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AG 18-1591/2018 RETURN TO: Thomas Fichtner EXT: 2547 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Information Technology 2. ORIGINATING STAFF PERSON: Thomas Fichtner EXT: 2547 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT m SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Replacement of APC Uninterruptible Power Supply 6. NAME OF CONTRACTOR: FUSE Data Center Services, LLC ADDRESS: 3101 111th St SW Suite Q, Everett, WA 98204 TELEPHONE 425-861-3807 E-MAIL: mark@acpower.com FAX- 425-885-7411 SIGNATURE NAME: Mark Mochkatel TITLE owner 7. EXHIBITS AND ATTACHMENTS: 19 SCOPE, WORK OR SERVICES A COMPENSATION A INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 12/5/2018 COMPLETION DATE: 12/31/2019 9. TOTAL COMPENSATION $ 35,657.53 (INCLUDE EXPENSES AND SALES TAX, 1F ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES [ANO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED A YES ❑ NO IF YES, $ 3,241.59 PAID BY: 19 CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED Q PURCHASING: PLEASE CHARGE TO: 502-1100-046-518-88-642 10. DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL/DATE APPROVED ROJECI' MANAGER (RECTOR ❑ RISK MANAGEMENT (IFAPPLICABLE) ❑ LAW f j2_ [ id f f 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: 11/27/18 COMMITTEE APPROVAL DATE: 11/24/1 SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �ry NT TO VENDOWCONTRA.CTOR DATE SENT: DATE REC'D: �' 0'' �S ❑ ATTACH: SIGNATURE AUI,IORITY, INSURANCE CERTIFfC E, LIC NSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SI ,NED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) %' G ❑ CITY CLERK_ _ ❑ ASSIGNED AG# AG ❑ SIGNED COPY RETURNED DATE SENT: OMMENTS: COMMENTS- 1/2018 LIMITED PUBLIC WORKS CONTRACT FOR REPLACEMENT OF APC UNINTERRUPTIBLE POWER SUPPLY This limited public works contract ("Contract") is dated effective this 5th day of December, 2018 and is made by and between the City of Federal Way, a Washington municipal corporation ("City" or "Owner"), and FUSE Data Center Services, a Limited Liability Corporation ("Contractor"). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at 33325 8th Ave., Federal Way, Washington ("Property"); and B. The Contractor has the requisite skill and necessary experience to perform such work. NOW, THEREFORE, the Parties ("Parties") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Replacement of APC Uninterruptible Power Supply project, in Exhibit "A" attached hereto and incorporated by this reference, ("Work"), and in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Contract Change Order Agreement attached as Exhibit "B," Notice to Labor Unions attached as Exhibit "C," Certificate(s) of Insurance Form attached hereto as Exhibit "D," Prevailing Wage Rates attached as Exhibit "E," Title VI Assurances attached hereto as Exhibit "F," and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents"), which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 Completion Date. The Work shall be completed on or before the 31" day of December, 2018. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: 3/2017 (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C T where: LD = Liquidated damages per working day (rounded to the nearest dollar). C = Original Contract amount. T = Original time for completion. When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete this entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors, performed to the City's satisfaction, within the time period prescribed by the City. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including, but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permits, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit `B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may 2 3/2017 require determining if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than the 31 day of December, 2018, and the expiration of all warranties contained in the Contract Documents ("Term"). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including, but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (l) year after the City's final acceptance of the Work. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor a fixed fee equal to Thirty -Two Thousand Four Hundred 3/2017 Fifteen and 94/100 Dollars ($32,415.94), and Washington State sales tax equal to Three Thousand Two Hundred Forty -One and 59/100 Dollars ($3,241.59), for a total amount not to exceed Thirty -Five Thousand Six Hundred Fifty Seven and 53/100 Dollars ($35,657.53), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 333258 1h Avenue South Federal Way, WA 98003-6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Brian Pearson 333258 1h Avenue South Federal Way, WA 98003-6325 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the 4 3/2017 Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit "C," as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit F. