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IT13-214 - Original - Alpha Technologies Services, Inc. - Power Upgrade of Station 74 Data Center - 11/20/2013
NO ecords M v gemenfj KE WASHINOTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Alpha Technologies Services, Inc. Vendor Number: 374480 JD Edwards Number Contract Number: IT is - a 14 This is assigned by City Clerk's Office Project Name: Product Purchase Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: ?.p Termination Date: 11/30/2013 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Sean Kelsey Department: Information Technology Detail: (i.e. address, location, parcel number, tax id, etc.): S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 lls� KENT w.s", o.or GOODS & SERVICES AGREEMENT between the City of Kent and Alpha Technologies Services Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Alpha Technologies Services Inc. organized under the laws of the State of Nevada, located and doing business at 3767 Alpha Way Bellingham, WA 98226 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: 1 ea Hybrid AMPS-80 Modular Uninterupted Power Supply Unit configured for 37.5KVa expandable to 75KVa See additional information on Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services By 11/30/2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $101,154, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement The City shall pay the Vendor the following amounts according to the following schedule: One time Payment of $101,154 GOODS &SERVICES AGREEMENT- 1 (Over$10,000.00, Including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean ail reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor`s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. GOODS & SERVICES AGREEMENT- 2 (Over$10,000 00, including WSST) V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work, however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A. items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; GOODS &SERVICES AGREEMENT- 3 (Over$10,000 00, including WSST) 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, GOODS & SERVICES AGREEMENT- 4 (Over$10,000 00, including WSST) sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the attached Compliance Statement XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XIV. MISCELLANEOUS PROVISIONS. A. Recyclable_Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option GOODS & SERVICES AGREEMENT- 5 (Over$10,000 00, includrng WSST) conferred by 9 this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. GOODS &SERVICES AGREEMENT- 6 (Over$10,000.00, including WSST) VENDOR: CITY OF KENT: By: By: -- ( n r (signature) Print Name: Dre Prin Nam Su ette Cooke Its Pr 'ant _ _ _ Its----_-_--_-- yor _ (title) DATE: T8/1,.�� �13 DATE: O / (signature) Pr' ame• John O'Rourke Its Secretary/Treasurer (tale) DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Alpha Technologies Services Inc. Sean Kelsey Attn: President City of Kent 3767 Alpha Way 220 Fourth Avenue South Bellingham, WA 98226 Kent, WA 98032 360-392-2368 (telephone) (253) 856-4611 (telephone) 360-617-4936 (facsimile) (253) 856-4700 (facsimile) With copy to: Alpha Technologies Attn. Contracts and Legal [Insert Address] 3767 Alpha Way Bellingham, WA 98226 [Insert Telephone Number] (telephone) [Insert Fax Number] (facsimile) APPROVED AS O FO ``AA — - -- v� Kent Law Departmen GOODS & SERVICES AGREEMENT- 7 (Over$10,000 00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate to employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. Dated this 28th /fday of October , 2013 By: For: John O'Rourke Title: Secretary/Treasurer Date 28 October 2013 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as ______ that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 