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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: March 28, 2006

Subject/Title: Adopt a resolution approving and authorizing the City Manager to execute an agreement for the purchase and installation of additional law enforcement equipment (lockers) from Systems & Space, Inc. for the new Police Facility, CIP Project No. 337-3142 in the amount not to exceed $39,939.49.

Prepared by: Police: Lt. J. Martinez

Submitted by: Police: Chief M. Davies


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute an agreement for the purchase and installation of additional law enforcement equipment (lockers) from Systems & Space, Inc. for the new Police Facility, CIP Project No. 337-3142 in the amount not to exceed $39,939.49.

PREVIOUS ACTION
On April 26, 2005, by Resolution No. 2005-88, City Council approved the contract documents and authorized the City Manager to execute an agreement with Systems & Space, Inc. in the amount of $188,451 plus a 10% contingency for law enforcement equipment (lockers).

On September 27, 2005, by Resolution No. 2005-231, City Council accepted the work of Systems & Space and authorized the City Clerk to file notice of completion with the County.

BACKGROUND
The police department originally purchased eighty-six law enforcement equipment lockers for the employee locker rooms inside the new Brentwood Police Facility. A total of fifty-nine lockers were installed in the men’s locker room while the remaining twenty-seven lockers were installed in the woman’s locker room. Since occupying the new police facility, the police department has increased personnel, and as a result there is only one available locker left in the men’s locker room. Two new police officers will be starting in less than thirty days and we are in the hiring process with several additional police officer candidates; therefore, the additional lockers that are being requested are needed to accommodate future employees. Staff is also recommending that the additional lockers be purchased through Systems & Space Inc. due to the fact that they are a reputable firm with years of experience and they are the firm who provided the original lockers. Systems & Space Inc. as the manufacturer has the specifications of the existing lockers and are most capable of manufacturing, painting, and installing the new lockers so they match the existing lockers. Lastly, Systems & Space Inc. customized the original lockers on site and fitted them at the location and they will custom fit the new lockers as well so they match the existing lockers.

FISCAL IMPACT
Funds for the additional lockers are available within the approved 2005/2006 – 2009/2010 Capital Improvement Budget, New Police Facility Project CIP 337-3742.

Attachments:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PURCHASE AND INSTALLATION OF ADDITIONAL LAW ENFORCEMENT (LOCKERS) FROM SYSTEMS & SPACE INC. FOR THE NEW POLICE FACILITY, CIP PROJECT NO. 337-3142 IN THE AMOUNT NOT TO EXCEED $39,939.49.

WHEREAS, an increase in police personnel has resulted in current personnel utilizing all but one locker in the men’s locker room; and

WHEREAS, the police department has new officers scheduled to start which will fully occupy all existing lockers in the men’s locker room; and

WHEREAS, several additional police officer candidates are in the hiring process and new lockers will be needed to accommodate future employees; and

WHEREAS, Staff has obtained a bid from and experienced firm, Systems & Space Inc.; and

WHEREAS, Staff recommends that these additional lockers be purchased through Systems & Space Inc., the original equipment manufacturer, in addition to the fact that they are a reputable firm with years of experience; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that the City Manager is authorized to execute an agreement for purchase and installation of additional law enforcement equipment (lockers) from Systems & Space, Inc. for the new Police Facility, CIP Project No. 337-3142 in the amount not to exceed $39,939.49.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 28th day of March 2006 by the following vote:


CITY OF BRENTWOOD
PERFORMANCE OF WORK CONTRACT

Submit Insurance Certificates and Invoices to: City of Brentwood 150 City Park Way, Brentwood, CA 94513.
Date:
Contract No.

Contractor: Systems & Space

City of Brentwood, herein called “City”, and the above-named contractor, hereby agree as follows:

1. Contractor shall, at its own expense and assuming all risks in any way connected therewith, perform the following described work, and shall furnish all labor, equipment, and materials required therefore: 25 Lockers for the New Police Station (15 to be installed immediately and 10 are equipment only).

2. Contractor shall commence performance hereof when directed by City representative, and shall complete the same within 90 calendar days.

3. All drawings, papers or specifications annexed or referred to herein and the general conditions on the reverse side shall be deemed a part hereof.

