HomeMy WebLinkAboutContract 51057 CITY SECRETARY
FORT WORTH Comma I o5 r7
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Concentric
Security, LLC ("Seller") and the City of Fort Worth, ("Buyer"), a Texas home rule municipal
corporation.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A—Terms and Conditions;
3. Exhibit B—Seller's Scope of Work;
4. Exhibit C—GSA Contract No. GS-07F-0100M; and
5. Exhibit D—Conflict of Interest Questionnaire.
Exhibits A, B, C and D which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of a conflict between Exhibit A — Terms and Conditions and
Exhibit C — GSA Contract No. GS-0717-0100M, then Exhibit A — Terms and Conditions shall control,
but only to the extent allowable under GSA Contract No. GS-0717-0100M.
The maximum amount to be paid to the Seller for all services performed and goods purchased hereunder
shall not exceed$181,628.80
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Seller. Seller and Buyer have caused this Agreement to be executed
by their duly authorized representatives to be effective as of the date signed below.
[Signature page follows]
6
JUS 25 218
co OFFICIAL RECORD
O.V SECFI�ARY CITY ShCRE TARY
FT,WORTH,TX
EXHIBIT A
CITY OF FORT WORTH,TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1.0 DEFINITION OF BUYER
The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and
subvendors who act on behalf of various City departments,bodies or agencies.
2.0 DEFINITION OF SELLER
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services,
its officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity
under a contract with the City of Fort Worth.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth(the "City")may be requested by a member
of the public under the Texas Public Information Act. See TEx. GOv'T CODE ANN. §§ 552.002,
552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary
information, the Seller listed in the request will be notified and given an opportunity to make
arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller
believes that its information may not lawfully be released. If Seller does not make arguments or
the AG rejects the arguments Seller makes, Seller's information will be released without penalty
to the City.
4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII,
Section 16,City of Fort Worth Charter)
5.1 ORDERS
5.2 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who
act on behalf of various City departments, bodies or agencies are authorized to place
orders for goods and/or services without providing approved contract numbers, purchase
order numbers, or release numbers issued by the Buyer. The only exceptions are
Purchasing Card orders and emergencies pursuant to Texas Local Government Code
Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing
Division will place such orders.
5.3 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer may
result in rejection of delivery,return of goods at the Seller's cost and/or non-payment.
6.0 SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice. Each shipping
container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b)
Consignee's name, address and purchase order or purchase change order number; (c) Container
number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container
bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided.
EXHIBIT A
Goods shall be suitably packed to secure lowest transportation costs and to conform to
requirements of common carriers and any applicable specifications. Buyer's count or weight shall
be final and conclusive on shipments not accompanied by packing lists.
7.0 SHIPMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will
operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and
takes possession of the goods at the point or points of delivery after inspection and acceptance of
the goods.
9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES
Freight terms shall be F.O.B. Destination,Freight Prepaid and Allowed, unless delivery terms are
specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation
costs in the amount specified in Seller's proposals or actual costs, whichever is lower, if the
quoted delivery terms do not include transportation costs; provided,Buyer shall have the right to
designate what method of transportation shall be used to ship the goods.
10.0 PLACE OF DELIVERY
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order,or release order.
11.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
12.1 INVOICES
12.2 Seller shall submit separate invoices in duplicate, on each purchase order or purchase
change order after each delivery. Invoices shall indicate the purchase order or purchase
change order number. Invoices shall be itemized and transportation charges, if any, shall
be listed separately. A copy of the bill of lading and the freight waybill, when applicable,
should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's
Department and address as set forth in the block of the purchase order, purchase change
order or release order entitled "Ship to." Payment shall not be made until the above
instruments have been submitted after delivery and acceptance of the goods and/or
services.
12.3 Seller shall not include Federal Excise, State or City Sales Tax in its invoices.The Buyer
shall furnish a tax exemption certificate upon Seller's request.
13.1 PRICE WARRANTY
13.2 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher than Seller's current prices on orders by others for products and
services of the kind and specification covered by this agreement for similar quantities
under like conditions and methods of purchase. In the event Seller breaches this
warranty, the prices of the items shall be reduced to the prices contained in Seller's
proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel
this contract without any liability to Seller for breach or for Seller's actual expense. Such
remedies are in addition to and not in lieu of any other remedies which Buyer may have
EXHIBIT A
in law or equity.
13.3 Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or selling
agency that is maintained by Seller for the purpose of securing business. For breach or
violation of this warranty, Buyer shall have the right, in addition to any other right or
rights arising pursuant to said purchase(s), to cancel this contract without liability and to
deduct from the contract price such commission percentage, brokerage or contingent fee,
or otherwise to recover the full amount thereof.
14.0 PRODUCT WARRANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will
conform to Buyer's specifications,drawings and descriptions listed in the proposal invitation, and
the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's
specifications,drawings,and descriptions,Buyer's specifications shall govern.
15.0 SAFETY WARRANTY
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance with
Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach
and cause this contract to terminate immediately.
16.0 SOFTWARE.LICENSF TO SELLER
If this purchase is for the license of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royalty free license to use the software. This software is "proprietary" to Seller, and is licensed
and provided to the Buyer for its sole use for purposes under this Agreement and any attached
work orders or invoices. The City may not use or share this software without permission of the
Seller;however Buyer may make copies of the software expressly for backup purposes.
17.1 WARRANTY AGAINST INFRINGEMENT OF INT .LL.E.CTUA .PROPERTY
17.2 The SELLER warrants that all Deliverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
analyses, applications, methods, ways, and processes (in this Section each
individually referred to as a"Deliverable"and collectively as the"Deliverables,")do
not infringe upon or violate any patent, copyrights, trademarks, service marks,
trade secrets, or any intellectual property rights or other third party proprietary
rights,in the performance of services under this Agreement.
17.3 SELLER shall be liable and responsible for any and all claims made against the
City for infringement of any patent, copyright, trademark, service mark, trade
secret, or other intellectual property rights by the use of or supplying of any
Deliverable(s)in the course of performance or completion of,or in any way
EXHIBIT
connected with providing the services,or the City's continued use of the
Deliverable(s)hereunder.
17.4 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense,
including the payment of attorney's fees, any claim or action against the City for
infringement of any patent, copyright, trade mark, service mark, trade secret, or
other intellectual property right arising from City's use of the Deliverable(s),or any
part thereof, in accordance with this Agreement, it being understood that this
agreement to indemnify,defend,settle or pay shall not apply if the City modifies or
misuses the Deliverable(s). So long as SELLER bears the cost and expense of
payment for claims or actions against the City pursuant to this section 8, SELLER
shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such
claim; however, City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect the City's interest, and
City agrees to cooperate with SELLER in doing so. In the event City, for whatever
reason, assumes the responsibility for payment of costs and expenses for any claim
or action brought against the City for infringement arising under this Agreement,
the City shall have the sole right to conduct the defense of any such claim or action
and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however, SELLER shall fully participate and cooperate with the
City in defense of such claim or action. City agrees to give SELLER timely written
notice of any such claim or action, with copies of all papers City may receive
relating thereto. Notwithstanding the foregoing, the City's assumption of payment
of costs or expenses shall not eliminate SELLER's duty to indemnify the City under
this Agreement. If the Deliverable(s),or any part thereof, is held to infringe and the
use thereof is enjoined or restrained or,if as a result of a settlement or compromise,
such use is materially adversely restricted,SELLER shall,at its own expense and as
City's sole remedy, either: (a) procure for City the right to continue to use the
Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing,
provided that such modification does not materially adversely affect
City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s)
with equally suitable, compatible, and functionally equivalent non-infringing
Deliverable(s) at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to SELLER, terminate this Agreement, and
refund all amounts paid to SELLER by the City, subsequent to which termination
City may seek any and all remedies available to City under law.