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Contract to an employment contract. It is recognized that Contractor may or will be performing work during the Term for other parties; provided, however, that such performance of other work shall not conflict with or interfere with the Contractor's ability to perform the Work. Contractor agrees to resolve any such conflicts of interest in favor of the City. 7. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, 5 3/2017 licensees, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an "All Risk Builder's Risk 2 form at all times in an amount no less than the value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 6 3/2017 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, attached hereto as Exhibit "D" and incorporated by this reference. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self-insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self-insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non-acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 10. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 7 3/2017 11. PREVAILING WAGES 11.1 Wages of Employees. This Contract is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workpersons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "E" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates, which are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 11.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; and (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 11.3 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Contract, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 11.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 12. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or insurance premiums. 8 3/2017 13. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 14. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 15. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 16. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 17. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 17.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. 17.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms 9 3/2017 used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 17.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 18. GENERAL PROVISIONS 18.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 18.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 18.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 18.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 18.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 18.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 10 3/2017 18.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 18.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 18.9 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 18.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 18.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 18.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 18.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 18.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. 11 3/2017 DATED the day and year set forth above. CITY OF FEDERAL WAY: m F ell, Mayor 33325 8`h Avenue South Federal Way, WA 98003-6325 APPROVED AS TO FORM: ATTEST: J. Ryan Call, City Attorney ha a Courtney, CMC, City Cl rk FUSE DATA C .'TER ERVICES, L By: Its: 3101 11 l` St SW Suite Q Everett, WA 98204 (425) 861-3807 STATE OF WASHINGTON ) ss. COUNTY OF ��) On this day personally appeared before me /" t . to me known to be the Sole met"nher of 6(S �a±n ret,P.V _ r %, 'i c e5 LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN m� hind and official seal this' day of /w/�P�JZt' 20d. `'%%j%j utt 11100,"Jo. IS" •� •• •• yam• _—FGt�'ILI�_ I NOTARY PUK C _ COMM. iXIM 's (typed/printed name of notary) • JAN. 16, ZM Notary Public in and for the State of Washington. •. •. �.