4. As full consideration for performance hereof, City will pay Contractor the following amount which shall be inclusive of all taxes incurred in performance hereof: $36,308.63. Payment(s) to the Contractor shall be Net 30 days, after receipt of acceptable invoice and acceptance of work.

5. Notwithstanding Section 2 above, City may terminate this contract with or without cause upon three (3) days written notice to the Contractor. Upon such termination, City shall owe to Contractor the pro-rated amount of the sum total identified in Section five (5) which corresponds to the Contractor’s performance to the date of termination.



GENERAL CONDITIONS

1. Contractor is an independent contractor, and all persons employed by Contractor in connection herewith shall be its employees and not employees of the City in any respect.

2. Contractor shall indemnify and defend City against all suits, actions, loss, damage, expense and liability for injury or harm to persons or property or for claims against the City resulting from, arising out of, or in any way connected with the performance of the Contract, including the use by Contractor of any City furnished equipment, excepting only such injury or harm as may be caused solely by the fault or negligence of the City.

3. Contractor shall, during performance hereof, maintain the following insurance in types and amounts shown below and with insurers satisfactory to the City:

Coverage Minimum Amounts and Limits

a) Workmen’s compensation statutory $1,000,000 each occurrence
requirements at location of work
b) Employer’s liability to extent included $500,000 each occurrence for bodily injury
under workmen’s compensation policy
c) General liability for bodily injury, property $250,000 each occurrence for property damage
damage and wrongful death
d) Comprehensive automobile insurance $500,000 each occurrence for combined single limit

All coverages shall apply to the indemnity agreement in paragraph 2 above but shall not serve as a limitation to the indemnity in any way. Prior to performance of any work, Contractor shall furnish City with Certificates of Insurance as evidence of the above required insurance naming City as additional insured and such Certificates shall provide for ten (10) days written notice to City prior to cancellation thereof.

4. All workmanship and materials shall be first class in every respect, and shall be subject to inspection and approval by City. Contractor guarantees its work hereunder to the extent set forth herein. Neither acceptance of the work by City nor payment shall relieve Contractor from liability under the indemnity clause or any of the guarantees or warranties contained or implied herein.

5. Contractor shall comply with City jobsite procedures and regulations and with all applicable local, state and federal laws, rules and regulations, including, but not limited to, the payment of prevailing wages; and shall have a Business License to conduct business in the City of Brentwood. All work shall be carried out during normal City working hours unless specifically agreed to in writing by City. Contractor shall at City request, replace any incompetent, dishonest, or uncooperative employee.

6. Contractor shall promptly pay all claims of persons or firms furnishing labor, equipment or materials used in performing the work hereunder. City may, as a condition precedent to any payment hereunder, require Contractor to submit satisfactory evidence of payment and releases of all such claims. If there is any evidence of such unpaid claim, City may withhold any payment until Contractor shall furnish such evidence of payment and release and shall indemnify and defend City against any liability or loss arising from any such claim.

7. Any subletting or assignment of the Contract, by operation of law or otherwise, without the prior written consent of City shall be void.

8. City may, at any time, direct in writing additions, deletions or changes to all or any part of the work, and Contractor agrees to perform such work as changed. If any such change causes an increase or decrease in the cost of or in the time required to perform such work, Contractor shall submit detailed information substantiating such claims. At the sole discretion of City an equitable adjustment shall be made to price or time of performance, or both, and the Contract shall be modified accordingly.

9. Contractor shall at all times conduct all operations under the Contract in a manner to avoid risks of bodily harm to persons, damage to any property and fire. Contractor shall be solely responsible to take all precautions necessary and continuously inspect all work, materials, and equipment to discover, determine and correct any such conditions which may result in any of the aforementioned risks.

10. The City of Brentwood reserves the right to access and audit the Contractor’s records for a period of four (4) years after payment of any invoice.

11. It is the policy of the City that in connection with all work performed under this Contract, there be no discrimination against any employee engaged in the work because of race, religion, color, sex or national origin, and therefore the Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act.

12. In the event that any action is pursued upon this Contract, the party against whom a judgment of a court or arbitration is rendered agrees to pay the other party an amount equal to the reasonable value of the legal services performed in his or its behalf in such action and the reasonable costs of bringing such action.

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov