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HomeMy WebLinkAboutResolution - 2002-R0228 - Contract For Refurbishment - FMC Technologies - 06_13_2002Resolution No. 2002-RO228 June 13, 2002 Item No. 36 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for refurbishment of three aircraft loading bridges, by and between the City of Lubbock and FMC Technologies of Ogden, Ut., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: L& ,t Victor Kilman, Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Contract-FMC Technologies. res May 31, 2002 day of June , 2002. Resolution No. 2002—RO228 June 13, 2002 Airport Services Item No. 36 FMC Technologies Inc 1805 W 2550 S Ogden, UT 84401 Phone 801 629 3119 Fax 801 629 3487 29 April 2002 City of Lubbock 5401 North Martin Luther King Blvd. Lubbock, Texas 79401-9710 Attention: Mr. John McGinley — Airport Deputy Director FAX: (806) 775-3133 Tel: (806) 775 2036 E-Mail: jmeginley@mail.ci.lubbock.tx.us Subject: FMC Airport Services' Quotation for the Retrofit of three each Passenger Boarding Bridges with new vertical lift column and modification of the associated wheel carriage assemblies Enclosed is our Quotation No. 1099-B dated 29 April 2002 for the subject project. Pursuant to your telephone conversation with Dennis Daugherty last Friday, we have completed a review of our project pricing and have identified that you are a Tax Exempt governmental agency; therefore, we believe that the fairly costly tax cost can be eliminated. In addition, wherever possible, we have also reduced the cost of the proposed work, to hopefully allow the City of Lubbock to conduct the refurbishment work on all three PBBs at basically the same time to take advantage of a single mobilization. Our revised pricing is provided in the attached 1099-B proposal. In addition, and pursuant to your request, we have also included several proposals for projects that were previously completed by our company with similar scopes of work. As the modifications proposed for this project are only a few years old, we have yet to complete a project that is configured exactly like this project so I cannot provide an exact pricing comparison. However, you will see that the American Trans AirAirlines proposal to complete the design, provide parts and complete the retrofit work at the airport site for just the installation of a new vertical lift column assembly amounted to $54,088 and with freight and taxes of $7,127 the total -amounts to $61,215. You will also note that there is a big price difference between the projects completed for TWA and the one completed for Trans Air. This difference is the TWA quotations only included the replacement of the vertical lift columns and the Trans Air Airlines quotation included replacement of the lift columns, cross beam and swivel column, which is the scope of work that will have to be completed on your PBBs to adapt them the new square tube independent vertical lift column configuration. The vertical lift column retrofit is only half of the modification that we are proposing for your PBB refurbishment project. The other part of the retrofit project is the modification of the horizontal drive system from a DC drive motor/motor generator type drive system to a new AC drive system that incorporates solid state frequency converters and cyclodrive type gear motors. The advantages of this conversion include: 1) availability of spare p;lrehabdept12002 quotes11099-bibb.doc Rev. 11/30/00 DATE : 30 November 2000 QUOTE NO. : 9102-A VALIDITY DATE : 30 March 2001 PAGE NO.: 2 parts (which is not the case with your current drive motor configuration); 2) A stable price for spare part motors; 3) grease lubricated for life cyclodrive gear boxes over the old type oil bath lubrication type gear boxes that are currently installed on your PBBs. As you can see from reviewing the proposal that we provided to the Regional Airport Authority Gulf Port / Biloxi, the price quoted to them for this particular conversion is $31,695. That price coupled with the price for the vertical drive system retrofit provided above of $61,215 provides a total price of $92,910 per PBB retrofit to achieve the same configuration modification that we have quoted for this project. Based on that price, your total price for three PBB retrofits would be $278,730. Of course there is one mobilization charges that is included in the price that would not be included in your price; however, other than that, the price is reflective of the pricing that you could expect if the PBBs are retrofitted independently, without any pricing adjustments for quantity. I believe that from reviewing these documents you will be able to see that the quantity discounted pricing that we have provided for this project is very good. Should you have any questions or comments, please do not hesitate to contact me. You can reach me in my office at 801 629 3151 on my cell phone at 801 510 2657 or by E-mail at johnmichael.mooreAfincti.com . Manager Refurbishment Services Enclosure 1 I' . 