HomeMy WebLinkAboutPW Storm Water Pump Station Cellular UpgradeCITY OF SAN RAFAEL
Department of Public Works
111 Morphew Avenue
San Rafael, CA 94901
Public Works Contract for Projects up to $175,000
This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and
Telstar Instruments ("Contractor") a Corporation authorized to do business in California, for work on h
City's Storm Water Pump Station Cellular Upgrade ("Project"), and is effective o , 20
("Effective Date").
The parties agree as follows:
1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies,
transportation, and any and all other items or services necessary to perform and complete the work
required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms
and conditions of this Contract, including all attachments to the Contract and any other documents and
statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or
are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This
Project requires a valid California contractor's license for the following classification(s): A
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below:
2.2 Contract;
2.4 Exhibit A — Scope of Work;
2.6 Exhibit C — Noncollusion Declaration;
3. Contract Price. As full and complete compensation for Contractor's timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay
Contractor $19,885 (the "Contract Price") for all of Contractor's direct and indirect costs to perform the
Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs,
in accordance with the payment provisions contained herein.
3.1 Payment. Contractor must submit an invoice on the first day of each month during the
Contract Time, defined in Section 3 below, and/or upon completion, for the Work performed during the
preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor
warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of
any claims, liens, or encumbrances upon payment to Contractor.
3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor
must provide City with a payment bond and a performance bond using the bond forms included in this
Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must
be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent,
Contractor must provide a substitute bond from a surety acceptable to City within seven days after written
notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may,
in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's
expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract.
4. Time for Completion. Contractor will fully complete the Work within one year from the date the
City authorizes Contractor to proceed with the Work ("Contract Time").
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5. Deleted
6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of
care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at
Contractor's sole expense, any Work that the City determines is deficient or defective.
7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the
term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the
required California contractor's license and a City business license.
8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold
harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and
volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses,
and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Contractor's acts or omissions
with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or
willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount
or type of damages or compensation payable under Workers' Compensation or other employee benefit
acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract.
City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201.
9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage
required in this section to cover the activities of Contractor and any subcontractors relating to or arising
from performance of the Work. Each policy must be issued by a company licensed to do business in
California, and with a strength and size rating from A.M. Best Company of A -VIII or better. Contractor
must provide City with certificates of insurance and required endorsements as evidence of coverage with
the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage.com/ upon
request by the City, and before the City authorizes Contractor to proceed with the Work.
9.1 Workers' Compensation. Statutory coverage is required by the California Workers'
Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized
Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance
with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis,
including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in
performing the Work, including Contractor's protected coverage, blanket contractual, products and
completed operations, broad form property damage, vehicular coverage, and employer's non -ownership
liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.
9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired
vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury,
death, or property damage.
9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer
waives any right of subrogation it may have against the City or the City's insurers.
9.5 Required Endorsements. The CGL policy and the automotive liability policy must include
the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and
consultants (collectively, "Additional Insured") must be named as an additional insured for
all liability arising out of the operations by or on behalf of the named insured, and the policy
must protect the Additional Insured against any and all liability for personal injury, death or
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property damage or destruction arising directly or indirectly in the performance of the
Contract.
(2) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies
have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss ("primary and non-contributory").
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision
that such coverage will also apply on a primary or non-contributory basis for the benefit of
City before the City's own insurance or self-insurance will be called upon to protect it as a
named insured.
(5) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to
all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section
1720, and the related regulations, including but not limited to requirements pertaining to wages, working
hours and workers' compensation insurance. Contractor must also post all job site notices required by
laws or regulations pursuant to Labor Code section 1771.4.
10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under
Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in
sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's
office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775,
Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or
portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying
each worker the difference between the applicable wage rate and the amount actually paid.
10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a
legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum
of $25 for each day during which a worker employed by Contractor or any subcontractor is required or
permitted to work more than eight hours during any one calendar day, or more than 40 hours per
calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work
must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or
authorized in writing by City.
10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records
in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by
the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors
must certify under penalty of perjury that the information in the record is true and correct, and that it has
complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price
is under $25,000, Contractor must electronically submit certified payroll records to the Labor
Commissioner as required under California law and regulations.
