A23108.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
September 11, 2023
TO: Board of Directors, Ventura County Waterworks District No. 8
FROM: Department of Public Works
SUBJECT: AWARD OF CONTRACT TO PURCHASE SIXTY (60) PROGRAMMABLE LOGIC CONTROLLERS, CP76300060
RECOMMENDATION
It is recommended that the Board of Directors award the attached contract (page 3) to Royal Industrial Solutions, Inc. (Royal) in the not -to-exceed amount of $ 208,871.09 for the purchase of sixty (60) Programmable Logic Controllers (PLC), CP76300060.
BACKGROUND AND OVERVIEW
Programmable Logic Controllers (PLCs) are industrial computers used to control the electro-mechanical processes for pumping water throughout the distribution system. The Ventura County Waterworks District No. 8 (District) operates various pump stations, reservoirs, and groundwater wells, located throughout the District using PLCs at each site. The existing PLCs are 18-20 years old, are past their useful life, and are no longer supported by the manufacturer. Staff recommends the Board of Directors award a contract to Royal for the purchase of sixty (60) PLCs.
FINDINGS AND ALTERNATIVES
The City has previously approved Royal as a Sole Source Vendor for the purchase of various electrical components and software required for City facilities. Royal is the sole distributor for Allen-Bradley PLCs that the District uses in all of the sites requiring Supervisory Control and Data Acquisition (SCADA) control for automated operation. On June 5, 2023, the City Council/Board of Directors approved the FY 2023-24 Budget where staff identified the need for sixty (60) PLC replacements at various District sites with the budgeted amount of $250,000, CP76300060. On August 3, 2023 staff requested a quote from Royal for the sixty (60) PLCs as identified in CP76300060. Staff determined that the quote provided by Royal in the amount of $208,871.09 complies with the needs of the District.
Staff recommends the Board of Directors award the attached contract to Royal Industrial Solutions, Inc. in the not-to-exceed amount of $208,871.09 for the purchase of sixty (60) Programmable Logic Controllers.
AGENDA ITEM NO.
Consent (5)
A23108.SR.JD
The following alternatives are available to the Board of Directors:
1. A
ward the attached contract to Royal, in the amount of $208,871.09 for the purchase of sixty (60) PLC’s, CP76300060.
2. D
o not award the contract at this time and provide other direction to staff.
S
taff recommends Alternative No. 1.
SUGGESTED BOARD OF DIRECTORS MOTION
I
move to award a contract to Royal, in the not-to-exceed amount of $208,871.09 for the purchase of sixty (60) Programmable Logic Controllers.
SUMMARY
O
n August 3, 2023 staff requested a quote from Sole Source Vendor, Royal Industrial Solutions, Inc., to pu rchase sixty (60) District Programmable Logic Controllers for the FY 2023-24 budgeted project CP76300060. It is recommended that the Boar d of Directors award the attached contract to Royal in the not -to-exceed amount of $208,871.09 for the purchase of sixty (60) PLC’s, CP76300060. ___
_________________________________
Ronald K. Fuchiwaki
Public Works Director
P
repared by: Matt Mckenna, Sr. Management Analyst
INDEX Page
C
ontract ................................................................................ 3 2 A
23108.CON.JD
CONTRACT BETWEEN THE VENTURA COUNTY
WATERWORKS DISTRICT NO. 8 AND ROYAL INDUSTRIAL
SOLUTIONS, INC. FOR THE PURCHASE OF SIXTY
PROGRAMMABLE LOGIC CONTROLLERS
T
HIS CONTRACT is made and entered into in the City of Simi Valley on this 11th day of September, 2023, by and between the VENTURA COUNTY WATERWORKS DISTRICT NO. 8 , a municipal corporation, hereinafter referred to as DISTRICT , and ROYAL INDUSTRIAL SOLUTIONS, INC., a California Corporation, hereinafter referred to as CONTRACTOR, each a “Party” and collectively, “Parties”.
