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Amendment No. 3 to Agreement 2022-276
AGREEMENT NO. 2022-276(3)
AMENDMENT NO. 3 TO
AGREEMENT NO. 2022-276
THIS AMENDMENT NO. 3 TO AGREEMENT NO. 2022-276 is made and entered into on _____________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and ENNIS-FLINT, INC. a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, On December 14, 2022, the CITY and CONTRACTOR entered into Agreement No. 2022-276 in the amount of $ 210,546.25 for the supply of traffic paint; and
WHEREAS, On December 13, 2023, Council approved Amendment No. 1 to Agreement No. 2022-276 to extend the term of the Agreement by one year and increase compensation by $230,000 to continue the supply of traffic paint; and
WHEREAS, On November 20, 2024, Council approved Amendment No. 2 to Agreement No. 2022-276 to extend the term of the Agreement by one year and increase compensation by $200,000 to continue the supply of traffic paint; and
WHEREAS, the parties desire to enter into Amendment No. 3 to Agreement No. 2022-276 to extend the term of the agreement by one year and increase compensation by Thirty Thousand Dollars ($30,000) to continue the supply of traffic paint.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2022- 276 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 SIX HUNDRED SEVENTY THOUSAND FIVE HUNDRED FOURTY-SIX DOLLARS AND TWENTY FIVE CENTS ($670,546.25) in accordance with the bid documents.
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Amendment No. 3 to Agreement 2022-276
The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
2. Section 3 of Agreement No. 2022- 276 entitled “ TERM” is hereby amended to read as follows:
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 14, 2026.
3. Except as amended herein, all provisions of Agreement No. 2022-276 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 2022-276 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD ENNIS-FLINT, INC.
By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________
Title:_______________________________
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:____________________________
ZAC MEYER
Public Works Director
APPROVED AS TO FORM: COUNTERSIGNED:
Deputy City Attorney II:_______________________ Finance Director: _____________________ ASHLEY E. ZAMBRANO RANDY MCKEEGAN
Insurance:____________
AEZ/pt
S:\Public Works\Agrs\25-26\Amend.3.toAgr2022-276 (Ennis-Flint).docx Jennifer Slawikoswki
Finance Director