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HomeMy WebLinkAbout2019-29 PSA with Lewan Technology RESOLUTION NO. 29 SERIES OF 2019 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF VAIL AND LEWAN TECHNOLOGY WHEREAS, the Town wishes to enter into an agreement (the "Agreement") with Lewan Technology to design and build the requisite systems and functionality for West Vail Data Center; NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF VAIL, STATE OF COLORADO: Section 1. The Council hereby approves the Agreement and authorizes the Town Manager to enter into the Agreement in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. ATTEST Ts A , OF LI Lam - _ ��i ,Nagel, Town JerkVi - hapin, a oI V Cr �AORATE1° Resolution No.29 Series of 2019 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 22nd day of May, 2019, by and between the Town of Vail, 75 South Frontage Road, Vail, Colorado 81657, a Colorado municipal corporation (the "Town"), and Lewan Technology, an independent contractor with a principal place of business at 1400 S. Colorado Blvd, Denver Colorado 80222 ("Contractor") (each individually a"Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A and Exhibit B, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services ("Scope Change") shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. C. Town agrees to execute authorization or non-acceptance of Scope Change in time frame designated by Contractor ("Decision Date"). Contractor will note in Scope Change criteria relevant to establishment of Decision Date in light of project deliverables outlined in Scope of Services. Town acknowledges that any Scope Change authorization or non-acceptance not executed by Decision Date designated by Contractor may impair Contractor's ability to meet deliverables and add financial burden on Contractor in excess of compensation noted herein. If such additional financial burden is noted within Scope Change and Town does not meet Decision Date requirement,Town agrees to pay additional financial burdens noted in Scope Change. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 7 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. 1 III. COMPENSATION A. In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor an amount not to exceed $766,830. This maximum amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town per payment schedule noted in Exhibit B. Upon satisfactory completion of work, Town will pay Contractor invoice for applicable work within 15 days of receipt of invoice. B. Notwithstanding the maximum amount specified in this Section, Contractor shall be paid only for work performed. If Contractor completes the Scope of Services for less than the maximum amount,Contractor shall be paid the lesser amount,not the maximum amount. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing,required by law. B. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances,rules and regulations. C. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. D. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services that is not supervised by Contractor. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this 2 Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below,with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of$1,000,000 each occurrence and$1,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and$1,000,000 general aggregate. C. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. D. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation 3 claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee,representative, or agent of Contractor or of any subcontractor of Contractor. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties,as provided by C.R.S. § 13-50.5-102(8)(c). IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E- Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. 4 D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the"Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County,Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. 