Resolution No. 94521
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 9452
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EQUIPMENT PURCHASE AND SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND ABB INC., FOR THE
LIGHT & POWER DEPARTMENT
WHEREAS, the Light & Power Department desires to purchase
and have installed ABB 800xA Advant Master Base System with OPC-Client
Connection hardware and software, together with parts, cables, modules
and other accessories necessary (collectively, the Equipment") for PI
�ISystem Connection; and
WHEREAS, the purchase of the Equipment will enable the Light
& Power Department to extend the scope of traditional control systems
to include all automation functions in a single operation and
engineering environment to improve performance; and
WHEREAS, the purchase of the Equipment will improve the
effectiveness of the Light & Power Department's operation and enhance
the services provided to citizens, residents and businesses within the
Vernon community; and
WHEREAS, ABB Inc. ("ABB") is a leader in power and automation
technologies and can provide the necessary Equipment meeting the
specifications and requirements of the Light & Power Department; and
WHEREAS, on October 9, 2007, the Finance Committee Section of
the City Council recommended that the City purchase the Equipment from
ABB at a cost of approximately Fifty -Seven Thousand Six Hundred Ninety -
Three Dollars and Seventy -Three Cents ($57,693.73); and
WHEREAS, the City and ABB desire to enter into an Equipment
Purchase and Services Agreement setting forth the terms and conditions
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
under which the City shall purchase the Equipment and installation
services from ABB; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into a contract with ABB for the Equipment and
services to enhance services provided to the Vernon community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Equipment Purchase and Services Agreement with ABB, in
substantially the same form as the copy which is attached hereto as
Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreement with
ABB for, and on behalf of, the City of Vernon and the City Clerk is
hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to give one fully executed
Agreement to:
ABB Inc.
Attn. Donald Westfall
2 Acee Drive
Natrona Heights, PA 15065
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to make whatever
- 2 -
I nonsubstantive, administrative and/or text changes, upon advice of
2 counsel, to the Agreement.
3 SECTION 6: The City Clerk of the City of Vernon shall
4 certify to the passage of this resolution, and thereupon and
5 thereafter the same shall be in full force and effect.
6 APPROVED AND ADOPTED this 6th day of November, 2007.
7
8
9 Name: Leonis C. Malburg
10
Title: Mayor
11
12 ATTEST:
13
14
15 MANU LA GIRON, Cit Clerk
16
17
18
19
20
21
22
23
24
25
26
27
28
3 _
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9452, was
duly adopted by the City Council of the City of Vernon at an adjourned
regular meeting of the City Council duly held on Tuesday, November 6,
2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
MANUELA GIRON, City Clerk
(SEAL)
- 4 -
EXHIBIT A
EQUIPMENT PURCHASE AND SERVICES AGREEMENT
�s Proposal Date: 9113/2007
Proposal Number: DAVV-070712-1A
Prepared By: Donald Wesffail
Customer: City of Vernon
Malburg Generating Station
2715 E 50th Street
Vernon, CA 9005$
Attn: Adriano Marki
B Power Generation
System Proposal
ABB Inc.
2 ACEE DRIVE
NATRONA HEIGHTS, PA 15065, USA
Proposal # DAW-070712-IA � �s3 Date: 7/12/2007
Table of Contents
Tableof Contents............................................................................. I
Introduction...................................................................................... 2
Site Work: PI Connection Equipment ............................................. 3
Scopeof Supply: .......................................................................... 3
Site Work: Services: Installation of Process Portal A ®PC
equipmentfor PI............................................................................... 4
Site Work: Services: PI Connection Equipment ............................ 5
Pricing Summary for PI Connection Equipment ............................ 5
GENERAL REQUIREMENTS ............................................................ 6
Logic B Applications Software Changes ......................................... 6
CITY OF VERNON'S RESPONSIBILITIES: ...................................... 6
PricingSummary .............................................................................. 7
Commercial Summary ...................................................................... g
ABB Inc. General Terms and Conditions of Sale ........................
10
ABB Standard Service Rata Sheet -- 2007 ....................................13
ABB Inc.
2 ACEE DRIVE
NATRONAHBGRTS, PA 15065, USA
Altkai,IN 111 �4I
Proposal # DAW-070712-IA 91%1 POP Date: 7/12/2007
Introduction
ABB's world -class support offerings allow you to maximize productivity and
minimize lifecycle costs. With unparalleled knowledge resulting from many
decades as an industry -leading automation supplier, ABB Service is uniquely
qualified to help manage all aspects of your control systems, drives, analytics,
and/or quality control products and systems in numerous, that you rely upon to
maximize your production in demanding industrial applications.
ABB's commitment to performance optimization is evident in every aspect of our
dynamic portfolio of services delivered through more than 10,000 service
professionals worldwide. We continue to invest in new technologies and adapt our
services to help you achieve operational excellence through reliability in production
assets, processes, and people and position you as a leader in your industry today,
tomorrow and well into the future.
It's all about performance - ABB's comprehensive portfolio of services from field
service, support services and spare parts to consulting, optimization, and complete
outsourcing supports every stage of the product life cycle and ensures maximum
performance of your automation equipment.
ABB Inc. 2
2 ACEE DRIVE
NATRONA HEIGHTS, PA 15065, USA
Proposal # DAW-070712-IA
hime�9z`°2,,_
'"
4� � Dater 7/12/2007
Site Work: P1 Connection Equipment
Scope of Supply:
Sales price
Article number Qty Description
[US$]
xA Base System
Includes one Operator Workplace, one
Engineering Workplace, AC800M
Connectivity, Redundant Aspect Server, Plant
Explorer, Topology Status Viewer, Softpoint
Server, Scheduler, Primary History Logs
(logging of signals for operator trends for up to
3 months), 10 Asset Monitors and Diagnostics
3BSE044753R1 1 Collection
3BSE031540R2 4 1000 tags, non -redundant
800xA for Advant Master
(One per system.)
36SE031542R2 1 RTA board needs to be ordered separately,
800xA OPC-Client Connection
This enables third party OPC clients to
connect to 800xA via the 800xA OPC server.
3BSE031545R1 1 One per external access.
Type I subscription (1-2 concurrent users) to
3BSE046742R1 1 Automation Sentinel
Concurrent Users - The number of Clients and
Remote Clients plus one Client from the Core
3BSE047697R1 1 System
$27,211.09
1.2 800xA 5.0 System - Media and Documentation (3BSE04505518)
Sales price
Article number Qty Description
[US$]
Industrial IT 800xA Software Version 5.0, DVD
Product Box
Including: Industrial IT 800xA System Version
5.0 and User Documentation on DVD,
3BSE044765R50 1 Installation Manuals, and Mouse Pad.
3BSE034584R1 1 RAINBOW SuperPro Dongle for USB
$,511.64
This computer will provide the OPC interface to the PI Server only. It
can not be used as an operator station as all the Aspect Server
software items are not there. The system is expandable and can be
used as a machine interface.
ABB Inc. 3
2 ACEE DRIVE
NATRONA HEIGHTS, FA 15065, USA
x
Proposal # DAW-070712-1AY
Date: 7/12/2007
1.3 800xA for Advant Master -
HW and Documentation (31BSE045059/B)
Article number Qty
Description
PU515A Real -Time Accelerator (RTA) board
for PCI bus (Master/MOD eDCN systems).
Installed in 3.3V or 5V PCI slot or PCI-X slot.
Including CS503V1 dual channel MB300
communication module and 16Mbyte RAM.
3BSE032401R1 1
With two 15-pin female Dsub connectors.
TK626VO50 Cable assembly. Connection
Cable 5 m (16 ft). For RTA board.
With Dsub connectors: 15-pos socket to 15-
pos pin. For connection of RTA board comm.
port to transceiver for ThickNet comm. With
screw fixing at the RTA port connector and
sliding latch at transceiver.
Cable for connection between system unit and
3BSE019210R5 1
transceiver for M13300.
Sales price
[US$]
$2837.01
OPE 1 Deli Computer (see specifications below) $3,912.00
SUBTOTAL $34,471.73
Site Work: Services: Installation of Process Portal A OPC equipment for PI
No.
Item -
_ Unit
Total ((JSD)
1.
ABB SCOPE OF WORK
1 Lot
See next
page
1. Load all software on computer to be provided by City of
Vernon
2. Install new hardware at site.
3. Connect Process Portal to MB 300 and ensure accurate
communication.
4. Provide OPC connection to PI system.
**Note: Each node of the Advant system is envisaged to be 2 days.
All corresponding node to node = 1 day
Total number of days = 7 day s at site
2.
ENGINEERING HOURS:
1. On site work will be on hourly basis.
CD., 2. The time on site (approx. 5 days) will be used to complete
and test each and every aspect of the hardware and
software.
ABB Inc. 4
2 ACEE DRIVE
NATRONA HEIGHTS, PA 15065, USA
Proposal # DAW-070712-IA Date: 7/12/2007
Site Work: Services: PI Connection Equipment
No.
Item
Unit
Price/Unit
(USD
Total
(USD)
1.
Loading and testing of Computer off site
2 Days
21304
4,608
2.
Site Specific Installation to, be Performed at the City of
5 Day
2,304
11,520
Vernon
j
Travel and Preparation Time
No.
Item
Unit
Price/Unit
Total
(YSD
USD
1,
Travel and Living Cost( Estimate only)
2,486
2,486
2.
• 16 hours travel time.(Estimate only)
2 Day
2,304
4,608
• All travel time Q $288 US/Hour
Pricing Summary for PI Connection Equipment
The total price for PI Connection Equipment portion of DAW 070712-lA:
Scope of Supply
3. Services.
• Scope of Supply for PPA connection to PI .............. USD 34,471.73
• Travel and Preparation.............................................USD 7,094.00
• Off Site work ................................................. ..........USD 4,608.00
• On site Work............................................................USD 11.520.00
Total: U Q 57.693.73
ABB Inc.
2 ACEE DRIVE
NATRONAIIE+IGfITS, PA 15065, USA
l' 11`.;
Proposal # DAW-070712-IA A I 11 P Date: 7/12/2007
GENERAL REQUIREMENTS
• ABB will ensure that the customer is formally provided with all information
generated relating to changes or updates to the Advant DCS system.
• The customer will undertake the necessary steps in order to ensure the free
access to plant sites, and rooms for ABB personnel.
• The customer will contact the ABB to communicate the dates of the on -site
support mission and will specify the details of the required support either through
email or fax.
Logic I Applications Software Changes
• ABB is not authorized, and shall not make, any changes to the Advant Power
logic / applications software without the customer's prior written agreement.
The customer is responsible for ensuring it obtains any necessary third party
approvals prior to providing ABB with the necessary written authorization to
implement any logic / applications software changes.
