP is yet undetermined. A tentative evaluation appears to indicate the completion of the LRP could coincide to the IEUA pump station. In the event the LRP is completed prior to the IEUA summer diversion pump station, we are proposing a package pump station that would allow the LRP to open sooner. To avoid the potential for duplicative pump station designs, and to save unnecessary design expense, Dopudja & Wells is proposing a 65% design of the package pump station for CEQA evaluation of the project. If the LRP and IEUA schedules coincide, this pump station design effort would be paused to save the City on design fees. Due to the lower elevations of the LRP, a restroom facility would require a sewage pump to remove waste. The anticipated length and volume of the sewage force main would likely result in significant maintenance and potential failure due to clogging. As part of our design, we will explore alternative restroom facilities such as a portable/trailer mount facility wvactor truck. Task 1 Deliverables: 90%, 100% and final stamped/signed plans. No PLC or HMI are anticipated for pump station control. No standby generator is anticipated. Power will be provided from the WWTP. Major modifications to MCCs are not anticipated, Existing WWTP PLC is anticipated to monitor alarm status. Is anticipated the City will prepare, submit, and obtain the necessary permits. Dopudja & Wells has budgeted some as-need assistance to support the City in this effort. Task 2: Offsite Surveying and Street Parking Plans Wilson Mikami will assist Dopudja & Wells in preparing the offsite parking plans. For purposes of this proposal, we are utilizing the Agua Mansa (Alternative #3) concept, 3 attached as Figure 2. Because the original onsite surveying did not cover Agua Mansa, some additional surveying is included to cover this area. We anticipate parking will occur west of the Rialto Channel, on the north side of Agua MansaRoad. Our team will prepare 90%, 100% and final stamped and signed plans for the LRP. We will also prepare a cost estimate that will be provided with each of the submittals. The anticipated drawings for this task are as follows: P01 to P02 Street Parking Plans P03 Miscellaneous Parking Details Task 2 Deliverables: 90%, 100% and final stamped/signed plans. Is anticipated the City will prepare, submit, and obtain the necessary permits. Dopudja & Wells has budgeted some as-need assistance to support the City in this effort. Task 3: Landscaping and Irrigation Plans Buck and Associates will assist Dopudja & Wells in preparing the Plant Palettes, Planting and Irrigation Plans. Our team will prepare 90%, 100% and final stamped and signed plans for the LRP. As part of our scope of work, we will coordinate with local nurseries so the City can contract grow the required vegetation, prior to planting at the LRP. We will also prepare a cost estimate that will be provided with each of the submittals. The anticipated drawings for this task are as follows: L01 to L03 Landscape Planting Plans L04 Plant Palette, Quantities and Notes L04 Irrigation Plans Task 3 Deliverables: 90%, 100% and final stamped/signed plans. Is anticipated the City will prepare, submit, and obtain the necessary permits. Dopudja & Wells has budgeted some as-need assistance to support the City in this effort. Task 4: Hydrology/Hydraulics Report Dopudja & Wells team members will prepare a Hydrology/Hydraulics Report in conformance with City standards to support the design of the grading and drainage improvements associated with the project. Our team will prepare hydraulic calculations for the inlet pipeline and lake level control structures. The Hydrology/Hydraulic Study will address the existing and ultimate site condition to 4 assure that proposed drainage improvements are compatible with the existing and ultimate development of the site. The Hydrology/Hydraulic Study will be submitted for review as part of the Grading and Improvement Plan submittal.Task 4 Deliverables: 90%, 100% and final Hydrology/Hydraulics Report. Is anticipated the City will prepare, submit, and obtain the necessary permits. Dopudja & Wells has budgeted some as-need assistance to support the City in this effort. Task 5: Storm Water Pollution Prevention Plan (SWPPP) Dopudja & Wells team members will prepare a SWPPP in conformance with the State Water Resource Control Board and City of Rialto requirements. The SWPPP will be prepared prior to commencement of grading and will include sampling and analysis procedures as well as other recent modifications to the general construction storm water permit. Task 5 Deliverables: Final SWPPP. Is anticipated the City will prepare, submit, and obtain the necessary permits. Dopudja & Wells has budgeted some as-need assistance to support the City in this effort. Task 6: Technical Specifications Dopudja & Wells team members will prepare draft and final specification document for bidding and construction of the LRP. The Technical Specifications will be will be provided by the City and be consistent with City procurement standards. We anticipate the City will rocurement process. Task 6 Deliverables: 90%, 100% and final stamped/signed Technical Specifications. Is anticipated the City will prepare, submit, and obtain the necessary permits. Dopudja & Wells has budgeted some as-need assistance to support the City in this effort. 