TC Council Packet 09-14-2010TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, SEPTEMBER 14, 2010
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MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS
PLEASE VIEW AVON'S WEBSITE, HTTP: //WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY & CITIZEN INPUT
5. DEPARTMENT UPDATES
a. Awards:
1. Police Department 2009 Colorado Law Enforcement Challenge
Colorado State Patrol)
2. Administration 2010 CIRSA Loss Control Award (Patty McKenny, Asst.
Award (Captain Duran,
Town Manager)
b. Internal Staff Promotions:
1. Police: Ken Dammen promoted to Sergeant and Aurion Hassinger reassigned to Detective
(Bob Ticer, Police Chief)
2. Public Works: Joe Histed to Parks & Facilities Superintendent, Tim Consadine to Parks
Supervisor (Jenny Strehler, Director PW &T)
3. Engineering: Shane Pegram reclassified to Project Engineer (Justin Hildreth, Town Engineer)
c. Professional Development Recognition:
• Debbie Hoppe awarded Judicial Administration Certification by Michigan State University, School of
Criminal Justice.
• Karyne Spadi attained Employment Law Essentials Certificate through Program sponsored by
Mountain States Employers Council.
• Scott Wright, CPA, CPFO attained his Certified Public Funds Investment Manager (CPFIM)
designation in March.
• Joye Gelo attained her certification as a Certified Payroll Professional (CPP) through the American
Payroll Association.
• Steve Duckworth received certification on Tracer Summit Systems Operations through the Trane
Corporation.
• Shane Pegram passed his Professional Engineering exam.
Avon Council Meeting.10.09.14
Page 3 of 4
TOWN OF AVON, COLORADO
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AVON REGULAR MEETING FOR TUESDAY, SEPTEMBER 14, 2010
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MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
6. CONSENT AGENDA
a. Minutes from August 24, 2010 and August 31, 2010
d. ESCO Mountain Inc. Contract Award - Town Hall HVAC Controls System (Shane Pegram,
Project Engineer)
7. ORDINANCES
8. RESOLUTIONS
9. TOWN MANAGER REPORT
10. TOWN ATTORNEY REPORT
11. MAYOR REPORT
12. ADJOURNMENT
FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS:
SEPTEMBER 28TH: First Reading & Public Hearing on Ordinance No. 10 -14 Avon Development Code, Final CIP
Budget and 5 Year Long Range Plans, Resolution Noxious Weed Plan, URA: 2011 Mall
Improvements, Bid Opening Update for Park Pavilion
OCTOBER 12TH: Budget Retreat and Regular Meeting
Avon Council Meeting.10.09.14
Page 4 of 4
Memo
C O L O R A D O
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Jaime Walker, Community Relations Officer
Date: September 7, 2010
Re: Staff Updates - Staff Promotions, Awards and Professional Development
Summary: The Town would like to recognize town awards, internal staff promotions, and acknowledge the
effort of staff to seek out and complete education that furthers their professional development. During a time
when the staff is being asked to do more and more as the Town has had to make cuts in staffing and resources
because of economic constraints, it is important to reward hard work, ongoing training, and personal
commitment.
Discussion:
Department Awards:
The Avon Police Department participated in the 2009 Colorado Law Enforcement Challenge. This challenge
was designed to strengthen and support traffic enforcement leading to improved safety within the Town of
Avon. The challenged focuses on three specific traffic safety priorities: occupant protection impaired driving,
and speeding. The ultimate goal of the challenge was to "save lives and reduce injury".
The Avon Police Department entered the competition in order to recognize the excellent work done by its
police officers educating the community about traffic safety. Captain Duran from Colorado State Patrol will
present a third place award to the entire Avon Police Department for the 2009 Law Enforcement Challenge.
In addition to this award, the Town of Avon was recognized by the Colorado Intergovernmental Risk Sharing
Agency for its "Outstanding Accomplishments" in the management of a successful Loss Prevention Program for
2009. This was awarded to the town because of its employees' efforts in safe practices and compliance with
safety policies resulting in low claim incidents. CIRSA, a property/casualty pool of municipality members,
provides tools and support to help public entities build a strong risk management program.
Internal Staff Promotions:
In the Avon Police Department, Detective Ken Dammen was promoted to the rank of Sergeant in August after
a rigorous interview process. Sergeant Dammen is a U.S. Marine Corp Veteran, and has 21 years of services in
law enforcement. His expertise, motivation, and leadership qualities will be a great asset to the leadership team
at the Police Department.
Officer Aurion Hassinger was assigned to Detective in June. Detective Hassinger has been in law enforcement
and with the Town of Avon since 2006.
In addition, the Public Works Department promoted Joe Histed to Parks and Facilities Superintendent from
Parks Operations Supervisor in July. Joe was selected for this position from a field of qualified candidates. As
acting Superintendent during the Fourth of July Salute to the USA celebration, he proved himself capable and
deserving of the position on a more permanent basis. Mr. Histed has served the Town of Avon with energy and
enthusiasm since 2001.
Filling Mr. Histed's previous position, Tim Consadine was promoted to Parks Operations Supervisor from
Parks and Maintenance Worker II. Mr. Consadine is a four year employee of the Town of Avon.
In the Engineering Department, Shane Pegram passed the Professional Engineering exam which earned him a
title reclassification from P. E. Engineer II to Project Engineer. Mr. Pegram has been with the Town of Avon
for four years.
Professional Development:
Several members of Avon's staff participate in courses of study to further their professional knowledge.
Ongoing professional development though continued education demonstrates that these employees are
dedicated to their careers and self - improvement. We want to recognize the following employees:
• Debbie Hoppe was awarded the Judicial Administration Certification by Michigan State University,
School of Criminal Justice.
• Karyne Spadi participated in the Employment Law Essentials Certificate Program sponsored by
Mountain States Employers Council.
• Catherine Mythen graduated from the Colorado Municipal Clerks institute, a three-year continuing
educational program.
• Scott Wright, CPA, CPFO attained his Certified Public Funds Investment Manager (CPFIM)
designation in March.
• Joye Gelo attained her certification as a Certified Payroll Professional (CPP) through the American
Payroll Association.
• Steve Duckworth received certification on Tracer Summit Systems Operations through the Trane
Corporation.
• Shane Pegram passed his Professional Engineering exam.
Town Manager Comments:
• Page 2
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD AUGUST 24, 2010
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One
Lake Street, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds,
and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks,
Assistant Town Manager Patty McKenny, Assistant Town Manager Community Development
Sally Vecchio, Town Engineer Justin Hildreth, as well as members of the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Wolfe noted that there would be no changes or conflict of interests related to this
meeting.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Councilor Carroll moved to approve
the consent agenda; Councilor Phillips seconded the motion and it passed unanimously:
a. Minutes from August 17, 2010
ORDINANCES
Public Hearing Continued From July 27. 2010 on Ordinance No. 10 -14, Series of 2010, First
Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon
Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and
Repealing Portions of Title 2: Administration and Personnel (Sally Vecchio, Asst Town Manager
Community Development, Eric Heil, Town Attorney) Review proposed Development Code as adopted by
the Planning & Zoning Commission /
Town Council commented on numerous items related to the following topics / chapters:
✓ Chapter 7.16 Development Review Procedures
✓ Chapter 7.20 Zone Districts and Official Zoning Map
✓ Chapter 7.24 Use Regulations
More specifically the PUD, Bonus Density, and the FAR were discussed as well as parking.
Mayor Wolfe opened the public hearing and the input was received from Todd Goulding, Chris
Green, Phil Struve.
Councilor Carroll asked about the legislation that would extend the emergency ordinance
timeframe from the end of September until the code is adopted. It was suggested that an
emergency ordinance be included for the next meeting on August 31, 2010.
There being no further business to come before the Council, the regular meeting adjourned at
9:45 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 2 of 2
10.08.24.doc
MINUTES OF THE SPECIAL MEETING OF THE AVON TOWN COUNCIL
HELD AUGUST 31, 2010
A special meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake
Street, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds,
and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks,
Assistant Town Manager Patty McKenny, Assistant Town Manager Community Development
Sally Vecchio, Town Engineer Justin Hildreth, as well as members of the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Wolfe noted that there would be no changes or conflict of interests related to this
meeting.
ORDINANCES
Public Hearing Continued From July 27. 2010 on Ordinance No. 10 -14, Series of 2010, First
Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon
Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and
Repealing Portions of Title 2: Administration and Personnel (Sally Vecchio, Asst Town Manager
Community Development, Eric Heil, Town Attorney) Review proposed Development Code as adopted by
the Planning & Zoning Commission /
Sally Vecchio, Assistant Town Manager Community Development, presented the following
sections that received Council attention and discussion:
• Chapter 7.28.090 Design Standards
• Chapter 7.28.100 Natural Resource Protection
• Chapter 7.32 Engineering Improvement Standards
The Town Council continued its dialogue on the above topics. Since the review was completed
this evening, it was noted that first reading would be scheduled for September 28th. The
document would be released to the Town Council and the public on September 17, 2010. It
was suggested that the following two topics be considered as follows:
✓ Housing to be discussed on the 9/28/10 meeting.
✓ Wildlife mitigation program be forwarded to P &Z commission to review.
Town Attorney Eric Heil presented Ordinance No. 10 -16, Series of 2010, An Emergency
Ordinance Amending the Avon Municipal Code Section 17.12.025
Home rule charter states 7 days; however,
Town Manager Report
Commented on the resident letter addressing the Russian Olive Tree; the topic would be
addressed with a resolution on 9/28/10 that amends the noxious weed plans.
There being no further business to come before the Council, the regular meeting adjourned at
9:05 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 2 of 2
10.08.31.doc
Memo
To: Honorable Mayor and Town Council Initials
Thru: Lary Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev.
From: Justin Hildreth, P.E., Town Engineer
Shane Pegram, P.E., Project Engineer
Date: September 8, 2010
Re: Town Hall HVAC Control System — Project Award to ESCO Mountain, Inc.
Summary: The Town Hall heating, ventilating, and air conditioning system (HVAC) has experienced
many operational problems over the years. Previously the Town contracted with Rader Engineering
to evaluate the system and recommend changes to improve system performance. The
recommended improvements were advertised for Bid in August. ESCO Mountain, Inc. submitted
one of five bids received for the Town Hall HVAC Control System project. Staff recommends
approval of ESCO's low bid of $96,660.
Discussion: Rader Engineering conducted a complete investigation and evaluation of the Town
Hall's HVAC control system and the condition of all mechanical components. Rader Engineering's
report dated July 30, 2010 records the deficiencies that were found and makes the following
recommendations:
1. Replace the existing direct digital control (DDC) system.
2. Replace the existing variable air volume (VAV) boxes.
3. Remove and replace the existing thermostatic control valves on the baseboard heaters with
electric valves and wall mounted thermostats.
4. Seal existing duct work.
5. Replace additional defective components.
6. Balance the VAV system.
7. Commission the system.
Rader Engineering then developed plans and specifications for completing the full set of
recommendations. The project was advertised for bid on August 12, 2010. Five conforming bids
were received on September 3, 2010 from Frontier Mechanical, Westco Systems, Climate Control
Company, R &H Mechanical, and ESCO Mountain. ESCO Mountain's bid of $96,660 is the low bid.
The bid of $96,660 is $12,660 greater than the funds currently available in the project budget.
However, the extent of defective components found in the Rader Engineering investigation exceeds
the original project scope. A portion of the work could be completed at this time and additional work
in the future, but that plan would limit the systems ability to operate efficiently as one system.
Staff recommends completing the entire project at one time to increase the systems efficiency,
therefore decreasing annual energy costs, and decrease annual maintenance costs. Staff
recommends reallocated $25,000 from an under budget project such as the Fishing Pier project into
the HVAC Control System project to account for additional construction costs and a project
contingency. The overall 2010 CIP budget will not be exceeded.
September 8, 2010
Town Hall HVAC Project — Project Award to ESCO Mountain, Inc.
Financial Implications: The 2010 Capital Improvements budget includes $100,000 for upgrading
the Town Hall HVAC system. The table below shows the existing and proposed budgets for the
project (Table 1). The proposed budget will require a 2010 CIP budget amendment to reallocate
$25,000 from an under budget 2010 CIP project to the HVAC Control System project. A CIP budget
amendment that does not increase the overall 2010 CIP budget will be brought to Council for
approval at a future meeting.
Table 1: HVAC Control System Upgrade Budget
Budget Item
Existing
Budget
Proposed
Budget
Design Fees
$ 16,000
$ 16,000
HVAC Control System
Upgrades
$ 84,000
$ 96,660
Contingency
$ 12,340
Total
$100,000
$125,000
Recommendation: Award theTown Hall HVAC Control Project to ESCO Mountain, Inc. in the
amount of $96,660.
Town Manager Comme
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A ment:
Exhibit A — Town Hall HVAC Control Project Bid Summary Sheet
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TOWN OF AVON, COLORADO rV06
AVON WORK SESSION MEETING FOR TUESDAY, SEPTEMBER 14, 2010
MEETING BEGINS AT 2:30 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
2:30 PM — 3:15 PM 1. EXECUTIVE SESSION:
a. Personnel Matters concerning the Town Manager pursuant to §24-6 -
402(4)(f) of the Colorado Revised Statutes.
b. Determining positions relative to negotiations pursuant to §24 -6- 402(4)(3)
regarding the Stone Creek Charter School lease
3:15 PM 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
3:15 PM — 3:45 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES
a. Upper Eagle Regional Water Authority Update (Kristi Ferraro, Councilor)
b. Avon Park (Harry A. Nottingham) Plan Playground Idea (Brian Sipes, Mayor
Pro Tem) Idea about Harry A. Nottingham Playground Improvement / Email only
c. 2010 Summer Traffic Counts recorded on July 30 and 31, 2010 (Shane
Pegram, Town Engineer) Review traffic counts / Memo only
d. Heat Recover Project Update (Jeff Schneider, Engineer II) Review status of
community project/ Memo only
e. Harry A. Nottingham Park Performing Arts Pavilion (Justin Hildreth, Town
Engineer) Update on the construction contract bid process / Memo only
f. Review VoIP Telephone Upgrade Program and Vendor Recommendation
(Cindy Kershaw, IT Administrator) Review proposals for telephone upgrade
3:45 PM -4:30 PM 4. BUDGET 2011: REVIEW PERSONNEL SUMMARY & GENERAL GOVERNMENT
PROGRAMS (Patty McKenny, Assistant Town Manager / Management Services)
Review information related to personnel and administrative program highlights
4:30 PM — 5:00 PM 5. EAGLE RIVER WATERSHED COUNCIL: WATER QUALITY PROGRAM UPDATES
(Kirby Wynn, and Melissa MacDonald, ERWC) Review plans for an expanded role of
the Eagle River Watershed Council in upcoming regional issues, including water
quality monitoring and assessment programs
5:00 PM 6. ADJOURNMENT
Avon Council Meeting. 10.09.14
Page 1 of 4
Patty McKenny
From: Justin Hildreth
Sent: Thursday, September 09, 2010 8:51 AM
To: Patty McKenny
Subject: FW: Avon Park Plan Playground Idea
Attachments: 34844_ 410335154002_ 252966639002 _4566354_6601495_n.jpg
From: Brian Sipes Remote email
Sent: Wednesday, September 08, 2010 4:25 PM
To: Amy Phillips; Buz Reynolds; Dave Dantas email; Kristi Ferraro email; Rich Carroll email; Ron Wolfe email; Larry
Brooks; Justin Hildreth; Jennifer Strehler
Subject: Avon Park Plan Playground Idea
Hey guys,
I wanted to pass along an idea for a play structure in the park someday. I've long noticed how attracted kids are
to the water ditches feeding Nottingham Lake and thought how cool would it be if kids could somehow
manipulate the water into some kind of structure that could teach about water and also just be plain fun. The
attached photo is from a park in Cambridge, MA and is one example. For our park, a key element could be a
hand powered rotary pump (transparent so you can see the impellers ?) that allows the kids to pump some water
out of the ditch and through the play structure then back into the ditch. The lessons could be ones about
erosion, siltation (a mini version of the small silt pond ?), siphon, water storage, water systems and supply, etc.
There could be several possible water "courses" from a central starting point that could act like a reservoir. One
could ever cross back and forth across the ditch on exaggerated "bridges ". Lots of possibilities...
If you have ever hiked (or jeeped) up to Holy Cross City you may have seen an example of this kind of water
"art" too. For years someone has used discarded mine debris to make a water sculpture that takes water out of
the mine shaft and sends it down the hill in pipes, over plates, etc. Shows you how like beavers, water in
streams just drives man nuts. It must be manipulated!
Anyway, enjoy!
Brian
Memo
To:
Honorable Mayor and Town Council
I itials
Thru:
Larry Brooks, Town Manager.
Approved
by: Sally Vecchio, Assistant Town M.gr /Director of Comm. Dev.
From:
Justin Hildreth, P.E., Town Engineer
Shane Pegram, P.E., Project Engineer
Date:
September 8, 2010
Re:
2010 Annual Traffic Count Summary
Summary: TDA Colorado, Inc. completed the 2010 annual traffic count in July. TDA's summary
report, dated August 16, 2010, is attached as Exhibit A.
