Item 5 - Extension of 2021-22 Street Overlay Project Contract for 2022-23 Street Overlay Project w Hazard Construction ENGR, LLCAvenida Florencia from Espola Road to Camino del Valle. This work has been coordinated with the
Zone 6 Street Maintenance Project.
In 2008, Development Services staff presented a multi-tiered and zoned approach to organize
maintenance efforts. Staff made a review of the street system and divided it up into eight relatively
equal parts, based on both geography and area of pavement. The defined zone approach keeps the
financial expenditure similar from year to year, sets reliable expectations for the residents, and
minimizes the area of interruption during construction activities.
The First Amendment to the contract is attached, however due to the length of the full contract, not
all referenced attachments are included. The complete contract is available for review with the
Development Services Department.
Environmental Review:
The proposed asphalt/concrete pavement rehabilitation of existing City streets with the Fiscal Year
2022-2023 Street Overlay project is Categorically Exempt from the California Environmental Quality
Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines,
in that the project involves maintenance of existing streets with no expansion of use.
Fiscal Impact:
There are sufficient funds in the Fiscal Year 2022-23 Street Overlay Project account (ST023) to award
the contract. This project is funded in full with TransNet Funds. TransNet funds are generated by a
half-cent sales tax approved by San Diego County voters to fund transportation projects in San Diego
County.
Public Notification:
None.
Attachments:
A. First Amendment to the Contract
Reviewed/Approved By:
11J2)J. L--------·---.,
WeniiJ Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Che,;;
City Manager
April 4, 2023, Item #5
FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF POWAY AND
HAZARD CONSTRUCTION ENGR, LLC
10529 Vine Street
Lakeside, CA 92040
This First Amendment to Contract (the "First Amendment") is made effective April 5,
2023, by and between the City of Poway, a municipal corporation (the "City") and
Hazard Construction ENGR, LLC, a California corporation (the "Contractor") to
extend the term of that certain City of Poway Unit Price Contract to the 2021-2022
Street Overlay Project dated May 18, 2022 (the "Contract").
RECITALS
A. The City and Contractor entered into the Contract for a term that began on
May 18, 2022, and which was originally to expire on June 27, 2022.
B. Under the conditions of the 2021-2022 Street Overlay Project Special Provisions,
Section 2-15, Contract Length, the parties by mutual consent, can extend the
agreement by up to two (2) one-year periods.
C. The parties now wish to extend the term of the Contract to June 30, 2023.
NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon,
the parties agree to amend the Contract as follows:
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1. For the period of June 28, 2022, through June 30, 2023, the title of the project
shall be changed from the "2021-2022 STREET OVERLAY PROJECT" to the
"2022-2023 STREET OVERLAY PROJECT," (the "2022-2023 Project").
Except for work to cure any defaults in work performed under the Contract
during its initial term, all work to be performed between the effective date and
expiration date of this Contract extension shall be for the 2022-2023 Project.
2. The Construction Contract for the 2022-2023 Project, attached to this
Extension as Attachment 1, shall apply to all work performed for the 2022-
2023 Project.
3. The Bonds for Material and Labor and for Faithful Performance, attached to
this Extension as Attachments 2 and 3, respectively, shall apply to all work
performed for the 2022-2023 Project.
4. The Guara,nty for the 2022-2023 Project, attached to this Extension as
Attachment 4, shall apply to all work performed for the 2022-2023 Project.
5. The Worker's Compensation Insurance Certificate dated _____ ,
attached to this Extension as 'Attachment 5, shall apply to all work performed
for the 2022-2023 Project.
6. The Unit Price Proposal for the 2022-2023 Project, together with the Bid
Schedule, collectively attached to this Extension as Attachment 6, shall apply
to all work performed for the 2022-2023 Project.
ATTACHMENT A April 4, 2023, Item #5
First Amendment
Hazard Construction ENGR, LLC
Page 2
7. The List of Subcontractors for the 2022-2023 Project, attached to this
Extension as Attachment 7, shall apply to all work performed for the 2022-
2023 Project.
8. The Worker Classifications for the 2022-2023 Project, attached to this
Extension as Attachment 8, shall apply to all work performed for the 2022-
2023 Project.
9. The Non-Collusion Affidavit for the 2022-2023 Project, attached to this
Extension as Attachment 9, shall apply to all work performed for the 2022-
2023 Project.
10. The Asphalt Quantity Table for the 2022-2023 Project, attached to this
Extension as Attachment 10, shall apply to all work performed for the 2022-
2023 Project.
11. The Addendum to Section 7.4, Vicinity Maps, and Construction Details for the
2022-2023 Project, attached to this Extension as Attachment 11 , shall apply
to all work performed for the 2022-2023 Project.
Except as otherwise expressly provided above, all the provisions of the Contract
between the City of Poway and Hazard Construction ENGR, LLC, effective April 5,
2023, as extended by the second amendment, shall remain in full force and effect.
IN WITNESS WHEREOF the parties have caused the Contract to be executed as
follows:
BY:
BY:
ATTEST:
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____________ DATED ________ _
Jason A. Mordhorst
President
Hazard Construction ENGR, LLC
__________ DATED _______ _
Chris Hazeltine
City Manager
City of Poway
Carrie Gallagher
City Clerk
City of Poway
DATED ---------
April 4, 2023, Item #5