• 'ABB, under instruction from the customer, may investigate any aspect of the
DCS system providing no changes are made to the DCS logic / applications and
provided the DCS is not operated or maintained contrary to Operation and
Maintenance instructions.
Note: All the OS500 units will be directly connected the F/O router (If the distance from
OS500 to the F/O router is more then 50-ft then a dedicated switch should be provided
for each OS500 station). City of Vernon should consult with a F/O specialist to fix its
network from a RING type to a BUS type (STAR configuration).
CITY OF VERNON'S RESPONSIBILITIES:
1. Check the system load for each controller and send us the details.
2. Complete source code copy (DB & PC both) from each controller
3. Provide a list of 1/0s they want ABB to configure to communicate between
different controllers. The number of engineering hours will be determined by this
information.
4. If there is any modification require on any OS500 then it needs to be also
explained up front with the list of displays. No changes are expected, however if there is
changes per graphic =1.5 days of additional field service time. This is inclusive of
Graphics testing. Field 1/0 and instrumentation related to the changes of the.dynamic
graphic will NOT be included.
5. F/O work should be completed and tested by the F/O specialists.
6. F/O configuration must follow the STAR (or BUS) configuration.
7. During the configuration work if there is any shortage of cables (both FO and thin
LAN blue cables) then City of Vernon will have to buy those cables
8. Configuration of PI system, to make is communicate with AC400 Conned, is not
part of ABB's scope.
ABB Inc. 6
2 ACEE DRIVE
NATRONA IIEIGHrS, PA 15065, USA
I K
Proposal # DAW-070712-1A 9 F op Date: 7/12/2007
WA-
9. City should take the responsibility of PI System configuration and the associated
work in the AC400 Connect Server.
Note: All the configuration related work will be done on -site as I do not have any
system in the shop to test. Data Sets can only be configured and implemented only
when the controllers are in CONFIGURATION mode. It means the plant must be down
during the commissioning time.
Note: Actual numbers of days at site will depends on Plant's availability to assist with
installation and to conduct system testing. The final amount of days will charge
according to Field Service Time Sheet signed by the Plant's authorized personnel
Pricing Summary
ABB is please to provide this proposal for ABB's Products and Services.
The total price for proposal DAW 070712-1A:
Pricing Summary for PI Connection Equipment:
• Scope of Supply for PPA connection to PI .............. USD 34,471.73
With computer (see details)
• Travel and Preparation ......... ........................ ............ USD 7,094.00
• Off Site work ........................ ...........................USD 4,608.00
• On site Work ................................................ ............ USD 11.520.00
.7A
If this proposal meets with your approval, please submit your purchase order referencing
proposal number DAW-070712-IA to:
Joe Palmer
Customer Service Manager
ABB Inc.
2 Acee Drive.
Natrona Height, PA, 15065
Fax: 724-295-6560
ABB Inc.
2 ACEE DRIVE
NATRONA HEIGHTS, PA 15065, USA
n
Proposal # DAW-0707124A A r z P Date: 7/12/2007
Computer Components
Dell Server Style Computer
Dual Core IntelO Xeon®5130, 4MB Cache, 2.00GHz,1333MHz FSB, Windows Server®
2003 R2, Standard Edition, Includes 5 CALs
PowerEdge Dual Core Intel® Xeon® 5130, 4MB Cache, 2.00GHz, 1333MHz FSB
Operating System Windows Server® 2003 R2, Standard Edition, Includes 5 CALs
Additional Processor Single Processor only
Memory 2GB 533MHz (4x512MB), Single Ranked DIMMs
TCP/IP Offload Engine
Enablement Broadcom TCP/IP Offload Engine Not Enabled
Riser Cart! Riser with 2 PCI-X Slots (3 Volts) and 1 PCIe Slot
Primary Hard Drive 73GB, SAS, 3.5-inch, 10K RPM Hard Drive
Primary Controller SAS 5/i Integrated, No RAID
Floppy Drive 1.44MB Floppy Drive, Internal, Black
Mouse No Mouse Option
Network Adapter Intel® PRO 1000PT Dual Port Server Adapter, Gigabit NIC, Cu, PCIe
x4
CD/DVD Drive 24X IDE CD-RW/DVD ROM Drive
Bezel Rack Bezel
Backplane 1x4 Backplane for 3.5-inch Hard Drives
Documentation Electronic Documentation and OpenManage CD Kit
Hard Drive Configuration Integrated SAS/SATA No RAID, SAS 5/i Integrated
Chassis Configuration Rack Chassis w/Sliding RapidNersa Rails and Cable
Management Arm,Universal
Hardware Support
Services
3Yr BASIC SUPPORT: 5x10 HW=Only, 5x10 NBD Onsite
Installation Support
Power Supply Non -Redundant Power Supply
TOTAI_:$3,912.00
This is the minimum required hardware, due to changes in computer offerings the
model cannot be ascertained at this time. Additional requirements are built into
the price.
ABB Inc. 8
2 ACEE DRIVE
NATRONA HEIGHTS, FA 15065, USA
Proposal # DAW-070712-IA F �
ED
OF Date: 7/12/2007
Commercial Summary
Terms and Conditions
The Terms and Conditions of this proposal are based on the ABB General Terms
and Conditions of Sale. No other terms and conditions shall apply.
Delivery
Delivery is approximately 8 weeks after receipt and acceptance of an order.
ABB Service
All services, in reference to this proposal, are provided per the ABB Standard Rate
Sheet except as indicated below.
• Services provided beyond the agreed to scope will be invoiced at $288.00 per
hour for a Field Service Representative plus travel and living expenses.
Payment Terms
ABB's proposal is based on the following payment terms.
• 100% upon acceptance of order.
Taxes and Duties
All other taxes and duty not explicitly expressed herein will be bill to the
consignee. This include VAT or/and Service related Withholding tax
Proposal Validity
This Proposal is subject to acceptance within sixty (60) days from the date of
proposal. All prices, schedules, and technical descriptions are valid throughout this
period.
Confidentiality
The information contained in this proposal is proprietary to ABB Inc. and may not be
disclosed t0 any third party or company without the written consent of ABB Inc. -
Natrona Heights, PA USA
ABB Inc. 9
2 ACEE DRIVE
NAMONAIIEIGIrrS, PA 15065, USA
IN 10
i S Ei
Proposal # DAW-070712-1A 07 ED Date: 7/12/2007
ABB Inc. General Terms and Conditions of Sale
1. General. The terns and conditions contained herein, togetherwith any additional or different terms contained InABB'8 Proposal, if any, SUbmlftedt0 Purchaser
(Which Proposal shall control over any conflicting terms), constitute the entire agreement (the "Agreement") between the parties with respect to the order and
Supersede all prior communications and agreements regarding the order. Acceptance by ABB of the order, or Purchaser's acceptance of ABB% Proposal, Is
expressly limited to and conditioned upon Purchasers acceptance of these tamrs and conditions, payment fororacceptance of any performance by ABB being
acceptance. These ferns and conditions may not be changed or superseded by any diRerent or additional fonts and conditions proposed by Purchaser to which
terms ABB hereby objects. Unless the context otherwise requires, the term "Equipment" as used herein means all of the equipment parts, accessories sold, and
all software and soltivere documentation. it any. licensed to Purchaser by ASS rSoftYvaW) under the order. Unless the context otherwise requires, the term
"Services" as used herein means ail labor, supervisory, technical and engineering, installation, repair, consulting or other services provided by ABB under the
order. As used herein, the term "Purchaser" shall Include the Initial end use of the Eguipmentandfor services; provided, however, that Paragraph 13(a) shall apply
exclushvelyto the initial end user.
2. Prices.
(a) Uolass otherwise specified in writing, all Proposals expire thirty (30) daysfrom the date thereof.
(b) Unless otherwise stated herein, Services prices are based on normal business fours (8 a.m. to 6 p.m. Monday through Friday). Overtime and Saturday hours
will be bled at one and one-half (1112) times the hourly rate; and Sunday hours will be billed at two (2) times file hourly rate; holiday hourswill be Wad at three
(a) tmea the hourly rate. Ba Services rate sheet Is attached hereto. the applicable Services rates shall be those ast forth In the rate sheet Rates are sub)sc to
change without nottice.
(c) The price does not include arryfederat slate or local properly, license, priAlege, sales, use, excise, gross receipts, or other liketaxes which may now or
hereafter be applicable. Purchaser agrees to pay or reimburse arty such taxeswtgch ABB or its suppliers are required to pay or collect If Purchaser is exempt
from the payment of any tax or holds a direct payment permit Purchaser gall, upon order plaosmerd,.provide ABB a copy, acceptable to the relevant
govemmeptal authorities of any such certificate or permit
(d) The price Includes customs duties and other Importation or exportation fees, if any, at the rates In effect on the date of AWs Proposal. Any change after that
date In such duties, fees, or rates, shall Increase the price by ABB's additional cost
3. Payment
(a) Unless specfied tothe contrary In wrung by ABB, paymentfarms arenat cash, payable wfi outoftset In Untied Shies Dollars, 30 days from date of Invoke by
wire trairsferto rho accorrmdes(tgnated by ABB In the Proposal.
(b) If in the jWgmentof ABB the financial condition of Purchaser ataxy line priorto delivery does notjusltry the terms of payment specified, ABB may require
payment in advance, payment security satisfactory to ABB, or may terminate the order, whrereuponABBslrall be enticed to receive reasonable cancellation
charges. t delivery Is delayed by Purchaser, payment shall be due on the date ABB is prepared to make delivery. Delays In delivery or nonoonformities In any
Installments delivered shall not relieve Purchaser of its obligation toaccept and pay for remaining Installments.
(c) Purchaser shall pay, In addition to the overdue payment, a fate cfhatge equal tothe lesser of 1 112%per, month or any part thereof ortFo highest applicable
fate allowed bylaw on all such overdue amounts plusABB's atomeys' fees and court costs Incurred In contactor with collection
4. Chhangm
(a) Any changes requested by Purchaser affecting the ordered scope of work must be accepted by ABB and resulting adpnslments to affected provisions,
Including price, schedule. and guarantees mutually agreed in willing prior to implementation of the change.
(b) ABB may, at His expense, make such changes in the Equipment or Servkwas It deem necessary, In Its sole discretion. to conform the Equipmentor Services
totho opplicabte specilicatorm If PWdosm objacls tc arry suchcharWs, ABBshat be reteved of its ob igabon to cortmm to the opphcabte spedkatbns tothe
extent that conformance may be affected by such objec am
5. Delivery.
(a) All Equipment mantriactured, assembled orwarehoused in the continental United Slates is delivered F.O.B. poled of shipment. Equipment sFhlpped from
outside the continental United States Is deWered F.0.9. United States port of entry. Purchaser shall be responsible, for any and all demurrage ordetsntion
charges.
