01-11-2016 Second Amendment IGA Joint Fire-Police Station Facility ERFPDSECOND AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
FOR A JOINT FIRE- POLICE STATION FACILITY
BETWEEN THE TOWN OF AVON AND
THE EAGLE RIVER FIRE PROTECTION DISTRICT
THIS SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT
( "Second Amendment ") is made and entered into on January 11, 2016, ( "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 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,
WHEREAS, the Parties have entered into a MEMORANDUM 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 dated June 9, 2015 ( "MOA "); and,
WHEREAS, the Parties have identified the need to update the schematic design and set forth a
schedule to complete the design, engineering and pricing of a Joint Public Safety Facility and
update and adjust the apportionment of costs and amend such other terms of the IGA as set forth
in this Second Amendment; and,
WHEREAS, Paragraph 14 provides that Parties may amend the IGA; and,
WHEREAS, this Second Amendment 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 Second Amendment shall commence on the Effective Date.
2. Defined Terms. Capitalized terms used herein and not defined herein shall be as defined
in the IGA and MOU.
3. Apportionment of Land Costs. The Parties agree that Avon's share of the costs of Lot
1B is now fixed at EIGHT HUNDRED FIFTY TWO THOUSAND FORTY TWO AND 23/100
DOLLARS ($852,042.33).
4. Schematic Design Layout. The updated schematic design layout depicted in Exhibit A:
Bubble Diagram — SD Package, dated December 22, 2015, ( "12 -22 -2015 Schematic Design "),
is adopted for cost estimating and additional pre - construction work. Although the Parties
ERFPD -Avon Second Amendment
January 11, 2016
Page 1 of
acknowledge that additional revisions to the schematic design layout may occur during the
design process, each Party agrees that no changes to the schematic design layout that adversely
affects the design, construction, programming or expected maintenance and operation cost of
either Party shall be made unless the adversely affected Party agrees to such change in writing
and by amendment to the IGA to adopt a revised schematic design layout.
5. Adjustment to Apportioned Costs. The Parties agree the 12 -22 -2015 Schematic Design
shall serve as the basis for Exhibit A -2: Apportioned Cost to the MOA. Exhibit A -2:
Apportioned Cost shall automatically replace and supersede Exhibit A -1: Apportioned Cost in
accordance with Paragraph 3 of the MOA. The adjustment to Apportioned Costs shall be applied
to work performed from the Effective Date of this Second Amendment in accordance with
Paragraph 3 of the MOA.
6. Update of Project Schedule. The Parties agree that Exhibit C: Project Schedule
attached hereto shall serve as the project schedule. Minor modifications may be made the Avon
Town Manager and the Fire District Chief, when mutually agreed to in writing.
7. Construction Cost Allocation. Each Party shall remain solely and separately
responsible for its own Costs of Construction of the Joint Public Safety Facility, including all
costs which may exceed any budgetary limitations established by its governing body. The
District shall not have any responsibility or obligation to pay for or complete Avon's portion of
the Joint Public Safety Facility, including Shared Area Costs, if those exceed projected costs.
Avon shall not have any responsibility or obligation to pay for or complete the District's portion
of the Joint Public Safety Facility, including Shared Area Costs, if those exceed projected costs.
8. Termination of Tenancy and Vacation of the Wildrige Station. Avon may terminate
the District's tenancy of the Wildridge Fire Station 90 days after the earlier to occur of Avon
issuing a Temporary Certificate of Occupancy or issuing a Final Certificate of Occupancy to the
District for the Regional Avon Fire Station. The Parties agree that this Second Amendment and
the issuance of Temporary Certificate of Occupancy or Final Certificate shall serve as all
required legal notice. The District agrees to remove all personal property from the premises not
owned by the Avon and to clean the premises to commercial reasonable standards prior to
vacating the premises.
9. Termination of Lease and Vacation of the Avon Fire Station. Avon may terminate its
existing lease with the District for the Avon Fire Station District 90 days after the earlier to occur
of Avon issuing a Temporary Certificate of Occupancy or issuing a Final Certificate of
Occupancy to the District for the Regional Avon Fire Station. The Parties agree that this Second
Amendment and the issuance of Temporary Certificate of Occupancy or Final Certificate shall
serve as all required notice under the applicable lease. The District agrees to remove all personal
property from the premises not owned by the Avon and to clean the premises to commercial
reasonable standards prior to vacating the premises.
10. Modifications and Expansions. The Parties agree that the sale and conveyance of a
portion of Lot 1B shall include a restriction on all of Lot 1B (including the reconveyance parcel
that is re- conveyed to the Fire District) such that neither Party shall commence or complete any
modification or expansion of its portion of the Joint Public Safety Facility or any Shared Area
without the written consent of the other Party. This restriction shall not include normal
maintenance or replacement or upgrades of fixtures in either Party's dedicated portion of the
Joint Public Safety Facility.
ERFPD -Avon Second Amendment
January 11, 2016
Page 2 of 3
11. Other Terms in Full Force and Effect. All other terms in the IGA shall remain in full
force and effect.
EXECUTED as of the date first written above.
TOWN OF AVON, COLORADO
APPROVED AS TO FORM:
Eric J. He' , E ., vo own Attorney
EXECUTED as of the date first written above.
ATTEST:
'�9-)
Debbie oppe: Town Clerk
EAGLE RIVER FIRE PROTECTION DISTRICT
RV- A 9rrruQT.
