Item 3.4 Remote Site Controls and Upgrades410
OttsTY F o
MINNESOTA g
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Utilities
Utility Manager Kurt Neidermeier
November 23, 2020
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
3.4
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
X
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council approve an Agreement for Remote Site Controls Upgrades and
Telemetry Improvements.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
The 2021 Utility budget provides funding for Programmable Logic Controller (PLC) and operator interface
replacements at four locations to finalize transition of serial controls hardware to current ethernet
technology. Completion of this transition will reduce telemetry delays from approximately 10 minutes to
less than 30 seconds and allow for remote setpoint mods and make the controls more dependable. PLC's
collect information, provide actions to operate equipment within its programmed settings and
communicate information to City staff.
Sites requiring updates include Riverpointe Lift Station, River Place Lift Station, Quantrelle Lift Station and
the East Pressure Control Station. Devices at these sites have reached end of useful life and are no longer
supported each being installed prior to 2008. A similar project was completed in 2018-2019 on prioritized
sites. At the completion of these upgrades, the SCADA system entirety can be aligned. Timing is
appropriate as part of the overall communication of water/wastewater infrastructure, the completion of
the East WWTF Biosolids Building and ability for staff to monitor the SCADA system remotely.
The quote for project entirety is $69,820 including professional services for equipment procurement,
installation, programing, testing and commissioning.
The City Attorney has reviewed the agreement terms and the Public Works Subcommittee reviewed the
requested updates recommending consent approval at the November 23,d meeting.
SUPPORTING DOCUMENTS ATTACHED:
• Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve the Agreement between the City of Otsego and Advanced Engineering and
Environmental Services, Inc. (AE2S) for Remote Site Controls Upgrades and Telemetry Improvements in the
amount of $69,820.00.
Rl1DGFT INFORMATION
FUNDING:
BUDGETED:
Fund 601— Water Utility
Fund 602 — Sanitary Sewer Utility
Yes (2021)
0
:1 RE2S
www.ae2s.com
November 6, 2020
Kurt Neidermeier
Utility Manager
13400 900' Street NE
Otsego, MN 55330
RE: Letter Agreement between City of Otsego and AE2S
City of Otsego, MN — Remote Sites Controls Upgrades and Telemetry Improvements
Dear Mr. Neidermeier,
Advanced Engineering and Environmental Services, Inc. (AE2S) proposes to render professional services for
programmable logic controller (PLC) and Supervisory Control and Data Acquisition (SCADA) programming
services associated with Quantrelle Lift Station, River Place Lift Station, Riverpointe Lift Station, and East Pressure
Control Station to the City of Otsego (CLIENT).
This Agreement, including Exhibit A, sets forth the terms and conditions under which the CLIENT and AE2S shall
be governed regarding the Assignment.
Scope of Basic Services
AE2S will perform the following tasks:
1. Procure and install Ethernet -capable Allen-Bradley 1769-L 18ER-BB 1 B CompactLogix PLC and
expansion input/output (I/O) modules to replace the discontinued serial -only Allen-Bradley MicroLogix
1500 PLC within the following sites:
1. Quantrelle Lift Station.
2. River Place Lift Station.
3. Riverpointe Lift Station.
4. East Pressure Control Station.
2. Procure and install Ethernet -equipped Allen-Bradley Panelview Plus 7 Series 6" operator interface to
replace discontinued serial -only Allen-Bradley Panelview Plus legacy operator interface within the
following sites:
1. Quantrelle Lift Station.
2. River Place Lift Station.
3. Riverpointe Lift Station.
4. East Pressure Control Station.
3. Procure and install Ethernet switch, 24 VDC power supply, and interposing relays within the following
sites:
1. Quantrelle Lift Station.
2. River Place Lift Station.
3. Riverpointe Lift Station.
4. East Pressure Control Station.
4. Perform PLC programming to achieve the following:
1. Lift Stations:
1. Adjustable pump start/stop level setpoints.
2. Automatic pump alternation.
E-100 03/2016
Advanced Engineering and Environmental Services, Inc.