QUOTE#_ 082013GW3c ATTN Sean Kelsey of COMPANY City of Kent Alpha Technologies PHONE 253-656-4600 FAx CELL ry�7TA1Ltry_y1 EMAIL skeiseygKentWA Dov 3767 Alpha Way,Bellingham,WA 98226 "-'tlTmwiaras( cc AMPS80 Hybrid System Ph (360)647-2360,Fax (360)671-4936 PROJECT for Fire Station Date 7-Sep-13 Item city Pan Number Description Price Extended price City of Kent-Hybrid AMPS80 for Fire Station AMPS80 1 1 026-069-34 AMPS80 Hybrid Plant,scalable to 75kVA,60KW,-48V DC,1201208V AC 3 phase,9 inverter shelves,2 rectifier shelves,includes Maintenance $26,153 $26,153 Bypass Switch&TVSS will'140kA surge rating 2 15 014-201-20 AIM2500 inverter module,2 SWA,2 OkW,-48V DC&120 VAC inputs $1,570 $23,550 and 120VAC output,94!efficiency 3 12 741-032-21 ABM Blanking Inverter Module $18 $216 , 4 6 010-622-20-040 ARM2000 48V,2 OkW Rectifier Module $342 $2,052 5 2 613-707-W3 Cordex 2RU Module Blank,Charcoal $11 $22 6 1 DCD1200-48-1200-M- Dual-1200Amp,48VDC Battery Disconnect Breaker,Top Mount use AMPS-80/2- with AMPS80 Battery Rack 1200A Overload Protection,Switch Position $9,440 $9,440 SHUNT1200/50 Dry Contact(Form C),Manual OpenrClose 1200A 50mv Shunts Maintenance By-Pass Switch 7 1 XSE3-350-2CS-S X-Switch, Maintenance Bypass Sw,Wall Mitt,3CB,350A,250V,36"W x $6 221 $6 221 12'D x 61"H,Kirk Key&SKRU Battery Racks and Batteries 6 2 053-051-20-A001 Battery Rack with 5 x 250A Battery Breakers, (1)030-638-2010,50 Relay Rack,23,Zone 4 Seismic,44 RMU,7 0",Grey,(1)020-574-20 10,23,50 Termination Panel,600 Amps with shunt mount,23 Rack Mounting,1 75"Spacing,Grey (1)567-079-20 L Acrylic Covers- U' $4,442 $8,884 Type,23 Rack,24'W x 6' H covers 3 4 RMU,(5)030-709-20 1-0,81 Battery Tray,Open Style,(4 bat),Cutout for heater mat,Breaker Mounting for Battery Disconnect,(5)470-228-10 250 Amp GJ Breaker 9 24 700HR 700HR,High Ra'e UPS Battery,Front Terminal $369 $8,856 10 1 AMPS80-2-20-START AMPS30 COM&SU,20KVA $3,500 $3,500 Total Price: $88,894 NOTE Freight will be prepaid and added to invoice Quote#082013GW30 Please reference quote number for all correspondence or orders resulting from this proposal. Prices All prices in$US.These prices reflect 2012 pricing and is not retroactive to any past orders. Quotation Validity 30 Daysfr,917/2013 Ex works Factory(Customer is responsible for all freight damage claims) Delivery 8-10 WEEKS ARC 'Please note that any order resulting from this quotation will be subject to our attached standard terms and conditions of sales Prepared by; Please Address Purchase Order To: Chaun Westrich Alpha Technologies,Inc. Regional Sales Manager,CFPC 3767 Alpha Way Alpha Technologies,Inc. Bellingham,WA 98226 Cell (360)739 4394 Attn Headland Power Sales rwestnch®aloha cam alphaorders(au)aloha com Purchase Orders Payable to Alpha Technologies Please Reference Quote# 1 of 1 Chaun Westnch<CWestrich@alpha com>c4 September 18,2013 2 38 PM to "Sean Kelsey(skelsey@KentWA gov)"<skelsey@KentWA gov> Freight Estimate 3Attachments,7 KB Sean, I had our team run a freight estimate as you requested: Ground Freight is approx $3,814.94. We have materials coming from Wisconsin,Burnaby,Canada and Salt Lake City. Keep is mind this is an estimate and we tend to error on the high side Thanks, Chaun Westnch Regional Sales Manager Critical Facilities Power&Construction Cell 360-739-4394 Direct 360-392-2368 24/7 Technical Support 600-863-3364 Customer Service 360-647-2360 6 Alpl-a Tecmnologies 3767 Alpha Way Bellingham WA 98226 USA Tel cr 1', _--360 Fax 360 671 4936 www,aloha com I l i EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed i operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 it 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. S. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. I I 7 ACOR" DATE(MM13 YYYY) 11iCERTIFICATE OF LIABILITY INSURANCE 10128(" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(Ies) must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT NAME Marsh USA Inc PHONE __ ��FAX 1301 5th Avenue,Suite 1900 (A/C,No,Ext)__ ._(A1C,_yJ0___ _ Seattle WA 98101 E-MAIL ADDRESS INSURER(S)AFFORDING COVERAGE _ NAIC# J11222-01-01-13.14 INSURERA Federal Insurance Company 20287 INSURED WA MA Alpha Technologies,Inc INSURER B 3767 Alpha Way INSURER C Pacific Indemnity Co _ T 20346 Bellingham,WA 98226 INSURER D E- --INSURER ----^_ _----�— -----_ INSURER F______ COVERAGES CERTIFICATE NUMBER- SEA-002437971-01 REVISION NUMBER 4 THIS IS TO CERTIFY THAT 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 CERTFICA-E 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR IN SR MVD POLICY NUMBER MM/DD,'VYYY MMIDDlYYYY LIMITS A GENERAL LIABILITY 35881658 071010013 07,0112014 EACH OCCURRENCE $ I,000000 X _COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ^1,000 000 _PREMISES JEa cccunence)__ $ _]CLAIMS-MADE 1X]OCCUR _MED EXP(Any one person) $ 10 000 PERSONAL&ADVINJURY $ 1'1000 GENERAL AGGREGATE $ 2,000000 ECT GE_N'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMROP AGO $ 2,000000 Y` POLICY PRO- LOC $ —�- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea aocidimil_-, _-_ --_$ ___ ANY AUTO BOD LY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY Per accident) $ T AUTOS AUTOS _ _ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Peracudent) _ S UMBRELLA LIAB _ OCCUR EACH OCCURRENCE EXCESS LIAR __ CLAIh1 _MADE AGGREGATE DED RETENTION$ $ C WORKERS COMPENSATION 71704811 07/0112013 07/01/2014 X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN _-_ TORY LIMITS ER ANY PROPRIETOR/PARTNERIEXECUI'IVE EL EACH ACCIDENT $ 1,000000 OFFICERrMENIBER EXCLUDED? N/A --- --- (Mandatory in EL DISE_qSE-EA EMPLOYEE $ 1,000 000 If yes,describe under _ 1,000 000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD td1,Addrbor i Remarks Schedule,0mom space is required( City of Kent Is Additional Insured as respects their Interest In the operation of the Named Insured as required by written contract regarding General Liability Coverage is Primary,Separation of Insureds applies CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn Sean Kelsey THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS Kent,WA 98032 AUTHORIZED REPRESENTATIVE of Marsh USA Inc Valene Merry ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 26(2010106) The ACORD name and logo are registered marks of ACORD t Additional Named Insureds Other Named Insureds Alpha Distribtitors, Inc Alpha Energy, Inc Alpha Industrial Power, Inc Alpna Technologies services, Inc Altair Advanced Industries, Inc Altair Energy, Inc Argus Technologies, Inc Bravo Electric (BEV) Comm/Net, Inc Outback Power Technologies, Inc Additional Named Insured t i i OFAPPINF(0212007) COPYRIGHT 2007,AMS SERVICES INC 3 Liability Insurance cr-�u�lg Endorsement Policy Period JULY I,2013 10 JULY 1, 2014 Effective Da to JULY i.Z01 i Policy Number 3588-I6-58CTA15 Insured ALP11ATECHNOLOUTES,JNC Name of Company Ct,,J)ERAI,INS(]RANCECONIPANY Date issued ITILY 30,201 1 Fins Endorsement dplib"to the following lorms UFNF-RAL LIAIIILI I-Y [Under Who b,An hismed,the following provision is adcW Who is An Insured Scheduled Person Or Subject to all of the terms and conditions of this insurance,any person or organization shown In the Organization Sc MJH1r,dLLng hursuxit to a wniten contract or agrecin nt iietv,ecn ywf ind uudi L.crsun or vrgen±r..u!on,rs u;inwurvd,but thcy ire nrsureds Mly vt ith rcSpat to L.ihitrty arscig out of your operauoaS,or your r,rrrr,is��,Z you arr ohligated,purcuarit to such onfract or agreemcin,to pro aide then i with such insurance as is afforded by this policy E lowever,no