(b) If the scheduled delivery of Equipment Is delayed by Purchaser or by Force Majeure, ABB may move the Equipment to storage forthe account of and tithe
risk of PuacaecrwhereWon ksha8 bedeemed to be deWered
(c) Shippkrgand delivery dates are contrKjw4 upon Purchaser's timely approvals and delivery by Purchaser of any documentation required forAWs performance
hereunder.
(d) Claims for shortages or other erore In delivery must be made In writing to ABB within ten days of delivery. Equipment may not be returned except with the
prior written consertof and subject to terms specified fry ABB. Gains for damage after delivery shall be made directly by Purchaser aser with the common carrier
6. TitleB Rlsk of (ass. Exceptwith respect to Software (for whkhtite shag not pass, use being ficensed) t8e to Equipment shall remain in ABB unlit fully paid
for. NoWtstanding any agreement with respectfo delivery terms or payment of transportation Barges, risk of loss or damage shad pass to Purchaser upon
delivery.
7. Inspection, Testing and Acceptance.
(a) Any Inspection by Purchaser of Equlpmenton ABB's premises shad be scheduted in advance to be performed during normal working hours.
(b) It the orcler provides for factory acceptance tesrffrrg, ABB Shall notify Purchaser when ABBW41 conduct: such testing pnor to WprmTL UnlessPurchasershtes
specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchasers factory
accepts nee of the Equipment mW b authorization for shipment
(c) it the order provides for site acceptance testing testing will be performed by ABB personnel to vertry thatthe Equipment has arrived at site complete, rv&W
physical damage, and in good operating condition. Completion of site acceptance tesfhhg constitutes Id and feral acceptance of the Equipment 11, through no fault
WABB, acceptance testing 1s not eompletedwkMn thirty (30) daysafter arrival ofthe Equipmeutat the site, the elte acceptance testshad be deemed completed
and the Equipment shag be deemed accepted.
& Vknantles and Remedies.
(a) EcuiomentandservkesYlfarnantv. ABBwarramsthatEquyrment(ercludigSotbrdre,whichlswarramedasspediedinparagraph(d)below)shallbe
tfe8veredfreerid In matadatandworkrrrarsldpandthatservicesshag Wheeefdelecshnwakmanship. The Warranty Remedy Period for Equipment
(excluding Software, Spare Parts and Refurbished or Repaired Pads) shall end twelve (12) months after Installation or eighteen (18) months after date of
shipment, whichever fast occurs. The Warranty Remedy Period for new spare parts shall end twelve (12) months after date of shipment The Warranty Remedy
Period for refurbished or repaired pads shall end ninety (90) days after date of shipmerrt. The Warranty Remedy Period forSenficesshall end ninety (90) days
after the date of completion of Services.
fbh Equipment and Services Remedy, t a nononformity to the foregoi gwananty is discovered In the Eguipmentor Services during the applicable Warranty
Remedy Period, as specified above, under normal and proper use and provided the Equipment has been property stored, instaged, operated and maintained and
wri ten notice of such normdomtly is provided to ABB promptly after such disoovery and within the applicable Warranty Remedy Period, ABB shaft, at its option,
either (I) repair or replace the roru mMbrmirg potion of the Equipment or re -perform the nonconforming Services or refund the portion of the price applicable to
the nonconforming portion of Egtdpmerit orServhcem If any portion tithe Equipment or Services so repaired, replaced at we-per[ohned falls to conform to the
foregoing warranty, andwnten notice of such nonconformity Is provided to ABB promptly after discovery and within the oorml Vftaanity Remedy Period
applicable to such Equipment or Services or 30 days from completion of such repair, replacement or re,pedomance, whichever is later, ABBwid repair or replace
such nonoo.nformfng Equipment or re -perform the nonconforming Services. The original Warranty Remedy Period shad riot otherwise be extended.
ABB Inc. 10
2 ACM DRIVE
NATRONA HEIGHTS, PA 15065, USA
A1 R �y5x
Date: 7/12/2007
Proposal # DAW-070712-IA
(c) Exceptions. ABB shall not be responsible for providing working acoessto the nonconforming Equipment, including disassembly and reassembly of non-ABB
supplied equipment, or for providing transportation to or from any repairfacillty, all of which shall, beat Purchasers risk and expense. ABB shall have no obligation
hereunderwith respect to any Equipment which () has been Improperly repaired oraftered; (� has been subjected to misuse, negligence or accident (ii) has
been used In a manner contrary to ABB's instructions; (Iv) is comprised of materials provided by or a design specified by Purchaser; or (v) has failed as a result of
ordinary wear and fear. Equipment supplied by ABB but manufactured by others Is warranted only to the extentof the manufacturers warranty, and only the
remedies, if any, provided by the manufacturer will be allowed.
(d) Software Warranty and Remedlea ABBwarrai that except as specified below, the Software wilt when properly Instated, execute In accordance with ABB's
published specification. ff a tonoomomrity to the foregoing warranty is discovered during the period ending one (1) year afhuthe date of,shipment and written
notice of such norhcen formtty Is provided to ABB promptly aftersuch discovery and within thatperiod, inctudmg a description of the nonconformity and complete
Information a1 outthe mannerof its discovery, ABB shall oorrecttfe nonconformity by, at Us option, either(I) rtodityingor making available to the Purchaser
instructions for modifying the Software; or (11) making available atABEfstacillty necessary ooffectedoi, replacement programs. ABB shall have no obligation with
respect to any noncontor mlties resulting from () unauthorized modification of the Software or (f) Purchaser -supplied software or interfacing. ABB does not warrant
that the functions cordahed Irk the soAvrare will operate In eomblratiors which maybe selectedfor use byte Purchaser, or thatthe Somers products are free
from errors In the nature dwhat is commonly categorized by the computerinckistry as'buW.
(a) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER
WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER'S EXCLUSIVE
REMEDIES AND ABITSENTIRE LIABILITY FOR ANY BREACH OFWARRANTY. - -
8. Patent Indemnity.
(a)ABB shell defend at Its own expense any actiwh brought against Purchaser allegingthatthe Equipment orfine use of the Equipment to practice any process for
which such Equipment is specified by ABB (a -Process) directly Infringes any claim of a patent of the United Slates of America and to pay all damages and costs
finally awarded in any such action, provkled that Purchaser has given ABB prompt written notice of such action, all necessary assistance in the defense thereof
and the right to control all aspects of the defense thereof Including the right to settle or otherwise terminate such action In behalf of Purchaser.
(b) ABB shall have no obligation thereunderand this provision shelf not apply to: () any other equipment orprocesses, Including EquipmentorProcesses MOM
have been modified on combined with other equipment or profess not supplied by ABB; (g) any Equipmentor Process suppfiedaccordkV to a design, other than
an ABB design, required by Purchaser, (10) any products manufactured by the Equipment or Process; (Iv) any patent issued after the date hereof, or(v) any action
settled orot erwise terminated wiioutthe prior written consent of ABB.
(c) It in any such action, the Equip -meat is held to constitute an irdri gemard, orthee practice of any Process using it* Equipment is finally erdolned, ABB shag, at
Its option and is awn expense, procurefor Purcheserthhe dgltto continue using said Equipment or modify or replace it with nonn•kirigig equipment or, with
Purchaseesasslisixnee, modify the Ptooessso Batt becemes Wig; or rernwe it and refundthe portion f the price allocable to the Infringing Equipment
THE FOREGOING PARAGRAPHS STATE THE ENTIRE LIABILITY OF ABB AND EQUIPMENT MANUFACTURER FOR ANY PATENT INFRINGEMENT.
(d) To the extent that said Equorient or any pad thereof Is modified by Purchaser, or combined by Purchaser with equipment orprocesses-notfumishad
hereunder(excepttothe extent that ABB lea contrllxtory Infringer) or said EWApmentor any pan thereof Is used by Phudhaserto perform a process not furnished
hereunder by ABB or to produce an article, and by reason of said modification, combination, performance at production, an action is brought agalastABB,
Purchaser shall defend and IndemnffyABB in the same manner and to the same exterdthatABB wwadd be obligated to Indemnify Purchaser radar this'Patert
Indemnity' provision.
10. unifleftnefu"Uty.
(a) In no eventshatl ABB, Its suppliers or subcontractors be liable for specdat Indirect Incidental orco sequeMkl damages, whether in contract, warranty, fort,
negligence, strict iabiity or otherwise, rrcluding, tut rot Crafted to, Ions of peofds or revenue, loss of use ofthe Equonerdor any associated equipment, cast: of
capital, coati aubehtute equipment, factities or services, downtime costs, delays, and claims of customers of the Purchaser or oherth'ud parties for any
damages. ABB'a liability for any claim whether in contract warranty, tit negligence, strict liability, or otherwise for any loss or damage arising out of, connected
with, or resu Mang from this Agreemerdofthe performance or breach thereof, orfrom the design, manufacture, sale, delivery, resale, repair; replacement
installation, technical direction of Installation. Inspection, operation or use of any equipment covered by or furnished under tits Agreement, or from any services
rendered In connection therewith, shall In no case (except as provided In the section erditlesl'Patert Indemnity') exceed one-half (112) of the purchase price
allocable to the Equipment or pan thereof or Services which gives rise to the claim.
(b) All causes of action against ABB arising out of or relating to this Agreement or the performance or breach hereof shall oVke unless brought within one year of
the time of accrual thereof.
(c) In no evert; negartllassd cause, shall ABB be cable fw penattles or ponally clauses of any description orfor Indemnification of Purchaser or others for costa,
damages or expenses arisbVaid oforrelated bethe EquipmentandZenices.
11. Laws antl Regulations. ABB does not assume any responsibility for compliance with fedsratstate, or local taws and regulations, except as expressly set
forth herein, and complance with any laws and regulations relating to the operation or use of the Equipment or Sollware Is the sole responsibility of the Purchaser.
All axis and regulaffors referenced herein shag bethose in effect as d the Proposal date. In the event of arty subsequent revisions or dhargesthereto, ABB
assumes no responsibility foreompfiannce therewith. If Purchaser desuesa modification as a result of any such change or revision, it- -shag be treated as a charge
per Article 4. Nothing contained herein shall be oorstrued as impesmmg responsibility or labigy upo nABB for obtainig any permit, goerses m app ovals from any
agency required In connection with the supply, erection or operation of the Equlfxrient This Agreement shall be goverthed by the laws Wine State of New York, but
excluding the provisions of the United Nations Convention on Contracts thrthe International Sale of Goods and excluding New York lawwkh respedto cormicts of
law. Punches" agrees thatall causes of actions agaistABB nxderthdsAgreemertshall be brought in the State Cords ofthe Sate of New York, orthe U.S.