4FMCA . QUOTATION No. 1099-B 1805 west 2550 south Ogden, Utah 84401-3249 Tel: (801) 629-3119 Fax: (801) 629-3487 29 April 2002 City of Lubbock 5401 North Martin Luther King Blvd. Lubbock, Texas 79401-9710 Attention: Mr. John McGinley — Airport Deputy Director FAX: (806) 775-3133 Tel: (806) 775 2036 E-Mail: jmeginley@mail.ci.lubbock.tx.us Provide all materials, labor and equipment required to complete the modification of three each Apron Drive Passenger Boarding Bridge to replace the existing standard drive type vertical lift system with a new set of independent vertical lift columns. Our quotation also includes the modification of your existing horizontal drive system to a new state of the art AC drive system. Details of these two modifications and the PBB we are proposing to modify are provided below. Modification will be made to the following equipment currently located at the Lubbock International Airport, Lubbock, Texas. a) Gate 4 Serial Number OG 2016 Model A3 58/110-11-RS Manufactured in 1976 b) Gate 5 Serial Number OG 2017 Model A3 58/110-11-RS Manufactured in 1976 c) Gate 6 Serial Number OG 2018 Model A3 58/110-11-RS Manufactured in 1976 Scope of work includes: A. Independent Drive Vertical Lift Column Retrofit: 1. Removal of the existing standard drive lift column. The existing wheel carriage donut, tires and wheels, drive chain and chain guard will be reused. The column will be turned over to LBB maintenance personnel for their use in salvaging parts to keep other PBBs operational. We have not included any pricing to remove the existing equipment from the airport property, or to power wash and paint the components that will be reused. 2. Installation of new attachment brackets on the "C" Tunnel to accept and support the installation of the new independent lift column assemblies. 3. Provision and installation of two new (right and left) vertical lift column assemblies and all associated attachment bracketry and installation hardware. 4. Installation of a new reversing contactor in the PBB power panel and extension of 480V power to each column assembly. This includes all new fuse blocks, fuses, conduit, wiring and terminal blocks required to complete the installation of the new 480V vertical lift column power supply system. p:\rehabdept\2002 quotes\1099-blbb.doc Rev. 11/30/00 Airport Systems Quote No. 1099-B Validity Date: 30 June 2002 Page No: Page 4 of 10 5. Provision and installation of a new swivel column and cross beam assembly as well as new trunnion pins required to attached the swivel column to the existing donut assembly. 6. Provision of a new wheel position indicator/power distribution box on the top of the wheel carriage cross beam. 7. Installation of a new cable carrier scissor arm assembly complete with a new digital height indicator assembly and shielded interface cabling. 8. Provision and installation of a new height indicator meter on the PBB operators, control console and all solid state circuitry required to power and adjust the new height indicator. 9. Set up and testing of the new lift column system. B. AC Horizontal Drive Retrofit: 1. Removal of the existing horizontal DC drive gearmotors, brakes and power supply cabling. These components will be turned over to Airport Authority personnel for maintenance spare parts. 2. Removal of the two existing DC Motor Generators sets and associated mounting bracketry. These components will be turned over to the Airport Authority maintenance staff for reuse in ongoing maintenance activities. 3. Provision and installation of new AC cyclo drive horizontal drive gearmotors and associated mounting bracketry, installation hardware, and power supply cabling between the bogie junction box and each drive motor. 4. Provision and installation of new 7.5hp solid state inverter assemblies and associated control circuit boards in the existing PBB power panel that is located on the underside of the "C" tunnel. 5. Provision and installation of a new horizontal drive joystick on the PBB operators control console. 