5 K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any fmancial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge,requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above. TOWN OF VAIL, COLORADO Patty McKenny, Town Manager ATTEST: Tammy Nagel, Town Clerk APPROVED AS TO FORM: J. Matthew Mire,Town Attorney CONTRACTOR By: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2015,by as of . My commission expires: (SEAL) Notary Public 6 EXHIBIT A SCOPE OF SERVICES Contractor Engagement Parameters: After preliminary discussions with Town representatives regarding design and construction of Client's West Vail Data Center (WVDC), Contractor provided project estimate in conjunctions with noted Town requirements. See Exhibit B. These estimates will serve as baseline for Contractor and Town understanding as to requirements and associated costs. The deliverables provided within this Scope of Services will confirm and/ or provide adjustment to the baseline provided in Exhibit B. As of execution of this agreement Contractor understands Town's expectation for completion of the WVDC is September 1,2019. Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: • Contractor shall design and build the requisite systems and functionality for the Town's WVDC. These designs and associated build out of data center will incorporate Town requirements for room layout, internal rack configuration, power,cooling,and security systems. • Contractor shall work with Town representatives and Town 3rd party agents to coordinate responsibilities and corresponding scheduling required to complete WVDC. Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by Contractor and the Town: • Contractor will deliver the following items in conjunction with this engagement. o Documentation addressing design of WVDC to include the following. This documentation will be referred to Design Drawings. • Room Layout: to include racks and supporting systems • Final Equipment: to include all requisite equipment and materials necessary to meet specifications requested by the Town. • Installation and Management Services: to include all labor related to installing equipment and systems. 7 o Documentation addressing and outlining global activities and related responsible party required to deliver WVDC to Town. Documentation will be referred to as Responsibility Matrix. The Responsibility Matrix will go into requisite detail surrounding expectations for Town and its corresponding third party contractors / agents. At this time, Lewan anticipates the following items to be responsibility of the Town and its contractors / agents. This list is not inclusive and will be finalized with Responsibility Matrix deliverable. • Electrical with applicable permits • Water Supply with applicable permits • Plumbing with applicable permits • Supporting equipment not noted in this proposal such as generators, automatic transfer switches and fire suppression systems • Physical telecom access into data center room and into building housing data center • Architectural improvements to existing building and external site related to conversion of present functional office space to future functional data center space within applicable municipal codes. • Moving and installation of Town's technical equipment that will ultimately reside in data center. o Documentation addressing and outlining construction related activities and associated scheduling to meet Town requirements for delivery of WVDC. Documentation will be referred to as Construction Schedule. o All requisite equipment and materials outlined in the Design Drawings per time frame agreed to within proposed Construction Schedule. o All requisite labor to build and install equipment and materials noted in Design Drawings per time frames noted in proposed Construction Schedule. 8 EXHIBIT B DELIVERABLES LEWAN Prepared for Prepared by Steve Blair Rich Kennedy Town of Vail Lewan Technology 75 S.Frontage Road 1400 S.Colorado Blvd Vail CO 81657 Denver CO 80222 P:303-968-2379 rich kennedy@o lewan corn Power (See Exhibit C for additional technical specifications) UPS-3 phase eXM 1ookVA 480-208/120 tookW 8 min batt with MBC,SNMP 7x24 start-up,provide and install ATS to connect customer provided back up generator $ 185,000 Cooling (See Exhibit D for additional technical specifications) CRV 46oV In-row cooling with chilled water supply $ 337,500 Containment Furnish and install: $ 27,500 Busway Starline: Dual 400 amp busway L21-3o bus-plugs $ 50,000 Assembly services: S 47,00o Freight cost $ 13,500 Total $ 138,000 Cabinets (See Exhibit E for additional technical specifications) 8 cabinets VR335748Ux800mmx12o0cabinets 5 24,00o Rack/Room Security access 13(8 cab)/17(12 cab)locations $ 14,330 PDU5:Switched,Outlet Monitoring,L21-30P w/(24)locking C13 and Cr9 $ 40,000 12 Strand single mode fiber to each cabinet $ 28,000 Total $ 106,330 Estimated Project Totals R Cabinets Power S 185,000 Cooling S 337,50o Containment $ 138,000 Cabinets $ 506,330 Total $ 766,83o As discussed during meeting with the Town's IT group,Lewan believes the Town has a viable option