Dis§fctcoitfortheSouthern, ombidofNew York ttsay provision herad paft orcomplebally. shall be held invalid or unenforceable, such invalidity or
uneiftmabillily shad not affedany otter provision or poNin hereof and these terms shag be construed as i such invalid orurienforceable Immislon or portion
thereof had never eAsted.
12 OSHA. ASS warrants that the Equipmentwill comply with the relevant standards ofthe Occupational So" aid Health Act of 1970 COSHA) -arid The
regulations promulgated thereunder as of the dafeofthe Proposal. Upon promptwritten notice from the Purchaserofa breach ofthis, waffsnty, ABB will replace
the affected partorniodlify Itsothatitcordomis to ouch standard ornegLilatlDn. AB`sohtigatianshdbe*r&adbsuchrapboemertormod"iMaten. Innoevem
shall ABB he responsible for tiabiiy arising out of the violation at any OSHA standards relating to or caused by Purchasers design; location, operation, or
maintenance of the Equipment its use In awaclation with other equdpdrentof Purchaser, ores atteratbn of the Equipmentby any party of herthan ABB.
I& SoftwareLlconse.
(a)ASSowns all Fights InorhastheWdtesublicense all oftheSoll are, If any, to be delivered to Purchaser uhderthaAgreement, Aspart ofthesale made
hereunder Purdeser hereby obtains a limited license to use the Software, subject to the following; () The Software may be used only in conjunction with
equipment speciied by ABB; (7 The S01ware shag be kept stripy confidential; (s) The Software shag rot W copied, reverse englneereA or modifier; (rv)Thhe
Purchasers right to use the Sofware shag terminate Mmedatelywhen the specified equipment is no longer used by the Pwchaserorwhen otherwise terminated,
e.g. forbreack hereurdgr, and (v) the (WOW use the Software are nori exckrsive and nwinvsfeable, exceptw Ith ABWs priorwriten consort.
(b) Notting In this Agreement shag be deemed to oonueyia Purchaser arty 1rlletoorawrerstnipin the Sdfbvane othee iAailechl.11 property eontakiedthenekn In
whole or in pan, norto designate the SoMware a'work made for him' under the CopyrghtAct nor to confer upon any person who Is note named party totfis
Agreementary righter mine* underor by reason of this Agreement. In the eventof termiation oftNs license, Purchaser shah imtnedately cease ushg the
SofWareand, without retakningany mpIMnotes orexcerpts thereof, return to ABB the Software and all capasthereofand shagFemme all machine readable
Software fran all of Purchasers storage media
14. Inventions and Information. UNess oftwwse agreed Inwriting by ABB and Purchaser, all right title and interest In any Inventions, developments,
ImprovememsormodiicatbnsdaforEquipmentandServicesshallremaanwithABB. Any dosign,marugadurtrgdrawings orotherinformation submitted tothe
Purchaser remains the exclusive property of ABB. Purchaser shall FAA wihoutABB'spriorwridenciimergcopy ord such information to a third party.
ABB Inc. 11
2 ACEE DRIVE
NATROA(AHEIGHTS, PA 15065, USA
I
Proposal ## DAW-070712-IA
W
13 Date: 7/12/2007
Such Information shall be used solely for the operation or maintenance of the Equipment and not for any other purpose, including the duplication thereof In whole
or in part
15. Force Ma)eure. ABB shall neither be liable for loss, damage, detention or delay nor be deemed to be in defaWorfagure to perform whenjoreventedfrom
doing so by causes beyond its reasonable control Including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, ads or
omissions of any governmental authority or of Purchaser, compliance with government regulations, insurrection er riot, embargo, delays or shortages in
transportation or tnabil" obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its
suppliers orsubcorkmctom due to any of the foregoing enumerated causes. In the event of delay due to any such came, the data of delivery will be extended by
period equal to the defay plus reasonable time to resume productlon, and the price wgl be adjusted to compensate ABB for such delay.
1& Cancellation. Any order maybe cancelled by Purchaser only upon priorwri ten notice and payment ottwmination charges, Including but not limited to, all
costs Identifledto the order Incurred prior to the effective date of notice of termination and all expenses Incurred by ABB atblbutable to the termination, plus a fixed
sum of ten (10) percent of the final total pace to comperes for disruption in scheduling, planned production and other indirect costs.
17. Termination. No termination by Purchaser for default shall be effective unless, within fiifteen(15) days after receipt by ABB of Purchaeses written notice
specifying such default, ABB shall have failed to Initiate and pursue vdh due dglgence correction of such specified default
16. ExpontCotrtroL
(a) Purchaser represents and warrants that the Equipment and Services provided hereunder and the'dirrrct produW thereof are intended for civil use only and will
notbe used, direc* or Indirectly, forthe production of'chamleal orbiolog6i weapons orof precumorchemicalsfor such weapons, orforany director Indirect -
nucle0r end use. Purchaser agrees notto disclose. use, exportor re-export, directly or indirectly, any Information provided by ABB or the "direct product' thereof
as defined In the Export Control Regulations ofthe United States Department of Commerce, except In compliance with such Regulations.
(b) If applicable, ABB shallffle fora US. export License, but only after appropriate documentation for the license application has been provided by Purchaser.
Purchaser shall furnish such documentation within a reasonable tkne after order acceptance. Any delay In obtaining such license shall suspend performance of
this Agreement by ABB. If an export license is not granted or, if once gnanrted, Is thereafter revoked or modified by the appropriate authorities, this Agreement may
be canceled by ABS without liability fordamages of any kind resulting from such cancellation. AtAWs request, Purchaser shall provide to ABB a Latter of
Assurance and End -User Statement in aform reasornaMy, satisfactory to ABB.
19. Assignment Any assignment of this Agreement or of any rights or obligations under the Agreementwithout prior written consent ofABS shall be vold
20. Nuclear Insurance— Indemnity. Fbr applications In nuclear projects, the Purchaser andror its end user customer shag have complete Irnsurane protection
against liability and property damage resulting from a nuclear mciderittoand shall indemnify ABB. Ns subcontractors, suppliers and vendors againstall claims
resulting from a nuclear incident
21. Resale, If Purchaser resells any of the Equipment, the sale terms shag Nmit ABB's liability to the buyer to the same extent thatABB's Itabxlly to Purchaser Is
limited hereunder.
22. Entire Agreement.7his Agreementoonstitutes the entire agreement between ABB and Purchaser. There are no agreements, urderstandmgs, restrictions,
warranties, or representations between ABB and Purchaser other than those set forth herein or herein pro✓kled.
ATTEST:
MANUELA GIRON, City Clerk
APPROVED AS TO FORM:
JEFF A. HARRISON, City
Attorney
CITY OF VERNON
By:
LEONIS C. MALBURG
Mayor
ABB INC.
By:
Name:
Title:
By:
Name:
Title:
ABB Inc. 12
2 ACEE DRIVE
NATRONA HEIGHTS, PA 15065, USA
�!r
Proposal # DAW-070712-IA � r �`� Date: 7112,2007
ABB Standard Service Rate Sheet — 2007
Primary Work Hours
The following labor rates are applicable during Primary Working Hours (PWH) defined as
an 8-hour period beginning between 7:00 A.M. and 10: 0.0 A.M. Monday through Friday,
excluding national and ABB recognized holidays. The primary work hours include a one
half-hour non -paid lunch period and two 15-minute breaks during the day.
Base Service Labor Rates
Technologv Service Tvne Hourly Rate
Drives and Motors
Field Services
$200-��
Open Control systems
Field Services
$190
(OCS)
Process Application Engineering Services
$288
Paper Quality Control
Field Services
$190
Systems & Web Imaging
Sensor Specialist Services
$230
Systems (QCS &WIS)
Systems Engineering Services
$230
Process Application Engineering Services
$288
Turbine Control Systems
Field Services
$230
Field Services (Process Application
$288
Engineering Service) ADVANT/Procontrol
Flame Scanners
Field Services
$230
All
Project Management Services
$230
Process Control Tuning Services
$230
Regional Technical Advisor, Network &
$288
Security Services
Process Optimization Services
$288
Overtime Hours
For billing purposes ABB Inc. defines overtime as those hours worked outside the
Primary Working Hoursor in excess of eight (8) hours in one day. The standard charges
for overtime are defined as follows:
e All work performed outside thePWH or over 8 hers in one day is charged at one
and one half times the labor rate (Base Service Labor Rate X 1.5).
• All work performed on S turda is charged at one and one half times the labor rate
(Base Service Labor Rate X 1.5).
• All work performed on Sunday is charged at two times the labor rate (Base Service
Labor Rate X 2).
• All work performed on national or an ABB holiday is charged at three times the labor
rate (Base Service Labor Rate X 3).
Telephone Support ................. ................................... ....... .................. $400.00 per hour
ABB Inc. 13
2 AGTE DRIVE
NATRONA HEIGHTS, PA 15065, USA
Proposal # DAW-070712-IA FIR UP
Date: 7/12/2007
• A minimum of one (1) hour is charged per request.
* Additional charges are in one -hour increments beyond the first one (1) hour period.
Travel Costs
• Travel expenses are charged at 72 cents / mile or actual public transportation costs
plus 10%.
• Living expenses are charged at actual costs incurred plus 10%.
Conditions of Service
• Chargeable time includes time spent at the client's facility, round trip travel, time
spent off -site preparing written reports, and the time for all other activities required on
the client's behalf.
• A minimum of four (4) hours is charged for any service call to a client's facility.
• ABB Inc. General Terms and Conditions of Sales apply.
• All orders are subject to credit approval by ABB.
• The standard delivery lead-time for parts and materials is eight weeks from
acceptance of order.
• All information contained herein is proprietary data of ABB Inc. and that no
disclosure, reproduction or use by third parties may be made without written
permission of ABB.
• Customer, approves the use of their company names in ABB newsletters, press
releases, proposals, experience lists, and resumes (for proposal purposes) of our
employees.
ABB Inc. 14
2 ACEE DRIVE
NATRONAHEIGHTS, PA 15065, USA
PI installation
Cost break -down for ABB data collecting server
(ABB Quote DAW-070712-1A)
1. Hardware and software for the ABB data collecting server
ABB 800xA Base System with OPC-Client Connection ...... USD 30,559.73
• 8OOxA system Software
4000 Tags
• ABB specific hardware (RTA board, MB300 communication
module, connection cable to MB300 bus)
• Documentation
Dell Server ............................................. ........................ USD 3,912.00
Total hardware and software .USD 34 471.73
2. Off site work
Loading and testing of Computer (2 days) .......................... USD 4,608.00
3. On site work
Site specific installation (5 days) .............................