5 Task 7: Construction Period Engineering Services Dopudja & Wells team members will provide construction phase engineering support services. These include: Review and respond to up to six Request for Information Review and respond to up to six Submittals Review and respond to up to two Contract Change Orders Attend up to eight construction meetings Geotechnical Engineering assistance during the construction period (up to 40 hours) Landscaping and irrigation system assistance during the construction period (up to 40 hours) Task 7 Deliverables: Miscellaneous response to Requests for Information, Submittals and Contract Change Orders. Task 8: Project Management Dopudja & Wells and our team members will provide overall project management to ensure the project remains on budget and schedule. Task 8 Assumptions: City will be responsible for preparing, submitting, obtaining and associated cost for the necessary permits. A total of 40 hours of as-needed assistance has been budgeted. 1.2 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 as shown in Table 1 below in the amount of $517,864:
6 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 specif-1The total compensation, including reimbursement for actual expenses, shall not exceed One Million, Two Hundred and Three Thousand, Eight Hundred and Sixty-Four Dollars and Zero Cents ($1,203,864.00) (the Section 1.9. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This First 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 First Amendment. 2.3 Effective Date. This First 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. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same 7 meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. [SIGNATURES ON FOLLOWING PAGE] 8 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
9 Exhibit -1 Billing Rates Schedule
SECOND AMENDMENT TO SERVICES AGREEMENT BETWEEN THE RIALTO UTILITY AUTHORITY AND DOPUDJA AND WELLS This Second Amendment to the Services Agreement Second 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 on the terms and conditions stated below. RUA and Consultant are hereinafter collectiv. RECITALS A. The Parties entered into the Services Agreement for engineering and as-needed support services on the 13th of April 2021 . B. A First Amendment was executed on the 8th of February 2022. C. 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 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. 3 Task 2. Lake Rialto Supplemental Survey and Geotechnical ServicesDuring 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 commentPublic 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 specifhedule of -1herein 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 4 Section 1.9.1. GENERAL PROVISIONS. 1.1 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. 1.2 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. 1.3 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. 1.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 1.5 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] 5 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
6 Exhibit -1 Billing Rates Schedule
CITY OF RIALTODISCLOSURES REQUIRED BY PERSONS OR ENTITIESCONTRACTING WITH THE CITY OF RIALTO*Pursuant to City of Rialto Municipal Code Section 2.48.510, all persons or business entities supplyingany goods or services to the city, or seeking a loan or grant awarded by the city, whether through anapplication or proposal, shall disclose in such application or proposal whether any city officer, employee,or consultant may have a financial or non-financial interest in the person or business entity, or in anymember, employee, owner, or officer of the business entity.A financial interest shall mean any interest that is prohibited under state law, including CaliforniaGovernment Code Sections 1090 and 87100, and California Code of Regulation Section 18700etseq.A non-financial interest shall mean any interest that is prohibited by City of Rialto Municipal CodeSection 2.48.450.For the purpose of helping the City understand whether City personnel might have a conflict of interestin you or your organization, please disclose below whether you or any of your members, employees,paid or unpaid officers, paid or unpaid directors, or owners are (or are related to) a City elected orappointed official, a City officer, or a City employee or consultant.Name of YourAffected Member, Employee,Paid or Unpaid Officer, Paid orUnpaid Director, or OwnerName of City Elected orAppointed Official, City Officer, a City Employee orConsultantRelationship Between theTwoBy submitting this [application/proposal], or supplying any goods or services to the City, the[applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf ofthe entity [submitting this application/proposal or supplying any goods or services to the City] that no City of Rialtoelected or appointed official, employee or consultant has a financial or non-financial interest, as such terms aredefined in California Government Code Sections 1090 and 87100 and in City of Rialto Code of Ordinances Section2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.Name of Person/Entity: Title: Signature: Date: Form Date 11/11/2021 11/28/22Stephen Dopudja, PresidentDopudja & Wells, Consulting, Inc.NoneNoneNone
