HomeMy WebLinkAboutPW Cayes Pump Station UpgradeAGREEMENT FOR PROFESSIONAL SERVICES
FOR CAYES PUMP STATION UPGRADE
This Agreement is made and entered into this lD day of M&I-01 , 201 , by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and TELSTAR INSTRUMENTS,
a California corporation (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that design services are required for the Cayes Pump
Station Upgrade; and
WHEREAS, the CONTRACTOR has agreed to render such services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. CITY'S Project Manager. Hunter Young is hereby designated the PROJECT
MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress
and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. Paul Berson is hereby designated as the PROJECT DIRECTOR
for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as follows:
CONTRACTOR shall provide services outlined in CONTRACTOR's proposal dated February 12,
2020, marked Exhibit A, attached hereto and incorporated herein.
DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties
described in Exhibit A, attached hereto.
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4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR a lump sum payment of $6,000.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR.
TERM OF AGREEMENT.
The term of this Agreement shall be for two (2) years commencing on upon the date of
execution of this Agreement. Upon mutual agreement of the parties, and subject to the approval of
the City Manager the term of this Agreement may be extended for an additional period of up to two
(2) years.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after termination.
OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection with
its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with
CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONTRACTOR's performance of services under this Agreement.
Where CONTRACTOR is a professional not required to have a professional license, CITY reserves
the right to require CONTRACTOR to provide professional liability insurance pursuant to this
section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A ofthis section above shall also meet the following requirements:
1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONTRACTOR'S insurance policies
shall be "primary and noncontributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
"primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as
ISO form CG20 0104 13
3. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONTRACTOR hereby grants to
CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire
against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but
this provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
Insurance requirements of this agreement are sufficient to cover the obligations of the
CONTRACTOR under this agreement.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER
or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement
page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of
policy language or specific endorsements evidencing the other insurance requirements set forth in this
Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and
endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of
the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold
harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONTRACTOR'S performance of or operations under this Agreement,
CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRINIINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY's Project Manager:
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Hunter Young
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Paul Berson
Telstar Instruments
1717 Solano Way, Unit 34
Concord, CA 94520
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR
under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
22. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective
successors and assigns.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of counterparts,
each of which shall be deemed an original, but all of which together shall constitute one document.
Counterpart signature pages may be delivered by telecopier, email or other means of electronic
transmission.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
HUTZ, Ci ager
ATTEST:
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CONTRACTOR
By: ,
Name:��ij
Title:
[If Contractor is a corporation, add signature of second
corporate officer]
LINDSAY LARA, City Clerk
By: 7 ,
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APPROVED AS TO FORM: Name:
Title:
ROBERT F. EPSTEIN, City ttornefy
Exhibit A
TCE-m L Q T A 0
INSTRUMENTS Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
February 12, 2020
Hunter Young, P.E.
Assistant Public Works Director/City Engineer
111 Morphew Street
San Rafael, CA 94915-1560
Sent via Email: hunter.young@cityofsanrafael.org
Attn: Hunter Young
Subject: Cayes Pump Station Upgrade — Engineering Services
Reference: 10-36304
Dear Hunter,
Telstar is pleased to offer this proposal for design services for the above referenced project. The Cayes
Pump Station is an existing duplex storm water pumping station. The existing motor control center will
be replaced in-kind, and remote telemetry/control features will be added. Currently the pumps are
controlled by a HydroRanger with a level transducer. A new PLC, radio, and antenna mast will be added,
the existing controls moved to the new MCC, and the existing SCADA system programming at the Corp
Yard will be modified to add this new site.
SCOPE OF ENGINEERING SERVICES
1. Produce one (1) control schematic illustrating installation of a new PLC, a new radio, and
movement of the existing controls components to the new MCC.
2. Produce a bill of materials for new control system materials, including the new PLC, radio,
antenna, and required appurtenances. Materials will be selected for compatibility with existing
City standards. The bill of material will include make and part numbers for the new
components.
3. Provide a screenshot of an existing SCADA pump station screen, and a brief paragraph
description of how the Cayes Pump station will be added to SCADA to match existing City
Standards.
4. Produce an 1/0 list for the Cayes Pump Station.
5. Production of programming control strategies or other specifications are not included in this
scope of services.
6. Produce a Class 4 AACE level Engineer's Estimate to include:
a. Controls and SCADA Materials
b. Assembly labor for controls components
c. Programming Labor for PLC and SCADA programming
d. Controls Electrical Installation Labor (not including installation of the new MCC)
e. Startup and Testing Labor for the controls system
7. A Radio Survey for the system is EXCLUDED.
1717 Solaro 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 3
T � LST-
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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...............................................................................................$6,000.00
CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. This quotation is based on the inclusion of Telstar's standard Terms and Conditions as part of
any purchase order, contract or other agreement.
b. Telstar's quotation includes only those items listed above. Requests for additions/deletions
from our scope will require a change in the quoted price.
c. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing,
or acceptance of any equipment not furnished by Telstar under this proposal.
d. 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 against Telstar 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
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
Page 2 of 3
I
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INSTRUMENTS Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
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 shall take
precedence and shall 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.
Bonding: Cost of Bonding is not included. Contact Telstar for a quote if bonding is required.
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 Engineer/Project Manager
w(925) 671-2888, c(925) 250-9346
Page 3 of 3
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: Hunter Young Extension: 3408
Contractor Name: Telstar 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
2/13/2020
Attorney c/o Laraine.Gittens@cityofsanrafael.org
MIK
2
City Attorney
a. Review, revise, and comment on draft agreement
2/25/2020
❑x LG
and return to Project Manager
2/25/2020
❑x 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
2/26/2020
❑x BG
contractor
4
Project Manager
Forward three (3) originals of final agreement to
3/2/2020
Nx IK
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
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
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
3/4/2020
IK
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
3/S/L
D ',
agreement
K�
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
?-6 - ob
Kl'
official
10
City Clerk
Attest signatures, retains original agreement and
forwards
3'Cl 120
'
copies to Project Manager