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Playcore Wisconsin Amend No. 4_Final.pdf

Bakersfield City Council
July 23, 2025

Document
Playcore Wisconsin Amend No. 4_Final.pdf
Meeting
July 23, 2025
Body
Bakersfield City Council
Original file
1.2 MB
Text extracted from the city's file for reading and search. Open the original on pub-bakersfield.escribemeetings.com. That file is the official record.

____________________________________________________
AMENDMENT NO. 4 TO AGREEMENT NO. 2021-183
S:\ADMINISTRATION DIVISION\Agreements\2025\Playcore Gametime Amendment No. 4\Playcore Wisconsin Amend No. 4.doc -- Page 1 of 3 Pages --
AGREEMENT NO.

AMENDMENT NO. FOUR [4] TO

DESIGN/BUILD CONSTRUCTION PROJECTS
AGREEMENT NO. 2021-183

This AMENDMENT NO. 4 TO AGREEMENT NO. 2021-183 is made and entered into on ____________________, by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as “CITY ”), and PLAYCORE WISCONSIN, INC., DBA GAMETIME, a Wisconsin corporation (referred to herein as “DESIGN/BUILDER”).

R E C I T A L S

WHEREAS, on August 04, 2021, the CITY and DESIGN/BUILDER entered into Construction Projects Agreement No. 2021-183, wherein DESIGN/BUILDER would provide playground equipment, outdoor fitness equipment, site accessories, surfacing and other related products and services in exchange for $6,235,182.00; and

WHEREAS, on August 17, 2022, Council approved Amendment No. 1 to Construction Projects Agreement 2021 -183 increasing the compensation by $1,935,000.00 for a total compensation amount not to exceed $8,170,182.00; and

WHEREAS, on August 09, 2023, Council approved Amendment No. 2 to Construction Projects Agreement 2021 -183, adding additional Council approved projects and funds by $1,550,000.00 for a total compensation amount not to exceed $9,720,182.00 and to extend the term of the Agreement by one year; and

WHEREAS, on April 10, 2024, Council approved Amendment No. 3 to Construction Projects Agreement 2021 -183 increasing the compensation by $1,800,000.00 for a total compensation amount not to exceed $11,520,182.00 and extending the term through August 9, 2025; and

WHEREAS, the parties now des ire to enter into Amendment No. 4 to Construction Projects Agreement No. 2021-183, adding additional funds by $1,500,000.00 for a total compensation amount not to exceed $ 13,020,182.00 and extending the term through August 9, 2026.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Construction Projects Agreement No. 2021- 183 as follows:

Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 ____________________________________________________
AMENDMENT NO. 4 TO AGREEMENT NO. 2021-183
S:\ADMINISTRATION DIVISION\Agreements\2025\Playcore Gametime Amendment No. 4\Playcore Wisconsin Amend No. 4.doc -- Page 2 of 3 Pages --

1. Section 2 of Construction Projects Agreement No. 2021- 183 entitled “COMPENSATION” is hereby amended to read as follows:

2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment not to exceed $13,020,182.00 which shall be paid as follows:

2.1. Upon substantial completion of each individual assigned project as listed in Exhibit C, Exhibit D, and Exhibit E of the agreement, contractor shall invoice each project
individually.

2.2. The compensation set forth in this section shall be the maximum compensation which DESIGN/BUILDER may
receive under this Agreement including, but not limited to, all out -of-pocket costs and taxes. CITY shall pay nothing above the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a ten percent (10%) retention shall be withheld from payments to DESIGN/BUILDER by CITY. The ten percent
(10%) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have
expired and all liens and stop payment notices have been released or otherwise cleared to the satisfaction of the CITY.

2. Section 6 of Construction Projects Agreement No. 2021 -183 entitled “TERM” is hereby amended to read as follows:

6. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on August 9, 2026. There are no additional renewal options available.

3. Except as amended herein, all other provisions of Construction Projects Agreement No. 2021-183 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to Construction Projects Agreement No. 2021- 183 to be executed the day and year first above written.

[Signatures on Following Page]

Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 ____________________________________________________
AMENDMENT NO. 4 TO AGREEMENT NO. 2021-183
S:\ADMINISTRATION DIVISION\Agreements\2025\Playcore Gametime Amendment No. 4\Playcore Wisconsin Amend No. 4.doc -- Page 3 of 3 Pages --
“CITY” “DESIGN/BUILDER”
CITY OF BAKERSFIELD PLAYCORE WISCONSIN, INC.,

DBA GAMETIME

By:____________________________ By:_____________________________

KAREN GOH CLINT WHITESIDE
Mayor Manger of Sales Operations

APPROVED AS TO CONTENT:

RECREATION AND PARKS DEPARTMENT

By:____________________________

RICK ANTHONY
Assistant City Manager

Insurance: ____________

APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney

By:____________________________

VIRIDIANA GALLARDO-KING
Deputy City Attorney II

COUNTERSIGNED:

By:____________________________

RANDY MCKEEGAN
Finance Director

Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683

Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683 Docusign Envelope ID: 39AAC6D4-DD57-4E5F-93AC-F47E40DE1683

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