CITY OF BOISE INTER-DEPARTMENT CORRESPONDENCE. Date: February 5, Mayor & City Council. Mitch Caldwell, Fire

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1 CITY OF BOISE INTER-DEPARTMENT CORRESPONDENCE Date: February 5, 2009 To: From: Subject: Mayor & City Council Mitch Caldwell, Fire Murgoitio Park Fire Station # 17 Project Update Background On February 10 th 2009, Fire Department staff introduced a Memorandum of Agreement (MOA) to City Council in reference to the construction of Fire Station 17 on South Cole. Whitney Fire Protection District (WFPD) is willing to construct this station to Boise Fire Department standards. The cost of the station construction will be borne by WFPD. Boise Fire staff has participated in the design of this facility. Current MOA language calls for the purchase of this Fire Station by the City of Boise within two years after the fire station is annexed into the City of Boise. The purchase price is currently to be the cost of construction. If this station is constructed it will be occupied by the members of Boise Fire Department and will respond to portions of Boise City in addition Whitney Fire Protection District. It would be maintained by Boise Fire and Government Buildings staff to the standards of the Boise Fire Department. As indicated in the February 10 th work session, bid opening was scheduled for the 11th of February, This opening occurred as scheduled. Construction costs were estimated at over $2.7 million by the architect. Low bid was $1.64 million. Per the current MOA language, no bid can be accepted without the express permission of the City of Boise. All bids can be rejected by the City of Boise. Issue WFPD Commissioners are awaiting a decision on the MOA prior to a decision to award the bid. Additionally, Boise City will need to agree to that bid award prior to the issuance of same. Discussion Council Members were concerned about the purchase of a depreciated building and requested staff to meet with WFPD Commissioners and enquire as to a modification of the MOA that would call for an appraisal and the City would pay the lowest price between appraisal and construction cost.

2 The WFPD Commissioner response was that by law they are not allowed to sell property below appraisal once that appraisal has been completed. They further indicated that they did not wish to make a profit on our working relationship and felt that this arrangement would likely lead to that result. They would prefer the original language but would agree to an appraised price if that was the Council direction. The concern over potential budget shortfall is rendered somewhat moot by the low bid price. Projected LEED cost savings are being calculated by project engineers and will be forwarded to Council members upon it receipt. Recommendation The extremely low bid environment creates concerns about potential work and material quality issues so a cautious approach to contingency funding should be made in the event of an agreement on the MOA. Additionally staff recommends an addition to the MOA requiring the hiring of a professional project manager. Currently WFPD Chief Renn Ross intends to manage the project. cc: Dennis Doan Fire Rob Bousfield- PW

3 FY10 Budget FY11 Budget Total Budget Station 17 Budgeted amount $274,568 $3,526,384 $3,800,952 $1,030,000 (Less apparatus & equipment) $2,770,952 Station 17 cost Low bid price $1,640, % Contingency $246, A&E $194, Reimbursables $20, Permits: Building Permit $11, Sewer Connection $17, Mechanical $5, Survey $5, Geotechnics $3, Materials Testing&Inspection $7, FF&E $20, Total: $2,170,398 Budgeted: $2,770,925 Under budgeted amount $600,527

