AMENDMENT TO AGREEMENT
S:\Engineering\Annual Contract & Request For Proposal\RFQP Digester Cleaning\2024\Amendment 1\AGRMT NO 2024- 102(1).doc
Updated – August 15, 2022
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AGREEMENT NO. __________________
AMENDMENT NO. [1] TO
AGREEMENT NO. 2024-102
This AMENDMENT NO. 1 TO AGREEMENT NO. 2024-102 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and WASTEWATER SOLIDS MANAGEMENT, INC., a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, City and CONTRACTOR entered into Agreement No. 2024-102 on April 24, 2024, to provide Digester Cleaning Services for the Wastewater Division; and
WHEREAS, the parties desire to amend Agreement No. 2024-102 to extend the Term of this Agreement by one year in accordance with the original terms of the Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2024-102 entitled
“COMPENSATION/PAYMENT PROCEDURE” is hereby amended to
read as follows:
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the
conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“ Compensation”): CITY will pay CONTRACTOR a fixed fee based upon the percentage of the Scope of Work completed as described in the submitted proposal, and at the rates specified in the updated rate sheet dated April 2, 2025, attached hereto as Exhibit B and incorporated by reference herein.
CITY will pay CONTRACTOR with in 30 days after CONTRACTOR submits an itemized invoice for t he portions of the Scope of Work completed and that invoice is approved by CITY. The
Compensation will be the total amount paid to CONTRACTOR for
AMENDMENT TO AGREEMENT
S:\Engineering\Annual Contract & Request For Proposal\RFQP Digester Cleaning\2024\Amendment 1\AGRMT NO 2024- 102(1).doc
Updated – August 15, 2022
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performing the Scope of Work and includes, but is not limited to, all out- of- pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) for performing the Scope of Work.
2. S
ection 3 of Agreement No. 2024- 102 entitled “Term” is hereby amended to read as follows:
3. TERM.
Unless terminated sooner, as set forth herein, this
Agreement shall terminate on April 30, 2026. The contract is renewable annually for one consecutive one- year period at the CITY’S option and upon mutually agreeable terms.
3 . Except as amended herein, all provisions of Agreement No. 2024- 102 shall remain in full force and effect.
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AMENDMENT TO AGREEMENT
S:\Engineering\Annual Contract & Request For Proposal\RFQP Digester Cleaning\2024\Amendment 1\AGRMT NO 2024- 102(1).doc
Updated – August 15, 2022
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2024-102 to be executed the day and year first above written.
“C
ITY” “CONTRACTOR”
CITY OF BAKERSFIELD
WASTEWATER SOLIDS MANAGEMENT, INC.
B
y:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________
T
itle:___________________________
AP
PROVED AS TO CONTENT:
WATER DEPARTMENT
B
y:____________________________
KRISTINA BUDAK
Water Director
A
PPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
B
y:____________________________
MATTHEW COLLOM
Deputy City Attorney I
I
nsurance:____________
C
OUNTERSIGNED:
B
y:____________________________
RANDY MCKEEGAN
Finance Director
Victoria E Prince
General Manager/Corporate Secretary