6. Provision and installation of a new wheel position indicator on the operator's control console. Total Unit Price to provide all labor, tools, and equipment required to complete the scope of work identified in Items "A" and "B" above: $ 69,087 (Please note that this unit price includes mobilization to the site and is based on completing all three PBB refurbishments utilizing one mobilization. The pricing will have to be modified if less than three PBBs are modified or if multiple mobilizations are required to complete the work.) Total Price for three (3) PBB modifications: $ 207,262 Estimated Freight (based on shipping materials for all three retrofits at one time): $ 2,500 Tax Exempt: Exempt No. 1756000590-6: $ 0 Total Price with Freight and Tax: 209 762 HIS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF SALE pArehabdept\2002 quotes11099-bibb.doc WMCAirportSystems Quote No. 1099-B Validity Date: 30 June 2002 Page No: Page 5 of 10 Schedule of Values: 50% Down Payment with Order: $ 104,881 16.6% Upon completion of the first PBB retrofit: $ 34,960 16.6% Upon completion of the second PBB retrofit: $ 34,960 Balance Upon Completion of last PBB retrofit: $ 34,961 Proposal Clarifications: Our proposal is based on the following conditions: 1. AOA access security badging will take no more than one day to complete. If this is not possible an escort will be provided free of charge by the Airport Authority to allow work to continue once our personnel arrive at the airport site. 2. We will have unrestricted access to the AOA work site 7 days per week 24 hours per day. 3. At least One (1) PBB will be completely taken out of service for the entire duration of the refurbishment process. IS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF 2002 quotes11099-bibb.doc WMCAirportSystems Quote No. 1099-B Validity Date: 30 June 2002 Page No: Page 6 of 10 4. BEST DELIVERY AND OPERATIONAL DATES BASED ON TODAY'S MANUFACTURING SCHEDULE: DELIVERY DATE: To be determined upon receipt of OPERATIONAL DATE: fully executed contract Jetway's current manufacturing schedule changes daily depending on orders received. We will make every effort to deliver the required equipment within your projected time frame. However, in fairness to all of our customers, we cannot guarantee delivery and operational dates without a firm commitment represented by a fully executed contract and a corresponding down payment. Upon receipt of these documents, firm schedules will be established. S QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF Quote No. 1099-B Validity Date: 30 June 2002 Page No: Page 7 of 10 CONDITIONS OF SALE ALL QUOTATIONS ARE MADE SUBJECT TO THE FOLLOWING TERMS The conditions of sale quoted herein shall remain in effect and supersede all other conditions of sale expressed or implied by Buyer, unless Buyer and Seller otherwise agree in writing. As used throughout this Contract, the term "Product" or "Products" is defined to include all equipment, materials, supplies, components, and any services, engineering, design, and data or other work supplied by Seller under this Contract. Any modifications to the terms herein shall be deemed rejected unless expressly approved by Seller in writing 1. QUOTATION VALIDITY: The work to be performed under this Equipment Sales Contract shall be the supply by Seller of the products specified in the attached quotation, hereinafter called the "Products". This Quotation expires and becomes void on the stated validity date, unless on or prior thereto, Seller has received (i) Buyer's order evidenced by its return of this Quotation signed in the space below or (ii) Buyer's Notice To Proceed to commence design or fabrication of the project herein specified. All orders are subject to acceptance at Seller's offices in Ogden, Utah, and any sale to Buyer hereunder shall be governed solely by the terms and conditions contained herein which shall supersede any conflicting terms and conditions of Buyer, any statement in Buyer's terms notwithstanding. 2. PAYMENT TERMS: Product(s) sold under this contract shall be invoiced on a progress payment basis as defined in the attached schedule of values. Terms are net 30 days subject to credit approval. Security for payments issued for off -site materials and completed manufactured products shall be provided in accordance with Buyer's requirements or by a Letter of Credit issued in an amount equal to the progress payment. Interest at 1-1/2% per month will be added to all accounts overdue and payable in accordance with the above Terms of Payment. If Buyer fails to perform any condition of the terms of payment of this Contract, Seller may (1) withhold deliveries and suspend performance, or (2) continue performance if Seller deems it reasonable to do so, or (3) place the Products in storage pursuant to the provisions of Article 8 and Buyer shall be liable for all applicable costs resulting therefrom. In addition, Seller shall be entitled to an extension of time for performance of its obligations equaling the period of non- performance and if Buyer fails to rectify the non-performance promptly upon notice thereof, Seller may cancel this Contract, and Buyer shall pay Seller its charges for cancellation upon submission of Seller's invoices therefor. 