4 MEMORANDUM OF AGREEMENT BETWEEN BOISE CITY AND THE WHITNEY FIRE PROTECTION DISTRICT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF FIRE STATION NO. 17 THIS MEMORANDUM OF AGREEMENT (MOA) is made and entered into this 28th day of December 2008, by and between the City of Boise, hereinafter referred to as the CITY and the Whitney Fire Protection District, hereinafter referred to as DISTRICT. WHEREAS, CITY is a municipal corporation existing by virtue of, and organized under the laws of the State of Idaho; and WHEREAS, DISTRICT is a fire protection district duly and regularly organize pursuant to the provisions of Idaho Code Title 31, Chapter 14; and WHEREAS, in October of 2007, CITY and District entered into a Fire Protection and Emergency Services Agreement (attached as Exhibit A) in which both parties agreed to construct a new fire station on property owned by the CITY in Murgoitio Regional Park, South Cole Road, Boise, Idaho, consistent with the Boise Fire Department Master Siting Plan; and WHEREAS, in the Fire Protection and Emergency Services Agreement CITY and DISTRICT have agreed that the design of the fire station will be mutually agreed upon by the CITY and the DISTRICT; and WHEREAS, in the Fire Protection and Emergency Services Agreement CITY and DISTRICT have further agreed to prepare a staffing proposal for Fire Station #17 for consideration in the subsequent contract renewal; and. WHEREAS, it is the intent of the Parties that in the event of annexation by the City of the service area of Fire Station #17 and the property on which the station is located, that the CITY will purchase and the DISTRICT will sell and convey ownership of the fire station to the CITY; and WHEREAS, this MOA is beneficial in terms of service delivery, cost efficiency and long range planning; FOLLOWS: Article 1 NOW, THEREFORE, THE CITY AND DISTRICT AGREE AS Definitions 1.1 Definitions As used herein, the following terms shall have the following designated meanings:

5 Property Shall mean the approximately 1.6 acre parcel within the Murgoitio Regional Park Master Plan owned by the CITY and designated within the Boise Fire Department Master Siting Plan as the future location for Fire Station #17. Article 2 Purpose, Term, Termination and Renewal 2.1 Purpose The purpose of this MOA is to permit the DISTRICT to design and build Fire Station #17, consistent with the Boise Fire Department Master Siting Plan, on property owned by the CITY. 2.2 Term This Agreement shall be effective October 9, 2008 through October 9, 2013, unless written notice is given by either party pursuant to the provisions of this given Agreement. 2.3 Termination and Renewal At the end of the first term, the Parties may agree in writing to renew this MOA for an additional five (5) year period. At the expiration of the five (5) year period and five (5) year renewal period, the Parties may mutually agree to renew the MOA on an annual basis. 2.4 Annexation If the CITY annexes the Property into the City, the parties agree to meet and negotiate the terms and conditions of the CITY purchasing the Fire Station #17 from the DISTRICT. Said terms shall stipulate that City shall purchase the building within two years after the date of annexation. The purchase price by the CITY of the Fire Station shall be the actual cost of the design, permits, construction and associated costs of the initial construction and furnishing the fire station. (See Article 6. Cost and Accounting). Article 3 Title and Property 3.1 Title The CITY shall hold title to the Property. DISTRICT acknowledges that CITY previously acquired the property and currently holds legal title to the Property. 3.2 Property The DISTRICT shall have access to Property for any and all purposes related to the permitting, design, and construction of Fire Station #17. Article 4 Architect and Design 4.1 Architect The Parties shall agree on the architect for the project. The DISTRICT shall be primarily responsible for managing the contract with the architect. 4.2 Design The Parties shall mutually agree upon the design of the fire station, which design shall be based on Boise Fire Department Fire Station Specifications. The Parties may mutually agree to include in the design of the station, space for other emergency service providers. If such space is provided, the Parties shall jointly execute an MOA with such provider detailing the terms, rights, and responsibilities related to that space. Further, the Parties may mutually agree to include in the design of the project,