� My commission expires ,Tcu% I t; OF 12 3/2017 EXHIBIT A SCOPE OF WORK Contractor shall provide/do the following equipment and service: • (Quantity: 1) APC Symmetra Uninterruptible Power Supply system 20kW/20kVA, 208v, N+l redundant configuration, expandable to 40kW, N+1, Modular components consist of the following: • (Quantity: 1) Symmetra PX40 UPS frame rated to 40kW capacity with (2) redundant intelligent modules, fully rated 40kW static switch, display, network management card, switch gear card, battery monitoring card, redundant system power supplies. • (Quantity: 3) l OkW power modules • (Quantity: 4) Battery modular strings (16 cartridges) • Factory startup & assembly service • 1 year onsite parts & labor warranty — Next Business Day guaranteed response. • Electrical installation of new UPS, including labor, materials, and permits. • De -installation, removal & recycle/disposal of old UPS & batteries. • Freight to Federal Way, WA — Inside delivery to data center. NOTE: Contractor shall provide a turnkey solution and provide a single APC Symmetra PX 20kW/20kVA UPS configured to 20kW, N+1 and expandable to 40kW, N+1 with battery runtime of approximately 13 minutes at 20kW load. All equipment will be installed in a single UPS frame/rack. All labor, parts & materials, services, and delivery is included. Timeline: The cutover from the old to the new UPS is expected to take up to 8 hours from shutting down the existing UPS to finalizing testing of the new UPS, when the load can be repowered from the new UPS. Work is expected to be performed during normal business hours and will be completed prior to leaving for the day. • The existing UPS will be transferred to bypass and shut down on approval from the City. • The load will be secured on bypass (optionally the generator will be started prior to the shut down and the load powered by generator during the work). • The existing UPS and batteries will be de -installed and moved out of the way. • The new UPS will be rolled into position and set into place. • Input and output conductors will be installed between the new UPS and existing bypass. • Control wiring will be installed between the new UPS and existing bypass. • The power modules and batteries will be installed in the new UPS. • The new UPS will be started up and tested while isolated from the load. • The load will be transferred to the new UPS on approval from the City. • The old UPS & batteries will be removed/replaced/disposed on a separate trip after the new UPS is up & running. The focus will be getting the new UPS operating and the load protected again. 13 3/2017 EXHIBIT B CONTRACT CHANGE ORDER AGREEMENT PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE PROJECT TITLE SUMMARY OF PROPOSED CHANGES: CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ❑ No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ DECREASE $ UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE$ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ CONTRACTOR'S SIGNATURE DATE DIRECTOR'S SIGNATURE DATE 14 3/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE 15 3/2017 TO: EXHIBIT C NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT (Name of Union or Organization) The undersigned currently holds contract(s) with involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. (Contractor or subcontractor) Date 16 3/2017 EXHIBIT D CERTIFICATE OF INSURANCE (SEE ATTACHED). 17 3/2017 ACORDT CERTIFICATE OF DATE LIABILITY INSURANCE 12/IMI/20 18 'RODUCER LIMITS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SHINSTROM & NORMAN INC EACH OCCURRENCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 638 $ �� ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Kirkland, WA 98083 _A, 51817-6200 MED EXP (Any one person) NSURED PERSONAL BADV INJURY $QD* NsuRERA: IO SE+CjJRI.,�� I�j URANCE CO INSURER B'. FUSE DATA CENTER SERVICES, LLC INSURER C: 3101 111TH AVE SW, SUITE Q INSURER D: EVERETT, WA 98204 INSURER E: 1 AUTOMOBILE :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JTR TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE I DATE MMIDD/YYI POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ �� COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR MED EXP (Any one person) $ PERSONAL BADV INJURY $QD* A BKS56540846 03/03/18 03/03/19 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n PRO- n LOC JECT GENERAL AGGREGATE $2fO 0..000 PRODUCTS-COMPIOP AGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINEDacccnt] SINGLE LIMIT $1,000,000 lr000'000 A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAS56540846 03/03/18 03/03/19 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) i$ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGO $ _ $ EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE Is AGGREGATE $ $ A DEDUCT113LE US055014173 03/03/18 i 03/03/19 $ $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY BKS56540846 03/03/18 (WA STOP GAP ONLY) 03/03/19 WG STA U- H - TORY LIMITS ER EL.EACH ACCIDENT . ( E.L. DISEASE - EA EMPLOYEE1 $ 4 =0— 0E.L. E. L.DISEASE -POLICY LIMIT 15 2 .000,000 OTHER ) I j! 1 )ESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: OPERATIONS CITY OF FEDERAL WAY, ITS OFFICERS, OFFICIALS, EMPLOYEES, VOLUNTEERS AND AGENTS ARE INCLUDED AS PRIMARY ADDITIONAL INSURED. ATTACHED FORM CG8810 APPLIES AND INCLUDES WAIVER OF SUBROGATION. CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION CITY OF FEDERAL ATTN: ACCOUNTS 33325 8TH AVE. FEDERAL WAY, WA 4CORD 25-S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO WAY DATE THEREOF, THE ISSUING INSURER WILL jr§NMGMO MAIL 3n DAYS WRITTEN PAYABLE NOTICE TO THE CERTIF.}CATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL S. IMPOSE NOOBLIGATIO11 OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 99003-6325 REPRESENTATIVES, AUTHORIZE6`4EP NTATIVE I 0 ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section 1 - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract'. E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.1b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations .by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "stmt" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section 111 - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d) ) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is s effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or wrtten agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 8 of 8 EXHIBIT E PREVAILING RATE OF WAGE (SEE ATTACHED). County Trade Job Classification Wage Holiday Overtime Note King Electricians - Inside Journey Level $72.30 7C 4E 18 3/2017 EXHIBIT F TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 19 3/2017 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. 20 3/2017 COUNCIL MEETING DATE: December 4 2018 ITEM #: 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APC UPS REPLACEMENT RFP AWARD POLICY QUESTION: Should Council approve the purchase of an APC UPS (Uninterruptible Power Supply) from FUSE Data Center Services, LLC? COMMITTEE: FEDRAC MEETING DATE: November 27, 2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Thomas Fichtner DEPT: Information Technology Attachments: Staff Report, RFP for APC UPS, FUSE RFP Proposal Options Considered: 1. Approve the Mayor's recommendation for the purchase of an APC UPS from FUSE Data Center Services, LLC. 2. Deny approval and provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends approval of the purchase of an APC UPS from FUSE Data Center Services, LLC. MAYOR APPROVAL: InitiaMate DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed APC UPS purchase to the December 4, 2018 consent agenda for approval. -o4c&�- �6, k - nx.A--k,,., -..- Committee Chair Committe e er Commi ee Member PROPOSED COUNCIL MOTION: "I move approval of the Vurchase of an APC UPS from FUSE Data Center Services, LLC for a sum not to exceed $35,657.54. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) UNCIL ACTIO APPROVE MqW COUNCIL BILL # DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # I. II. CITY OF FEDERAL WAY REQUEST FOR PROPOSAL PURPOSE OF REQUEST. The City of Federal Way ("City") is requesting proposals to the replace the existing APC Uninterruptible Power Supply (UPS) for the Computer Data Room with an APC 20 kW rack -mounted N+1 redundant, scalable array architecture UPS. The City's needs are outlined in the following Request for Proposal ("RFP"). TIME SCHEDULE. The City will follow the following timetable, which should result in a selection of a firm by November 13, 2018. Issue RFP Deadline for Submittal of Proposals Preliminary Selection of Firm Notify Firm Chosen III. INSTRUCTIONS TO PROPOSERS. A. All proposals should be sent to: Brian Pearson, IT Supervisor City of Federal Way 33325 8th Ave S Federal Way, WA 98003-6325 (253) 835-2552 October 26, 2018 November 9, 2018 November 13, 2018 November 13, 2018 B. All proposals must be in a sealed envelope and clearly marked in the lower left-hand corner: "RFP UPS Replacement." C. All proposals must be received by November 9,2018,3:00 PM, at which time they will be opened. Three (3) copies of the proposal must be presented. Faxed or telephone proposals will not be accepted. D. Proposals should be prepared simply and economically, providing a straight forward, concise description of provider capabilities to satisfy the requirements of the request. Special bindings, colored displays, promotional materials, etc. are not desired. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any -I- Rev. 2/17 submittals to the City is desirable whenever practicable. E. The Brian Pearson, IT Supervisor or representative will notify the firm selected by November 13, 2018. F. All proposals must include the following information: • The names of individuals from those firms who will be working on the project and their areas of responsibility. Specific experience of individuals relative to the proposed project. • A proposed outline of tasks, products and project schedule, including the number of hours required to complete each task or product. • A proposed budget based on the above outline of tasks, products and schedules. References. IV. SELECTION CRITERIA. Factor Weight Given 1. Responsiveness of the written proposal to the purpose and scope of service. 