• Install hardware
• Connect ABB server to MB300 bus
• Provide OPC connection to PI system
4. Travel and living cost
Travel and living cost ........................
..... USD 11,520.00
USD 7,094.00
1
vil
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 26, 2008
ABB, Inc.
Attn: Donald Westfall
2 Acee Drive
Natrona Heights, PA 15065
Re: Equipment Purchase and Services Agreement
Dear Mr. Westfall:
The insurance requirements have been met. Transmitted herewith is a
fully executed agreement as referenced above, approved by City Council
on November 6, 2007, through Resolution No. 9452.
If you have any questions regarding this matter, please call Mr. Donal
O'Callaghan at 323/583-8811 ext. 834.
Vle
ry truly yours,
lly Gi o
City Clerk
NG:dr
c: Donal O'Callaghan
Dolores Jaunzemis
Resolution No. 9452
Agreement File No. 07-128
E-�c(usivefy Industria(
m.
4r,"WIMP IF
EQUIPMENT PURCHASE AND SERVICES AGREEMENT
Proposal Date: 911312007
Proposal Number: DAW-070712-IA
Prepared By: Donald Wesffall
Customer: City of Vernon
Malburg Generating Station
2715 E 50th Street
Vernon, CA 90058
Attn: Adriano Marki
GenerationABB Power
ProposalSystern
ABB Inc.
2 ACEE DRIVE
NATRONA HEIGHTS, PA 15065, USA
Proposal # DAW-070712-IA n s 0 Date: 7/12/2007
Table of Contents
Tableof Contents............................................................................. I
Introduction......................................................................................
2
Site Work: PI Connection Equipment ............................................. 3
Scopeof Supply:............................................................ ..........
3
Site Work: Services: Installation of Process Portal A OPC
equipmentfor PI............................................................................... 4
Site Work: Services: PI Connection Equipment ............................ 5
Pricing Summary for P1 Connection Equipment ........................... 5
GENERAL REQUIREMENTS............................................................ 6
Logic d Applications Software Changes ......................................... 5
Cliff( OF VERNON'S RESPONSIBILITIES: ...................................... 6
PricingSummary.............................................................................. 7
CommercialSummary...................................................................... 9
ABB Inc. General Terms and Conditions of Sale ........................
10
ABSStandard Service Rate Sheet—.2007....................................13
ABB Inc.
2 ACHE DRIVE
NXI-RONA HEIGHTS, PA 15065, USA
M ON
Proposal # DAW-070712-IA
BY m Date: 7/12/2007
Introduction
ABB's world -class support offerings allow you to maximize productivity and
minimize- lifecycle costs. With unparalleled knowledge resulting from many
decades as an industry -leading automation supplier, ABB Service is uniquely
qualified to help manage all aspects of your control systems, drives, analytics,
and/or quality control products and systems in numerous, that you rely upon to
maximize your production in demanding industrial applications.
ABB's commitment to performance optimization is evident in every aspect of our
dynamic portfolio of services delivered through more than 10,000 service
professionals worldwide. We continue to invest in new technologies and adapt our
services to help you achieve operational excellence through reliability in production
assets, processes, and people and position you as a leader in your industry today,
tomorrow and well into the future.
It's all about performance - ABB's comprehensive portfolio of services from field
service, support services and spare parts to consulting, optimization, and complete
outsourcing supports every stage of the product life cycle and ensures maximum
performance of your automation equipment.
ABB Inc.
2 ACEE DRIVE
NATRONA HEIGHTS, PA 15065, USA
Proposal # DAW-070712-IA
�}
INv�Y✓ �
T3`;d
11
�Date: 7/12/2007
Site Work: PI Connection Equipment
Scope of Supply:
Sales price
Article number Qty Description
[US$]
xA Base System
Includes one Operator Workplace, one
Engineering Workplace, AC800M
Connectivity, Redundant Aspect Server,Plant
Explorer, Topology Status Viewer, Softpoint
Server, Scheduler, Primary History Logs
(logging of signals for operator trends for up to
3 months), 10 Asset Monitors and Diagnostics
3BSE044753R1 1 Collection
3BSE031540R2 4 1000 tags, non -redundant
800xA for Advant Master
(One per system.)
38SE031542R2 1 RTA board needs to be ordered separately.
800xA OPC-Client Connection
This enables third party OPC clients to
conned to 800xA via the 800xA OPC server.
3BSE031545R1 1 One per external access.
Type I subscription (1 2 concurrent users) to
3BSE046742R1 1 Automation Sentinel
Concurrent Users - The number of Clients and
Remote Clients plus one Client from the Core
3BSE047697R1 1 System
$27,211.09
1.2 800xA 5.0 System - Media and Documentation (3BSE0450551B)
Sales price
Article numbar Qty Description
[US$]
Industrial IT 800xA Software Version 5.0, DVD
Product Box
Including: Industrial 1T 8t)0xA System Version
5.0 and User Documentation on DVD,
3ESE044765R50 1 Installation Manuals, and Mouse Pad.
3BSE034584R1 1 RAINBOW SuperPro Dongle for USB
$,511.64
This computer will provide the OPC interface to the Pt Server only, it
can not be used as an operator station as all the Aspect Server
software items are not there. The system is expandable and can be
used as a machine interface.
ABB Inc. 3
2 ACEE DRIVE
NATRONA HF,IGHTS, PA 15065, USA
A
AR N11 1
yY `'S�ra.,�a v
Proposal # DAW-070712-IA
Date: 7/12/2007
1.3 800xA for Advant Master -
HW and Documentation (3BSE045059/8)
Sales price
Article number Qty
Description
[US$]
PU515A Real -Time Accelerator (RTA) board
for PCI bus (Master/MOD eDCN systems).
Installed in 3.3V or 5V PCI slot or PCI-X slot.
Including CS503V1 dual channel MB300
communication module and 16Mbyte RAM.
3BSE032401 R1 1
With two 15-pin female Dsub connectors.
TK626V050 Cable assembly. Connection
Cable 5 m (16 ft). For RTA board.
With Dsub connectors: 15-pos socket to 15-
pos pin. For connection of RTA board comm.
port to transceiver for ThickNet comm_ With
screw fixing at the RTA port connector and
sliding latch at transceiver.
Cable for connection between system unit and
3BSE019210R5 1
transceiver for MB300.
$2837.01
OPE 1
Dell Computer (see specifications below)
$3,912.00
SUBTOTAL
$34,471.73
Site Work_ Services: Installatinn of Pmeacs Pnrtal o nPr amiinman+fnr P1
No.
Item
Unit
Total (USD)
1.
ABB SCOPE OF WORK
1 Lot
See next
page
1. Load all software on computer to be provided by City of
Vernon
2. install new hardware at site.
3. Connect Process Portal to MB 300 and ensure accurate
communication.
4. Provide OPC connection to PI system.
"Note: Each node of the Advant system is envisaged to be 2 days.
All corresponding node to node = 1 day
Total number of days = 7 days at site
2.
ENGINEERING HOURS:
1. On site work will be on hourly basis.
2. The time on site (approx. 5 days) will be used to complete
and test each and every aspect of the hardware and
software.
ABB Inc. 4
2 ACEE DRIVE
NATRONA HEIGHTS, PA 15065, USA
MR me Nip
B&A 1*� N
Proposal # DAW-070712-1A a Date: 7/12/2007
Site Work: Services: PI Connection Equipment
No.
Item
Unit
Price/Unit
Total
(USv)
�usn
1.
Loading and testing of Computer off site
2 Days
2,304
4,608
2.
Site Specific Installation to be Performed at the City of
5 Day
2,304
11,520
Vernon
Travel and Preparation Time
No.
Item
Unit
Price/Unit
Total
dlSD
USD
1.
Travel and Living Cost( Estimate only)
2,486
2,486
2•
16 hours travel time.(Estimate only)
2 Day
2,304
4,608
• All travel time (c- $288 US/Hour
Pricing Summary for PI Connection Equipment
The total price for PI Connection Equipment portion of DAW 070712-1A:
Scope of Supply
3. Services:
• Scope of Supply for PPA connection to PI .............. USD 34,471.73
• Travel and Preparation ......... ........................ ............ USD 7,094.00
• Off Site work ................................................. .......... USD 4,608.00
• On site Work ................................................ ............ USD 11.520.00
Total: SC 57,691.73
ABB Inc. 5
2 ACEE DRIVE
NATRONAIiEIGIITS, PA 15065, USA
NINE
Proposal # DAW-070712-IA 3` 1101 Date: 7/12/2007
GENERAL REQUIREMENTS
• ABB will ensure that the customer is formally provided with all information
generated relating to changes or updates to the Advent DCS system.
• The customer will undertake the necessary steps in order to ensure the free
access to plant sites, and rooms for ABB personnel.
• The customer will contact the ABB to communicate the dates of the on -site
support mission and will specify the details of the required support either through
email or fax.
Logic / Applications Software Changes
• ABB is not authorized, and shall not make, any changes to the Advant Power
logic / applications software without the customer's prior written agreement.
• The customer is responsible for ensuring it obtains any necessary third party
approvals prior to providing ABB with the necessary written authorization to
implement any logic /applications software changes.
• ABB, under instruction from the customer, may investigate any aspect of the
DCS system providing no chan9es are made to the DCS logic / applications and
provided the DCS is not operated or maintained contrary to Operation and
Maintenance instructions.
Note: All the 08500 units will be directly connected the F/O router (If the distance from
OS500 to the F/O router is more then 50-ft then a dedicated switch should be provided
for each OS500 station). City of Vernon should consult with a F/O specialist to fix its
network from a RING type to a BUS type (STAR configuration).
CITY OF VERNON'S RESPONSIBILITIES:
1. Check the system load for each controller and send us the details.
2. Complete source code copy (DI3 & PC both) from each controller
3. Provide a list of I/Os they want ABB to configure to communicate between
different controllers. The number of engineering hours will be determined by this
information.
4. If there is any modification require on any OS500 then it needs to be also
explained up front with the list of displays. No changes are expected, however if there is
changes per graphic =1.5 days of additional field service time. This is inclusive of
Graphics testing. Field 1/0 and instrumentation related to the changes of the.dynamic
graphic will NOT be included.
5. F/O work should be completed and tested by the F/O specialists.
6. F/O configuration must follow the STAR (or BUS) configuration.
7. During the configuration work if there is any shortage of cables (both FO and thin
LAN blue cables) then City of Vernon will have to buy those cables
8. Configuration of PI system, to make is communicate with AC400 Connect, is not
part of ABB's scope.
ABB Inc. 6
2 ACEE DRIVE
NATRONAHEIGHTS, PA 15065, USA
Proposal # DAW-070712-IA
Date: 7/12/2007
9. City should take the responsibility of PI System configuration and the associated
work in the AC400 Connect Server.