for an air cooled system given Vail's climate and the prospective size of the data center.The ultimate configuration and resulting economics for an air cooled sytem will req uire deeper analysis and calculation which would be contingent upon numerous variables,including elements such as room size,data center layout,buil ding ventilation capabilities,and other construction related dynamics. Based upon Lewan's current knowledge,ultimate costs for deliverables noted above will not exceed amounts provided. P.yment Schedule Payment for delivery of Scope of Services in Exhibit A is expected to be as follows -Upon acceptance of Design Drawings,Responsibility Matrix,Construction Schedule and associated mobilization of resources by Lewan to deliver applicable deliverables,Town will pay Lewan$76,000. -Lewan and Town will review noted milestones within Construction Schedule 5 days prior to each calendar month end to determine contract value delivered by Lewan to Town through applicable date via AIA document 0702/703.Blank document AIA included within Exhibit B. If contract value is agreed to by both Lewan and Town,Town will pay denoted amount. If Lewan and Town do not agree as to contract value delivered by applicable milestone review,Town will pay 80%of Lewan's denoted contract value delivered or 100%of Town's denoted contract value delivered,whichever is larger. Payment for contract value delivered will be made by the 15th of the month following applicable milestone review. -Based upon Lewan's current understanding of project and associated Scope of Service noted in Exhibit A and the equipment,materials,and installation costs noted in this Exhibit B,Lewan estimates the following payment schedule.This schedule is an estimate and contingent upon numerous unknown variables at this time. •Design Acceptance and Resource Mobilization-June 25: Payment due 7/15=$76,000(10%of contract value as of agreement date) 'Equipment and Material acquisition,Preliminary Installation and Project Management-July 26: Payment due 8/15=35%contract value *Equipment and Material reciept,Final Installation and Project Managment-8/26:Payment due 9/15=50%of contract value •Project Completion and Project Management-9/25:Payment due 10/15=5%of contract value Please note this payment schedule and associated contract value completion are estimates based upon Lewan's current understan ding and may vary with finalization of Design Drawings and Construction Schedule as well as any Scope Changes experienced within project. 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Liebert eXM UPS d 94% ____ EcoMode •V Brand E 93% Brand A LU 92%.J ►r"'�,,.....,.- (� 1 91% 90% i 1 ! i ! 1 i I i 1 ! 30% 40% 50% 60% 70% 80% 90% 100% Load Efficient and Economical So You Can Contol Your Costs The Liebert EXM UPS was purposefully designed to provide efficient power protection that can meet your operating and capital requirements. • Unity Power Factor ensures more power is provided in a smaller footprint,thus �[R increasing system capacity while minimizing cabling and installation costs 103!�{N • Delivers high efficiency levels throughout the capacity range • 208 or 480 volt systems • Transformer-free design saves space,capital,weight and shipping costs • Superior operating efficiencies are realized through both the Eco-Mode option, which performs at 99%and the Double Conversion Mode,which delivers 97% (480V models) • ENERGY STAR®qualified Unity Power Factor Makes a Difference MORE 10%less CAPACITY! 20%less Based on a 100kVA 100A LESS 100%rated breaker SPACE! 44 Brand E Liebert EXM UPS Brand A 2 VERTIV Flexible Configurations and Deployment Options [ 1 ,II Adapt and Scale with Ease The flexible,scalable,redundant design of the Liebert®EXM"UPS is available in many system configurations to ensure optimal power protection. 1 Up to 100kW 208V Up to 200kW 208V Up to 250kW 480V Single Module System(SMS) (200kVA shown) GROW FROM TO /1 Flexible Scalability Paths 10kW 208V 40kW 208V -•-/ —/ Meet Your Capacity/ Internal Batteries Internal Batteries 1r / Redundancy Plans 20kW 208V 100kW 208V D • Rapid deployment Source • Reduce the pains of predicting capacity 20kW 208V 200kW 208V Configure for Distribute Bypass • N+1 redundancy 50kW 480V 200kW 480V 50kW 480V 711011, 250kW 480V Availability Designed In DC Source On-line,double conversion design delivers reliable power and highest levels of uptime. • Multi-module configurations enhance availability • Internally redundant design reduces switches to bypass • Standard 65kA short circuit withstand rating(certain conditions