10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the
apprenticeship requirements in Labor Code section 1777.5.
10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance
monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the
exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform
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public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the
Contract Price is for under $25,000.
11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which
require every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the Work on this Contract."
12. Termination
12.1 Termination for Convenience. City reserves the right to terminate all or part of the
Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice;
comply with City's instructions to protect the completed Work and materials; and use its best efforts to
minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for
damages, including for loss of anticipated profits from the Project. If City terminates the Contract for
convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract
termination, as well as five percent of the total value of the Work performed as of the date of notice of
termination or five percent of the value of the Work yet to be completed, whichever is less, which is
deemed to cover all overhead and profit to date.
12.2 Termination for Default. The City may terminate this Contract for cause for any material
default. Contractor may be deemed in default for a material breach of or inability to perform the Contract,
including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment
to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees,
subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules,
or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the
Work within the Contract Time; or responsibility for any other material breach of the Contract
requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the
Work satisfactorily performed before Contract termination.
13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the
dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are
incorporated by reference.
14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will
not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, regardless of the character of any such breach.
15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for
the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as
complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the
Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work
or materials, including repair or replacement of any other Work or materials that is or are displaced or
damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
16. Worksite Conditions.
16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in
a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must
remove and properly dispose of debris and waste materials from the Work site.
16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City
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16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract
does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as
identified by any federal, state, or local law or regulation. If Contractor encounters materials on the
Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the
asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work
in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area
affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous
materials may be used in performance of the Work.
16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if,
during the performance of the Work, Contractor discovers utility facilities not identified by City in the
Contract documents, Contractor must immediately provide written notice to City and the utility. In
performing any excavations or trenching work, Contractor must comply with all applicable operator
requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends
deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104.
17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a
separate set of as -built drawings while the Work is being performed, showing changes from the Work as
planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be
updated as changes occur, on a daily basis if necessary.
18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have,
maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or
policy or in violation of any California law, including under Government Code section 1090 et seq. and
under the Political Reform Act as set forth in Government Code section 81000 et seq. and its
accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
19. Non -Discrimination. No discrimination will be made in the employment of persons under this
Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person.
20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
this Contract as an independent contractor. Contractor is solely responsible for its means and methods in
performing the Work. Contractor is not an employee of City and is not entitled to participate in health,
retirement or any other employee benefits from City.
21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5,
Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes
of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright
Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services, or materials pursuant to the Contract or any
subcontract. This assignment will be effective at the time City tenders final payment to Contractor,
without further acknowledgement by the parties.
22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must
be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable
overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon
delivery unless otherwise specified. Notice for each party must be given as follows:
City:
Address: 111 Morphew Street
City/State/Zip: San Rafael, CA 94901
Phone: (415) 485-3373
Attn: Ryan Montes
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Email: ryan.montes@cityofsanrafael.org
Contractor:
Name:
Telstar Instruments
Address:
1717 Solano Way #34
City/State/Zip
Concord, CA 94520
Phone:
(925) 671-2888
Attn:
Tammy Misenhimer
Email:
contracts@telstarinc.com
23. General Provisions.
23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and
local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws,
conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced
workers who are not employed by the City and who do not have any contractual relationship with City,
with the exception of this Contract.
23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract is deemed to be inserted, and the Contract will be construed and enforced as though such
provision has been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
23.3 Assignment and Successors. Contractor may not assign its rights or obligations under
this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's
and City's lawful heirs, successors and permitted assigns.
23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract.
23.5 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Superior Court of Marin County, and no other place.
23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a
writing duly authorized and signed by the parties to this Contract.
23.7 Integration; Severability. This Contract and the Contract documents incorporated herein,
including authorized amendments or change orders thereto, constitute the final, complete, and exclusive
terms of the agreement between City and Contractor. If any provision of the Contract documents, or
portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract documents will remain in full force and effect.
23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so
by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor
is a corporation, signatures from two officers of the corporation are required pursuant to California
Corporation Code section 313.
[Signatures are on the following page.]