6901 East Fish Lake Road, Suite 184 • Water Tower Place Business Center • Maple Grove, MN 55369 • 763-463-5036
RE: Letter Agreement for City of Otsego
City of Otsego, MN - Remote Sites Controls Upgrades and Telemetry Improvements
November 6, 2020
Page 2 of 4
3. Wetwell level monitoring and trending.
4. Pump runtimes with start counts (today, yesterday, and cumulative).
5. Alarming to include enable/disable control and consist of the following alarms:
1. SCADA Communication Failure.
2. Phase Failure.
3. Control Power Failure.
4. UPS Power Not Available.
5. Wetwell High Level (Float).
6. Wetwell High Level (Transducer).
7. Wetwell Low Level (Float).
8. Wetwell Low Level (Transducer).
9. Pump Overtemp (all pumps).
10. Pump High Temp (all pumps).
11. Pump Required and Not Running (all pumps).
East Pressure Control Station:
1. Adjustable pump start/stop pressure setpoints.
2. System pressures monitoring and trending.
3. Pump runtimes with start counts (today, yesterday, and cumulative.
4. Pump VFD speed controls and speed feedback indication.
5. Alarming to include enable/disable control and consist of the following alarms:
1. SCADA Communication Failure.
2. Phase Failure.
3. Control. Power Failure.
4. UPS Power Not Available.
5. System High Pressure Alarms.
6. System Low Pressure Alarms.
7. VFD Fault Alarms.
8. Pump Overcurrent Alarms.
9. Pump Required and Not Running (all pumps).
Systemwide Telemetry and Controls Setpoints Improvements:
1. Implement enhanced setpoints messaging PLC logic within the following sites to allow
for increased telemetry performance throughout the Otsego SCADA and telemetry
system:
l . Water Tower 1.
2. Water Tower 2 (Telemetry Master).
3. Water Tower 3.
4. East WWTF.
S. West WWTF.
6. Wellhouse 1.
7. Wellhouse 2.
8. Wellhouse 3.
9. Wellhouse 4.
10. Well 5.
11. Well 8.
12. Well 9.
13. East Pressure Control Station.
14. Quaday Lift Station.
15. Riverpointe Lift Station.
RE: Letter Agreement for City of Otsego
City of Otsego, MN — Remote Sites Controls Upgrades and Telemetry Improvements
November 6, 2020
Page 3 of 4
16. Lancaster Lift Station.
17. Martin Farms Lift Station.
18. River Place Lift Station.
19. Riverwood National Lift Station.
20. Magnolia Landing Lift Station.
21. Quantrelle Lift Station.
22. School Lift Station.
5. Perform operator interface programming to allow local data monitoring and controls adjustments.
6. Create data mapping and messaging within master West Tower PLC for SCADA and alarming purposes.
7. Create data mapping within West Wastewater Treatment Facility (WWTF) PLC for SCADA and
alarming purposes.
8. Create data mapping within East WWTF PLC for SCADA and alarming purposes.
9. Modify SCADA graphics within West WWTF to allow data monitoring and controls adjustments.
10. Modify SCADA graphics within East WWTF to allow data monitoring and controls adjustments.
11. Configure alarming within Win-911 alarm notification software.
12. System testing and commissioning.
13. Control panel schematic redlines.
14. Provide CLIENT with PLC programs and documentation.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the Assignment are not
included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide
services beyond the scope of this Agreement on an hourly basis.
CLIENT's Responsibilities
CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S:
1. Designate a person to act as CLIENT's representative with respect to the services to be rendered under
this Agreement. Such person shall have authority to transmit instructions, receive information, and
interpret and define CLIENT's policies and decisions with respect to services for the Assignment.
2. Provide access to the relevant sites sufficient for AE2S to perform its services under this Agreement.
3. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have been
performed satisfactorily hereunder in accordance with the fee terms set forth herein.
CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section.
Fees
AE2S shall render services under this Agreement on an hourly basis not to exceed $69,820 without written
authorization from CLIENT, including reimbursement for all project related expenses.