3. PRICE: This quotation is a firm price. No changes in the price quoted will be allowed unless specifically agreed to by Seller in writing. Prices are FOB Origin unless noted otherwise on the quotation. All quoted freight prices are estimated amounts and will be invoiced at actual upon receipt of shipper's invoice unless Buyer has specifically requested a firm freight and the freight price is noted as such on the quotation. Product(s) quoted as FOB Destination shall include Seller's usual packing (or containerizing, if applicable) for delivery or export. 4. TAXES: State sales and/or use taxes are stated separately in this quotation. However, in areas where Seller is not authorized to collect such taxes, the remittance of the sales/use tax shall be the responsibility of the Buyer. Seller will accept a valid exemption certificate from the Buyer if applicable; however, if an exemption certificate previously accepted is not recognized by the governmental taxing authority involved, and the Seller is required to pay the tax covered by such exemption certificate, Buyer agrees to promptly reimburse Seller for the taxes paid. 5. DELIVERY: The shipment of all Products shall be scheduled as mutually agreed and in accordance with Article 3 above. Partial deliveries shall be permitted. Upon any delivery, all risk of loss or damage shall pass to Buyer. Delivery times are approximate and are dependent upon timely receipt by Seller of all necessary equipment definition (paint color, desired carpet, column heights, etc.) and information from the Buyer necessary to proceed with the manufacturing work. In the event Buyer does not timely provide the requested definition and information, the delivery time will be delayed and Seller will notify Buyer of the next available delivery time for the Equipment which is compatible with Seller's factory production schedule. 6. DELAYS: In the event Seller should be requested by or caused by Buyer to delay its delivery and/or installation of any Product(s) purchased under this Contract, Seller shall be entitled to the following: HIS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF SALE p:lrehabdept12002 quotes11099-blbb.doc ,FMCMrportSystems Quote No. 1099-B Validity Date: 30 June 2002 Page No: Page 8 of 10 A. A storage fee of $250 per month for all delayed Products pending final delivery and installation at Buyer's site(s); B. Any additional costs incurred by Seller in repairing and refurbishing the Product(s) to original condition following such storage period and preliminary to delivery to Buyer. C. Any extra handling costs incurred in extra or double handling of the Product(s) to accommodate Buyer caused or requested delays. D. Payment in full for the Product(s) completed in accordance with the Buyer's contract schedule but placed into storage to accommodate the Buyer. 7. EXCUSABLE DELAYS: Seller shall not be liable for delays in delivery or failure to perform due directly or indirectly to (1) causes beyond Seller's reasonable control; (2) acts of god, act (including failure to act) of any governmental authority (de jure or de facto), wars (declared or undeclared), governmental priorities, port congestion, riots, revolutions, strikes, fires, floods, sabotage, nuclear incidents, earthquakes, storms, epidemics; or (3) inability due to causes beyond Seller's reasonable control timely to obtain either necessary and proper materials, components, energy, fuel, transportation, or Buyer authorizations or instructions, definition or information required for Seller to complete the manufacture of the equipment. In the event of any delay or failure excused by this Article, Seller shall as soon as practical notify Buyer and shall at the same time, or at the earliest practical date after such notice, specify the revised delivery date. In the event of such delay, the time of delivery or of performance shall be extended for a period equal to the time lost by Seller by reason of the delay. If delay excused by this Article extends for more than sixty (60) days and the parties have not agreed upon a revised schedule for continuing the work at the end of the 60 day