ATTACHMENT 2
GSE CONSTRUCTION INC. DATE: 10/17/2022
Manteca WQCF Bar Screen Phase 1 Project GSE PCO #009
PROJECT No. : 816 CLIENTS PCO #
CHANGE ORDER CALCULATION
BRIEF DESCRIPTION OF CHANGE
Labor + Surcharge D I R E C T C O S T S TOTAL
DIRECT
DESCRIPTION QUANTITY UNIT EQUIP. MATERIAL LABOR SUB HOURS RATE EQUIP. MATERIAL LABOR SUB TOTAL COST Telstar
Install NEMA 7 Below Deck for BarScreen No.3 1 LS $0 $0.00 0 $ 4,075.00 0.0 0.00 $0.00 $0.00 $0 $4,075 $4,075 Project Engineer (Gather quotes & docs) 2 Hrs $0 $0.00 1 $ - 2.0 80.38 $0.00 $0.00 $161 $0 $161 Sales tax 8.250 % $0.00 $0
TOTALS 2.0 $80.38 $0 $0.00 $161 $4,075 $4,236
MARKUP EQUIPMENT 15 % $0 $0
MARKUP MATERIALS 15 % $0 $0
MARKUP ON LABOR 15 % $24 $24
MARKUP SUBCONTRACTS 5 % $204 $204
INSURANCE (all risk) 1 % $45
TOTAL CHANGE COST $4,508
UNIT PRICES
Existing conduit to be reused do not utilize NEMA 7 junction box or flex.
Telstar will remove conduit seals on existing conduits I0308 and C0312A in order to install the new wire and provide and install new NEMA 7 conduits below deck per Bar Screen #3 standard.
Install NEMA 7 Below Deck for BarScreen
No.3
ATTACHMENT 2
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028
October 4, 2022
GSE Construction
[email protected]
Attn: Behzad Nazari, Josette Felver
Subject: City of Manteca / WQCF Bar Screen Project/ Bar Screen No. 2 Reference: SR 30-38553 PCO-04
Drawings: MT-BAR-PCO-04
Specifications: RFI -03
Dear Behzad,
Telstar Instruments (“Telstar”) is pleased to provide a quote for the referenced project to the above identified purchaser (“Customer”).
By accepting this proposal from Telstar, you agree to treat this as confidential information.
SCOPE OF SERVICES
1. Telstar will remove conduit seals on existing conduits I0308 and C0312A in order to install the new wire.
2. Telstar will provide and install new NEMA 7 conduits below deck per Bar Screen #3 standard. (Material Lead Time: 3 weeks)
Lump Sum Price for this Scope..............................................................................................$ 4,075.00 Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
This quotation is based on Customer’s representation that this IS a prevailing wage project.
CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. All work is assumed to be in areas not considered to be confined space. All required confined space permitting, training, monitoring, and hole watch is not included. b. 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) c. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
ATTACHMENT 2
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
d. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. e. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. f. Telstar is supplying only equipment specified and noted above. g. 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 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.
ATTACHMENT 2
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
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.
We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.
Sincerely,
Dalal Muqatash
Project Manager
Telstar Instruments
(916) 646-1999
ATTACHMENT 2
GSE CONSTRUCTION INC. DATE: 12/7/2022
Manteca WQCF Bar Screen Phase 1 Project GSE PCO #010
PROJECT No. : 816 CLIENTS PCO #
CHANGE ORDER CALCULATION
BRIEF DESCRIPTION OF CHANGE
Labor + Surcharge D I R E C T C O S T S TOTAL
DIRECT
DESCRIPTION QUANTITY UNIT EQUIP. MATERIAL LABOR SUB HOURS RATE EQUIP. MATERIAL LABOR SUB TOTAL COST GSE CONSTRUCTION INC.