Storm Water Pump Station Cellular Upgrade Up to $175,000 Contract
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The parties agree to this Contract as witnessed by the signatures below:
CiScily
s/--
JiManager
Date: 3 —7-2,L
Attest:
s/ �• ! lr'
Lindsay Lara, Cit Clerk;
Date:
/ I
CONTRACTOR: TELSTAR INSTRUMENTS
Business Name
App r ved as to for :
- 6"s/ \
Robert F. Epstein, City Attorney
Date:? 7
s/ 'S �1/i�c Seal:
ROBERTS MARSTON -PRESIDENT
Name/Title
Date: MARCH 2, 2022
S/ —T
TAMMY MISENHIMER - CONTRACT ADMINISTRATOR
Name/Title
Date: MARCH 2, 2022
422364 (C7, C10, A, B); EXP. 05/31/22
Contractor's California License Number(s) and Expiration Date(s)
Exhibit A: Scope of Work
Exhibit C: Noncollusion Declaration
END OF CONTRACT
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Exhibit A
SCOPE OF WORK
Storm Water Pump Station Cellular Upgrade Up to 5175,000 Contract
Bid Bond
Approved by City Attorney, dated 2/27/2020
Exhibit A
A
T y l e T❑ I Vel;v
INSTRUMENTS Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
12-6-21 Sent by Paul Berson, P.E.
City of San Rafael, Streets Dept.
111 Morphew St., San Rafael, CA 94901
Sent via Email: ryan.montes@cityofsanrafael.org
Attn: Ryan Montes
Subject: SCADA Radio Cellular Upgrade
Reference: SR10-39235
Dear Ryan,
Telstar Instruments is pleased to offer this proposal for the above referenced project.
Riii�ld�]H] �'31t3»/�94:Z►JI�I �'I
1. Provide and install Qty (10) Cellular Gateways with antenna to replace existing INET radios. The
following sites are affected:
a. Peacock Lagoon Pump Station
b. Lindaro Pump Station
c. Corporate Pump Station
d. North Fran Pump Station
e. Montecito Pump Station
f. Rossi Pump Station
g. Canal Pump Station
h. Kerner Pump Station
i. San Quentin Pump Station
j. Corpyard
2. Provide and install Qty (1) Protocol converter
3. Existing power supplies will be repurposed at each site.
4. Labor to program devices and bench test.
5. Provide as -built information.
6. We will need to be setup with Verizon as an authorized contact for your account in order to set
up the wireless network. Cellular service to be provided by owner.
1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507
4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096
202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028
Page 1 of 4
I
Trw TAP.,r,-
I N S T R U M E N T S Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
Lump Sum Price for this Scope................................................................................................. $19,885
Shipping and Handling for Telstar Supplied Materials is included.
Sales Tax is not included.
This quotation is based on Customer's representation that this IS a prevailing wage project.
CLARIFICATIONS EXCEPTIONS AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to COVID
clause RE: MATERIAL PRICING AND DELIVERY under Terms and Conditions)
b. This quotation is based on the inclusion of Telstar's standard Terms and Conditions as part of
any purchase order, contract or other agreement.
c. Telstar's quotation includes only those items listed above. Requests for additions/deletions
from our scope will require a change in the quoted price.
d. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing,
or acceptance of any equipment not furnished by Telstar under this proposal.
e. Please reference the above stated quote number in all correspondence and purchase orders.
TERMS AND CONDITIONS
Base Terms: Quotation is valid for 30 days from the date of Telstar's quotation. Payment is due and payable 30 days
from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18-3/4% per annum)
will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs
and costs of collection will be paid to the prevailing party. The cost for permits and bonding are excluded unless
expressly referenced in Telstar's quotation. Our standard insurance applies unless agreed to in writing by Telstar.
Telstar's standard one year parts only warranty applies to this quotation. All other warranties, express or implied, or
referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of
merchantability or fitness for purpose. Unless expressly stated in Telstar's estimate, this quote is based on standard
straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and
materials specifically listed within the body of this quote. Service calls are charged at a 4 -hour minimum per person,
excluding travel time. Unless expressly stated in the quotation, training, operation and maintenance manuals, and
preparation of as built drawings are excluded from Telstar's scope of work.