period, including adjustment of the price if applicable, then either party upon thirty (30) days written notice, may terminate this Contract with respect to the unexecuted portion of the work, whereupon Buyer shall pay Seller for all the work completed to the date of termination including profit for that work and Seller shall turn over all materials and Products completed at the termination date. 8. SHIPMENT & STORAGE : If any part of the Product(s) cannot be shipped when ready due to any cause referred to in Articles 6 & 7, Seller may place such Products in storage at the place of manufacture or Buyer designated site. In such event, (1) Seller shall notify Buyer of the placement of any Product in storage; (2) Seller's delivery obligations shall be deemed fulfilled and title and all risk of loss or damage shall thereupon pass to Buyer; (3) any amounts otherwise payable to Seller upon delivery shall be payable upon presentation of Seller's invoice, a bill of sale and an insurance certification as to coverage of the Product(s) while in storage; (4) implementation of conditions of Article 6 above; and (5) when conditions permit and upon payment of all amounts due hereunder, Seller shall assist and cooperate with Buyer in any reasonable manner for the removal of any Product(s) which has been placed in storage. 9. TITLE & RISK OF LOSS: Full risk of loss shall pass to the Buyer upon delivery of products to the FOB point. However, Seller retains title for security purposes only to all products until paid for in full. Seller may at seller's option repossess the same upon buyer's default in payment hereunder and charge Buyer with any deficiency. 10. INSTALLATION: In the event Seller is responsible for installation of the Equipment, Buyer agrees to provide Seller and/or its subcontractors full and timely access to the installation site, available power for testing, and an uninterrupted installation schedule. In the event that Seller shall suffer any costs or expense due to delays at the site which are beyond Seller's control, Buyer shall be chargeable with Seller's increased costs so incurred. 11. PRODUCT ACCEPTANCE: All Product(s) and associated work shall be inspected by the Buyer within ten (10) days of notice from the Seller to the Buyer that the applicable work is substantially complete. Buyer shall identify in writing all punch list items during the inspection and Seller shall immediately correct such items. Buyer shall inspect and provide a final acceptance certificate within 5 days of notice from the Seller to the Buyer that all punch list items have been corrected. 12. REHAB PRODUCT WARRANTY: Seller warrants that Products provided by Seller shall be free from defects in material, workmanship, and title and shall be of the kind and quality specified or designated by Seller in this Contract for a period of one year from the date of final acceptance or beneficial occupancy, whichever occurs first. All parts not manufactured by Seller that are purchased from other vendors shall be warranted for 6 months or the vendor's stated warranty for the part whichever is less. The sole f THIS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF p:lrehabdept12002 quotes11099-blbb.doc I oFMC AiiqsortSystems Quote No. 1099-B Validity Date: 30 June 2002 Page No: Page 9 of 10 remedy for breach of this warranty is the repair or replacement (at Seller's option) of the defective good, and FMC will not be liable under this warranty for labor to remove or reinstall the good, for transportation or freight on the good or any replacement good, for down time or for any other costs. Goods which Seller determines to have been subjected to abuse or other improper use will not be entitled to the benefits of any warranty by Seller. Defective and nonconforming items must be held for Sellers inspection and returned to the original F.O.B. point. THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER EXPRESS. IMPLIED OR STATUTORY. INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. 13. CONSEQUENTIAL DAMAGES: Neither party shall be liable to the other in contract or in tort, directly or under any indemnity, for any indirect, special or consequential damages, including but not limited to lost profits, production down time, reservoir loss/damage or environmental/pollution damage however same may be caused. 14. TERMINATION: In the event Buyer shall terminate the order for the Product(s) referenced herein for reasons other than a default by the Seller, Buyer agrees to pay Seller for any and all work that Seller has performed up to the date of termination plus a reasonable rate of profit. Except as specifically agreed in writing, termination shall not relieve either party of any obligation arising out of work performed prior to the date of termination. 