2.48.450 Employee conflict of interest.(1) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest. (2) For purposes of this section, the following definitions shall apply: (a) a City employee, and any person who is a consultant to the City. (b) (i) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient; (ii) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient; (iii)A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient. (c) leadership position in, or had an ownership interest in, a grant or contract recipient. (d) parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e) contract; negotiating, voting on, approving, or executing a grant or contract; discussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract. (3) This prohibition shall not apply to a contract let by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid. (4) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The (5) The prohibitions in this section are in addition to any applicable federal or state conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq. (6) Any person who violates this section is subject to the following:(a) Public censure;(b) If the conflict of interest was in the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline; (c) If the conflict of interest was in the making of a grant, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline; (d) An administrative fine pursuant to Chapter 1.10 of this code. (7) The discipline specified herein may be imposed: (a) By the City Manager in the case of any employee or consultant who violates this section. (b) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.
CITY OF RIALTODISCLOSURES REQUIRED BY PERSONS OR ENTITIESCONTRACTING WITH THE CITY OF RIALTO*Pursuant to City of Rialto Municipal Code Section 2.48.510, all persons or business entities supplyingany goods or services to the city, or seeking a loan or grant awarded by the city, whether through anapplication or proposal, shall disclose in such application or proposal whether any city officer, employee,or consultant may have a financial or non-financial interest in the person or business entity, or in anymember, employee, owner, or officer of the business entity.A financial interest shall mean any interest that is prohibited under state law, including CaliforniaGovernment Code Sections 1090 and 87100, and California Code of Regulation Section 18700etseq.A non-financial interest shall mean any interest that is prohibited by City of Rialto Municipal CodeSection 2.48.450.For the purpose of helping the City understand whether City personnel might have a conflict of interestin you or your organization, please disclose below whether you or any of your members, employees,paid or unpaid officers, paid or unpaid directors, or owners are (or are related to) a City elected orappointed official, a City officer, or a City employee or consultant.Name of YourAffected Member, Employee,Paid or Unpaid Officer, Paid orUnpaid Director, or OwnerName of City Elected orAppointed Official, City Officer, a City Employee orConsultantRelationship Between theTwoBy submitting this [application/proposal], or supplying any goods or services to the City, the[applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf ofthe entity [submitting this application/proposal or supplying any goods or services to the City] that no City of Rialtoelected or appointed official, employee or consultant has a financial or non-financial interest, as such terms aredefined in California Government Code Sections 1090 and 87100 and in City of Rialto Code of Ordinances Section2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.Name of Person/Entity: Title: Signature: Date: Form Date 11/11/2021 11/28/22Stephen Dopudja, PresidentDopudja & Wells, Consulting, Inc.NoneNoneNone
2.48.450 Employee conflict of interest.(1) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest. (2) For purposes of this section, the following definitions shall apply: (a) a City employee, and any person who is a consultant to the City. (b) (i) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient; (ii) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient; (iii)A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient. (c) leadership position in, or had an ownership interest in, a grant or contract recipient. (d) parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e) contract; negotiating, voting on, approving, or executing a grant or contract; discussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract. (3) This prohibition shall not apply to a contract let by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid. (4) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The (5) The prohibitions in this section are in addition to any applicable federal or state conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq. (6) Any person who violates this section is subject to the following:(a) Public censure;(b) If the conflict of interest was in the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline; (c) If the conflict of interest was in the making of a grant, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline; (d) An administrative fine pursuant to Chapter 1.10 of this code. (7) The discipline specified herein may be imposed: (a) By the City Manager in the case of any employee or consultant who violates this section. (b) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.