Discussion: The Town of Avon completes traffic counts on an annual basis. TDA has collected
traffic counts each consecutive year since 1999. The counts were collected in the same 22 locations
counted in 2009 over a 24 hour period on Friday July 30'h and Saturday July 31st to remain
consistent with previous data. This consistency allows for an accurate comparison of traffic trends
throughout the Town.
The attached report documents the counts. Engineering has reviewed the attached draft and
requested the report be finalized. There were no construction projects or special events during this
period that would affect traffic volumes. As a result, driving patterns have stabilized throughout the
Town Core.
Town Manager Comments:
Attachments:
Exhibit A: TDA's 2010 Draft Summary Report
MEMORANDUM
To: Shane Pegram, Town of Avon
spegram @avon.org
From: David Leahy, TDA
Audrey Girard, TDA
Subject: Summer 2010 Traffic Count Summary
# of Pages: 14
EXHIBIT A
Date: August 16, 2010
Job #: Avon Annual
For the tenth year since 1999, we have again compiled summer traffic count data for the Town of Avon.
Two days of traffic counts were performed on Friday, July 30'h and Saturday, July 31s` , 2010, for all 22
count locations. This includes the two count locations added two years ago: #21) Buck Creek Rd n/o
Nottingham Road and #22) Swift Gulch Road n/o Nottingham Road. These were added to the count
program to better assess traffic changes along Nottingham Road. Traffic volumes from this year are
compared to the traffic volumes recorded on late July Fridays and Saturdays for years 2009 to 2002,
inclusive, and 1999 (Friday only).
Findings this year show that the total of the 19 matching count locations counted every year since 2004
has increased slightly ( +3.1% or 4,540 vehicles) from last year's lowest total volume. The 2010 total of
150,500 daily vehicles is only 1.4% higher than the same total six years ago, when the count program
added more north and east locations in 2004. Yet, this volume is still lower than shown in count years
2005 -2008.
We now have three years of data to compare totals at 21 locations and two years of data for 22 locations.
The 2010 volume is about 3% higher than the 2009 total for each of these groups. However, individual
intersections experienced larger increases or decreases, depending on the existing and detoured traffic
patterns.
The Summer 2010 24 -hour daily count includes the same locations #1 thru #20 counted for six of the last
seven years. Locations #21 and #22 were first counted in 2008. All 22 locations and are illustrated in
Figure 1:
1)Avon Road north of US 6
2) Benchmark Road west of Avon Road
3) West Beaver Creek Blvd. west of Avon Road
4)Avon Road north of West Beaver Creek Blvd
5) East Beaver Creek Blvd. east of Avon Road.
6) Beaver Creek Place south of East Beaver Creek Blvd
7) East Beaver Creek Blvd. west of Beaver Creek Place
8)West Beaver Creek Blvd. west of Benchmark Road
9) Nottingham Road north of 1 -70 Westbound Ramps
10) West Beaver Creek Blvd. north of US 6
11) Nottingham Road east of Metcalf Road
12) Metcalf Road south of Wildwood Drive
13) Benchmark Road south of W. Beaver Creek Blvd
14) Benchmark Road east of Avon Road
15) Post Blvd. north of US 6
16) East Beaver Creek Blvd. west of Post Blvd.
17) Yoder Ave. east of Post Blvd.
18) Fawcett Road south of Post Blvd.
19) Post Blvd. west of 1 -70 Eastbound Ramps
20) Metcalf Road north of Nottingham Road
21) Buck Creek Rd north of Nottingham Road
22) Swift Gulch Road north of Nottingham Road
Page 1 TDA Colorado
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Shane Pegram Avon Summer 2010 Traffic Count Summary
8./ 16/2010
Summer Friday Volumes
Overall, this year the total Friday volumes increased by 3.1% from the 2009 volume at the 19 matching
locations. This increase follows two years of approximately 5% decreases experienced in both 2008 and
2009 for the same 19 count locations. The 20 count location comparison shows a 2.7% increase over the
2009 total Friday volumes. This total is now just slightly greater than ( +0.6 %) the total volume shown for
the same 20 count locations six years earlier, in year 2004. After two years of decline, volumes are now
returning to their earlier levels.
This marks the second year we can compare the volumes at 21 locations (+ 3.1 %), and the first year for
all 22 count locations ( +2.7 %) over last year. Amongst these overall increasing volumes, three of the 22
count locations did show significant increases, greater than 10% over last year's volume at the same
location, while two locations show significant volume decreases.
Data from each of the twenty two locations counted this year are presented in Figure 2. This data was
collected on Friday, July 30th, 2010 and represents the 24 -hour daily traffic volumes at each location, as
well as the percent change in volume from the previous year. Table 3 in the appendix displays details of
these comparisons for the ten years of data collection.
Volume Increases
The largest percentage gain was seen on E. Beaver Creek Blvd., just west of Beaver Creek Place
(Location #7), with an increase of 40% (1-940 trips). This increase follows a+31% change ( +560 trips)
shown in 2009. Volumes now (3,300 trips) are nearly equal to the volume seen here six years ago (3,600
trips), yet about half of that seen eight years ago (6,200 trips).
The next significant increase is seen on W. Beaver Creek Blvd, west of the roundabout on Avon Road
(Location #3). This year's +20% change follows last year's 4% increase and volume here is now nearly
equal to the daily volume shown in 2005 and 2006.
The last significant increase shown this year is a +13% change ( +1,500 trips) on Nottingham Road just
north of the I -70 WB ramps (Location #9) where the total daily volume is 13,600 trips. This increase
follows four years of minor decreases, yet remains lower than the volume shown here in 2005 (15, 100).
Volume Decreases
The largest percentage decline was seen on Benchmark Road, just west of the roundabout at Avon Road
(Location #2) with a -42% change ( -2,660 trips). This decrease follows a +4% change ( +220 trips) shown
in 2009. Volumes now (3,670 trips) are slightly less than the volume seen here five years ago (3,900
trips). Over the ten years of counts, this location has seen the widest variation in volume, ranging from a
high of 7,400 trips in 1999 to a low of 2,500 trips in 2007. This continued change may be due to the
several changes in traffic flow patterns and building occupancy along Benchmark Road.
The other significant decrease is found on Benchmark Road west of W. Beaver Creek Blvd. (Location
#13), where there is a 14% drop in volume (460 trips). This may indicate a change in building
occupancy along Benchmark Road.
As shown in Figure 2, the five count locations in the Post Blvd retail area show very little change in
volume from last year. Volume changes range from - 4°.. ✓0 ( -265 trips) on Post Blvd west of the I -70 EB
ramps ( #19), to +3% ( +205 trips) on Yoder Ave. east of Post Blvd. Volumes on Post Blvd. as it
approaches US 6 (#15) are up about 2% ( +180 trips). In the core of this retail area, volumes on Fawcett
Road ( #18) are down 2% ( -90 trips). This follows the -13% change ( -580 trips) shown on Fawcett Rd last
in 2009. Volumes here have fluctuated over the years, but now (3,690 trips) seem to be at a level nearly
equal to those shown six years earlier (3,670 trips). This minimal change in traffic to /from the retail
area follows last year's overall reduction in volumes in the retail core, which may continue to reflect
the current economic conditions.
Page 3 TDA Colorado
Shane Pegram Avon Summer 2010 Traffic Count Summary
8/16/2010
The remaining twelve intersections counted this year showed only minor increases or decreases, an
absolute change of 10% or less. Fifteen of the locations show changes of less than 500 trips in a full day,
with eight of those seeing change less than 100 trips per day.
Total trips accessing Town from US Hwy 6 (Location #1) show minor increases. Volumes on Avon
Road, at the entrance to the Town from US 6, are up by 4% ( +740 trips) this year, reversing last year's
4% decrease ( -800 trips), which in turn, reversed the 2008 change of +4% there. Volumes at the west
portal (W. Beaver Creek Blvd; #10) are slightly higher ( +3% or 160 trips), while volumes at the east
portal (Post Blvd; #15) are also slightly higher ( +2% or +180 trips). Entry from the south to the Town of
Avon continues to become more focused toward the US 6 main entry at Avon Road, with 18,940 daily
trips.
Figures 3A & 3B present graphic comparisons of summer Friday daily traffic volumes since the study
began in 1999. Figure 3A displays data from 11 locations described here as central Avon; from the US 6
intersection with W. Beaver Creek Blvd. to the I -70 /Avon Road south roundabout. Figure 3B includes
three grouped locations of data: along Nottingham Road and Metcalf Road, in the Post Blvd. retail area at
the east end of town, and just off Nottingham Rd. at the Buck Creek and Swift Gulch Rd. intersections.
As discussed above, significant relative decreases (greater than 10% change) are shown at locations #2
and #13 on Figure 3A, and no significant decreases noted on Figure 3B. Significant Friday increases are
only shown on Figure 4A at locations #3, #7, and #10, and none on Figure 4B.
In the heart of Town, on Avon Road north of Beaver Creek Blvd ( #4), volumes are slightly up this year,
noting the first increase in volume since 2005. Volumes west of ( 0) and east of ( #5) the central
roundabout at Beaver Creek Blvd. and Avon Rd. continue to increase from the lows seen in 2008, but
remain below the peak volumes seen here in 2007. Figure 3B also shows minimal change this year in the
volumes north and east of Town.
Summer Saturday Volumes
Data from the last nine years are presented in Figures 4A & 4B for a comparison of summer Saturday
daily traffic volumes since 2002. The patterns are very similar to those shown in the respective Figures
3A & B, just slightly lower volumes at all locations. Location #17 on Fawcett Road and #18 on Yoder
Ave. are where Saturday volumes come closest to their Friday volume there, both showing 88 %.
Page 4 TDA Colorado
Shane Pegram
8/16/2010
Avon Summer 2010 Traffic Count Summary
Page 5 TDA Colorado
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8/16/2010
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Page 8 TDA Colorado
Figure 3B
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Page 8 TDA Colorado
Shane Pegram Avon Summer 2010 Traffic Count Summary
8/16/2010
Page 9 TDA Colorado
Figure 4A
Comparison of Su mmer SATURDAY Daily Traffic Volumes
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Page 9 TDA Colorado
Shane Pegram Avon Summer 2010 Traffic Count Summary
8/16/2010 1 F T
Summer Saturday vs. Friday Volumes - 2010
As can be seen in Table 1 and the previous Figures 3A &B and 4A &B, the summer traffic volume is
consistently lower on Saturday as compared to Friday. This year, Saturday volumes range from 58% to
88% of their Friday experience. Once again, the largest weekend drops occurred on Benchmark Road and
Nottingham Road, where Saturday volumes average about 60% of the highs experienced on Friday.
These roads provide access to more light industrial and residential areas. Similar to last year, the
Saturday volumes are closest to their Friday counterparts in the commercial area on and near Post Blvd.
However, this year shows about a 5% greater difference between Friday and Saturday volumes in this
commercial area.
Table 1
Summer 2010 -- 24 -hour Traffic Volumes by Location
Friday, July 30th & Saturday July 31st, 2010
Avon, Colorado
Count
Station
Location
Friday
Saturday
Saturday
as a %
of Friday
Vehicles per day
1
Avon Rd Nof US 6
18,938
15,738
83%
2
Benchmark Rd w /of Avon Rd
3,667
2,136
58%
3
W Beaver Ck Blvd w /of Avon Rd
13,299
9,800
74%
4
jAvon Rd Nof W Beaver Ck Blvd
21,984
17,683
80%
5
E Beaver Ck Blvd e/ofAvon Rd
9,408
7,624
81%
6
Beaver Ck Places /of E Beaver Ck Blvd
4,492
3,540
79%
7
E Beaver Ck Blvd w /of Beaver Ck PI
3,310
2,881
87%
8
W Beaver Crk Blvd w /of Benchmark Rd
5,571
4,509
81%
9
Nottingham Rd Nof 1 -70 WB Ramps
13,617
9,486
70%
10
W Beaver Ck Blvd Nof US 6
5,858
4,762
81%
it
Nottingham Rd e/of Metcalf Rd
5,352
3,485
65%
12
Metcalf Rd s /of Wildwood Dr
3,439
2,675
78%
13
Benchmark Rd s /ofW Beaver Ck Blvd
2,723
1,891
69%
14
Benchmark Rd e/of Avon Rd
6,134
5,086
83%
15
Post Blvd Nof US 6
7,688
6,358
83%
16
E Beaver Ck Blvd w /of Post Blvd
4,591
3,657
80%
17
Yoder Ave elof Post Blvd
7,771
6,860
88%
18
Fawcett Road s /of Post Blvd
3,692
3,238
88%
19
Post Blvd w /of east bound 1 -70 ramps
6,711
5,585
83%
20
Metcalf Rd Nof Nottingham Rd
4,986
3,247
65%
21
Buck Creek Rd Nof Nottingham Rd
643
388
60%
22
Swift Gulch Rd Nof Nottingham Rd
1,424
1,101
77%
Totals & Overall Average
155,298
121,730
78%
Page 10 TDA Colorado
Shane Pegram Avon Summer 2010 Traffic Count Summary
8/16/2010
Over the previous six years, the ratio of Friday to Saturday volume was showing a trend; when Friday
volumes increased or decreased from year to year, the Saturday volumes for that year would follow that
direction of change. However, this year the Friday volumes increased by 3% while the Saturday volumes
decreased by 1% from last year. The figure below graphically depicts the continued gap between
Friday's and Saturday's total daily volumes. This gap between the two daily totals continues to show
signs of broadening again this year, as shown in the figure below.
This year's 78% average ratio, detailed in the list shown at right,
Comparing Friday
& Saturday
Total Volumes
JY•
ri�•
Avon
Summer
Counts m Fridays
i•r•
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Shown later, in Figures 5 and 6, Friday's peak hour volumes are still
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2004 2005
2006
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This year's 78% average ratio, detailed in the list shown at right,
r.r.
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Shown later, in Figures 5 and 6, Friday's peak hour volumes are still
�F�f
r•5•
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82%
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This year's 78% average ratio, detailed in the list shown at right,
identifies the continuing gap between Friday and Saturday traffic
Saturday as % of
volumes and revalidates the use of Friday volumes to determine design
Year
Friday Traffic
day conditions for analysis of traffic impacts.
Shown later, in Figures 5 and 6, Friday's peak hour volumes are still
2010
2009
78%
82%
higher than during any hour on a Saturday, indicating that peak hour
2008
86%
conditions also occur on a weekday, rather than on the weekend.
2007
82%
2006
83%
2005
82%
Hourly Traffic Variation 2004 81%
Fridays and Saturdays are usually used to assess design -day volumes 2003 80%
for a resort area such as Avon. Nine consecutive years of data 2002 77%
collected at the gateway Location #1 on Avon Road, just north of US
Hwy 6, offer a look at the hourly variation of traffic on these two days and the comparison of Friday to
Saturday. Figures 5 and 6 depict hourly traffic volumes for this location on Fridays and Saturdays,
respectively, for July 2002 through July 2010.
Figure 5 shows that the Friday volumes at this location for 2010 are slightly above last year's volumes
during the L OAM to 5PM business part of the day, when 2009 volumes were at their lowest levels since
2002. Volumes are rising slightly after 7:OOPM, but still lower that the 2002 highs. This year, Friday
peak volume occurs in the Noon -1 PM and 4 -5PM hours, and continues to sustain high volumes between
Noon and 6:OOPM. Overall, daily traffic is up 4% ( +740 trips) on Friday at this location, reversing last
year's drop of 4 %.
Figure 6 displays Saturday hourly traffic at the Avon Road/US 6 entry. Traffic peaks at Noon again this
year and stays high from Noon to 6:OOPM. This year there was a +1% change in Saturday volumes,
following last year's -5% change.
Page 11 TDA Colorado
Shane Pegram
8116.'2010
Avon Summer 2010 Traffic Count Summary
Figure 5
Volume by Hour of Day
on Avon Road n/o US Hwy 6 (Location #1)
Last Friday of July 2002 -2010
2,000 --0--2002 %
1,750
--At--2003 '
- x-2004 -- \
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--
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g 2007
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Figure 6
Volume by Hour of Day
on Avon Road n/o US Hwy 6 (Location #1)
Last Saturday of July 2002 -2010
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Page 12 TDA Colorado
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Findings and Conclusions
Avon Summer 2010 Traffic Count Summary
3 R A
1. This year, overall 2010 Avon summer traffic volume is increasing, as shown below. Table 2 below
shows Friday 24 -hour subtotals for years as count locations were added. After four years of steadily
declining volumes for the subtotal of 11 original count locations, this year shows a 4.8% increase in
traffic. Approximately 3°.f'o increases are shown for the other subtotals. The increases seen are a
reversal of the trend showing reductions every year since 2005.
