ATTACHMENT G
AMENDMENT NO. 4 TO AGREEMENT NO. 23C004
WITH TK ELEVATOR CORPORATION
55575.18100\42913029.1
(BB&K 2024)
AMENDMENT NO. 4 TO AGREEMENT NO. 23C004
COOPERATIVE PURCHASE FOR PROTECTION OF VERTICAL
TRANSPORTATION EQUIPMENT
BETWEEN THE CITY PALM SPRINGS AND TK ELEVATOR CORPORATION
1. Parties and Date.
This Amendment No. 4 to the Cooperative Purchase Agreement is made and entered into as of this 12 day of August 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and TK Elevator Corporation, a Delaware Corporation (“Contractor”).
City and Contractor are sometimes indi vidually referred to as “Party” and collectively referred to as “Parties.”
2. Recitals.
2.1 Agreement. Parties entered into an agreement titled “C ooperative Purchase Agreement No. 23C004,” dated March 9, 2023 (“Agreement”), for the maintenance and repair of the City’s vertical transportation equipment at the Palm Springs International Airport, in an amount not- to-exceed $84,600 and for a term of three years.
2.2 First Amendment. On April 6, 2023, the Parties entered into Amendment No. 1 to revise the insurance, risk management, notice, amendment, and termination provisions; provide a one-time clean-down service for each elevator; an d add $20,510.90 in compensation, for a revised not-to-exceed amount of $105,110.90.
2.3 Second Amendment. On June 7, 2023, th e Parties entered into Amendment No. 2 to revise the scope of services and add $66,146.48 in compensation, for a revised not-to-exceed amount of $171,257.38.
2.4 Third Amendment. On September 15, 2023 , the Parties entered into Amendment No. 3 to add $360,000.00 in compensa tion for additional parts and la bor, for a revised not-to-exceed amount of $531,257.38.
2.5 Amendment Purpose. City and Contractor now desire to amend the Agreement to add $139,929.94 in compensation, for a revised not-to-exceed amount of $671,187.32.
2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 9 of the Agreement.
3. Terms.
3.1 Compensation and Paym ent. Section 3 of the Agreement is hereby amended to read as follows:
" This Agreement is for an amount not to exceed $671,187.32 per year, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment "B", the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.
Docusign Envelope ID: 954684DE-7B81-405E-968E-22C68F935459 55575.18100\42913029.1
(BB&K 2024)
3.2 Section 1.1 Scope of Services of th e Agreement is hereby amended to include the pricelist in Attachment “B2” attached hereto and incorporated herein by reference.
3.2 Continuing Effect of Agreement. Exce pt as amended by this Amendment No.4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.
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.4.
3.4 Severability. If any portion of this Am endment No. 4 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. 4 may be executed in duplicate originals, each of which is deemed to be an original, but when take n together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 954684DE-7B81-405E-968E-22C68F935459 55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 4 TO COOPERATIVE PURCHASE AGREEMENT NO. 23C004 BETWEEN THE CITY PALM SPRINGS AND
TK ELEVATOR CORPORATION
IN WITNESS WHEREOF, the Parties have executed this Amendment 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: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: ____________ ___________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Docusign Envelope ID: 954684DE-7B81-405E-968E-22C68F935459 8/18/2025
55575.18100\42913029.1
(BB&K 2024)
ATTACHMENT “A2”
SCOPE OF SERVICES
Service:
TK Elevator Corporation (Contractor) to provide esca lator component replacement and system rehabilitation services for the down escalator at the Sonny Bono Concourse in the Palm Springs International Airport (Airport).
Scope:
1. Step Trail Track:
Contractor shall furnish all necessary labor and materi als to replace the step trail roller track on the down escalator.
x Secure escalator and place safety ba rricades at the top and bottom landings. x Remove all steps and related equipment; the Ai rport staff shall provide a designated area for storing the steps during the work.
x Remove the existing step trail roller track.
x Install and adjust the new step trail roller track.
x Install steps and replace step rollers as necessary.
x Adjust all steps and landing plates to ensure proper clearances. x Conduct operational testing to verify proper performance and return the unit to service.
2. Handrail Turnarounds and Track:
Contractor shall perform the following work related to the handrail system:
x Remove both handrails to access internal components requiring replacement. x Remove and replace the upper and lower handrail tracks on both sides. x Remove and replace the upper and lower handrail turnarounds and newel rollers on both sides.
Additional:
x Contractor will have uninterrupted access to the escalator while work is being performed. x All work shall be scheduled and coordinated with Airport Staff to minimize disruption to Airport operations and passenger flow.
x All materials and workmanship shall strictly confor m to the original equipment design specifications and Contractor’s standard design requirements.
x Work shall be performed by a trai ned elevator technician and helper, both of whom must be directly employed and supervised by the Contractor.
x During the work, any deficiencies, code violations , or other issues are identified, the Contractor shall promptly notify the City and Airport Staff. An amendment to the agreement may be processed to address such findings as needed.
Price:
Pricing is based on all work being performed during regular working hours. x 50% Initial Progress Payment Amount: $69,964.94
x Remaining 50% Due Upon Completion Amount: $69,964.97
x Total Amount Not-To-Exceed: $139,929.94
Docusign Envelope ID: 954684DE-7B81-405E-968E-22C68F935459 55575.18100\42913029.1
(BB&K 2024)
ATTACHMENT “B2”
SCHEDULE OF COMPENSATION
Contractor shall provide repair and maintenance per rate outlined below.
Material Price 10% discount off list price.
Labor billing rate as identified below.
Docusign Envelope ID: 954684DE-7B81-405E-968E-22C68F935459