10% 2. Price. 70% 3. Ability and history of successfully completing contracts of this type, meeting projected deadlines and experience in similar work. 20% Total Criteria Weight 100% Each proposal will be independently evaluated on factors one through three. V. TERMS AND CONDITIONS. A. The City reserves the right to reject any and all proposals, and to waive minor irregularities in any proposal. B. The City reserves the right to request clarification of information submitted, and to -2- Rev. 2/17 request additional information from any proposer. C. The City reserves the right to award any contract to the next most qualified contractor, if the successful contractor does not execute a contract within thirty (30) days after the award of the proposal. D. Any proposal may be withdrawn up until the date and time set above for opening of the proposals. Any proposal not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to sell to the City, the services described in the attached specifications, or until one or more of the proposals have been approved by the City administration, whichever occurs first. E. The contract resulting from acceptance of a proposal by the City shall be in a form supplied or approved by the City, and shall reflect the specifications in this RFP. A copy of the contract is available for review and shall include requirements to comply with ADA, Civil Rights Act, and EEO requirements. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this RFP, and which is not approved by the City Attorney's office. F. The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. G. The City shall not be responsible for any costs incurred by the firm in preparing, submitting or presenting its response to the RFP. VI. SCOPE OF SERVICES. Provide a turnkey Solution: APC 20 kW rack -mounted N+1 redundant, scalable array architecture UPS and installation. Includes the new UPS delivered to the site, electrical installation to the existing APC bypass switch and to the Power Distribution Unit (PDU), in addition to the removal/recycling of the old UPS system (including the two Liebert Battery Cabinets and all batteries contained within). Labor, material, equipment, related services, and supervision required, including, but not limited to, manufacturing, fabrication, erection, and installation for a static uninterruptible power supply (UPS). The completion date shall be done no later than December 28, 2018. -3- Rev. 2/17 The UPS shall utilize a rack -mounted N+1 redundant, scalable array architecture. The UPS shall be ENERGY STAR qualified. The system power train shall be comprised of 10 kVA/10 kW power modules and shall be capable of being configured for N+X redundant operation at the rated system load. UPS shall facilitate the replacement of swappable power modules in less than ten minutes. Each 10 kVA/10 kW power module shall contain a fully rated input rectifier/boost converter hereafter referred to as the input converter, a fully rated output inverter, and battery charging circuit. The new system shall work in conjunction with the existing APC bypass switch and all for the battery modules to be swapped by trained personnel. The system shall include redundant control modules, redundant logic power supplies, and LCD interface/display. All of the above system components shall be housed in standard APC branded 600 mm wide by 1070 mm deep by 2000 mm high cabinet(s). The UPS and associated equipment shall operate in conjunction with a primary power supply and an output distribution system to provide quality uninterrupted power for mission critical, electronic equipment load. All programming and miscellaneous components for a fully operational system as described in this section shall be available as part of the UPS. System shall be capable of being monitored through a standard TCP/IP Ethernet connection. The UPS shall be covered by a full parts and labor warranty from the manufacturer for a period of 12 months from date of installation. The system shall allow for additional warranty coverage to be purchased after the initial warranty period has lapsed. NOTE: No loading dock available at installation site, contractor must provide logistics accordingly. VII. COMPENSATION. A. Please present detailed information on the firm's proposed fee schedule for the specifications proposed and for any variation for non -routine services, inclusive of Washington state sales tax and any other applicable governmental charges. Please provide specifics as to definitions of routine versus non -routines tasks, what is fixed as opposed to variable, and how costs are adjusted according to that classification. -4- Rev. 2/17 B. Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. VIII. PUBLICATION. G:Vawforms\rfp 02/17 Name of Publication: Dates: -5- Rev. 2/17 CITY OF FEDERAL WAY MEMORANDUM DATE: November 19, 2018 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Thomas Fichtner, IT Manager SUBJECT: Staff Report for APC UPS Replacement 2 RFP Award Financial Impacts: In the 2018 Adopted Budget, the City budgeted $33,311.00 from equipment reserves to replace the City's 13 year old UPS for the City's computer data center. The City released an RFP and only received a single response, from FUSE Data Center Services, LLC. This response came in at a total cost of $35,657.54, which is $2,346.54 over the City's equipment reserve budget. As this was the only response, staff is recommending proceeding with the purchase and covering the difference of $2,346.54 using excess reserves. The IT 502 fund has sufficient capital budget appropriation to cover the purchase of $35,657.54 in the 2018 fiscal year. Background Information: In 2005, the City installed a new APC 40kW Uninterruptible Power Supply (UPS)Battery Backup system for the City's computer data center. This UPS protects the entire computer, network, and telephone equipment from losing power in the event of a power outage. Even though City Hall is connected to a backup generator, in the event of a power loss it takes about 10 seconds for the generator to start up and begin supplying power to the building. However, if the data center lost power for even a single second, the result would be catastrophic and would result in high probability of data loss and system corruption. This is why having a UPS is critical to bridge the time the power goes out until the generator can start and begin supplying power. The existing APC UPS is currently working, however APC has contacted staff several times over the past two years warning that the model the City has is not supported anymore and parts are no longer available. As this is a critical piece of equipment, staff is recommending replacement to make sure our data center systems stay protected and safe from catastrophic damage. Staff performed an analysis of the current power load and determined that equipment is only using about 30% of the capacity of the 40kW unit. Staff determined that due to price increases, it would be acceptable to downsize the unit to a 20kW model. The 20kW model will still provide up to 13 minutes of runtime in the event of a power failure, however, it will be running at approximately 60% load, which is acceptable. If the additional capacity is ever needed in the future, the new system is expandable back up to 40kW by installing additional modules. The proposed 20kW unit also includes "N+l redundancy", which means that if one of the power modules fail, it has a spare built-in which will automatically carry the load until the failed module can be replaced. Receiving only a single response to the RFP is not concerning to staff as the respondent, FUSE Data Center Services, LLC, was the firm to install the previous APC UPS unit in 2005. FUSE has a great track record with the City and is more than capable of preforming the required work. The new system is covered by a 1 -year warranty. C:IFUSE I I Data Center Services LLC UPS Bid #20181031 City of Federal Way — UPS RFQ Brian Pearson Presented by Mark Mochkatel October 31, 2018 APC Symmetra PX20kW — 208V Output Rating: 20 kW / 20 kVA Input: 208v AC, three phase, 4 -wire Output: 120/208v AC, three phase, 4 -wire Quantity Description 1 APC Symmetra Uninterruptible Power Supply system 20kW/2OkVA, 208v, N+1 redundant configuration, expandable to 40kW, N+1, modular components. Consists of: 1 each Symmetra PX40 UPS frame rated to 40kW capacity with (2) redundant intelligence modules, fully rated 40kW static switch, display, network management card, switch gear card, battery monitoring card, redundant system power supplies 3 each 10kW power modules 4 each Battery modular strings (16 cartridges) 1 each Factory startup & assembly service 1 each 1 year onsite parts & labor warranty — Next Business Day guaranteed response 1 Electrical installation of new UPS, includes labor, materials, permits 1 De -installation, removal & disposal of old UPS & batteries 1 Freight to Federal Way, WA — Inside delivery to data center 1 WA State Sales Tax — 10% TOTAL PRICE Dimensions APC PX20K/40 201<W/201<VA: 23.5"W x 35.6"D x 81.5"H; 1809 Ibs (shipping) Cost $ 28,125.30 $ 2,375.00 $ 845.00 $1,070.64 $ 3,241.59 $ 35,657.54 Note — The response to this RFP is a turnkey solution and provides a single APC Symmetra PX 20kW / 20kVA UPS configured to 20kW, N+1 and expandable to 40kW, N+1 with battery run time of approximately 13 minutes at 20kW load. All equipment will be installed in a single UPS frame/rack. All labor, parts & materials, services, delivery is included. 