may apply) • Easy access to key components Source • High Mean Time Between Failure(MTBF)performance • Redundant communication paths ensures reliable control 3 LIEBERT®EXM"'UPS Capacity, Redundancy, Flexibility Protection from critical power problems The Liebert')EXM UPS provides future-proof scalability along with matching ancillary cabinets to address your power system demands. • Maintenance bypass cabinet Outages Sags Surges Spikes Noise • Bypass and distribution cabinet • Battery cabinet(many run time options), Lithium-ion available with 480V models 111/ 11111111/ 111 Transient Frequency Under Over Harmonics • Dual input transformer cabinet Deviation Voltage Voltage • Paralleling cabinet(parallel for higher capacity or redundancy). Optimized Ancillaries(various sizes available) 0 READY FOR .i •. Niii , im f LIB II I op' mi • Lithium-ion Batteries Maintenance Bypass Paralleling Dual Input Extended Battery Lithium-ion Battery Bypass Distribution Transformer Cabinet(Samsung) Multi-Module Flexibility • Matching Paralleling Cabinet supports up to a 2+1 configuration. • Options for up to 4+0 can be supported using third party switchgear. 1111 i, 14 2+0 2+7 4 VERTIV. Intuitive, Intelligent Operation at Every Level SOFTWARE Touch-Screen Control Panel Offers Intelligent Control • Intuitive,easy to use to reduce chances of human error Software to Match Your Needs • Improves productivity by providing information you need • Power performance parameters visualized • Service and maintenance support at your fingertips • Compatible with The TrellisT' Platform c111111J :JAM 'PM ., ...� . .. . MUM s Mill UNIT STATUS C) -•• ""° The Trellisn'Platform IB SII Go` a 0 { 123 2 Ill ) 1: Muril ''l' Optional Integrated Alber Battery Monitoring Systems • Advance warning of pending UPS battery failures • Real-time system and component level visibility LiebertSiteScant' • Verify the health of the entire battery system • Integrated into the battery cabinet 4111. .„ Liebert NformT" Alber BDSUi Battery Monitor Communications and Environmental Monitoring: Leverage the capabilities of our Unity Communications card and sensors to easily daisy chain together data inputs. • Temperature • Humidity • Access • Leaks • More 5 LIEBERT®EXMT"UPS Critical Services And Support Life'"Services • 24x7 continuous remote monitoring " • Expert analysis and diagnosis • Quick,safe and accurate response !,i • Just one of the professional service&support options available to improve uptime,cost control and resource allocation Monitoring Monitor Analyze & Respond LIFE Diagnose Analysis& Services Diagnostics Response Liebert"Services Maximizing the performance and efficiency of your data center's uninterruptible power supply(UPS)and other power distribution systems requires systems be properly maintained by factory-trained technicians.Trust Vertiv", Liebert Services to take your critical maintenance to the next level-proactive maintenance that can significantly extend the life of your power systems,decrease your capital investment,optimize system efficiency and effectiveness,and increase overall system availability. • 24x7 critical maintenance response ONLY Vertiv PROACTIVE ; • Proactive service,extends system life x eo. e e a Crease capital '� • Improved MTBF and MTTR Optimize • Local factory trained engineers ready to respond PREVENTIVE` Repair Normal Increase • Parts,expertise,satisfaction Equipment Operational Stress Equipment Level Reliability / REACTIVE" Emergency Repair Once Response Fault Has Occurred 6 • VERTIV. Specifications 208V NATIVE 208V NATIVE 480V NATIVE Power Rating-kW/kVA 10,15,20,30,40 60,80,100,120,140,160,180,200 30,40,50,75,100,125,150,175,200,225,250 Internal Battery Supported Y N N Input AC Specifications Phase/Power Factor/Freq 3/0.99 lagging minimum at full load/40-70 Hz Input Voltage 208,220,480',600'VAC,60Hz,3-phase,4-wire plus ground General Specifications UPS Technology On-Line Double Conversion Battery Specifications Battery Test Type/ Online/Valve-regulated lead acid battery I Lithium-ion(for 480V only) Battery Technology Output AC Specifications Voltage 208/120,220/127VAC,60Hz 3-phase,3-or 4-wire plus ground 480VAC,60Hz 3-phase,3-wire plus ground Frequency-Hz 60 Hza Communications Options 3 Liebert IntelliSlots Card Compatibility IS-UNITY-DP,IS-UNITY-LIFE,IS-485EXI,IS-RELAY Protocols Available MODBUS-IP,MODBUS-485,BACNET-IP.BACNET-MSTP,SNMP,HTTP,LIFETM Services,Relay Contacts Environmental Sensors Liebert SN Series Temperature,Humidity,Temperature/Humidity Combination,Contact Closure Physical Data UPS UPS Rating Unit Weight