06-09-2015 Memorandum of Agreement regarding cost sharing of a joint Fire-Police Station Facility between the Town of Avon and the ERFPDMEMORANDUM OF AGREEMENT
REGARDING COST SHARING FOR PROGRAMMING,
DESIGN AND PRE- CONSTRUCTION MANAGEMENT
OF A JOINT FIRE- POLICE STATION FACILITY
BETWEEN THE TOWN OF AVON AND
THE EAGLE RIVER FIRE PROTECTION DISTRICT
THIS MEMORANDUM OF AGREEMENT ( "Agreement ") is made and entered into on
June 9, 2015, ( "Effective Date ") by the Town of Avon, a home rule municipal corporation of the
State of Colorado ( "Avon ") and the Eagle River Fire Protection District, a quasi - municipal
corporation and political subdivision of the State of Colorado organized under Title 32 of the
Colorado Revised Statutes ( "Fire District ") (collectively, the "Parties," and each individually a
"Party ").
RECITALS
WHEREAS, the Fire District and Avon desire to design and construct a regional fire station and
police station facility on Lot 1 B, Buck Creek PUD, Avon, Colorado ( "Joint Public Safety
Facility "), the Parties have executed a contract with Davis Partnership Architects to conduct
programming, design and construction administration for the Joint Public Safety Facility, and the
Parties intend to enter into a contract with a general contractor; and,
WHEREAS, Avon and the Fire District desire to set forth the terms and conditions for Avon and
ERFPD concerning the apportionment of costs, revision of the apportionment of costs and the
responsiblity for payment related to contracts for architectural, pre - construction management and
other services related to design and pre - construction management of the Joint Public Safety
Facility; and,
WHEREAS, the Parties acknowledge and the agree that the initial apportionment of costs may
be adjusted when appropriate depending upon changes to the character, size and scale of the
Joint Public Safety Facility and each Party's respective portion of the Joint Public Safety
Facility; and,
WHEREAS, the Parties have entered into an Intergovernmental Agreement for a Joint Fire -
Police Station Facility Between the Town of Avon and the Eagle River Fire Protection District
( "IGA "), dated April 28, 2015, and desire to amend and supplement the terms of the IGA by and
through the adoption of this Agreement; and,
WHEREAS, this Agreement is authorized pursuant to §29 -1 -201 and §30 -11 -101, Colorado
Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution.
NOW THEREFORE, in consideration of the covenants and mutual agreements contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the Parties, the Parties hereto agree as follows:
1. Effective Date. This Agreement shall commence on the Effective Date.
ERFPD -Avon MOA re: Apportioned Costs
FINAL —June 9, 2015
Page 1 of 6
2. Apportionment of Costs. The apportionment of costs for all architectural services, pre -
construction management services, and other related pre - construction services which arise from
contracts entered into by both Avon and the Fire District ( "Pre- Construction Contracts ") are
based on Exhibit A -1: Apportioned Cost ( "Apportioned Cost ") which shall be in accordance
with Exhibit B with respect to various identified portions of the project until adjusted pursuant
to the terms of this Agreement:
3. Adjustment to Apportionment of Costs. The Parties agree that the Apportioned Cost
shall be adjusted when the actual designs for the Joint Public Saftey Facility indicate a different
square footage and different ratio of shared space, police department and fire department space.
Such adjustment shall be applied to work performed from the date of adoption of a replacement
Exhibit A -(x): Apporportioned Cost, unless another method of allocation is mutually determined
appropriate. The updated replacement Exhibit A -(x): Apportioned Cost shall automatically
replace and supercede any previously adopted Exhibit A -(x): Apportioned Cost and shall
automatically become a part of this Agreement. Any updated replacement Exhibit A -(x):
Apportioned Cost shall be number sequentially to denote the most updated version (e.g. A -1, A-
2). The Parties agree to work cooperatively in good faith to consider the equitable allocation of
cost to each Party for any change in the design, which may be based on square footage as
depicted in Exhibit A -1: Apportioned Cost or may be based on another method or formula as
mutually determined appropriate to achieve the purpose of this Agreement. The Parties agree
that any additional cost resulting from a change order or amendment to any Pre - Construction
Contracts which is requested by, and which primarily concerns, one Party shall be paid for by
such Parry and shall not change or affect the Apportioned Cost for the remainder of the Pre -
Construction Contracts unless the Parties mutually agree that another method or formula is
appropriate.
