FIRST 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:
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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.
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
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