HomeMy WebLinkAboutAgenda Report - December 21, 2016 C-06TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
c-�
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to the
Professional Services Agreement with Telstar Instruments, of Sacramento, for
Storm Station Telemetry Upgrades ($98,975) and Appropriating Funds ($98,975)
MEETING DATE: December 21, 2016
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment
No.1 to the Professional Services Agreement with Telstar
Instruments, of Sacramento, for storm station telemetry upgrades,
in the amount of $98,975, and appropriating funds in the amount of $98,975.
BACKGROUND INFORMATION: The City of Lodi (City) currently owns and operates 14 storm water
pump stations and associated storm basins. These facilities utilize
Supervisory Control and Data Acquisition (SCADA) system to
remotely monitor and control their function. The central SCADA system for the water system, storm and
sewer lift stations is located at the Surface Water Treatment Facility (SWTF).
The City's storm drain infrastructure is expanding due to the increase in residential development,
requiring a number of minor storm system improvements including upgrades to hardware, software,
and programming needed to coordinate the storage, conveyance, and discharge of the City's expanding
stormwater collection system.
The City and Telstar Instruments (Telstar), entered into a Professional Service Agreement (PSA),
approved by City Council on June 17, 2015. The PSA included SCADA integration, programmable logic
controller maintenance, instrumentation maintenance, and 24/7 on-call emergency (if needed).
Amendment No. 1 will address the minor storm drain improvements needed to temporarily accommodate
additional stormwater flows generated by The Vine at Vintner's Square subdivision until permanent
master plan facilities are constructed. All funding for these elements of work have been collected
through development fees.
Telstar is a highly qualified SCADA service provider with very experienced staff. Telstar was the sub-
contractor chosen to integrate SCADA and instrumentation at the SWTF and water system. Staff was
extremely pleased with their quality of work and past performance. Furthermore, staff believes the
knowledge Telstar gained by developing the SCADA system will help lower costs.
Staff recommends Council authorize the City Manager to execute Amendment No.1 to the Professional
Services Agreement with Telstar Instruments, of Sacramento, for storm station telemetry upgrades, in
the amount of $98,975, and appropriating funds in the amount of $98,975.
FISCAL IMPACT: Funds collected from developer have been deposited into the
Wastewater Capital Fund.
APPROVED:
Step en Schwba er, City Manager
R:\GROUP\WWW\SWTF\CONTRACTS__PSA\COUNCIL COMMUNICATIONSICC# Telstar Storm Station Upgrades.doc
12/12/16
Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Telstar Instruments, of Sacramento, for
Storm Station Telemetry Upgrades ($98,975) and Appropriating Funds ($98,975)
December 21, 2016
Page 2
FUNDING AVAILABLE: Appropriation Requested:
Wastewater Capital (53199000.77020) - $98,975
a(11/4/AJ
usan Bjork
upervising Budget Analyst
Charles E. Swimley, Jr.
Public Works Director
Prepared by Andrew Richle, Interim Utilities Superintendent
CES/ASR/trb
Attachments
cc: Lance Roberts, Utilities Manager
Lyman Chang, Deputy PW Director / City Engineer
R:\GROUP\WWW\SWTF\CONTRACTS_PSA\COUNCIL COMMUNICATIONS\CC# Telstar Storm Station Upgrades.doc 12/7/16
AMENDMENT NO. 1
TELSTAR INSTRUMENTS
Professional Services Agreement
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made
and entered this day of December, 2016, by and between the CITY OF LODI, a municipal
corporation (hereinafter called "CITY"), and TELSTAR INSTRUMENTS, (hereinafter called
"CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement
on July 17, 2015, attached hereto as Exhibit 1; and
2. WHEREAS, CITY seeks to amend the scope of services and increase fees by $98,975,
for a total of $178,975, as set forth in Exhibit 2, attached hereto; and
3. WHEREAS, CONTRACTOR agrees to said amendments.
NOW, THEREFORE, the parties agree to amend the Agreement. All other terms and
conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment
No. 1 on 2016.
