HomeMy WebLinkAbout118550 R W BECK INC - CONTRACT - RFP - P689 UTILITIES STRATEGIC PLANNING INITIATIVEPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and R. W. BECK, INC., a corporation, hereinafter referred to as "Professional'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated
herein by this reference.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated October 7, 1999. Services shall be completed no later
than December 30, 1999. Time is of the essence. Any extensions of the time limit set forth above
must be agreed upon in writing by the parties hereto.
3. Early Termination by City. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
PSA 10/97
FORT COLLINS
CUSTOMER SURVEY SCOPE OF
SERVICES TO BE PROVIDED BY FORT COLLINS UTILITIES
With regard to the performance of work by R. W. Beck, Fort Collins
Utilities agrees to provide the following services or information:
■ Utility point of contact for purposes of information collection and
study coordination.
■ Timely review and approval of the survey questionnaires.
■ Local coordination of meetings and conference calls.
ADDITIONAL SERVICES
Additional services can be provided subject to modification of the Scope
of Services and schedule, and establishment of a mutually agreeable
adjustment to the contract price. To the extent that specific tasks or
options are requested to be expanded beyond the Scope of Services set
forth herein, such services can be provided and the price increased based
on the scheduled compensation. Examples include increased
questionnaire length, additional analyses, and additional meetings or
presentations.
SCHEDULE
The following are the approximate timeframes for each task as described
in the Scope of Services. This schedule is particularly contingent upon
obtaining timely approvals of the survey methodology and
questionnaires.
SCHEDULE
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1 .. '.:..
t?4f®#IVY.
...........
..
......... ............... ................... ..
Customer Survey
9
• Kick off meeting
October 7
• Surveys developed
and
1
October 15
approved
5
November 19
• Topline results
2
December 7
• Final Report
1
December 14
• Presentation
P:\COMMON\JBE\FT COLLINS EXHIBIT AMOC 10/7/99 R. W. Beck 3
EXHIBIT B
FORT COLLINS UTILITIES
COMPENSATION
COMPENSATION
The prices for the proposed services are listed below. Please note that R. W. Beck
and subcontractor costs are listed separately. The subcontractor fee includes R.
W. Beck's standard 10% surcharge for subcontractor procurement and
management.
PRICE
Residential Customer Survey
• Survey methodology,
questionnaires, analysis,
segmentation, report and
$14,000
$14,000
presentation
• Interviewing and statistical
tables
$13,200
$13,200
400 Residential interviews1l)
$ 600
$ 600
■ Sample list (2)
RESIDENTIAL SURVEY TOTAL -
$14,000
$13,800
$27,800
General Business Customer
survey y methodology,
•
$14,000
$14,000
questionnaires, analysis,
segmentation, report and
$17,700
$17,700
presentation
• Interviewing and statistical
$1,200
$1,200
tables
400 General Business
interviews (l)
• Sample list (2)
GENERAL BUSINESS SURVEY
$14,000
$18,900
$32,900
TOTAL
TOTAL COST FOR BOTH
RESIDENTIAL AND BUSINESS
$28,000
$32,700
$60,700
SURVEYS
(1) Subcontractor costs are based on interview length of 16 minutes. If Ft Collins Utilities
requires more information than can be obtained in the time frame, subcontractor costs will
increase.
P: \COMMON\JBE\Ft Collins exhibit B.doc 1
UTILFRES
B
(2) Cost may be reduced if utility provides electronic list of customers with name, address and
phone number. To increase the accuracy of dialing , phone numbers from the utility list
will be verified using an external telephone matching service.
P:\COMMON\JBE\Ft Collins exhibit B.doc
ExHIBIT C
FORT COLLINS UTILITIES
YEAR 2000 READINESS DISCLOSURE STATEMENT
Section 1. To the best of the knowledge of the individual signing this
Agreement, Contractor hereby certifies that it has investigated and
evaluated those information resources or systems to be provided or
used in connection with the performance of this Agreement, and
based on the information currently available, Contractor to the best
of its knowledge has no reasonable basis to expect that the
performance of this Agreement will be impeded or prevented as a
result of a failure by Contractor to become "Year 2000 Compliant".
Section 2. Contractor agrees to notify the City as soon as reasonably practicable
of any information resources or systems that it determines may not
be Year 2000 Compliant and may, as a result, materially impair
Contractor's ability to perform the Services as set forth in the
Agreement.
P:\COMMON\JBE\Ft Collins exb. C.doe
ExH Brr D
FORT COLums UTILITIES CONFwwnu Lm AGREEMENT
This Agreement is entered into, effective with the signing of the contract to which it is
appended, between the City of Fort Collins, Colorado ("Cityl and R.W. Beck, Inc., a
Washington corporation ("Beck") with respect to the following facts:
• Beck has been retained by City to provide consulting services in connection with a
Customer Survey for Fort Collins Utilities.
• It is anticipated that the City will furnish Beck certain information which is either non-
public, confidential or proprietary in nature and the parties desire to protect the
confidentiality of this information as appropriate.