Table 2
Summary of 24 -hour Friday Count Subtotals
And Percent Change from Previous Year
2002 through 2010
Year
Original 11 Count LocationE
19 Count Locations
21 Count Locations
22 Count Locations
% change
24-hour Volume
% change
24hour VolUm
% change
124-hour Volume
% change
24 -hour VOIUm
2002
- -- 121,520
- -- - --
- -- - --
2003
-0.2% 121,220
- -- - --
- -- - --
2004
-12.0% 106,710
- -- 148,440
- -- - --
- -- - --
2005
10.2% 117,550
11.4% 165,290
- -- - --
- -- - --
2006
-4.5% 112,300
-2.1% 161,810
- -- - --
- -- - --
2007
-2.6% 109,400
0.3% 162,280
- -- - --
- -- - --
2008
-5.7% 103,200
-5.4% 153,570
- -- 155,860
- -- - --
2009
-3.4% 99,660
-4.9% 145,970
-5.0% 148,010
- -- 151,190
2010 1
4.8% 104,440
1 3.1% 150,510
1 3.1% 152,575
2.7% 155,300
2. Daily summer Saturday volumes, as a proportion of Friday volumes, had steadily risen from year to
year, but fall again this year, showing Saturday volumes to be about 78% of those volumes
experienced on Friday. Last year the proportion was 82 %, and the 2002 proportion was 77 %.
Weekend retail activity is still less than the typical weekday commerce.
3. The largest percentage increase in volumes is, for the second year, along E. Beaver Creek Blvd.
( +40% or +940 trips), just west of Beaver Creek Place. This follows a +31 % change last year,
recovering from the -52% change shown in 2008. Volumes now are nearly equal to the volume seen
here six years ago, when the roundabout intersection of E. Beaver Creek, Post and Yoder was a new
addition to the roadway network.
4. A significant increase is shown on W. Beaver Creek Blvd, west of the Avon Road roundabout ( +20%
or +2,300 trips). Any local land use changes or detours that would have effected this count
<foc g:r;i r ,Q
5. A significant increase is also shown on Nottingham Road north of the I -70 WB ramps ( +13% or
+1,500 trips). Any local land use changes or detours that would have effected this count location?
6. The largest decrease occurred on Benchmark Road, just west of Avon Road (42% or -2,660 trips).
This year's decrease is follows a small 4 0/o increase ( +220 trips) seen last year, and the very large
+143% change seen in 2008.
7. A significant decrease is shown on Benchmark Road south of W. Beaver Creek Blvd ( -14% or -460
trips). Any local land use changes or detours that would have effected this count location?
8. The five count locations in the Post Blvd retail area show very small, insignificant changes in
volumes this year, ranging from -4% to +3 %. This leveling in traffic to /from the retail area follows
Page 14 TDA Colorado
Shane Pegram Avon Summer 2010 Traffic Count Summary
8:16/2010 F T
last year's -3% to -13% reductions and may continue to be a reflection of the current economic
conditions.
9. Trips accessing Town from US Hwy 6 show minor changes. Volumes on Avon Road, at the entrance
to the Town from US Hwy 6, are up by +4% this year, reversing last year's -4% change. This may be
associated with more usage of the new Westin Riverfront resort hotel which was completed in 2009.
Volumes at the east and west portals are nearly unchanged from last year. Entry from the south to the
Town of Avon continues to become more focused toward the US 6 main entry at Avon Road with
18,900 daily trips.
10. Avon is now showing small increases in total volumes throughout the count area. Total 24 -hour
Friday count volumes in 2010 are about 3% higher than for the same 19 locations counted six years
earlier in 2004. This small increase follows two years of -5% changes seen in 2009 and 2008. The
19 count total is now nearly equal to that shown in 2004. The minor overall volume increase this
year may show that the global economic conditions are improving, with small increases in the
retail, construction, residential and resort market sectors.
TDA Colorado, Inc.
900 E. Louisiana Avenue, Suite 100
Denver, CO 80210
Office: 303-825-7107 FAX: 303-825-7108
TDA(a)tdacolorado.com
Page 15 TDA Colorado
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Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Approved by: Sally Vecchio, Assistant Town Manager
From: Justin Hildreth, P.E., Town Engineer
Jeffrey Schneider, P.E., Project Engineer
Date: September 8, 2010
Re: Community Heat Recovery Project Update (Memo Only)
Summary: This memorandum is to provide Town Council with an update on the progress of the
Community Heat Recovery Project. When completed, the project will utilize the heat energy in
treated wastewater effluent from the Avon Waste Water Treatment Facility (WWTF) to heat the
Recreation Center swimming pools and eventually provide snowmelt energy for Main Street. The
project consists of installing pumps, heat exchangers, process piping, and other new equipment in a
building at the Avon WWTF and trenching heat supply and return lines to another new building to be
located immediately east of the Recreation Center. The project is partially funded by a grant from the
Govemor's Energy Office through the Colorado Department of Local Affairs (DOLA) and is being
conducted in partnership with the Eagle River Water and Sanitation District ( ERWSD).
Previous Council Action: Town Council approved the grant agreement with DOLA at the April 28,
2009 regular meeting. The intergovernmental agreement between ERWSD and Town of Avon
(TOA) was approved at the May 26, 2009 regular Council meeting. The Design Services Contract
was awarded to Camp, Dresser, and McKee, Inc. (CDM) at the June 23, 2009 regular Council
meeting. Previous project updates were given to Council at the November 10, 2009 and February 9,
2010 meetings. The construction contract was awarded to GE Johnson Construction Company
(GEJCC) on April 13, 2010. Change Order 01 to the construction contract was approved by Town
Council at the July 13, 2010 meeting.
Discussion: As of the composition of this memorandum, a substantial amount of site work has
been completed. Both buildings, the Heat Distribution Building adjacent to the Recreation Center
and the Heat Pump building at the WWTF site are mostly complete, with only electrical and
mechanical installations remaining. The submittal and procurement process has been completed,
with all equipment ordered and scheduled for delivery. Utility work under Benchmark Road is
complete and the contractor is installing the Heat Recovery piping beneath Lake Street.
The trenching is progressing slowly due to dense subsurface utilities through the corridor from the
Recreation Center to Lake Street. However, utility conflicts are anticipated to be far less severe as
the pipeline proceeds to the west. Work at the directional bore beneath the railroad tracks was
halted for approximately one month following the August 5, 2010 construction accident to allow for
strict investigation and review of the general contractor's and subcontractor's safety protocol. The
subcontractor has re- mobilized and has completed its scope of work. The pipeline and conduit will
be installed through the casing, connecting with the receiving bore pit, already excavated at the
southwest comer of Nottingham Park.
Looking ahead, the pipeline will continue to proceed to the west, impacting the south edge of the
athletic field in Nottingham Park. All subsurface work is anticipated to be completed by the end of
September. Meanwhile, interior mechanical and electrical equipment and facility installation will
occupy crews within the two buildings. The project's system testing is to begin in mid - October, with
the project being operational in time for the Christmas holiday.
Community Heat Recovery Project Update
September 14, 2010
Photo 1: Heat Distribution Building Interior
Photo 2: Heat Pump Building, west elevation
• Page 2
Community Heat Recovery Project Update
September 14, 2010
Photo 3: Block installation, Heat Distribution Building
Photo 4: Pipeline trench looking west, note numerous transverse utility crossings
• Page 3
Community Heat Recovery Project Update
September 14, 2010
Photo 5: Auger bit removal from steel casing, Railroad crossing bore pit
Financial Implications: The current construction budget for the Avon Community Heat Recovery
Project is shown in Table 1 below. Additional change orders are expected which will absorb the
project contingency, but the overall project is anticipated to remain within budget at this time.
Table 1: Heat Recovery Construction Budget
Line Item Amount
Construction Contract $ 3,738,639
Testing /Administration $ 10,000
Contingencies $ 45,567
Totals $ 3,794,206
Town Manager Comments:
• Page 4
Memo
To: Honorable Mayor and Town Council
Tiny Larry Brooks, Town Manager
Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev.
From: Justin Hildreth P.E., Town Engineer
Shane Pegram P.E., Project Engineer
Date: September 8, 2010
Re: H.A. Nottingham Park Pavilion — Project Update
Summary: This memorandum is to provide Town Council with an update on the progress of the H.A
Nottingham Park Pavilion project. The project was advertised for bid on August 19, 2010 and a pre -
bid was held on September 3, 2010. Construction bids for the project are due on September 16, 2010
at 2 PM.
Background:
• January 26, 2010 - The H.A. Nottingham Park Pavilion plans were presented to Town Council.
The presentation included three options for construction. Option one included the pavilion
structure only with a budget of $250,000. Enhanced option one included an "enhanced"
pavilion with some aesthetic improvements beyond Phase 1 and a budget of $300,000.
Option two was a fully developed pavilion, and would require an additional $200,000 for
construction. Town Council directed Staff to design the "enhanced" option one.
• May 4, 2010 - The Planning and Zoning Commission approved Final Design.
• May 11, 2010 —Three dimensional renderings of the Final Design were presented to Town
Council and marketing material for solicitation of funds was discussed.
• July 13, 2010 — Councilman Dave Dantas updated Town Council on the pavilion's progress.
Town Council directed staff to bid the Harry A. Nottingham Park Performing Pavilion
following Councilman Dantas' presentation.
Discussion: Bid Documents were completed and the project was advertised for bid starting August
19"' in the local paper of record and the Town's website. The advertisement was also sent directly to
the Engineering Department's list of contractors and to three plan rooms. Twenty two companies
requested plans including the three plan rooms prior to the pre -bid meeting.
The pre -bid meeting was held on September P and was mandatory for general contractors. Twenty
five individuals attended the pre -bid meeting. The twenty five attendees represented fourteen
general contractors and eight sub - contractors, allowing for a maximum of fourteen bids. The
construction bids are due on September 16"' and will be presented to Town Council at the September
28"' meeting.
Town Manager Comments:
Memo
To: Larry Brooks, Town Manager
Thru: Scott Wright, Asst Town Manager— Finance
Thru: Eric Heil, Town Attorney
From: Cindy Kershaw, IT Administrator
Date: September 2, 2010
R®: VoIP Vendor Recommendation
Summary:
IM
The existing telephone system at the Town of Avon has been in place for over 12 years and
the system is outdated and needs to be replaced Only refurbished telephones and parts can be
purchased for the old system. Proper handling of 911 location information is not supported on
this system and there is limited growth available on the current system. We have no
redundancy on the system and there are no new upgrades or additions to that system to allow
new features or functionality to be added.
Background:
The process to select a replacement telephony system for the Town of Avon began July 20,
2009 with the release of a Request for Quotation. The Town received 7 responses from
Colorado VoIP telephony vendors. These responses covered proposals for 5 different VoIP
manufacturers. The answers to the RFQ were used to present budgetary costs for a VoIP
system in the 2010 budget Server and network upgrades have been completed in 2010 to
accommodate the new VoIP environment
The 5 VoIP manufacturers were narrowed down to 3 to be evaluated with the goal of finding
one that would serve the Town's needs for the foreseeable future. The 3 manuf ictim rs
considered were Avaya, Cisco and ShoreTel. All 3 have very strong and long histories in the
VoIP industry . All 3 would provide a much needed upgrade in technology that would give the
users far more functionality than the existing system.
Each vendor was invited to the Town for a day to demonstrate their proposed system and
features in May 2010. The scope was refined and counts of actual devices were updated in
June 2010 and updated quotes were received from each vendor. Site visits to a customer
running each of the proposed systems were conducted in June and July 2010.
Discussion:
I am recommending the proposal from Imagine Technologies for the Avaya IP Office system
for the Town. This solution features all of the functionality that the Town has requested and
more. This solution will continue to work and grow for the Town for many years to come on
a solid platform that will be upgraded, maintained and supported by Avaya and Imagine
Technologies.
Management of the IP Office platform is a graphical interface that is intuitive and easy to learn
and navigate. The ease of management within the system will allow IT staff to quickly make
changes necessary for the users to receive the full benefits of the features available.
This system will allow the Town to utilize technology to create new efficiencies within
departments that are short staf%d currently and have difficulty keeping in touch with other
Town departments and the public.
Complete answers to the RFQ and quotes are available to be reviewed
If these recommendations are approved by the Town Council, the project will commence on
September 15, 2010 and be completed by October 31, 2010.
Financial Implications:
The budget in 2010 for the VoIP project is $125,000.00
The Avaya proposal is the most cost effective of the 3 solutions considered. The Avaya
system will allow us to implement enhanced 911 capabilities that will give Vail Dispatch
detailed information about the location the call is coming from. We can designate location
information down to the specific room or office in a building if we wish. The cost savings
also allow us to implement at installation a wireless infrastructure in the Municipal Building
which will allow the Administration staff mobility to handle calls wherever they are in the
facility.
Summary of proposals.
Existing telephone system yearly maintenance = $ 9,276.00
Additional Costs:
Cabling work that may be necessary $ 3,000.00
Network consulting $ 5,000.00
Additional hardware (switches, etc) $ 5,000.00
Recap of financial implications with Avaya IP Office recommendation:
2010 CIP Budget $125,000.00
Avaya IP Office Installation (Imagine Technologies) $104,497.42
Additional Costs $ 13,000.00
Balance remaining $ 7,502.58
• Page 2
Imagine Technologies
Avaya IP Office
OU Networks
ShoreTel
PEI
Cisco & Microsoft OCS
Installation cost
$ 104,497.42
$ 125,831.00
$ 137,304.00
Year 1 maintenance
Included
Included
$17,507.00
Year 2 maintenance
$ 7,080.001
$ 9,800.00
$ 18,773.00
Year 3 maintenance
$ 7,080.00
1 $ 9,800.00
$ 18,773.00
Existing telephone system yearly maintenance = $ 9,276.00
Additional Costs:
Cabling work that may be necessary $ 3,000.00
Network consulting $ 5,000.00
Additional hardware (switches, etc) $ 5,000.00
Recap of financial implications with Avaya IP Office recommendation:
2010 CIP Budget $125,000.00
Avaya IP Office Installation (Imagine Technologies) $104,497.42
Additional Costs $ 13,000.00
Balance remaining $ 7,502.58
• Page 2
Recommendation:
Approve moving forward with implementation of the VolP system proposed by Imagine
Technologies and approve the attached Tams and Conditions (with Schedule A — Order
Summary Form), the Statement of Work and the Schedule B Maintenance Agreements for
each Town location.
Town Manager Comments
L� �Lti`C- Goy
• Page 3
IMAGff HNOLOGIES
PRODUCT A SERVICE PURCHASE AGREEMENT
CONTRACT NUMBER: TOWN OF AVON
TERMS AND CONDITIONS
This Product & Service Purchase Agreement ("Agreement ") is by and between the
legal entities that have executed this Agreement ( "Imagine Technologies" and
"Client"), This Agreement covers Products and Services for use only in the United
States in the ordinary course of Client's business, and not for the purpose of resale
by Client
The parties agree that the terms and conditions of this Agreement will govern the
Client's purchase and/or license of equtpment, software, and associated wire and
cable, ( "Products ") and installation, maintenance and other related services
("Services') described in this Agreement ( "Order "). No other terms and conditions
will apply to Client's Order, nor control over this AgreemenL If Client submits its
Order on Client's own Purchase Order form ("PO "), then the terms and conditions
on Client's PO are expressly excluded If applicable, this Agreement also consists of
one or more of the following documents;
_X Schedule A -Order Summary Form
1. CONTRACT PERIOD A This Agreement shall be effiective from the date of
execution by authorized representatives of both parties and shall remain in effect
until terminated as set forth in this Agreement
B. if Client orders Maintenance Service; it will commence on the expiration of the
applicable warranty period for the temp stated on the Order Summary Form Upon
expiration of the initial term, Maintenance shall automatically renew for successive
one year terns at the monthly charges and under the terms and conditions in effect at
the time of renewal unless either party gives the other written notice of its intent not
to renew at least thirty (30) days prior to the expiration of the initial or any renewal
terin. Imagine Technologies can also notify you ninety- (90) days in advance of the
time of renewal that Service for specific Products covered under this Agreement will
not be renewed
2. ORDERS A Imagine Technologies' acceptance of Client's Order is subject to
credit approval and to Client's remittance of the initial payment as set forth on the
Order Summary Form (Schedule A). Subsequent Orders, excluding Change Orders,
with a purchase price or license fee of less than $10,000 for additions or
modifications to the Products and Services acquired hereunder ( "Add Ons ") may be
purchased by Client via telephone, fax, U.S. mail, or email under this Agreement
The price of Add Ons will be Imagine Technologies' then current price.
C When applicable, the parties will mutually agree upon a Scope of Work that
describes the responsibilities of each party with respect to installation or other
Services to be provided The Scope of Work shall be made part of the applicable
Order when signed by both parties. Client's failure to perform its responsibilities on
the dates specified in the Scope of Work may result in a delay of the Order, or may
result in an increase in the prices stated on the applicable Order Summary Form or
Scope of Work
3. IMPLEMENTATION A The "Delivery Date" is the date Imagine Technologies
delivers the Products to the Client's location The "In -Service Date" is the date that
Products are substantially in operation in accordance with the manufacturer's
standard specifications and any additional documentation accompanying the Product
(collectively referred to as "Specifications ") and are available for use by the Client
B. Any mutually agreed upon changes made to the Order before the Delivery or In-
Service Date shall be documented on a Change Order forth ("Change Order). The
Change Order form shall state the applicable adjustments to the cost of the Order,
including any applicable shipping charges or cancellation charges.