L_
,,,rAPPI2.0VED AS TO FORM: j (-- 'C -'" 7 j rd SS e.1,7 - ]b %rz e- c.tote
es P. Collins, Esq.
ERFPD -Avon Second Amendment
January 11, 2016
Page 3 of 3
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AVON PUBLIC SAFETY FACILITY
Davis Partnership Agreement
Cost Allocation
Exhibit A2 - Revised 1/11/16
Notes
Split based on 46154 split
Entity specific costs
Split based on 45155 split
Entity specific costs
Entity specTc costs
Split 50/50
Split 50/50
Split 50/50
Split based on 45/55 split
Split based on 45!55 split
Split 50/50
Split based on total DP cost allocation %
Split based on 45/55 split
Split based on 45!55 split
Split based on 45155 split
Split 50/50
Entity specific costs
Entity specific costs
Split 50/50
Split 50/50
Split 50/50
Split 50/50
Split based on 45155 split
Split based on 45/55 split
Split 50/50
Split based on 45155 split
Split based on total DP cost allocation %
Split based on total DP cost allocation %
$974,309.35
Split based on 45155 split
Split based on 45/55 split
Split based on total DP cost allocation
Potential Alternate costs
Orlgnal
12111/2015
Avon
FD
Concept/SD v1
$ 47,115.00
$ 140,179.99
$
62,610.04
$
77,569.95
Add'1 Services
$ 30,000.00
$
9,601.33
$
20,398.67
Cost to date
$ 170,179.99
$
72,211.37
$
97,968.62
SD (redo Costs)
Arch
$ 32,500.00
$
14,515.81
$
17,984.19
RRM
$ 4,620.00
$
-
$
4,620.00
MWL
$ 7,435.00
$
7,435.00
$
-
Approvals
$ 10,000.00
$
5,000.00
$
5,000.00
Landscape
$ 6,820.00
$
3,410.00
$
3,410.00
Civil
$ 7,150.00
$
3,193.48
$
3,956.52
Structural
$ 11,000.00
$
4,913.04
$
6,086.96
MEP
$ 1,650.00
$
736.96
$
913.04
Interiors
$ 5,000.00
$
2,500.00
$
2,500.00
DP Coordination
$ 2,927.69
$
1,357.12
$
1,570.57
Super SD (Arch 75% only)
$ 47,115.00
$
21,043.46
$
26,071.54
DD
$ 62,820.00
Arch 25% DD's
$ 15,705.00
$
7,014.49
$
8,690.51
Arch CD's
$ 125,640.00
$ 125,640.00
$
56,115.89
$
69,524.11
Arch CA
$ 78,525.00
$ 78,525.00
$
35,072.43
$
43,452.57
RRM
$ 32,800.00
$ 23,800.00
$
-
$
23,B0000
MWL
$ 19,265.00
$ 32,530.00
$
32,530.00
TOA Entitlements
$ 28,000.00
$ 28,000.00
$
14,000.00
$
14,000,00
Landscape
$ 45,000.00
$ 45,000.00
$
22,500.00
$
22,500.00
Civil
$ 52,000.00
$ 52,000.00
$
26,000.00
$
26,000.00
Site Irrigation
$ 5,000.00
$ 5,000.00
$
2,500.00
$
2,500.00
Structural
$ 79,935.00
$ 79,935.00
$
35,702.19
$
44,232.81
MEP
$ 97,000.00
$ 87,000.00
$
38,857.71
$
48,142.29
Interiors
$ 33,000.00
$ 33,000.00
$
16,500.00
$
16,500.00
Accessibility
$ 6,400.00
$
2,858.50
$
3,541.50
Reimburseables
$ 38,635.50
$ 42,209.92
$
19,566.23
$
22,643.69
DP Coordination
$ 13,166.75
$
6,103.39
$
7,063.36
D Redo Thru CA Subtotal
$ 804,129.36
$
379,425.70
$
424,703.66
Sup SD - Completionj $
$ 461,637.06
$ 622,672.29
744,935.60
1 $ 974,309.36
Design Alternates
Security Device
$ -
$ 15,400.00
$
6,878.26
$
8,521.74
AVIIT/relcom /Security
$
$ 54,230.00
$
24,221.30
$
30,008.70
Admin Fee (add'I 5 %)
$
$ 16,094.44
$
7.460.51
$
8,633.93
$
38.560.08
$
47,164.36
SQUAREFOOTAGE
AVON PD
11,300
45%
ERFPD
14,000
55%
Bldg Total
25,300
Fee w/o Coord or relmbuseables
$ 5B,304.36
AVON PD
$ 424,610.32
46%
ERFPD
$ 491,394.67
54%
$ 916,004.99
Notes
Split based on 46154 split
Entity specific costs
Split based on 45155 split
Entity specific costs
Entity specTc costs
Split 50/50
Split 50/50
Split 50/50
Split based on 45/55 split
Split based on 45!55 split
Split 50/50
Split based on total DP cost allocation %
Split based on 45/55 split
Split based on 45!55 split
Split based on 45155 split
Split 50/50
Entity specific costs
Entity specific costs
Split 50/50
Split 50/50
Split 50/50
Split 50/50
Split based on 45155 split
Split based on 45/55 split
Split 50/50
Split based on 45155 split
Split based on total DP cost allocation %
Split based on total DP cost allocation %
$974,309.35
Split based on 45155 split
Split based on 45/55 split
Split based on total DP cost allocation
Potential Alternate costs
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