Item 4 - Ext. of 22-23 Street Maintenance Project Contract w American Asphalt South, Inc Bid #22-013 & Determination Project is Categorically Exempt from CEQAFIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF POWAY AND
AMERICAN ASPHALT SOUTH, INC.
P.O. BOX 310036
FONTANA, CA 92331
This First Amendment to Contract (the "First Amendment") is made effective June
14, 2023, by and between the City of Poway, a municipal corporation (the "City") and
American Asphalt South, Inc. (the "Contractor") to extend the term of that certain City
of Poway Unit Price Contract to the 2022-2023 Street Maintenance Project dated
June 22, 2022 (the "Contract").
RECITALS
A. The City and Contractor entered into the Contract for a term that began on
June 22, 2022, and which was originally to expire on June 21, 2023.
B. Under the conditions of the 2022-2023 Street Maintenance 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, 2024.
NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon,
the parties agree to amend the Contract as follows:
3 of 4
1. For the period of June 14, 2023, through June 30, 2024, the title of the project
shall be changed from the "2022-2023 STREET MAINTENANCE PROJECT"
to the "2023-2024 STREET MAINTENANCE PROJECT," (the "2023-2024
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 2023-2024
Project.
2. The Construction Contract for the 2023-2024 Project, attached to this
Extension as Attachment 1, shall apply to all work performed for the 2023-
2024 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 2023-2024 Project.
4. The Guaranty for the 2023-2024 Project, attached to this Extension as
Attachment 4, shall apply to all work performed for the 2023-2024 Project.
5. The Worker's Compensation Insurance Certificate dated _____ ,
attached to this Extension as Attachment 5, shall apply to all work performed
for the 2023-2024 Project.
6. The Unit Price Proposal for the 2023-2024 Project, together with the Bid
Schedule, collectively attached to this Extension as Attachment 6, shall apply
to all work performed for the 2023-2024 Project.
ATTACHMENT A June 13, 2023, Item #4
First Amendment
American Asphalt South, Inc.
Page 2
7. The List of Subcontractors for the 2023-2024 Project, attached to this
Extension as Attachment 7, shall apply to all work performed for the 2023-
2024 Project.
8. The Worker Classifications for the 2023-2024 Project, attached to this
Extension as Attachment 8, shall apply to all work performed for the 2023-
2024 Project.
9. The Non-Collusion Affidavit for the 2023-2024 Project, attached to this
Extension as Attachment 9, shall apply to all work performed for the 2023-
2024 Project.
10. The Street List, Vicinity Map, and Trash Collection Route Map or the 2023-
2024 Project, attached to this Extension as Attachment 10, shall apply to all
work performed for the 2023-2024 Project.
11. The Addendum to Section 4-4 and 7-5 attached to this Extension as
Attachment 11, shall apply to all work performed for the 2023-2024 Project.
Except as otherwise expressly provided above, all the provisions of the Contract
between the City of Poway and American Asphalt South, Inc., effective June 14, 2023,
as extended by the first amendment, shall remain in full force and effect.
IN WITNESS WHEREOF the parties have caused the Contract to be executed as
follows:
BY: DATED
Jeff Petty
President
American Asphalt South, Inc.
BY: DATED
Chris Hazeltine
City Manager
City of Poway
ATTEST: DATED
Carrie Gallagher
City Clerk
City of Poway
4 of4 June 13, 2023, Item #4