C. If Client requests a delay in the Delivery Date or In -Service Date, Imagine
Technologies at its option may (1) delay the Delivery Date or In -Service Date
subject to any increase in the prices and charges on the Order; (2) deliver the
Products and invoice Client for the purchase price or license fee plus any applicable
charges for Services performed, in which case installation will be rescheduled at a
mutually agreeable time; or (3) cancel the Order and bill Client for cancellation
charges as set forth in Section 12.
D Imagine Technologies may, at its option, perform a site survey to identify
Client's specific installation requirements If the site survey cannot be performed
before Imagine Technologies' acceptance of the Order, it will be scheduled by
mutual agreement of the parties. Upon completion of the site survey, Imagine
Technologies will identify and communicate to Client any additional charges that
may apply as a result of the site survey on a Change Order. If Client does not agree
to such additional charges, client may cancel the Order without liability for
cancellation charges.
4. MAINTENANCE SERVICES A Maintenance Services include all labor and
replacement parts and/or Products required by Imagine Technologies to provide
remedial repair of Products during the warranty period, or for Products covered by
PgIof3
an Order for post - warranty maintenance Service ( "Maintenance Service") PARTS
AND PRODUCTS REPLACED UNDER MAINTENANCE SERVICE MAY BE
NEW, REMANUFACTURED OR REFURBISHED Any removed parts and/or
Products will become the property of Imagine Technologies.
B_ Maintenance Service coverage will be in accordance with the option(s) described
in Service Offerings Summary (Schedule B) and selected by Client on the Order.
C, Imagine Technologies may, at its discretion, electronically monitor Products for
the purpose of (l) providing accurate remote diagnostics and correcting actions; and
(2) determining the applicable renewal charges on the anniversary date of Orders for
Maintenance Services charged on a per port basis. Client agrees to cooperate with
Imagine Technologies in such data collection, including making remote access
available to Imagine Technologies for this purpose.
D. Any additions made by Client to Products installed at the Client's location, or
any additions electronically identified pursuant to Section 4C above shall be
automatically added to Maintenance Service coverage either upon warranty
expiration of the additional Product or on the anniversary Products purchased from
a party other than Imagine Technologies or an authorized agent ("Third Party
Products'), are subject to certification by Imagine Technologies at Imagine
Technologies then current rates for such certification Maintenance Service
coverage will be effective immediately after Imagine Technologies certifies the
Third Party Products. Additions shall be charged at the monthly prices charged by
Imagine Technologies for the existing Products.
& WARRANTIES AND EXCLUSIONS A Imagine Technologies warrants that
during the warranty period the Products warranted directly by Imagine Technologies
will operate in accordance with the Specifications. If a Product does not operate in
accordance with the Specifications during the manufacturers' warranty period,
Client will promptly notify Imagine Technologies. Imagine Technologies will, at its
option, either repair or replace that Product without charge to Client The warranty
period shall be specified on the Order Summary and shall begin on the Delivery
Date, or if installed by Imagine Technologies, on the In- Service Date.
a If Client has ordered post - warranty service, during Imagine Technologies'
warranty and post- warranty service periods, Imagine Technologies is responsible for
damage (excluding loss or corruption of data records) to Client's voice Products
(e.g., DEFINITY®ECS and IntuityTM AUDDC® system but not any data or video
Products) from power surges as long as Client has installed to the Products,
electrical protection which complies with the National Electrical Code, any
applicable local standards, and any Imagine Technologies- specified site
requirements. A pending or active Imagine Technologies post- warranty service
agreement is a prerequisite for this power surge coverage
C. Except as warranted in 5.A above, Imagine Technologies warrants that Services
will be performed in a workmanlike manner in accordance with the provisions of
this Agreement and any applicable industry standards and government regulations.
If Imagine Technologies fails to perform the Services as warranted, and Client
reports such failure within 30 days of the performance of the Service, Imagine
Technologies will re- perform such Services.
D For Products receiving warranty and post warranty service directly from the
manufacturer, Imagine Technologies will supply Client with the contact infomiation
for registration and service requests during the warranty penod. If a Product does
not operate in accordance with the Specifications during the manufacturer's
warranty period, Client will call the manufacturers' Technical Assistance Center
(" TAC ") and the manufacturer will perform all required warranty work in
accordance with the terms of its warranty.
E. EXCEPT AS STATED IN SUBSECTIONS 5A AND 5C ABOVE, IMAGINE
TECHNOLOGIES, AND ITS PARENT, RELATED COMPANIES.
SUBSIDIARIES AND THEIR AFFILIATES, SUBCONTRACTORS AND
SUPPLIERS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND
SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE
F. the Imagine Technologies' warranties provided in this Section 5 are limited to the
normal and usual use and operation of the Products by Client in accordance with the
manufacturer's standard operating instructions Imagine Technologies' warranties
and Maintenance Services do not cover and specifically exclude all claims resulting
from the following: (1) abuse or misuse of Products; (2) Client's failure to follow the
manufacturer's installation, operation or maintenance instructions; (3) environmental
and force majeure conditions listed in Section 14; (4) failure of network tamers or
transmission errors experienced over Internet or other facilities; (5) attachment of
equipment to Products except through standard interfaces: or (6) actions of non-
Imagine Technologies personnel 'including loading of software onto Products or any
IMAGIlG 9 . NdLOG1E 6
f / 1 l
PRODUCT A SERVICE PURCHASE AGREEMENT
CONTRACT NUMBER: TOWN OF AVON
TERMS AND CONDITIONS
other modification to Products except as approved in writing by Imagine
Technologies.
G. Imagine Technologies does not warrant uninterrupted or error free operation of
the Products. In addition, although Products are designed to be reasonably secure,
Imagine Technologies makes no express or implied warranty that Products are
immune from or prevent fraudulent intrusion, unauthorized use or disclosure or loss
of proprietary information Certain features if purchased, such as Password Reset,
Conference Mailbox, Skip Password and Monitor Mailbox, when enabled, could be
improperly used in violation of privacy laws By ordering Products with these
features or separately ordering such features, Client assumes all responsibility for
assuring their proper and lawful use.
H. Imagine Technologies shall have no liability for the delay in or failure to perform
any Services to the extent that such failure or delay results from the following, (1)
delay by Client, any agent or representative of Client; (2) Chent's failure to provide
environmental conditions, access to the location where the work is to be performed,
including without limitation remote access to Products, entrance to buildings, rooms,
or sites; network facilities, or any information or other resources which may be set
forth in a Scope of Work for installation Services; (3) Client's failure to make
payments when they are due; (4) Force majeure conditions as set forth in Section 14,
1. The decision to acquire or use hardware, software (in any form), networks,
supplies, facilities or services from parties other than Imagine Technologies ("Third
Party Products ") is Clie es, even if Imagine Technologies helps Client identify,
evaluate or select then. EXCEPT AS SPECIFICALLY AGREED TO IN
WRITING, IMAGINE TECHNOLOGIES IS NOT RESPONSIBLE FOR, AND
EXPRESSLY DISCLAIMS LIABILITY FOR, PERFORMANCE OR QUALITY
OF THIRD PARTY PRODUCTS OR THEIR SUPPLIERS, AND THEIR
FAILURE TO MEET CLIENT'S EXPECTATIONS WILL NOT AFFECT
CLIENT'S OBLIGATIONS TO IMAGINE TECHNOLOGIES.
6. CLIENT'S RESPONSIBILITIES A. In addition to Client's responsibilities set
forth elsewhere in this Agreement, Client is responsible for notifying Imagine
Technologies of the presence of any hazardous material (e.g., asbestos) on Client's
premises prior to the commencement of any Services. Client is also responsible for
removal of any such hazardous material or correction of any other hazardous
condition that affects Imagine Technologies' performance of Services. Services will
be delayed without any penalty to Imagine Technologies until Client removes or
corrects any hazardous condition Client also agrees to notify Imagine Technologies
prior to moving a Product under warranty or an Order for Maintenance Services
Additional charges may apply if Imagine Technologies incurs additional costs in
providing Maintenance Services as a result of a move of a Product
B If the Product supports Telephony over Transmission Control Protocol/Internet
Protocol (TCPAP) facilities; Client may experience certain compromises in
performance, reliability and security, even when the Product performs as warranted
These compromises may become more acute if Purchaser fails to follow Imagine
Technologies' recommendations for configuration, operation and use of the Product.
CLIENT ACKNOWLEDGES THAT IT IS AWARE OF THESE RISKS AND
THAT IT HAS DETERMINED THEY ARE ACCEPTABLE FOR ITS
APPLICATION OF THE PRODUCT. CLIENT ALSO ACKNOWLEDGES THAT,
UNLESS EXPRESSLY PROVIDED IN ANOTHER AGREEMENT, CLIENT IS
SOLELY RESPONSIBLE FOR (1) ENSURING THAT ITS NETWORKS AND
SYSTEMS ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED
INTRUSION, AND (2) BACKING UP ITS DATA AND FILES.
7. PRICE AND PAYMENT A. Client agrees to make the initial payment for
Products and Services indicated on the Order Summary Form. Imagine
Technologies will invoice Client for the balance, adjusted to reflect all advance
payments and any Change Orders, on the Delivery Date or the In -Service Date,
whichever is applicable Client agrees to pay invoices upon receipt Any invoices
not paid within thirty (30) days after the date on the invoice are subject to a late
payment fee of one and one -half percent (1 -1/2 %) per month or portion thereof, or
the maximum amount allowed by law, whichever is lower, on the unpaid balance.
Restrictive endorsements or other statements on checks will not apply.
B. Client agrees to reimburse Imagine Technologies' attorneys' fees and related
costs associated with collecting delinquent payments. Late fees or attorneys fees
shall not apply to balances in dispute resolved in the Client's favor.
C. Unless Client provides Imagine Technologies with a tax exemption certificate,
Client is solely responsible for paying all legally required taxes, including without
limitation any sales, excise or other taxes and fees which may be levied upon the
sale, transfer of ownership, license, installation or use of the Products, except for any
income tax assessed upon Imagine Technologies. Client will pay all shipping,
Pg 2 of 3
handling, rigging and other destination charges relating to the shipment and delivery
of the Products to the location specified on the applicable Order
8. TITLEAUSK OF LOSS Risk of loss for Products shall pass to Client on the
Delivery Date. Client will acquire good and free tide to Products purchased upon
full payment of charges invoiced, except that tide to software will remain with the
manufacturer of the software.
9. SECURITY INTEREST' In the event that tide shall be deemed to have passed,
Imagine Technologies reserves the right to file a security interest in the Products
until the purchase price and any installation charges are paid in full You agree to
execute and deliver all documents reasonably requested by Imagine Technologies to
protect and maintain Imagine Technologies' security interests. You appoint Imagine
Technologies as your agent to sign and file a financing statement to perfect Imagine
Technologies' security interest
10. SOFTWARE LICENSE Client shall receive the right to use software provided
under this Agreement pursuant to the Manufacturer's Software License Agreement
in Schedule D or to any shrink- wrapped licenses.
11. EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY A. THE
ENTIRE LIABILITY OF IMAGINE TECHNOLOGIES, ITS PARENT, RELATED
COMPANIES, SUBSIDIARIES, AFFILIATES AND SUBCONTRACTORS,
(AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF ALL OF
THEM) AND CLIENT'S EXCLUSIVE REMEDIES FOR ANY DAMAGES
CAUSED BY ANY PRODUCT DEFECT OR FAILURE, OR ARISING FROM
THE PERFORMANCE OR NON - PERFORMANCE OF ANY SERVICE,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
SHALL BE: (1) FOR FAILURE OF PRODUCTS DURING THE WARRANTY
PERIOD, THE REMEDIES STATED IN SECTION 5; (2) FOR DAMAGES TO
REAL OR TANGIBLE PERSONAL PROPERTY OR FOR BODILY INJURY OR
DEATH TO ANY PERSON FOR WHICH IMAGINE TECHNOLOGIES' SOLE
NEGLIGENCE WAS THE PROXIMATE CAUSE, CLIENT SHALL HAVE THE
RIGHT TO PROVEN DAMAGES TO PROPERTY OR PERSON; (3) FOR
IMAGINE TECHNOLOGIES' FAILURE TO PERFORM ANY OTHER
MATERIAL TERM OR CONDITION OF THIS AGREEMENT AND SUCH
FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER IMAGINE
TECHNOLOGIES' RECEIPT OF WRITTEN NOTICE FROM CLIENT,
CLIENT'S SOLE REMEDY SHALL BE TO CANCEL THIS AGREEMENT
WITHOUT INCURRING CANCELLATION CHARGES OR CHARGES FOR
PRODUCTS AND SERVICES NOT YET PROVIDED; (4) FOR CLAIMS OTHER
THAN SET FORTH ABOVE, IMAGINE TECHNOLOGIES' LIABILITY SHALL
BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO
EXCEED THE PURCHASE PRICE/LICENSE FEE OF THE PRODUCT OR
SERVICE GIVING RISE TO THE CLAIM.
B. EXCEPT TO THE EXTENT PROVIDED IN II.A. (2) ABOVE, IMAGINE
TECHNOLOGIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND,
LOST, CORRUPTED, MISDIRECTED OR MISAPPROPRIATED DATA OR
MESSAGES; AND CHARGES FOR COMMON CARRIER
TELECOMMUNICATION SERVICES OR FACILITIES ACCESSED THROUGH
OR CONNECTED TO PRODUCTS (-TOLL FRAUD ") IMAGINE
TECHNOLOGIES SHALL NOT BE LIABLE FOR THE TYPES OF DAMAGES
STATED ABOVE WHETHER OR NOT IMAGINE TECHNOLOGIES HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
PARAGRAPH SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE
REMEDY,
12. CANCELLATION/TERMINATION A. (i) If Client cancels all or any portion
of an Order for Products prior to the Delivery Date, Client shall pay Imagine
Technologies a cancellation fee of twenty-five percent (25%) of the purchase
priceAicense fee for the canceled Products. (ii) If Client cancels all or any portion of
an Order for Products that are unopened and still in their original package after the
Delivery Date but prior to the In -service Date, Client shall return the canceled
Products and pay a restocking fee of the greater of twenty five percent (25 %) of the
purchase price for such Products or twenty five dollars ($251 plus all incurred
shipping charges (iii) If Client cancels all or any portion of an Order for Products
after the Product container is opened or installation has begun, Client shall pay
Imagine Technologies a cancellation fee equal to one hundred percent (1 0096) ofthe
purchase pricellicense fee for the cancelled Products plus the cost of any service
r�
IMaWEf1 HNOLOGIES
PRODUCT A SERVICE PURCHASE AGREEMENT
CONTRACT NUMBER: TOWN OF AVON
TERMS AND CONDITIONS
performed up to the date of cancellation, and all insured shipping charges (however,
upon making this payment, Imagine Technologies shall remove its Security Interest,
Client shall have title free and clear, and the return of the Product is not required)
B. Unless otherwise stated in a Scope of Work for Services, once a Service tern has
commenced for any initial or renewal term, Client may cancel coverage upon thirty-
(30) days written notice to Imagine Technologies. If Client notifies Imagine
Technologies of its intent to cancel during the first thirty (30) days of an initial term
or renewal term, Client will only be responsible for the charges for the period of
coverage up until the effective date of termination, If the Cancellation occurs after
the first thirty (30) days of an initial or renewal term, Client agrees to pay a
cancellation charge equal to the monthly charges for twelve (12) months or the total
remaining on the term than in place, whichever is less. Client further agrees that the
cancellation charge is not a penalty, but is in lieu of the actual damages that Imagine
Technologies will incur, the precise amount of which may be difficult to determine.
For prepaid agreements, Imagine Technologies will refund or credit the pro rata
price of the remaining tam less the applicable termination charge. Imagine
Technologies agrees that if its own breach of a material part of this Agreement
causes the cancellation, the cancellation fee will not apply.