4. Payment Responsibility. All Pre - Construction Contracts to which this Agreement is
applicable shall state that Avon and the Fire District are each responsible and liable for payment
and costs under such constracts only to the extent of each Party's respective Apportioned Cost
and that the Parties are not jointly and severally liable for the entire cost of Pre - Construction
Costs.
5. Term. This Agreement shall expire upon final and full payment of each Party's
respective Apportioned Cost.
6. Amendment to IGA. In accordance with Paragraph 14 of the IGA, the Parties hereby
amend the IGA by the adoption of this Agreement. In the event of any conflict between the
langauge in this Agreement and the IGA, the language in the IGA shall control. Furthermore,
the Parties agree that any revision or update to Exhibit A: Design & Construction Manager
Process of the IGA shall be deemed to be an approved amendment to the IGA upon approval by
each Party's designated representative.
7. No Third Party Beneficiaries. Nothing herein expressed or implied is intended or
should be construed to confer or give to any person or corporation or governmental entity other
than the Fire District and the Town, any right, remedy or claim under or by reason hereof or by
reason of any covenant or condition herein contained, nor limit in any way the powers and
responsibilities of the Town, the Fire District, or any other entity not a party hereto.
ERFPD -Avon MOA re: Apportioned Costs
FINAL —June 9, 2015
Page 2 of 6
8. Severability. If any portion of this Intergovernmental Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both
Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not
affect the remaining provisions; such remaining provisions shall be fully severable and this
Agreement shall be construed and enforced as if such invalid provisions had never been inserted
into this Agreement.
9. Amendments. This Agreement may be amended from time to time by a written
agreement duly authorized and executed by all the Parties to this Agreement.
10. Survival of Terms. The Parties understand and agree that all terms and conditions of the
Agreement that require continued performance, compliance, or effect beyond the termination
date of the Agreement shall survive such termination date and shall be enforceable in the event
of a failure to perform or comply.
11. Assignment. The Parties agree that neither Party hereto can assign this Agreement, or
any right or obligation contained herein, to another party without the express written consent of
the other Party and any attempt to do so shall be void and ineffective.
12. Complete Agreement. This Agreement represents the full and complete understanding
of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or
understandings of the Parties with respect to the subject matter contained herein.
13. Governing Law, Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado. Venue for any District Court action shall be
in Eagle County, Colorado.
14. Notices. All notices, requests, demands, consents and other communications hereunder
shall be transmitted in writing and shall be deemed to have been duly given when hand - delivered
or sent by certified, United States mail, postage prepaid, with return receipt requested, or sent via
electronic transmission provided that such transmission is acknowledged by the receiving Party,
addressed to the Parties as follows:
TO ERFPD:
The Eagle River Fire Protection District
351 Benchmark Road
Post Office Box 7980
Avon, CO 81620
Attn: Karl Bauer
E -Mail:
with copy to:
James P. Collins
Collins, Cockrel & Cole
ERFPD -Avon MOA re: Apportioned Costs
FINAL —June 9, 2015
Page 3 of 6
390 Union Boulevard, Suite 400
Denver, CO 80228 -1556
E -Mail: jcollinsgeccfirm.com
WIT.1 erN
Town of Avon
One Lake Street
Post Office Box 975
Avon, CO 81620
Attn: Virginia Egger, Town Manager
E -Mail: veggergavon.org
with copy to:
Eric J. Heil, Avon Town Attorney
One Lake Street
Post Office Box 975
Avon, CO 81620
E -Mail: ericgheillaw.com
[EXECUTION PAGE FOLLOWS]
ERFPD -Avon MOA re: Apportioned Costs
FINAL —June 9, 2015
Page 4 of 6
ATTACHMENT A: MEMORANDUM OF AGREEMENT
EXECUTED as of the date first written above.
TOWN OF AVON, COLORADO
BY:
Jenn ancher, Mayor
APPROVED AS TO FORM:
Eric J. Heil, Es o Town Attorney
ERFPD -Avon MOA re: Apportioned Costs
FINAL — June 9, 2015
Page 5 of 6
ATTEST:
M-7i 141"mo
Debbie Hoppe: To n Clerk
ATTACHMENT A: MEMORANDUM OF AGREEMENT
EXECUTED as of the date first written above.
