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AGREEMENT NO. __________________
AMENDMENT NO. [2] TO
AGREEMENT NO. 2023-010
This AMENDMENT NO. 2 TO AGREEMENT NO. 2023-010 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and HARKER INC., dba HARKER STRIPING AND SIGNAGE , a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, on January 11, 2023, CITY and CONTRACTOR entered into Agreement No. 2023-010 for pavement striping and marking services throughout the City of Bakersfield; and
WHEREAS, on July 2, 2024, Amendment No. 1 to Agreement No. 2023 -010 amended the agreement to extend the term by one year and increase the compensation by Five Hundred Thousand dollars ($500,000) for a total not to exceed compensation of One Million Dollars ($1,000,000); and
WHEREAS, CITY and CONTRACTOR desire to amend Agreement No. 2023- 010 to extend the Term of Agreement No. 2023-010 to July 31, 2026 and add additional compensation; and
WHEREAS, the CONTRACTOR has provided satisfactory service to the CITY and both parties desire to extend the Term for an additional year and increase compensation by One Million Dollars ($ 100,000,000) for a total not to exceed compensation of Two Million Dollars ($2,000,000).
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2023-010 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”):
An aggregate sum not to exceed TWO MILLION DOLLARS
($2,000,000) to be paid based on an hourly or
6/30/2025
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time/material basis in accordance with the rates which are incorporated by reference herein and attached hereto as Exhibit “B”.
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the 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 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 $ 2,000,000 for
performing the Scope of Work.
2. Section 3 of Agreement No. 2023-010 entitled “TERM” is hereby amended to read as follows:
3. TERM. Unless terminated sooner as set forth herein this Agreement shall terminate on July 31, 2026.
3. Except as amended herein, all provisions of Agreement No. 2023- 010 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 2023-010 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD HARKER INC., dba HARKER
STRIPING AND SIGNAGE
By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________
Title: _______________________________
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:____________________________
ZACHARY MEYER
Public Works Director
[Additional Signatures on Following Page]
TAMMI HARKER
OWNER
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
ASHLEY ZAMBRANO
Deputy City Attorney
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
JHR/em
Attachment: Exhibit “B”
S:\Public Works\Agrs\23-24\Harkerstripingsignageamendno.1toagrmtno.2023-010.Doc