HomeMy WebLinkAboutC04-133 Ballard*King and Associates, LTD
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AGREEMENT FOR EAGLE COUNTY BERRY CREEK/MILLER RANCH
COMMUNITY RECREATION CENTER FEASIBILITY STUDY
BETWEEN EAGLE COUNTY AND BALLARD*HING AND ASSOCIATES, LTD
THIS AGREEMENT is made as of April, ~, 2004, by and between the County
of Eagle, State of Colorado, a body politic and corporate, acting by and through its
Board of County Commissioners (hereinafter referred to as the "County") and
Ballard*King and Associates, LTD, a corporation organized under the laws of the State
of Colorado (hereinafter referred to as "Ballard*King").
WHEREAS, Ballard*King desires to conduct a feasibility study for the
construction of a possible Community Recreation Center at Berry Creek/ Miller Ranch
Project (hereinafter referred to as the "Project"); and
WHEREAS, Ballard*King proposes to do certain tasks which is more particularly
described in Article 2 hereunder and the attached Exhibit "A" (hereinafter referred to as
the "Scope of Work"); and
WHEREAS, Ballard*King is desirous of performing the Scope of Work; and
WHEREAS, the County and Ballard*King desire to enter into an Agreement to
cover the Services as more particularly described hereinafter.
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in this Agreement, the parties hereby agree as follows:
ARTICLE 1
Term
1.1 The term of this Agreement shall be for a period of six (6) months,
commencing on the date set forth above and continuing until r,~~ 2004, unless
terminated earlier pursuant to the terms of this Agreement. ~s~.~;y,~.,
ARTICLE 2
Scope of Work
2.1 The Scope of Work contemplated under this Agreement with regard to the
Project is for conducting a feasibility study for the possible construction of a community
recreation center located at Berry Creek/Miller Ranch in Eagle County. Said feasibility
study shall include, but is not limited to, the Scope of Work more particularly identified
in Exhibit "A" as follows:
A. Project Overview
B. Market Analysis
C. Locating a suitable site for a day care facility which is compatible
with a potential recreation center and prepare a preliminary site
plan within 30 days
D. Citizen Participation Plan
E. Programming
F. Conceptual Layout Development
G. Project Capital Cost Estimate
H. Operational Assessment
I. Partnerships
J. Project Funding Assessment
K. Economic Impact Overview
L. Final Report
ARTICLE 3
Project Schedule
3.1 The Scope of Work prepared by Ballard*King which is described in
Exhibit "A" will be according to the schedule set forth in Exhibit "A."
ARTICLE 4
Independent Contractor
4.1 It is expressly acknowledged and understood by the parties hereto that
nothing contained in this Agreement shall result in, or be construed as establishing, an
employment relationship. Ballard*King shall be, and shall perform as, an independent
contractor. No agent, subcontractor, employee, or servant of Ballard*King shall be, or
deemed to be, the employee, agent or servant of the County. Ballard*King shall be solely
and entirely responsible for its acts and for the acts of Ballard*King's agents, employees,
and servants during the performance of this Agreement. Ballard*King shall not
represent, act, purport to act or be deemed the agent, representative, employee or servant
of the County.
ARTICLE 5
Compensation and Payment
5.1 County agrees to pay Ballard*King for its performance of the Scope of
Work in accordance with the price quotes presented in Ballard*King's proposal in the
attached Exhibit "A." Specifically, County shall pay Ballard*King an amount not to
exceed Forty Four Thousand Seven Hundred Fifty Dollars ($48,750.00) for the full and
complete performance of the Scope of Work.
5.2 The funds appropriated for this project are equal to or in excess of the
project cost summary as described on page six (6) of Exhibit "A." Notwithstanding
anything to the contrary contained in this Agreement, no charges shall be made to County
nor shall any payment be made to Ballard*King in excess of the above amounts for any
work done without the written approval of the County in accordance with an additional
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appropriation adopted by the Board of County Commissioners in accordance with the
provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County
is a governmental entity and that all obligations beyond the current fiscal year are subject
to funds being budgeted and appropriated.
5.3 Not more often than once a month, Ballard*King shall submit to County
an application for payment filled out and signed by Ballard*King covering the work
completed as of the date of the application, and accompanied by such supporting
documentation as County may reasonably require. The County agrees to pay
Ballard*King within thirty (30) days of receipt of a properly documented invoice.