C. If either party fails to perform any material tern or condition of this Agreement
and such failure continues for thirty (30) days after receipt of written notice, such
failure shall constitute a breech of this Agreement and the non - breaching party may
terminate this Agreement and exercise any available rights subject to the provisions
and limitations set forth in Section 11 or elsewhere in this Agreement
13. SETTLEMENT OF DISPUTES Any controversy or claim whether based on
contract, tort, strict liability, fraud, misrepresentation, or any other legal theory,
related directly or indirectly to this Agreement ( °Dispute °) shall be resolved solely
in accordance with the terms of this Section 13. If a Dispute arises, the parties will
attempt to resolve the Dispute through good faith negotiation within forty-five (45)
days of notification of the Dispute. If the Dispute carmot be settled through good
faith negotiation, parties will submit the Dispute to non - binding mediation
conducted by the American Arbitration Association ("AAA') or any other mutually
acceptable alternate Dispute resolution organization. Each party shall bear its own
expanses but those related to the compensation of the mediator shall be borne
equally. The parties, their representatives, other participants and the mediator (and
arbitrator, if any) shall hold the existence, content and result of mediation in
confidence. If the Dispute is not resolved through mediation, claims may be brought
in a state or federal court of competent jurisdiction. Any Dispute Client has against
Imagine Technologies with respect to this Agreement must be brought within two
(2) years after the discovery of damage or injury To the extent not prohibited by
law, the parties hereby knowingly, voluntarily and intentionally waive any right to
trial by jury that either party may have in arty action or proceeding, in law or in
equity, in connection with this Agreement
It FORCE MAJEURE Imagine Technologies shall have no liability for delays,
failure in performance, or damages due to: fire, explosion, power failures, pest
damage, lightning or power surges (except as provided in 5.131 strikes, or labor
disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or
military authorities or the public enemy, manufacturer caused equipment or par
shortages, transportation facilities, fuel or energy shortages, performance or
Pg3of3
availability of communications services or network facilities, unauthorized use of the
Products, or other causes beyond Imagine Technologies' control whether or not
similar to the foregoing.
11 ASSIGNMENT Neither Client nor Imagine Technologies may assign all or part
of this Agreement without the express written consent of the other This consent
may not be unreasonably withheld Imagine Technologies may, however, assign this
Agreement without Client's consent to a present or future parent, related companies,
subsidiary, affiliate, or successor and Imagine Technologies may also assign
Imagine Technologies' right to receive payment under this Agreement Client
acknowledges that Imagine Technologies' consent to any assignment by Client does
not waive assignee's obligation to pay any applicable license fees to the
manufacturer for associated software.
16. SUBCONTRACTING Imagine Technologies may subcontract all or part ofthe
Services to be performed under this Agreement, but will retain responsibility for the
work to the extent of the warranties provided in Section 5.
17. NON-SOLICITATION - Neither party shall solicit for employment any
personnel ofthe other party who has performed work for or received Services from
the other parry under this Agreement during or within twelve (12) months of the
performance of such Services.
I& GENERAL A. Any supplement, modification or waiver of this Agreement must
be in writing and signed by an authorized representative of both Client and Imagine
Technologies.
R If either Client or Imagine Technologies fails to enforce any particular right or
remedy available under this Agreement, that failure will not be considered to be a
waiver of any other right or remedy available under this Agreement
C. This Agreement is for the sole benefit of the parties and there are no intended
third parry beneficiaries of this Agreement
D. If arty provision ofthis Agreement is found to be illegal or unenforceable, that
finding will not affect the validity ofthe remaining provisions of this Agreement,
and a valid provision that most closely approximates the economic effect and intent
ofthe illegal or unenforceable provision will be substituted for it
E. All notices and other communications pertaining to this Agreement must be in
writing, and will be considered to have been given on the date of receipt if
personally delivered, or on the fifth business day after mailing if sent by certified
mail, return receipt requested, postage prepaid at the addresses identified on the
Schedule A.
F The substantive and procedural laws ofthe State of Colorado, without regard to
any otherwise applicable choice or conflict of laws provisions, will govern this
Agreement
G. THIS AGREEMENT, INCLUDING ALL SUPPLEMENTS EXECUTED BY
THE PARTIES AND ATTACHED HERETO OR REFERENCING THIS
AGREEMENT, IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES
WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED
HEREUNDER AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS,
COMMUNICATIONS BETWEEN THE PARTIES AND UNDERSTANDINGS,
WHETHER WRITTEN OR ORAL.
Each of the parties has caused this Agreement to be executed as ofthe date written below its signature
TOWN OF AVON IMAGINE TECHNOLOGIES ENTITY:
-., .___.- ___IMAGINE TECHNOLOGIES. INC
(Legal Entry Name) (Legal Entity Name)
(Authorized Signature) (Authorized Signature)
(Typed or Printed Name)
(Title)
_MIKE MALONE
(Typed or Printed Name)
CONTROLLER
(Title)
(Date) (Date)
SCHEDULE A -ORDER SUMMARY
Client Legal Name:
Client Contact
Tel. No..
Town of Avon
Cindy Kershaw
970 - 748 -4034
Imagine Address: PO BOX 4993
City: ENGLEWOOD
State, Zip Code C080155
Client Address
Street:
City State, Zip Code:
PO Box 975
Avon, CO 81620
Imagine Contact
Name: Bob Kadere
Tel # 303 - 350 -2409
Fax #. 720 - 200.6701
InstellationlDelive Address if dWena
Street One Lake St
City State, Zip Code: von, CO 81620
EMAIL: okershaw avon.
Method of Payment LEASE ❑ CASH o CREDIT CARD ❑
Check No:
Credit Card No.: Ex p. Date:
Contract No. SK083010
Order No.
Clients order for Products is summarzN as ow:
Product Deacd n
Order Code
O.ua
Una Purchase
PrioelLicanae Fee
Total Purchase
PAoall-kense Faa
Installation
Cho
arts
Term
AfontlJs
VAYA IPO IP500 V2 CONTROL UNIT
LUC- 700476005
3
S__ 1345.00
S 4035.00
12
VAYA IPO IP5W V2 SYSTEM SD CARD MU-LAW
LUC- 700479710
3
S 50.00
$ 150.00
12
VAYA IPO DVD R6 USERIADMIN SET
LUC- 700480569
1
19.00
$ 19.00
12
VAYA IPO 500 EXTENSION CARD PHONE 2
LUC- 700431778
1
S 250.00
5 250.00
12
VAYA IPO 500 EXTENSION CARD PHONE 8
LUC- 700417231
5
990.00
4,950.00
12
VAYA IPO 500 MC VCM 32
LUG- 7OD417389
3
S 9W.D0
S 2,700.00
12
VAYA IPO 500 TRNK PRI UNI SINGLE
LUC- 700417439
1
$ 950000
S 950.00
12
VAYA IPO LIC IP500 T1 CHANNELS ADD 8 RFA
LUC- 215181
2
730.00
S 1 460.00
12
VAYA IPO 500 EXP MOD PHONE 16
LUG- 700449507
1
2,651.00
S 2,651.00
12
VAYA IP OFFICE Power Lead E US
LUC- 700289770
4
$ 15.00
i 60.00
12
VAYA IPO 500 RACK MOUNTING KIT
LUC-700429202
4
$ 00.00
S 240.00
12
VAYA IPO LIC PREFERRED PRO 4
LUC - 171991
1
S 2,395.00
S 2,395.00
12
VAYA IP400 VoioeMall Pro RFA 2
LUC- 174459
1
$ 1795.00
S 1,795.00
12
VAYA IP400 VoiceMa9 Pro RFA 4
LUC- 174460
1
$ 2,875.00
$ 2,875.00
12
VAYA IPO LIC VMPRO UMS 20 USER RFA
LUC- 217883
2
$ 903.96
$ 1,807.92
12
VAYA IPO LIC R6 AV IP ENDPOINT 2D RFA
LUC- 229447
2
S 1 45.OD
$ 2,490.00
12
VAYA IPO LIC R6 AV IP ENDPOINT 1 RFA
LUC- 229444
6
$ 75.00
S 450.00
12
VAYA IPO LIC RID AV IP ENDPOINT 5 RFA
LUC- 229445
4
S 350.00
1,400.00
12
VAYA IPO W#149111e OpWn 4 CHANNELS RFA
LUC- 205650
12
$ 695.00
S 8,340.00
12
tP0 LIC RECEPTIONIST RFA 1 LIC:DS
LUC- 171987
4
$ 599.00
$ 2,396.00
12
VAYA PWR USER 20 RF MS Twkm
LUC - 229428
3
S 2,704.00
S 8112.00
12
VAYA IP PHONE 96M GRAY
LUC - 700405673
88
111 595.00
S 62 360.00
12
VAYA IP PHONE 9640 GRAY
LUC - 700383920
27
$ 640.00
$ 17 2W.00
12
VAYA 9600 SBM24 BUTTON MODULE GRAY
LUC - 700462518
3
S 215.00
6 545.00
12
VAYA 1151D1 IP PHONE POWER W1CAT 5
LUC. 700434897
3
$ 25.00
S 78.00
12
VAYA 1151D1 PWR CORD
LUG4053B2641
3
$ 9.00
S 27.001
12
VAYA IPO 500 4 PORT ANALOG TRUNK
LUC-700417405
2
$ 400.00
S 800.00
12
Maul
120 716.92
Subrotal This Papa
eusTotalOtMr
$120,715.92 $0.00
IB39LGO 17 .OD
btotalOther Paues,
5 60,960.60
Dlocount
567,177.00
hippkM Ch None
5
Dah Ipte:
TBD
Tax, None
$
Esthaated In4wvka Date:
Tao
TOTAL
S 1UA7A2
Rarnarks: ant tmna an Qe%Adgnp P at CorMet s
Advance ftyment
5 8 248 71
Balance due upon r.es or anal Invaon
Balance Due
i SX248.71
CLMNrB SKIWATURE BELOW ACKNOWLEDGED THAT CLIENT HAS READ AND ACCEPTED THE TERMS AND CONDITIONS OF THE ABOVE REFERENCED CONTRACT, THE CLIENT AUTHORIZES IMAGINE
TECHNOLOGIES TO OBTAIN CREDIT INFORMATION PRIOR TOA The *AMR
CLIENT:
Irmo hu ENTITY:
Enft N "
(Legai Entity Name
Authorized ftnabire)
(Authorized Sf lure
ted Name Ttft
Printed Name Tito
Date
Date
SCHEDULE A -ORDER SUMMARY
Client Legal Name: Town of Avon
Client Contact Cindy Kershaw
Tel. No.. 970 - 748-4034
Imagine Address PO BOX 4993
City ENGLEWDOD
State, Zip Code CO 80155
Client Address:
Street PO Box 975
City State, Zip Code: Avon, CO 81620
Imagine Contact
Name: Bob Kadera
Tel #- 303- 350 -2409
Fax #. 720 - 200-6701
InstallationlDelivery Address (If different)
Street: One Lake St.
City: Avon, CO 81620
EMAIL: dumihawDayon.org
Method of Payment LEASE O CASHM CREDIT CARD?
Cheek No:
Credit Card Na: Exp. Date:
Contract No. 8KO83010
Order Na
Clients order for Products is summarized as follows:
Product Description
Order Code
Quantity
Priwll kenee Fee
Fee
Charges
Term(MO)
TZ 3645 Wingless Phone with headset
LUC- 700430416
4
S 675.00
S 2.700.110
12
3645 with ChsW
LUC•700430457
4
$ 55.00
$ 220.00
12
3645 Charger Power
LUC- 700245392
4
$ 5.00
S 20.00
12
Voice Sarver
LUC- 700413164
1
499.00
S 499.00
12
AVPP Power
LUC•700480905
1
$ 69.50
S 69.50
12
erver for UM 4
r
MLT -FF420
1
S 3100.00
S 3100.00
12
Locator Torte Commander PRI Interface
RST- RS6750
1
S 10 000.00
S 10 000.00
12
rver with OS, Keyboard, Mouse
1
$ 4AW.00
S 4 .00
12
HP Ned Business Day On Site service
1
$ 300.00
S 369.00
12
Routers for QoS Adhan Model 3430 T -1 Module
2
$ 2 .00
S 1400.00
12
Price above includes software upgrade to R7 when
available
Controller, l6 AP Madm=an
650-US
1
$ 2,345.00
$ 2,345.00
1
Enforcement Module 128 Users
LIC -PEF -127
1
1050.00
1.05D.00
1
Wireless
VAP650
Intrusion Protection Mod 4 AP
LIC -WP-4
1
S 240.00
S 240.00
1
wer Cord
PC -AC-NA
1
S
$
12
Acces s Point Ucense
LIC -4-AP
1
S 300.00
S 300.00
1
Aruba Model 125 Access Point
AP -125
3
$ 995.00
S 2,985.00
1
Next Day SLyW for above Aruba Year 1
1
$ 670.00
S 67010
Year 1
Professional Services Per SoW dated August 30
2010 except for QoS work
1
S 14 310.00
QoS work per SoW dated hmust 30 2010
1
$ 3,250.00
Imadne Technologies wtl provide a "a Software upgrade for each major scttware release
of IP 011lce
provkfing Btat Town of Avon has an Imo ne Technol
maintenance agreement in place. The software vAd be provided at no chame for the first 5250.00 at
the Avaya National Price List. This does not Inducts
Installation of the software. This Is a software um
rada for each IP Office afg2m.
IV IAW 1171.7 MUC
TOA Initials
1 33,398.501 17,560.001
i � HNOalES
�E
INSTALLATION SITE INFORMATION
End User Customer Legal Name: Town of Avon
DBA Name:
Project Contact: Cindy Kershaw Phone #: 970 -748 -4034 Email: dcershaw @avon.org
Shipping address: TBD, Ship phones to customer at 1 Lake St., Avon, CO 81620. Aruba & Avaya Control Unit to Imagine office
for Programming and Burn In
City: Avon State: CO ! ZIP Code: 81620
Billing Address: PO Box 975 Fax Number:
City: Avon — State: CO ZIP Code: 81620
Billing Contact Name: Scott Wright Billing phone number: 970 - 7484055 Riling contact email: swright@avon.org
Data Network Contact Name: Cindy Phone: same Email: same
Kershaw
Imagine AE: Bob Kadera Today's Date: August 30, 2010 T
_ arget Install Date: October, 2010
GENERAL PR07ECT iINFOR14ATION
Hiah Level desa9nti2n of solution mouirsmerds: Currently the Town of Avon, TOA, is wing a Tadiran phone system. The j
primary location, Town Hall has a local PRI T -1 from Qwest and Unified Messaging for Voice mails and faxes to appear in their
Outlook client. TOA has a second location called the Recreation Center and a third location called Public Works. Smaller single
user locations are the Parks Garage, Cabin, and Pump House.
The Tadiran solution is a TDM solution that is almost 12 years old. Due to the age of the system, spare parts and support are
becoming more difficult to obtain. E911 is not supported on the Tadiran solution.
The TOA will replace the Tadiran with an Avaya IP Office communications solution. This Communications Solution will include
Voice Over IP (VoIP) telephones, Call Recording, Meet- Me-Conferencing, Unified Messaging for voice mails and faxes to appear in
the Outlook client, Failover to the Recreation Center or Pubic Works, Mobile Twinning, Softphones, an Aruba wireless solution,
Wireless phones, Receptionist Softconsoles,and E911.
Imagine Technologies will provide a Communications Solution which includes hardware, software and Professional Services to
Implement the items in the Schedule Order Sumary(s) and as outlined in the SoW as well as the information gathered for TOA
during this process.
: Imagine Technologies will assign a Project Manager, PM, for this work. The PM will be the main point of
contact. Imagine will conduct a Kids Off call with TOA. The Kidk Off call will introduce the Imagine team and the TOA team. We
will review the SoW, Schedule A's, site visit dates, potential cut over dates and other pertinent information.
The Imagine PM will conduct at least one and not more than two site v1sh to review the environmental conditions, review how
i the system will be programmed, installed, end user requirements, training, and other information so we have a successful
project. DHCP Scope and requirements will be discussed at this time.
A PRI T-1 is in place for Town Hall. The signaling on this shall be NI -2. Existing analog trunks, up to a maximum of four (4)
shall be run through the systems at the Recreation Center and Public Works.
A cut sheet will be sent to TOA prior to the PM site visit so that during the site visit, details on how each user will be set up and
programmed can be reviewed. Overall system programming related to but not limited to Automated Attendant programming,
Department programming, User programming, Aruba wireless solution, paging, and overall system functionality will be discussed
and documented for Implementation. The cut sheets will form a basis for the communications solution system programming.
Applications such as Unified Messaging, Mobile Twinning, Softphones, Overhead paging, Call Recording, wireless phones, the
Aruba wireless solution and training will be reviewed and documented during the PM site visit(s). From this visit Imagine will
document how the solution will be designed and implemented.
This SoW assumes that all wire is in place and working for the type of device required. IP phones require CATS wire or better
connected to a POE data switch. Analog stations require CAT3 wire or better connected to the Avaya IP Office. The Aruba AP's
require CATS wire or better connected to the POE data switch.
Imagine Technologies will implement Quality of Service, QoS, on the TOA data switches and routers. This will include
implementing QoS on the Imagine Technologies provided Adbw Routers. This QoS work assumes that all the POE data switches
are in place and functioning prior to this QoS work beginning. The QoS work will include a conference call to gather
requirements and acquire or develop documentation that is needed for the QoS work. Imagine will Design a comprehensive QoS
strategy that provides preferential treatment of VoIP and video traffic at both Layer 2 and 3 throughout the entire LAN and WAN
networks. It will work in conjunction with the phone engineers to merge the QoS designs. For the actual QoS Implementation
we will work Onsite to setup and configurations of QoS for approximately 10 asw switches located throughout the town. We will
perform testing to show that the QoS strategy Is operational. Testing will be accomplished by the collection of traffic statistics on
the LAN and WAN pertaining to packet classification and traffic statistics for VoIP traffic A Transfer of knowledge to TOA IT
engineers will occur. Finally we will provide the necessary documentation to support TOA engineers in maintaining and
troubleshooting this Implementation.