18.0 OWNERSHIP OF WORK PRODUCT
Seller agrees that any and all analyses,evaluations, reports, memoranda, letters, ideas, processes,
methods,programs, and manuals that were developed,prepared,conceived,made or suggested by
the Seller for the City pursuant to a Work Order, including all such developments as are
originated or conceived during the term of the Contract and that are completed or reduced to
writing thereafter(the"Work Product")and Seller acknowledges that such Work Product may be
considered"work(s)made for hire"and will be and remain the exclusive property of the City. To
the extent that the Work Product, under applicable law, may not be considered work(s)made for
hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller
may have in any Work Product or any tangible media embodying such Work Product,without the
necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own
EXHIBIT A
name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of
its vendors hereby waives any property interest in such Work Product.
19.0 NETWORK ACCESS
The City owns and operates a computing environment and network(collectively the "Network").
If Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder,and the Seller is required to utilize the Internet, Intranet,email,City database, or other
network application, Seller shall separately execute the City's Network Access Agreement prior
to providing such services. A copy of the City's standard Network Access Agreement can be
provided upon request.
20.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties
of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which
Buyer may have in law or equity.
21.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice
of Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
22.0 ASSIGNMENT/DEL.EGATION
No interest, obligation or right of Seller, including the right to receive payment, under this
contract shall be assigned or delegated to another entity without the express written consent of
Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally
ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving
its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents,
as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and
transfer of rights, interests, or obligations to another entity. The documents that may be requested
include, but are not limited to, Articles of Incorporation and related amendments, Certificate of
Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to
withhold all payments to any entity other than Seller, if Seller is not in compliance with this
provision. If Seller fails to provide necessary information in accordance with this section, Buyer
shall not be liable for any penalties,fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by
a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
24.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by bothparties.
25.0 THF.AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with any
applicable proposal documents published by the Buyer and Seller's Response to such proposal
EXHIBIT A
(the "contract documents"). This Agreement is intended by the parties as a final expression of
their agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between the parties and no usage of trade shall be
relevant to supplement or explain any term used in this Agreement. Acceptance of or
acquiescence in a course of performance under this Agreement shall not be relevant to determine
the meaning of this Agreement even though the accepting or acquiescing party has knowledge of
the performance and opportunity for objection. Whenever a term defined by the Uniform
Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall
control. In the event of a conflict between the contract documents, the order of precedence shall
be these Standard Terms and Conditions, the Buyer's published proposal documents and the
Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall
not apply.
26.0 APPLICABLE LAW/VENUE
This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform
Commercial Code" or"UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract
shall be governed,construed and enforced under the laws of the State ofTexas.
27.0 INDEPENDENT CONTRACTOR(S))
Seller shall operate hereunder as an independent Contractor(s)and not as an officer, agent, servant
or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control,
the details of its operations hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, vendors and sub-
vendors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its
officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as
creating a partnership or joint enterprise between Buyer and Seller, its officers, agents,
employees,vendors and subvendors.
28.1 LIABILITY AND INDEMNIFICATION.
28.2 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE
OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
28.3 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO
REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE
OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING LOST PROFITS)
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF
EXHIBIT A
SELLER,ITS OFFICERS,AGENTS,SUBCONTRACTOR(S)S,SERVANTS OR
EMPLOYEES.
29.0 ,SEVERABIL.ITY
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
30.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract, then Buyer will immediately notify Seller of such occurrence
and this contract shall be terminated on the last day of the fiscal period for which funds have been
appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available.
31.0 NOTICES TO PARTIES
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to
have been delivered three (3) business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached,addressed to Purchasing
Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102.
Notices to Seller shall be conclusively determined to have been delivered three(3)business days
following the day such notice is deposited in the United States mail, in a sealed envelope with
sufficient postage attached, addressed to the address given by Seller in its response to Buyer's
invitation to proposals. Or if sent via express courier or hand delivery, notice is considered
received upon delivery.
32.0 NON-DISCRIMINATION
This contract is made and entered into with reference specifically to Chapter 17, Article III,
Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents,
vendors or subvendors, have fully complied with all provisions of same and that no employee,
participant, applicant, Contractor(s)or subContractor(s)has been discriminated against according
to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or
subvendors herein.
33.0 IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility,employment verification, and nondiscrimination. Vendor shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all
employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Vendor shall provide City with a
certification letter that it has complied with the verification requirements required by this
Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
EXHIBIT A
34.0 HEALTH.SAFETY.AND ENVIRONMENTAL REQUIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
35.0 RIGHT TO AUDIT
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of
three (3) years after final payment under this contract, and at no additional cost to Buyer, have
access to and the right to examine and copy any directly pertinent books, computer disks, digital
files, documents, papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees
that the Buyer shall have access, during normal working hours, to all necessary Seller facilities,
and shall be provided adequate and appropriate workspace, in order to conduct audits in
compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any
copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer
shall give Seller reasonable advance written notice of intended audits, but no less than ten (10)
business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller
warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of
disability in the provision of services to general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with, or employees of Seller or any of its
subvendors. Seller warrants it will My comply with ADA's provisions and any other applicable
federal, state and local laws concerning disability and will defend, indemnify and hold Buyer
harmless against any claims or allegations asserted by third parties or subvendors against Buyer
arising out of Seller's and/or its subvendor's alleged failure to comply with the above-referenced laws
concerning disability discrimination in the performance of this agreement.
37.0 DISPUTE.RESOLUTION
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations, services rendered or any warranty that arises under this Agreement,the parties shall first
attempt to resolve the matter through this dispute resolution process. The disputing party shall notify
the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The
notice shall state the nature of the dispute and list the party's specific reasons for such dispute.
Within ten(10) business days of receipt of the notice, both parties shall make a good faith effort,
either through email, mail, phone conference, in person meetings, or other reasonable means to
resolve any claim, dispute, breach or other matter in question that may arise out of,or in connection
with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of
receipt of the notice of the dispute,then the parties may submit the matter to non-binding mediation
upon written consent of authorized representatives of both parties in accordance with the Industry
Arbitration Rules of the American Arbitration Association or other applicable rules governing
mediation then in effect. If the parties cannot resolve the dispute through mediation,then either party
shall have the right to exercise any and all remedies available under law regarding the dispute.
EXHIBIT A
38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is
prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1)does not boycott Israel; and(2) will not
boycott Israel during the term of the contract. The terms"boycott Israel" and"company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing
this contract,Seller certifies that Seller's signature provides written verification to the City that
Seller: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
EXHIBIT B
June 11,2018 CONCENTRIC p+�/
Camillia Ryan 4W SECURI t i Lac
Contractor/Buyer "for liuilailVV COTAidcnCc "
Fire Department/Emergency Management Division
200 Texas Street
Fort Worth,Texas 76244
Phone:817-994-2881
CS00300 R2
Re: Ft.Worth FD-EMD Archer 1200 Kits
Ft Worth,TX
Scope of Work
GS-38-XS-1000-BT-CON Archer quad trailer to include: primed and painted finish trailer sized for up to(4)Archer 1200
portable barriers with winch and straps (Archer 1200 portable barriers sold separately).Please
note that freight is not included in the unit price and is an additional charge.