Note: All the configuration related work will be done on -site as I do not have any
system in the shop to test. Data Sets can only be configured and implemented only
when the controllers are in CONFIGURATION mode. it means the plant must be down
during the commissioning time.
Note: Actual numbers of days at site will depends on Plant's availability to assist with
installation and to conduct system testing. The final amount of days will charge
according to Field Service Time Sheet signed by the Plant's authorized personnel
Pricing Summary
ABB is please to provide this proposal for ABB's Products and Services.
The total price for proposal DAW 070712-lA:
Pricing Summary for PI Connection Equipment:
• Scope of Supply for PPA connection to PI .............. USD 34,471.73
With computer (see details)
• Travel and Preparation ......... ........................ ............ USD 7,094.00
• Off Site work ................................................. .......... USD 4,608.00
• On site Work ................................................ ............ USD 11.520.00
Total• USD 57.6 3�
If this proposal meets with your approval, please submit your purchase order referencing
proposal number DAW-070712-IA to:
Joe Palmer
Customer Service Manager
ABB Inc.
2 Acee Drive.
Natrona Height, PA, 15065
Fax: 724-295-6560
ABB Inc. 7
2 ACEE DRIVE
NATRONAHEIGHTS, PA 15065, USA
$ 0062
�s frtt rr�� 9
F k t�'
Proposal # DAW-070712-1AARF �30116Date: 7/12/2007
Computer Components
Dell Server Style Computer
Dual Core Intel® Xeon® 5130, 4MB Cache, 2.00GHM 333MHz FSB, Windows Servers
2003 R2, Standard Edition,lncludes 5 CALs
PowerEdge. Dual Core Intel® Xeon® 5130, 4MB Cache, 2.00GHz, 1333MHz FSB
Operating System Windows Servers 2003 R2, Standard Edition, Includes 5 CALs
Additional Processor Single Processor only
Memory 2GB 533MHz (4x512MB), Single Ranked DIMMs
TCPIIP Offload Engine
Enablement Broadcom TCPIIP Offload Engine Not Enabled
Riser Card Riser with 2 PCI-X Slots (3 Volts) and 1 PCIe Slot
Primary Hard Drive 73GB, SAS, 3.5-inch, 10K RPM Hard Drive
Primary Controller SAS 5/i Integrated, No RAID
Floppy Drive 1.44MB Floppy Drive, Internal, Black
Mouse No Mouse Option
Network Adapter Intel® PRO 1000PT Dual Port Server Adapter, Gigabit NIC, Cu, PCIe
x4
CD/DVD Drive 24X IDE CD-RWIDVD ROM Drive
Bezel Rack Bezel
Backplane 1x4 Backplane for 3.5-inch Hard Drives
Documentation Electronic Documentation and OpenManage CD Kit
Hard Drive Configuration Integrated SAS/SATA No RAID, SAS 5h Integrated
Chassis Configuration Rack Chassis w/Sliding RapidNersa Rails and Cable
Management Arm,Universal
Hardware Support
Services
3Yr BASIC SUPPORT: 5x10 HW=Only, 5x10 NBD Onsite
Installation Support
Power Supply Non -Redundant Power Supply
TOTAL:$3,912.00
This is the minimum required hardware, due to changes in computer offerings the
model cannot be ascertained at this time. Additional requirements are built into
the price.
ABB Inc. 8
2 ACEE DRIVE
NATRONA HEIGHTS, FA 15065, USA
lip M
Proposal # DAW-070712-IA �� Date: 7/12/2007
Commercial Summary
Terms and Conditions
The Terms and Conditions of this proposal are based on the ABB General Terms
and Conditions of Sale. No other terms and conditions shall apply.
Delivery
Delivery is approximately 8 weeks after receipt and acceptance of an order.
ABB Service
All services, in reference to this proposal, are provided per the ABB Standard Rate
Sheet except as indicated below.
• Services provided beyond the agreed to scope will be invoiced at $288.00 per
hour for a Field Service Representative plus travel and living expenses.
Payment Terms
ABB's proposal is based on the following payment terms.
• 100% upon acceptance of order.
Taxes and Duties
All other taxes and duty not explicitly expressed herein will be bill to the
consignee. This include VAT or/and Service related Withholding tax.
Proposal Validity
This Proposal is subject to acceptance within sixty (60) days from the date of
proposal. All prices, schedules, and technical descriptions are valid throughout this
period.
Confidentiality
The information contained in this proposal is proprietary to ABB Inc. and may not be
disclosed to any third party or company without the written consent of ABB Inc. —
Natrona Heights, PA USA
ABB Inc. 9
2 ACEE DRIVE
NATRONAM, GIM, PA 15065, USA
IN,
AM
i7s
Proposal # DAW-070712-1A IM I II Date: 7/12/2007
ABB Inc. General Terms and Conditions of Sale
1. General. The tons and conditions contained herein, togeMerwkh any additional or different terms contained InABSs Proposal, If any, submitted to Purchaser
(which Proposal shall control over any cortllcting terms), constihuta the entire agreement(the Agreament") between the parties with respect to the order and
supersede all prior communications and agreements regarding the order. Acceptance by ABB of the order, or Purchasers icceptanos of APB's Proposal, is
expressly limited to and conditioned upon Purchasers acceptance of these terms and conditions, payment for or acceptance of any performance by ABB being
acceptance. These terms and conditions may not be changed or superseded by any different or additional terms and conditions proposed by Purchaser to which
terms ABB hereby objects. Unless, the context otherwise requires, the term "Equipment' as used harem means ail of the erpiµx M parts, accessories sold, and
all software and sotbvaredocumentallumhany, licensed to Purchaser by ASS fSoftware') underthe order. Unless the context otherwise requires, the term
"Service' as used heroin means all labor, supervisory, technicaland engineering, Installation. repair, coreubV or other services provided by ABB under the
order. As used herein, the term "Purchaser' shag malude the Initial and Liss of the Equipmentandfor services; provided, however, that Paragraph 13(s) shall apply
exclushrelytothe Initial and user.
2. Prices.
(a) Unless othenYl&e specified in writing, all Proposals expire thiry (30) daysfrom the date thhereof.
(b) Unless enheirbe stated herein, Servkres prices are based on normal business hours (8 am to 6 pm. Monday uncWh Friday). Overtime and Saturday hours
will be billed at one and arse -hag (t 1n)tlmea the hourly rate, and Sunday hours w91 be billed at two (2) times the hourly rats; holiday horns will be tilted at three
M gmea @s hoaly nds. tie services late sheet Is attached hereto. the applicable Services rates ahall be those setfoM Inthe rate~ Rates apesutrJ eD
charge without notice_
(c) The price doss not Include any faderal, state or local prepedy, license, pdvitega, sales, use, excise, gross recefpds, crotisr like taxes which may now or
hereafterbeapplkable. Purchaser agrees to pay or reimburse arry such laceswhich ASS orb suIopflers are required to pay orcollect if Purchaser Is exempt
from the payment of any tax or holds a direct payment permit, Purchaser &hall, upon order plaeemsnt, provide ABB a copy, acceptable to the relevant
governmental autlrottles of any such eaNkele or permit
(d) The price InckWes customs duties and other Importation or exportation teas, Mary, at the rates in effect on the dab of APB's Proposal. Any charge after that
data In such dudes, fees, or rates, shall Increase the price by APB's additional cost
3. Payment
(a) Unless spwftd tothe cortrary In YMM by ABB, payment terms are net caalk payable withoutoftset In United 54tas Dollars, 30 days from dab of trryoMa by
Me barsferbtheaccorntdas(ryrated by ABB In the Proposal.
(b) If In the judgnentof ABB the financial condition of Purchaser starry time priorto delivery does notjusM the firms of payment specified, ABB may require
paymerd in advance, paymatsectr" satisfactory toABB, or may terminate the order, whereupon ASS Shall be entitled to receive reasonable cancellation
charges. If cloth" Is delayed by Purchase, payment shall be due on the date ABB IS prepared to make delivery. Delays in dellvM or nonomformilles m any
Irawlhnerds delivered shall rat relieve Purchaser of tts obligation to acceptand.pay fm remainng kntaltrnerrts.
(c) Purchaser shall pay, In addMon b the overdue payment, a late charge equaltothe lower of i IM per month or any partthereof orthe hlgtnest applicable
rate allowed bylaw on 40 such overdue amounts plus ABB§ attorneys' fees and court costs fnwned in comocson with collection.
0. Changes.
(a) Any changes requested by Purchaser attedkg the ordered scope of work mustbe accepted by ABB and resulting adjustments to affected provisions,
ircbdtrg price, sclhedude, and guraranbes muMuaNy agreed m vnBng ptiorto implemanmplion of the change.
(b) ABB may, at itsexperse, make such changes In the Eguipmentor Sewlces as ttdeems necessary, in Its sole discredork to conform the Equ)pmentor Services
to the extent applicable
�M conformance
dffFur naserobjects affected by Ua suchchanges,ASBaballbeWavedofits obligation toconkwmbtheapplicable specNkatiorstothe
6. Dellvery.
(a) All Equipment mamdactured, assembled orwarehhoused In the continental United States is delivered F.O.B. point of shdpment Eq ulpmerd shipped from
oulsWe the contmentat UOItsd States Ill delivered FOE. United States port of entry. Purchaser shag be responsible for any and all demurrage ordetardbn
charges.
(b) If thescheduied delivery of Equipment Is delayed by Purchaser or by Force Majaure, ABB may move the Equipmerdto storage forthe aeocuntof and atthe
risk of Puaclhaserwhareuponn Itshall be deemed to be delivered.
(e)SMppirggrid delivery dabs are exxft" upon Rrshasan's timely approvals and delivery by Purchaser of any documentation requited forABB's performance
hereunder. -
(d) Claims for shortages or otheremors Ira delivery must be made Inwtlting to ABB vftn ten days of delivery. Equipment may not be returned exwptwltih the
prior written corsertof and subjectta turns specified by ABB. Claims for damage after delivery shag be made directly by Purchaser with tyre common sander
6. Title uS Rlsk of Lass. Fxceptwntn respect to Software (for whkh ttie Shag not pass use being licensed) title to Equipment shelf remain in ABB until fugy pail
for. Notwithstanding any agreement with respectto delivery terms or payment of tarsporfation charges, risk of loss or damage stall pass to Purchaser upon
delivery.
7. Inspealk"; Testing and Acceptance.
(a) Any Inspection by Prrchnaseral Equlpmemon ABB's premises snag be scheduled In advance to be performed during normal warktrg hours.