5.4 Ballard*King shall maintain comprehensive, complete and accurate
records and accounts of its performance relating to this Agreement for a period of three
(3) years following final payment, which period shall be extended at County's reasonable
request. County shall have the right within such period to inspect such books, records
and documents upon demand, with reasonable notice and at a reasonable time.
ARTICLE 6
No Assignment or Subcontracting
6.1 The parties to this Agreement recognize that by entering into this
Agreement, the County is relying upon the skill and reputation of Ballard*King.
Therefore, Ballard*King may not assign its interest in this Agreement, including the
assignment of any rights or delegation of any obligations provided therein or subcontract
the performance of any part of the Work, without the prior written consent of the County,
which consent the County may withhold at its sole discretion. Except as so provided, this
Agreement shall be binding on and inure to the benefit of the parties hereto, and their
respective successors and assigns, and shall not be deemed to be for the benefit of or
enforceable by any third party. Unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the Agreement.
ARTICLE 7
Insurance
7.1 At all times during the term of this Agreement, Ballard*King shall
maintain the following insurance:
(i) Claims under Workmen's Compensation, disability benefits, and
other similar employee benefit acts, with coverage and in amounts as required by
the laws of the State of Colorado.
(ii) General Liability Coverage in the minimum amount of $1,000,000.
(Combined personal injury/property damage limit) for coverage of claims for
damage arising from the performance of services under this Agreement, including
but not limited to personal injury or death, property damage, and other damages
imposed by law upon Ballard*King with respect to all work performed by them.
(iii) Comprehensive Automobile Insurance in the amounts as required
by the laws of the State of Colorado.
7.2 Certificates of Insurance: Certificates of Insurance acceptable to the
County shall be filed with the County prior to commencement of the Scope of Work.
These Certificates shall contain provisions naming the County as an additional insured
under Ballard*King's insurance and that coverage afforded under the policies will not be
canceled until at least thirty days prior written notice has been given to the County.
ARTICLE 8
Indemnification
8.1 Ballard*King shall indemnify the County and hold and defend County and
its officials, boards, officers, principals and employees, harmless from, all costs, claims
and expenses, including reasonable attorney's fees, arising from claims of any nature
whatsoever made by any person in connection with the performance of this Agreement to
the extent such cost, claim and expense is caused in whole or in part by the negligent or
willful acts or omissions of Ballard*King.
ARTICLE 9
Ballard*King's Representations
9.1 In order to induce the County to enter into this Agreement, Ballard*King
makes the following representations:
A. Ballard*King has familiarized itself with the nature and extent of
this Agreement and the Scope of Work, locality, and with all local conditions, and
federal, state, and local laws, ordinances, rules and regulations that in any manner may
affect the cost, progress, or performance of the Scope of Work; and
B. Ballard*King shall be responsible for having taken steps
reasonably necessary to ascertain the nature and location of the Scope of Work, and the
general and local conditions which can affect the Scope of Work or the cost thereof. Any
failure by Ballard*King to do so will not relieve it from responsibility for successfully
performing the Scope of Work without additional expense to the County. Ballard*King
acknowledges that the County assumes no responsibility for any understanding or
representations concerning conditions made by any of its officers, employees or agents
prior to the execution of this Agreement, unless such understanding or representations are
expressly stated in this Agreement; and
C. Ballard*King has made, or caused to be made, examinations,
investigations, and tests and studies as it deems necessary for the performance of the
Scope of Work at the contract price, the contract time, and in accordance with other terms
and conditions of this Agreement; and
D. Ballard*King shall be responsible for the completeness and
accuracy of the Scope of Work and shall correct, at its sole expense, all errors and
omissions therein. The fact that County has accepted or approved the Scope of Work
shall not relieve Ballard*King of any if its responsibilities under this Agreement; and
E. Ballard*King shall perform the Scope of Work in a skillful,
professional and competent manner and in accordance with the standards of care, skill,
and diligence applicable to other contractors performing this type of work.