15. LICENSES AND PERMITS: Building permits by city, county, state or airport regulatory authorities, and applicable fees for said permits are the responsibility of the Buyer. 16. VERIFICATION OF ROTUNDA HEIGHT: Seller does not assume responsibility for verification of rotunda column heights (distance from the top of foundation to second level terminal floor), anchor bolt placements, or foundation design or installation (unless otherwise specified above). However, Seller will furnish anchor bolt templates for specific installations upon written request and at an extra cost to Buyer. Rotunda column heights must be given to Jetway in writing at least 45 days prior to shipment date specified in this Agreement. 17. SUCCESSORS AND ASSIGNS: This contract shall inure to the benefit of and bind any successor in interest to a party to this contract. The Customer will not assign this contract or delegate it's performance thereunder by subcontract or other instrumentality, in whole or in part, without the prior written consent of Seller. However, Seller may assign this contract to any subsidiary, affiliate or successor in interest upon notice to the Customer of such assignment, in which case, Seller shall be released from any and all obligations arising under this agreement. 18. INSURANCE: Seller shall maintain insurance coverage to include general comprehensive liability insurance and automotive coverage in the amount of $1 million combined single limit, statutory worker's compensation and any other necessary coverages or amounts that are mutually agreed between the Buyer and Seller and is required for Seller to complete the work on -site. Seller agrees to wave subrogation against Buyer. Seller agrees to name the City of Lubbock as an additional insured party. 18. ENTIRE AGREEMENT: This Agreement, when accepted, shall constitute the entire Agreement between Seller and Buyer, superseding any oral or written negotiations or promises, and this Agreement may be changed, discharged or terminated only by an instrument in writing executed by a duly authorized representative of the parties. 20. CONFIDENTIALITY: Buyer acknowledges that during the execution of this Agreement that Seller will provide confidential information to Buyer regarding the Equipment. Buyer agrees that such information is and will remain the property of Seller and that Buyer will use the information only for the operation and maintenance of the Equipment and protect the confidential information from disclosure to other person, and entities. Buyer and Seller agree not to disclose the existence or terms of this Agreement to any third person or entity without first obtaining the written permission of the other party. 21. DISPUTES: The validity, performance, and all matters relating to the interpretation and effect of this Agreement and any amendment thereto shall be governed by the laws of the State of Texas and the state or federal courts of Houston. 22. LIMITATION OF LIABILITY: Under no circumstances shall the total aggregate liability under any contract for all Seller's exposures (e.g., pollution, warranty, indemnification, liquidated damages) be greater than the lesser of 2 x the total �7'1­1IS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF p:lrehabdept12002 quotes11099-blbb.doc . uFMC rportSystems Quote No. 1099-B Validity Date: 30 June 2002 Page No: Page 10 of 10 contract value or $25,000,000 (i.e., if the total contract value is $2,000,000, total limitation of all liability exposures cannot exceed $4,000,000; if the total contract value is $15,000,000, then total limitation of liability cannot exceed $25,000,000) 23. MISCELLANEOUS: The invalidity, in whole or in part, of any Article or Paragraph thereof shall not affect the validity of the remainder of such Article or Paragraph of this Contract. Offered By: Colin MacDonald Title: Vice President- Sales and Marketing Date: 31 May 2002 ATTEST: jP ae_�� City Secretary APPROVED- T CONTENT: Owne�Cs_Representative --- APPROVED AS TO FORM: City Attorney CIT M HIS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF p:lreha ITB #099-02/RS, Chemical Toilet Rental -Annual Pricing EXECUTED as of the Effective Date hereof. ATTEST: pd-"-,c Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Q V-- tF, Victor Kilman Purchasing Manager CONTRACTOR R"'E E B BRERRY1111ILL" PRESIDENT APPROVED AS TO FORM: William D. de Haas Contract Manager/Attorney 09&02/RS.doc No Text