HomeMy WebLinkAbout7/17/2002 - STAFF REPORTS (9) DATE: July 17, 2002
TO: City Council
FROM: Executive Director- Airports
PASSENGER BOARDING BRIDGE MODIFICATIONS
RECOMMENDATION:
It is recommended that the City Council approve contracting with FMC Airport Systems
for the modification of Passenger Boarding Bridge (PBB) #5 at the Palm Springs
International Airport in the amount of $60,777.
SUMMARY:
The Airport is continuing it's marketing efforts to attract new airline service. With the
recent announcements by Continental Airlines and Horizon Airlines,the Airport is seeing
an increased requirement for the ability to accommodate smaller regional-jet types of
aircraft. The proposed contract would provide for the materials, equipment and labor
necessary to perform the modifications to one (1) of the existing PBB's in order to
accommodate the CRJ-700 and EMB-145 series of regional jet (RJ) aircraft.
BACKGROUND:
During Phase IIA of the terminal expansion project, FMC Airport Systems was
competitively selected to provide the Passenger Boarding Bridges (PBB's) for the
Airport. Since 1999, the airline market has seen a dramatic increase in the use of
smaller, regional jet aircraft. As these aircraft are lower to the ground, the existing
bridges at the Airport are not able to accommodate these regional jet types of aircraft.
Since the original installation, FMC Airport Systems has developed a modification
package for regional jet aircraft, which can be applied to existing PBB's. Late in 2001,
staff began researching the passenger loading bridge modifications required forregional
jet capability. With a recent commitment from Continental Airlines to twice daily, year-
round service between Palm Springs and Houston, the specifications provided by FMC
Airport Systems have been revisited. Bridge modifications are necessary to safely and
efficiently dock an existing passenger loading bridge with the 50 seat RJ aircraft.Without
these modifications, it would be necessary to enplane and deplane RJ passengers from
the ground,
The technical knowledge and capability to make the modifications necessary to re-
configure the City's existing FMC PBB's to mate to regional jet aircraft is available only
from FMC Airport Systems. Pursuant to Section 7.04.020 of the Municipal Code, staff
has negotiated on a sole-source basis with FMC to provide the materials, equipment and
labor to complete the work.
Staff has received a cost proposal from FMC Airport Systems for labor, materials and
equipment to provide the modifications in the amount of$47,864.00. At the request of
Continental Airlines, an alternate bid was requested for the installation of an aircraft
ground power unit, in the amount of $12,913.00. The cost of this power unit would be
100% reimbursable to the City and remain with the City should Continental elect to leave
the Palm Springs market. The combined cost for both items is $60,777.00.
Passenger Boarding Bridge Modifications
July 17, 2002
Page 2
Staff recommends award of the attached contract FMC Airport Systems in the amount
of$60,777. The agreement form is the standard City short form, with attached exhibits.
The Airport Commission was updated on this item at it's regularly scheduled meeting of
July 3, 2002.
Funds are available in account no 415-6400-50015, Airport Development Specialized
Equipment. No general fund monies will be utilized.
MIKE N WILLIAMS, A.A.E. -'ALL¢¢ F' NfOOT, A.A.E.
i C N� ;
Deputy Director- Operations ExecCiiiVeA irector- Airports
Rd%ARdD
LD E GdIOD, CPPO
Director of Procurement & Contracting
APPROVED'` c �
City Manager
Attachments: Minute Order
Scope of Services
Proposal from FMC Airport Systems
REVIEWED BY DK OF FINANCE
I/�`��
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FMC—Bridge
fications 07-17-2002
Passenger Boarding Bridge Modifications Exhibit `A"- Scope of Work
FMC Airport Systems
EXHIBIT "A"
SCOPE OF WORK
I. BASIC SERVICES
This agreement shall be for modifications/retrofit of Passenger Boarding Bridge(PBB)
(OG-38713), which is utilized at passenger boarding gate #5 at the Palm Springs
International Airport.The modifications/retrofit include installation of a"CE"Commuter
floor assembly on the aforementioned PLB.
ATTACHMENT 1 to this agreement is the quotation (1074-C) from FMC Airport
Systems, dated June 24, 2002 regarding the work referenced in this agreement.
Costs contained within this proposal include the addition of having to mechanically
lower the existing PBB at boarding gate #5 to accommodate the EMB-145 aircraft
(4'8" level) and assumes identical conditions as other PLB locations (i.e., PCA, PCA
hose basket and drive column bolt hole locations).
The relocation of the Pre-Conditioned Air (PCA) unit closer to the terminal end of
Tunnel "C", some electrical wireway access panels will be covered and somewhat
restrict access.
A. Provide all materials, labor and equipment to modify existing Passenger
Boarding Bridge(PBB)at boarding gate#5 to accommodate CRJ-700 and EMB-
145 series aircraft, which includes a 4'8" level service capability. NOTE:
Compatibility to existing aircraft types will not be affected. Included are the
following:
1. Retrofit "CE" floor into existing cab of bridge.
2. Add additional canopy pads. Required because floor of new"C"floor will be
approximately 8" longer than existing.