ARTICLE 10
Notices
10.1 Any notice required under this Agreement shall be personally delivered or
mailed in the United States mail, first class postage prepaid, to the appropriate party at
the following addresses:
Ballard*King: Ken Ballard
2743 E. Ravenhill Circle
Highlands Ranch, CO 80126
Tel: (303) 470-8661
Fax: (303) 470-8642
County: Keith Montag, Eagle County Community Development
Department
P.O. Box 179
500 Broadway
Eagle, CO 81631
Tel: (970) 328-8730
Fax: (970) 328-7185
with a copy to:
County Attorney
P.O. Box 850
500 Broadway
Eagle, CO 81631
Tel: (970) 328-8685
Fax: (970) 328-8699
10.2 Written notices shall be delivered personally, by commercial messenger
service or by prepaid U.S. mail. Notices also maybe given by facsimile transmission
provided an original is also promptly delivered. Notices are deemed to have been given
effective as of the date of delivery if personally delivered or by facsimile, and as of the
third day after mailing, if mailed.
ARTICLE 11
Termination
11.1 The performance of the Scope of Work maybe terminated at any time in
whole or in part, by the County for its convenience. Any such termination shall be
effected by delivery to Ballard*King of a written notice of termination specifying the
date upon which termination becomes effective. In such event, Ballard*King shall be
compensated for all work satisfactorily completed up to the date of termination.
11.2 If Ballard*King defaults or neglects to carry out the Scope of Work in
accordance with this Agreement and fails within a five (5) day period after receipt of
written notice from the County to correct such default or neglect with diligence and
promptness, the County may, without prejudice to other remedies, correct such
deficiencies. In such case, the Agreement maybe terminated by County or a deduction
for the cost of correction shall be taken from payments due Ballard*King.
ARTICLE 12
Miscellaneous
12.1 Ballard*King shall not discriminate against any employee or applicant for
employment to be employed in the performance of this Agreement on the basis of race,
color, religion, national origin, sex, ancestry, physical handicap, age, political affiliation
or family responsibility.
12.2 The making, execution and delivery of this Agreement by the parties
hereto has not been induced by any prior or contemporaneous representation, statement,
warranty or agreement as to any matter other than those herein expressed. This
Agreement embodies the entire understanding and agreement of the parties, and there are
no further or other agreements or understandings, written or oral, in effect between them
relating to the subject matter hereof. This Agreement may not be amended, including by
any modification of, deletion from or addition to the Scope of the Work, except by a
written document executed by both parties hereto.
12.3 This Agreement shall be governed by and construed in accordance with
the laws of the State of Colorado. The parties agree that venue in any action to enforce or
interpret this Agreement shall be in the District Court in the 5th Judicial District for the
State of Colorado.
12.4 This Agreement does not and shall not be deemed to confer upon or grant
to any third party any right enforceable at law or equity arising out of any term, covenant,
or condition herein or the breach thereof.
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12.5 The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be
construed as if such invalid or unenforceable provision was omitted.
12.6 In the event of litigation between the parties hereto regarding the
interpretation of this Agreement or of the obligations, duties or rights of the parties
hereunder, the prevailing party shall recover all reasonable costs incurred with regard to
such litigation, including reasonable attorney's fees and cost.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
STATE OF COLORADO )
ss:
County of ~ v • )
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Tom C. Stone, Chai an
Ballard*King sociates LTD
By.._
en Ballard, CPRP, President
On this ~^ Zday of April, 2004, Ken Ballard came before me, a notary public, and
/V(~/.l- ,known to me to be the President of
Ballard*King & Associates LTD who acknowledged to me that he executed the
foregoing document, that he executed it in that capacity, and that the same was the act of
the corporation.
