ATTACHMENT D
AMENDMENT NO. 1 TO
AGREEMENT NO. 24B101
WITH TIMBERLINE GSE INC.
Revised: 10.31.23
AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT
NO. 24B101 BETWEEN THE CITY PALM SPRINGS AND TIMBERLINE, GSE, INC.
1. Parties and Date.
This Amendment No. 1 to the Contract Services Agreement No. 24B101is made and entered into as of this 5th day of September , 2024 by and between the City of Palm Springs (“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. The City and Contractor have entered into an agreement entitled “Contract Services Agreement No. 24B101 Switchback Passenger Boarding Ram p for Palm Springs International Airport dated June 17, 2024 (“Agreement”) for the purpose of retaining the services of Contractor to provide Switchback Passenger Boarding Ramp for Palm Springs International Airport for an amount not to exceed $284,105.00 and a term of June 17, 2024, to June 16, 2026.
2.2 Amendment. The City and Contractor desire to amend the Agreement to correct the compensation amount due to a mathematical error on the bid form.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1 of the Agreement.
3. Terms.
3.1 Compensation of Contractor. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:
"Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”.
The total amount of Compensation shall not exceed $278,000.00.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
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. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or Docusign Envelope ID: 8D55A42A-90A4-462B-B06C-E15E63332554
Revised: 10.31.23
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 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]
Docusign Envelope ID: 8D55A42A-90A4-462B-B06C-E15E63332554
Revised: 10.31.23
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND TIMBERLINE GSE, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Docusign Envelope ID: 8D55A42A-90A4-462B-B06C-E15E63332554 9/10/20249/18/2024
N/AN/A
9/26/2024