NOW, THEREFORE, in consideration of permitting the disclosure of certain information and
the promises contained herein, the parties agree as follows:
1. Beck will keep confidential all information marked as confidential by the City
(the "Information', and, except as otherwise permitted herein, will not disclose the
Information in whole or in part other than in connection with the Customer Survey. Beck
agrees to reveal the Information only to its agents, representatives, attorneys or employees
who need to know the Information for the purpose of completing the Customer Survey who
are informed of the confidential nature of the Information and who agree to act in
accordance with the terms of this Agreement.
2. Beck will not be prohibited from disclosing or using any information which;
a. is or becomes generally available to the public other than as a result of a disclosure by
the City;
b. was already in Beck's possession before any disclosure of the Information by the City;
c. has been or is obtained by Beck from a third party (other than one acting on behalf of
the City) who Beck has no reason to believe is not lawfully in possession of the
Information and who Beck has no reason to believe is in violation of any contractual,
legal or fiduciary obligation to the City with respect to the Information;
d. is required to be disclosed by a subpoena or other directive of a court, administrative
agency, quasi-judicial body or arbitration panel; or
e. is independently developed by Beck.
3. All drawing, programs, software, data, financial information and other written Information
submitted by the City to Beck or its representatives shall be promptly returned to the City
upon its request. Beck may retain one copy of the Information for its legal records.
4. The Agreement shall be governed by, and construed in accordance with, the laws of the
State of Colorado.
5. This Agreement will terminate five years from the date hereof or on such earlier date as may
be mutually agreed by the parties.
6. This Agreement is binding upon and will inure to the benefit of the City and Beck and their
respective successors and assigns.
P:\COMMON\JBE\FL Collins exb. D.doc
Professional:
City:
With Copy to:
Wendy T. Warner, Senior Dir.
Wendy Williams, Deputy
Opal F. Dick CPPO
R. W. Beck, Inc.
General Manager
Senior Buyer
1125 Seventeenth St.
City of Fort Collins Utilities
City of Ft. Collins Utilities
Suite 1900
P.O. Box 580
P.O. Box 580
Denver, CO 80202
Fort Collins, CO 80522
Ft. Collins, CO 80525
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, to include reimbursables, subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall be the
Professional's sole right and remedy for such termination.
4. Desian, Project Indemnity and Insurance Responsibility. The Professional shall
maintain insurance with the following required coverages and minimum limits and, upon request, will
provide insurance certificates to the City:
Workers' Compensation
Employer's Liability
Comprehensive General Liability
Comprehensive General Automobile
Professional Liability
Statutory
$1,000,000
$1,000,000 per occurrence
$1,000,000 aggregate
$1,000,000 combined single limit
$1,000,000 per claim and in the aggregate
5. Reuse of Work. All documents, analyses, and other data provided by the Professional
for its use in providing services under this Agreement ("Professional's Work Items") are instruments
of service and are and shall remain the property of the Professional. The Professional shall be
entitled to use all documents, analyses, and other data provided by the city or by others at the City s
direction, for the purpose of performing the Services hereunder, however, the city shall retain
PSA 10/97
2
ownership to any such information. Those items designated in the Scope of Services as Work
Products ("Work Products") shall be jointly owned by the Professional and the City. The City shall
have the right to retain, copy, modify, or otherwise use all Work Products for its information,
reference, or any other purpose in connection with this or other City projects or undertakings. The
Professional may, at its sole discretion, copyright any of the Work Products that do not contain
confidential or proprietary information of or provided by the City; provided that no action by the
Professional shall restrict the City s right to retain, copy, modify, or otherwise use the Work Products
for its information, reference, or any other purpose in connection with this or other City projects or
undertakings.
6. Standard -of Care. The Professional will perform services under this Agreement
with the degree of skill and diligence normally practiced by professional engineers or consultants
performing the same or similar services. No other warranty or guarantee, expressed or implied, is
made with respect to the services furnished under this Agreement and all implied warranties are
disclaimed.
7. Consequential Damages. In no event and under no circumstances shall the
Professional be liable to the city for any interest, loss of anticipated revenues, earnings, profits,
increased expense of operations, loss by reason of shutdown or non -operation due to late
completion, or for any consequential, indirect or special damages.
8. Information Provided by Others. The City agrees to make reasonable efforts to
provide to the Professional in a timely manner information the Professional determines, in its
reasonable discretion, to be necessary for its performance of the services hereunder. It shall be
Professional's obligation to identify any such information and notify the City of the same in a manner
consistent with the overall schedule for the performance of the services hereunder. The
Professional may rely on the accuracy of information provided by the City and its representatives,
except to the extent it is unreasonable for professional to do so based on the information otherwise
PSA 10/97
3
available to the Professional.
9. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of Twenty -Eight Thousand
Dollars ($28,000) plus Thirty -Two Thousand Seven Hundred Dollars ($32,700) for Subcontractor
fees for interviewing and statistical tables, including a ten percent (10%) R. W. Beck, Inc. surcharge
for recruitment and management as set forth in Exhibit "B" consisting of one (1) page and
incorporated herein by this reference. All such fees and costs shall not exceed Sixty Thousand
Seven Hundred Dollars ($60,700) without City authorization. Monthly partial payments based upon
the Professional's billings and itemized statements are permissible. The amounts of all such partial
payments shall be based upon the Professional's City -verified progress in completing the services
to be performed pursuant hereto and upon the City's approval of the Professional's actual
reimbursable expenses. Final payment shall be made following acceptance of the work by the City.
10. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
11. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
12. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the payment
PSA 10/97
4
of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
13. Personal Services. It is understood that the City enters into this Agreement based
on the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written consent
of the City.
14. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's
approval or acceptance of, or payment for, any of the services shall not be construed to operate as
a waiver of any rights or benefits provided to the City under this Agreement.
15. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default.
16. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting
party for the non -defaulting party's reasonable attorney fees and costs incurred because of the
default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
PSA 10/97
5
representatives, successors and assigns of said parties.
18. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforoeable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision of this Agreement.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) page,
attached hereto and incorporated herein by this reference and Exhibit "D", Confidentiality consisting
of one (1) page attached hereto and incorporated herein by this reference.
PSA 10/97
6
THE CITY OF FORT COLLINS, COLORADO
By: ---:r-----
Joffi F. Fischbach
Ja as B. O'Neill II, CPPO
Dire for Purchasing & Risk Management
DATE: _ Q!�-------
fro.
,LST:
A VED AS TO FORM:
` R. W. BECK INC.
By:
Title: --------------------
C U Etv'C S— v t 5 'D � ct�c-rorZ
Date:----L�j`-----
ATTEST:
(Corporate Seal)
Corporate Secretary
DONNA LAMB
y
, PdOTAr?Y Pi;3L:C y
STATE OF COI_ON;100 i
. s
My CommisiT, Ex: ices funs 19, "090
PSA 10/97
7
EXHIBIT A
FORT COLLINS UTILITIES
CUSTOMER SURVEY SCOPE OF SERVICES
Primary research provides the cornerstone to the market knowledge step.
The Customer Survey will consist of market research with residential and
business customers to determine satisfaction with various aspects of
current service and name and brand familiarity. It will also explore
customers' basis for rating service, potential electric vendor switching
intentions under various scenarios, knowledge of potential competitive
providers and the perceived value of the integrated utility.
SURVEY OBJECTIVES
The primary objective of this study will be to use quantitative research to
determine customer satisfaction with Fort Collins Utilities. The study
will also assess the brand image of Fort Collins Utilities as well as
provide insight into the competitive landscape. The study will utilize
needs -based segmentation to identify target market segments.
Information to be collected includes:
■ Customer satisfaction with pricing, billing, customer service
(repair, bill payment, new accounts, inquiries), operations and
image of Fort Collins Utilities
■ Customer perceptions of the value of an integrated utility
■ Aspects of the integrated utility that can be leveraged
■ Customer perception regarding current and potential product and
service packages (high level look)
■ Customer attitudes and perceptions about Fort Collins Utilities
compared to potential competitors
■ Likelihood of customers to switch electric providers in various rate
and service scenarios
■ Customers' criteria for selection of a vendor
STUDY SPECIFICATIONS
R. W. Beck will design the study, develop the survey instrument, recruit
and manage the survey vendor, analyze results and assess the marketing
implications.
SUIVCy M UM& Telephone interviews of approximately 16 minutes in
length. Four hundred residential and 400 business interviews are
P:\COMMON\JBE\FT COLLINS EXHIBrr A.DOC 10/7/99
FORT COLLINS UTILITIES
CUSTOMER SURVEY SCOPE OF SERVICES
recommended as this provides results with a sampling error of +/- 5%
error at a 95% confidence level.
(1) Business interviews will include customers from across the different customer segments.
Questionnaire: R. W. Beck will develop the survey instruments. Fort
Collins Utilities management will have the opportunity to give input to,
and approve, the questionnaires to ensure that all the information needs
are met. The survey -fielding vendor will be responsible for conducting
the telephone interviews and for production of the statistical tables
specified by R. W. Beck for analysis. The survey -fielding subcontractor
will be procured and managed by R. W. Beck, Inc.. Statistical analyses
will include frequencies, cross -tabulations, cluster analysis, and factor
analysis. Cluster analysis will be used for segmentation purposes, while
factor analysis will be used to determine key drivers of customer
satisfaction.
Analysis Of Results: The R. W. Beck marketing team will evaluate
survey results. This will include analysis of customer satisfaction,
competitive positioning, and identification of market segments with their
associated characteristics and attitudes, and the evaluation of how the
integrated utility adds to market positioning.
TASK DELIVERABLES
The following deliverables will result from this task:
■ Survey questionnaires (consumer and commercial)
■ Sample requirements
■ Statistical report specifications
■ Subcontractor requirements and contract
■ Topline Report of Findings (Questionnaire frequencies)
■ Final Report, summarizing the analysis and conclusions
■ Detailed Findings Appendix
■ Raw survey data in electronic format
■ On -site presentation of results
P:\COMMON\JBB\FrCOLlINSEXHIBYrA.DOC 10/7/99 R. W. Beck 2