GS-38-XS-100-HA-CON Archer hauls-all dolly to include: primed and painted finish dolly for hauling Archer 1200
portable barrier(Archer 1200 portable barrier sold separately).
GS-38-XS-2120-PB-CON Archer 1200 barrier to include: Archer 1200 portable barrier with primed and painted finish.
GS-38-XS-44-TB-CON Archer Towbar to include: primed and painted finish Towbar for Archer 1200 portable barrier
(Archer 1200 portable barrier sold separately).
Furnish Three(3)Archer 1200 Trailer Kits to Include:
• ( 3)Quad Trailer
• ( 3)Hauls-All Dolly
• (24)Archer 1200 Barriers
• ( 3)Towbar
• Ship to site,
• Unload product and train local personnel by others:
Price
Description SIN# Unit GSA Qty Price
Schedule Price
GS-38-XS-1000-BT-CON quad trailer 246 351 $8,524.87 3 25,574.61
GS-38-XS-100-HA-CON dolly 246 351 $2,835.64 3 8,506.92
GS-38-XS-2120-PB-CON barrier 246351 $5,644.84 24 135,476.16
GS-38-XS-44-TB-CON towbar 246 351 $690.37 3 2,071.11
Freight N/A N/A 1 9,000.00
Total $ 180,628.80
A price breakout has been provided for convenience only.Concentric Security's price Proposal is based upon award of the
full scope of work.The breakout pricing cannot be used for add or deducts. If a change in scope is required please advise,
and we will revise our proposal accordingly.
Project Notes
General Inclusions:
• Standard equipment cut sheets and shop drawings;
• Standard operational and maintenance manuals;
• Standard manufacturer's parts warranty
7560 Main Street,Sykesville,MD 21784 410-552-9950(ph) 410-552-9939(fax) sales@concentricsecurity.com
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SIN 246-1000-Ancillary Services
Includes,but is not limited to: supplies and/or services necessary to install the system(from design through start-up),
maintain the system(including maintenance agreements,which may not exceed the term of this contract),or training.
Ancillary Service excludes:
• Construction(construction is defined as alteration,or repair of buildings,structures,or other real property)
• Architectural Engineering Services(A&E) under the Brooks Architect-Engineers Act as stated in Federal Acquisition
Regulation(FAR) Part 36.These services shall be ordered only in accordance with Part 36 and agency procedures,and shall
not be included on a GSA contract order as an open market item.
• Personal services.
• Stand-alone services which are applicable to the Service Contract Act(SCA)
Contractors are responsible for the following when performing services or providing supplies under this SIN:
• Contractors may subcontract any ancillary services or supplies ordered under this Special Item Number,unless
specifically prohibited by the contracting officer issuing the order against the Multiple Award Schedule contract.
• Contractors are responsible for insuring that the scope of work is completed and all warranties are honored.
• Subcontractors must be licensed and bonded,as applicable.
• Compliance with all local laws,regulations,and ordinances are the responsibility of the prime contractor.
• The prime contractor shall accept full responsibility and liability for all work performed by subcontractors,at any
level or tier.
• The Government reserves the right to apply liquidated damages whenever the required delivery date is not met.
• Contractors are required to maintain insurance in accordance with Clause 52.228-5, Insurance—Work on a
Government Installation.
• Agencies'Scope of Work will inform the Contractor of the required insurance amounts. Clause 52.228-5 is made
part of this contract by reference.
• The contracting officer for the ordering agency may insert any agency unique requirements for the job,including
employee suitability determination requirements(security checks),into the scope of work.
• Contractor quotations shall specifically detail all products and services with the contract price and provide a single
price for services.
• Sales of ancillary services or supplies shall not be combined or reported with the product SIN.
The ordering agency is responsible for:
• Defining and issuing the statement of work for ancillary services. Accurate definition of the scope and statement
of work is essential to facilitate realistic quotations. The statement of work shall also inform the contractor of any
applicable insurance requirements.
• Ordering agencies shall obtain pricing information from the schedule contractors,and will negotiate for ancillary
services and supplies on an order by order basis,based on complexity and level of effort. Ancillary services and supplies
shall be priced as separate line items on each order.
• Pricing of services and supplies has been determined fair and reasonable by GSA. However,ordering agencies shall
make a determination that the total price is fair and reasonable based on the level of effort and the mix of labor proposed.
• Ordering agencies will comply with all appropriation laws and ensure that the correct types of funds are obligated
on each order.
Reference FAR 8.4 for an explanation of ordering procedures used when purchasing through a Multiple Award
Schedule contract.
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All proposed supplies and services must be within the scope of this SIN on the contract. Furnish a full and detailed
description of the supplies and/or services offered and a pricing proposal in accordance with the Pricing Proposal document
of the solicitation.
Special Instructions:The work performed under this SIN shall be associated with existing SIN(s)that are part of this
schedule. Ancillary supplies and/or services shall not be the primary purpose of the work ordered,but be an integral part of
the total solution offered. Ancillary supplies and/or services may only be ordered in conjunction with or in support of
supplies or services purchased under another SIN(s)of the same schedule. Offeror may be required to provide additional
information to support a determination that their proposed ancillary supplies and/or services are commercially offered in
support of one or more SIN(s)under this schedule.
OFFEROR MAY ONLY OFFER THIS SPECIAL ITEM NUMBER IN CONJUNCTION WITH SYSTEMS OFFERED UNDER THIS
SCHEDULE. THE PRINCIPAL PURPOSE OF THIS SCHEDULE IS FOR THE PURCHASE OF ALARM AND SIGNAL SYSTEMS/FACILITY
MANAGEMENT SYSTEMS.
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SIN 246-51—Installation Requiring Construction
INCLUDES: Installation which requires construction.
Note: Ancillary services involving installation which do not meet the definition of construction as defined in FAR 2.101
shall be covered under SIN 246-1000.
Note: This SIN specifically EXCLUDES Architectural Engineering Services(A&E)under the Brooks Architect-Engineers
Act as stated in Federal Acquisition Regulation(FAR)Part 36.These services shall be ordered only in accordance with
Part 36 and agency procedures,and shall not be included on a contract order as an open market item.
Contractors are responsible for the following when performing services under this SIN:
• Contractors must comply with Construction Clauses and Davis-Bacon Regulations. The clauses shown in
Appendix 1 to Attachment 3 of this solicitation will apply to agency orders placed against the schedule
contract.
• Compliance with all local laws,regulations and ordinances are the responsibility of the GSA prime contractor.
The prime contractor shall accept full responsibility and liability for all work performed by subcontractors
under a resultant contract.
• Contractors shall review the statement of work issued by the ordering agency and provide a separate quote
for services to be performed under this SIN based on the ordering agency's requirements. Should the
contractor not be able to meet requirement(s)in the statement of work,the contractor's quote must
specifically identify the items which have not been included in the quoted price.
• Contractors must provide bonding and insurance as required by the ordering agency's statement of work.
• Contractors may serve as a prime contractor and subcontract any services,including installation or site
preparation,unless specifically prohibited by the ordering contracting officer. Subcontractors must comply
with any licensing and bonding requirements specified in the statement of work.
• The contractor shall be responsible,accountable and liable for all work performed,including work performed
by subcontractors(at all tiers),and for ensuring the work performed is completed in accordance with the
ordering agencies statement of work.
• The contractor shall ensure all warranties are honored. All construction work must be guaranteed for any
defect in workmanship and materials.
• The Government reserves the right to apply liquidated damages whenever the required delivery is not met in
accordance with clause 52.211-12,Liquidated Damages—Construction.