Lift Stations/Pressure Station Tasks; Q . 4
Professional Fees`
PLC Installation — 8 hours
$1, 480
Operator Inter ace Installation — 2 hours
$370
RE: Letter Agreement for City of Otsego
City of Otsego, MN — Remote Sites Controls Upgrades and Telemetry Improvements
November 6, 2020
Page 4 of 4
Ethernet Switch Installation — I hour
$185
Update Record Drawings — 2 hours
$370
PLC Programming Services — Remote Site PLC-10 hours
$1,850
PLC Programming Services — West Tower, West WWTF, East WWTF-10 hours
$1,850
Operator Interface Programming Services — 6 hours
$1,110
SCADA Programming Services —10 hours
$1,850
Testing and Commissioning —2 hours
$370
Per Site Total
$91435
Lift Stations/Pressure Station Total
$37,740'
Telemetry and Controls Se oints Improvements 22 Sites
Professional Fees
PLC Programming Services— 3 hours per site
$555
Testing and Commissioning — I hour per site
$185
Per Site Total
$740
Telemetry and Controls Setpoints Improvements Total
$16,280'
Reimbursables
Fees
Allen -Bradlee 1769-L18ER-BBIB Cona actLo ix PLC's and -1/0 Modules (Qty. 4)
$7,200
Allen-Bradley Panelview Plus 7 Series 6" Operator Interlaced . 4
$3,400
Interposing Relays . 64
$2, 000
Ethernet Switch .4
$1,000
24 VDCPower Su l (Qty. 4)
$1,200
Mileage and Supplies ernainals, Fuseholders, Wire, Etc.
$1, 000
Total Reimbursables
$15,800
Project Totals
Professional Fees
Lift Stations/Pressure Station Tasks
$37, 740
Telemetry and Controls Setpoints Improvements Tasks
$16,280
Reimbursables
$15,800
Grand Total
$69,820
Anticipated Project Schedule
AE2S proposes completion of the proposed Scope of Services by July 31 st, 2021, anticipating authorization by
January 31 st, 2021.
RE: Letter Agreement for City of Otsego
City of Otsego, MN — Remote Sites Controls Upgrades and Telemetry Improvements
November 6, 2020
Page 5 of 4
Contract Documents
This Agreement includes the following documents, incorporated herein by reference:
1. Exhibit A - Terms and Conditions;
2. All other attached Exhibits referenced in this Agreement;
3. Any drawings or specifications provided by the CLIENT in writing; and
4. Any duly executed written amendments.
There are no contract documents other than this Agreement and those documents listed above.
If this Agreement sets forth your understanding of our agreement, including the scope of work desired, fees, terms,
and conditions, please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to
assist in this project and we look forward to working with you.
Sincerely,
AE2S CLIENT
Allen Dostall
Instrumentation and Controls Specialist
Aaron Vollmer, P.E.
Operations Manager
Accepted this day of
ME
Name (Print):
Title:
Standard Terms and Conditions
The Agreement is supplemented to include the following terms and conditions:
1. Standard of Care
a. The standard of care for all professional services performed or furnished
by AE2S under this Agreement will be the care and skill ordinarily used
by members of AE2S's profession practicing under similar circumstances
at the same time and in the same locality. AE2S makes no warranties,
express or implied, under this Agreement or otherwise, in connection with
AE2S's services.
b. CLIENT shall be responsible for, and AE2S may rely upon, the accuracy
and completeness of all requirements, programs, instructions, reports, data,
and other information furnished by CLIENT to AE2S pursuant to this
Agreement. AE2S may use such requirements, reports, data, and
information in performing or famishing services under this Agreement.
Payments to AE2S
Invoices will be prepared in accordance with AE2S's standard invoicing
practices and will be submitted to CLIENT by AE2S monthly, unless
otherwise agreed. Invoices are due and payable within 30 days. If
CLIENT fails to make any payment due AE2S for services and expenses
within 30 days, the amounts due AE2S will be increased at the rate of
1.75% per month (or the maximum rate of interest permitted by law, ifless)
from said thirtieth day. In addition, AE2S may, after giving seven days
written notice to CLIENT, suspend services under this Agreement until
AE2S has been paid in full all amounts due for services, expenses, and
other related charges. All payments shall be made in United States Dollars.