6 space for other ancillary uses. If such space is agreed to, the Parties shall jointly execute an MOA with the provider detailing the terms, rights and responsibilities related to the ancillary use. (See Article 7. Occupancy and Use) Article 5 Bid and Construction 5.1 Bid The DISTRICT shall be responsible for selecting and awarding the bid for the general contractor for the project. The DISTRICT will not award a bid to a general contractor without the express written consent of the CITY, which may be withheld at the CITY s sole discretion. 5.2 Construction The DISTRICT shall be responsible for managing the contract with the general contractor. When requested by the DISTRICT, the CITY may have its staff assist the DISTRICT with surveys, geotechnical reports, materials testing during construction, bidding for a general contractor, technical advice, construction management, and other portions of the project. If the CITY agrees to provide any of these services, the CITY shall bill the DISTRICT for the services it provides to the DISTRICT. Article 6 Cost and Accounting 6.1 Cost and Accounting The DISTRICT shall provide to the CITY cost information of the design, permitting, construction and other costs related to the construction and furnishing of the Fire Station. Upon completion of the station the DISTRICT shall submit to the CITY for its review the full cost and accounting of the Fire Station project. Article 7 Occupation and Use 7.1 Occupation and Use Upon completion of the fire station and the issuance of a certificate of occupancy, the CITY S Fire Department shall occupy and use the Property for the purpose of housing CITY s personnel and DITRICT s fire apparatus, and equipment relative to the services performed for the DISTRICT. The CITY shall lease the fire station from the DISTRICT for the sum of one dollar ($1.00) per year. The Property may also be used for miscellaneous incidental purposes related to the performance of fire prevention, training, and/or public education. The Parties agree that the purpose and use of the building is for a fire station and related use. Other uses for the premises must be mutually agreed to in writing. 7.2 Other Agencies The Parties agree that the public may be better served by providing space within the fire station for other entities that serve the public. The Parties hereby agree that the terms and conditions of providing such space must be mutually agreed upon in writing by the Parties and any such entity. Article 8 Maintenance

7 8.1 Maintenance At the end of construction and upon occupancy as provided in Article 6, the maintenance of the property and fire station shall be pursuant to the Fire Protection and Emergency Services Agreement Article 5. Section 5.12 Maintenance. Article 9 Staffing 9.1 Staffing The Parties have previously agreed in the Fire Protection and Emergency Services Agreement Article 5. Section 5.6 Fire Station #17 to a staffing plan for the engine company at Fire Station #17. Article 10 Miscellaneous 10.1 Hold Harmless Each party shall be solely responsible for any liabilities arising out of its acts, or acts of its representatives, personnel, agents, officers and employees occurring prior to the effective date of this Agreement. Following the effective date of this Agreement, each party shall be responsible for the conduct of its representatives, personnel, agents, officers and employees to the extent required by the Idaho Tort Claims Act. Each Party agrees to hold the other harmless from claims premised solely upon the alleged negligent or wrongful conduct of its representatives, personnel, agents, officers and employees. As public agencies, each Party recognizes that whether insurance is procured or not or whether self-insurance is adequately funded or not, each agency shall undertake the fiscal management steps necessary to meet the third-party liability obligations which may arise out of the performance of this Agreement such that neither Party attempts to shift its responsibility to the other by virtue of failing to have resources readily available to meet third-party liability obligations. The foregoing principles shall apply to and govern the relationship between the Parties pursuant to this Agreement, notwithstanding the language of any policy of insurance procured by either Party during the course of performance of this Agreement Assignment and Subcontracting Neither party shall assign, sublet or transfer any interest or service in this Agreement, without the written consent of the other party. Neither party shall enter into any subcontracts for services under this Agreement without the written consent of the other party Severability If any provision of this Agreement or its application is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall not be affected Modification This Agreement is the entire Agreement between the parties. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on either party unless executed in writing by each of the parties. In the event that another entity wishes to become a party to this Agreement, the DISTRICT and the CITY must mutually agree to any and all modifications to this Agreement resulting from the addition of another entity to this Agreement.

8 10.5 Benefits This Agreement is entered into solely for the benefit of the parties hereto. It shall confer no benefits, direct or indirect, on any third persons, including employees of the parties. No person or entity other than the parties themselves may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of each party Notice All notices and demands required under this Agreement shall be in writing and shall be deemed to have been duly given, made and received when delivered or deposited in the United States mail, registered or certified mail, postage pre-paid, addressed as set forth below. Judy M. Simmons, President Dennis L. Doan, Fire Chief Whitney Fire Protection District Boise City Fire Department P.O P.O. Box 500 Boise, ID Boise, ID IN WITNESS THEREOF, the parties have executed this agreement on the day and year noted. ATTEST: City Clerk CITY of BOISE CITY Mayor David Beiter Date WHITNEY FIRE PROTECTION DIST. President Judy M. Simmons Commissioner Paul L. Henning ATTEST: Commissioner John C. Paustian District Secretary Janea Sites Date