lb(kg) Dimensions,W X D X H in(mm) Unit Weight lb(kg) Dimensions,W X D X H in(mm) 10kVA,18kVA,20kVA 604(274) 23.6 x 39.5 x 78.7(600 x 1000 x 2000) N/A N/A 236 x 39.5 x 78.7 30kVA,40kVA 678(307.5) 23.6 x 39.5 x 78.7(600 x 1000 x 2000) 748(339) (600 x 1000 x 2000) SokVA 678(307.5) 23.6 x 39.5 x 78.7(600 x 1000 x 2000) 748(339) 23.6 x 395 x 78.7 (600 x 1000 x 2000) 60k VA 807(366) 23.6 x 39.5 x 78.7(600 x 1000 x 2000) N/A N/A 75kVA N/A N/A 842(382) 23.6 x 39.5 x 78.7 (600 x 1000 x 2000) 80k VA 881(399.6) 23.6 x 39.5 x 78.7(600 x 1000 x 2000) N/A N/A 100kVA 955(433.1) 236 a 395 x 78.7(600 x 1000 x 2000) 842(382) 23.6 a 395 x 78.7 (600 x 1000 x 2000) 120k VA 1221(553.8) 34.6 x 39.5 x 78.7(880 x 1000 x 2000) N/A N/A 125kVA N/A N/A 936(425) 23.6 x 39.5 z 78.7 (600 x 1000 x 2000) 150k VA N/A N/A 936(425) 23.6 x 39.5 x 78.7 (600 x 1000 x 2000) 160kVA 1368(620.5) 34.6 x 39.5 x 78.7(880 x 1000 x 2000) N/A N/A 175kVA N/A N/A 1030(467) 330 x 395 x 78.7 (880 x 1000 x 2000) 180kVA 1442(654) 34.6 x 395 x 78.7(880 x 1000 x 2000) N/A N/A 23.6 x 39.5 x 78.7 200kVA 1516(687.6) 34.6 x 39.5 x 78.7(880 x 1000 x 2000) 1030(467) (600 x 1000 x 2000) 225kVA N/A N/A 1030(467) 236 x 395 x 78.7 (600 x 1000 x 2000) 250k VA N/A N/A 1244(564) 33.0 x 39.5 x 787 (880 x 1000 x 2000) Physical Data Ancillaries Weight lb(kg) Dimensions,W X D X Nin(mm) Weight lb(kg) Dimensions,W X D X H in(mm) 600mm Bypass Distribution Cabinet 550(250) 23.6 x 39.5 x 78.7(600 x 1000 x 2000) N/A N/A 11.8 x 395 x 78.7 300mm Maintenance Bypass Cabinet 288(131) 7.9 x 39.5 x 78.7(200 x 1000 x 2000) 288(131) (300 x 1000x2000) 200mm Maintenance Bypass Cabinet 198(90) 7.9 x 39.5 x 78.7(200 x 1000 x 2000) 198(90) N/A 4907(2226)with 1200mm battery cabinet 47.3 x 39.5 1200mm Battery Cabinet N/A N/A HX540 batteries x 78.7(1200 x1000 x 2000) 3649(1656)with 2962(1344)with 347 x 395 x 78.7 880mm Battery Cabinet HX540 batteries 347 x 39.5 x 78.7(880 x 1000 x 2000) HX300 batteries (880 x 1000 x 2000) 600mm Battery Cabinet 2454(1114)with 236 x 39.5 x 78.7(600 x 1000 x 2000) NIA N/A HX330 batteries 320mm Battery Cabinet 1432(650)with 126 x 39.5 x 78.7(320 x 1000 x 2000) N/A N/A HX205 batteries 1200(545) 26024x81 Lithium-ion Battery Cabinet(Samsung) N/A N/A with batteries (650 x 600 x 2O55) Operating Temperature,'F("C)UPS:32'to 104°F(0-40'C}Battery:68"to 86'F(20-30'C).Relative Humidity:0%to 95%, Environmental non-condensing.Operating Altitude:Up to 3,300 ft.(1000m)without derating.Acoustical Noise,dh,at 39 in.:Less than 59 dBA typical. 3.3 ft_(1m)from the unit Agency/Certification/ Listed to UL 1778.UL 924 and CSA certified Meets current requirements for safe high performance UPS operation.ENERGY STAR.qualified. Conformance Seismic and OSHPD certified Warranty Standard 1yaar 7 EXHIBIT D - COOLING LIEBERT° CRVTM ROW-BASED COOLING 0 VERTIY, DX Cooling,19.6 kW ��� w� :. .mer::a ,.,.,.„,, . :" 2X THE CAPACITY PER Industry's Highest Delivered Row-Based Efficiency . SQUARE FOOT! a:' • Moving cooling closer to the source (I The Liebert®CRV'"is the • Digital Scroll Compressor to t , Most Efficient Row-Based match load &saves energy with Cooling Solution t 80-step capacity modulation I • Industry's Highest Delivered • Variable Speed Fans to match load Row-Based Efficiency • 2X the Capacity as • Field-adjustable air baffles-getting the a,r the Competition where it really needs to be Hydrophilic Coater J • Availability Approaching 100% Availability Approaching 100% • Industry's Most • Hydrophilic coating to ensure no water blow off Advanced Control& Performance Optimization • Emergency airflow capacity(20%) • Backed by the Industry's Best • Real-time environmental control from rack sensors Service and Support • Automatic performance optimization with Liebert iCOM'"controls and teamwork modes GONTRO<S+ • Wellness monitor alerts users in advance of potential issues r 12"DX Row Based Unit Energy Cost Comparison pi 2 16,000- —Option B $4,110 $1300 '20 _Opt A1 /G 'Z' 14,000 —Liebe t `r.' 14,000- /0F �.OJ\�.. m $2,30C $1000 ✓ 10.000- 1 1 j I • 8,000- 1 I $1,200 il c 6,000 4.000 $1,200 2000—BaSetl $1,400 $600 Energy Savings raver Option A 5 10 15 20 25 30 35 40 5work.:0 � Load<k W) Industry's Most Advanced Control & Performance Optimization • Only row-based product that can separate the compressor and fan speed for the best efficiency ANSIUCIssisil CERTIFIED® • Allows for six different control modes for greater flexibility ww w.a n r id,rectory.org Datacom Cooling • Controls up to 20 rack sensors to ensure the correct AM Standard 1380 amount of cold air is provided compared to 3 or less for