3. hmsurance
AE2S will maintain insurance coverage for Workers' Compensation,
Professional Liability, General Liability, and Automobile Liability and will
provide certificates of insurance to CLIENT upon request.
Indemnification and Allocation of Risk
a. To the fullest extent permitted by law, AE2S shall indemnify and hold
harmless CLIENT and CLIENT's officers, directors, members, and
employees from any and all costs, losses, and damages (including but not
limited to all reasonable fees and charges of engineers, architects,
attorneys, and other professionals, and all court, arbitration, or other
dispute resolution costs) arising out of or relating to the Project, provided
that any such cost, loss, or damage is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property (other
than the Work itself), including the loss of use resulting therefrom, but only
to the extent caused by any negligent act or omission of AE2S or AMS's
officers, directors, members, partners, employees, or Consultants. The
parties expressly agree that AE2S or AMS's officers, directors, members,
partners, or employees have no duty to defend CLIENT and CLIENT's
officers, directors, members, and employees against any claims, causes of
action, demands, lawsuits, or proceedings of any kind.
b. To the fullest extent permitted by law, CLIENT shall indemnify and hold
harmless AE2S, AE2S's officers, directors, partners, employees, and
consultants from and against costs, losses, and damages (including but not
limited to reasonable fees and charges of engineers, architects, attorneys,
and other professionals, and reasonable court or arbitration or other dispute
resolution costs) to the extent caused by the negligent acts or omissions of
CLIENT or CLIENTS officers, directors, partners, employees, and
consultants with respect to this Agreement.
c. In addition to the indemnity provided under paragraph 4.b. of this
Exhibit, and to the fullest extent permitted by law, CLIENT shall
indemnify and ]mold harmless AE2S and AE2S's officers, directors,
partners, employees, and consultants from and against injuries, losses,
damages and expenses (including but not limited to all reasonable fees and
charges of engineers, architects, attorneys, and other professionals, and all
court or arbitration or other disputes resolution costs) caused by, arising
out of, or resulting from Hazardous Enviromnental Condition, provided
This is EXHIBIT A, consisting of 3 pages, referred to in and part of
the Agreement between CLIENT and AE2S dated November 6,
2020.
that (i) any such injuries, losses, damages and expenses are attributable to
bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property, including the loss of use resulting therefrom, and (ii)
nothing in this paragraph 4.c. shall obligate CLIENT to indemnify any
individual or entity to the extent of that individual or entity's own
negligence or willful misconduct.
d. To the fullest extent pennitted by law, AE2S's total liability to CLIENT
and anyone claiming by, through, or under CLIENT for any injuries,
losses, damages and expenses caused in part by the negligence of AE2S
and in part by the negligence of CLIENT or any other negligent entity or
individual, shall not exceed the percentage share that AE2S's negligence
bears to the total negligence of CLIENT, AE2S, and all other negligent
entities and individuals.
Exclusion of Special, Incidental, Indirect, and Consequential Damages
To the fullest extent permitted by law, and notwithstanding any other
provision in the Agreement, AE2S and AE2S's officers, directors, partners,
employees, agents, and Consultants, or any of them, shall not be liable to
CLIENT or anyone claiming by, through, or under CLIENT for any
special, incidental, indirect, or consequential damages whatsoever arising
out of, resulting from, or in any way related to the Assignment or this
Agreement, from any cause or causes, including but not limited to any such
damages caused by the negligence, professional errors or omissions, strict
liability, breach of contract or warranties, express or implied, of AE2S or
AE2S's officers, directors, partners, employees, agents, or AE2S's
Consultants, or any of them.
Limit of Liability
To the fullest extent permitted by law, notwithstanding any other provision
ofthis Agreement, the total liability, in the aggregate, ofAE2S and AE2S's
officers, directors, partners, employees, agents, and AE2S's Consultants,
and any of them, to CLIENT and anyone claiming by, through, or under
CLIENT for any and all claims, losses, costs, or damages whatsoever
arising out of, resulting from or in any way related to the Project or the
Agreement from any cause or causes, including but not limited to the
negligence, professional errors or omissions, strict liability or breach of
contract, or warranty express or implied of AE2S or AE2S's officers,
directors, partners, employees, agents, or AE2S's Consultants, or any of
them, shall not exceed total compensation received by AE2S as part ofthis
agreement.