~Q311912008
M fission expires:
Notary ublic
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Ballard*King and Associates
EXHIBIT A
Eagle County
Berry Creek/Miller Ranch
Community Recreation Center
Feasibility Study
Revised
Scope of Work
Project Overview:
* Project review and update
* Identify constraints and parameters
- Market
- Sitellocation issues
- Mission and goals
* Determine final work plan
* Review any previous planning efforts
- Program and service plans
- Other documents
* Meet with project team
- County staff
- Study committee
Market Analysis:
* Service area identification
* Demographic characteristics/community profile
- Population/age range/income
- Second home population/visitorrnarket
- Businesses/schools
- Trends analysis (next 5-20 years)
* Inventory of existing county/other public providers recreation
facilities/programslservices
- Existing facilities inventory/planned new facilities
- Existing aquatic/recreational program data
- Demand for aquatic/recreational program data
- Existing budget analysis
- Review existing department structure, policies, procedures, wage scales
and organizational structure
* Competitive market analysis (private/non-profits)
- Alternative recreation/aquatic service providers
- Facilities and services offered/future plans
- Admission rateslattendancenurnbers
Ballard*King and Associates
* Comparison with national, regional and local participation statistics and trends
- National Sporting Goods Association/NEA standards
* Demand for additional indoor recreation facilities
Citizen Participation Plan:
* Review existing research and surveys
- WECMRD Survey
- Berry Creek Master Plan Survey
* Conduct county meetings (3 meetings, in different parts of the county)
- Determine community indoor recreation needs
Existing provider's assessment
Unmet needs
- Identify priorities for future recreation services and facilities
- Assess willingness to pay
* Conduct stakeholder interviews (20 sessions max)
- Identify key stakeholder groups
County staff and commissioners
Other county public recreation providers
Recreation districts
Towns
Health and social service organizations
School districts
Colorado Mountain College
Other
Hispanic organizations/representatives
Potential user groups
Non-profit organizations
- Conduct interviews to gain responses from these individuals/groups
* Utilization of Eagle County website and local media to disseminate and gather
information
* Compile and interpret all information received
Day Care Site Plan:
* Develop a program plan fora 70 child day care
* Develop a preliminary plan diagram and site plan
- Relationship to existing Berry Creek/Miller Ranch features
- Relationship to proposed recreation center
Programming:
* Determine spacelactivities and services that are possible
- Trends analysis
- Opportunities investigation
Non-traditional recreation
- Possible integration on non-recreation services
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Ballard*King and Associates
* Identification of program spaces/activities and services
- Priorities
- Cost benefit analysis of each component
* Project component recommendation/prioritization
- Validate or adjust any existing facility program
- Determine sizing and space allocation requirements
- Component relationships and interaction
- Phasing plan
* Development of program statement consensus
Conceptual Layout Development:
* Site plan
* Schematic floor plan
* Phasing plan
* Expansion capabilities
Project Capital Cost Estimate:
* Site prep/infrastructure costs
* Building construction costs
* Phasing
* Equipment costs
* Soft cost estimates
* Total project cost estimate
Operational Assessment:
* Attendance estimates
-Daily
- Annually
* Fee structure
- Drop-in
- Multiple admissions/annual passes
- Family, corporate, group
- Rentals
* Sources of income
- Identification and verification of revenue sources
* Operating cost projections
- Develop a line item budget
- Personnel by position
- Contractual services
- Commodities
- Capital replacement
Ballard*King and Associates
* Revenue generation projections
- Develop a line item accounting
- Admissions
- Annual/multiple admissions
- Programs and services
- Rentals
- Other revenue sources
* Revenue/expenditure comparisons
- Cost recovery level
* Operating structure options
- Philosophy of operation
- Priorities of use
- Operational models
* Project recommendations/profitability of components
- Marketing strategy
- Program/service considerations
* Potential impact of planned center on other providers
- Other public recreation providers
Partnerships:
* Identification of potential partnerships
- Towns/Recreation Districts
- School Districts
- Colorado Mountain College
- Businesses
- Healthcare/social service organizations
- Other
* Determination of realistic partnering opportunities
- Cost/benefit analysis
Project Funding Assessment:
* Identify possible funding sources
- Tax dollars
- Fundraising
- Donations
- Grants
- Partnerships
* Determine possible funding scenario
- Capital
- Operations
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Ballard*King and Associates
Economic Impact Overview:
* Preliminary estimate of expected economic impact on the local economy
- Eagle County
- Towns (Gypsum, Eagle, Avon, Vail, Minturn, Edwards)
- Vail Valley
Final Report:
* Written final report
* Presentation of report (Commissioners/Community-2 meetings)
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Ballard*King and Associates
Project Cost Summary
BKA BRS Total
1. Project Overview $1,000 $550 $1,550
2. Market Analysis $3,500 -0- $3,500
3. Citizen Participation Plan
A. Community meetings (3) $1,500 $1,500 $3,000
B. Stakeholder inter. (20) $2,000 $1,000 $3,000
4. Day Care Site Plan* $400 $3,600 $4,000
5. Programming $1,000 $1,000 $2,000
6. Conceptual Layout (2 options) -0- $10,000 $10,000
7. Capital Cost Estimate -0- $3,000 $3,000
8. Operations Assessment $8,500 -0- $8,500
9. Partnerships $2,000 -0- $2,000
10. Project Funding Assessment $2,500 -0- $2,500
11. Economic Impact Overview $1,000 -0- $1,000
12. Final Report $1,500 $1,000 $2,500
Total $24,900 $21,650 $46,550
* To be completed in 30 days from signed contract.