EAGLE RIVER FIRE PROTECTION DISTRICT
BY:
ATTEST:
Jennifer Cartmell Hays, Chairperson Clark Shivley, Secretary
APPROVED AS TO FORM:
James P. Collins, Esq.
ERFPD -Avon MOA re: Apportioned Costs
FINAL — June 9, 2015
Page 6 of 6
EXECUTED as of the date first written above.
EAGLE RIVER FIRE PROTECTION DISTRICT
BY: / ATTEST:
Bau6r, Fire Chief
APPROVED AS TO FORM:
es P. Collins, Esq.
ERFPD -Avon MOA re: Apportioned Costs
FINAL — June 9, 2015
Page 6 of 6
Clark Shivley,'Secretary ..__�
Avon Public Safety Building DRAFT PROGRAM
Proportional Share Percentages .,■.. WINNE DAVIS
Exhibit A: Cost Apportionment MORIN PARTNERSHIP
�� ■EMO0 ARCHITECTS
DEPARTMENT PROGRAM
Room Name
Proposed
Notes
NSF
#
Total
Policeand Fire Station Combined
Basement
Armory Room
200
1
200
Storage /Equipment Storage Room
400
1
400
Holding Cell
100
3
300
Sally Port
600
1
600
(2424)
Bookin /Fibn erphnting /Intoxiyzer
200
1
200
Mechanical / Boiler
200
1
200
Shared
Electrical
150
1
50
Shared
Elevator
100
1
100
Shared
Elevator Machine Room
120
1
120
Stair
250
1
250
Shared
ERFD Storage
3,500
1
3,500
Fire Suppression, Tech. Rescue, Hazarfdous Materials,
Wildfire and Deployments, Respiratory Protection,
EMS /Exposure Control, Fire Investigation, Community
Safety Outreach, Record Retention and Administration.
Subtotal (x1.15)
6,923
Ground Floor
Front Office
200
1
200
Workstation
50
2
100
Workstation for (2) with fingerprinting area
Records Room
300
1
300
Locker Room
400
2
800
Evidence Room
110
2
220
Interview Room
100
3
300
Audio video capacity
Public Restroom
150
2
300
Shared
Lobby
300
1
300
Shared
Elevator
100
1
100
Shared
Stair
250
2
500
Shared
Tower and Bay Storage
1,850
1
1,850
Aparatus Bay
6,400
Ladder Truck is 50'+ (16' hight doors) Includes BC
Buggie, Rescue Engine, Tower, Type 3 Engine
Subtotal (x1.15)
11,658
Second Floor
Sleeping Rooms
200
10
2,000
Storage Room
200
2
400
Restroom
200
2
400
Day Room
500
1
500
Dining
300
11
300
Walk in Refrigerator
150
1
150
Pantry
150
1
150
Kitchen
300
1
300
Lobby
300
1
300
Shared
Elevator
100
1
100
Shared
Stair
250
2
500
Shared
Subtotal (x1.20)
6,120
Third Floor
Police Ready Room
300
1
300
Patrol Report Wrriting Room
1,400
1
1,400
(14) cubicles @ 100 sf /cube
Sergeant Offices
120
3
360
Detective Offices
100
2
200
Chief Offices
140
1
140
Deputy Offices /Conferenc
140
1
140
Conference Table
Conference Room
200
1
200
Training Squad Room
1,000
1
1,000
Shared
Training Room storage
200
11
200
Recreation / Fitness Workout Area
8001
11
8001
Shared
Fitness storage
2001
11
200
Avon Public Safety Building
DRAFT PROGRAM
Proportional Share Percentages
Exhibit A: Cost Apportionment
mango
■■omm DAVIS
111111111111I.E PARTNERSHIP
Bonn ARCHITECTS
m®mi1s
DEPARTMENT PROGRAM
Room Name
(Split Equally)
Proposed
Notes
NSF
#
Total
(In Red Above)
Stair
250
2
500
Shared
(Split Equally)
Elevator
100
1
100
Shared
library Woork Stations
150
1
150
Storage
2001
1
200
Cleaning and office Supplies
Lt Engine Office
1201
1
120
Battalion Conf Room
100
1
100
Ladder Rescue office
120
1
120
Battalion Chief Office
140
1
140
Battalion Chief Quarters
240
1
240
w/ Murphy bed and bathroom
Training Chief Office
240
1
240
w/ Murphy bed and bathroom
Training Division Offices
120
2
240
Crew Work Station Room
500
1
500
4 to 6 work stations in one room