7. Termination of Contract
Either party may at any tirne, upon seven days prior written notice to the
other party, terminate this Agreement. Upon such termination, CLIENT
shall pay to AE2S all amounts owing to AE2S under this Agreement, for
all work performed up to the effective date of termination, plus reasonable
termination costs.
Access
CLIENT shall arrange for safe access to and make all provisions for AE2S
and AE2S's Consultants to enter upon public and private property as
required for AE2S to perform services under this Agreement.
Hazardous Environmental Conditions
It is acknowledged by both parties that AE2S's scope of services does not
include any services related to a "Hazardous Environmental Condition,"
i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous waste,
or radioactive materials in such quantities or circumstances that may
present a substantial danger to persons or property exposed thereto in
connection with the Assignment. In the event AE2S or any other party
encounters a Hazardous Environmental Condition, AE2S may, at its option
and without liability for consequential or any other damages, suspend
performance of services on the portion of the Assignment affected thereby
until CLIENT: (i) retains appropriate specialist consultant(s) or
contractor(s) to identify and, as appropriate, abate, remediate, or remove
the Hazardous Environmental Condition; and (ii) warrants that the site is
in full compliance with applicable laws and regulations. CLIENT
acknowledges that AE2S is performing professional services for CLIENT
and that AE2S is not and shall not be required to become an "arranger,"
"operator," "generator," or "transporter" of hazardous substances, as
defined in the Comprehensive Environmental Response, Compensation,
and Liability Act of 1990 (CERCLA), which are or may be encountered at
or near the site in connection with AE2S's activities under this Agreement.
10. Patents
AE2S shall not conduct patent searches in connection with its services
under this Agreement and assumes no responsibility for any patent or
copyright infringement arising therefrom. Nothing in this Agreement shall
be construed as a warranty or representation that anything made, used, or
sold arising out of the services performed under this Agreement will be
free from infringement of patents or copyrights.
Ownership and Reuse of Documents
All documents prepared or famished by AE2S pursuant to this Agreement
are instruments of service, and AE2S shall retain an ownership and
property interest therein. Reuse of any such documents by CLIENT shall
be at CLIENTS sole risk; and CLIENT agrees to indemnify, and hold
AE2S harmless from all claims, damages, and expenses including
attorney's fees arising out of such reuse of documents by CLIENT or by
others acting through CLIENT.
12. Use of Electronic Media
a. Copies of Documents that may be relied upon by CLIENT are limited to
the printed copies (also known as hard copies) that are signed or sealed by
the AE2S. Files in electronic media format of text, data, graphics, or of
other types that are famished by AE2S to CLIENT are only for
convenience of CLIENT. Any conclusion or information obtained or
derived from such electronic files will be at the user's sole risk.
b. When transferring documents in electronic media format, AE2S makes
no representations as to long-term compatibility, usability, or readability of
documents resulting from the use of software application packages,
operating systems, or computer hardware differing from those used by
AE2S at the beginning of this Assignment.
c. If there is a discrepancy between the electronic files and the hard copies,
the hard copies govern.
d. Because data stored in electronic media format can deteriorate or be
modified inadvertently or othenvise without authorization of the data's
creator, the party receiving electronic files agrees that it will perform
acceptance tests or procedures within 60 days, after which the receiving
party shall be deemed to have accepted the data thus transferred. Any
errors detected within the 60-day acceptance period will be corrected by
the party delivering the electronic files. AE2S shall not be responsible to
maintain documents stored in electronic media format after acceptance by
CLIENT.
Contractors
AE2S shall not at any time supervise, direct, control, or have authority over
any contractor's work, nor shall AE2S have authority over or be
responsible for the means, methods, techniques, sequences, or procedures
of construction selected or used by any contractor, or the satiety precautions
and programs incident thereto, for security or safety at a project site, nor
for any failure of a contractor to comply with laws and regulations
applicable to such contractor's famishing and performing of its work.
