ATTACHMENT A
AMENDMENT NO. 2 TO
AGREEMENT NO. 24B101
WITH TIMBERLINE GSE INC.
55575.18100\42913029.1
(BB&K 2024)
AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT
NO. 24B101 BETWEEN THE CITY PALM SPRINGS AND TIMBERLINE GSE, INC.
1. P
arties and Date.
This Amendment No. 2 to the Contract Services Agreement is made and entered into as of this 11th day of March, 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Timberline GSE, Inc., a Utah corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2. 1 Agreement. City and Contractor entered into an agreement titled “Contract Services Agreement No. 24B101 Switchback Passenger Boarding Ramp for Palm Springs International Airport” dated June 17, 2024 (“Agreement”) for the purpose of retaining the services of Contractor to provide switchback boarding ramps for the Palm Springs International Airport with warranty and two years of warranty and maintenance service, in an amount not to exceed $284,105 and a two-year term with two one-year extension options, commencing on June 17, 2024, to June 16, 2026.
2.2 Amendment No 1 . City and Contractor entered into Amendment No. 1 to the Agreement, dated September 5, 2024, for the purpose of correcting the compensation amount due to a mathematical error on the bid form for a revised contract amount not to exceed $278,000.
2.3 Amendment Purpose. City and Contractor now desire to amend the Agreement to revise the Scope of Services and increase Compensation in an amount of $278,000 for a revised contract amount not to exceed $556,000, and extend the contract term for two years, term dates June 17, 2024, to June 16, 2028.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3. 1 Amendment. Section 1.1 Scope of Services of the Agreement is hereby amended to include services described in Exhibit “A1” attached hereto and incorporated herein by reference.
3.2 Amendment. Section 3.1 Compensation of Contractor of the Agreement is hereby amended to increase the contract in the amount of $278,000 described in Exhibit “A1” attached hereto and incorporated herein by reference. The total amount of Compensation shall not exceed $556,000.
3.3 Amendment. Section 4.4 Term of the Agreement is hereby amended in its entirety to read as follows:
“
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of four years, commencing on June 17, 2024, and ending on June 16, 2028, unless extended by mutual written agreement of the Parties.”
55575.18100\42913029.1
(BB&K 2024)
3.4 Continuing Effect of Agreement . Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3. 5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT NO. 24B101 BETWEEN THE CITY PALM SPRINGS AND TIMBERLINE GSE, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: ____________________________ By: ______________________________ S ignature Signature
( 2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: 3/11/2026 Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ C ity Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
55575.18100\42913029.1
(BB&K 2024)
EXHIBIT “A1”