When placing orders for services under this SIN,Ordering Agencies shall follow the procedures at FAR 8.405: The ordering
agency is responsible for:
• Complying with all Federal Appropriation Laws and ensuring the correct types of funds are obligated on the
order.
• When construction,alteration or repair of public buildings or public works is to be performed under this SIN,
Ordering Agencies must comply and ensure contractor compliance with the Construction Clauses and Davis-
Bacon Regulations. See Appendix 1 of the GSA solicitation for a complete listing of the FAR and GSAM Clauses
incorporated by reference for all schedule contractors awarded this SIN. Ordering agencies shall utilize these
clauses as a guideline and shall incorporate the applicable clauses into the statement of work for orders issued
against the Federal Supply Schedule contract. The ordering agency is responsible for including the most current
version of these clauses and any other applicable clauses into the order. Clauses which require"fill-ins"shall be
completed by the ordering agency. Any agency specific clauses which may apply based on agency regulations
or requirements shall be incorporated in the agency task order.
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• Defining and issuing the statement of work for services,including installation and site preparation. It is
essential that the ordering agency's statement of work includes an accurate description of the work
requirement to facilitate realistic quotations.
• The statement of work shall clearly inform the contractor of all bonding requirements and any required
insurance amounts.
• The ordering agency will provide the local Davis-Bacon wage rates to contractors. Applicable wage
determinations will be incorporated into the statement of work and resulting task order.
• Reviewing quotations from schedule contractors to ensure the work proposed meets the statement of work
requirements. The ordering agency should request the contractor to submit fixed price quotes to perform the
services.
• The ordering agency shall evaluate all responses received using the evaluation criteria provided to the schedule
contractors. The ordering agency is responsible for considering the level of effort and the mix of labor
proposed to perform a specific task being ordered,and for determining that the total price is reasonable.
• Performance clauses shall be modified for each job by the ordering agency.
• Administration of orders issued under this Special Item Number.
• All orders and payments must be made to the schedule contractor or their designee. Example: A contractor
may designate a participating dealer to receive payment.
All proposed services must be within the contract scope. Furnish a full and detailed description of the services
offered and a pricing proposal in accordance with the Services Pricing Proposal(See Pricing Proposal Attachment to
this solicitation)of the solicitation. Upon award,the contract will specifically state those services accepted for this
SIN.
OFFEROR MAY ONLY OFFER THIS SPECIAL ITEM NUMBER IN CONJUNCTION WITH SYSTEMS OFFERED UNDER THIS
SCHEDULE. THE PRINCIPAL PURPOSE OF THIS SCHEDULE IS FOR THE PURCHASE OF ALARM AND SIGNAL
SYSTEMS/FACILITY MANAGEMENT SYSTEMS.
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Terms and Conditions Applicable to SIN 246-51—Installation Requiring Construction
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (LOCAL DEVIATION)
This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in full
text.Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may be accessed
electronically at this/these address(es):
For contract clauses which are contained in the Federal Acquisition Regulation(FAR)the address is
http://www.arnet.sov/far/.
For contract clauses which are contained in the General Services Acquisition Manual(GSAM)the address is
htW.Wwww.arnet.gov/GSAM/gsam.html.
The following clauses are incorporated by reference:
CATEGORY REFERENCE CLAUSE NO.AND TITLE
ADJUSTMENTS FAR 52.243-4 Changes(8-87)
GSAM 552.243-71 Equitable Adjustments(4-84)
GSAM 552.243-70 Pricing of Adjustments(4-89)
FAR 52.215-15 Pension Adjustments and Asset Reversions(10-04)
GSAM 552.215-70 Examination of Records by GSA(2-96)
FAR 52.215-18 Reversion or Adjustment of
Plans for Post-retirement Benefits
Other Than Pensions (PRB)(7-05)
AUDITS FAR 52.215-2 Audit and Records—Negotiation(6-99)
FAR 52.215-11 Price Reduction for Defective
Cost or Pricing Data—Modifications(10-97)
[applicable to modifications equal to or exceeding
$500,000 and no exception applies]
FAR 52.215-13 Subcontractor Cost or Pricing
Data—Modifications(10-97)
[applicable to modifications
equal to or exceeding$500,000
and no exception applies]
BONDS AND FAR 52.228-1 Bid Guarantee(9-96)
INSURANCE FAR 52.228-2 Additional Bond Security(10-97)
FAR 52.228-11 Pledges of Assets(2-92)
FAR 52.228-12 Prospective Subcontractor(10-95)
FAR 52.228-13 Alternate Payment Protections(7-00)
Requests for Bonds(10-95)
FAR 52.228-14 Irrevocable Letter of Credit(12-99)
FAR 52.228-15 Performance and Payment Bonds
Construction(9-05)
FAR 52.228-5 Insurance—Work on a
Government Installation(1-97)
GSAM 552.228-70 Workmen's Compensation Laws(9-99)
BUY AMERICAN FAR 52.225-9 Buy American Act-Construction Materials(1-05)
(under$6,725,000)
FAR 52.225-10 Notice of Buy American Construction Materials
(5-02)
FAR 52.225-11 Buy American Act Construction Materials under
Trade Agreements(1-05)(over$6,725,000)
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CATEGORY REFERENCE CLAUSE NO.AND TITLE
FAR 52.225-12 Notice of Buy American Construction Materials
Under Trade Agreements(1-05)
FAR 52.225-15 Sanctioned European Union County End Products
(less than$169,000)(2-00)
FAR 52.247-63 Preference for U.S.-Flag Air Carriers(6-03)
FAR 52.247-64 Preference for Privately Owned U.S.Flag
Commercial Vessels(4-03)
DISPUTES FAR 52.233-1 Disputes(7-02)(Alternate 1)(12-91)
EMPLOYMENT FAR 52.222-3 Convict Labor(6-03)
PRACTICES FAR 52.222-27 Affirmative Action Compliance Requirements
for Construction(2-99)
FAR 52.222-35 Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era,and Other Eligible
Veterans(12-01)
ENVIRONMENTAL FAR 52.223-6 Drug-Free Workplace(5-01)
PROTECTION FAR 52.223-11 Ozone-Depleting Substances(5-01)
FAR 52.223-12 Refrigeration Equipment and Air
Conditioners(5-95)
FAR 52.223-13 Certification of Toxic Chemical Release Reporting
(8-03)
FAR 52.223-14 Toxic Chemical Release Reporting(8-03)
GENERAL FAR 52.202-1 Definitions(7-04)Alt 1(5-01)
INSPECTION FAR 52.246-12 Inspection of Construction(8-96)
GSAM 552.246-72 Final Inspection and Tests(9-99)
OPTION FAR 52.222-30 Davis-Bacon Act-Price Adjustment(None or
PRICING Separately Specified Pricing Method)(12-01)
ADJUSTMENTS FAR 52.222-31 Davis-Bacon Act-Price Adjustment(Per-
centage Method)(12-01)
FAR 52.222-32 Davis-Bacon Act-Price Adjustment(Actual
Method)(12-01)
PATENTS,DATA, FAR 52.227-1 Authorization and Consent(7-95)
AND COPYRIGHTS FAR 52.227-2 Notice and Assistance Regarding Patent and