Subtotal (xl.20)1
9,108
Grand Total 1
33,809
Total Shared
5,720
(Split Equally)
Total Police Department
6,360
(In Blue Above)
Total Fire Department
18,000
(In Red Above)
Total without Circulation
30,080
Circulation
3,729
(Split Equally)
Grand Total
33,809
Proportioned SF
32.79% 11,085
Proportioned SF
67.21"/ 22,725
Page 2 of 2
ATTACHMENT: IGA UPDATED DESIGN PROCESS
UPDATED JUNE 25 2015
EXHIBIT A:
DESIGN & CONSTRUCTION MANAGER PROCESS
WG:
Working Group [Jennie Fancher, Buzz Reynolds, Clark Shively, Jennifer
3/31
Cartmell -Hays, Virginia Egger, Chief Ticer, Justin Hildreth, Matt
Comments on Architectural Services RFP Due
Pielsticker, Eric Heil, Chief Bauer, George Wilson, Todd Goulding, Jim
WG
Collins]
BOD:
Board of Directors of the Eagle River Fire Protection District
ERFPD:
Eagle River Fire Protection District
ATC:
Avon Town Council
Avon:
Town of Avon
FD Rep:
Goulding Development Advisors
TASK
DATE
RESPONSIBLE PARTY
Draft Architectural Services RFP
3/31
Avon
Comments on Architectural Services RFP Due
4/2
WG
Advertise and Distribute Architectural Services RFP
4/3
Avon
Pre-Proposal Meeting and Site Tour
4/17 (9:00 a.m.)
Avon & ERFPD
Architectural Services Proposals Due
4/24 (5:00 .m.)
Avon
Distribute copies of Architectural Services Proposals
4/25 (9:00 a.m.)
Avon
Select Architectural firms to interview and determine
interview process and questions
4/28 (9:00 a.m.)
WG
Interview Architectural firm
5/1 8:00 a.m.)
WG
Finalize Selection Recommendation for Architectural
Firm & Negotiate Professional Services Agreement
5/12
WG
Professional Service Agreement Architectural
Services Approval
5/21
5/26
BOD
ATC
Closing on Lot 1B, Buck Creek PUD
6/8
ERFPD
Draft Construction Manager at Risk RFP
6/1-6/15
Avon/FD Re
Design Kickoff meeting
6/11 & 6/12
WG (as needed)
Comments on Construction Manager RFP
6/17
WG
Advertise and Distribute Construction Manager RFP
6/18, 6/25 & 7/2
Avon/FD Re
Pre-Proposal Meeting and Site Tour
7/6
Avon/FD Re
Construction Manager Proposals Due
7/10
Avon/FD Re
Distribute copies of Construction Manager Proposals
7/10
Avon/FD Re
Select Construction Managers to interview and
determine interview process and questions
7/13
WG
Interview Construction Managers
7/17
WG
GC Selection Recommendation
7/20
WG
Finalize Selection Recommendation for Construction
Manager & Contract
7/28
WG
Construction Manager Contract Approval
7/28
BOD & ATC
Construction Manager Begins
8/1
GC
Architect to Provide 100% Programming/Concept/SD
9/1
WG
GC Pricing for Programming/Concept/SD
9/15
GC
Architect to Provide 90% Design Documents
11115
WG
GC Pricing DD Set Submitted
12/7
GC
TENTATIVE — BOND ELECTION
5/5/2016
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ATTACHMENT: IGA UPDATED DESIGN PROCESS
AVON PUBLIC SAFETY FACILITY - WORKGROUP
Town of Avon
Jennie Fancher
Buzz Reynolds
Virginia Egger
Bob Ticer
Eric Heil
Matt Pielsticker
Justin Hildreth
jfancher @avon.org
breynolds @avon.org
vegger @avon.org
rticer @avon.org
ericheillaw @gmail.com
mpielsticker @avon.org
jhildreth @avon.org
Eagle River Fire Protection District
Jennifer Cartmell Hays jbcartm @vail.net
Clive Shively shivleyavon @aol.com
Karl Bauer kbauer @eagleriverfire.org
George Wilson gwilson @eagleriverfire.org
Todd Goulding tgoulding @gda- co.com