3. Raise existing JetPower® 400 Hz power unit.
4. Relocate existing PCA 75 ton unit back towards terminal to create open
area for PCA hose basket.
5. Relocate existing hose basket to terminal side of drive column.
6. Lower existing bridge to estimated 4'8" level by installing lowering kit to
obtain required down level.
7. Test full operation of PBB.
8. Availability of parts is approximately 10-12 weeks after receipt of agreement
or purchase order.
9. Installation time frame is 3-4 days after arrival of equipment.
B. Provide all materials, labor and equipment to install a 28.5 volt power system
(Hobart) for EMB-145 aircraft. Included are the following:
1. Provide and install a 28.5 volt power system (LS-outside wall Tunnel "C"
behind cab assembly, which includes:
a. 50' DC power output cable.
b. 2 station remote controller
FMC Airport Systems Boarding Bridge Modifications
-S 4143
-
Passenger Boarding Bridge Modifications Exhibit 'A"-Scope of Work
FMC Airport Systems
2. Provide and installation of bridge mounting kit (Hobart) for PBB's.
3. Installation and interconnect input power for 28.5 volt system unit via input
power distribution blocks located within JetPower® unit.
4. Test power unit operation.
5. Availability of parts is approximately 7-8 weeks after receipt of agreement
or purchase order.
6. Installation time frame is 1-2 days after arrival of equipment.
C. It is intended that both of the above items be installed at the same so as to
minimize installation cost.
FMC Airport Systems Boarding Bridge Modifications
Passenger Loading Bridge Modifications Exhibit `B"- Schedule of Compensation
FMC Airport Services
EXHIBIT B
SCHEDULE OF COMPENSATION
Section 4.3 Performance Bond shall not apply to this agreement.
Work Item "A" as outlined in Exhibit A of this agreement:
Provide & Install "CE" floor assembly & modify $45,222.00
PBB
Freight (estimated, Ogden, UT to Palm $800.00
Springs, CA
Tax 7.75% (Materials only) $1,842.00
TOTAL $47,864.00
Work Item "B" as outlined in Exhibit B of this agreement:
Provide & Install 28.5 volt power unit $11,691.00
Freight (estimated, Vendor to Palm Springs, $500.00
CA
Tax 7.75% (Materials only) $722.00
TOTAL $12,913.00
Total of work items "A" and "B" - $60,777.00
Forwork items "A"and "B"as outlined in Exhibit A of this agreement, the following payment
terms apply:
25% down payment at time purchase order is awarded
75% upon completion and acceptance by the City of Palm Springs, Department of
Aviation (AIRPORT), net 30 days.
N:\Agreements\Terminal\FMC_Bridge Modifications 07-17-2002 wird
FMC Airport Systems Boarding Bridge Modifications
10-
06/,44/2002 MON 10:40 FAX 629 3487 FMC AIRPORT SERV U 001/008
FMC Technologies .Inc.
Quote No. 1074-C
Validity Date: 24 July 2002
Page No: Page 1 of 8
Airport Services
FMC Technologies Inc
1805 W 2550 S
Ogden, UT 84401
Phone 801 629 3152
y�MIT�yy� Fax 801 629 3487
iJi systems
24 June 2002
Palm Springs Airport Authority
Patin Springs International Airport
3400 E Tahquitz Canyon Way,Suite OFC
Palm Springs,CA.92262
Attention: Mike N.Williams FAX: (760)318-3815
Tel: (760)318-3821
Subject: FMC Jetway Systems'revised Quotation for the Retrofit of"CE" Commuter floor assembly on
Passenger Boarding Bridge(OG-38713)located at Gate 5, Palm Springs International Airport.
Enclosed is our Quotation No. 1074-C dated 24 June 2002 for the subject project.
Re; Cost for modifications to existing Boarding Bridges:
Costs contained within this proposal include the addition of having to mechanically lower each existing bridge,
which was not required in original proposal, to EMB-145 Ievel (4'8") and also assumes that identical conditions
exists at gate 5 as that of previous quote for gates 7 and 10(i.e.PCA,PCA hose basket and drive column bolt hole
locations).
Re:Relocation of PCA unit:
Be aware that by moving the PCA unit to closer to terminal end of Tunnel"C"some electrical wireway access
panels will be covered and somewhat restrict access
Should you have any questions or comments,please do not hesitate to contact me. You can reach me in my office
at 801 629 3152 or by E-mail at Rolf Lenthe@fmcti,com ,
p;\rehabdept12002 quotes\1074-c psp.doc Rev. 11/30/00
06/24/2002 MON 10:40 FAX 629 3487 FMC AIRPORT SERV [d]003/008
FMC Technologies .Inc.
Quote No. 1074-C
Validity Date: 24 July 2002
Page No: Page 3 of 8
FMC Technologies Inc.