Copyright Infringement(8-96)
FAR 52.227-4 Patent Indemnity-Construction Contracts(4-84)
PAYMENT FAR 52.232-5 Payments under Fixed-
Price Construction Contracts(9-02)
FAR 52.232-27 Prompt Payment for Construction Contracts(9-05)
FAR 52.243-6 Change Order Accounting(4-84)
PERFORMANCE FAR 52.211-10 Commencement, Prosecution,and Completion of
Work(4-84)
FAR 52.211-12 Liquidated Damages-Construction(9-00)
FAR 52.211-13 Time Extensions(9-00)
FAR 52.236-26 Pre-Construction Conference(2-95)
FAR 52.236-28 Preparation of Proposals-Construction(10-97)
FAR 52.236-5 Material and Workmanship(4-84)
FAR 52.236-6 Superintendence by the Contractor(4-84)
FAR 52.236-7 Permits and Responsibilities(11-91)
GSAM 552.236-79 Samples(4-84)
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CATEGORY REFERENCE CLAUSE NO.AND TITLE
FAR 52.236-17 Layout of Work(4-84)
FAR 52.236-14 Availability and Use of Utility Services(4-84)
GSAM 552.236-75 Use of Premises(4-84)
FAR 52.236-10 Operations and Storage Areas(4-84)
GSAM 552.236-80 Heat(4-84)
GSAM 552.236-74 Working Hours(4-84)
FAR 52.236-9 Protection of Existing Vegetation,
Structures,Equipment,Utilities,
and Improvements(4-84)
FAR 52.236-13 Accident Prevention(11-91)-or-
Accident Prevention(11-91)(Alt I)
(11-91)(Projects over 1 year in
duration or involving hazardous
materials)
FAR 52.236-12 Cleaning Up(4-84)
FAR 52.222-16 Approval of Wage Rates(2-88)
FAR 52.222-17 Labor Standards for Construction Work-Facilities
Contracts(2-88)
PROTESTS FAR 52.233-2 Service of Protest(8-96)
FAR 52.233-3 Protest after Award(8-96)
SCHEDULES FAR 52.236-15 Schedules for Construction Contracts(4-84)
SITE FAR 52.236-2 Differing Site Condition's(4-84)
CONDITIONS FAR 52.236-3 Site Investigations and Conditions Affecting the
Work(4-84)
GSAM 552.236-76 Measurements(4-84)
SPECIFICATIONS FAR 52.236-21 Specifications and Drawings for
AND DRAWINGS Construction(2-97)
GSAM 552.236-77 Specifications and Drawings(9-99)
GSAM 552.236-78 Shop Drawings Coordination Drawings,
and Schedules(9-99)
STANDARDS OF CONDUCT FAR 52.203-5 Covenant Against Contingent Fees(4-84)
FAR 52.203-7 Anti-Kickback Procedures(7-95)
FAR 52.203.8 Cancellation,Rescission,and Recovery of Funds for
Illegal or Improper Activity(1-97)
FAR 52.203-12 Limitation on Payments to
Influence Certain Federal Transactions(9-05)
STOP WORK/ FAR 52.242-14 Suspension of Work(4-84)
TERMINATION GSAM 552.211-84 Non-compliance with
Contract Requirements(2-96)
FAR 52.249-2 Termination for Convenience of the Government
(Fixed-Price)(5-04)(Alt I)(9-96)
FAR 52.249-10 Default(Fixed-Price-Construction)(4-84)
SUBCONTRACTING FAR 52.209-6 Protecting the Government's Interest when
Subcontracting with Contractors Debarred,
Suspended,or Proposed for Debarment(1-05)
FAR 52.244-2 Subcontracts(Fixed Price Contracts)(8-98)
FAR 52.244-6 Subcontracts for Commercial Items(12-04)
TAXES FAR 52.229-3 Federal,State,and Local Taxes(4-03)
USE AND FAR 52.236-11 Use and Possession Prior to Completion(4-84)
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CATEGORY REFERENCE CLAUSE NO.AND TITLE
POSSESSION GSAM 552.236-81 Use of Equipment by the Government(4-84)
VALUE FAR 52.248-3 Value Engineering Construction(2-00)(Alt 1)(4-84)
ENGINEERING
WARRANTY AND FAR 52.246-21 Warranty of Construction(3-94)(Alt 1)(4-84)
GUARANTEES GSAM 552.246-75 Guarantees(5-89)
NOTE: THE FOLLOWING CLAUSE IS INCORPORATED IN FULL TEXT BECAUSE IT CONTAINS APPROVED DEVIATIONS TO
FEDERAL ACQUISITION REGULATION (FAR) LANGUAGE OR IS OTHERWISE UNSUITABLE FOR INCORPORATION BY
REFERENCE(IBR).
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS(Mar 2007)
(a)Definitions.As used in this clause—
"Commercial item"has the meaning contained in Federal Acquisition Regulation 2.101,Definitions.
"Subcontract"includes a transfer of commercial items between divisions,subsidiaries,or affiliates of the Contractor or
subcontractor at any tier.
(b)To the maximum extent practicable,the Contractor shall incorporate,and require its subcontractors at all tiers to
incorporate,commercial items or nondevelopmental items as components of items to be supplied under this contract.
(c)(1)The Contractor shall insert the following clauses in subcontracts for commercial items:
(i)52.219-8, Utilization of Small Business Concerns(May 2004)(15 U.S.C.637(d)(2)and(3)),in all subcontracts that
offer further subcontracting opportunities. If the subcontract(except subcontracts to small business concerns)exceeds
$550,000($1,000,000 for construction of any public facility),the subcontractor must include 52.219-8 in lower tier
subcontracts that offer subcontracting opportunities.
(ii)52.222-26, Equal Opportunity(Mar 2007)(E.O.11246).
(iii)52.222-35,Equal Opportunity for Special Disabled Veterans,Veterans of the Vietnam Era,and Other Eligible
Veterans(Sept 2006)(38 U.S.C.4212(a));
(iv)52.222-36,Affirmative Action for Workers with Disabilities(June 1998)(29 U.S.C.793).
(v)52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees(Dec 2004)(E.O. 13201).
Flow down as required in accordance with paragraph(g)of FAR clause 52.222-39).
(vi)52.247-64,Preference for Privately Owned U.S.-Flag Commercial Vessels(Feb 2006)(46 U.S.C.App. 1241 and
10 U.S.C.2631)(flow down required in accordance with paragraph(d)of FAR clause 52.247-64).
(2)While not required,the Contractor may flow down to subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.
(d)The Contractor shall include the terms of this clause,including this paragraph(d),in subcontracts awarded under this
contract.
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LABOR STANDARDS(CONSTRUCTION CONTRACT)
(Applicable to Contracts in Excess of$2,000)
52.222-4 CONTRACTWORK HOURSAND SAFETY STANDARD ACT–OVERTIME COMPENSATION
(JULY 2005)
(a)Overtime requirements. No Contractor or subcontractor employing laborers or mechanics(see Federal Acquisition
Regulation 22.300)shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and
1/2 times the basic rate of pay for each hour worked over 40 hours.
(b) Violation;liability for unpaid wages,liquidated damages.The responsible Contractor and subcontractor are liable for
unpaid wages if they violate the terms in paragraph(a)of this clause. In addition,the Contractor and subcontractor are
liable for liquidated damages payable to the Government.The Contracting Officer will assess liquidated damages at the rate
of$10 per affected employee for each calendar day on which the employer required or permitted the employee to work in
excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and
Safety Standards Act.
(c) Withholding for unpaid wages and liquidated damages.The Contracting Officer will withhold from payments due under
the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated
damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities,the
Contracting Officer will withhold payments from other Federal or federally assisted contracts held by the same Contractor
that are subject to the Contract Work Hours and Safety Standards Act.
(d)Payrolls and basic records.