Credit Bid Alternative Item#29 1 LS $0 $0.00 0 $ (11,000.00) 0.0 0.00 $0.00 $0.00 $0 -$11,000 -$11,000 Open the manway door for re-inspection 2 Hrs $100 $0.00 2 $ - 4.0 122.22 $200.00 $0.00 $489 $0 $689 Project Engineer 2 Hrs $0 $0.00 1 $ - 2.0 80.38 $0.00 $0.00 $161 $0 $161 Sales tax 8.250 % $0.00 $0
TOTALS 6.0 $108.28 $200 $0.00 $650 -$11,000 -$10,150
MARKUP EQUIPMENT 15 % $30 $30
MARKUP MATERIALS 15 % $0 $0
MARKUP ON LABOR 15 % $97 $97
MARKUP SUBCONTRACTS 5 % $0 $0
INSURANCE (all risk) 1 % $0
TOTAL CHANGE COST -$10,023
UNIT PRICES
Credit Bid Alternative Item#29 because the liner at the manway door was at good condition per CM instruction. Credit Bid Alternative Item#29
ATTACHMENT 2
GSE CONSTRUCTION INC. DATE: 12/16/2022
Manteca WQCF Bar Screen Phase 1 Project GSE PCO #011
PROJECT No. : 816 CLIENTS PCO #
CHANGE ORDER CALCULATION
BRIEF DESCRIPTION OF CHANGE
Labor + Surcharge D I R E C T C O S T S TOTAL
DIRECT
DESCRIPTION QUANTITY UNIT EQUIP. MATERIAL LABOR SUB HOURS RATE EQUIP. MATERIAL LABOR SUB TOTAL COST Telstar
Modify Conduits @ BarScreen No.3 Panel 1 LS $0 $0.00 0 $ 1,850.00 0.0 0.00 $0.00 $0.00 $0 $1,850 $1,850 Project Engineer (Gather quotes & docs) 2 Hrs $0 $0.00 1 $ - 2.0 80.38 $0.00 $0.00 $161 $0 $161 Sales tax 8.250 % $0.00 $0
TOTALS 2.0 $80.38 $0 $0.00 $161 $1,850 $2,011
MARKUP EQUIPMENT 15 % $0 $0
MARKUP MATERIALS 15 % $0 $0
MARKUP ON LABOR 15 % $24 $24
MARKUP SUBCONTRACTS 5 % $93 $93
INSURANCE (all risk) 1 % $21
TOTAL CHANGE COST $2,149
UNIT PRICES
Modify Conduits @ BarScreen No.3 Panel Provided and installed modifications to existing conduits to reach new control panel location.
ATTACHMENT 2
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028
December 16, 2022
GSE Construction
[email protected]
Attn: Behzad Nazari, Josette Felver
Subject: City of Manteca / WQCF Bar Screen Project/ Bar Screen No. 2 Reference: SR 30-38553 PCO-03 R1
Drawings: MT-BAR-PCO-03
Specifications: N/A
Dear Behzad,
Telstar Instruments (“Telstar”) is pleased to provide a quote for the referenced project to the above identified purchaser (“Customer”). August 3, 2022 and August 4, 2022, Telstar electricians performed extra work to modify existing conduits to move Bar Screen #3 control panel to compensate for future Bar Screen #2 control panel. These modifications were not included in the original contract as the contract plans indicate that existing conduits will be reused for installation of Bar Screen #3 control panel.
By accepting this proposal from Telstar, you agree to treat this as confidential information.
SCOPE OF SERVICES
1. August 3, 2022, Telstar provided and installed epoxy anchors 14” over for new control panel relocation.
2. August 4, 2022, Telstar provided and installed modifications to existing conduits to reach new control panel location.
Lump Sum Price for this Scope..............................................................................................$ 1,850.00 Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
This quotation is based on Customer’s representation that this IS a prevailing wage project.
CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. All work is assumed to be in areas not considered to be confined space. All required confined space permitting, training, monitoring, and hole watch is not included.
ATTACHMENT 2
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
b. 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) c. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
d. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. e. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. f. Telstar is supplying only equipment specified and noted above. g. 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 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 ATTACHMENT 2
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
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.
We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.
Sincerely,
Dalal Muqatash
Project Manager
Telstar Instruments
(916) 646-1999
ATTACHMENT 2
ATTACHMENT 2