AE2S neither guarantees the performance of any contractor nor assumes
responsibility for any contractor's failure to furnish and perform its work
in accordance with the contract between CLIENT and such contractor.
AE2S shall not be responsible for the acts or omissions of any contractor,
subcontractor, or supplier, or of any of their agents or employees or of any
other persons (except AE2S's own employees) at a project site or otherwise
furnishing or performing any construction work; or for any decision made
regarding the construction contract requirements, or any application,
interpretation, or clarification of the construction contract other than those
made by AE2S.
14. Force Majeure
AE2S shall not be liable for any loss or damage due to failure or delay in
rendering any service called for under this Agreement resulting from any
cause beyond AE2S's reasonable control.
15. No Third Party Beneficiaries
All duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of CLIENT and AE2S and not for the
benefit of any other patty. Nothing contained in this Agreement shall create
a contractual relationship with or a cause of action in favor of a third party
against either CLIENT or AE2S. AE2S's services under this Agreement
are being performed solely for CLIENT's benefit, and no other entity shall
have any claim against AE2S because of this Agreement or the
performance or nonperformance of services hereunder.
16. Assignment
Neither party shall assign its rights, interests or obligations under this
Agreement without the express written consent of the other party.
Binding Effect
This Agreement shall bind, and the benefits thereof shall inure to the
respective parties hereto, their legal representatives, executors,
administrators, successors, and assigns.
18. Severability and Waiver of Provisions
Any provision or part of the Agreement held to be void or unenforceable
under any laws or regulations shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon CLIENT and AE2S,
who agree that the Agreement shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing the intention of the stricken provision.
Non -enforcement of any provision by either party shall not constitute a
waiver of that provision, nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
19. Survival
All express representations, indemnifications, or limitations of liability
included in this Agreement will survive its completion or termination for
any reason.
20. Headings
The headings used in this Agreement are for general reference only and do
not have special significance.
21. Controlling Law
This Agreement is to be governed by the law of the State of Minnesota
without regard to its conflicts of laws principles.
22. Notices
Any notice required under this Agreement will be in writing, addressed to
the appropriate party at its address on the signature page and given
personally, or by registered or certified mail postage prepaid, or by a
commercial courier service. All notices shall be effective upon the date of
receipt.
23. Executed in Counterparts
This Agreement may be executed in counterparts, each of which together
will constitute one and the same instrument. Delivery of an executed
counterpart of this Agreement shall constitute effective delivery of this
Agreement. Each party agrees that the delivery of the Agreement by
facsimile or electronic mail shall have the same force and effect as delivery
of original signature and that each Party may use such facsimile or
electronic mail signatures as evidence of the execution and delivery of the
Agreement by the parties to the same extent that an original signature could
be used.
24. Limited Equipment Warranty
AE2S MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO ANY PRODUCTS MANUFACTURED BY A
THIRD PARTY, INCLUDING ANY (a) WARRANTY OF
MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A
Exhibit A - Standard Terms and Conditions
Page 2 of 3
PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d)
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY; WHETHER
EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE OR
OTHERWISE. AE2S'S SOLE RESPONSIBILITY TO CLIENT
WITH RESPECT TO ANY EQUIPMENT OR COMPONENTS
AND PARTS MANUFACTURED BY A THIRD PARTY AND
INCORPORATED INTO THE EQUIPMENT SHALL BE TO PASS
THROUGH TO CLIENT SUCH ORIGINAL EQUIPMENT
MANUFACTURER'S AVAILABLE PRODUCT WARRANTY.
THE REMEDIES SET FORTH IN THE MANUFACTURER'S
TERMS SHALL BE THE CLIENT'S SOLE AND EXCLUSIVE
REMEDY AND AE2S'S ENTIRE LIABILITY FOR ANY BREACH
OF THIS LIMITED WARRANTY.
Exhibit A - Standard Terms and Conditions
Page 3 of 3