CITY COUNCIL AGENDA ITEM
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
Prepared by: Police: Lt. J. Martinez
Submitted by: Police: Chief M. Davies
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.
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.
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.
Funds for the additional lockers are available within the approved 2005/2006
– 2009/2010 Capital Improvement Budget, New Police Facility Project CIP
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
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
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.
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
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.
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
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
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
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
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
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.