CITY OF LODI, a municipal corporation TELSTAR INSTRUMENTS
Herein above called "CITY" Hereinabove called "CONTRACTOR"
STEPHEN SCHWABAUER Robert S. Marston
City Manager President
Attest:
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
Exhibit 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on f , 2015, by
and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
TELSTAR INSTRUMENTS, a California Corporation (hereinafter "CONTRACTOR"),
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for SCADA and
Instrumentation Maintenance (hereinafter "Project") as set forth in the Scope of Services
attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide
such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
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remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on July 1, 2015 and terminates upon the
completion of the Scope of Services or on June 30, 2017, whichever occurs first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two
(2) one (1) -year extensions; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
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exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed four (4) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs,
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
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inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
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Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY:
To CONTRACTOR:
City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Andrew Richle, Water Plant Superintendent
Telstar Instruments
4017 Vista Park Court
Sacramento, CA 95834
Attn: Ben Herston, Branch Manager
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
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Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder, CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect, In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
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fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
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Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
JF NIFER J FERRAIOLO
City Clerk
CITY OF LODI, a municipal corporation
APPROVED AS TO FORM: TELSTAR INSTRUMENTS,
a California Corporation
JANICE D. MAGDICH, City Attorney
(i&By
By: r/
Name:
Title:
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable)
Funding Source: 56052005.72450
(Business Unit & Account No.)
Doc ID:K:IWPIPROJECTS \ PSA's 120151Telstarinstruments
CA:Rev.01.2015
8
4jir TIrI T ❑ I7
INSTRUMENTS
Exhibit A/B
C10 Contractor License #422364
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SALES & SERVICE
SCADA • PLC/HMI • Telemetry • Calibration • Maintenance
May 22, 2015
City of Lodi
Sent via email:arichle@lodi.gov
Attn: Andrew Richle
Proj: City of Lodi WTP & SCADA
Subj: SCADA and Instrumentation Maintenance
Ref: 27625a
Dear Andrew,
Telstar Instruments is pleased to provide this quotation for SCADA and instrumentation
maintenance services for the City of Lodi water and wastewater facilities. Services will be
provided on a time and materials basis for an initial two (2) year period FY 15/16, FY 16/17,
with an option to extend the maintenance agreement on an annual basis for up to two (2)
additional years. The budget for the initial two years of the maintenance agreement is $40,000
per year. Hourly rates for various categories of technicians, programmers, and engineers are
provided herein. Anticipated scope items that will be provided under this SCADA and
instrumentation maintenance services agreement follow.
Anticipated Scope of Services
Instrument Maintenance — calibration and troubleshooting for hydraulic and analytical
instrumentation at the water and wastewater facilities.
SCADA Maintenance — maintain backup SCADA computers and PLCs; apply Microsoft and
Wonderware updates as applicable; evaluate system for deficiencies; address operations
identified maintenance items.
On-call Emergency Services — Telstar maintains 24/7 emergency Instrumentation and SCADA
support for its customers. Provide as -needed emergency controls system support services for the
water and wastewater facilities.
Project Integration — provide SCADA integration services for various new and existing storm
water, water, and wastewater facilities, as needed. Incorporate facilities into existing SCADA,
communications, and PLC systems.
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
INSTRUMENTS
Time and Material Rates, Normal Working Hours
Instrumentation Technician $123.00/hr
California Certified Electrician $128.00/hr
PLC/SCADA Computer Programmer $146.00/hr
Senior PLC/SCADA Computer Programmer $168.00/hr
Senior Engineer (registered CA Professional Engineer) $176.00/hr
Vehicle Usage/Fuel/Test Equipment/Tool charge $135.00/day
Materials cost plus 15%
Time and Material Overtime / Emergency Rates, Outside of Normal Working Hours
Instrumentation Technician $164.00/hr
California Certified Electrician $178.00/hr
PLC/SCADA Computer Programming $186.00/hr
Senior PLC/SCADA Computer Programmer $202.00/hr
Senior Engineer (registered CA Professional Engineer) $237.00/hr
Vehicle Usage/Fuel/Test Equipment/Tool charge $135.00/day
Materials cost plus 15%
Notes on Time and Material Rates:
1. Rates are valid through June 30, 2016. Rates will be increased by 3% on an annual basis for
inflation / cost of living expenses.
2. Travel is included to 45 miles. Over 45 miles from the Sacramento office is billed at the
above rates.
3. Overtime is anything after 8 hours Monday — Friday. Time outside of normal business hours
Monday — Friday, and time on Saturday and Sunday is billed at Overtime / Emergency Rates.
4. Service calls and time and materials rates carry a 4 -hour minimum per person; time over 4
hours is charged as 8 hours.
5. Telstar provides 24 hour service seven days a week. Our normal response time is within 48
hours. We guarantee a 4 hour response time for emergency calls. Emergency calls carry a 4 -
hour minimum.
Not To Exceed $80,000.00
Terms and Conditions: For your convenience, we now accept all major credit cards. We can commence with this at your
direction. This quote is valid for thirty days. This quote is based on information provided to Telstar and may or may not be
correct or complete. Please review this proposal for compliance with the complete and final specifications and drawings before
acceptance. Our terms are due and payable 30 days from date of invoice. Payments must be made on a minimum of a monthly
basis. 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. Rates quoted herein will automatically be increased for overhead, and cost of living at a minimum of every
year, or at contract renewal, whichever is less. Attomey's fees, court costs and costs of collection will be paid to prevailing party
Permits and bonding are excluded unless otherwise noted herein. Our standard insurance applies unless otherwise, agreed to in
writing by Telstar. We accept no responsibility for consequential damages and our standard warranty applies. Telstar does not
warranty OEM equipment; the standard manufacturer's warranty applies. Any labor perfonned by Telstar due to equipment
T 16r � T, !
INSTRUMENTS
warranty claims, is due and payable as an extra and/or additional charge to the quote noted herein. Please reference the above
stated quote number in all correspondence and purchase orders. Unless otherwise noted, this quote is based on standard straight
time hours and does not include any prevailing wage rates unless agreed in writing by Telstar. Vehicle expense will be in
addition to the price quote, unless specifically included within the body of this quote. The price quoted herein is for the labor
and materials specifically listed within the body of this quote. Service calls and time and materials rates carry a 4 -hour minimum
per person, any time over 4 hours is charged as 8 hours. Cancellation charges apply including engineering, labor, materials,
quote and estimating time, markup, % of profit, return goods fees, etc. at the time of written cancellation notice to Telstar.
We can proceed with this at your notice and look forward to working on this project. if you have any
questions please do not hesitate to contact me at 916-646-1999.
Sincerely,
Ben Herston
Sacramento Branch Manager
DN: cn=Btally en Herston,
bst Ben Herston
DN: cn=Ben Herston, o=Telstar Instruments,
ou, email=bherston@telstarinc.com, c=US
Date: 2015.05.22 14:03:09 -07'00'
Exhibit C
Insurance Revuirements for Contractor The Contractor shall take out and maintain during the life of this
Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any
subcontractor performing work covered by this Agreement from claims for damages for personal injury, including
accidental death, as well as from claims for property damages, which may arise from Contractor's operations under
this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or
indirectly employed by either of them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury — Per Person;
$1,000,000 Bodily Injury — Per Accident;
$1,000,000 Property Damage — Per Accident; or
$1,000,000 Combined Single Limits
Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles)
operated in performing any and all services pursuant to this Agreement, Coverage shall be written on ISO form CA 00
01 12 90, or a later version of this form, or an equivalent form providing equivalent liability coverage.
All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,
agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk
Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing
any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied
by either the Named Insured(s) or the City of Lodi.
It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore,
the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Contractor; whichever is greater.
Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims
period following termination of coverage which is at least consistent with the claims period or statutes of limitations
found in the California Tort Claims Act (California Government Code Section 810 et seq.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or equivalent form) such insurance as is
afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions,
officers, agents, employees, and volunteers as additional named insureds.
