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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 W V V a D 4N Q a 0 LH m 00 D m a mUA � a 000 OG a� W. Z: pop a Z, OG li. D J Yb tu J Z O t9 LLI co co LU U) tp (g') o Oa Oa e�r olwoss uj ti 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 f N \ M N � s • v� H H tp H \ 1p 1p tD H H \ H b tO N N N \ b b b b N \ H N H N N \ {\{� �-1 \ \ N n N N H N Vl \ Ifl N H \ \ H N \ \ N N \ \ Q Vl N \ M m \ vl O H M \ \ m ~ a a 3 a a LL a p a p 3 m _ LL m _ LL Q p C p a C p b 7 C p Q U Cry v m n m io v m a m v n v v v m � U c4 n � U i E w o a M °a' a w c p a z E o m LEE a v Wig i Q m a c o O o c q L D a O O d j D O O V 7 N ■1 c p � N � T C 1If C b f� � b Q1 O N A I m f N -1 1 X0-1 � ti O a � 1ebd�in �