I
After the QoS has been completed per above, Imagine will perform a Network Assessment as a further check to insure that QoS
has been properly implemented in your network. The Network Assessment will consist of simulated voice traffic at the call
volume and Codees agreed upon to simulate voice traffic across your network. A report will be provided showing MOS scores
and detailed performance. Once Imagine and TOA are in agreement that the network is ready for VoIP traffic we will install the
communications solution.
The IP Office and Aruba system will be programmed and burned in, in our Denver office. It will then be taken to TOA for
i installation. The equipment will be Installed and tested as much as possible prior to cut over.
Training for end users will occur prior to the art over date. A training area will be designated and set up for 10 —15 people.
Classes will be conducted so that each employee has the opportunity to be trained. It is the TOA responsibility for employees to
attend one of the training classes. Employees will be trained on how to use their phones, voice mail and the applications such as
Softphone or Mobile Twinning deployed to them.
p The employees using Soft Console and the wireless phones will have their own training class.
Administrator training will occur at the times and dates determined with TOA. This can also include a Train the trainer approach
to further enhance TOA use of the system. Any train the trainer will be in addition to the end user trainng described above.
E911 will be implemented via TEO Tone Commander 9145 with a PRI Interface. Sic (6) phone numners /DID numbers will be
registered by TOA with the PSAP to show the address of each location. The implementation will Include notification to TOA
employees of a 911 call. The details on who Is notified who will be determined with the Imagine PM.
The Avaya IP Office Solution will be cut over after hours during a weekday on a date and time agreed to by TOA & Imagine. We
will cut over all three locations In the same evening. This will require an out of service condition for a period of time. Once the
system is cut over it will be tested. A more detailed cut over plan can be provided after the PM site visit.
Imagine will program and Install an Aruba Wireless solution for the Town Hall. This will include three (3) Access Points, AP's,
The AP's will require CATS wire or better connected to a POE data switch. The wireless solution will be used for the wireless
phones, for Internal secure wireless access and for Guest access. Separate SSID's will be Implemented for the corresponding
access. The Imagine PM will review this solution with TOA so that it Is programmed and implemented as required by TOA.
Imagine will have a Help Desk for the day after the system cut over. Imagine will visit employee to make sure the phone is
functioning as required and the employees are familiar with how to use the solution. Further training and system programming
will be performed as needed. The Help Desk usually occurs for one day after cut over. When TOA and Imagine agree that the
system is functioning properly and the employees have been trained we will end the Help Desk.
A Job Completion from will be signed by TOA to document the system is working and operational. This usually occurs when the
Help Desk is ended. If there are any punch list items to complete these are documented on the Job Completion form. Once fm
Job Completion form is signed this will be begin a 30 day period where Imagine will make minor programming changes at no
charge. Once this 30 day period is over, minor programming changes will be billable. Major programming changes are billable.
STATEMENT OF WORK
IMAGINE TECHNOLOGIES WILL PERFORM THE FOLLOWING SERVICES AND ACTIVITIES DESCRIBED BELOW
WHILE INSTALLING THE HARDWARE AND SOFTWARE OUTLINED IN THE SCHEDULE A CONTRACT DOCUMENT.
THESE SERVICES, ACTIVITIES AND RESPONSIBILITIES CHARACTERIZE THE FULL SET OF INSTALLATION
DELIVERABLES FOR THIS PR03ECT AND THUS CONSTITUTES THE WORKING AGREEMENT BETWEEN IMAGINE
TECHNOLOGIES AND TOWN OF AVON.
Assumptions:
The following assumptions have been made about the client environment and the delivery of this solution:
1) Resources from other Imagine Technologies offices and /or subcontractors will be utilized, as needed, to provide a full
scope of technical expertise.
2) Imagine Technologies, Inc. is not responsible for the performance or quality of third party vendors.
3) Resources and staffing from client and Imagine Technologies, Inc. mist be committed for the duration of the project.
4) Specific equipment and software purchased will be listed in the Schedule A.
5) Dates and resources are not committed until the project kickoff meeting with the Project Manager.
6) Requests for support or services beyond this Scope of Work require written approval by client and acceptance by the
Imagine Technologies, Inc. Project Manager.
7) If existing paging equipment is to be reused with new system, Kest efforts will be made for integration of existing
paging into system. No guarantees are made regarding quality of sound or the ability to integrate, due to the variety
of equipment and potential age of hardware found in many client locations.
8) Engineering changes made by the client after project initiation may affect the agreed upon project schedule and will
require project review to determine Impact and schedule requirements. Additional charges may apply.
9) Delays to the project due to customer's environment not ready, delay in circuit delivery or cable plant installation could
impact both the project timeline and cost, depending on the availability of resources.
10) Imagine Technologies is not responsible for any loss of customer's data or network system security.
11) Imagine Technologies is not responsible for the performance or quality of any IP Phone connected to the IP Office
System that will be utilizing the Internet, VPN, or other remote connectivity. Imagine Technologies will install and test
IP Phones on the Local Area Network at the time of system installation. This scope of work does not Include the
installation of remote devices.
Client Responsibilities:
1) Provide the proper site environment as defined in the equipment room requirements document
2) Ensure that the work site and environment are safe and in compliance with all applicable local, state and federal laws.
3) Provide Imagine Technologies with reasonable access to and from all areas and systems affected by the performance
of tasks defined in this scope of work.
4) Ensure that a suitable workspace and phone access Is available to Imagine Technologies during the project Installation.
5) Provide the appropriate remote access to all servers during the Installation and after cutover for maintenance support.
For Imagine warranty (maintenance customers, this is normally accomplished through the business Internet connection
and remote access software. For Avaya maintenance accounts, a dedicated modem line or VPN account on the
customer provided VPN will be required.
6) Provide any /all customer provided equlpment, servers, software and hardware within Avaya specification and within the
appropriate project timeline.
7) Ensure that all network that Imagine Technologies, Inc. is not installing, i.e., data switches, routers, VPN concentrators,
CSU/DSU, network circuits Is in place and tested prior to network readiness assessment besting and commencement of
installation activities.
8) Provide the necessary static IP addresses and Ethernet ports for any server connections to the customer local area
network.
9) In some cases, it will be necessary for the client to support DHCP/TFTP services from the client's existing network
resources.
10) Ensure that circuits have been extended into the proper place in the server /equipment room.
11) Assign a Client Project Manager who will be responsible for coordination with Client employees regarding the setup of
user training classes, determining design of system and overall management of the client environment necessary for a
successful Implementation.
12) Provide training area for telephone set/voice mail user training and a location for administration training.
13) In the case of customer provided cabling make sure all cabling is in place prior to the Imagine's team arriving on onsite
and provide cable records Indicating the cable number, jack number and a ton number associated with each
location. Any additional wiring required beyond the work described in this scope of work will be billable.
14) Provide a marked flow plan with the location of each extension to be installed.
Imagine Responsibilities:
1) Assign a Project Manager with overall responsibility to work with client designated project manager
to plan, coordinate, and pursue a coordinated implementation effort In support of the technology deployment
Described by this Statement of Work.
2) A site survey will be performed to insure site readiness.
3) Imagine resources will work with the client to design all applications and services described within this scope. This
design will be documented for customer sign -off prior to configuration of equipment
4) Imagine resources will stage, configure and test this equipment in our staging facility prior to shipment to customer
location.
5) Imagine Technologies will install and conned all equipment listed on the associated Schedule A.
6) Imagine Technologies will install and test all public network facilities (T -1, analog lines) as described within this scope
and work with the client's network provider for the successful delivery of these facilities.
7) Imagine Technologies will place, label and test all handsets as outlined below based on customer provided floor plans.
8) Imagine Technologies will document the configuration of the equipment, as listed in the schedule A and review all
documentation with the client
9) Imagine resources will be available for first day of service after cutover for a period of 4 hours onsite.
10) Imagine Technologies will provide end user and administration training as documented below.
11) Imagine Technologies will provide free minor remote changes to the system for a period of 30 days after system
cutover.
BASIC SYSTEM INFORMATION
Project Type (new, upgrade, addition, or System Type: Avaya IP Office V2 R6.x PSTN type: PRI T -1
move):New
Number of digital endpoints: None Number of Analog stations: See New or Existing Wire (who is providing if
above SoW new and include extension of dimarc):
6dsdng
Describe any phasing requirements (applications to be installed later, multi -site installation with some sites later, etc.): There are
3 locations as part of the Small Community Network, SCN. This is currently envisioned as cutting all locations the same evening
during the week as per the above SoW.
IP PHONES AND DATA NETWORK INFORMATION
j Number of IP Phones on same LAN as
j sysbem: 108
Number of IP Softphones on same IAN Number of IP Endpoints (phones) for
p as system: 60 l remote users: None
Number of IP Softphones for remote users: How many IP phones will Imagine install How many IP Softphones will Imagine
None as part of this project: All install as part of this project: TBD
Customer provided Softphone workstation Who is responsible for configuring QoS How will the customer power their IP i
requirements: No on customer LAN/WAN? Imagine per phones: All PoE switches
SoW above
Is the client aware of the network What is the WAN type for remote i Number of VPN phones to be installed:
assessment requirements: No locations ( Frame Relay, PTP, MPLS, f None
j VPN over the Internet): PTP and fiber
r Customer existing data switch type andCustomer
Router type, software version
Who is responsible for programming
software version: Separate document
and amount of memory: New
the VPN: TOA
when requested TOA.
APPLICATIONS
Voice Mail Type: VM Pro, Preferred Edition
Who is providing Server: Imagine
Server requirements given to client:
Software
who is providing? Rack, TOA Provided
No
Number of AubD Attendants: TBD
UMS: Yes, see above
How many workstations will Imagine
cusWmers LAN — where is data telephone equipment to the data
TBD
Implement as part of the project: TBD
Recording on Voice Mail: TOA
Will this be a Centralized voice mail for
Conference bridge setup with PINS
CATS for VoIP. CAT3 for analog stations. and grounding requirements
other locations: Yes
(how many will Imagine Implement):
handout provided): No
TBD 10 - 20
Soft console licenses to be installed: 4
Phone Manager Lite or Pro: N/A
How many workstations will Imagine
number: Cindy is contact
Install the software on: N/A
Avaya maintenance CLIENT MUST SUPPLY either VPN access or dedicated dial -up
provide type of remote access provided to
FAX SERVER INTEGRATION
equipment for help desk support: Internet
Fax Server Type & Number of Ports: 4 ports
Integration Type: Analog stations
Separate DID for Fax: Yes
ADDITIONAL EQUIPMENT VIMRATION
Spectralink handsets: Wireless handsets
Wireless (802.11): Yes, New Aruba from Imagine
Paging (new or existing — give amp type): Reuse existing. Number of external paging zones: 1 per Amp
Model TBD connects via analog trunk ports I
Other.
ADDITIONAL SERVICES
End User Training (number of users and any special Administration training (number of users and any special
requirements — standard offer is 1 class for every 1S users requirements — standard offer is 1 administrator 3 hours):
during normal business hours held consecutively): Yes, will Imagine to perform 8 hours of Administrator training during
need to determine and set up a training room, cases, times Installation process for 2 — 4 Administrators. Imagine to perform
etc. to train all 100+ employees. Will need Softconsole, UMS, a Web Ex type follow-up training 1— 2 months after installation
Twinning and Softphone instruction.
when requested TOA.
EQUIPMENT ROOM INFORMATION
How, will equipment be mounted? If rack,
Who is providing patch panels and patch Vertical or Horizontal wire mgmt
who is providing? Rack, TOA Provided
cables and how many: TOA required: TBD
If existing wire, will equipment be greater
The system will need connectivity to the Does wiring exist to connect the
than 10 cable feet from the current system?
cusWmers LAN — where is data telephone equipment to the data
TBD
equipment? Same room as IP Office network? TBD
Site survey performed by Imagine Services:
Type of wire (CATS, CATS /Se, CAT6): Is the customer aware of power
We will need to do this as part of the SoW
CATS for VoIP. CAT3 for analog stations. and grounding requirements
(environmental specification
handout provided): No
Any IDF closets: Yes
Customer wiring contractor name: TOA Customer contractor phone
number: Cindy is contact
Imagine warranty or maintenance Please
Avaya maintenance CLIENT MUST SUPPLY either VPN access or dedicated dial -up
provide type of remote access provided to
number — which will the Customer be providing: Imagine PWM
equipment for help desk support: Internet
CARRIER SERVICES INFORMATION
Carrier Name: Qwest today
New Carrier Services: Possibly, still evaluating options as of SoW date Carrier Contact:
Carrier Phone #: Email: Date of Delivery:
Type of Service: Dimarc extended by SP or Imagine:
ADDITIONAL SITE(S) INFORMATION
Site Name
*2:Recreatlon Center
Site Address: 90 Lake St. (I}y: Ate,
. r. r ••
Site contact phone: Same
System Type: IP Office
Zip Code: 81620
Email: Same
PSTN Type: Analog trunks, T -1 from
Town Hall
Site contact: Same
Equipment Type:
I WAN connection type (if SCN):Fiber via
LAN
# of Digital endpoints: None
# of IP endpoints: 24, in count above Number of analog devices: 5
Wire new or existing: Existing
Applications at this remote site: Same as Town Hall
Site Name
#3: Public Works
Site Address: 500 Swift Gulch Rd
— City: Avon
State: CO
Zip Code: 81620 Site contact: Same
Site contact phone: same
Email: same Equipment Type:
System Type: IP Office
PSTN Type: Analog trunks, TS- from WAN connection type (if SCN): PTP &
Town Hall Routers
# of Digital endpoints: None
# of IP endpoints: 22 Number of analog devices: 12
Wire new or existing: Existing
Applications at this remote site: Same as Town Hall
ADDITIONAL NOTES
IMAGINE TECHNOLOGIES, INC. APPRECIATES YOUR BUSINESS AND WE LOOK FORWARD TO PARTNERING WITH I
YOU ON THE SUCCESSFUL IMPLEMENTATION
OF YOUR NEW COMMUNICATIONS SOLUTION.
SIGNATURE BELOW CONSTITUTES
AGREEMENT THAT THE ABOVE SERVICES AND ACTIVITIES FULLY DESCRIBE
THE PROTECT DELIVERABLES AND
WORKING AGREEMENT BETWEEN TOWN OF AVON AND IMAGINE
TECHNOLOGIES.
Acknowledged by Scott Wright
Acknowledged by Mike Malone
Scott Wright
alent Signature
Date Imagine Technologies, Inc. Date
Imagine Technologies Schedule B Maintenance Agreement
Bump Yow&am 7hnouph CoarnmicaUmw
Remittance Address. P.O. Box 4993 Account Executive Bob Kadera
Englewood, CO 80155 303 350 2409
Billing Inquires: 720- 200 -6700 - Prompt 6 Date 911/2010
Customer Billing Address: Cindy Kershaw Installation Address: Ondy Kershaw
Town of Awn Town of Avon
PO Box 975 Town Hall . One Lake SL
Avon, CO 81620 Avon, CO 81620
970 - 748 -4034 970-748 -4034
Servkfle Commencement Date
Coverage option:
UPON WARRANTY EXPIRATION
11P Office 8X5 Maley - Pridap svAb* servers, modrde* tbermitN& remote A omPoe
QUANTITY PORTS Description i � � or Una Told
1
IPO IP500 V2 CNTRL UNIT
48 MONTHLY T
48 MONTHLY ;
48 MONTHLY $
48 MONTHLY $
48 MONTHLY $
48 MONTHLY ;
48 MONTHLY ;
48 MONTHLY $
48 MONTHLY $
48 MONTHLY $
48 MONTHLY $
48 MONTHLY $
48 MONTHLY $
48 MONTHLY $
48 MONTHLY $
48 MONTHLY ;
48 MONTHLY ;
48 MONTHLY ;
48 MONTHLY $
48 MONTHLY $
48 MONTHLY $
48 MONTHLY $
48 MONTHLY $
48 MONTHLY ;
48 MONTHLY $
48 MONTHLY ;
48 MONTHLY ;
48 MONTHLY ;
1
IPO IP500 V2 SYS SD CARD MUL
1
IPO IP500 EXT CARD PHONE 2
2
IPO IP500 EXTN CARD PHONE 8
1
IPO IP500 MC VCM 32
1
IPO IP500 TRNK PRI UNVRSL SNGL
1
IPO IP500 EXP MOD PHONE 16
1
IPO DVD R6 USER/ADMIN SET
2
IPO LIC IP500 T1 ADD 8CH
1
IPO LIC PREFRD (VM PRO) RFA LIC:I
1
IPO LIC VM PRO RFA 2 LIC:CU
1
IPO LIC VM PRO RFA 4 LIC:CU
2
IPO LIC VMPRO UMS 20 USER
2
IPO LIC R6 AV IP ENDPOINT 20
6
IPO LIC IP500 VCE NTWKG ADD 4 LI
4
IPO LIC RECEPTIONIST RFA 1 LIC:CI
3
IPO LIC R6 PWR USER 20
4
AWTS 3645 WRLS PHONE
1
AWTS NETLINKAVPP 10 RHS
54
IP PHONE 9630G GRY 963OGD01A
15
IP PHONE 9640 GRY 964OD01A
3
9600 SBM24 BUTTON MOD GRY
2
AVAYA IP OFFICE Power Lead
2
AVAYA IPO 500 RACK MTG KIT
3
AV 115101 IP PHONE POWER WCAT 5
3
AVAYA 115010 PWR CORD
4
AVAYA 3641/3645 Std Battery
4
AVAYA 3641/3645 Charger Paver Sply
1 AVAYA AVPP POWER SPLY N.A.
1 MULTITECH FAX SERVER
Customer signature below Indicates customer has read and agrees to the Terms
and Conditions of the applicable agreement
IMAGINE TECHNOLOGIES HELP DESK — 888- 955 -4455 or si
Customer S7pnature
Pdnt AUdVYzed Name:
AUBrorized *nature:
Cafe:
48 MONTHLY $
_ 48 MONTHLY $
MONTHLY PRICE 295.00
upportChnaginetechinc.com
Imagine Technologies, Inc.