3101 111' St SW< Suite Q I Everett, WA 98204 1 Tel (425) 861-3807 1 Emergency (206) 467-3107 35,51,53 (::) Fuse I I Data Center Services LLC The UPS quoted is configured with an extra power module for N+1 redundancy. A total of three (3) 10kW power modules are provided with the UPS. The power modules are modular, hot swappable and fully user replaceable. Each power module in the system shares the load. If one power module is removed or fails, the load remains protected. Two (2) additional power modules can be added to the cabinet for increased capacity or redundancy. This system quoted provides four (4) battery strings (16 battery cartridges) for run time and redundancy. The battery modules are also modular, hot swappable and fully user replaceable. If one battery module is removed, the load remains protected. Note the run times quoted are aproximates and assume a balanced load. The UPS also has redundant intelligence modules. Both are modular, hot swappable and fully user replaceable. As part of this RFQ, the system will be wired to the existing, wall mounted maintenance bypass cabinet and the output will remain powered through the City's existing PDU. This can be performed safely while the load remains powered as the bypass will be locked out while wiring to the new UPS is installed. Both power conductors and signal wiring will be connected to the new UPS. Note that the load will remain powered, however will not have UPS protection during the time of removal of the old UPS through startup & testing of the new UPS. If desired, your generator can be operated to protect the load from a utility outage. The quote also provides for de -installation, removal & disposal/recycling of the old UPS and batteries / battery cabinet. Links to Product Information: Installation Manual: http://www.apc.com/salestools/MPOD-9JWJPQ/MPOD-9JWJPQ R1 EN.pdf Operations Manual: http://www.apc.com/salestools/MPOD-9JXD4F/MPOD-9JXD4F R2 EN.pdf Product Brochure: http://www.apc.com/salestools/AKAR-8L4RZZ/AKAR-8L4RZZ R1 EN.pdf Technical Specs: http://www.apc.com/salestools/MPOD-9K2DFU/MPOD-9K2DFU R1 EN.pdf UPS Drawings: http://www.apc.com/salestools/ASTE-6BENZR/ASTE-6BENZR R1 EN.pdf Terms and Conditions: • Address your purchase order to FUSE Data Center Services, LLC and reference this quote in your PO. • Send to mark@acpower.com or fax to 425.885.7411 or mail to the Everett, WA address below. • Terms: Net 30 day • Taxes are not included and will be added to the invoice. This quote is valid for 30 days from above date. Cancellation charges are 10% of order value before shipment and 50%, plus freight costs both ways, after equipment leaves the F.O.B. point, if returned unopened within 30 days. After 30 days, or if system is unpackaged or damaged, cancellation charges are 100%, plus freight both ways. 3101 111"' St SW< Suite Q 1 Everett, WA 98204 1 Tel (425) 861-3807 1 Emergency (206) 467-3107 C:) FUSE I J Data Center Services LLC Company Profile FUSE Data Center Services has been providing and maintaining UPS systems for over 20 years. Our sister company, AC Power Technology, sold the existing UPS to the City of Federal Way almost 14 years ago and with FUSE, has maintained the existing system to the present time. We have sold & maintained in excess of 100 similar systems over the years. The most recent in a similar application was an APC PX 100 system installed at Skagit 911 center in Mt Vernon, WA. A similar system at the City of Renton City Hall was just repaired by our field service engineers in Mid -October 2018. These systems have been used in government, healthcare, biomed, numerous data centers and even some high end homes. Our existing field service engineers are also licensed electricians and will be assigned to work on this project if we win the bid. All have been onsite and worked on the existing UPS system at the City. • Ed Love is a field service engineer and 01 master electrician. He has been working on UPS systems for over 20 years. • Silas Smith is a field service engineer and 01 journeyman electrician. He has been working on UPS system for over 8 years. • Mark Mochkatel is a field service engineer and 01 journeyman electrician and has been working on UPS systems for over 14 years. Mark will also be the project manager on this job. All three are planned to be onsite to facilitate the removal, installation & testing of the new UPS. FUSE Data Center Services is a Licensed Electrical Contractor (FUSEDDDC881PU) with a staff of journeyman electrician meeting the State of Washington requirements for work on Electrical, UPS & Battery systems. Project Timeline A brief SOW/MOP is provided below and subject to revision by request. The