(b) ROreorderpmvkiestwf kxyameptancetnMIABBsNurso VPwchasetvAnenABBwkcorOidsschtesWgpdortosMpment tlntessPtsctwssrstates
specft objections in wf&g within ten (10) days after completion olfactory acceptance testing, completion of the acceptance test constutes Purchasers factory
acceptance of Ora Equipment and Its audhoriza0on for shipment
(c) If the order provides for sla acceptance McWs testing will be performed by ASS personnel to vertiy that the Equipment has arrived at site complete, without
phyalcaldamage, aw In good operating canditiom Completion Of site acceptance 6asttrg constitutes Mend finalacceptance of the Equipment ILUuoughratad
of ABB, aceeptancetestkng lenotcompletecivdtirkh thirty (30) days atfararelval &the Equipmerdatthe ska, the aft acceptance todshag be deemed complabd
and the Equipment shall be deemed accepted
& Ytfuranrttes and Rein edie%
(a)_EgutmmentandservkesWananty. ABBwarmntslbatB*dpment(e)ckdrgSoMare;whkhlsvmmntedasspedredinpongraph(d)bebw)shaabe
degvered6ee of defects in matatlal andwadcmarshYpand that Sarvkesahag be tare ofdelacb inwr>rlmrenslrip.The UhmMy Remedy PerbdfatEqutpmert
(excluding Software, Spare Pans and Refurbished or Repaired Parb) shall end twelve (12) months after loon or eighteen (18) manMhs afferda0e of
shlpmetM, vNhNJnever firstoocurs. Thee Warmuty Remedy Period for new Spare parts shag end Mretve (12) nWMhs afterdate of shipment The Waoardy Remedy
Period for refurbished or repaired pads shall end ninety (90) days aft date ofshipmerd The Warranty Remedy PedodforServicesshalt end ninety (9g) days
after the date of completion of Senfoes.
(b) Eaulomen t and SeMees Remedy. If a nonconformity
to e foregomgwananty is discovered in the Equaprnentor Services during to applicable Wananty
Remaly Period, as speei lad above, under normal and proper use and provided the Equipment has been properly stored, kofthad, operated and malutsined and
wngten notice of such mrneadomdly Is provided to ABB promptly alter such discovery and within the applicable Warraunty Remedy Period, ASS shall, at its option,
G&W 0) repair or MPI& a the rrorcorMbmning pMion of the Equiptnerkor re•perfarm the nomonforming Services or refund the portion of the price applicable to
the nonoerrormkhg portion of Equipment or Services. If any portion of the Equipnertor Services so sepaired, replaced or repertohned falls to conform to the
foregoing benaft ndlprafteofsuchnonoortor ilyIsprovidedtoASSpromptlylaafterdiseoveryandarwithinthewhorlBualWarrantyRem
edyPeriod
suchnonowfumME nnttor rtorm,thednoncaMomYnpgSwvkxm eodg4WV shag noto0tanvbkkbeAwdfedrepatrorrapiece
ABB Inc. 10
2 ACEE DRIVE
NATRONA HEIGHTS, PA 15065, USA
A
Proposal # DAW-070712-1A
°� Date: 7/12/2007
(c) Exceptions_ ABB shall not be responsible for providing working access to the nonconforming Equipment, including disassembly and re -assembly of non.-ABB
supplied equipment, or for providing transportation to or from any repairfacillyr, all of which shall be at Purchasers flak and expense. ABB shall have no obligation
hereunder with respect to any Equipmentwhlcb () has been Improperly repaired or altered; (h) has been subjected to misuse, negligence or accident (III) has
been used In a manner cordrary to ABBb Instructions; (iv) Is comprised of materials provided by or a design specified by Purchaser; or(v) has rafted as a resultof
ordlnary west and tear. Equipment supplied by ASS but manufactured by others Is warranted only to the extentof the manufacturey'swarranty, and only the
remedies, Harry, provided by the manufacbserwill be allowed,
, ) Sofhvare Warranly and Remetlles ABBwarmudsthat exeaptas specified below, the Solhrare wA when properly Installed, execute in accordance with AB&s
published apecllMIlon.tanoncorl miry to theforegoingwanardyIsdisarvereddurrhngtheperiodendingone(1)yearaterthedateofshipmentandwritten
notice of such nonowdormfly Is prawkied to ABB promptly aftersuch discovery snJ within thatimlod,InckMhrgaclawdptlonorthenonconfortngyandcomplete
Information obwAthe mammal its discovery, ABB shag corredthe nonconformtly by, atria option, eMw () modlfybg or making avallabte to the Purchaser
h ftdJw s for mod'iyingtt*Sd erarp-or(1) mapng avagabie atABBstacggy nacemrywnectedor mplacemant progmnis. ABB ehall have no obligatian with
rasped to any nonoontomntties resulting from () unauthorized modification of the Software or (g) Purchaser -supplied software or Interfacing. ABB does not warrant
that the functions cwrnsihed In the software will operats In combinations which may be selected for use by the Purchaser, or rhatthe software products are free
from emre In the mature Of What Is commonly categonaed by the computer industry as •bugs'.
(e) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER
WRITiEN, ORAL OR IMPLIED, AND ALL QTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER'S EXCLUSIVE
REMEDIESAND AB&S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY.
9. Paleatindemrtlq.
(a)ABB shalldefend at Its own expaimte any action bmugtdopkOPurMasat R%OingMd#* EqutpmerdorOo useatthe EquipmerRb practice any process by
which such Equ omentts specified by ABB (a "Process) directly knfri ges any claim are patent M the United States M America and b pay alldamages and costs
finally awarded in anysuch action, provided that Purchaser lose given ABB promptvrfltem notice of such action, all necessary assistance In tha defense thereof
and the dghtto oortrolaY aepectsMthe defense thereof including the rightto settle or ofi erwiseterndrate such action In Wag or purchaser.
(b) ABB dmk tave no obligation hereurderaW Oft provision shallratapplyta () any eiheregWpment or processes, inckidi g Equydmema Processes, which
have been modified or combbhedwith otherequlpmeM or process not supplied by ABB; (i) any Equipmentor Proome suppgedaaordfngto a design, other than
an ABB design, required by Purchaser (M) any products manufactured by the Equipment or Process; (ty) any patent Issued afterthe date hereat, or (v) any action
settled orathenvisetenniatedwgfwidthepriorwrittenconsentofABB. -
(c) It, in any such action, the Egplpnurd is held to consu3me an irdiigamerd, orthe practice at any process usingthe Equipment Is finally enjoined, ABB shall, at
Its option and Its awn expense, pmcurefor Purchaserthe dghtto continue ustng said Equipment or modify or replace ftwth nondMdgghhg equhxnentor, with
Purchasers assistance, modify the Prooessso thi tit becomes or remove land rahmdthe porbmof the prim allocablato the frtdriging Equipment
THE FOREGOING PARAGRAPHS STATETHE ENTIRE LIABILITY OF ABB AND EQUIPMENT MANUFACTURER FOR ANY PATENT INFRINGEMENT.
(c) To the extant that saki Equipment or any part thereof is modtled by Purchaser, of combined by Purchaser with equipment orproceeees nptfumished
hemunder(exoepttmthe extemttatAB8Igo contributory infringer) or said Equ ipmontor any part t emarls used by Purchaserto perform a process ratfutnished
thereunder by ASS onto produce an arhde, and by reason of said modification, combination, performance or production, an action is bronglt agai stABB,
Purchaser shay defend and bdemntyABB In the same mantel and tote same exbnt thetABBwohdd be obligated to Indemnify Pumfarmurdarthis'Paterd
ldomnity" proviebn
10, umhation of I gtrllity.
(a) In noeventsheg ABB, its suppliersorsunoonbadors be table for special hdieA incidental oreosequu" damasps, whether in conhack warranty, tort,
g ,strict warthorwdse,hrcksti bttno'tgmtedto. lonOf obotFavenue,lossofuseoftheEqulpmerdoramyassociatedequipment; castor
eq pm urt facigtes or services, downtime costs, delays, and claims of customers of the Purchaser or other third padles for any
damages. ABU$ liability for any claim whather in contract, warmnly, tort, negligence, strict Ifs 94, or otherwise fora" loss or damage wlsN out of, connected
With, or resudikg from this Agreement or the pedormarce or breach thareof, or from the design, manufacture, sale, delivery, resale, repair replacement
installation, technical direction of Installation, irspeow. operation or use at any equipmentaovered by or funishad under thisAgmenent or rmm any senrbas
rendered In connection thelewth, shag in no case (exceptae provided In the section entillsd "Patentlndem WJ exceed onohall' (1r4 of the pucbase price
allocable to the Equlpmentor part thereof or Services which gives rise to the claim.
(b) AN Causes of action agaInstABB adding out or or role" to this Agreernent arthe performanceorbreachhereofshagexpireunlessbroughtvd tnoneyearof
the tuna of accrual thereof.
(c) In no eveK regardless of cause. shal ASS be gable br parral(lesor penalty clausesof any descroon orfor lindismyrifficaftri of Purchaser or others for costg,
or expanses arisig ott of or relkied bfhe Equomertsnduser !Den
11. Laws and Regulations. ABB does not assume any responsibility for compliance with fedemt state or local laws and regulations, except as expressy set
forth herein, and compliance with any laws and regulations r eft In dw operation or use of the Equipment or Software is the sole responsibility of ilia Purchaser.
AN laws and reghralbns referenced herein shall betase in effect as of the Proposal date. In the evert of any subsequent revisions or changestheretq ABB
assures no responsibility forcompfiarce liherevvW h Purchaser desi esa modifkabm east n"of arty such cchange or rsvisiory ftsball be treated asa change
perArtkce4. MOM* contained herebaball be construed as knIoDsingiresporalbillyorliablity, uponABB brobtalining any parrots, licamosorapproyalefirom any
agency required In con eclion with the supply, erection or operation of the Equipment ThlsAgreement shag be govenwd by the taws of the Slate of New York, but
exduxtrg the provisions of the United Nation Convention on Conbacb forthe Inbnatoral Sale of Goons and exckudkg New York lawn tr nspedto conflicts of
law. PurcaseragreesthatatcausesofaqtionagakstABBtadertdsAgreementshallbebhoightbteStateCourtsoftheStabofNewYon,brtheU.S.