QUOTATION No. 1074-C 1805 West 2550 South
Ogden,Utah 84401-3249
Tel:(801)629-3152
Pax:(801)629-3487
Palm Springs Airport Authority
Palm Springs International Airport
3400 E Tahquitz Canyon Way, Suite OFC
Palm Springs, CA. 92262
Attention: Mike N. Williams FAX: (760)318-3815
Tel: (760)318-3821
Revision#2 to revised proposal 1074-B changing scope and Bridge amount
A. Provide all materials, labor and equipment to modify existing Passenger Boarding Bridge (PBB) @ gate
5 to CRJ-700 and-145 model aircraft® 4'8" level service capability. Included are the following:
(1) Retrofit "CE" floor into existing Cab of bridge
(2) Add additional Canopy pads. Required because floor of new "CE" floor will be
approximately 8" longer then existing
(3) Raise existing Jetpower 400hz. Unit
(4) Relocate existing PCA 75 ton unit back towards terminal to create open area for PCA hose
basket.
(5) Relocate existing hose basket to terminal side of Drive column
(6) Lower existing bridge to estimated 4'8" level by installing lowering kit to obtain required
down level. Note: This was not necessary in previous proposal because the bridge only
required to be lowered to 514".
(7) Test full operation of Passenger Boarding Bridge.
Provide & Install "CE" floor assembly and modify Bridge $ 45,222.00
Freight (estimated-OGD to PSP) $ 800.00
Tax 7.75% (Materials) $ 1,842.00
Total: $ 47,864.00
Availability of parts: Re: Item "A" above
10-12 weeks after receipt of contract or purchase order.
Time frame to complete installation of Equipment:
3-4 days after arrival of equipment at Airport. qA1
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06/,24/2002 MON 10:40 FAX 629 3487 FMC AIRPORT SERV U 004/008
FMC Technologies Inc.
Quote No. 1074-B
Validity Date: 24 July 2002
Page No: Page 4 of 8
PAYMENT TERMS: —
25% Down payment with order
75% Upon completion and acceptance by Customer (Net 30 days)
ALTERNATE
B. Provide and install 28.5v power system (Hobart) for EMB-145 aircraft. Included are the following:
(1) Purchase and installation of 28.5v power system (LS-outside wall Tunnel "C" behind Cab
assembly) which includes:
a. 50' DC output power cable
b. 2 station remote controller
(2) Purchase and installation of Bridge mounting kit (Hobart) for Passenger Boarding Bridges
(3) Installation and interconnect input power for 28.5v system unit via input power distribution
blocks located within 7etpower unit
(4) Test power unit operation
Provide & Install "28.5v power unit $ 12,811.00*
Freight (estimated-Vendor to PSP) $ 500.00
Tax 7.75% (Materials) $ 722.00
Total: $ 14,033.00
* Special Note: Noted cost includes mobilization of Contractor-Should it be possible to install the 28.5v power
system in conjunction with "CE" floor modification a cost saving of$1120,00 can be passed on to Palm
Springs Airport Authority on the installation of the 28.5v power system.
Avallabllity of parts: Re: Item "B" above
7-8 weeks after receipt of contract or purchase order.
Time frame to complete installation of Equipment:
1-2 days after arrival of equipment at Airport,
1 IV16
7FT
NIS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF SALE
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06/,24/2002 MON 10:41 FAX 629 3487 FMC AIRPORT SERV Z 005/008
FMC Technologies Inc.
Quote No. 1074-B
Validity Date: 24 July 2002
Page No: Page 5 of 8
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 (it) 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: See Above noted Payment Terms.
pFogress payment bap*; as defined- in th Ached Rahedule of valu,Ar.:PBFFRR RFR Fiat 30 days subjerA to Gizedit appre�4.
SesdNty for-payra
with Ruyees requli:ement8 or by a L6tteF of Credit issued in 1`09MGG payment interest at 1 1 0
per month wi .
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.
HIS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF SAL
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FMC Technologies Inc.
Quote No. 1074-B
Validity Date: 24 July 2002
Page No: Page 6 of 8
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:
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 Products) 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
jute 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 8 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 buyers 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
HIS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF SALE
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FMC Technologies Inc.
Quote No. 1074-B
Validity Date: 24 July 2002
Page No: Page 7 of 8
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
romedy 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.
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
HIS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF SALE
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FMC Technologies Inc.
Quote No. 1074-B
Validity Date: 24 July 2002
Page No: Page 8 of 8
exposures (e.g., pollution, warranty, indemnification, liquidated damages) be greater than the lesser of 2 x the total
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.
FMC Technologies Inc.
Offered By: Kirk Smith Accepted By:
Title: Manager Technical Services Title.-
Date; �� Z `�D2— Date:
HIS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF SAL
0my documents11074-c psp.doc
MINUTE ORDER NO.
APPROVING AN AGREEMENT WITH FMC AIRPORT
SYSTEMS FOR THE MODIFICATION OF PASSENGER
BOARDING BRIDGE (PBB) #5 AT THE PALM SPRINGS
INTERNATIONAL AIRPORT IN THE AMOUNT Of$60,777.
I HEREBY CERTIFY that this Minute Order, approving an agreement with FMC
Airport Systems for the modification of Passenger Boarding Bridge (PBB)#5 at
the Palm Springs International Airport in the amount of$60,777,was adopted by
the City Council of the City of Palm Springs, California, in a meeting thereof held
on the 171h day of July, 2002.
PATRICA A SANDERS
City Clerk