cutover from the old to the new UPS is expected to take up to 8 hours from shutting down the existing UPS to finalizing testing of the new UPS, when the load can be repowered from the new UPS. Work is expected to be performed during normal business hours and will be completed prior to leaving for the day. • The existing UPS will be transferred to bypass and shut down on approval from the City. • The load will be secured on bypass. (Optionally the generator will be started prior to shut down and the load powered by generator during the work). • The existing UPS and batteries will be de -installed and moved out of the way. • The new UPS will be rolled into position and set into place. • Input and output conductors will be installed between the new UPS and existing bypass. • Control wiring will be installed between the new UPS and existing bypass. • The power modules and battery cartridges will be installed in the new UPS. • The new UPS will be started up and tested while isolated from the load. • The load will be transferred to the new UPS on approval from the City. • The old UPS & batteries will be removed / recycled / disposed on a separate trip after the new UPS is up & running. Our focus will be getting the new UPS operating and the load protected again. 3101 111"' St SW< Suite Q I Everett, WA 98204 1 Tel (425) 861-3807 1 Emergency (206) 467-3107 E3 FUSE Data Center Services LLC References Puget Sound Energy — Chris Perez (425) 551-8754 Christopher.Perez@,pse.com Steve Brooks (206) 455-1409 Steven.Brooks@pse.com Skagit 911 — Mike Voss (360) 428-3206 mvoss@co.skagit.wa.us Providence Health — Mark Leonard 425-891-7166 Mark.Leonardkl2rovidence.org Travis Doyle (425) 736-3684 Travis.Doyle2@providence.org Overtake Hospital Brian Timmerman (425) 786-8579 Brian.Timmerman&overlakehospital.org Additional references can be furnished on request. 3101 111`" St SW< Suite Q I Everett, WA 98204 1 Tel (425) 861-3807 1 Emergency (206) 467-3107 0 r_ LU Z M< o W O y CL d J K uJ W o o u0N a O m 2 J g g g W w xoo3N Go0 Z J D d O Z ON O U w F- � U I Om � N O o V) V) U- C14 SCI W O cr Z Q ' N M 2 O Y 0 m W W Jg � O L L J J O L+J- 3¢ O X a+ CL- tR LLI Z w Q U Z z Z N g5 B 5522 Z J Z cV ri 4 W m z x a O 3� nLLJ xa�l.f S$ k LLJ > o s + s -39 € ¢� Yo 0000 N o o S U o o Z W vZ �F3o� i a x za o OtWnU Q �go�-z� O g� qgx CD CZ7 N C, N u W M u LO 0 O O 00 W O M D N 0 L 1 J I I m CD A Q N N C.9 �J J � W � W U O uC ORR8=w I1 W N 1 O 7eZ �~OZI.� Z� N_ U W Q � U ®0 0 > O Q \CL ws OO N L� D o e ® o 0 0 0 oO o 0 0 \ Ul u 1_^ � � 00000000000 � o O O � �OpO�O�OQOp �a 00000 000000 � � � ��00 a 00000000000 � 000 � Z_ v u � w F ! � � � � � � OpOp0p0p0pO � � a 000O000o00O 0 N� 000000 �O�O�O�O�O� Mrn N 3 22§ K«! . 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November 2017) Department of the Treasury Internal Revenue Serv,ce ri a� co n. 0 ai c a o C N c c CL o U d a N m cl) Request for Taxpayer Identification Number and Certification ► Go to www.irs.goviForni for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. FUSE Data Center Services, LLC. z business name/disregarded entity name, it different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► S Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC the is disregarded from the owner should check the appropriate box for the tax classification of its owner. (_j Other (see instructions) 0- 5 5 Address (number, street, and apt. or suite no.) See instructions. 3101 111th St. SW, STE Q 6 City, state, and ZIP code Everett, Washington 98204 7 List account number(s) nere (optional) T ter Identification Number I Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification numoer (EIN). If you do not have a number, see Now to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Give Form to the requester. Do not send to the IRS. 4 Exemptions (codes apply only to certain entities, not individuals: see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) Appoes ro accounts mam!uned -11,, fbe J S , er's name and address (optional) )99 Required for S -Corp Selection ` Social security number -m -� or Employer identification number 2 7- 4 4 9 5 1 3 3 j� Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (.f any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out dem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, yoo are not required to sign -he certification, bAyou must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Here U.S. person ► General Instructions _. Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns induce, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) - Date ► -7/,' 5— • Form 1099 -DIV (dividends, including those from stocKS or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. It you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017)