DJs§IctCotrtforthaSouthern OUtrictorNow Yorktany pmvisfonlereof party orcompletely shaYbetold krvalidorirenforceabb,such Invalidly, o
u erfiarceabity stag not a felony other provision or portion hemorand tuese iemsshag be construed as t such imralki oruentorceabla provision or portion
thereof had never existed. -
12 OSHAABBwanants, Mat the EquIpmentwillcomply with the rele-vantstandards, alto O=Vaftml Booty aM Heath Actor 1970 (*OSFK,) wW the
regulations promulgated thereudwas of the date of the Proposal. Upon pamptwddm notice from the Puxcaserof a breach dtlb warranty, ABB wA replace
teaNededpadornwdfytsotatkcordorm OmchstardaMonogWalbn. ABB'sobGgationMAbeTmiladtosufchreplsoematormodfipatan. inmeveha
shall ABB be responsible for YaWty arising out of the violation Many OSHA standards relating 10 or caused by Purchaser's design, locatiM operation, or
maintenance tithear*neK its use in association wtth o#w equipmentof Purchaser, orthe alteration ot#m l5quipmentiry any party otharthan ASS,
I& sof wars ucerrea
MASS owns at rights In or beethe rigfrt In sublicense at of the Software, kany, In be delivered to Purohser u ndertdaAgmamerR As partof the sale made
hereunder Purchaser hereby obtains a lknW license to use the Software, subject b the following. () The Sotbvare may be used only In conjunction with
equipment specified by ABS; (a) The Software ahall be kept strictly confidential; (a) The software shag not W copied, room engineered, or modified; (IV)The
Purchasers right to use the SofhvarsshagtennInateIrmaeftlely, When the specified equipment Is no longer used by the Purcfiase? or when otherwise tenrydruiled,
e.g. forbreach, hereunder, and (v) the rights Jo use the Sari vans are noo-e "*m and non�ftrhsfwabe, exceptwrth AWs pdorwstten consent.
(b) Nothing In this Agreement awl be dawned to conreyb Purchaser any titetoor ownership in the Solbvate orthe ideflxdrah property contal edthereku In
whole or in pad, nor to designate t o Software a Nowk made for Hre" under the Copyright Act, nor to corder upon any person who Is not named party to this
Agreementaryr(ghtorremedy undworbymason oftisAgmement IntmavMtOftermibmofttfaLkense,Purdgmr#atimrnedlatel cemLmfrgthe
Soltwareard, Wftut ratainigany topic; ratesor excuprls thereof, return to ABB to SCMrare and all copies thereat and stet remove all machine readable
Software From at of Purchasers skrage media.
14, inventions and Information. Unlace otherwise agreed in writing by ABB and Purchaser, all rght We and hrlerest in any Inventions, developments,
ImprovementsormodificatiosoforforEquipmerdandSawkesshatremainwthASS. AnydedmmamgactiakgdrawkrgsorodwhiwnWbnsuhmibdtota
Purchaser remains the exclusivepropwWofABB_ Purcasershall nokwltputABBbpdorwdtlenconsent copy ortisdosea"inlorrmtiontoarikdparty.
ABB Inc. 11
2 ACEE DRIVE
NATRONAHEIGHTS, PA 15065, USA
z� MN
�x� j MEN,.-
�
ME ME -� �s.
Proposal # DAW-070712-IA F Date: 7/12/2007
Such Information shall be used solely for the operation or maintenance of the Equipment and not for any other purpose, Including the duplication thereof In whole
or In part
15. Force Ma)eure. ABB shall neither be liable for loss, damage, datentton or delay nor be deemed to be in default forfagure to perform when prevented from
doing so by causes beyond ft8 reasonable control Including but rat limited to acts of war (declined or urxfeclared), Acts of God, fire, strike, labor difficulties, ads or
omissions of any govemtrintal au Uw ft or of Purchaser, compliance with government regulations, Insurrection or riot, embargo, delays or shortages In
transport ion orIrmblgtybobtain necessary labor, materials, or manufacturing facilities from usual souirces or from defects or delays In the performance of its
suppliers orsubcorhaehots due to any of the foregoing enumerated causes. In the eventef delay due to any such cause, the dale of delivery will be extended by
period "to the delay plus a reasonable time to resume production, and the price will be adjustecito compensate ABBfor such delay.
I& Cancellallom My order maybe cancelfed by Purchaser only upon priorwritten notice and payment oftermination charges, IncludIng but not limbel to, all
costs Identified to the order Incurred prior to the effective dab of nobcce of termination and all expenses Incurred by ABB attributable to the termination, plus a fixed
sum of ten (10) percent of the final total price m compensate for disruption in scheduling, planned production and other Indirect costs.
17. Termination. No termination by Purchaser for default shall be effective unless, within fifteen (15) days offer receipt by ABB of Purchaser's written notice
specifying such default, ABB shall have failed to initiate and pursue wgh due diligence correction of such speci0ed defandt
113. export COWOL
(a) Purchaser represents and wararristhat the Equipment and Services provided hereunder ant the -(Urgd prodrrcC Ifiereot are Intended for civil use only and will
not be used, directly, or tnxsreetiy, forthe production of chemical or biological weapons orof pnxulsorchemkals for such weapons, orfor any direct or indirect
nuclearend use. Ptcchmer agrees sotto disclose, use, export or re-export directly or indirectly, any Information provided by ABB orft direct product thereof
as defined In the ExportCor" Regulations of the United States Departmentof Commerce, except in compliance with such Regulations.
(b) It appllcable, ABB atsllfile for a US. export license, but only after approprlate doeumentatdonfor the license application has been provided by Purchaser.
Purchaser shag famish such documentation within a reasonable tine after order acceptance. Any delay In obtaWng such license shall suspend performance or
this Agreement by ABB. It an export license Is not granted or, H once granted. is thereafter revoked or modified by the appropriate authorities, this Agreement may
be canceled by ABB wittrmd liabilty fordamagea of any kind resulting from such cancellation. AtAB6's request Purchaser shall provide to ABB a Left of
Assurance and End -User Statement Ina form reasouabiy satisfactoryto ABB.
19. Assignment. Any assignment of this Agreement or of any fthts or obligations under the Agreementwilhout prior written consent cfAB8 shall bevold
X Nuclear Insurance —Indemnity. For applications in nuclear projects, the PurchaserarxYor Is end user customer shag have complete insurance protection
against 116WIly and property damage restWng from a nuclear Incklentto and shelf indemnify ABB, Its, subcontractors, suppliers and vendors against an claims
resultug from a nuclear Incident
21. Resale. It Purchaser resells any of the Equipment the sale terms shag HmRABWs Itablltty to the buyer to the same extent thalAWs liability, to Purchaser is
limited hereunder.
22. Entire Agreement This Agreementconstfhubs she entire agreement behveenABBand Purchaser. Them are no agreements, urcbrshandhgs, restrictions,
warranties, or representations between ABB and Purchaser oftwftn those set lath herein or herein provided.
CITY OF VERNON
BY:O
�LEONI�SC.MAL URG
A
Mayor
TEST:
MAN
UELA GIRON, Cit Clerk
VP
S TO FORM:
J A. ISON, City
me
ABB I
By:
j"44
Name:
2
Title:
By -
Name.
� iQ oc:fll.L t s
Title:
vP4C4- f
ABB Inc. 12
2 ACRE DRIVE
NATRONA HEIGHTS, PA 15065, USA
Mom` ME �x�p
Proposal # DAW-070712-IA URP Date: 7/12/2007
ABB Standard Service Rate Sheet — 2007
Primary Work Hours
The following labor rates are applicable during Primary Working Hours (PWH) defined as
an 8-hour period beginning between 7:00 A.M. and 10: 00 A.M. Monday through Friday,
excluding national and ABB recognized holidays. The primary work hours include a one
half-hour non -paid lunch period and two 15-minute breaks during the day.
Base Service Labor Rates
Technology Service Tvae Houri-Rate
Drives and Motors
Field Services
$200
Open Control systems
Field Services
$190
(OCS)
Process Application Engineering Services
$288
Paper Quality Control
Field Services
$190
Systems & Web Imaging
Sensor Specialist Services
$230
Systems (QCS &WIS)
Systems Engineering Services
$230
Process Application Engineering Services
$288
Turbine Control Systems
Field Services
$230
Field Services (Process Application
$288
Engineering Service) ADVANT/Procontrol
Flame Scanners
Field Services
$230
All
Project Management Services
$230
Process Control Tuning Services
$230
Regional Technical Advisor, Network &
$288
Security Services
Process Optimization Services
$288
Overtime Hours
For billing purposes ABB Inc. defines overtime as those hours worked outside the
Primary Working Hourss or in excess of eight (8) hours in one day. The standard charges
for overtime are defined as follows:
• All work performed outside the PWH or over 8 hours in one day is charged at one
and one half times the labor rate (Base Service Labor Rate X 1.5).
• All work performed on Saturday is charged at one and one half times the labor rate
(Base Service Labor Rate X 1.5).
• All work performed on Sunday is charged at two times the labor rate (Base Service
Labor Rate X 2).
• All work performed on national or an ABB holiday is charged at three times the labor
rate (Base Service Labor Rate X 3).
Telephone Support..............................................................................$400.00 per hour
ABB Inc. 13
2 ACEE DRIVE
NATRONA HEIGHTS, PA 15065, USA
111 4MOMR
Proposal # DAW-070712-1A
wn � O, � P Date: 7/12/2007
• A minimum of one (1) hour is charged per request.
* Additional charges are in one -hour increments beyond the first one (1) hour period.
Travel Costs
• Travel expenses are charged at 72 cents I mile or actual public transportation costs
plus 10%.
• Living expenses are charged at actual costs incurred plus 10%.
Conditions of Service
• Chargeable time includes time spent at the client's facility, round trip travel, time
spent off -site preparing written reports, and the time for all other activities required on
the client's behalf.
• A minimum of four (4) hours is charged for any service call to a client's facility.
• ABB Inc. General Terms and Conditions of Bales apply.
• All orders are subject to credit approval by ABB.
• The standard delivery lead-time for parts and materials is eight weeks from
acceptance of order.
• All information contained herein is proprietary data of ABB Inc. and that no
disclosure, reproduction or use by third parties may be made without written
permission of ABB.
• Customer approves the use of their company names in ABB newsletters, press
releases, proposals, experience lists, and resumes (for proposal purposes) of our
employees.
ABB Inc. 14
2 ACEE DRIVE
NATRONAMGHTS,PA 15065, USA
PI installation
Cost break -down for ABB data collecting server
(ABB Quote DAW-070712-1A)
1. Hardware and software for the ABB data collecting server
ABB 800xA Base System with OPC-Client Connection ...... USD 30,659.73
• 800xA system Software
• 4000 Tags
• ABB speck hardware (RTA board, MB300 communication
module, connection cable to M8300 bus)
• Documentation
Dell Server .................................................................. . USD 3,912.00
Total hardware and software .USD 34,471.73
2. Of site work
Loading and testing of Computer (2 days) .......................... USD 4,608.00
3. On site work
Site specific installation (5 days) ......................................... USD 11,520.00
• Install hardware
• Connect ABB server to MB300 bus
• Provide OPC connection to PI system
4. Travel and living cost
Travel and living cost.......................................................... USD 7,094.00
1