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AMENDMENT NO. 4 TO AGREEMENT NO. 2021-183
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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
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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
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“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