(b) Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will
not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20
01 04 13.
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West
Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an
endorsement, a description of the proiect that it is insuring.
Page 1 I of 2 pages
Risk: rev.03.2014
Insurance Requirements for Contractor (continued)
(c) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or
excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City
before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured
shall not operate to increase the limit of the company's liability.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi,
CA 95240.
(f) Continuity of Coverage
AH policies shall be in effect on or before the first day of the Term of this Agreement, At least thirty (30) days
prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor
shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's
insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and
immediately obtain replacement insurance.
(9)
Failure lo Comply.
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
coverage, the City may obtain the insurance_ Contractor shall reimburse the City for premiums paid, with
interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The
City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount
paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest
on the first (15) day of the month following the City's notice. Notwithstanding and other provision of this
Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails
to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities.
(h) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are
acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any
work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all
of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case
any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected
under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to
provide insurance for the protection of said employees. A waiver of subrogation is required for workers
compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA
95240.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
Page 21 of 2 pages Risk: rev.03.2014
TELSTAR*
INSTRUMENTS
Contractor License #422364
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SALES & SERVICE
SCADA • PLC/HMI • Telemetry • Calibration • Maintenance
November 2, 2016
Andrew R.
City Of Lodi
Sent Via e-mail to: Andrew Richle <arichle@lodi.gov>
Subj: Storm Station Upgrade.
Quote Ref: SR 29928- Storm Upgrade
Dear Andrew,
Telstar is pleased to provide the estimated price for the above referenced Project. Beckman
pump station hardware and software integration is completed.
Please see below the estimated work for the following storm stations.
1. D Basin (Salas Park):
Existing/Current System:
Currently Salas storm station consists of PLC telemetry. But the Gate control is not part of it.
Proposed System:
Interface and program the Gate /pump controls. SCADA programming.
Software Labor estimated cost $16,500.00
Assumption: All the required Instruments /devices are available. So any hardware cost is
excluded.
2. Al Basin ( Kofu Park):
Existing/Current System:
Currently Kofu station consists of PLC telemetry. But the Gate control is not part of it.
Proposed System:
Interface and program the Gate /pump controls. SCADA programming.
Software Labor estimated cost $16,500.00
Assumption: All the required Instruments /devices are available. So any hardware cost is
excluded.
3. Beckman pump station: ( This work is completed )
Existing/Current System:
1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507
4017 Vista Park Ct., 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
TELSTAR-*-
INSTRUMENTS
Currently Beckman storm station consists of North Sump with 5 pumps and South Sump with 4
pumps. And it's controlled using 2 Siemens ultrasonic level controllers.
Well 16 is located at the same facility and using the existing Beckman PLC.
Proposed System:
As the Seimens Controller is obsolete. Install a new control panel with separate PLC and
program the pump control in this new PLC. Separate Well 16 controls from the storm station.
Scope: Provide new PLC panel. For the Beckman station control.
Wire all the pump/level OO's to the new control panel.
PLC/SCADA Programming.
Total Price for integration. $46,175.00
4. G Basin ( Debenedetti):
Existing/Current System:
This station is equipped with PLC—HMI and radio system and integrated into SCADA system.
Proposed System:
PLC software modifications are required as required. SCADA programming.
Software Labor estimated cost $19,800.00
Assumption: All the required Instruments /devices are available. So any hardware cost is
excluded.
Total Estimated cost for above 4 Stations $98,975.00
I hope this proposal meets your requirements. If you have any questions, please contact us at
916-646-1999/ 916-275-3331.
Sincerely,
Suresh Patil.
SCADA Manager.
Telstar Instruments INC.
Page 2 of 3
TELSTARt
INSTRUMENTS
Standard Terms and Conditions
For your convenience, we now accept all major credit cards. Unless otherwise noted, this price does not include tax or freight.
We can commence with this work at your direction. This quote is valid for thirty days. This quote is based on information
provided to Telstar and may or may not be correct or complete. Please review this proposal for compliance with the complete
and final specifications and drawings before acceptance. Our terms are due and payable 30 days from date of invoice.