PdhWAccepted Name:
Army WSlpnatiue:
gate:
Imagine Technologies
Remittance Address: P.O. Box 4993
Englewood, CO 80155
Billing Inquires: 720 - 200-6700 - Prompt 6
Schedule B Maintenance Agreement
Account Executive Bob Kadera
303 - 350 -2409
Date 912010
Customer Billing Address:
Cindy Kershaw Installation Address:
Cindy Kershaw
Town of Awn
Town of Awn
PO Box 975
Public Works - 0500 Swift Gulch Rd.
Avon, CO 81620
Awn, CO 81620
970 - 748-4034
970-748-034
9ervloe Conuneirwenn t Dale
Coverage Gptknu:
UPON WARRANTY EXPIRATION
I IP O fke On Monday - Frfday owfWr , servers, modules, tanerinals resole a onsite
QUANTITY
PORTS Desalption
Tenn
Monftly or
Una ToWl
(months)
Prepaid
1
IPO IP500 V2 CNTRL UNIT
48
MONTHLY
$
1
IPO IP500 V2 SYS SD CARD MUL
48
MONTHLY
$
2
IPO IP500 EXTN CARD PHONE 8
48
MONTHLY
$
1
IPO IP500 MC VCM 32
48
MONTHLY
$
1
IPO IP500 TRNK ANLG 4 UNI
48
MONTHLY
$
4
IPO LIC R6 AV IP ENDPOINT 1
48
MONTHLY
$
2
IPO LIC R6 AV IP ENDPOINT 5
48
MONTHLY
$
3
IPO LIC IP500 VCE NTWKG ADD 4 LIC:CU
48
MONTHLY
$
17
IP PHONE 963OG GRY 9630GDOIA
48
MONTHLY
$
5
IP PHONE 9640 GRY 964OD01A
48
MONTHLY
$
1
1AVAYA
AVAYA IP OFFICE POWER Lead
48
MONTHLY
$
1
IPO 500 RACK MOUNTING KR
48
MONTHLY
$
f
f -
S -
f -
f -
f -
f -
s -
S -
Customer signature below Indicates customer has read and agrees to the Terms MONTHLY PRICE 155.00
and Conditions of the applicable agreement.
IMAGINE TECHNOLOGIES HELP DESK — 888-955 -4455 or support®hmaglnetec s1mcoin
CustomerSignatum Imagine Technologies, Inc.
PYW Autt"ft -d Name: P1latedAm4Ved Nxw.
AVffi& Cod SVWftue.
Date.
AaWWS& -tune.
Date.
Imagine Technologies
&/#&rg Your sWeew Through ammulwat rs
Remittance Address: P.O. Box 4993
Englewood, CO 80155
Billing Inquires: 720 - 200-6700 - Prompt 6
Schedule B Maintenance Agreement
Account Execvtive Bob Kadera
303 350 2409
Date 912010
Customer Billing Address:
Cindy Kershaw Instabdon Address:
Cindy Kershaw
Town of Awn
Town of Avon
PO Box 975
Recreation Center
- 90 Lake St.
Awn, CO 81620
Avon, CO 81620
970-748-034
970- 748.4034
Service Commencement Dame I Coverage Options:
UPON WARRANTY EXPIRATION JIP Office 8X3 Monday - Friday swft k serves, modules, terminals rename A onalte
QUANTITY
PORTS Desaiptim
Tarm
MOntldy Or
Line Tafel
(months)
Prepam
1
IPO IP500 V2 CNTRL UNIT
48
MONTHLY
;
1
IPO IP500 V2 SYS SD CARD MUL
48
MONTHLY
;
1
IPO IP500 EXTN CARD PHONE 8
48
MONTHLY
;
1
IPO IP500 MC VCM 32
48
MONTHLY
;
1
IPO IP500 TRNKANLG 4 UNI
48
MONTHLY
;
2
IPO LIC R6 AV IP ENDPOINT 1
48
MONTHLY
;
2
IPO LIC R6 AV IP ENDPOINT 5
48
MONTHLY
;
3
IPO LIC 112500 VCE NTWKG ADD 4 UC:CU
48
MONTHLY
;
17
IP PHONE 9630G GRY 9630GD01A
48
MONTHLY
;
7
IP PHONE 9640 GRY 9640DOIA
48
MONTHLY
;
1
AVAYA IP OFFICE Power Lead (Earthed) US
48
MONTHLY
;
1
JAVAYA IPO SW RACK MOUNTING KIT
48
MONTHLY
;
i
S -
_
s -
i -
S
i -
S -
S -
i -
S -
s -
s
s -
s -
Customer signature below indicates customer has read and agrees to the Terms MONTHLY PRICE 140.00
and Conditions of the applicable agreernenL
IMAGINE TECHNOLOGIES HELP DESK — 888 -933 -4433 or supportOimaglnebeehine.com
CustormwSignatare Imagine Technologies, Inc.
PdWAubtated Name: Pitted Accepted Name:
Audrorized .Slgnatuie-
Date:
Aoaepted54vratme:
Dale:
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Assistant Town Manager Management Services
Date: September 9, 2010
Re: Budget 2011: Personnel Summary & General Government Programs Update
Summary:
A presentation will be made that shows budget highlights for personnel and General Government programs
in the 2011 budget.
Discussion:
The presentation will include information related to some of the following topics:
✓ Review of Avon's staffing Summary
✓ Summary of Human Resources Cost Reduction Programs, Implications & Impacts
✓ Projected Personnel 2011 & beyond
✓ 2011 Human Resources Budget Highlights
✓ Overview of Goals & Accomplishments in General Government Programs: Human Resources, Town
Clerk, Municipal Court, Risk Management, and Community Relations
Town Manager Comments:
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attomey
Approved By: Patty McKenny, Assistant Town Manager /Administrative
From: Jennifer Strehler, Director of Public Works
Date: September 14, 2010
Re: Eagle River Watershed Council Funding Request
Summary
The Eagle River Watershed Council (ERWC) is appearing before the Council to inform them about their
Water Quality program, and to obtain Council input as what they would like to see in this program.
ERWC will be inviting the Town of Avon to participate with other stakeholders in this program and will be
requesting funding for FY2011. Kirby Wynn, ERWC's Water Quality Program Director, and Melissa
Macdonald, Executive Director of ERWC, will offer a presentation about the program, including sources
and uses of funding.
Previous Council Actions
The Town of Avon has provided funding to ERWC for administrative costs and field activities each year
since 2003 at a level varying from $1,000 to $15,000. Funded field efforts have included Community
Pride Highway and Eagle River Clean Up. Prior to 2010, funds were allocated from the General Fund; in
2010 funds to ERWC were allocated from the Town's Water Fund.
July 28, 2009 - Ray Merry (Eagle County Department of Health) and David Brown (United States
Geological Service) made a presentation to Avon Town Council requesting $6,000 in funding FY2010
for water quality studies to be conducted by the USGS and with oversight and administration by the
Eagle River Water and Sanitation District ( ERWSD).
October 20, 2009 (Budget Retreat for FY2010) - Town Council approved award of $6,000 of a $11,000
request to the ERWC for administrative assistance and river clean -up activities. Town Council denied
the request for another $6,000 to ERWSD to fund the USGS long -term monitoring study. The second
request was denied because of budgetary constraints and because Town Council was concerned that
the USGS study design did not include sufficient information within the Avon town limits or in proximity to
the Avon Wastewater Plant discharge.
Upcoming Council Actions
The next Town Council work session on 9/28/2010 includes a presentation from the ERWSD. This
upcoming presentation will describe the results of nutrient and macro-invertebrate sampling performed
by ERWSD at several locations on Gore Creek and the Eagle River.
Page 1 of 9
Background
There are several agencies and entities who are involved in water quality issues for the Eagle River
watershed. A list of entities and brief description of the role of each is provided for the Council's
reference in Attachment 1.
ERWC was founded in 1996 as a recommended action in the "Eagle River Watershed Plan" (1996).
The primary purpose of this organization is to advocate for the health and conservation of the Upper
Colorado and Eagle River basins through research, education and projects and to provide a forum
where everyone can gain a greater understanding of the Eagle River environment. ERWC became a
non - profit 501 (C) (3) corporation in 2004. ERWC derives its funding through grants from numerous
federal, state and local donors as well as local foundations, corporations and individuals.
The Town of Avon leases its water assets to the Upper Eagle Regional Water Authority ( UERWA), who
operates and maintains this infrastructure. Up until recently, the UERWA and the ERWSD together paid
for a Water Quality & Regulations Manager position (Carolyn Byus) from their revenues derived from
water and sewer rates. ERWSD has not replaced that position after Carolyn Byus left earlier this year to
pursue other opportunities. Related to this personnel change, was a shift in management and oversight
of the USGS monitoring from the ERWSD to the ERWC.
Discussion
Water quality and quantity is an important subject to residents and visitors to Eagle County. It influences
our drinking water, effects recreational uses such as fishing, rafting, and kayaking; acts as source water
for snowmaking; and enhances overall community aesthetics. So it is no surprise that there are many
groups conducting a variety of different studies of the physical, chemical, and biological properties of the
Eagle River system. The challenge is to gather all of the available information, evaluate it, make it
available to the public, and communicate what it means.
Within their mission, ERWC has expanded its role in Eagle County to coordinating the many groups who
are monitoring our watershed to establish comparable, efficient and coordinated study designs, gather
data emanating from these studies and create meaning in a way that is valuable to stakeholders. The
addition of Kirby Wynn as ERWC's new Water Program Director and financial support from regional
stakeholders (Table 1) allows the ERWC to take of the water quality data management and coordination
challenge. Kirby Wynn brings to the ERWC and this new position an extensive background with Eagle
River watershed water and ecological resource assessments and stakeholder engagement since 1995.
He has a depth of technical experience and over 20 years of experience working for USGS. He has
designed or conducted numerous local studies.' Central to his ongoing role has been proactively
engaging and collaborating with the many water stakeholders.
Financial support specifically for the Eagle River Monitoring and Assessment Program will allow ERWC
to provide the following services to the Town and the other partnering stakeholders:
• Lead water quality /quantity education and awareness efforts on behalf of stakeholders.
• Become a central resource for local water stakeholders by developing and maintaining a
collaborative presence through informal discussions, participation in workshops, public- outreach
sessions, council and board meetings, rule making hearings, and other venues.
' Relevant studies authored or co-authored by lgrby Wynn include: "Gore Creek Watershed Assessment of Water Quantity, Qualm); and Aquatic
Ecology," "Fish Community Assessment of Gore Creek," "Assessment of Historical and Current Surface Water Quantity and Quality of the Eagle
River Watershed (in press), " "Macroinvertebrate and Algal Community Assessment of the Eagle River Watershed," `Probabildy of Contamination
Assessment of the Eagle River Watershed Valley Fill Aquifer".
Page 2 of 9
• Lead the local water stakeholder communication and coordination for ongoing water monitoring,
assessment, and mitigation partnerships.
• Facilitate timely discussions to refine monitoring approaches and ensure programs are adapted
to meet changing stakeholder needs.
• Gather and assess the data from the many active sampling programs.
• Develop and present a water quality monitoring `report card' that describes what we have
learned about conditions in the previous year.
• Review and synthesize monitoring data and studies into summaries useful for water and land
managers, planners, boards /councils, and the community.
• Put monitoring program results to work by engaging stakeholders about recommended actions
and collaboration opportunities that could serve to protect or improve water quality.
To be effective, ERWC requires a reasonably predictable level of funding. ERWC is requesting a total of
$19,000 from the Town of Avon in 2011. These funds would be allocated approximately as shown
below:
Riverclean-
up, $1,000,
Water r �l �r , i ERWC
Program
Director, �y, Admin /Ops,
' } + $5,000, 27%
$6,500,34 w ! ,'� `
;r11 �y
USGS Study,
$6,500,34%
In 2010, Avon funded the ERWC's river clean -up and general operating expenses at a $6,000 level.
This 2011 request includes an additional $13,000 to support the Water Program Director position
($6,500) and to contribute to the USGS study effort ($6,500). These two budget items combined are
referred to by the ERWC as the "Eagle River Monitoring and Assessment Program ". ERWC staff will
focus this work session presentation on this portion of their overall budget.
Sources of funding for ERWC's 2010 Eagle River Monitoring and Assessment Program is shown in
Table 1. Proposed funding sources for 2011 are listed in Table 2. The increase from 2010 to 2011 is
partially due to the new Water Program Director. This position is vital to provide timely evaluation of
data from many sources (including USGS, USFS, ERWSD, CDPHE, CDOW, Eagle Mine Cleanup,
etc.), interpretation of data, public communications, and expanded educational outreach.
ERWC staff have indicated that there are sampling stations within the Avon town limits on the Eagle
River for which data will be compiled by ERWC and made publically available. During the work session
presentation, Kirby can explain where these stations are physically located, the type of sampling that will
be done, who is doing the sampling, and how frequently such samples are taken. This information may
better address the Town's previous concerns regarding the quality, quantity, and availability of data
obtained from earlier studies for the stretch of the Eagle River within Avon.
Page 3 of 9
In considering this funding request, the Town Council may wish to consider the potential benefits of
having the Water Quality Director position directly funded by the ERWC with respect to regional
objectivity and ease of public access to information. There is a similar advantage of having ERWC
manage the USGS monitoring program and act as coordinator and technical advisor for the many other
sampling programs underway. This role will assist in getting comparative results that can be
communicated to the public in a timely manner. Avon's financial participation in the monitoring studies
would also better allow the Town to influence study design and long -term goals and objectives.
Town Council should be aware of several important upcoming activities which will have public policy
implications and could also impact town operations. Upcoming water quality issues for the Eagle River
and its tributaries include:
• Renewal of NPDES permits for Vail, Avon, and Edwards WWTPs by CDPHE
• USGS water quality trends monitoring
• Eagle River Watershed Plan update
• Basin -wide studies by CDPHE
• Setting of stream nutrient criteria by the state WQCC
• Storm Water (NPDES -II) Permitting
ERWC expects to play a role in many of these activities. ERWC asks that regional partners look to them
for regional facilitation and technical assistance both to aid understanding of water issues and to build
consensus among stakeholders during key water resource planning and regulatory processes. Such
involvement may be helpful to resolve potential differences which may arise between jurisdictional
groups.
Financial Implications: If Town Council elects to fund the ERWC all or in part for FY2011, such
funding would probably have to be derived from fund balance in the Water Fund. At present, $6,000
has been included in the draft FY2011 budget.
Recommendation: Staff encourages Town Council to ask questions of the presenters about the
ERWC's expanding organizational structure and their expected larger role in upcoming water quality
issues. Staff recommends funding at a level commensurate with the extent of involvement and
leadership expected from the ERWC in the near future and consistent with the Town's budget
constraints. The Town Council may also wish to encourage ERWC to obtain financial participation from
other neighboring communities and metro districts as well.
Town Manager Comm
Page 4 of 9
Table 1. Eagle River Watershed Council 2010 Funding Partnership for the Eagle River
Monitoring and Assessment Program
$165,500
Table 2. Eagle River Watershed Council 2011 Proposed Funding Partnership for the Eagle River
Monitoring and Assessment Program
Percent
Donated
of Total
Amount
Funding
Agency /Organization
$20,000
12%
Upper Eagle Regional Water Authority
$20,000
12%
Eagle River Water and Sanitation District
$20,000
12%
Eagle County
$10,000
6%
Eagle River Watershed Council
$9,000
5%
Vail Resorts Mgmt. Co.