such person or organization is an insaired with respect to any • assumpuun of habltty by theni in a contrast or agreement 'I his imuianoa does not,ippty to the hability for damages for to j ar ury or dn igc,to wht i thn nunrnt c applies,chat the person or urg.mtz.a,wA would have in the ahscnce of such caatract nr<tgreemen[ I • damages ansuig uut of their sole uegligeme. Schedule P1:RS€sNS OR ORMNIZATIONS-lIIA1 YOII ARE OBI t(,rAwn,PURSUANT 1'O Wium-iNCONfA( i ORAGREL'MI;NTI3tily'7FfNYOI),`iNI)SII('111'iRSONC)R OR(iANILAItON, 1{Dt'R(3VlDEWIf1ISE l.1lltv`SQRAN("1,ASI5A11,ORDLD i i3Y TTiTS PCI lCY,B TP-I HEY ARL IN, I`IV DS ONLY IF AND 10 TI IF i MI'MiNIUVt UX II-NI II1AP SUCH CON I HAC L OR AORI NMENI P,FQ1i11ZFs 1lli-, i I'1,R40N OR OR£,AN17A HON 10IIA.AI+()RDED S i A P11'�AS AN INSURI D IIO. hVFR,NO PERSON OR MGANILAI ION IS AN ITNSUBED TJ NDI�R I HIS I PROVISION VN IO ES MORL;SVFC11�I(ALLY DhS(:I?Irs1-D UNDER ANY OI HER PROVISION OF 111E WHO IS AN JINSURED SECTION 01- MIS Crabs ity insuranca Additional insured-Schedulad Parson Or Organization continued Form 80-02-2367(Rev 8-04) Endorsement Page 1 I Liability Endorsement (cvrat,nurad) POLICY(REGARM.1.SS OF ANY LI1V1rrA'11ON APPLICAI3i.E'I"11SRli t'O). All other tenor and conditions rcmxiln unchanged. Authorized Renresenmtiva i Lrabr'6ty Irwrdncs AdMmwl Insured-Scheduled Person Or organization last paga Form 80-02-2367(Rev 8-04) Erdorsement Page 2 - � i _J Liability Insurance GHUME3 -- - Endotsetnent Policy Ponod 1ITLY 1,2011 TO FULY 1,2014 Effective Date DULY 1,2013 Policy Number 3588-16-59 OA6 Insured ALPHA TEC HNOLOGILS,INC Name of Company 1`17DERAL INSURANCE C'Utv1t'ANY Oate Issued MLY 30,2013 Y^H.n/.11d4t<iT'�3YlN!Jf).E«.S£iM. �.RYH'V�`i•'�A.�v+�V�T/� \1,s.nc s�.s. ,�M`�Y,d`r...'ti,,.. •.,\^�99.'!-0.�: r ..'••[[�✓Xsb 1 his Endorsement 7pplies to the,tollowmg fonts; GI'NER At,1,[A 1)11.11 Y Yti3N�R4":>X.n�f.AO}YX".1'"1,`•<,Y/).L«.,."YnJRS%iex S..eXrrc:rr.J.atM.Mfk"5r ,2A'?heyn)..•rA.'a�`. :%..C+'.E`\`2'CeY/h."H.t.'YtV'•••�2".doY'�UsnX").W:d'kSk'wrd'n.X+�/'..a6'+Y flatlet i,uutts Ut lnuiraru.,Pie ftdh�wr�,K is added to the pro4>,u,ui hdcdfianeral Aggregate Lunn Limits Of Insurance General Aggregate Ltmlt Subjw to the C'ouibtned'Cotal Aggregate I.knit shown to the Schedule: With Per Location/Per A a w ante Oeneral A«..�e='te.Lrnvt will a nt to tare sum o1 amntmts that reduce the Limits Project And Combined p a- pt y Of lasur-incc)which we pay m connecuon tsrth tuna,ilia[take place.a esnh Total Aggregate 1 {uraYrun awned by you. L. lucatton rented to you 3 projLu(taking place sway from prcmttics owntd by or rented to you)on whlc h you are per,brrwrw operations ProjcLt;hall be deerned to indudo,collectively,all locations and sites on which you are pcaurali0vg operattoob tbai ac called for in the applicabte coinnuts or agrcnmcnts pertantut3 to .aen project In the cane that a proloct has been abandoned,delayed or extended,or ahwidoned anti then rebumed,or if p ti-s to a project have changed fir deviated from blueprtatc. der. T,drawrnbs,111,1P8,orders,plari.,,,pectfxaum.o or turietabl.•s,such pioje<t will be deemed to be the sane project aespllc any sujt mods lent=oas. LlabrLfyfnsurance Per Location/ProtectLmitsWfth Combined Total Aggregate continued Form 50-02-6554(Ed 6-05) Endor<ement Page t ni is Of insurance General Aggrogate Limit B, a separate combined swgle(iencral At gregale I inut will apply to the comouied sum of With Pur Localion%Per ainutttus(that reduce the I units Ot lnsatmco)which wo pay,other than amcwnts described Project Alta Combined In Yuisp crgn',fih A ,hove. Total Ac)yroyate The rulci dcsirihed in suhparagraph A,aboee apply solely to to`ses that c,an only he attributed to a (ccnhnGed) s]icLutW►matron or piolcci,ail ether Iosees wit]he subject to the rules&,wnbcd in ,,ubparigiaph li, �:tNiv e The Conibineci rot al Agnregate I,imil shown in the Sehcdute.is the most we will pay for the couibuted ruin of imounis described above.,regardless ui the number of locations or project; R2Wi?I� h��'. • YA�P�Wi"A�'!