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Ballard*King and Associates
Reimbursables
The number of trips is dependent on the exact scope of services that is authorized for this
project. All reimbursables will be billed based on the actual cost of the service, plus
10%. All bills will be itemized.
It is estimated that this scope of work will require:
Ballard*King - 4 trips to Eagle County @ $200; in addition phone, fax, copy and other
charges are estimated to be $500.
Barker Rinker Seacat - 3 trips @ $200; in addition other charges are estimated to be
$300.
Total $2,200
Grand Total $48,750
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Ballard*King and Associates
Project Schedule
We believe strongly in the project workshop format that allows the project team to spend
time with the client at critical points during the process. This can be done by scheduling
a series of meetings over a day or two period or by having extended work sessions to deal
at length with specific issues. The exact format and timing will be up to you the client
and what will best meet your needs. Between the scheduled workshops we will continue
to communicate with you, discussing concerns, issues and information. We will also be
forwarding written drafts of the various tasks as they are developed so that you will have
time to review and comment on the content.
Workshop I -Kick-off meeting
At the kick-off meeting with the County staff and the project committee we will lay the
groundwork for the project, determine how we will communicate with each other and
how decisions are made. We will review the project's goal and mission statement, tasks
to be completed and the schedule; making any necessary adjustments. During our visit,
we will do the research associated with the service area, demographics and market
analysis in an effort to initiate the needs assessment portion of the study. We will also
conduct the stakeholder sessions to determine potential issues or concerns regarding the
need for indoor recreation facilities and also have the first public meeting to determine
overall issues and priorities. We would also propose an update meeting with the project
team immediately prior to the end of our visit to review our progress and findings.
Task Staff
* Project Overview BKA (1)
* Market Analysis
* Stakeholder Interviews (50%)
Workshop II -Progress/update meeting
At this workshop we will first update the group on where we
results of the market analysis study and stakeholder interviews.
meetings will be held and the three public meetings conducted.
Task Staff
* Market Analysis BKA (1)
* Community Meetings BRS (1)
* Stakeholder Interviews (50%)
Time
2 Days
are with the preliminary
Additional stakeholder
Time
2 Day
2 Day
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Ballard*King and Associates
Workshop III -Progress/update meeting
At this workshop the final market analysis report will be presented and a summary of the
community input findings presented. We will concentrate on utilizing this information to
provide a foundation for the project while discussing recreation and fitness trends and
your specific market. Preliminary program options will be presented based on the public
input findings. Potential funding options will also be discussed. This will be a very busy
time in the study and one that will require a significant amount of input and discussion
from you the client.
Task Staff Time
* Market Analysis Summary BKA (1) 1 Day
* Citizen Participation Summary BRS (1) 1 Day
* Programming
* Funding
Workshop IV -Progress/update meeting/Draft Report
The concept plan options for the building and a preliminary site plan will be presented.
We will also provide final information on the operations pro-forma segment of the
project as well as the capital cost estimate portion of the study. All of this information
will be presented at a public workshop for comment and review. From this meeting, any
required adjustments or revisions to the draft report will be made and the final bound
document will subsequently be printed.
Task Staff Time
* Concept Plan BKA (1) 1 Day
* Capital Cost Analysis BRS (1) 1 Day
* Funding
* Operations Analysis
* Community Meeting
Note: 2 bound copies, one unbound and one electronic copy of the final report will be
produced at the conclusion of the project.
It should be noted that if a survey is added to the scope of work this will result in
another workshop and approximately 45 days being added to the schedule.
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Ballard*King and Associates
Total Project Timeline
Contract Signed/Notice to Proceed to Workshop I, approximately 21 days
Workshop I to Workshop II, approximately 21 days
Workshop II to Workshop III, approximately 45 days
Workshop III to Workshop IV, approximately 45 days
Workshop N to Final Report, approximately 14 days
Total Time: 146 days, 21 weeks.
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