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FIRST AMENDMENT TO AGREEMENT
FOR ASPHALT AND CONCRETE MAINTENANCE SERVICES
This First Amendment to the Agreement for Asphalt and Concrete Maintenance Services (“First Amendment”) is hereby entered in to this July 2, 2025 by and between the Hardy & Harper, Inc., a California corporation (“Contractor”) and the City of Rialto, municipal corporation and general law city (“CITY”), on the terms and conditions stated below. City and Contractor are hereinafter collectively referred to as the “Parties.”
RECITALS
A. The Parties entered into the Agreement dated April 22, 2025 (the “Agreement”).
B. The Parties mutually desire to amend the Agreement to clarify the process for on-call work including task orders.
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 Section 1.2 “Contractor Services” is hereby amended and restated in its entirety to read as follows with the added language identified with bold underlining:
“1.2 Contractor Services. Subject to the term s and conditions of this Agreement, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”), as requested by the City. When the City desires to utilize Contractor for the Scope of Services, the City will issue a Task Order, in a form that is substantially similar to Exhibit “D” [Task Order] that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Upon the issuance of a Task Order, that Task Order shall immediately be incorporated into this Agreement as part of Exhibit “A” (e.g., the first Task Order will be Exhibit “A-1”, the second Exhibit “A-2,” etc.). Each Task Order is made a part of this Agreement by this reference and encompassed within the Scope of Services of this Agreement.
Contractor agrees to furnish, for the compensation provided in the Task Order, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.”
1.2 The Exhibits are modified to include a new Exhibit “D” as is attached to this Amendment.
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GENERAL PROVISIONS.
1.3 Remainder Unchanged. Except as specifically m odified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the Parties.
1.4 Integration. This First Amendment consists of pages 1 through 2 with Exhibit D attached, which constitute the entire un derstanding and agreement of the parties and supersedes all negotiations or pr evious agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment.
1.5 Effective Date. This First Amendment shall not become effective until the date it has been formally approved a nd executed by the appropriate authorities of the CITY and Contractor.
1.6 Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
1.7 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 First Amendment.
IN WITNESS WHEREOF , the parties hereto have exec uted this First Amendment to the Agreement which shall be effective on the date and year first written above.
FOR THE CITY OF RIALTO FOR HARDY & HARPER, Inc.
____________________________ _____________________________ Tanya Williams, City Manager
Date: __________________
Michael Amundson
, Vice President
Date:_____________________
ATTEST:
____________________________ ______________________________ Barbara McGee, City Clerk
Date:___________________
Kristen Paulino
, Corporate Secretary
Date:_____________________
APPROVED AS TO FORM
Burke, Williams & Sorensen, LLP
____________________________
Eric S. Vail, City Attorney
Date:___________________
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EXHIBIT “D”
SAMPLE TASK ORDER
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TASK ORDER AUTHORIZATION
Contractor: Hardy & Harper Inc.
Professional Services Agreement for: Asphalt and Concrete Maintenance Services Dated: April 22, 2025
Task Order Reference No.: XXXXXX Task Order Date: XXXXXX Project Title: XXXXXX
Pursuant to the Terms and Conditions of the Agreement referenced above and incorporated into this Task Order, Consultant hereby agrees to perform the Professional Services described below.
Part A Scope of Services
Description of Scope of Services: XXXXXX.
Professional Services rendered under this Task Order shall be performed in accordance with Article 1 of the Agreement and as more fully described in the attached consultant proposal dated XXXXXX.
Part B Task Order Compensation
City shall pay Consultant for the Professional Services required by this Task Order in accordance with Article 2 of the Agreement.
The not to exceed cost for the Scope of Services for this Task Order is $XXXXXX.
Part C Schedule of Work
All Professional Services to be performed under this Task Order shall be completed by XXXXXX.
AUTHORIZED SIGNATURES
City of Rialto Authorized Representative
Contractor’s Authorized Representative
Signature Signature
Name (Printed): Name (Printed):
Title: Title:
Date: Date:
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