RECITALS
W
HEREAS, on August 3, 2023, DISTRICT requested a quote for sixty (60) Programmable Logic Controllers; and
W
HEREAS, pursuant to the quote request , CONTRACTOR submitted a quote which was accepted by DISTRICT for the purchase of said Programmable Logic Controllers.
N
OW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:
AGREEMENT
1. R
ecitals. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Te
rm. The term of this CONTRACT shall be from the date this CONTRACT is made and entered as first written above, until completion of all of the CONTRACTOR’S obligations under this CONTRACT and its accompanying exhibits, but in any event no longer than four (4) months or such later date as may explicitly set forth by DISTRICT in this CONTRACT or its accompanying exhibits.
3. D
escription of Supplies, Equipment, Materials, or Service s. This CONTRACT is for the purchase of sixty Programmable Logic Controllers . Contractor agrees to supply the item(s) more specifically set forth in quote # Q1147284 dated August 3, 2023 attached hereto and incorporated herein as Exhibit “A”. 4 . Compensation and Payment.
A. T
he DISTRICT shall be obligated to pay CONTRACTOR based
upon the unit and/or lump sum prices bid by CONTRACTOR, multiplied by the actual DISTRICT-authorized quantities received and accepted by DISTRICT ; such unit and/or lump sum pric es as contained in the quote # Q1147284 dated August 3, 2023 attached hereto and incorporated herein as Exhibit “A”.
3 A23108.CON.JD
B. Payments to the CONTRACTOR shall be made within 30 days after receipt of an original invoice from the CONTRACTOR and acceptance of the Compact Programmable Logic Controllers by DISTRICT.
C. In no event shall the total amount paid for this CONTRACT exceed $208,871.09 (the “Not-To-Exceed Amount”), unless otherwise agreed to by the Parties in writing.
5. CONTRACTOR Representations and Obligations.
A. CONTRACTOR shall perform as required by this CONTRACT.
CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONTRACTOR shall obey all Federal, State, local, and special district laws, ordinances, and regulations.
C. CONTRACTOR shall indemni fy, defend, and hold CITY
harmless from any claim that prevailing wages should have been paid pursuant to this CONTRACT, including federal prevailing wage requirements under the Davis-Bacon Act, if applicable and shall be liable for the payment of same and any penalties thereon.
D. CONTRACTOR shall abide by the City of Simi Valley’s
Business Tax Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT. CONTRACTOR shall maintain a valid Business Tax Certificate for the term of the CONTRACT.
6. Audit
.
A. At any time during normal business hours and as often as the DISTRICT may deem necessary, CONTRACTOR shall make available to DISTRICT for inspection its records pertaining to this CONTRACT. CONTRACTOR shall permit DISTRICT to audit, examine and/or reproduce such records. CONTRACTOR will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two (2) years after termination or final payment under this CONTRACT.
B. DISTRICT shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to DISTRICT as a condition precedent to any payment to CONTRACTOR.
7. Hold Harmless and Indemnification
. CONTRACTOR shall defend,
indemnify, and hold harmless DISTRICT, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONTRACTOR, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this CONTRACT. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the DISTRICT and do whatever is necessary to protect the DISTRICT, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The DISTRICT shall be included as an Additional 4 A23108.CON.JD
Insured in the automobile/liability insurance policies and endorsements of the CONTRACTOR. The CONTRACTOR must select an attorney acceptable to the DISTRICT who will defend such proceeding and the DISTRICT will control any litigation thereof. Such approval by the DISTRICT will not be unreasonably withheld. This paragraph shall survive the termination of this CONTRACT.
8. Amendments. Any amendment, modification, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the District Manager and CONTRACTOR.
9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violati on of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
10. Termination. If, during the term of this CONTRACT, DISTRICT determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, DISTRICT may notify CONTRACTOR in writing of such defect or failure to perform.