$13,000
8%
Town of Vail
$6,500
4%
Homestake Partners (Aurora and Colorado Springs)
$6,500
4%
Colorado River Water Conservation District
$6,500
4%
Town of Gypsum
$6,500
4`Yo
Town of Eagle
$6,500
4%
Denver Water
$41,000
25%
U.S. Geological Survey
$165,500
Table 2. Eagle River Watershed Council 2011 Proposed Funding Partnership for the Eagle River
Monitoring and Assessment Program
$215,000
30% Net change from 2010
Page 5 of 9
Percent
Donated
of Total
Amount
Funding
Agency /Organization
$25,000
12%
Upper Eagle Regional Water Authority
$25,000
12%
Eagle River Water and Sanitation District
$20,000
9%
Eagle County
$10,000
5%
Eagle River Watershed Council
$9,000
4%
Vail Resorts Mgmt. Co.
$13,000
6%
Town of Vail
$13,000
6%
Homestake Partners (Aurora and Colorado Springs)
$9,000
4%
Colorado River Water Conservation District
$9,000
4%
Town of Gypsum
$9,000
4%
Town of Eagle
$9,000
4%
Denver Water
$41,000
19%
U.S. Geological Survey
$13,000
6%
Town of Avon
$9,000
4%
Crave Real Estate
$1,000
0%
Town of Minturn
$215,000
30% Net change from 2010
Page 5 of 9
STAKEHOLDERS AND OVERSIGHT
CDPHE - The Colorado Department of Public Health and Environment sets the discharge parameters and review
monthly performance reports for point discharges, including as sewage treatment plants. Such plants operate
under a NPDES (National Pollutant Discharge Elimination System) permit issued by CDPHE. They facilitate basin -
wide studies in a regional forum when new regulations are proposed. Conducts river water quality and biological
sampling.
CRWCD - The Colorado River District is the principal water policy and planning agency for the Colorado River Basin
within the State of Colorado. The River District is responsible for the conservation, use, protection, and
development of Colorado's apportionment of the Colorado River. The River District provides legal, technical, and
political representation regarding Colorado River issues for our constituents.
CWQCC - The State of Colorado Water Quality Control Commission is the regulatory body that evaluates surface
water quality, sets allowable criteria, and regulatory limits for rivers, lakes, and streams.
ECDEH —The Eagle County Department of Environmental Health oversees septic system inspection program.
They also support monitoring and assessment programs to help determine what actions are necessary
to maintain or improve our water quality.
EPA — The Environmental Protection Agency administers the Clean Water Act of 1977 on waters with federal
jurisdiction and makes sure that the state agencies provide sufficient and timely regulation on specific drainage
basins. They make recommendations for maximum allowable concentrations of key pollutants into surface
water. They also administer the biosolids disposal program permits and industrial discharge monitoring program.
ERWC —The Eagle River Watershed Council advocates for the health and conservation of the Eagle and Upper
Colorado River basins through research, education and projects throughout Eagle County. Example projects
include: traction sand removal project (from Black Gore Creek), monitoring below the Eagle Mine Superfund site,
explanation of technical information to the public (e.g., WaterWise Wednesdays), river and fish habitat
restoration in Edwards, restoration of USFS campsites along upper tributaries, assembly of a county -wide
watershed management plan, USGS monitoring oversight, public outreach to improve understanding of water
quality and related management practices.
ERWSD— Operates 3 sewage treatment plants in eastern Eagle County (Vail, Avon, Edwards). Encourages water
conservation via tiered water pricing policy. Makes decisions about where to locate treatment facilities in
response to new development applications and how to improve /expand existing conveyance and treatment
infrastructure. Conducts effluent sampling and river water quality and biological sampling.
Local Governments —Set and enforce rules regarding storm water management, street /building drainage,
wetland protection, irrigation, and land use. Land use decisions by one local government (e.g., new development
projects) can have important implications to communities throughout the watershed (e.g., water rights, potable
water treatment and delivery system infrastructure, and wastewater collection and treatment system
infrastructure, water and sewer rates).
NWCOG - The Northwest Council of Governments has a "Water Quality and Quantity Committee" (QQ) which
includes towns, counties, and water and sanitation districts in the Headwaters Region of Colorado. Its purpose is
to enable members to protect and enhance the quality of the region's waters, while facilitating the responsible
use of those resources for the good of Colorado's citizens and environment. QQ monitors water development
Page 6 of 9
activities and legislative initiatives that affect water quality or quantity in the basin of origin. The QQ Committee
meetings provide a forum for members to formulate policies and strategies, and make decisions. The QQ staff
provides members with legislative, informational, coordination, supportive and technical assistance to further
intergovernmental cooperation and increase members' political clout with state and federal agencies.
USGS — Conducts long -term monitoring focusing on flow quantity and physical - chemical parameters. Publishes
reports and manages the data repository located at: http://rmgsc.cr.usgs.gov/cwqdr/default.aspx?project=Eagle
Page 7 of 9
ATTACHMENT FROM THE EAGLE RIVER WATERHSHED COUNCIL
EAGLE RIVER WATERSHED MONITORING AND ASSESSMENT PARTNERSHIP
Hi Patty,
Thank you for your interest in the Eagle River Watershed Monitoring and Assessment Partnership. Melissa did a
fantastic job of describing this complex partnership and array of activities that it supports. I will try to address the
several questions you posed to Melissa yesterday and would be happy to discuss further as needed so that you
may consider how and when you would like us to engage town staff and the Town Council. First a bit of
clarification ... Actually there is a single program with several components but not a distinct Part I and II with
separate partner support of each. The entire program is under the umbrella (management) of the Watershed
Council. All the partners participate in and support the complete program.
Over the years (since 1998) the Partnership's scope of work has included a wide array of water quality and stream
ecology monitoring and assessment, stakeholder engagement, and watershed planning activities. The same is
true for 2010 and 2011. In 2010, local partner contributions ranged from $6,000 to $20,000 and the U.S.
Geological Survey provided $41,000. In 2011 the proposed local partnership levels range from $9,000 to $25,000.
Briefly, in 2010 the partnership is supporting the following activities:
• Stream water - quality and macroinvertebrate monitoring at 10 sites throughout
the watershed, including just below "Bob" bridge in Avon.
• Assessment of the most recent 2 -years of monitoring results into an annual 'report card' that will
describe what we are learning about stream conditions.
• Stakeholder engagement and educational outreach to the community on water - quality issues
including technical assistance for: 1 -70 sediment loading to Black Gore and Gore Creeks, nutrient
sources and effects, Eagle Mine, and other topics as requested by program partners.
• Co- authorship of the State of the Rivers report and Watershed Plan update.
• Development of a multi -year Monitoring and Assessment Plan to guide and prioritize the long -term
activities.
During 2011 the partnership will support the above plus an expanded scope of work to include assessment of a
broader collection of data from the many agencies with active monitoring programs; characterization of the key
stressors that affect water - quality; and, building project partnerships to address identified water - quality
problems. The Watershed Council understands the vested interest the Town of Avon has in understanding and
preserving water quality and stream ecology of the Eagle River and would appreciate the opportunity to meet
with Town staff and the Town Council to discuss our program and invite Avon to join our partnership that is
defining and addressing water - quality issues of importance to all stakeholders.
Again thank you for your interest in our program an let me know if you need additional information in advance of
a meeting with Town staff or the Town Council. Please see attached program funding summary.
Kirby Wynn, Water Program Director, Eagle River Watershed Council
kirby@kirbywynn.com
(970) 250 -2200
Page 8 of 9
ATTACHMENT FROM THE EAGLE RIVER WATERHSHED COUNCIL
EAGLE RIVER WATERSHED MONITORING AND ASSESSMENT PARTNERSHIP
2010 Firm funding for the Eagle River Monitoring and Assessment Program
$20,000
Upper Eagle Regional Water Authority
$20,000
Eagle River Water and Sanitation District
$20,000
Eagle County
$10,000
Eagle River Watershed Council
$9,000
Vail Resorts Mgmt. Co.
$13,000
Town of Vail
$6,500
Homestake Partners (Aurora and Colorado Springs)
$6,500
Colorado River Water Conservation District
$6,500
Town of Gypsum
$6,500
Town of Eagle
$6,500
Denver Water
$41,000
U.S. Geological Surrey
2011 Proposed funding for the Eagle River Monitoring and Assessment Program (to be finalized
$25,000
Upper Eagle Regional Water Authority
$25,000
Eagle River Water and Sanitation District
$20,000
Eagle County
$10,000
Eagle River Watershed Council
$9,000
Vail Resorts Mgmt. Co.
$13,000
Town of Vail
$13,000
Homestake Partners (Aurora and Colorado Springs)
$9,000
Colorado River Water Conservation District
$9,000
Town of Gypsum
$9,000
Town of Eagle
$9,000
Denver Water
$41,000
U.S. Geological Survey
Proposed new partners the Watershed Council will approach
$13,000
Town of Avon
$9,000
Crave Real Estate
$1,000
Town of Minturn
Page 9 of 9
Memo
Irk
To: Honorable Mayor and Town Council
7h= Larry Brooks, Town Manager
Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. is�
From: Justin Hildreth P.E., Town Engineer
Shane Pegram P.E., Project Engineer
Date: September 22, 2010
Re: H.A. Nottingham Park Pavilion — Construction Bid Update
Summary: This memorandum is to provide Town Council with an update on the progress of the H.A
Nottingham Park Pavilion project. The project was advertised for bid on August 19, 2010 and
construction bids were opened on September 16, 2010 at 2 PM.
Background:
• January 26, 2010 - The H.A. Nottingham Park Pavilion plans were presented to Town Council.
The presentation included three options for construction. Option One included the pavilion
structure only with a budget of $250,000. Enhanced Option One included an "enhanced"
pavilion with some aesthetic improvements beyond Option One and a budget of $300,000.
Option Two was a fully developed pavilion, and would require an additional $200,000 for
construction. Town Council directed Staff to design the "enhanced" Option One.
• May 4, 2010 - The Planning and Zoning Commission approved Final Design.
• May 11, 2010 —Three dimensional renderings of the Final Design were presented to Town
Council and marketing material for solicitation of funds was discussed.
• July 13, 2010 — Councilman Dave Dantas updated Town Council on the pavilion's progress.
Town Council directed staff to bid the Harry A. Nottingham Park Performing Pavilion
following Councilman Dantas' presentation.
• September 14, 2010 — Staff updated Town Council on the number of attendees at the pre -bid
meeting.
Discussion: Bid Documents were completed and the project was advertised for bid starting August
19th in the local paper of record and the Town's website. The advertisement was also sent directly to
the Engineering Department's list of contractors and to three Plan Rooms. Twenty -two companies
requested plans including the three Plan Rooms prior to the pre -bid meeting.
The pre -bid meeting was held on September 3`d and was mandatory for general contractors. Twenty -
five individuals attended the pre -bid meeting. The twenty -five attendees represented fourteen
general contractors and eight sub - contractors, allowing for a maximum of fourteen bids. The
construction bids were opened on September 16"'.
Five contractors submitted construction bids for the H.A. Nottingham Park Pavilion on September
16th. The contactors and their bids are as follows:
• Thrasher, LLC - $573,188
• MW Golden Constructors - $577, 830
• Mark Young Construction - $587,000
• GE Johnson Construction - $615,158
• PNCI Construction - $700,381
Harry A. Nottingham Park Performing Art Pavilion
September 22, 2010
Page 2 of 2
The four lowest bidders are within 7% of the low bid. However, all bids are over the current
construction budget and the architect's estimate. Several items that were incorporated into the
project have contributed to the high bids and are described in detail in the VAG memo dated
September 22, 2010 (Exhibit A). Those items are:
• Metals /Structural Steel System
• Wall Construction
• Thermal and Moisture /Finishes
• Electrical
• Acoustical Roof Panels
• Finishes
Thrasher's low bid included a list of items that could be changed to further reduce the project costs.
Staff and the Architect (VAG) met with Thrasher to go over those items. Those items include:
• Replace copper roof with bronze metal roof
• Replace copper panels with colored stucco
• Delete pedestrian lights
• Delete stairs to Council Chambers
• Simplify window design
• Simplify ceiling panel system
• Simplify concrete paving and stone detailing
Financial Implications: The project's Capital Improvement budget for design and construction is
$200,000. The Architect's budget estimate for the pavilion that Council directed staff to design was
$300,000. The project was expected to require an additional $100,000 in funding to allow
construction. However, the low bid of $573,188 will require additional funding of $373,188.
Construction costs can be reduced to approximately $500,000 and stay within the approved scope if
the recommendations for reducing costs are incorporated into the project. $300,000 in additional
funding will still be required. In order to get the construction budget to below $300,000, the size will
have to be reduced and the stage could not accommodate the Salute to the USA event.
Recommendation: Staff recommends budgeting for construction of the project in 2014, unless
additional funding sources can be found. When the project moves forward the Town will partner with
a General Contractor and Architect to fine tune the design and look for cost saving measures.
Town Manager Comments:
Attachements:
Exhibit A —VAg's memo dated September 22, 2010
Memo:
Project Name: TOA H.A. Nottingham Pavilion
Date: September 22, 2010
RE: Options
FROM: Stephanie Lord - Johnson
TO: Justin Hildreth
Remarks:
aqw
VAg, Inc.
Architects & Planners
VAg, Architects and Planners
TOA Engineer
As requested, VAg, Inc has reviewed the bids submitted for the H.A. Nottingham Park Pavilion.
EXHIBIT A
Project No: 2920.00
Overall the bids on the Pavilion came in higher than the TOA hoped or anticipated. During the design and approval process
the nature and character of the Pavilion was refined and enhanced. VAg presented a series of design solutions early on
addressing various budget and design parameters. It was determined that the $200,000 design solutions did not sufficiently
address the programmatic requirements or meet the caliber of project that the TOA desired. A middle of the road solution
was selected with the following goals in mind:
Pavilion Goals
• Zero Maintenance
• Vandal proof
• Finish/Design on par with the TOA Transportation Center and Main Street Improvements
• Design the stage for maximum stage visibility from all angles of the park.
• Protect performers from the elements
• No more than a 5' encroachment into the playing field
As the above goals were addressed in the design process the following items were impacted:
Metals Structural Steel System
The structural frame for the project is a more dynamic solution that originally conceptualized. This change came into play
based on feedback from the Planning and Zoning Commission and the pavilion design committee that the structure should
create a sense of place and be more than a stage with a roof covering. The angled steel truss solution addressed the above
comment as well as the original goals. The cost for the steel framing did increase with this change in direction.
Wall Construction
Though it does not have significant costs, the walls are constructed out of CMU to minimize potential vandalism
opportunities compared to framed walls.
Thermal and Moisture; Finishes
The project has a copper roof and copper wall panels which are driving the price higher than the team originally anticipated.
These materials were selected for aesthetic, performance and cost reasons. The cost of copper has increased again since the
design phase. The copper roof and flashing could be replaced with a bronze metal roof system without negative impacts to
the project. The copper walls panels could also be replaced with stucco paneling detail or a cementious panel system to help
reduce costs.
Electrical
Physical Address: (970) 949 -7034 Mailing Address:
90 Benchmark Rd, Suite 202 fax: (970) 949 -8134 P.O. Box 1734
Avon, CO 81620 email: general@vagarchitects.com Vail, CO 81658 -1734
The direction for the lighting and power system was to design a minimal "house" electrical and lighting system to
accommodate a full traveling lighting and sound system. The electrical system is a 600 AMP service to accommodate the
various functions. The system is quite simple with the minimal equipment required to accommodate the full range of acts and
performance groups. The electrician broken down the electrical budget as follows:
600 AMP service /equipment/labor - $14,000
Electrical panels /equipment for performance systems - $14,000
House lighting systems - $9,000
Heat Tape - $3000
Street Lights (2) - $11,000
Relocate Mechanical Equipment - $3500
Acoustical Roof Panels
During the design phase it was requested that the stage be enhanced for acoustical performance to accommodate a full range
of acts and performances. The angled wood panels were incorporated into the design and engineering to provide optimum
projection. This was an addition to the original program and is something that could be studied further with cost savings in
mind.
Finishes
The project has a high level of finish with minimal maintenance. The stone and finishes were selected to meet the TOA
Design Requirements and to tie the project into the TOA Transportation Center and Main Street aesthetic. As noted
previously, the copper roof and paneling can be studied further. The stone veneer, boulders, and paving solutions could also
be evaluated in more detail to see if there are savings be selecting alternate materials or minimizing material.
Cost Saving Potential
Based on preliminary conversation with Russell Thrasher it appears that the project could likely be Value Engineered to get
down to a proposal of $500,000 while keeping the majority of the budget, programming and aesthetic goals for the project.
$20,000 Copper Roof and Flashing replaced with a bronze metal roof
$12,000 Copper Panels replaced with colored stucco walls
$12,000 Delete (2) TOA Street Lights
$12,000 Delete stairs and door work to the Council Chambers
$ 5,000 Simplify windows - single pane, storefront or framed system
$10,000 Simplify ceiling panel system
$ 5,000 Simplify concrete paving and stone detailing
Please contact me with any questions or comments.
Physical Address: (970) 949 -7034 Mailing Address:
90 Benchmark Rd., Suite 202 fax: (970) 949 -8134 P.O Box 1734
Avon, CO 81620 email: general@vagarchitects.com Vail, CO 81658 -1734