/,iCC nrcN.RMCkiVWAxh,S'�vi'xi'Mvwj�, .! Y,,CY%T< &x " "IC HA.C'H9h. y�y- .•1'YR` F•�`WIR file,Joliowwi,definition,c added hi Ihi9 policy Wad rcpLiccs any sirnt6udef1ndx0ri WitWocd thuo'n Definitions Location Location means premises involving the same lot or coonccuve tuts,ur premises whose cnnncctiori is inwirmptea only by a street,roadway,waterway or right-of-way of a railtotd a,<..n�AV;:.^.s'/.f4R�'c:e5`n4.N.�M'3`YA'�'+R�i9trA'w�bt;%n�...••+L,Ta.CC.Fd'rGi�.YkM'�dt✓/�„ut::�v'Y,S�C'.:t^YnA.��.vo&LAG-Yb'.,Lx;AdxkS Yx'i`Y/FS�KCeuWm:rYa;k3�,eJ:.x4`cY�Y�bx'Sk:PAaU.eAn`�.A`>n4•Y Schedule Combined Total Aggregato Limit: S.5,l1n0,00f) A 4 other teens and conditions remain unchanged. Authorized Representative Q,-_t N`,—, a/ babitityInsurance Per Location.Project LmitsIWim Combined Total Aggregate lastpage Form 80-02-6554 rEd 6-05) Endorsement ?age 2 Policy Conditions CHUMES Endorsement Policy Period JULY I,2013 PO 1111 Y 1,2014 Effective Date JULY 1,2013 Policy Number 35M 16-58 CAB insured ALI'HA'1133CHNOLOUIFS,INC Name of Company H.-DI-+AL INS1112ANCP.COMPANY Date Issued i111.Y 30,2013 'Phis Ludorscnu;nt apuhes ro the fo(lowmg irons CONNION POLICY CONDITIONS »a Under C;ooditions,Luc fellow,ag(,ondr(son is added- Conditions Notice Of Cancellation When we Lancel am policy for any reason,ether than non-payment orprenautn,we will notify To Scheduled Persons p"Non(s)or organwal„)n(.)i,m icd a L_'crhhcatt.of bnsuranc,.v0h rcopct I io tide in5u=once and viowe Or Organizations When in the 1 dicdule at lca,t-50 days ui advance of the cancellation date We Cancel Any tailurc by us to notify such person(s)or orbantzahon(�)will cot: • impose any liability ur obligation or any kind upon us,or invalidate such Lancellation Schedule Persons)or Organitation(s): If you an:obligated,pursuant to.i written contra t or agreemcnl.ro provide persou(s)or orgin17anon(S)wdh Person(s)orOrrantzation(4) Notice of c,uicatlauon,then we will notify such per-,on(s)or mgan'7at,un(0 provided that wihin Person(s)or Organizatiou(s): 15 days of the date we send Notice or Cancellation to the tirSt named insured,Hi( Iirst-1nmcd tnsurcd or Person(s)or Orgarnzahon(N)• producer of record provides us wulr a spreadsheet coot,wiuig(tie name,(nadmg address arid,if aviulable, Person(,)or Organizauon(s): e-mail address or Lhe persons)or organization(ti) Washington-Notice Of Cancellation To Scheduled Persons Or Organizations Policy conditions (Except Non-Payment OtPremium) continued Form 60-02-9787(Ed 11-11) Endorsement Page 1 Conditions w (continue(f) All other tertm and conditions remain unchanged. Authorized Repreeentafiva Q-_f? - Washington-Notice OfCanceifation To Scheduled Persons Or Organizations PolicyCondiSons (Except Non-PaymentOfPremium) fastpage Form 80-02-9787(0 11-11) Endorsement Pegs 2 40 \s47 KENT W aSnI.GiOH Agenda Item: Consent Calendar — 7D L TO: City Council DATE: November 5, 2013 SUBJECT: Goods and Services Agreement with Alpha Technologies Service for an AMPS 80 UPS Unit - Authorize MOTION: Recommend the Mayor sign a Goods and Services Agreement with Alpha Technology Services, Inc. in the amount of $101,154 for the purchase of an Alpha Hybrid AMPS SO uninterrupted power supply unit, subject to terms and conditions acceptable to the City Attorney and Information Technology Director. SUMMARY: This is the city of Kent Station 74 Power Upgrade. This expenditure provides the scalable power platform necessary to meet the growing power requirements for the city of Kent and the Regional Fire Authority (RFA) main