the competition 1 LIEBERT41)CRVTM ROW-BASED COOLING �4 V E RT I V. Technical Data Nominal capacity 19.6 kW,Air-Cooled,Water/Glycol Input Voltage 208-230V,3ph.60Hz,460V,60Hz Refrigerant R410A •00. Compressor Digital Scroll,Variable Capacity 20-100% Refrigerant Digital Scroll,Variable Capacity 20-100% Controls Liebert ICOM" Control with large graphical display and 20 sensors • for up to 10 racks Communications HTTP,SNMP,RS-485 Modbus,Modbus IP/BACnet IP,Liebert Site Scan(R) Web 4.0 DIMENSIONS Height 79 in(2000mm) Width 12 in(300mm) , Depth 43 in(1100mm) Backed by the Industry's Best Service and Support • Fast and easy Installation with casters& pre-piped connections • Both top and bottom piping and electrical connections are standard • NO side access required • • Nationwide service through local factory trained technicians . + r .t u. uNrart MINIM.k • 24-hour customer and tech support • Remote Monitoring delivered by data center experts • Energy optimization services VertivCo.com I Vertiv Headquarters,1050 Dearborn Drive,Columbus,OH,43085,USA. e 20t6 Vert,/Co.A{I rights reserved Vertiv,the Vertiv logo and Vertiv Liebert OSE Liebert ICOM"are trademarks or registered trademarks of Vertiv Ca All other names and togas referred to are trade names,trademarks or registered trademark of thee respective owners White every precaution has been taken to ensure accuracy and completeness herein,Vertiv Co.assumes no responsibility,and dsc/aims all Rabrkty,for damages resulting from use of this information or for any errors or omissions.Specifications are subject to change Asthma refine SL-11983(811/14) 2 EXHIBIT E - RACKS VERTIV'"VR RACK Rapid Deployments High Density Cable -- Doors Everywhere You Operate •`V Entry Top Panel - Single and split 77% C� n Removable openings for 1111191 perforated doors Standardize your deployments around the ,J/ cable entry—ready for IIIproviding maximum world and bring them online faster with the front/rear cabling.Can airflow. Lift off hinges Vertiv""VR rack.The Vertiv VR supports a accommodate over for easy removal,and wide variety of equipment,including:servers, 2000 Cat 6 cables. field reversibility. storage,switches,routers, PDUs, UPSs, console port servers and KVM switches. Frame More usable depth The Vertiv VR is delivered ready for high compared to similar density environments to serve your mission sized rack. critical needs—even as they evolve and ,1411044,4 change.This rack gives you the flexibility Y ' you need with easy installation. e 4....3 Namit4**04-•IMVatika 10' ION iff The Vertiv VR Rack offers ::,4 : �' these advantages: i ;• ;` ift, n Int >~ k : Tool-less Cable m ilikiri'i is • Available in 8 standard sizes. �4 *" P Management `; Requires just inserting • Full depth adjustability of the 19"rails. t '; and twisting the tool- • Frame design allow for more than less accessories on 19" 2.5"more usable depth than similar �� vertical mounting rail, sized racks. ,- ,„. or the PDU/cable • Doors that have 77%perforation and management brackets. can be hinged on either side. • Tool-less removable top panel has four �,._. cable entry holes allowing for up to h 2000 Cat6 cables,or 60A PDU plugs. ITIiIll • Two dual purpose full height depth adjustable PDU/cable management Integrated 19" brackets mounted in the zero U space i Rail Alignment with tool-less button mounting of rack ,. Ensures 19"rails are PDUs,accessory mounting holes for tool-less cable management accessories, positioned correctly and integrated cable tie off positions. without measuring. • 42U frame height that allows for the rack to pass through standard doors on casters. • Simple external baying,allows for metric baying or on 24"centers. • Split side panels with single locking Split Locking slam latch allows for easy single Side Panels Leveling Feet person removal/installation. For quick and easy - Accessible from installation and = the top of the Pre-Integrated Rack Pby pr maintenance.Locks frame for easy time me and money by pre-integrating Vertiv Geist rPDUs with the VR Rack.Contact your provide security. adjustment. local sa representative to get started. 2 aa, VERTIV VertivTM VR Complete Rack Complete rack includes: • PART NUMBER U HEIGHT MM(INCHES)" WIDTH MM(INCHES) DEPTH MM(INCHES) Single 77% perforated locking front door. VR3100 42 2000(78.6') 600(236") 1100(43.3") VR3100SP ! 42 2000(78.6') 600(23.6') 1100(43.3") • Split 77%perforated locking rear doors. VR3100TAA 42 2000(78.6") 600(23.6') 1100(43.3") VR3300 42 2000(78.6') I 600(23.6") 1200(47.8") • 2 pair split locking side panels. VR3300SP 42 2000(78.6") 600(23.6") 1200(47.80 VR3300TAA 42 ! 