Payments must be made on a minimum of a monthly basis. 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. Rates quoted herein will automatically be increased for
overhead and cost of living at a minimum of every year, or at contract renewal, which ever is less. Attorney's fees, court costs
and costs of collection will be paid to prevailing party. Permits and bonding are excluded unless otherwise noted herein. Our
standard insurance applies unless otherwise agreed to in writing by Telstar. We accept no responsibility for consequential
damages and our standard warranty applies. Telstar does not warranty OEM equipment, the standard manufacturers warranty
applies. Any labor performed by Telstar due to equipment warranty claims, is due and payable as an extra and/or additional
charge to the quote noted herein. Please reference the above stated quote number in all correspondence and purchase orders.
This quote is based on standard straight time hours and does not include any prevailing wage rates unless agreed in writing by
Telstar. Infrared inspections only include reports on equipment out of specification; any equipment under normal operation
will not be reported or photographed. Due to factors beyond our control, including unlawful radio interference by outside
parties, unfavorable climatic conditions, and/or terrain interference caused by construction of buildings or growth of
vegetation, radio path surveys are not covered by our warranty. Vehicle expense will be in addition to the price quoted unless
specifically included within the body of this quote. The price quoted herein is for the labor and materials specifically listed
within the body of this quote. Service calls and time and materials rates carry a 4 -hour minimum per person. Any time over 4
hours is charged as 8 hours. Cancellation charges apply including engineering, labor, materials, quote and estimating time,
markup, % of profit, return goods fees, etc. at the time of written cancellation notice to Telstar.
Page 3 of 3
1 AA#
2. JV#
CITY OF LODI
APPROPRIATION ADJUSTMENT REQUEST
TO:
Internal Services Dept. - Budget Division
ACCOUNT #
3. FROM:
Rebecca Areida-Yadav 5. DATE:
11/29/2016
4. DEPARTMENT/DIVISION: Public Works
53100000
6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW
FUND #
BUS. UNIT #
ACCOUNT #
ACCOUNT TITLE
AMOUNT
A.
SOURCE OF
FINANCING
531
53100000
55024
Revenue -Other
$ 98,975.00
B
USE OF
FINANCING
531
53199000
77020
Capital Projects
$ 98,975.00
7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Amendment No.1 with Telstar Instruments for Storm Station Telemetry Upgrades.
0040.Const.ExtLabor
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: Res No: Attach copy of resolution to this form.
Department Head Signature:
8. APPROVAL SIGNATURES
Deputy City Manager/Internal Services Manager
Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2016-218
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH
TELSTAR INSTRUMENTS, OF SACRAMENTO, FOR STORM STATION
TELEMETRY UPGRADES, AND FURTHER APPROPRIATING FUNDS
WHEREAS, Telstar Instruments entered into a Professional Services Agreement with
the City of Lodi on July 17, 2015, for Supervisory Control and Data Acquisition (SCADA) system
and instrumentation maintenance; and
WHEREAS, the City's storm drain infrastructure is expanding due to the increase in
residential development, requiring a number of minor storm system improvements, including
upgrades to hardware, software, and programming needed to coordinate the storage,
conveyance, and discharge of the City's expanding stormwater collection system; and
WHEREAS, staff recommends that the City Council authorize the City Manager to
execute Amendment No.1 to the Professional Services Agreement with Telstar Instruments, of
Sacramento, for storm station telemetry upgrades in the amount of $98,975; and
WHEREAS, staff further recommends that the City Council appropriate funds from
Wastewater Capital in the amount of $98,975 for this project.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No.1 to the Professional Services
Agreement with Telstar Instruments, of Sacramento, California, for storm station telemetry
upgrades in the amount of $98,975; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds
in the amount of $98,975 for this project.
Dated: December 21, 2016
I hereby certify that Resolution No. 2016-218 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 21, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
2016-218
NNIFER. FERRAIOLO
ity Clerk