data center located at Fire Station 74. The City's current uninterrupted power supply (UPS) equipment is operating at 90% of its 20-kVA capacity. The AMPS 80 power solution will initially provide 37-kVA to meet the immediate power requirements of the city of Kent IT department and RFA. It will also scale to a capacity of 75-kVA on an as needed basis for the city of Kent and the RFA. The new hybrid system provides 62-kVA operational capacity with redundancy using "hot-swappable" rectifiers and batteries. The compact footprint provides longer battery run time, and less down time for maintenance because of its scalability and built in redundancy. The Alpha AMPS 80 UPS solution is designed to be in service for 15-20 years, approximately three times the life span of a traditional solution. The equipment requires 1/3 the physical space of traditional solutions which allows the city of Kent to increase capacity using available space ` EXHIBITS: a) Alpha Technologies Service, Inc. Goods & Services Agreement/Quote #082013GW3c (Exhibit A of the Goods & Services Agreement) b) Insurance Requirements (Exhibit B of the Goods & Services Agreement) RECOMMENDED BY: Operations Committee BUDGET IMPACTS: IT Operations Budget allocations approved as a part of the 2013- 2014 biennial budget process are earmarked for this expenditure. > y o (o W m 0 A W N W r- (D C D y, CO) O O 3 : �. O 0 ri) CD _ -n D o x p m o V C) (D -' a�j '* �_ O p y CD m 0 w m O Cl) o A A 0) D N �. fn G7 � w N o N WW o m � � C7 n F (C a- = o � o N N (o O O —I rt O N O > N CSO POs N w v OD CD Z5 Ox O N W O C) A � O (D Q N S ST C o OD o C) N (n -� N O z ((DD O f�D C (D a • DCD (D '� � o O O D (D CD 0 - CD Cr 0 (D Q �. G7 D to X (") D D D D (nCD 1 . 0 C) CO � w Q J Cf) 2 (D � (D N N Q. N _ 3 OQ 'T1 O C .ZI O N C. W CD C) C) D C A Q (D CFI O � (Q � �c- v W �< co < Q � O Qo ^ Q] A O_ N (D Q -O O C `- N N p fD �. 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(D � _ (o m GO- M O a v (i o D D �) 0 �c o (D v �^ mmv o � 0 CD 9CD w � Q. 0 (n 1 o c `< m 'Z LO CD or d 0) om 3o �' 0 u, m j N � Q N O [�♦ O 3 et (D < (D y �V a O � 3 CD y (D n a D < O O O AN N N O N M � a) Q. _ C -ao Q O C 1 1 _ < v W Cl) A rn W rn tD Co (T W A N A W cn C) O O A N A A -+ V CJI C7 -fi (D A O CO N O -� N W O W a o 0 0 0 0 (D 0 0 0 0 N Z D = C) W p p (D CD O a) = N N x CR N CS) (D (D N 00 a) lD a W W W co Cn (O N W m O C� (7 : O O U) W Lt N W N A O ()t -' 0 CD [n � -N+ O N N O) O w W3 N N -0 W a) — (O 0 0 0 0 0 0 0 (D 0 C) •+` 0') 0 0) K A C, CD (D C) O C, C) O C:) _ 3 N N Cl) (D co co co CA co O W A A (O (o O N w m CO) N N W O N A O V A -1 A of W CO O W O (o (A N (T N CD N W CD C) (D A N cn A N CD (n C O co N Q (n co v A W co QD O O N (T co N i O O -+ CO O V CO W N N V 6] (A -J co V W (o N W N A W Cn W V N V V N O) Am O V V O W W CD W CP W (o O W O O O (A W O N W O 0 co A N Cn A REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes IVn 511iM4.V+ Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Quenten Palmer Phone (Originator): 4626 Date Sent: 11/13/13 Date Required: Return Signed Document to: Quenten CONTRACT TERMINATION DATE: VENDOR NAME: Altair Advanced Ind. DATE OF COUNCIL APPROVAL: 11/5/13 Manufacturer for Alpha Technologies Brief Explanation of Document: This is the Purchase for the power upgrade of the Station 74 Data Center that has been approved by council for 2014. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: RECEIVE Approval of Law Dept.: �)U� ® ry 12 2013'�Law Dept. Comments: - P-g. Date Forwarded to Mayor: V 2 Shaded Areas To Be Completed By Administration Staff Received: RECEIVE-'% Recommendations and Comments: NO', Disposition: /11—e/1-& �' % �� �— RECElVED � City Oi `�en" Office Of the MayOr Date Returned: NOV 2 0 KJi3 CI1Y OF KENT CITY CLERK Pmok I T 13-a14