2000(78.6') 600(236") 1200(47.8") • High density cable entry top cover VR3150 42 2000(78.6°) 800(31.5°) 1100(43.3") (2000 Cat 6 cables). VR3150SP 42 2000(78.60 800(31.57 (433")1100 VR3150TAA 42 2000(78.6") 800(31.5") 1100(43.3") • 2 sets of 19"EIA Rails. VR3350 42 2000(78.6") 800(31.5") 1200(47.8") VR3350SP 42 2000(78.6") 800(31.5") 1200(47.8") • 2 full height rack PDU Mounting/ VR3350TAA 42 2000(78.6") l 800(31.5") 1200(47.8") cable management brackets VR3107 48 2265(89.2") : 600(236") 1100(43.3") (one per side). VR3107SP I 48 2265(89.2" 600(236") I 1100(43.3") VR3107TAA 48 2265(89.2") 600(23.6") 1100(43.3°) • Low profile casters and leveling feet. VR3307 48 2265(89.2') 600(236") 1200(47.8°) VR3307SP I 48 2265(89.2") 600(23.6°) 1200(47.8" • Baying brackets. VR3307TAA 48 2265(89.2°) 600(23.6') 1200(47.8") VR3157 48 2265(89.2°) 800(31.5") 1100(43.3") • Bolt down brackets. VR3157SP 48 2265(89.2") 800(31.5") 1100(43.3" VR3157TAA 48 2265(89.2°) 800(31.5°) 1100(43.3°) • Hardware includes(50 each M6 cage VR3357 48 2265(89.2) 800(31.5" 1200(47.8" nuts and screws),Cage nut installation VR3357SP 48 2265(89.2") 800(31.5" 1200(47.8" tool,edge protection for top panel VR3357TAA 48 2265(89.2") 800(31.5') 1200(47.8") cable entry,T30/Phillips L key,T30 `Nominal dimensions,reference submittal drawings for exact dimensions VRXXXXSP ship with 2000 lb.rated shock packaging extension driver. VRXXXXTAA are TAA Compliant Features • Keys. FRAME TOP PANEL PDU/CABLE MANAGEMENT BRACKETS Frame capable of supporting up to 3000 lbs(1360kg) Tool-less removeable top panel. Two dual purpose full height depth adjustable Static,2250 lbs(1022kg)Dynamic,2000 lbs(907kg) PDU/Cable Management brackets mounted in Transport(with Shock Package). the zero U space. p 9 Integrated hole pattern for easy installation of top panel accessories(cable management,modular Button mount keyholes throughout to Simple external baying,allows for metric or on 24" busway support brackets,ladder/cable tray accommodate tool-less button mounting of centers and leveling feet incorporated into the frame support brackets). rack PDUs of various heights. for easy adjustment. Four cable entry holes allowing for up to 2000 Cat6 Accessory mounting holes allow for mounting cables,or 60A PDU plugs. of tool-less cable management accessories. 42U frame height that will allow access through standard doors on four swivel casters. Top Panel load capacity of 150 lbs. Integrated cable tie off positions. Depth adjustable. DOOR&SIDE PANELS 19"MOUNTING RAILS Single perforated front door and split rear (2)Pair of full height 19"EIA mounting rails,accepts COLOR cage nuts,U markings on front and rear of each rail. doors with tool-less lift off hinges. Frame,doors,side panels,top panel,rails and PDU Depth markings included on frame for easy alignment. brackets are powder coated RAL 7021(Black). Locking handles. Accessory mounting holes along rails allow for mounting of cable management fingers and CERTIFICATIONS Field reversible doors, tool-less accessories. EIA 310E 77%perforation exceeds IT Rectangular cutouts for routing cables through UL2416 manufacturers specifications. 800mm(31.5")wide 19"EIA rails from front to rear or for airflow for side breathing equipment. RoHS Split side panels with single locking slam latch. Full depth adjustability within the usable space. REACH 3 NO EMPLOYEE AFFIDAVIT [To be completed only if Contractor has no employees] 1. Check and complete one: ❑ I, , am a sole proprietor doing business as . I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR ❑ I, , am the sole owner/member/shareholder of , a [specify type of entity — i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. ❑ I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: • A valid Colorado driver's license or a Colorado identification card; • A United States military card or a military dependent's identification card; • A United States Coast Guard Merchant Mariner card; • A Native American tribal document; • In the case of a resident of another state, the driver's license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or • Any other documents or combination of documents listed in the Town's "Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's citizenship/lawful presence and identity. OR ❑ I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement("SAVE")program, and provide such verification to the Town. Signature Date 12 DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] I, , as a public contractor under contract with the Town