Limitation of Liability: (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect,
incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise,
including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment,
cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays, and claims of customers
of Customer, its officers, directors, members employees or any third parties for any damages. Telstar's liability for
any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising
out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from 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 this Agreement, or from any services rendered in
connection therewith, shall in no case exceed twenty-five percent (25%) of the purchase price allocable to the
Equipment, part or Services that is the subject of the claim. (b) All causes of action againstTelstar Instruments arising
out of or relating to this Agreement or the performance or breach hereof shall are deemed barred unless brought
within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar
Page 2 of 4
A
INSTRUMENTS Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
Instruments be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold
harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the
Equipment and/or Services provided by Telstar.
Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default
for failure to perform when prevented from 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, acts or omissions of any
governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo,
delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities
from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the
foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by
period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate
Telstar Instruments for such delay.
Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar
for all costs associated with this Quotation or subsequent order, including but not limited to engineering, labor,
materials, quote and estimating time, and product return fees, plus a ten percent (10%) markup to compensate for
disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within
ten (10) days from the date of submission of charges by Telstar.
Entire Agreement: This Quotation constitutes the entire agreement between Telstar and Customer. There are no
agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than
those set forth herein or herein provided. This Quotation may only be amended, changed or revised by a written
amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force
or affect.
Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement
with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence
and will supersede any and all other conflicting Terms and Conditions.
Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals,
Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will
prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering
time and other costs in preparing re -submittals.
Prevailing Wages: Telstar relies upon Customer's representations as to whether this Project requires payment of
prevailing wages. Customer agrees to defend, indemnify and hold Telstar harmless from and against any and all
claims, actions and demands, including but not limited to payment of legal fees, fines, back pay, and any penalties
or interest, associated with Customer's inaccurate representation of whether prevailing wages are required to be
paid.
TELSTAR'S COVID AND INDUSTRY CLAUSE RE: MATERIAL PRICING AND DELIVERY: Telstar is unable to hold prices
on materials for more than 7 days. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our
vendors and manufacturers are experiencing unprecedented delays due to COVID-19 staffing, a shortage of
containers, port congestion, and raw material shortages that have extended lead times significantly. Telstar reserves
the right to amend the delivery date and the price of materials set forth in this quotation. Telstar considers any of
the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject
to Force Majeure provisions.
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SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
We look forward to working with you on this project. If you have any questions, please contact me at
the phone number below.
Sincerely,
Paul Berson, P.E.
Sr. Project Manager/Project Engineer
C925-250-9346
Page 4 of 4
Exhibit C
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the PRESIDENT [title] Of TELSTAR INSTRUMENTS
[business name], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in
a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to
any corporation, partnership, company, association, organization, bid depository, or to any member or
agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or
entity for such purpose.
This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 §
112.
1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on 03/03122 [date], at
CONCORD [city], CA [state].
ROBERT S. MARSTON
Name [print]
END OF NONCOLLUSION DECLARATION
Storm Water Pump Station Cellular Upgrade Up to $175,000 Contract
Subcontractor List
Approved by City Attorney, dated 2/27/2020
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Ashley Dohrmann (for Ryan) Extension: 3352
Contractor Name: Tel -Star Instruments
Contractor's Contact: Paul Berson Contact's Email: pberson@telstarinc.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City
1/21/2022
Attorney c/o Laraine.Gittens@cityofsanrafael.org
®AD
2
City Attorney
a. Review, revise, and comment on draft agreement
2/7/2022
® LG
and return to Project Manager
2/7/2022
® LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
Click or tap
❑
contractor
to enter a
date.
4
Project Manager Forward three (3) originals of final agreement to
Click here to
❑
contractor for their signature
enter a date.
5
Project Manager When necessary, contractor -signed agreement
® N/A
agendized for City Council approval *
*City Council approval required for Professional Services
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Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
Project Manager
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Forward signed original agreements to City
3/2/2022
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Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
3�3/
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
Attest signatures, retains original agreement and
10
City Clerk
O
AV
forwards copies to Project Manager