The notice must give to the CONTRACTOR a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONTRACTOR has not performed the work or cured said deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and DISTRICT may terminate this CONTRACT immediately by written notice to CONTRACTOR. Thereafter, neither Party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In s uch event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received DISTRICT 'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. DISTRICT reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the DISTRICT'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the CONTRACT amount.
11. Complete CONTRACT . This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the Parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the Parties hereto.
12. Time of Performance. Time is of the essence in this CONTRACT.
5 A23108.CON.JD
13. Successors and Assigns . The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto; provided, however, that no Party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other Party, and any such assignment without said consent shall be void.
14. Authority to Execute Contract. Both DISTRICT and CONTRACTOR do covenant that each individual executing this CONTRACT on behalf of each Party is a person duly authorized and empowered to execute contracts for such Party.
15. Jurisdiction and Venue. Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the Parties do not consent to arbitration. In the event of any dispute, each Party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
16. Non-Appropriation of Funds
. Payments due and payable to
CONTRACTOR for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of DISTRICT. In the event DISTRICT has not appropriated sufficient funds for payment of goods and/or services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
17. Taxpayer Identification Number . CONTRACTOR shall provide DISTRICT with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
18. Permits and Licenses
. CONTRACTOR, at its sole cost and expense,
shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
19. Waivers. The waiver by one Party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach.
20. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither Party to this CONTRACT shall refuse to accept such mail; the Parties to this CONTRACT shall promptly inform the other Party of any change of address.
All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each Party to this CONTRACT is as follows:
DISTRICT Ronald K. Fuchiwaki, Director
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Dan Newton, Deputy Public Works
Director/Waterworks District No. 8
(805) 583-6494
6 A23108.CON.JD
CONTRACTOR Royal Industrial Solutions, Inc.
7667 North San Fernando Road
Burbank, CA 91505
Attn: John Chandler
(818) 988-3365
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed the day and year first above written.
Attest: Ventura County Waterworks District No. 8,
A Municipal Corporation
By:
Lucy Blanco, District Secretary Fred D. Thomas, Chair of the Ventura County Waterworks District No. 8
Approved as to Form: Royal Industrial Solutions, Inc.
By:
David L. Caceres, District Counsel
Title:
Approved as to Content:
Print Name:
Brian Paul Gabler, District Manager By:
Title:
Johanna Medrano,
Deputy Administrative Services Director/ Print Name:
Budget & Purchasing
Ronald K. Fuchiwaki,
Public Works Director
7 EXHIBIT “A”
CONTRACT BETWEEN THE VENTURA COUNTY
WATERWORKS DISTRICT NO. 8 AND ROYAL
INDUSTRIAL SOLUTIONS, INC. FOR THE PURCHASE OF
PROGRAMMABLE LOGIC CONTROLLERS
Quote # Q1147284 DATED AUGUST 3, 2023
8 LN Product Qty Price Per * Ext Price
01 AB 1769-L33ER
2MB CTRLR
60 $3,245.86 E $194,751.60
COMPACTLOGIX 2 MB ENET CONTROLLER
Merchandise: $194,751.60
Tax: $14,119.49
Total: $208,871.09
Attn:
Ship To:
DAN
CITY OF SIMI VALLEY
600 W. LOS ANGELES AVE
WATER DEPARTMENT
SIMI VALLEY, CA 93065
7667 N. SAN FERNANDO RD.
BURBANK CA 91505
Tel: (818)988-3365 Fax: (818)988-2573
Contact Name: JOHN CHANDLER
Quote Date:
Updated On:
Customer PO #:
Customer PO Date:
Job Name:
08/03/23
08/03/23
Expires On: 09/02/23
FOB: SHIPPING POINT
Freight: PREPAY AND CHARGE
1 OF 1* Per E = Each, C = Hundred, M = Thousand Terms and Conditions PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS.
ROYAL INDUSTRIAL SOLUTIONS Q1147284Quote: 001Revision #:
Customer Quote For: CITY OF SIMI VALLEY
9