of Vail(the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within twenty(20) days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature Date STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2015, by as of My commission expires: (S E A L) Notary Public 13 EXHIBIT B DELIVERABLES L E WA N Date 5/6/2019 Prepared for Prepared by Steve Blair Rich Kennedy Town of Vail Lewan Technology 75 S.Frontage Road 1400 5.Colorado Blvd Vail CO 81657 Denver CO 80222 P:303.968-2379 richkennedy®lewan.corn Power (See Exhibit C for additional technical specifications) UPS-3 phase eXM tookVA 480-208120 tookW 8 min batt with MBC,SNMP 7x24 start-up,provide and install ATS to connect customer provided back up generator $ 185,000 Cooling (See Exhibit D for additional technical specifications) CRV 460V In-row cooling with chilled water supply $ 337,500 Containment Furnish and install: $ 27,500 Busway Starline:Dual 400 amp busway L21.3o bus-plugs $ 50,000 Assembly services: $ 47,000 Freight cost $ 13,500 Total $ 138,000 Cabinets (See Exhibit E for additional technical specifications) 8 Cabinets 171abinetc VR335748Ux8o0mmx1200 cabinets $ 24,000 $ 36,000 Rack/Room Security access 13(8 cab)X17(12 cab)locations $ 14,330 $ 18,750 PDUs:Switched,Outlet Monitoring,L21-30P w/(24)locking 03 and C19 $ 40,000 $ 60,000 12 Strand single mode fiber to each cabinet $ 28,000 $ 42,000 Total $ 106,330 $ 156,750 Estimated Project Totals 8 Cabinets 12 Cabinets Power $ 185,000 $ 185,000 Cooling $ 337,500 $ 337,500 Containment $ 138,000 $ 138,000 Cabinets $ 106,330 $ 156,750 Total $ 766,830 $ 817,250 This proposal was prepared to accomodate solution with in-row cooling with chilled water as requested. As discussed during meeting with the Town's IT group, Lewan believes the Town may have viable option for an air cooled system given Vail's climate and the prospective size of the data center. The ultimate configuration and resulting economics for an air cooled sytem would require deeper analysis and calculation which would be contingent upon numerous variables,including elements such as room size,data center layout,building ventilation capabilities,and other construction related dynamics. With that noted,Lewan feels confidents that should the Town opt for an air cooled system,both capital costs for buiding data center and more relevantly,on-going operating costs associated with maintenance and support of data center will be less than data center design incorporating in-row cooling with chilled water. As of this date,Lewan does not have enough information to provide a decision-relevant estimate for an air-cooled design,but will commit to Vail that based upon knowledge currently known,an applicable air cooled system will be less than water cooled system. n addition,air cooled system may have effects on construction costs provided by Vail's general contractor with likelihood of these costs being lower,but there may be variables unknown by Lewan that affect that perspective. Based upon Lewan's current knowledge,ultimate costs for deliverables noted above will not exceed amounts provided. 9 NO EMPLOYEE AFFIDAVIT [To be completed only if Contractor has no employees] 1. Check and complete one: ❑ I, , am a sole proprietor doing business as . I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR ❑ I, , am the sole owner/member/shareholder of , a [specify type of entity — i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. El I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: • A valid Colorado driver's license or a Colorado identification card; • A United States military card or a military dependent's identification card; • A United States Coast Guard Merchant Mariner card; • A Native American tribal document; • In the case of a resident of another state, the driver's license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or • Any other documents or combination of documents listed in the Town's "Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's citizenship/lawful presence and identity. OR ❑ I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement("SAVE")program, and provide such verification to the Town. Signature Date 12 DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] I, , as a public contractor under contract with the Town of Vail(the "Town"),hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement")with the Town within twenty(20) days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature Date STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2015, by as of My commission expires: (SEAL) Notary Public 13