(1)The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and
mechanics working on the contract during the contract and shall make them available to the Government until 3 years after
contract completion.The records shall contain the name and address of each employee,social security number,labor
classifications,hourly rates of wages paid,daily and weekly number of hours worked,deductions made,and actual wages
paid.The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR
5.5(a)(3)implementing the Davis-Bacon Act.
(2)The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the
Department of Labor to inspect,copy,or transcribe records maintained under paragraph(d)(1)of this clause.The
Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor
to interview employees in the workplace during working hours.
(e)Subcontracts.The Contractor shall insert the provisions set forth in paragraphs(a)through(d)of this clause in
subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include
these provisions in any such lower tier subcontracts.The Contractor shall be responsible for compliance by any
subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs(a)through(d)of this clause.
52.222-6 DAVIS-BACON ACT(JULY 2005)
(a)Definition.—"Site of the work"—
(1)Means—
(i)The primary site of the work.The physical place or places where the construction called for in the contract will
remain when work on it is completed;and
(ii) The secondary site of the work,if any.Any other site where a significant portion of the building or work is
constructed,provided that such site is—
(A)Located in the United States;and
(B)Established specifically for the performance of the contract or project;
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(2) Except as provided in paragraph(3)of this definition,includes any fabrication plants,mobile factories,batch
plants,borrow pits,job headquarters,tool yards,etc.,provided—
(i)They are dedicated exclusively,or nearly so,to performance of the contract or project;and
(ii)They are adjacent or virtually adjacent to the"primary site of the work"as defined in paragraph(a)(1)(i),or the
"secondary site of the work"as defined in paragraph(a)(1)(ii)of this definition;
(3)Does not include permanent home offices,branch plant establishments,fabrication plants,or tool yards of a
Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a
particular Federal contract or project. In addition,fabrication plants,batch plants,borrow pits,job headquarters,yards,
etc.,of a commercial or material supplier which are established by a supplier of materials for the project before opening of
bids and not on the Project site,are not included in the"site of the work."Such permanent,previously established facilities
are not a part of the"site of the work'even if the operations for a period of time may be dedicated exclusively or nearly so,
to the performance of a contract.
(b)(1)All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of
wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,or
as may be incorporated for a secondary site of the work,regardless of any contractual relationship which may be alleged to
exist between the Contractor and such laborers and mechanics.Any wage determination incorporated for a secondary site
of the work shall be effective from the first day on which work under the contract was performed at that site and shall be
incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction
Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site
of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the
primary site of the work.
(2)Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the
Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the
provisions of paragraph(e)of this clause;also,regular contributions made or costs incurred for more than a weekly period
(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period,are deemed to
be constructively made or incurred during such period.
(3)Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage
determination for the classification of work actually performed,without regard to skill,except as provided in the clause
entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein;provided that the employer's
payroll records accurately set forth the time spent in each classification in which work is performed.
(4)The wage determination(including any additional classifications and wage rates conformed under paragraph(c)of
this clause)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the Contractor and its subcontractors at
the primary site of the work and the secondary site of the work,if any,in a prominent and accessible place where it can be
easily seen by the workers.
(c)(1)The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance with the wage
determination.The Contracting Officer shall approve an additional classification and wage rate and fringe benefits
therefore only when all the following criteria have been met:
(i)The work to be performed by the classification requested is not performed by a classification in the wage
determination.
(ii)The classification is utilized in the area by the construction industry.
(iii)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage
rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification(if known),or their
representatives,and the Contracting Officer agree on the classification and wage rate(including the amount designated for
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fringe benefits,where appropriate),a report of the action taken shall be sent by the Contracting Officer to the
Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S.Department of Labor
Washington,DC 20210
The Administrator or an authorized representative will approve,modify,or disapprove every additional classification
action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day
period that additional time is necessary.
(3)In the event the Contractor,the laborers or mechanics to be employed in the classification,or their
representatives,and the Contracting Officer do not agree on the proposed classification and wage rate(including the
amount designated for fringe benefits,where appropriate),the Contracting Officer shall refer the questions,including the
views of all interested parties and the recommendation of the Contracting Officer,to the Administrator of the Wage and
Hour Division for determination.The Administrator,or an authorized representative,will issue a determination within
30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that
additional time is necessary.
(4)The wage rate(including fringe benefits,where appropriate)determined pursuant to paragraphs(c)(2)and(c)(3)
of this clause shall be paid to all workers performing work in the classification under this contract from the first day on
which work is performed in the classification.
(d)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate,the Contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(e)If the Contractor does not make payments to a trustee or other third person,the Contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program;provided,That the Secretary of Labor has found,upon the written request of the Contractor,that
the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the Contractor to set
aside in a separate account assets for the meeting of obligations under the plan or program.
52.222-7 WITHHOLDING OF FUNDS(FEB 1988)
The Contracting Officer shall.upon his or her own action or upon written request of an authorized representative of the
Department of Labor.withhold or cause to be withheld from the Contractor under this contract or any other Federal
contract with the same Prime Contractor,or any other Federally-assisted contract subject to Davis-Bacon prevailing wage
requirements,which is held by the same Prime Contractor,so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics.including apprentices,trainees,and helpers,employed by the
Contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer
or mechanic,including an apprentice,trainee,or helper,employed or working on the site of the work,all or part of the
wages required by the contract,the Contracting Officer may,after written notice to the Contractor,take such action as may
be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have
ceased.
52.222-8 PAYROLLS AND BASIC RECORDS(FEB 1988)
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and
preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work.Such records
shall contain the name,address and social security number of each such worker,his or her correct classification,hourly
rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,
deductions made,and actual wages paid.Whenever the Secretary of Labor has found,under paragraph(d)of the clause
entitled Davis Bacon Act,that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the Contractor shall
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EXHIBIT C
Concentric Security,LLC.
maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is
financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics
affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits.Contractors
employing apprentices or trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the
ratios and wage rates prescribed in the applicable programs.
(b) (1)The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to
the Contracting Officer.The payrolls submitted shall set out accurately and completely all of the information required to be
maintained under paragraphs(a)of this clause This information may be submitted in any form desired.Optional Form WH-
347(Federal Stock Number 02—005-014-1)is available for this purpose and may be purchased from the Superintendent of
Documents,U.S.Government Printing Office,Washington,DC 20402.The Prime Contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the Contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify-
(i) That the payroll for the payroll period contains the information required to be maintained under paragraph(a)of this
clause and that such information is correct and complete;
(ii) That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract during the
payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no
deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as
set forth in the Regulations,29 CFR Part 3;and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed,as s-led in the applicable wage determination incorporated into the
contract
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall
satisfy the requirement for submission of the"Statement of Compliance required by subparagraph(b)(2)of this clause.
(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
(c) The Contractor Or subcontractor shall make the records required under paragraph(a)of this clause available for
inspection,copying,or transcription by the Contracting Officer or authored representatives of the Contracting Officer or the
Department of Labor.The Contractor or subcontractor shall permit the Contracting Officer or representatives of the
Contracting Officer or the Department of Labor to interview employees during working hours on the job.If the Contractor
or subcontractor fails to submit required records or to make them available,the Contracting Officer may after written
notice to the Contractor,take such action as may be necessary to cause the suspension of any further payment
Furthermore,failure to submit the required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
52.222-9 APPRENTICES AND TRAINEES—(JULY 2005)
(a)Apprentices.
(1)An apprentice will be permitted to work at less than the predetermined rate for the work performed when
employed—
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EXHIBIT C
Concentric Security,LLC.
(i)Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor,Employment and Training Administration,Office of Apprenticeship Training,Employer,and Labor
Services(OATELS)or with a State Apprenticeship Agency recognized by the OATELS;or
(ii)In the first 90 days of probationary employment as an apprentice in such an apprenticeship program,even
though not individually registered in the program,if certified by the OATELS or a State Apprenticeship Agency(where
appropriate)to be eligible for probationary employment as an apprentice.
(2)The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than
the ratio permitted to the Contractor as to the entire work force under the registered program.
(3)Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated
in paragraph(a)(1)of this clause,shall be paid not less than the applicable wage determination for the classification of work
actually performed.In addition,any apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed.
(4)Where a Contractor is performing construction on a project in a locality other than that in which its program is
registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in the
Contractor's or subcontractor's registered program shall be observed.Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination.
(5)Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.If the
apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed
on the wage determination for the applicable classification.If the Administrator determines that a different practice
prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination.
(6)In the event OATELS,or a State Apprenticeship Agency recognized by OATELS,withdraws approval of an
apprenticeship program,the Contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(b)Trainees.
(1)Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and individually registered in a program which has received
prior approval,evidenced by formal certification by the U.S.Department of Labor,Employment and Training
Administration,Office of Apprenticeship Training,Employer,and Labor Services(OATELS).The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by OATELS.
(2)Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of
progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does
not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed in the wage determination unless
the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for
apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan
approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the
classification of work actually performed.In addition,any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for
the work actually performed.
(3)In the event OATELS withdraws approval of a training program,the Contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(c)Equal employment opportunity.The utilization of apprentices,trainees,and journeymen under this clause shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR
Part 30.
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f
EXHIBIT C
Concentric Security,LLC.
FAR 52.222-10-COMPLIANCE WITH COPELAND ACT REQUIREMENTS(FEB 1988)
The Contractor shall comply with the requirements of 29 CFR Part 3,which are hereby incorporated by reference in
this contract.
52.222-11 SUBCONTRACTS(LABOR STANDARDS)–(JULY 2005)
(a)Definition. "Construction,alteration or repair,"as used in this clause,means all types of work done by laborers and
mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the
site thereof,including without limitation—
(1)Altering,remodeling,installation(if appropriate)on the site of the work of items fabricated off-site;
(2)Painting and decorating;
(3)Manufacturing or furnishing of materials,articles,supplies,or equipment on the site of the building or work;
(4)Transportation of materials and supplies between the site of the work within the meaning of paragraphs(a)(1)(i)
and(ii)of the"site of the work"as defined in the FAR clause at 52.222-6,Davis-Bacon Act of this contract,and a facility
which is dedicated to the construction of the building or work and is deemed part of the site of the work within the
meaning of paragraph(2)of the"site of work"definition;and
(5)Transportation of portions of the building or work between a secondary site where a significant portion of the
building or work is constructed,which is part of the"site of the work"definition in paragraph(a)(1)(ii)of the FAR clause at
52.222-6, Davis-Bacon Act,and the physical place or places where the building or work will remain(paragraph(a)(1)(i)of
the FAR clause at 52.222-6,in the"site of the work"definition).
(b)The Contractor shall insert in any subcontracts for construction,alterations and repairs within the United States the
clauses entitled—
(1)Davis-Bacon Act;
(2)Contract Work Hours and Safety Standards Act—Overtime Compensation(if the clause is included in this
contract);
(3)Apprentices and Trainees;
(4)Payrolls and Basic Records;
(5)Compliance with Copeland Act Requirements;
(6)Withholding of Funds;
(7)Subcontracts(Labor Standards);
(8)Contract Termination—Debarment;
(9)Disputes Concerning Labor Standards;
(10)Compliance with Davis-Bacon and Related Act Regulations;and
(11)Certification of Eligibility.
(c)The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing
construction within the United States with all the contract clauses cited in paragraph(b).
(d)(1)Within 14 days after award of the contract,the Contractor shall deliver to the Contracting Officer a completed
Standard Form(SF) 1413,Statement and Acknowledgment,for each subcontract for construction within the United States,
including the subcontractor's signed and dated acknowledgment that the clauses set forth in paragraph(b)of this clause
have been included in the subcontract.
(2)Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the
Contracting Officer an updated completed SF 1413 for such additional subcontract.
(e)The Contractor shall insert the substance of this clause,including this paragraph(e)in all subcontracts for construction
within the United States.
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EXHIBIT C
Concentric Security,LLC.
52.222-12 CONTRACT TERMINATION-DEBARMENT(FEB 1988)
A breach of the contract clauses entitled Davis-Bacon Act,Contract Work Hours and Safely Standards Act-Overtime
Compensation,Apprentices and Trainees„Payrolls and Basic Records,Compliance with Copeland Act Requirements,
Subcontracts(Labor Standards),Compliance With Davis-Bacon and Related Act Regulations,or Certification of
Eligibility may be grounds for termination of the contract,and for Debarment as a Contractor and subcontractor as
provided in 29 CFR 5.12.
52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS(FEB 1988)
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3,and 5 are hereby
incorporated by reference in this contract
52.222-14 DISPUTES CONCERNING LABOR STANDARDS(FEB 1988)
The United States Department of Labor has set forth in 29 CFR Parts 5,6,and 7 procedures for resolving disputes
concerning labor standards requirements.Such disputes shall be resolved in accordance with those procedures and
not the Disputes clause of this contract Disputes within the meaning of this clause include disputes between the
Contractor(or any of its subcontractors)and the contracting agency,the U.S.Department of Labor,or the
employees or their representatives.
52.222-15 CERTIFICATION OF ELIGIBILITY(FEB 1988)
(a) By entering Into this contract,the Contractor certifies that neither it(nor he or she)nor any person or firm who
has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of
section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of Section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S.Criminal Code 18 U.S.C.1001.
GS-07F-0100M
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EXHIBIT C
Concentric Security,LLC.
Schedule Contract Pricing
Bollards .................................................................................................................................................................21
Ameristar Perimeter Secuirty USA Inc.
VehicleBarriers& Operators ............................................................................................................................23
Auto Gate, Inc.
ActiveVehicle Barriers .......................................................................................................................................34
B&B ARMR Corporation
Vehicle Barriers
BlueEmber Technologies, LLC.....................................................................................................................42
HealdLimted.........................................................................................................................................................44
Meridian Rapid Defense Group...................................................................................................................46
RossTechnology Corporation ............................................................................................................................48
RSSIBarriers, LLC. ................................................................................................................................................51
Pre-Cast Concrete Barriers .................................................................................................................................58
Concentric Security, LLC
WindowFilm ........................................................................................................................................................70
CP Films, Inc.
Gatesand Gate Operators .............................................................................................................................74
Hy Security Gate, Inc.
Guard Booths
Par-Kut International, Inc. .................................................................................................................................91
AVBRepair Parts ................................................................................................................................................450
Concentric Security, LLC
GS-07F-0100M
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EXHIBIT C
Concentric Security,LLC.
Manufacturer: Meridian Rapid Defense Group
Country of Origin: United States
Point(s)of Production: Portland,OR
Leola,PA
SIN: 246 35 1
246-1000
Unit of Measure: Per Each
Fabrication Lead Time: 56 Days after Receipt of Order
Warranty: 1 Year
Freight Charges: F.O.B.Origin
Freight Charges are not included in the Unit Prices.
Please contact Concentric Security for the Freight Charge.
GS-07F-0100M
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EXHIBIT C
Concentric Security LLC.
DescriptionManufacturer Contractor Product Name Product
Part Number Part Number
Archer Barriers
XS-1000-BT-CON GS-38-XS-1000-OT-CON Archer Quad Trailer Archer quad trailer to include: primed and painted finish trailer sized $8,524.87
for up to(4)Archer 1200 portable barriers with winch and straps
(Archer 1200 portable barriers sold separately).Please note that
freight is not included in the unit price and is an additional charge.
XS-100-HA-CON GS-38-XS-100-HA-CON Archer Hauls-All Dolly Archer hauls-all dolly to include:primed and painted finish dolly for $2,835.64
hauling Archer 1200 portable barrier(Archer 1200 portable barrier soid
separately).Please note that freight is not included in the unit price
and is an additional charge.
XS-2120-INST-CON GS-38-XS-2120-INST-CON Placement of Archer 1200 Barrier Placement of Archer 1200 barrier and accessories within the $5,623.43
continental US to include:receiving and off-loading a set of(4)barriers
quad trailer(if trailer is procured),hauls-all dolly(if dolly is Procuredl,
and towbar(if towbar is Procuredl;placement and alignment of the
equipment;and providing up to(4)hours of barrier usage training to
XS-2120-PB-CON GS-38-XS-2120-PB-CON Archer 1200 Barrier Archer 1200 barrier to include:Archer 1200 portable barrier with $5,644.84
primed and painted finish.Please note that freight is not included in
the unit price and is an additional charge.
XS-44-TB-CON GS-38-XS-44-TB-CON Archer Towbar Archer Towbar to include:primed and painted finish towbar for Archer $690.37
1200 portable barrier(Archer 1200 portable barrier sold separately).
Please note that freight Is not included in the unit price and Is an
additional charge.
GS-07F-0100M
Effective through Modification PA-0083 February 21,2018
Page 47
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
By: and reporting requirements.
Name: Valerie Washington
Title: Assistant City Manager
Date: mow'I By:
Name: Homer Robertson
APPROVAL RECOMMENDED: Title: Assistant Fire Chief
APPROVED AS TO FORM AND LEGALITY:
By:
Name:'1444
Title: Acting Fire Chief By: _
Name: Matthew A. Mu y
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: P-12207
By: '�31 Date Approved:June 5,2018
Name: Mary Kayser
� I itle: City Secre Q�' �� orm 1295 Certification No.: 2018-345512
F—
SELLER:
CONCENTrfC SECj Y, LL
By:
cp"V-
Name: VV,-cv-1s
Title:
Date: 4�ZY�to t3
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT D
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by N.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire Is being filed In accordance with Chapter 176,Local Government Code,by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity hnd the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An
offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
Uf i S -Tr+ks s
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
31 Name of local government officer about whom the information is being disclosed.
/A
Name of Officer
4J Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
FlYes 71 No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
F] Yes F-1 No
5 Describe each employment or business relationship that the vendor named In Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership Interest of one percent or more.
6
Check this box N the vendor has given the local government officer or a family member of the officer one or more gifts
EJ
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
- _ (0 m)/18e
M
---
S' ature of n i doing sine ith the governmental entity pie-
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
M&C Review Page 1 of 2
Official
CITY COUNCIL AGENDA FORTORTII
COUNCIL ACTION: Approved on 6/5/2018
DATE: 6/5/2018 REFERENCE NO.: **P-12207 LOG NAME: 36ANTI-VEHICLE
BARRIERS CBR FIRE
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize a Cooperative Purchase Agreement with Concentric Security, LLC for Anti-
Vehicle Modular Barrier Kits in an Amount up $181,628.80 for the Fire Department(ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize a purchase from Concentric Security, LLC through
General Services Administration Contract No. GS-07F-0100M for Anti-Vehicle Modular Barrier Kits in
an amount up $181,628.80 for the Fire Department.
DISCUSSION:
The Fire Department, Office of Emergency Management, plans to purchase three (3) Archer 1200
anti-vehicle modular barrier kits for use in high security incidents and events. Each kit consists of a
trailer, eight barriers, pneumatic lift, tow bar and cable accessories.
There has been an increase in vehicular terrorist attacks over the past three years. These types of
attacks have become the preferred method of attack because there is no need for specialized training
and they are not likely to attract attention in the preparation phase of the terrorism cycle. These
barriers will be used to secure venues hosting major special events throughout the City, specifically
ones in downtown where there are numerous avenues of approach for a vehicle ramming attack
(Parade of Lights, Stock Show Parade, Cowtown Marathon, Main Street Arts Festival, etc.).
Staff requested pricing from three vendors (Meridian Rapid Defense Group, LLC, Concentric
Security, LLC and Grainger, Inc.). Meridian Rapid Defense Group, LLC (Meridian) is the
manufacturer and patent holder of the Archer 1200 barriers. Concentric Security, LLC and Grainger,
Inc. are the only two vendors authorized by Meridian to sell these items in the United States. Barrier
specifications are, but are not limited to, high strength steel construction, ballistic rating for armor
piercing rounds, unanchored stopping power, easy and quick deployment, reusable after impact and
no maintenance needed contracts. Accessories and training will be purchased through a separate
one-time agreement with Meridian.
This purchase will be funded by 2016 Urban Area Security Initiative Grant Funds (Direction and
Control Project), which were approved by City Council on November 8, 2016 (M&C G-18875). This
Grant does not require matching funds and indirect costs are not applicable.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under
a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek
competitive bids for purchase of the item. General Services Administration Contract No.GS-07F-
0100M has been competitively bid to increase and simplify the purchasing power of governmental
entities.
ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase may be made by
the City Manager in the amount up to $45,400.00 and does not require specific City Council approval
as long as sufficient funds have been appropriated.
BID TABULATION - Bid Tabulation is attached.
M/WBE OFFICE: M/WBE goal is not assigned when purchasing from an approved purchasing
cooperative or other public entity.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=25837&councildate=6/5/2018 7/3/2018
M&C Review Page 2 of 2
This purchase will serve all COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
appropriated, of the Grants Operating Federal Fund and that prior to an expenditure being incurred,
the Fire Department has the responsibility to validate the availability of funds. This Grant is a
reimbursable grant.
BQ N\420694\C B R
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartField 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Valerie Washington (6199)
Originating Department Head: Pat Vasquez (6801)
Additional Information Contact: Pat Vasquez (6801)
ATTACHMENTS
1295 Texas Ethics Commission Concentric Security.pdf
BARRIER PRICE TABULATION SPLIT AWARD.pdf
GSA Contract Concentric (Abbreviated).pd
http://apps.cfwnet.org/council_packet/mc review.asp?ID=25837&councildate=6/5/2018 7/3/2018
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-345512
Concentric Security, LLC
Sykesville,MD United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is04/27/2018
being filed.
Fire Department/Emergency Management Division City of Fort Worth Date Ackno/,10V7
c/: //
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
FIRED-18-00420694
Archer 1200 Barriers
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Bray,John Sykesville,MD United States X
Wachs,C. David Montgomerry,AL United States X
Oakes, Brenda Sykesville, MD United States X
Oakes, Mark Sykesville, MD United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Chris E.Truss and my date of birth is 5/12/1967
My address is 1231 Kenner Creek Circle Deatsville AL 36022 Us
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Montgomery ;;� ,;)�� County, State of AL on the 27th
day of Apnl 12018
(m (year)
Signa e o thorized4gent of contqqEtin mess entity
eclarant)
7-0 Iq
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523